SB2777 EnrolledLRB099 20630 RLC 45213 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 Sex Offender Management Board Act is amended
5by changing Section 17 as follows:
 
6    (20 ILCS 4026/17)
7    Sec. 17. Sentencing of sex offenders; treatment based upon
8evaluation required.
9    (a) Each felony sex offender sentenced by the court for a
10sex offense shall be required as a part of any sentence to
11probation, conditional release, or periodic imprisonment to
12undergo treatment based upon the recommendations of the
13evaluation made pursuant to Section 16 or based upon any
14subsequent recommendations by the Administrative Office of the
15Illinois Courts or the county probation department, whichever
16is appropriate. Beginning on January 1, 2014, the treatment
17shall be with a sex offender treatment provider or associate
18sex offender provider as defined in Section 10 of this Act and
19at the offender's own expense based upon the offender's ability
20to pay for such treatment.
21    (b) Beginning on January 1, 2004, each sex offender placed
22on parole, aftercare release, or mandatory supervised release
23by the Prisoner Review Board shall be required as a condition

 

 

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1of parole or aftercare release to undergo treatment based upon
2any evaluation or subsequent reevaluation regarding such
3offender during the offender's incarceration or any period of
4parole or aftercare release. Beginning on January 1, 2014, the
5treatment shall be by a sex offender treatment provider or
6associate sex offender provider as defined in Section 10 of
7this Act and at the offender's expense based upon the
8offender's ability to pay for such treatment.
9(Source: P.A. 97-1098, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
10    Section 10. The Juvenile Court Act of 1987 is amended by
11changing Sections 5-710, 5-740, and 5-745 as follows:
 
12    (705 ILCS 405/5-710)
13    Sec. 5-710. Kinds of sentencing orders.
14    (1) The following kinds of sentencing orders may be made in
15respect of wards of the court:
16        (a) Except as provided in Sections 5-805, 5-810, 5-815,
17    a minor who is found guilty under Section 5-620 may be:
18            (i) put on probation or conditional discharge and
19        released to his or her parents, guardian or legal
20        custodian, provided, however, that any such minor who
21        is not committed to the Department of Juvenile Justice
22        under this subsection and who is found to be a
23        delinquent for an offense which is first degree murder,
24        a Class X felony, or a forcible felony shall be placed

 

 

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1        on probation;
2            (ii) placed in accordance with Section 5-740, with
3        or without also being put on probation or conditional
4        discharge;
5            (iii) required to undergo a substance abuse
6        assessment conducted by a licensed provider and
7        participate in the indicated clinical level of care;
8            (iv) on and after the effective date of this
9        amendatory Act of the 98th General Assembly and before
10        January 1, 2017, placed in the guardianship of the
11        Department of Children and Family Services, but only if
12        the delinquent minor is under 16 years of age or,
13        pursuant to Article II of this Act, a minor for whom an
14        independent basis of abuse, neglect, or dependency
15        exists. On and after January 1, 2017, placed in the
16        guardianship of the Department of Children and Family
17        Services, but only if the delinquent minor is under 15
18        years of age or, pursuant to Article II of this Act, a
19        minor for whom an independent basis of abuse, neglect,
20        or dependency exists. An independent basis exists when
21        the allegations or adjudication of abuse, neglect, or
22        dependency do not arise from the same facts, incident,
23        or circumstances which give rise to a charge or
24        adjudication of delinquency;
25            (v) placed in detention for a period not to exceed
26        30 days, either as the exclusive order of disposition

 

 

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1        or, where appropriate, in conjunction with any other
2        order of disposition issued under this paragraph,
3        provided that any such detention shall be in a juvenile
4        detention home and the minor so detained shall be 10
5        years of age or older. However, the 30-day limitation
6        may be extended by further order of the court for a
7        minor under age 15 committed to the Department of
8        Children and Family Services if the court finds that
9        the minor is a danger to himself or others. The minor
10        shall be given credit on the sentencing order of
11        detention for time spent in detention under Sections
12        5-501, 5-601, 5-710, or 5-720 of this Article as a
13        result of the offense for which the sentencing order
14        was imposed. The court may grant credit on a sentencing
15        order of detention entered under a violation of
16        probation or violation of conditional discharge under
17        Section 5-720 of this Article for time spent in
18        detention before the filing of the petition alleging
19        the violation. A minor shall not be deprived of credit
20        for time spent in detention before the filing of a
21        violation of probation or conditional discharge
22        alleging the same or related act or acts. The
23        limitation that the minor shall only be placed in a
24        juvenile detention home does not apply as follows:
25            Persons 18 years of age and older who have a
26        petition of delinquency filed against them may be

 

 

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1        confined in an adult detention facility. In making a
2        determination whether to confine a person 18 years of
3        age or older who has a petition of delinquency filed
4        against the person, these factors, among other
5        matters, shall be considered:
6                (A) the age of the person;
7                (B) any previous delinquent or criminal
8            history of the person;
9                (C) any previous abuse or neglect history of
10            the person;
11                (D) any mental health history of the person;
12            and
13                (E) any educational history of the person;
14            (vi) ordered partially or completely emancipated
15        in accordance with the provisions of the Emancipation
16        of Minors Act;
17            (vii) subject to having his or her driver's license
18        or driving privileges suspended for such time as
19        determined by the court but only until he or she
20        attains 18 years of age;
21            (viii) put on probation or conditional discharge
22        and placed in detention under Section 3-6039 of the
23        Counties Code for a period not to exceed the period of
24        incarceration permitted by law for adults found guilty
25        of the same offense or offenses for which the minor was
26        adjudicated delinquent, and in any event no longer than

 

 

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1        upon attainment of age 21; this subdivision (viii)
2        notwithstanding any contrary provision of the law;
3            (ix) ordered to undergo a medical or other
4        procedure to have a tattoo symbolizing allegiance to a
5        street gang removed from his or her body; or
6            (x) placed in electronic home detention under Part
7        7A of this Article.
8        (b) A minor found to be guilty may be committed to the
9    Department of Juvenile Justice under Section 5-750 if the
10    minor is at least 13 years and under 20 years of age,
11    provided that the commitment to the Department of Juvenile
12    Justice shall be made only if the minor was found guilty of
13    a felony offense or first degree murder a term of
14    imprisonment in the penitentiary system of the Department
15    of Corrections is permitted by law for adults found guilty
16    of the offense for which the minor was adjudicated
17    delinquent. The court shall include in the sentencing order
18    any pre-custody credits the minor is entitled to under
19    Section 5-4.5-100 of the Unified Code of Corrections. The
20    time during which a minor is in custody before being
21    released upon the request of a parent, guardian or legal
22    custodian shall also be considered as time spent in
23    custody.
24        (c) When a minor is found to be guilty for an offense
25    which is a violation of the Illinois Controlled Substances
26    Act, the Cannabis Control Act, or the Methamphetamine

 

 

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1    Control and Community Protection Act and made a ward of the
2    court, the court may enter a disposition order requiring
3    the minor to undergo assessment, counseling or treatment in
4    a substance abuse program approved by the Department of
5    Human Services.
6    (2) Any sentencing order other than commitment to the
7Department of Juvenile Justice may provide for protective
8supervision under Section 5-725 and may include an order of
9protection under Section 5-730.
10    (3) Unless the sentencing order expressly so provides, it
11does not operate to close proceedings on the pending petition,
12but is subject to modification until final closing and
13discharge of the proceedings under Section 5-750.
14    (4) In addition to any other sentence, the court may order
15any minor found to be delinquent to make restitution, in
16monetary or non-monetary form, under the terms and conditions
17of Section 5-5-6 of the Unified Code of Corrections, except
18that the "presentencing hearing" referred to in that Section
19shall be the sentencing hearing for purposes of this Section.
20The parent, guardian or legal custodian of the minor may be
21ordered by the court to pay some or all of the restitution on
22the minor's behalf, pursuant to the Parental Responsibility
23Law. The State's Attorney is authorized to act on behalf of any
24victim in seeking restitution in proceedings under this
25Section, up to the maximum amount allowed in Section 5 of the
26Parental Responsibility Law.

 

 

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1    (5) Any sentencing order where the minor is committed or
2placed in accordance with Section 5-740 shall provide for the
3parents or guardian of the estate of the minor to pay to the
4legal custodian or guardian of the person of the minor such
5sums as are determined by the custodian or guardian of the
6person of the minor as necessary for the minor's needs. The
7payments may not exceed the maximum amounts provided for by
8Section 9.1 of the Children and Family Services Act.
9    (6) Whenever the sentencing order requires the minor to
10attend school or participate in a program of training, the
11truant officer or designated school official shall regularly
12report to the court if the minor is a chronic or habitual
13truant under Section 26-2a of the School Code. Notwithstanding
14any other provision of this Act, in instances in which
15educational services are to be provided to a minor in a
16residential facility where the minor has been placed by the
17court, costs incurred in the provision of those educational
18services must be allocated based on the requirements of the
19School Code.
20    (7) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice for a period of time in excess
22of that period for which an adult could be committed for the
23same act. The court shall include in the sentencing order a
24limitation on the period of confinement not to exceed the
25maximum period of imprisonment the court could impose under
26Article V of the Unified Code of Corrections.

 

 

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1    (7.5) In no event shall a guilty minor be committed to the
2Department of Juvenile Justice or placed in detention when the
3act for which the minor was adjudicated delinquent would not be
4illegal if committed by an adult.
5    (7.6) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice for an offense which is a Class
74 felony under Section 19-4 (criminal trespass to a residence),
821-1 (criminal damage to property), 21-1.01 (criminal damage to
9government supported property), 21-1.3 (criminal defacement of
10property), 26-1 (disorderly conduct), or 31-4 (obstructing
11justice), of the Criminal Code of 2012.
12    (8) A minor found to be guilty for reasons that include a
13violation of Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012 shall be ordered to perform community
15service for not less than 30 and not more than 120 hours, if
16community service is available in the jurisdiction. The
17community service shall include, but need not be limited to,
18the cleanup and repair of the damage that was caused by the
19violation or similar damage to property located in the
20municipality or county in which the violation occurred. The
21order may be in addition to any other order authorized by this
22Section.
23    (8.5) A minor found to be guilty for reasons that include a
24violation of Section 3.02 or Section 3.03 of the Humane Care
25for Animals Act or paragraph (d) of subsection (1) of Section
2621-1 of the Criminal Code of 1961 or paragraph (4) of

 

 

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1subsection (a) of Section 21-1 of the Criminal Code of 2012
2shall be ordered to undergo medical or psychiatric treatment
3rendered by a psychiatrist or psychological treatment rendered
4by a clinical psychologist. The order may be in addition to any
5other order authorized by this Section.
6    (9) In addition to any other sentencing order, the court
7shall order any minor found to be guilty for an act which would
8constitute, predatory criminal sexual assault of a child,
9aggravated criminal sexual assault, criminal sexual assault,
10aggravated criminal sexual abuse, or criminal sexual abuse if
11committed by an adult to undergo medical testing to determine
12whether the defendant has any sexually transmissible disease
13including a test for infection with human immunodeficiency
14virus (HIV) or any other identified causative agency of
15acquired immunodeficiency syndrome (AIDS). Any medical test
16shall be performed only by appropriately licensed medical
17practitioners and may include an analysis of any bodily fluids
18as well as an examination of the minor's person. Except as
19otherwise provided by law, the results of the test shall be
20kept strictly confidential by all medical personnel involved in
21the testing and must be personally delivered in a sealed
22envelope to the judge of the court in which the sentencing
23order was entered for the judge's inspection in camera. Acting
24in accordance with the best interests of the victim and the
25public, the judge shall have the discretion to determine to
26whom the results of the testing may be revealed. The court

 

 

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1shall notify the minor of the results of the test for infection
2with the human immunodeficiency virus (HIV). The court shall
3also notify the victim if requested by the victim, and if the
4victim is under the age of 15 and if requested by the victim's
5parents or legal guardian, the court shall notify the victim's
6parents or the legal guardian, of the results of the test for
7infection with the human immunodeficiency virus (HIV). The
8court shall provide information on the availability of HIV
9testing and counseling at the Department of Public Health
10facilities to all parties to whom the results of the testing
11are revealed. The court shall order that the cost of any test
12shall be paid by the county and may be taxed as costs against
13the minor.
14    (10) When a court finds a minor to be guilty the court
15shall, before entering a sentencing order under this Section,
16make a finding whether the offense committed either: (a) was
17related to or in furtherance of the criminal activities of an
18organized gang or was motivated by the minor's membership in or
19allegiance to an organized gang, or (b) involved a violation of
20subsection (a) of Section 12-7.1 of the Criminal Code of 1961
21or the Criminal Code of 2012, a violation of any Section of
22Article 24 of the Criminal Code of 1961 or the Criminal Code of
232012, or a violation of any statute that involved the wrongful
24use of a firearm. If the court determines the question in the
25affirmative, and the court does not commit the minor to the
26Department of Juvenile Justice, the court shall order the minor

 

 

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1to perform community service for not less than 30 hours nor
2more than 120 hours, provided that community service is
3available in the jurisdiction and is funded and approved by the
4county board of the county where the offense was committed. The
5community service shall include, but need not be limited to,
6the cleanup and repair of any damage caused by a violation of
7Section 21-1.3 of the Criminal Code of 1961 or the Criminal
8Code of 2012 and similar damage to property located in the
9municipality or county in which the violation occurred. When
10possible and reasonable, the community service shall be
11performed in the minor's neighborhood. This order shall be in
12addition to any other order authorized by this Section except
13for an order to place the minor in the custody of the
14Department of Juvenile Justice. For the purposes of this
15Section, "organized gang" has the meaning ascribed to it in
16Section 10 of the Illinois Streetgang Terrorism Omnibus
17Prevention Act.
18    (11) If the court determines that the offense was committed
19in furtherance of the criminal activities of an organized gang,
20as provided in subsection (10), and that the offense involved
21the operation or use of a motor vehicle or the use of a
22driver's license or permit, the court shall notify the
23Secretary of State of that determination and of the period for
24which the minor shall be denied driving privileges. If, at the
25time of the determination, the minor does not hold a driver's
26license or permit, the court shall provide that the minor shall

 

 

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1not be issued a driver's license or permit until his or her
218th birthday. If the minor holds a driver's license or permit
3at the time of the determination, the court shall provide that
4the minor's driver's license or permit shall be revoked until
5his or her 21st birthday, or until a later date or occurrence
6determined by the court. If the minor holds a driver's license
7at the time of the determination, the court may direct the
8Secretary of State to issue the minor a judicial driving
9permit, also known as a JDP. The JDP shall be subject to the
10same terms as a JDP issued under Section 6-206.1 of the
11Illinois Vehicle Code, except that the court may direct that
12the JDP be effective immediately.
13    (12) If a minor is found to be guilty of a violation of
14subsection (a-7) of Section 1 of the Prevention of Tobacco Use
15by Minors Act, the court may, in its discretion, and upon
16recommendation by the State's Attorney, order that minor and
17his or her parents or legal guardian to attend a smoker's
18education or youth diversion program as defined in that Act if
19that program is available in the jurisdiction where the
20offender resides. Attendance at a smoker's education or youth
21diversion program shall be time-credited against any community
22service time imposed for any first violation of subsection
23(a-7) of Section 1 of that Act. In addition to any other
24penalty that the court may impose for a violation of subsection
25(a-7) of Section 1 of that Act, the court, upon request by the
26State's Attorney, may in its discretion require the offender to

 

 

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1remit a fee for his or her attendance at a smoker's education
2or youth diversion program.
3    For purposes of this Section, "smoker's education program"
4or "youth diversion program" includes, but is not limited to, a
5seminar designed to educate a person on the physical and
6psychological effects of smoking tobacco products and the
7health consequences of smoking tobacco products that can be
8conducted with a locality's youth diversion program.
9    In addition to any other penalty that the court may impose
10under this subsection (12):
11        (a) If a minor violates subsection (a-7) of Section 1
12    of the Prevention of Tobacco Use by Minors Act, the court
13    may impose a sentence of 15 hours of community service or a
14    fine of $25 for a first violation.
15        (b) A second violation by a minor of subsection (a-7)
16    of Section 1 of that Act that occurs within 12 months after
17    the first violation is punishable by a fine of $50 and 25
18    hours of community service.
19        (c) A third or subsequent violation by a minor of
20    subsection (a-7) of Section 1 of that Act that occurs
21    within 12 months after the first violation is punishable by
22    a $100 fine and 30 hours of community service.
23        (d) Any second or subsequent violation not within the
24    12-month time period after the first violation is
25    punishable as provided for a first violation.
26(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;

 

 

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199-268, eff. 1-1-16.)
 
2    (705 ILCS 405/5-740)
3    Sec. 5-740. Placement; legal custody or guardianship.
4    (1) If the court finds that the parents, guardian, or legal
5custodian of a minor adjudged a ward of the court are unfit or
6are unable, for some reason other than financial circumstances
7alone, to care for, protect, train or discipline the minor or
8are unwilling to do so, and that appropriate services aimed at
9family preservation and family reunification have been
10unsuccessful in rectifying the conditions which have led to a
11finding of unfitness or inability to care for, protect, train
12or discipline the minor, and that it is in the best interest of
13the minor to take him or her from the custody of his or her
14parents, guardian or custodian, the court may:
15        (a) place him or her in the custody of a suitable
16    relative or other person;
17        (b) place him or her under the guardianship of a
18    probation officer;
19        (c) commit him or her to an agency for care or
20    placement, except an institution under the authority of the
21    Department of Juvenile Justice Corrections or of the
22    Department of Children and Family Services;
23        (d) commit him or her to some licensed training school
24    or industrial school; or
25        (e) commit him or her to any appropriate institution

 

 

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1    having among its purposes the care of delinquent children,
2    including a child protective facility maintained by a child
3    protection district serving the county from which
4    commitment is made, but not including any institution under
5    the authority of the Department of Juvenile Justice
6    Corrections or of the Department of Children and Family
7    Services.
8    (2) When making such placement, the court, wherever
9possible, shall select a person holding the same religious
10belief as that of the minor or a private agency controlled by
11persons of like religious faith of the minor and shall require
12the Department of Children and Family Services to otherwise
13comply with Section 7 of the Children and Family Services Act
14in placing the child. In addition, whenever alternative plans
15for placement are available, the court shall ascertain and
16consider, to the extent appropriate in the particular case, the
17views and preferences of the minor.
18    (3) When a minor is placed with a suitable relative or
19other person, the court shall appoint him or her the legal
20custodian or guardian of the person of the minor. When a minor
21is committed to any agency, the court shall appoint the proper
22officer or representative of the proper officer as legal
23custodian or guardian of the person of the minor. Legal
24custodians and guardians of the person of the minor have the
25respective rights and duties set forth in subsection (9) of
26Section 5-105 except as otherwise provided by order of court;

 

 

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1but no guardian of the person may consent to adoption of the
2minor. An agency whose representative is appointed guardian of
3the person or legal custodian of the minor may place him or her
4in any child care facility, but the facility must be licensed
5under the Child Care Act of 1969 or have been approved by the
6Department of Children and Family Services as meeting the
7standards established for such licensing. Like authority and
8restrictions shall be conferred by the court upon any probation
9officer who has been appointed guardian of the person of a
10minor.
11    (4) No placement by any probation officer or agency whose
12representative is appointed guardian of the person or legal
13custodian of a minor may be made in any out of State child care
14facility unless it complies with the Interstate Compact on the
15Placement of Children.
16    (5) The clerk of the court shall issue to the guardian or
17legal custodian of the person a certified copy of the order of
18court, as proof of his or her authority. No other process is
19necessary as authority for the keeping of the minor.
20    (6) Legal custody or guardianship granted under this
21Section continues until the court otherwise directs, but not
22after the minor reaches the age of 21 years except as set forth
23in Section 5-750.
24(Source: P.A. 90-590, eff. 1-1-99.)
 
25    (705 ILCS 405/5-745)

 

 

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1    Sec. 5-745. Court review.
2    (1) The court may require any legal custodian or guardian
3of the person appointed under this Act, including the
4Department of Juvenile Justice for youth committed under
5Section 5-750 of this Act, to report periodically to the court
6or may cite him or her into court and require him or her, or his
7or her agency, to make a full and accurate report of his or her
8or its doings in behalf of the minor, including efforts to
9secure post-release placement of the youth after release from
10the Department's facilities. The legal custodian or guardian,
11within 10 days after the citation, shall make the report,
12either in writing verified by affidavit or orally under oath in
13open court, or otherwise as the court directs. Upon the hearing
14of the report the court may remove the legal custodian or
15guardian and appoint another in his or her stead or restore the
16minor to the custody of his or her parents or former guardian
17or legal custodian.
18    (2) A guardian or legal custodian appointed by the court
19under Section 5-740 of this Act shall file updated case plans
20with the court every 6 months. Every agency which has
21guardianship of a child shall file a supplemental petition for
22court review, or review by an administrative body appointed or
23approved by the court and further order within 18 months of the
24sentencing order and each 18 months thereafter. The petition
25shall state facts relative to the child's present condition of
26physical, mental and emotional health as well as facts relative

 

 

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1to his or her present custodial or foster care. The petition
2shall be set for hearing and the clerk shall mail 10 days
3notice of the hearing by certified mail, return receipt
4requested, to the person or agency having the physical custody
5of the child, the minor and other interested parties unless a
6written waiver of notice is filed with the petition.
7    If the minor is in the custody of the Illinois Department
8of Children and Family Services, pursuant to an order entered
9under this Article, the court shall conduct permanency hearings
10as set out in subsections (1), (2), and (3) of Section 2-28 of
11Article II of this Act.
12    Rights of wards of the court under this Act are enforceable
13against any public agency by complaints for relief by mandamus
14filed in any proceedings brought under this Act.
15    (3) The minor or any person interested in the minor may
16apply to the court for a change in custody of the minor and the
17appointment of a new custodian or guardian of the person or for
18the restoration of the minor to the custody of his or her
19parents or former guardian or custodian. In the event that the
20minor has attained 18 years of age and the guardian or
21custodian petitions the court for an order terminating his or
22her guardianship or custody, guardianship or legal custody
23shall terminate automatically 30 days after the receipt of the
24petition unless the court orders otherwise. No legal custodian
25or guardian of the person may be removed without his or her
26consent until given notice and an opportunity to be heard by

 

 

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1the court.
2(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)
 
3    Section 15. The Illinois Controlled Substances Act is
4amended by changing Section 509 as follows:
 
5    (720 ILCS 570/509)  (from Ch. 56 1/2, par. 1509)
6    Sec. 509. Whenever any court in this State grants probation
7to any person that the court has reason to believe is or has
8been an addict or unlawful possessor of controlled substances,
9the court shall require, as a condition of probation, that the
10probationer submit to periodic tests by the Department of
11Corrections to determine by means of appropriate chemical
12detection tests whether the probationer is using controlled
13substances. The court may require as a condition of probation
14that the probationer enter an approved treatment program, if
15the court determines that the probationer is addicted to a
16controlled substance. Whenever the Prisoner Review Parole and
17Pardon Board grants parole or the Department of Juvenile
18Justice grants aftercare release to a person believed to have
19whom the Board has reason to believe has been an unlawful
20possessor or addict of controlled substances, the Board or
21Department shall require as a condition of parole or aftercare
22release that the parolee or aftercare releasee submit to
23appropriate periodic chemical tests by the Department of
24Corrections or the Department of Juvenile Justice to determine

 

 

SB2777 Enrolled- 21 -LRB099 20630 RLC 45213 b

1whether the parolee or aftercare releasee is using controlled
2substances.
3(Source: P.A. 98-558, eff. 1-1-14.)
 
4    Section 20. The Rights of Crime Victims and Witnesses Act
5is amended by changing Sections 4.5 and 5 as follows:
 
6    (725 ILCS 120/4.5)
7    Sec. 4.5. Procedures to implement the rights of crime
8victims. To afford crime victims their rights, law enforcement,
9prosecutors, judges and corrections will provide information,
10as appropriate of the following procedures:
11    (a) At the request of the crime victim, law enforcement
12authorities investigating the case shall provide notice of the
13status of the investigation, except where the State's Attorney
14determines that disclosure of such information would
15unreasonably interfere with the investigation, until such time
16as the alleged assailant is apprehended or the investigation is
17closed.
18    (a-5) When law enforcement authorities re-open a closed
19case to resume investigating, they shall provide notice of the
20re-opening of the case, except where the State's Attorney
21determines that disclosure of such information would
22unreasonably interfere with the investigation.
23    (b) The office of the State's Attorney:
24        (1) shall provide notice of the filing of an

 

 

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1    information, the return of an indictment, or the filing of
2    a petition to adjudicate a minor as a delinquent for a
3    violent crime;
4        (2) shall provide timely notice of the date, time, and
5    place of court proceedings; of any change in the date,
6    time, and place of court proceedings; and of any
7    cancellation of court proceedings. Notice shall be
8    provided in sufficient time, wherever possible, for the
9    victim to make arrangements to attend or to prevent an
10    unnecessary appearance at court proceedings;
11        (3) or victim advocate personnel shall provide
12    information of social services and financial assistance
13    available for victims of crime, including information of
14    how to apply for these services and assistance;
15        (3.5) or victim advocate personnel shall provide
16    information about available victim services, including
17    referrals to programs, counselors, and agencies that
18    assist a victim to deal with trauma, loss, and grief;
19        (4) shall assist in having any stolen or other personal
20    property held by law enforcement authorities for
21    evidentiary or other purposes returned as expeditiously as
22    possible, pursuant to the procedures set out in Section
23    115-9 of the Code of Criminal Procedure of 1963;
24        (5) or victim advocate personnel shall provide
25    appropriate employer intercession services to ensure that
26    employers of victims will cooperate with the criminal

 

 

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1    justice system in order to minimize an employee's loss of
2    pay and other benefits resulting from court appearances;
3        (6) shall provide, whenever possible, a secure waiting
4    area during court proceedings that does not require victims
5    to be in close proximity to defendants or juveniles accused
6    of a violent crime, and their families and friends;
7        (7) shall provide notice to the crime victim of the
8    right to have a translator present at all court proceedings
9    and, in compliance with the federal Americans with
10    Disabilities Act of 1990, the right to communications
11    access through a sign language interpreter or by other
12    means;
13        (8) (blank);
14        (8.5) shall inform the victim of the right to be
15    present at all court proceedings, unless the victim is to
16    testify and the court determines that the victim's
17    testimony would be materially affected if the victim hears
18    other testimony at trial;
19        (9) shall inform the victim of the right to have
20    present at all court proceedings, subject to the rules of
21    evidence and confidentiality, an advocate and other
22    support person of the victim's choice;
23        (9.3) shall inform the victim of the right to retain an
24    attorney, at the victim's own expense, who, upon written
25    notice filed with the clerk of the court and State's
26    Attorney, is to receive copies of all notices, motions and

 

 

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1    court orders filed thereafter in the case, in the same
2    manner as if the victim were a named party in the case;
3        (9.5) shall inform the victim of (A) the victim's right
4    under Section 6 of this Act to make a victim impact
5    statement at the sentencing hearing; (B) the right of the
6    victim's spouse, guardian, parent, grandparent and other
7    immediate family and household members under Section 6 of
8    this Act to present an impact statement at sentencing; and
9    (C) if a presentence report is to be prepared, the right of
10    the victim's spouse, guardian, parent, grandparent and
11    other immediate family and household members to submit
12    information to the preparer of the presentence report about
13    the effect the offense has had on the victim and the
14    person;
15        (10) at the sentencing shall make a good faith attempt
16    to explain the minimum amount of time during which the
17    defendant may actually be physically imprisoned. The
18    Office of the State's Attorney shall further notify the
19    crime victim of the right to request from the Prisoner
20    Review Board or Department of Juvenile Justice information
21    concerning the release of the defendant under subparagraph
22    (d)(1) of this Section;
23        (11) shall request restitution at sentencing and as
24    part of a plea agreement if the victim requests
25    restitution;
26        (12) shall, upon the court entering a verdict of not

 

 

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1    guilty by reason of insanity, inform the victim of the
2    notification services available from the Department of
3    Human Services, including the statewide telephone number,
4    under subparagraph (d)(2) of this Section;
5        (13) shall provide notice within a reasonable time
6    after receipt of notice from the custodian, of the release
7    of the defendant on bail or personal recognizance or the
8    release from detention of a minor who has been detained;
9        (14) shall explain in nontechnical language the
10    details of any plea or verdict of a defendant, or any
11    adjudication of a juvenile as a delinquent;
12        (15) shall make all reasonable efforts to consult with
13    the crime victim before the Office of the State's Attorney
14    makes an offer of a plea bargain to the defendant or enters
15    into negotiations with the defendant concerning a possible
16    plea agreement, and shall consider the written victim
17    impact statement, if prepared prior to entering into a plea
18    agreement. The right to consult with the prosecutor does
19    not include the right to veto a plea agreement or to insist
20    the case go to trial. If the State's Attorney has not
21    consulted with the victim prior to making an offer or
22    entering into plea negotiations with the defendant, the
23    Office of the State's Attorney shall notify the victim of
24    the offer or the negotiations within 2 business days and
25    confer with the victim;
26        (16) shall provide notice of the ultimate disposition

 

 

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1    of the cases arising from an indictment or an information,
2    or a petition to have a juvenile adjudicated as a
3    delinquent for a violent crime;
4        (17) shall provide notice of any appeal taken by the
5    defendant and information on how to contact the appropriate
6    agency handling the appeal, and how to request notice of
7    any hearing, oral argument, or decision of an appellate
8    court;
9        (18) shall provide timely notice of any request for
10    post-conviction review filed by the defendant under
11    Article 122 of the Code of Criminal Procedure of 1963, and
12    of the date, time and place of any hearing concerning the
13    petition. Whenever possible, notice of the hearing shall be
14    given within 48 hours of the court's scheduling of the
15    hearing; and
16        (19) shall forward a copy of any statement presented
17    under Section 6 to the Prisoner Review Board or Department
18    of Juvenile Justice to be considered by the Board in making
19    a its determination under Section 3-2.5-85 or subsection
20    (b) of Section 3-3-8 of the Unified Code of Corrections.
21    (c) The court shall ensure that the rights of the victim
22are afforded.
23    (c-5) The following procedures shall be followed to afford
24victims the rights guaranteed by Article I, Section 8.1 of the
25Illinois Constitution:
26        (1) Written notice. A victim may complete a written

 

 

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1    notice of intent to assert rights on a form prepared by the
2    Office of the Attorney General and provided to the victim
3    by the State's Attorney. The victim may at any time provide
4    a revised written notice to the State's Attorney. The
5    State's Attorney shall file the written notice with the
6    court. At the beginning of any court proceeding in which
7    the right of a victim may be at issue, the court and
8    prosecutor shall review the written notice to determine
9    whether the victim has asserted the right that may be at
10    issue.
11        (2) Victim's retained attorney. A victim's attorney
12    shall file an entry of appearance limited to assertion of
13    the victim's rights. Upon the filing of the entry of
14    appearance and service on the State's Attorney and the
15    defendant, the attorney is to receive copies of all
16    notices, motions and court orders filed thereafter in the
17    case.
18        (3) Standing. The victim has standing to assert the
19    rights enumerated in subsection (a) of Article I, Section
20    8.1 of the Illinois Constitution and the statutory rights
21    under Section 4 of this Act in any court exercising
22    jurisdiction over the criminal case. The prosecuting
23    attorney, a victim, or the victim's retained attorney may
24    assert the victim's rights. The defendant in the criminal
25    case has no standing to assert a right of the victim in any
26    court proceeding, including on appeal.

 

 

SB2777 Enrolled- 28 -LRB099 20630 RLC 45213 b

1        (4) Assertion of and enforcement of rights.
2            (A) The prosecuting attorney shall assert a
3        victim's right or request enforcement of a right by
4        filing a motion or by orally asserting the right or
5        requesting enforcement in open court in the criminal
6        case outside the presence of the jury. The prosecuting
7        attorney shall consult with the victim and the victim's
8        attorney regarding the assertion or enforcement of a
9        right. If the prosecuting attorney decides not to
10        assert or enforce a victim's right, the prosecuting
11        attorney shall notify the victim or the victim's
12        attorney in sufficient time to allow the victim or the
13        victim's attorney to assert the right or to seek
14        enforcement of a right.
15            (B) If the prosecuting attorney elects not to
16        assert a victim's right or to seek enforcement of a
17        right, the victim or the victim's attorney may assert
18        the victim's right or request enforcement of a right by
19        filing a motion or by orally asserting the right or
20        requesting enforcement in open court in the criminal
21        case outside the presence of the jury.
22            (C) If the prosecuting attorney asserts a victim's
23        right or seeks enforcement of a right, and the court
24        denies the assertion of the right or denies the request
25        for enforcement of a right, the victim or victim's
26        attorney may file a motion to assert the victim's right

 

 

SB2777 Enrolled- 29 -LRB099 20630 RLC 45213 b

1        or to request enforcement of the right within 10 days
2        of the court's ruling. The motion need not demonstrate
3        the grounds for a motion for reconsideration. The court
4        shall rule on the merits of the motion.
5            (D) The court shall take up and decide any motion
6        or request asserting or seeking enforcement of a
7        victim's right without delay, unless a specific time
8        period is specified by law or court rule. The reasons
9        for any decision denying the motion or request shall be
10        clearly stated on the record.
11        (5) Violation of rights and remedies.
12            (A) If the court determines that a victim's right
13        has been violated, the court shall determine the
14        appropriate remedy for the violation of the victim's
15        right by hearing from the victim and the parties,
16        considering all factors relevant to the issue, and then
17        awarding appropriate relief to the victim.
18            (B) The appropriate remedy shall include only
19        actions necessary to provide the victim the right to
20        which the victim was entitled and may include reopening
21        previously held proceedings; however, in no event
22        shall the court vacate a conviction. Any remedy shall
23        be tailored to provide the victim an appropriate remedy
24        without violating any constitutional right of the
25        defendant. In no event shall the appropriate remedy be
26        a new trial, damages, or costs.

 

 

SB2777 Enrolled- 30 -LRB099 20630 RLC 45213 b

1        (6) Right to be heard. Whenever a victim has the right
2    to be heard, the court shall allow the victim to exercise
3    the right in any reasonable manner the victim chooses.
4        (7) Right to attend trial. A party must file a written
5    motion to exclude a victim from trial at least 60 days
6    prior to the date set for trial. The motion must state with
7    specificity the reason exclusion is necessary to protect a
8    constitutional right of the party, and must contain an
9    offer of proof. The court shall rule on the motion within
10    30 days. If the motion is granted, the court shall set
11    forth on the record the facts that support its finding that
12    the victim's testimony will be materially affected if the
13    victim hears other testimony at trial.
14        (8) Right to have advocate present. A party who intends
15    to call an advocate as a witness must seek permission of
16    the court before the subpoena is issued. The party must
17    file a written motion and offer of proof regarding the
18    anticipated testimony of the advocate in sufficient time to
19    allow the court to rule and the victim to seek appellate
20    review. The court shall rule on the motion without delay.
21        (9) Right to notice and hearing before disclosure of
22    confidential or privileged information or records. A
23    defendant who seeks to subpoena records of or concerning
24    the victim that are confidential or privileged by law must
25    seek permission of the court before the subpoena is issued.
26    The defendant must file a written motion and an offer of

 

 

SB2777 Enrolled- 31 -LRB099 20630 RLC 45213 b

1    proof regarding the relevance, admissibility and
2    materiality of the records. If the court finds by a
3    preponderance of the evidence that: (A) the records are not
4    protected by an absolute privilege and (B) the records
5    contain relevant, admissible, and material evidence that
6    is not available through other witnesses or evidence, the
7    court shall issue a subpoena requiring a sealed copy of the
8    records be delivered to the court to be reviewed in camera.
9    If, after conducting an in camera review of the records,
10    the court determines that due process requires disclosure
11    of any portion of the records, the court shall provide
12    copies of what it intends to disclose to the prosecuting
13    attorney and the victim. The prosecuting attorney and the
14    victim shall have 30 days to seek appellate review before
15    the records are disclosed to the defendant. The disclosure
16    of copies of any portion of the records to the prosecuting
17    attorney does not make the records subject to discovery.
18        (10) Right to notice of court proceedings. If the
19    victim is not present at a court proceeding in which a
20    right of the victim is at issue, the court shall ask the
21    prosecuting attorney whether the victim was notified of the
22    time, place, and purpose of the court proceeding and that
23    the victim had a right to be heard at the court proceeding.
24    If the court determines that timely notice was not given or
25    that the victim was not adequately informed of the nature
26    of the court proceeding, the court shall not rule on any

 

 

SB2777 Enrolled- 32 -LRB099 20630 RLC 45213 b

1    substantive issues, accept a plea, or impose a sentence and
2    shall continue the hearing for the time necessary to notify
3    the victim of the time, place and nature of the court
4    proceeding. The time between court proceedings shall not be
5    attributable to the State under Section 103-5 of the Code
6    of Criminal Procedure of 1963.
7        (11) Right to timely disposition of the case. A victim
8    has the right to timely disposition of the case so as to
9    minimize the stress, cost, and inconvenience resulting
10    from the victim's involvement in the case. Before ruling on
11    a motion to continue trial or other court proceeding, the
12    court shall inquire into the circumstances for the request
13    for the delay and, if the victim has provided written
14    notice of the assertion of the right to a timely
15    disposition, and whether the victim objects to the delay.
16    If the victim objects, the prosecutor shall inform the
17    court of the victim's objections. If the prosecutor has not
18    conferred with the victim about the continuance, the
19    prosecutor shall inform the court of the attempts to
20    confer. If the court finds the attempts of the prosecutor
21    to confer with the victim were inadequate to protect the
22    victim's right to be heard, the court shall give the
23    prosecutor at least 3 but not more than 5 business days to
24    confer with the victim. In ruling on a motion to continue,
25    the court shall consider the reasons for the requested
26    continuance, the number and length of continuances that

 

 

SB2777 Enrolled- 33 -LRB099 20630 RLC 45213 b

1    have been granted, the victim's objections and procedures
2    to avoid further delays. If a continuance is granted over
3    the victim's objection, the court shall specify on the
4    record the reasons for the continuance and the procedures
5    that have been or will be taken to avoid further delays.
6        (12) Right to Restitution.
7            (A) If the victim has asserted the right to
8        restitution and the amount of restitution is known at
9        the time of sentencing, the court shall enter the
10        judgment of restitution at the time of sentencing.
11            (B) If the victim has asserted the right to
12        restitution and the amount of restitution is not known
13        at the time of sentencing, the prosecutor shall, within
14        5 days after sentencing, notify the victim what
15        information and documentation related to restitution
16        is needed and that the information and documentation
17        must be provided to the prosecutor within 45 days after
18        sentencing. Failure to timely provide information and
19        documentation related to restitution shall be deemed a
20        waiver of the right to restitution. The prosecutor
21        shall file and serve within 60 days after sentencing a
22        proposed judgment for restitution and a notice that
23        includes information concerning the identity of any
24        victims or other persons seeking restitution, whether
25        any victim or other person expressly declines
26        restitution, the nature and amount of any damages

 

 

SB2777 Enrolled- 34 -LRB099 20630 RLC 45213 b

1        together with any supporting documentation, a
2        restitution amount recommendation, and the names of
3        any co-defendants and their case numbers. Within 30
4        days after receipt of the proposed judgment for
5        restitution, the defendant shall file any objection to
6        the proposed judgment, a statement of grounds for the
7        objection, and a financial statement. If the defendant
8        does not file an objection, the court may enter the
9        judgment for restitution without further proceedings.
10        If the defendant files an objection and either party
11        requests a hearing, the court shall schedule a hearing.
12        (13) Access to presentence reports.
13            (A) The victim may request a copy of the
14        presentence report prepared under the Unified Code of
15        Corrections from the State's Attorney. The State's
16        Attorney shall redact the following information before
17        providing a copy of the report:
18                (i) the defendant's mental history and
19            condition;
20                (ii) any evaluation prepared under subsection
21            (b) or (b-5) of Section 5-3-2; and
22                (iii) the name, address, phone number, and
23            other personal information about any other victim.
24            (B) The State's Attorney or the defendant may
25        request the court redact other information in the
26        report that may endanger the safety of any person.

 

 

SB2777 Enrolled- 35 -LRB099 20630 RLC 45213 b

1            (C) The State's Attorney may orally disclose to the
2        victim any of the information that has been redacted if
3        there is a reasonable likelihood that the information
4        will be stated in court at the sentencing.
5            (D) The State's Attorney must advise the victim
6        that the victim must maintain the confidentiality of
7        the report and other information. Any dissemination of
8        the report or information that was not stated at a
9        court proceeding constitutes indirect criminal
10        contempt of court.
11        (14) Appellate relief. If the trial court denies the
12    relief requested, the victim, the victim's attorney or the
13    prosecuting attorney may file an appeal within 30 days of
14    the trial court's ruling. The trial or appellate court may
15    stay the court proceedings if the court finds that a stay
16    would not violate a constitutional right of the defendant.
17    If the appellate court denies the relief sought, the
18    reasons for the denial shall be clearly stated in a written
19    opinion. In any appeal in a criminal case, the State may
20    assert as error the court's denial of any crime victim's
21    right in the proceeding to which the appeal relates.
22        (15) Limitation on appellate relief. In no case shall
23    an appellate court provide a new trial to remedy the
24    violation of a victim's right.
25    (d)(1) The Prisoner Review Board shall inform a victim or
26any other concerned citizen, upon written request, of the

 

 

SB2777 Enrolled- 36 -LRB099 20630 RLC 45213 b

1prisoner's release on parole, aftercare release, mandatory
2supervised release, electronic detention, work release,
3international transfer or exchange, or by the custodian, other
4than the Department of Juvenile Justice, of the discharge of
5any individual who was adjudicated a delinquent for a crime
6from State custody and by the sheriff of the appropriate county
7of any such person's final discharge from county custody. The
8Prisoner Review Board, upon written request, shall provide to a
9victim or any other concerned citizen a recent photograph of
10any person convicted of a felony, upon his or her release from
11custody. The Prisoner Review Board, upon written request, shall
12inform a victim or any other concerned citizen when feasible at
13least 7 days prior to the prisoner's release on furlough of the
14times and dates of such furlough. Upon written request by the
15victim or any other concerned citizen, the State's Attorney
16shall notify the person once of the times and dates of release
17of a prisoner sentenced to periodic imprisonment. Notification
18shall be based on the most recent information as to victim's or
19other concerned citizen's residence or other location
20available to the notifying authority.
21    (2) When the defendant has been committed to the Department
22of Human Services pursuant to Section 5-2-4 or any other
23provision of the Unified Code of Corrections, the victim may
24request to be notified by the releasing authority of the
25approval by the court of an on-grounds pass, a supervised
26off-grounds pass, an unsupervised off-grounds pass, or

 

 

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1conditional release; the release on an off-grounds pass; the
2return from an off-grounds pass; transfer to another facility;
3conditional release; escape; death; or final discharge from
4State custody. The Department of Human Services shall establish
5and maintain a statewide telephone number to be used by victims
6to make notification requests under these provisions and shall
7publicize this telephone number on its website and to the
8State's Attorney of each county.
9    (3) In the event of an escape from State custody, the
10Department of Corrections or the Department of Juvenile Justice
11immediately shall notify the Prisoner Review Board of the
12escape and the Prisoner Review Board shall notify the victim.
13The notification shall be based upon the most recent
14information as to the victim's residence or other location
15available to the Board. When no such information is available,
16the Board shall make all reasonable efforts to obtain the
17information and make the notification. When the escapee is
18apprehended, the Department of Corrections or the Department of
19Juvenile Justice immediately shall notify the Prisoner Review
20Board and the Board shall notify the victim.
21    (4) The victim of the crime for which the prisoner has been
22sentenced shall receive reasonable written notice not less than
2330 days prior to the parole or aftercare release hearing or
24target aftercare release date and may submit, in writing, on
25film, videotape or other electronic means or in the form of a
26recording prior to the parole hearing or target aftercare

 

 

SB2777 Enrolled- 38 -LRB099 20630 RLC 45213 b

1release date or in person at the parole hearing or aftercare
2release protest hearing or if a victim of a violent crime, by
3calling the toll-free number established in subsection (f) of
4this Section, information for consideration by the Prisoner
5Review Board or Department of Juvenile Justice. The victim
6shall be notified within 7 days after the prisoner has been
7granted parole or aftercare release and shall be informed of
8the right to inspect the registry of parole or aftercare
9release decisions, established under subsection (g) of Section
103-3-5 of the Unified Code of Corrections. The provisions of
11this paragraph (4) are subject to the Open Parole Hearings Act.
12    (5) If a statement is presented under Section 6, the
13Prisoner Review Board or Department of Juvenile Justice shall
14inform the victim of any order of discharge entered by the
15Board pursuant to Section 3-2.5-85 or 3-3-8 of the Unified Code
16of Corrections.
17    (6) At the written or oral request of the victim of the
18crime for which the prisoner was sentenced or the State's
19Attorney of the county where the person seeking parole or
20aftercare release was prosecuted, the Prisoner Review Board or
21Department of Juvenile Justice shall notify the victim and the
22State's Attorney of the county where the person seeking parole
23or aftercare release was prosecuted of the death of the
24prisoner if the prisoner died while on parole or aftercare
25release or mandatory supervised release.
26    (7) When a defendant who has been committed to the

 

 

SB2777 Enrolled- 39 -LRB099 20630 RLC 45213 b

1Department of Corrections, the Department of Juvenile Justice,
2or the Department of Human Services is released or discharged
3and subsequently committed to the Department of Human Services
4as a sexually violent person and the victim had requested to be
5notified by the releasing authority of the defendant's
6discharge, conditional release, death, or escape from State
7custody, the releasing authority shall provide to the
8Department of Human Services such information that would allow
9the Department of Human Services to contact the victim.
10    (8) When a defendant has been convicted of a sex offense as
11defined in Section 2 of the Sex Offender Registration Act and
12has been sentenced to the Department of Corrections or the
13Department of Juvenile Justice, the Prisoner Review Board or
14the Department of Juvenile Justice shall notify the victim of
15the sex offense of the prisoner's eligibility for release on
16parole, aftercare release, mandatory supervised release,
17electronic detention, work release, international transfer or
18exchange, or by the custodian of the discharge of any
19individual who was adjudicated a delinquent for a sex offense
20from State custody and by the sheriff of the appropriate county
21of any such person's final discharge from county custody. The
22notification shall be made to the victim at least 30 days,
23whenever possible, before release of the sex offender.
24    (e) The officials named in this Section may satisfy some or
25all of their obligations to provide notices and other
26information through participation in a statewide victim and

 

 

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1witness notification system established by the Attorney
2General under Section 8.5 of this Act.
3    (f) To permit a crime victim of a violent crime to provide
4information to the Prisoner Review Board or the Department of
5Juvenile Justice for consideration by the Board or Department
6at a parole hearing or before an aftercare release decision
7hearing of a person who committed the crime against the victim
8in accordance with clause (d)(4) of this Section or at a
9proceeding to determine the conditions of mandatory supervised
10release of a person sentenced to a determinate sentence or at a
11hearing on revocation of mandatory supervised release of a
12person sentenced to a determinate sentence, the Board shall
13establish a toll-free number that may be accessed by the victim
14of a violent crime to present that information to the Board.
15(Source: P.A. 98-372, eff. 1-1-14; 98-558, eff. 1-1-14; 98-756,
16eff. 7-16-14; 99-413, eff. 8-20-15.)
 
17    (725 ILCS 120/5)  (from Ch. 38, par. 1405)
18    Sec. 5. Rights of Witnesses.
19    (a) Witnesses as defined in subsection (b) of Section 3 of
20this Act shall have the following rights:
21        (1) to be notified by the Office of the State's
22    Attorney of all court proceedings at which the witness'
23    presence is required in a reasonable amount of time prior
24    to the proceeding, and to be notified of the cancellation
25    of any scheduled court proceeding in sufficient time to

 

 

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1    prevent an unnecessary appearance in court, where
2    possible;
3        (2) to be provided with appropriate employer
4    intercession services by the Office of the State's Attorney
5    or the victim advocate personnel to ensure that employers
6    of witnesses will cooperate with the criminal justice
7    system in order to minimize an employee's loss of pay and
8    other benefits resulting from court appearances;
9        (3) to be provided, whenever possible, a secure waiting
10    area during court proceedings that does not require
11    witnesses to be in close proximity to defendants and their
12    families and friends;
13        (4) to be provided with notice by the Office of the
14    State's Attorney, where necessary, of the right to have a
15    translator present whenever the witness' presence is
16    required and, in compliance with the federal Americans with
17    Disabilities Act of 1990, to be provided with notice of the
18    right to communications access through a sign language
19    interpreter or by other means.
20    (b) At the written request of the witness, the witness
21shall:
22        (1) receive notice from the office of the State's
23    Attorney of any request for post-conviction review filed by
24    the defendant under Article 122 of the Code of Criminal
25    Procedure of 1963, and of the date, time, and place of any
26    hearing concerning the petition for post-conviction

 

 

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1    review; whenever possible, notice of the hearing on the
2    petition shall be given in advance;
3        (2) receive notice by the releasing authority of the
4    defendant's discharge from State custody if the defendant
5    was committed to the Department of Human Services under
6    Section 5-2-4 or any other provision of the Unified Code of
7    Corrections;
8        (3) receive notice from the Prisoner Review Board of
9    the prisoner's escape from State custody, after the Board
10    has been notified of the escape by the Department of
11    Corrections or the Department of Juvenile Justice; when the
12    escapee is apprehended, the Department of Corrections or
13    the Department of Juvenile Justice shall immediately
14    notify the Prisoner Review Board and the Board shall notify
15    the witness;
16        (4) receive notice from the Prisoner Review Board or
17    the Department of Juvenile Justice of the prisoner's
18    release on parole, aftercare release, electronic
19    detention, work release or mandatory supervised release
20    and of the prisoner's final discharge from parole,
21    aftercare release, electronic detention, work release, or
22    mandatory supervised release.
23(Source: P.A. 98-558, eff. 1-1-14.)
 
24    Section 25. The Sexually Violent Persons Commitment Act is
25amended by changing Section 15 as follows:
 

 

 

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1    (725 ILCS 207/15)
2    Sec. 15. Sexually violent person petition; contents;
3filing.
4    (a) A petition alleging that a person is a sexually violent
5person must be filed before the release or discharge of the
6person or within 30 days of placement onto parole, aftercare
7release, or mandatory supervised release for an offense
8enumerated in paragraph (e) of Section 5 of this Act. A
9petition may be filed by the following:
10        (1) The Attorney General on his or her own motion,
11    after consulting with and advising the State's Attorney of
12    the county in which the person was convicted of a sexually
13    violent offense, adjudicated delinquent for a sexually
14    violent offense or found not guilty of or not responsible
15    for a sexually violent offense by reason of insanity,
16    mental disease, or mental defect; or
17        (2) The State's Attorney of the county referenced in
18    paragraph (1)(a)(1) of this Section, on his or her own
19    motion; or
20        (3) The Attorney General and the State's Attorney of
21    the county referenced in paragraph (1)(a)(1) of this
22    Section may jointly file a petition on their own motion; or
23        (4) A petition may be filed at the request of the
24    agency with jurisdiction over the person, as defined in
25    subsection (a) of Section 10 of this Act, by:

 

 

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1            (a) the Attorney General;
2            (b) the State's Attorney of the county referenced
3        in paragraph (1)(a)(1) of this Section; or
4            (c) the Attorney General and the State's Attorney
5        jointly.
6    (b) A petition filed under this Section shall allege that
7all of the following apply to the person alleged to be a
8sexually violent person:
9        (1) The person satisfies any of the following criteria:
10            (A) The person has been convicted of a sexually
11        violent offense;
12            (B) The person has been found delinquent for a
13        sexually violent offense; or
14            (C) The person has been found not guilty of a
15        sexually violent offense by reason of insanity, mental
16        disease, or mental defect.
17        (2) (Blank).
18        (3) (Blank).
19        (4) The person has a mental disorder.
20        (5) The person is dangerous to others because the
21    person's mental disorder creates a substantial probability
22    that he or she will engage in acts of sexual violence.
23    (b-5) The petition must be filed no more than 90 days
24before discharge or entry into mandatory supervised release
25from a Department of Corrections or aftercare release from the
26Department of Juvenile Justice correctional facility for a

 

 

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1sentence that was imposed upon a conviction for a sexually
2violent offense. For inmates sentenced under the law in effect
3prior to February 1, 1978, the petition shall be filed no more
4than 90 days after the Prisoner Review Board's order granting
5parole pursuant to Section 3-3-5 of the Unified Code of
6Corrections.
7    (b-6) The petition must be filed no more than 90 days
8before discharge or release:
9        (1) from a Department of Juvenile Justice juvenile
10    correctional facility if the person was placed in the
11    facility for being adjudicated delinquent under Section
12    5-20 of the Juvenile Court Act of 1987 or found guilty
13    under Section 5-620 of that Act on the basis of a sexually
14    violent offense; or
15        (2) from a commitment order that was entered as a
16    result of a sexually violent offense.
17    (b-7) A person convicted of a sexually violent offense
18remains eligible for commitment as a sexually violent person
19pursuant to this Act under the following circumstances: (1) the
20person is in custody for a sentence that is being served
21concurrently or consecutively with a sexually violent offense;
22(2) the person returns to the custody of the Illinois
23Department of Corrections or the Department of Juvenile Justice
24for any reason during the term of parole, aftercare release, or
25mandatory supervised release being served for a sexually
26violent offense; or (3) the person is convicted or adjudicated

 

 

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1delinquent for any offense committed during the term of parole,
2aftercare release, or mandatory supervised release being
3served for a sexually violent offense, regardless of whether
4that conviction or adjudication was for a sexually violent
5offense.
6    (c) A petition filed under this Section shall state with
7particularity essential facts to establish probable cause to
8believe the person is a sexually violent person. If the
9petition alleges that a sexually violent offense or act that is
10a basis for the allegation under paragraph (b)(1) of this
11Section was an act that was sexually motivated as provided
12under paragraph (e)(2) of Section 5 of this Act, the petition
13shall state the grounds on which the offense or act is alleged
14to be sexually motivated.
15    (d) A petition under this Section shall be filed in either
16of the following:
17        (1) The circuit court for the county in which the
18    person was convicted of a sexually violent offense,
19    adjudicated delinquent for a sexually violent offense or
20    found not guilty of a sexually violent offense by reason of
21    insanity, mental disease or mental defect.
22        (2) The circuit court for the county in which the
23    person is in custody under a sentence, a placement to a
24    Department of Corrections correctional facility or a
25    Department of Juvenile Justice juvenile correctional
26    facility, or a commitment order.

 

 

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1    (e) The filing of a petition under this Act shall toll the
2running of the term of parole or mandatory supervised release
3until:
4        (1) dismissal of the petition filed under this Act;
5        (2) a finding by a judge or jury that the respondent is
6    not a sexually violent person; or
7        (3) the sexually violent person is discharged under
8    Section 65 of this Act.
9    (f) The State has the right to have the person evaluated by
10experts chosen by the State. The agency with jurisdiction as
11defined in Section 10 of this Act shall allow the expert
12reasonable access to the person for purposes of examination, to
13the person's records, and to past and present treatment
14providers and any other staff members relevant to the
15examination.
16(Source: P.A. 98-558, eff. 1-1-14.)
 
17    Section 30. The Unified Code of Corrections is amended by
18changing Sections 3-2-3.1, 3-2-5, 3-2.5-20, 3-2.5-70,
193-2.5-80, 3-3-1, 3-3-2, 3-3-3, 3-3-4, 3-3-5, 3-3-7, 3-3-8,
203-3-9, 3-3-10, 3-10-7, 5-8-6, 5-8A-3, and 5-8A-7 and by adding
21Sections 3-2.5-85, 3-2.5-90, 3-2.5-95, 3-2.5-100, and 3-3-9.5
22as follows:
 
23    (730 ILCS 5/3-2-3.1)  (from Ch. 38, par. 1003-2-3.1)
24    Sec. 3-2-3.1. Treaties. If a treaty in effect between the

 

 

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1United States and a foreign country provides for the transfer
2or exchange of convicted offenders to the country of which they
3are citizens or nationals, the Governor may, on behalf of the
4State and subject to the terms of the treaty, authorize the
5Director of Corrections or the Director of Juvenile Justice to
6consent to the transfer or exchange of offenders and take any
7other action necessary to initiate the participation of this
8State in the treaty. Before any transfer or exchange may occur,
9the Director of Corrections shall notify in writing the
10Prisoner Review Board and the Office of the State's Attorney
11which obtained the defendant's conviction, or the Director of
12Juvenile Justice shall notify in writing the Office of the
13State's Attorney which obtained the youth's conviction.
14(Source: P.A. 95-317, eff. 8-21-07.)
 
15    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)
16    Sec. 3-2-5. Organization of the Department of Corrections
17and the Department of Juvenile Justice.
18    (a) There shall be a Department of Corrections which shall
19be administered by a Director and an Assistant Director
20appointed by the Governor under the Civil Administrative Code
21of Illinois. The Assistant Director shall be under the
22direction of the Director. The Department of Corrections shall
23be responsible for all persons committed or transferred to the
24Department under Sections 3-10-7 or 5-8-6 of this Code.
25    (b) There shall be a Department of Juvenile Justice which

 

 

SB2777 Enrolled- 49 -LRB099 20630 RLC 45213 b

1shall be administered by a Director appointed by the Governor
2under the Civil Administrative Code of Illinois. The Department
3of Juvenile Justice shall be responsible for all persons under
418 17 years of age when sentenced to imprisonment and committed
5to the Department under subsection (c) of Section 5-8-6 of this
6Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
7of the Juvenile Court Act of 1987. Persons under 18 17 years of
8age committed to the Department of Juvenile Justice pursuant to
9this Code shall be sight and sound separate from adult
10offenders committed to the Department of Corrections.
11    (c) The Department shall create a gang intelligence unit
12under the supervision of the Director. The unit shall be
13specifically designed to gather information regarding the
14inmate gang population, monitor the activities of gangs, and
15prevent the furtherance of gang activities through the
16development and implementation of policies aimed at deterring
17gang activity. The Director shall appoint a Corrections
18Intelligence Coordinator.
19    All information collected and maintained by the unit shall
20be highly confidential, and access to that information shall be
21restricted by the Department. The information shall be used to
22control and limit the activities of gangs within correctional
23institutions under the jurisdiction of the Illinois Department
24of Corrections and may be shared with other law enforcement
25agencies in order to curb gang activities outside of
26correctional institutions under the jurisdiction of the

 

 

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1Department and to assist in the investigations and prosecutions
2of gang activity. The Department shall establish and promulgate
3rules governing the release of information to outside law
4enforcement agencies. Due to the highly sensitive nature of the
5information, the information is exempt from requests for
6disclosure under the Freedom of Information Act as the
7information contained is highly confidential and may be harmful
8if disclosed.
9(Source: P.A. 97-800, eff. 7-13-12; 97-1083, eff. 8-24-12;
1098-463, eff. 8-16-13.)
 
11    (730 ILCS 5/3-2.5-20)
12    Sec. 3-2.5-20. General powers and duties.
13    (a) In addition to the powers, duties, and responsibilities
14which are otherwise provided by law or transferred to the
15Department as a result of this Article, the Department, as
16determined by the Director, shall have, but are not limited to,
17the following rights, powers, functions and duties:
18        (1) To accept juveniles committed to it by the courts
19    of this State for care, custody, treatment, and
20    rehabilitation.
21        (2) To maintain and administer all State juvenile
22    correctional institutions previously under the control of
23    the Juvenile and Women's & Children Divisions of the
24    Department of Corrections, and to establish and maintain
25    institutions as needed to meet the needs of the youth

 

 

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1    committed to its care.
2        (3) To identify the need for and recommend the funding
3    and implementation of an appropriate mix of programs and
4    services within the juvenile justice continuum, including
5    but not limited to prevention, nonresidential and
6    residential commitment programs, day treatment, and
7    conditional release programs and services, with the
8    support of educational, vocational, alcohol, drug abuse,
9    and mental health services where appropriate.
10        (3.5) To assist youth committed to the Department of
11    Juvenile Justice under the Juvenile Court Act of 1987 with
12    successful reintegration into society, the Department
13    shall retain custody and control of all adjudicated
14    delinquent juveniles released under Section 3-2.5-85 or
15    3-3-10 of this Code, shall provide a continuum of
16    post-release treatment and services to those youth, and
17    shall supervise those youth during their release period in
18    accordance with the conditions set by the Department or the
19    Prisoner Review Board.
20        (4) To establish and provide transitional and
21    post-release treatment programs for juveniles committed to
22    the Department. Services shall include but are not limited
23    to:
24            (i) family and individual counseling and treatment
25        placement;
26            (ii) referral services to any other State or local

 

 

SB2777 Enrolled- 52 -LRB099 20630 RLC 45213 b

1        agencies;
2            (iii) mental health services;
3            (iv) educational services;
4            (v) family counseling services; and
5            (vi) substance abuse services.
6        (5) To access vital records of juveniles for the
7    purposes of providing necessary documentation for
8    transitional services such as obtaining identification,
9    educational enrollment, employment, and housing.
10        (6) To develop staffing and workload standards and
11    coordinate staff development and training appropriate for
12    juvenile populations.
13        (7) To develop, with the approval of the Office of the
14    Governor and the Governor's Office of Management and
15    Budget, annual budget requests.
16        (8) To administer the Interstate Compact for
17    Juveniles, with respect to all juveniles under its
18    jurisdiction, and to cooperate with the Department of Human
19    Services with regard to all non-offender juveniles subject
20    to the Interstate Compact for Juveniles.
21        (9) To decide the date of release on aftercare for
22    youth committed to the Department under Section 5-750 of
23    the Juvenile Court Act of 1987.
24        (10) To set conditions of aftercare release for all
25    youth committed to the Department under the Juvenile Court
26    Act of 1987.

 

 

SB2777 Enrolled- 53 -LRB099 20630 RLC 45213 b

1    (b) The Department may employ personnel in accordance with
2the Personnel Code and Section 3-2.5-15 of this Code, provide
3facilities, contract for goods and services, and adopt rules as
4necessary to carry out its functions and purposes, all in
5accordance with applicable State and federal law.
6    (c) On and after the date 6 months after August 16, 2013
7(the effective date of Public Act 98-488), as provided in the
8Executive Order 1 (2012) Implementation Act, all of the powers,
9duties, rights, and responsibilities related to State
10healthcare purchasing under this Code that were transferred
11from the Department of Corrections to the Department of
12Healthcare and Family Services by Executive Order 3 (2005) are
13transferred back to the Department of Corrections; however,
14powers, duties, rights, and responsibilities related to State
15healthcare purchasing under this Code that were exercised by
16the Department of Corrections before the effective date of
17Executive Order 3 (2005) but that pertain to individuals
18resident in facilities operated by the Department of Juvenile
19Justice are transferred to the Department of Juvenile Justice.
20(Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14;
2198-756, eff. 7-16-14.)
 
22    (730 ILCS 5/3-2.5-70)
23    Sec. 3-2.5-70. Aftercare.
24    (a) The Department shall implement an aftercare program
25that includes, at a minimum, the following program elements:

 

 

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1        (1) A process for developing and implementing a case
2    management plan for timely and successful reentry into the
3    community beginning upon commitment.
4        (2) A process for reviewing committed youth for
5    recommendation for aftercare release.
6        (3) Supervision in accordance with the conditions set
7    by the Department or Prisoner Review Board and referral to
8    and facilitation of community-based services including
9    education, social and mental health services, substance
10    abuse treatment, employment and vocational training,
11    individual and family counseling, financial counseling,
12    and other services as appropriate; and assistance in
13    locating appropriate residential placement and obtaining
14    suitable employment. The Department may purchase necessary
15    services for a releasee if they are otherwise unavailable
16    and the releasee is unable to pay for the services. It may
17    assess all or part of the costs of these services to a
18    releasee in accordance with his or her ability to pay for
19    the services.
20        (4) Standards for sanctioning violations of conditions
21    of aftercare release that ensure that juvenile offenders
22    face uniform and consistent consequences that hold them
23    accountable taking into account aggravating and mitigating
24    factors and prioritizing public safety.
25        (5) A process for reviewing youth on aftercare release
26    for discharge.

 

 

SB2777 Enrolled- 55 -LRB099 20630 RLC 45213 b

1    (b) The Department of Juvenile Justice shall have the
2following rights, powers, functions, and duties:
3        (1) To investigate alleged violations of an aftercare
4    releasee's conditions of release; and for this purpose it
5    may issue subpoenas and compel the attendance of witnesses
6    and the production of documents only if there is reason to
7    believe that the procedures would provide evidence that the
8    violations have occurred. If any person fails to obey a
9    subpoena issued under this subsection, the Director may
10    apply to any circuit court to secure compliance with the
11    subpoena. The failure to comply with the order of the court
12    issued in response thereto shall be punishable as contempt
13    of court.
14        (2) To issue a violation warrant for the apprehension
15    of an aftercare releasee for violations of the conditions
16    of aftercare release. Aftercare specialists and
17    supervisors have the full power of peace officers in the
18    retaking of any youth alleged to have violated the
19    conditions of aftercare release.
20    (c) The Department of Juvenile Justice shall designate
21aftercare specialists qualified in juvenile matters to perform
22case management and post-release programming functions under
23this Section.
24(Source: P.A. 98-558, eff. 1-1-14.)
 
25    (730 ILCS 5/3-2.5-80)

 

 

SB2777 Enrolled- 56 -LRB099 20630 RLC 45213 b

1    Sec. 3-2.5-80. Supervision on Aftercare Release.
2    (a) The Department shall retain custody of all youth placed
3on aftercare release or released under Section 3-2.5-85 or
43-3-10 of this Code. The Department shall supervise those youth
5during their aftercare release period in accordance with the
6conditions set by the Department or Prisoner Review Board.
7    (b) A copy of youth's conditions of aftercare release shall
8be signed by the youth and given to the youth and to his or her
9aftercare specialist who shall report on the youth's progress
10under the rules of the Department Prisoner Review Board.
11Aftercare specialists and supervisors shall have the full power
12of peace officers in the retaking of any releasee who has
13allegedly violated his or her aftercare release conditions. The
14aftercare specialist may request the Department of Juvenile
15Justice to issue a warrant for the arrest of any releasee who
16has allegedly violated his or her aftercare release conditions.
17    (c) The aftercare supervisor shall request the Department
18of Juvenile Justice to issue an aftercare release violation
19warrant, and the Department of Juvenile Justice shall issue an
20aftercare release violation warrant, under the following
21circumstances:
22        (1) if the releasee has a subsequent delinquency
23    petition filed against him or her alleging commission of an
24    act that constitutes a felony using a firearm or knife;
25        (2) if the releasee is required to and fails to comply
26    with the requirements of the Sex Offender Registration Act;

 

 

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1        (3) (blank); or
2        (4) if the releasee is on aftercare release for a
3    murder, a Class X felony or a Class 1 felony violation of
4    the Criminal Code of 2012, or any felony that requires
5    registration as a sex offender under the Sex Offender
6    Registration Act and a subsequent delinquency petition is
7    filed against him or her alleging commission of an act that
8    constitutes first degree murder, a Class X felony, a Class
9    1 felony, a Class 2 felony, or a Class 3 felony.
10    Personnel designated by the Department of Juvenile Justice
11or another peace officer may detain an alleged aftercare
12release violator until a warrant for his or her return to the
13Department of Juvenile Justice can be issued. The releasee may
14be delivered to any secure place until he or she can be
15transported to the Department of Juvenile Justice. The
16aftercare specialist or the Department of Juvenile Justice
17shall file a violation report with notice of charges with the
18Department Prisoner Review Board.
19    (d) The aftercare specialist shall regularly advise and
20consult with the releasee and assist the youth in adjusting to
21community life in accord with this Section.
22    (e) If the aftercare releasee has been convicted of a sex
23offense as defined in the Sex Offender Management Board Act,
24the aftercare specialist shall periodically, but not less than
25once a month, verify that the releasee is in compliance with
26paragraph (7.6) of subsection (a) of Section 3-3-7.

 

 

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1    (f) The aftercare specialist shall keep those records as
2the Prisoner Review Board or Department may require. All
3records shall be entered in the master file of the youth.
4(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
 
5    (730 ILCS 5/3-2.5-85 new)
6    Sec. 3-2.5-85. Eligibility for release; determination.
7    (a) Every youth committed to the Department of Juvenile
8Justice under Section 5-750 of the Juvenile Court Act of 1987,
9except those committed for first degree murder, shall be:
10        (1) Eligible for aftercare release without regard to
11    the length of time the youth has been confined or whether
12    the youth has served any minimum term imposed.
13        (2) Placed on aftercare release on or before his or her
14    20th birthday or upon completion of the maximum term of
15    confinement ordered by the court under Section 5-710 of the
16    Juvenile Court Act of 1987, whichever is sooner.
17        (3) Considered for aftercare release at least 30 days
18    prior to the expiration of the first year of confinement
19    and at least annually thereafter.
20    (b) This Section does not apply to the initial release of
21youth committed to the Department under Section 5-815 or 5-820
22of the Juvenile Court Act of 1987. Those youth shall be
23released by the Department upon completion of the determinate
24sentence established under this Code. Subsections (d) through
25(l) of this Section do not apply when a youth is released under

 

 

SB2777 Enrolled- 59 -LRB099 20630 RLC 45213 b

1paragraph (2) of subsection (a) of this Section or the youth's
2release is otherwise required by law or ordered by the court.
3Youth who have been tried as an adult and committed to the
4Department under Section 5-8-6 of this Code are only eligible
5for mandatory supervised release as an adult under Section
63-3-3 of this Code.
7    (c) The Department shall establish a process for deciding
8the date of release on aftercare for every youth committed to
9the Department of Juvenile Justice under Section 5-750 of the
10Juvenile Court Act of 1987. The process shall include
11establishing a target release date upon commitment to the
12Department, the regular review and appropriate adjustment of
13the target release date, and the final release consideration at
14least 30 days prior to the youth's target release date. The
15establishment, adjustment, and final consideration of the
16target release date shall include consideration of the
17following factors:
18        (1) the nature and seriousness of the youth's offense;
19        (2) the likelihood the youth will reoffend or will pose
20    a danger to the community based on an assessment of the
21    youth's risks, strengths, and behavior; and
22        (3) the youth's progress since being committed to the
23    Department.
24    The target release date for youth committed to the
25Department for first degree murder shall not precede the
26minimum period of confinement provided in Section 5-750 of the

 

 

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1Juvenile Court Act of 1987. These youth shall be considered for
2release upon completion of their minimum term of confinement
3and at least annually thereafter.
4    (d) If the youth being considered for aftercare release has
5a petition or any written submissions prepared on his or her
6behalf by an attorney or other representative, the attorney or
7representative for the youth must serve by certified mail the
8State's Attorney of the county where the youth was prosecuted
9with the petition or any written submissions 15 days prior to
10the youth's target release date.
11    (e) In making its determination of aftercare release, the
12Department shall consider:
13        (1) material transmitted to the Department by the clerk
14    of the committing court under Section 5-750 of the Juvenile
15    Court Act of 1987;
16        (2) the report under Section 3-10-2;
17        (3) a report by the Department and any report by the
18    chief administrative officer of the institution or
19    facility;
20        (4) an aftercare release progress report;
21        (5) a medical and psychological report, if available;
22        (6) material in writing, or on film, video tape or
23    other electronic means in the form of a recording submitted
24    by the youth whose aftercare release is being considered;
25        (7) material in writing, or on film, video tape or
26    other electronic means in the form of a recording or

 

 

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1    testimony submitted by the State's Attorney and the victim
2    or a concerned citizen under the Rights of Crime Victims
3    and Witnesses Act; and
4        (8) the youth's eligibility for commitment under the
5    Sexually Violent Persons Commitment Act.
6    (f) The prosecuting State's Attorney's office shall
7receive from the Department reasonable written notice not less
8than 30 days prior to the target release date and may submit
9relevant information by oral argument or testimony of victims
10and concerned citizens, or both, in writing, or on film, video
11tape or other electronic means or in the form of a recording to
12the Department for its consideration. The State's Attorney may
13waive the written notice of the target release date at any
14time. Upon written request of the State's Attorney's office,
15provided the request is received within 15 days of receipt of
16the written notice of the target release date, the Department
17shall hear protests to aftercare release. If a State's Attorney
18requests a protest hearing, the committed youth's attorney or
19other representative shall also receive notice of the request
20and a copy of any information submitted by the State's
21Attorney. This hearing shall take place prior to the youth's
22aftercare release. The Department shall schedule the protest
23hearing date, providing at least 15 days' notice to the State's
24Attorney. If the protest hearing is rescheduled, the Department
25shall promptly notify the State's Attorney of the new date.
26    (g) The victim of the violent crime for which the youth has

 

 

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1been sentenced shall receive notice of the target release date
2as provided in paragraph (4) of subsection (d) of Section 4.5
3of the Rights of Crime Victims and Witnesses Act.
4    (h) The Department shall not release any material to the
5youth, the youth's attorney, any third party, or any other
6person containing any information from the victim or from a
7person related to the victim by blood, adoption, or marriage
8who has written objections, testified at any hearing, or
9submitted audio or visual objections to the youth's aftercare
10release, unless provided with a waiver from that objecting
11party. The Department shall not release the names or addresses
12of any person on its victim registry to any other person except
13the victim, a law enforcement agency, or other victim
14notification system.
15    (i) Any recording considered under the provisions of
16paragraph (6) or (7) of subsection (e) or subsection (f) of
17this Section shall be in the form designated by the Department.
18The recording shall be both visual and aural. Every voice on
19the recording and person present shall be identified and the
20recording shall contain either a visual or aural statement of
21the person submitting the recording, the date of the recording,
22and the name of the youth whose aftercare release is being
23considered. The recordings shall be retained by the Department
24and shall be considered during any subsequent aftercare release
25decision if the victim or State's Attorney submits in writing a
26declaration clearly identifying the recording as representing

 

 

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1the position of the victim or State's Attorney regarding the
2release of the youth.
3    (j) The Department shall not release a youth eligible for
4aftercare release if it determines that:
5        (1) there is a substantial risk that he or she will not
6    conform to reasonable conditions of aftercare release;
7        (2) his or her release at that time would deprecate the
8    seriousness of his or her offense or promote disrespect for
9    the law; or
10        (3) his or her release would have a substantially
11    adverse effect on institutional discipline.
12    (k) The Department shall render its release decision and
13shall state the basis therefor both in the records of the
14Department and in written notice to the youth who was
15considered for aftercare release. In its decision, the
16Department shall set the youth's time for aftercare release, or
17if it denies aftercare release it shall provide for
18reconsideration of aftercare release not less frequently than
19once each year.
20    (l) The Department shall ensure all evaluations and
21proceedings under the Sexually Violent Persons Commitment Act
22are completed prior to any youth's release, when applicable.
23    (m) Any youth whose aftercare release has been revoked by
24the Prisoner Review Board under Section 3-3-9.5 of this Code
25may be rereleased to the full aftercare release term by the
26Department at any time in accordance with this Section. Youth

 

 

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1rereleased under this subsection shall be subject to Sections
23-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5
3of this Code.
4    (n) The Department shall adopt rules regarding the exercise
5of its discretion under this Section.
 
6    (730 ILCS 5/3-2.5-90 new)
7    Sec. 3-2.5-90. Release to warrant or detainer.
8    (a) If a warrant or detainer is placed against a youth by
9the court or other authority of this or any other jurisdiction,
10the Department of Juvenile Justice shall inquire before the
11youth is considered for aftercare release whether the authority
12concerned intends to execute or withdraw the process if the
13youth is released.
14    (b) If the authority notifies the Department that it
15intends to execute the process when the youth is released, the
16Department shall advise the authority concerned of the sentence
17or disposition under which the youth is held, the time of
18eligibility for release, any decision of the Department
19relating to the youth and the nature of his or her adjustment
20during confinement, and shall give reasonable notice to the
21authority of the youth's release date.
22    (c) The Department may release a youth to a warrant or
23detainer. The Department may provide, as a condition of
24aftercare release, that if the charge or charges on which the
25warrant or detainer is based are dismissed or satisfied, prior

 

 

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1to the expiration of the youth's aftercare release term, the
2authority to whose warrant or detainer he or she was released
3shall return him or her to serve the remainder of his or her
4aftercare release term.
5    (d) If a youth released to a warrant or detainer is
6thereafter sentenced to probation, or released on parole in
7another jurisdiction prior to the expiration of his or her
8aftercare release term in this State, the Department may permit
9the youth to serve the remainder of his or her term in either
10of the jurisdictions.
 
11    (730 ILCS 5/3-2.5-95 new)
12    Sec. 3-2.5-95. Conditions of aftercare release.
13    (a) The conditions of aftercare release for all youth
14committed to the Department under the Juvenile Court Act of
151987 shall be such as the Department of Juvenile Justice deems
16necessary to assist the youth in leading a law-abiding life.
17The conditions of every aftercare release are that the youth:
18        (1) not violate any criminal statute of any
19    jurisdiction during the aftercare release term;
20        (2) refrain from possessing a firearm or other
21    dangerous weapon;
22        (3) report to an agent of the Department;
23        (4) permit the agent or aftercare specialist to visit
24    the youth at his or her home, employment, or elsewhere to
25    the extent necessary for the agent or aftercare specialist

 

 

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1    to discharge his or her duties;
2        (5) reside at a Department-approved host site;
3        (6) secure permission before visiting or writing a
4    committed person in an Illinois Department of Corrections
5    or Illinois Department of Juvenile Justice facility;
6        (7) report all arrests to an agent of the Department as
7    soon as permitted by the arresting authority but in no
8    event later than 24 hours after release from custody and
9    immediately report service or notification of an order of
10    protection, a civil no contact order, or a stalking no
11    contact order to an agent of the Department;
12        (8) obtain permission of an agent of the Department
13    before leaving the State of Illinois;
14        (9) obtain permission of an agent of the Department
15    before changing his or her residence or employment;
16        (10) consent to a search of his or her person,
17    property, or residence under his or her control;
18        (11) refrain from the use or possession of narcotics or
19    other controlled substances in any form, or both, or any
20    paraphernalia related to those substances and submit to a
21    urinalysis test as instructed by an agent of the
22    Department;
23        (12) not frequent places where controlled substances
24    are illegally sold, used, distributed, or administered;
25        (13) not knowingly associate with other persons on
26    parole, aftercare release, or mandatory supervised release

 

 

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1    without prior written permission of his or her aftercare
2    specialist and not associate with persons who are members
3    of an organized gang as that term is defined in the
4    Illinois Streetgang Terrorism Omnibus Prevention Act;
5        (14) provide true and accurate information, as it
6    relates to his or her adjustment in the community while on
7    aftercare release or to his or her conduct while
8    incarcerated, in response to inquiries by an agent of the
9    Department;
10        (15) follow any specific instructions provided by the
11    agent that are consistent with furthering conditions set
12    and approved by the Department or by law to achieve the
13    goals and objectives of his or her aftercare release or to
14    protect the public; these instructions by the agent may be
15    modified at any time, as the agent deems appropriate;
16        (16) comply with the terms and conditions of an order
17    of protection issued under the Illinois Domestic Violence
18    Act of 1986; an order of protection issued by the court of
19    another state, tribe, or United States territory; a no
20    contact order issued under the Civil No Contact Order Act;
21    or a no contact order issued under the Stalking No Contact
22    Order Act;
23        (17) if convicted of a sex offense as defined in the
24    Sex Offender Management Board Act, and a sex offender
25    treatment provider has evaluated and recommended further
26    sex offender treatment while on aftercare release, the

 

 

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1    youth shall undergo treatment by a sex offender treatment
2    provider or associate sex offender provider as defined in
3    the Sex Offender Management Board Act at his or her expense
4    based on his or her ability to pay for the treatment;
5        (18) if convicted of a sex offense as defined in the
6    Sex Offender Management Board Act, refrain from residing at
7    the same address or in the same condominium unit or
8    apartment unit or in the same condominium complex or
9    apartment complex with another person he or she knows or
10    reasonably should know is a convicted sex offender or has
11    been placed on supervision for a sex offense; the
12    provisions of this paragraph do not apply to a person
13    convicted of a sex offense who is placed in a Department of
14    Corrections licensed transitional housing facility for sex
15    offenders, or is in any facility operated or licensed by
16    the Department of Children and Family Services or by the
17    Department of Human Services, or is in any licensed medical
18    facility;
19        (19) if convicted for an offense that would qualify the
20    offender as a sexual predator under the Sex Offender
21    Registration Act wear an approved electronic monitoring
22    device as defined in Section 5-8A-2 for the duration of the
23    youth's aftercare release term and if convicted for an
24    offense of criminal sexual assault, aggravated criminal
25    sexual assault, predatory criminal sexual assault of a
26    child, criminal sexual abuse, aggravated criminal sexual

 

 

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1    abuse, or ritualized abuse of a child when the victim was
2    under 18 years of age at the time of the commission of the
3    offense and the offender used force or the threat of force
4    in the commission of the offense wear an approved
5    electronic monitoring device as defined in Section 5-8A-2
6    that has Global Positioning System (GPS) capability for the
7    duration of the youth's aftercare release term;
8        (20) if convicted for an offense that would qualify the
9    offender as a child sex offender as defined in Section
10    11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
11    Criminal Code of 2012, refrain from communicating with or
12    contacting, by means of the Internet, a person who is not
13    related to the offender and whom the offender reasonably
14    believes to be under 18 years of age; for purposes of this
15    paragraph (20), "Internet" has the meaning ascribed to it
16    in Section 16-0.1 of the Criminal Code of 2012; and a
17    person is not related to the offender if the person is not:
18    (A) the spouse, brother, or sister of the offender; (B) a
19    descendant of the offender; (C) a first or second cousin of
20    the offender; or (D) a step-child or adopted child of the
21    offender;
22        (21) if convicted under Section 11-6, 11-20.1,
23    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
24    the Criminal Code of 2012, consent to search of computers,
25    PDAs, cellular phones, and other devices under his or her
26    control that are capable of accessing the Internet or

 

 

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1    storing electronic files, in order to confirm Internet
2    protocol addresses reported in accordance with the Sex
3    Offender Registration Act and compliance with conditions
4    in this Act;
5        (22) if convicted for an offense that would qualify the
6    offender as a sex offender or sexual predator under the Sex
7    Offender Registration Act, not possess prescription drugs
8    for erectile dysfunction;
9        (23) if convicted for an offense under Section 11-6,
10    11-9.1, 11-14.4 that involves soliciting for a juvenile
11    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    or any attempt to commit any of these offenses:
14            (A) not access or use a computer or any other
15        device with Internet capability without the prior
16        written approval of the Department;
17            (B) submit to periodic unannounced examinations of
18        the youth's computer or any other device with Internet
19        capability by the youth's aftercare specialist, a law
20        enforcement officer, or assigned computer or
21        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 the information, equipment, or device to
25        conduct a more thorough inspection;
26            (C) submit to the installation on the youth's

 

 

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1        computer or device with Internet capability, at the
2        youth's expense, of one or more hardware or software
3        systems to monitor the Internet use; and
4            (D) submit to any other appropriate restrictions
5        concerning the youth's use of or access to a computer
6        or any other device with Internet capability imposed by
7        the Department or the youth's aftercare specialist;
8        (24) if convicted of a sex offense as defined in the
9    Sex Offender Registration Act, refrain from accessing or
10    using a social networking website as defined in Section
11    17-0.5 of the Criminal Code of 2012;
12        (25) if convicted of a sex offense as defined in
13    Section 2 of the Sex Offender Registration Act that
14    requires the youth to register as a sex offender under that
15    Act, not knowingly use any computer scrub software on any
16    computer that the youth uses;
17        (26) if convicted of a sex offense as defined in
18    subsection (a-5) of Section 3-1-2 of this Code, unless the
19    youth is a parent or guardian of a person under 18 years of
20    age present in the home and no non-familial minors are
21    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;

 

 

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1        (27) if convicted of a violation of an order of
2    protection under Section 12-3.4 or Section 12-30 of the
3    Criminal Code of 1961 or the Criminal Code of 2012, be
4    placed under electronic surveillance as provided in
5    Section 5-8A-7 of this Code; and
6        (28) if convicted of a violation of the Methamphetamine
7    Control and Community Protection Act, the Methamphetamine
8    Precursor Control Act, or a methamphetamine related
9    offense, be:
10            (A) prohibited from purchasing, possessing, or
11        having under his or her control any product containing
12        pseudoephedrine unless prescribed by a physician; and
13            (B) prohibited from purchasing, possessing, or
14        having under his or her control any product containing
15        ammonium nitrate.
16    (b) The Department may in addition to other conditions
17require that the youth:
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    aftercare release;
25        (4) support his or her dependents;
26        (5) if convicted for an offense that would qualify the

 

 

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1    youth as a child sex offender as defined in Section 11-9.3
2    or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
3    of 2012, refrain from communicating with or contacting, by
4    means of the Internet, a person who is related to the youth
5    and whom the youth reasonably believes to be under 18 years
6    of age; for purposes of this paragraph (5), "Internet" has
7    the meaning ascribed to it in Section 16-0.1 of the
8    Criminal Code of 2012; and a person is related to the youth
9    if the person is: (A) the spouse, brother, or sister of the
10    youth; (B) a descendant of the youth; (C) a first or second
11    cousin of the youth; or (D) a step-child or adopted child
12    of the youth;
13        (6) if convicted for an offense that would qualify as a
14    sex offense as defined in the Sex Offender Registration
15    Act:
16            (A) not access or use a computer or any other
17        device with Internet capability without the prior
18        written approval of the Department;
19            (B) submit to periodic unannounced examinations of
20        the youth's computer or any other device with Internet
21        capability by the youth's aftercare specialist, a law
22        enforcement officer, or assigned computer or
23        information technology specialist, including the
24        retrieval and copying of all data from the computer or
25        device and any internal or external peripherals and
26        removal of the information, equipment, or device to

 

 

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1        conduct a more thorough inspection;
2            (C) submit to the installation on the youth's
3        computer or device with Internet capability, at the
4        youth's offender's expense, of one or more hardware or
5        software systems to monitor the Internet use; and
6            (D) submit to any other appropriate restrictions
7        concerning the youth's use of or access to a computer
8        or any other device with Internet capability imposed by
9        the Department or the youth's aftercare specialist;
10        and
11        (7) in addition to other conditions:
12            (A) reside with his or her parents or in a foster
13        home;
14            (B) attend school;
15            (C) attend a non-residential program for youth; or
16            (D) contribute to his or her own support at home or
17        in a foster home.
18    (c) In addition to the conditions under subsections (a) and
19(b) of this Section, youths required to register as sex
20offenders under the Sex Offender Registration Act, upon release
21from the custody of the Department of Juvenile Justice, may be
22required by the Department to comply with the following
23specific conditions of release:
24        (1) reside only at a Department approved location;
25        (2) comply with all requirements of the Sex Offender
26    Registration Act;

 

 

SB2777 Enrolled- 75 -LRB099 20630 RLC 45213 b

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

 

 

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

 

 

SB2777 Enrolled- 77 -LRB099 20630 RLC 45213 b

1    activities if directed by an agent of the Department;
2        (15) comply with all other special conditions that the
3    Department may impose that restrict the youth from
4    high-risk situations and limit access to potential
5    victims;
6        (16) take an annual polygraph exam;
7        (17) maintain a log of his or her travel; or
8        (18) obtain prior approval of an agent of the
9    Department before driving alone in a motor vehicle.
10    (d) The conditions under which the aftercare release is to
11be served shall be communicated to the youth in writing prior
12to his or her release, and he or she shall sign the same before
13release. A signed copy of these conditions, including a copy of
14an order of protection if one had been issued by the criminal
15court, shall be retained by the youth and another copy
16forwarded to the officer or aftercare specialist in charge of
17his or her supervision.
18    (e) After a revocation hearing under Section 3-3-9.5, the
19Department of Juvenile Justice may modify or enlarge the
20conditions of aftercare release.
21    (f) The Department shall inform all youth of the optional
22services available to them upon release and shall assist youth
23in availing themselves of the optional services upon their
24release on a voluntary basis.
 
25    (730 ILCS 5/3-2.5-100 new)

 

 

SB2777 Enrolled- 78 -LRB099 20630 RLC 45213 b

1    Sec. 3-2.5-100. Length of aftercare release; discharge.
2    (a) The aftercare release term of a youth committed to the
3Department under the Juvenile Court Act of 1987 shall be as set
4out in Section 5-750 of the Juvenile Court Act of 1987, unless
5sooner terminated under subsection (b) of this Section, as
6otherwise provided by law, or as ordered by the court. The
7aftercare release term of youth committed to the Department as
8a habitual or violent juvenile offender under Section 5-815 or
95-820 of the Juvenile Court Act of 1987 shall continue until
10the youth's 21st birthday unless sooner terminated under
11subsection (c) of this Section, as otherwise provided by law,
12or as ordered by the court.
13    (b) Provided that the youth is in compliance with the terms
14and conditions of his or her aftercare release, the Department
15of Juvenile Justice may reduce the period of a releasee's
16aftercare release by 90 days upon the releasee receiving a high
17school diploma or upon passage of high school equivalency
18testing during the period of his or her aftercare release. This
19reduction in the period of a youth's term of aftercare release
20shall be available only to youth who have not previously earned
21a high school diploma or who have not previously passed high
22school equivalency testing.
23    (c) The Department of Juvenile Justice may discharge a
24youth from aftercare release and his or her commitment to the
25Department in accordance with subsection (3) of Section 5-750
26of the Juvenile Court Act of 1987, if it determines that he or

 

 

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1she is likely to remain at liberty without committing another
2offense.
 
3    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
4    Sec. 3-3-1. Establishment and Appointment of Prisoner
5Review Board.
6    (a) There shall be a Prisoner Review Board independent of
7the Department of Corrections which shall be:
8        (1) the paroling authority for persons sentenced under
9    the law in effect prior to the effective date of this
10    amendatory Act of 1977;
11        (1.5) (blank); the authority for hearing and deciding
12    the time of aftercare release for persons adjudicated
13    delinquent under the Juvenile Court Act of 1987;
14        (2) the board of review for cases involving the
15    revocation of sentence credits or a suspension or reduction
16    in the rate of accumulating the credit;
17        (3) the board of review and recommendation for the
18    exercise of executive clemency by the Governor;
19        (4) the authority for establishing release dates for
20    certain prisoners sentenced under the law in existence
21    prior to the effective date of this amendatory Act of 1977,
22    in accordance with Section 3-3-2.1 of this Code;
23        (5) the authority for setting conditions for parole
24    and , mandatory supervised release under Section 5-8-1(a)
25    of this Code, and aftercare release, and determining

 

 

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1    whether a violation of those conditions warrant revocation
2    of parole, aftercare release, or mandatory supervised
3    release or the imposition of other sanctions; and .
4        (6) the authority for determining whether a violation
5    of aftercare release conditions warrant revocation of
6    aftercare release.
7    (b) The Board shall consist of 15 persons appointed by the
8Governor by and with the advice and consent of the Senate. One
9member of the Board shall be designated by the Governor to be
10Chairman and shall serve as Chairman at the pleasure of the
11Governor. The members of the Board shall have had at least 5
12years of actual experience in the fields of penology,
13corrections work, law enforcement, sociology, law, education,
14social work, medicine, psychology, other behavioral sciences,
15or a combination thereof. At least 6 members so appointed must
16have had at least 3 years experience in the field of juvenile
17matters. No more than 8 Board members may be members of the
18same political party.
19    Each member of the Board shall serve on a full-time basis
20and shall not hold any other salaried public office, whether
21elective or appointive, nor any other office or position of
22profit, nor engage in any other business, employment, or
23vocation. The Chairman of the Board shall receive $35,000 a
24year, or an amount set by the Compensation Review Board,
25whichever is greater, and each other member $30,000, or an
26amount set by the Compensation Review Board, whichever is

 

 

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1greater.
2    (c) Notwithstanding any other provision of this Section,
3the term of each member of the Board who was appointed by the
4Governor and is in office on June 30, 2003 shall terminate at
5the close of business on that date or when all of the successor
6members to be appointed pursuant to this amendatory Act of the
793rd General Assembly have been appointed by the Governor,
8whichever occurs later. As soon as possible, the Governor shall
9appoint persons to fill the vacancies created by this
10amendatory Act.
11    Of the initial members appointed under this amendatory Act
12of the 93rd General Assembly, the Governor shall appoint 5
13members whose terms shall expire on the third Monday in January
142005, 5 members whose terms shall expire on the third Monday in
15January 2007, and 5 members whose terms shall expire on the
16third Monday in January 2009. Their respective successors shall
17be appointed for terms of 6 years from the third Monday in
18January of the year of appointment. Each member shall serve
19until his or her successor is appointed and qualified.
20    Any member may be removed by the Governor for incompetence,
21neglect of duty, malfeasance or inability to serve.
22    (d) The Chairman of the Board shall be its chief executive
23and administrative officer. The Board may have an Executive
24Director; if so, the Executive Director shall be appointed by
25the Governor with the advice and consent of the Senate. The
26salary and duties of the Executive Director shall be fixed by

 

 

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1the Board.
2(Source: P.A. 97-697, eff. 6-22-12; 98-558, eff. 1-1-14.)
 
3    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
4    Sec. 3-3-2. Powers and Duties.
5    (a) The Parole and Pardon Board is abolished and the term
6"Parole and Pardon Board" as used in any law of Illinois, shall
7read "Prisoner Review Board." After the effective date of this
8amendatory Act of 1977, the Prisoner Review Board shall provide
9by rule for the orderly transition of all files, records, and
10documents of the Parole and Pardon Board and for such other
11steps as may be necessary to effect an orderly transition and
12shall:
13        (1) hear by at least one member and through a panel of
14    at least 3 members decide, cases of prisoners who were
15    sentenced under the law in effect prior to the effective
16    date of this amendatory Act of 1977, and who are eligible
17    for parole;
18        (2) hear by at least one member and through a panel of
19    at least 3 members decide, the conditions of parole and the
20    time of discharge from parole, impose sanctions for
21    violations of parole, and revoke parole for those sentenced
22    under the law in effect prior to this amendatory Act of
23    1977; provided that the decision to parole and the
24    conditions of parole for all prisoners who were sentenced
25    for first degree murder or who received a minimum sentence

 

 

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1    of 20 years or more under the law in effect prior to
2    February 1, 1978 shall be determined by a majority vote of
3    the Prisoner Review Board. One representative supporting
4    parole and one representative opposing parole will be
5    allowed to speak. Their comments shall be limited to making
6    corrections and filling in omissions to the Board's
7    presentation and discussion;
8        (3) hear by at least one member and through a panel of
9    at least 3 members decide, the conditions of mandatory
10    supervised release and the time of discharge from mandatory
11    supervised release, impose sanctions for violations of
12    mandatory supervised release, and revoke mandatory
13    supervised release for those sentenced under the law in
14    effect after the effective date of this amendatory Act of
15    1977;
16        (3.5) hear by at least one member and through a panel
17    of at least 3 members decide, the conditions of mandatory
18    supervised release and the time of discharge from mandatory
19    supervised release, to impose sanctions for violations of
20    mandatory supervised release and revoke mandatory
21    supervised release for those serving extended supervised
22    release terms pursuant to paragraph (4) of subsection (d)
23    of Section 5-8-1;
24        (3.6) hear by at least one member and through a panel
25    of at least 3 members decide whether to , the time of
26    aftercare release, the conditions of aftercare release and

 

 

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1    the time of discharge from aftercare release, impose
2    sanctions for violations of aftercare release, and revoke
3    aftercare release for those committed to the Department of
4    Juvenile Justice adjudicated delinquent under the Juvenile
5    Court Act of 1987;
6        (4) hear by at least one member and through a panel of
7    at least 3 members, decide cases brought by the Department
8    of Corrections against a prisoner in the custody of the
9    Department for alleged violation of Department rules with
10    respect to sentence credits under Section 3-6-3 of this
11    Code in which the Department seeks to revoke sentence
12    credits, if the amount of time at issue exceeds 30 days or
13    when, during any 12 month period, the cumulative amount of
14    credit revoked exceeds 30 days except where the infraction
15    is committed or discovered within 60 days of scheduled
16    release. In such cases, the Department of Corrections may
17    revoke up to 30 days of sentence credit. The Board may
18    subsequently approve the revocation of additional sentence
19    credit, if the Department seeks to revoke sentence credit
20    in excess of thirty days. However, the Board shall not be
21    empowered to review the Department's decision with respect
22    to the loss of 30 days of sentence credit for any prisoner
23    or to increase any penalty beyond the length requested by
24    the Department;
25        (5) hear by at least one member and through a panel of
26    at least 3 members decide, the release dates for certain

 

 

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1    prisoners sentenced under the law in existence prior to the
2    effective date of this amendatory Act of 1977, in
3    accordance with Section 3-3-2.1 of this Code;
4        (6) hear by at least one member and through a panel of
5    at least 3 members decide, all requests for pardon,
6    reprieve or commutation, and make confidential
7    recommendations to the Governor;
8        (7) comply with the requirements of the Open Parole
9    Hearings Act;
10        (8) hear by at least one member and, through a panel of
11    at least 3 members, decide cases brought by the Department
12    of Corrections against a prisoner in the custody of the
13    Department for court dismissal of a frivolous lawsuit
14    pursuant to Section 3-6-3(d) of this Code in which the
15    Department seeks to revoke up to 180 days of sentence
16    credit, and if the prisoner has not accumulated 180 days of
17    sentence credit at the time of the dismissal, then all
18    sentence credit accumulated by the prisoner shall be
19    revoked;
20        (9) hear by at least 3 members, and, through a panel of
21    at least 3 members, decide whether to grant certificates of
22    relief from disabilities or certificates of good conduct as
23    provided in Article 5.5 of Chapter V;
24        (10) upon a petition by a person who has been convicted
25    of a Class 3 or Class 4 felony and who meets the
26    requirements of this paragraph, hear by at least 3 members

 

 

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1    and, with the unanimous vote of a panel of 3 members, issue
2    a certificate of eligibility for sealing recommending that
3    the court order the sealing of all official records of the
4    arresting authority, the circuit court clerk, and the
5    Department of State Police concerning the arrest and
6    conviction for the Class 3 or 4 felony. A person may not
7    apply to the Board for a certificate of eligibility for
8    sealing:
9            (A) until 5 years have elapsed since the expiration
10        of his or her sentence;
11            (B) until 5 years have elapsed since any arrests or
12        detentions by a law enforcement officer for an alleged
13        violation of law, other than a petty offense, traffic
14        offense, conservation offense, or local ordinance
15        offense;
16            (C) if convicted of a violation of the Cannabis
17        Control Act, Illinois Controlled Substances Act, the
18        Methamphetamine Control and Community Protection Act,
19        the Methamphetamine Precursor Control Act, or the
20        Methamphetamine Precursor Tracking Act unless the
21        petitioner has completed a drug abuse program for the
22        offense on which sealing is sought and provides proof
23        that he or she has completed the program successfully;
24            (D) if convicted of:
25                (i) a sex offense described in Article 11 or
26            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

 

 

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1            the Criminal Code of 1961 or the Criminal Code of
2            2012;
3                (ii) aggravated assault;
4                (iii) aggravated battery;
5                (iv) domestic battery;
6                (v) aggravated domestic battery;
7                (vi) violation of an order of protection;
8                (vii) an offense under the Criminal Code of
9            1961 or the Criminal Code of 2012 involving a
10            firearm;
11                (viii) driving while under the influence of
12            alcohol, other drug or drugs, intoxicating
13            compound or compounds or any combination thereof;
14                (ix) aggravated driving while under the
15            influence of alcohol, other drug or drugs,
16            intoxicating compound or compounds or any
17            combination thereof; or
18                (x) any crime defined as a crime of violence
19            under Section 2 of the Crime Victims Compensation
20            Act.
21        If a person has applied to the Board for a certificate
22    of eligibility for sealing and the Board denies the
23    certificate, the person must wait at least 4 years before
24    filing again or filing for pardon from the Governor unless
25    the Chairman of the Prisoner Review Board grants a waiver.
26        The decision to issue or refrain from issuing a

 

 

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1    certificate of eligibility for sealing shall be at the
2    Board's sole discretion, and shall not give rise to any
3    cause of action against either the Board or its members.
4        The Board may only authorize the sealing of Class 3 and
5    4 felony convictions of the petitioner from one information
6    or indictment under this paragraph (10). A petitioner may
7    only receive one certificate of eligibility for sealing
8    under this provision for life; and
9        (11) upon a petition by a person who after having been
10    convicted of a Class 3 or Class 4 felony thereafter served
11    in the United States Armed Forces or National Guard of this
12    or any other state and had received an honorable discharge
13    from the United States Armed Forces or National Guard or
14    who at the time of filing the petition is enlisted in the
15    United States Armed Forces or National Guard of this or any
16    other state and served one tour of duty and who meets the
17    requirements of this paragraph, hear by at least 3 members
18    and, with the unanimous vote of a panel of 3 members, issue
19    a certificate of eligibility for expungement recommending
20    that the court order the expungement of all official
21    records of the arresting authority, the circuit court
22    clerk, and the Department of State Police concerning the
23    arrest and conviction for the Class 3 or 4 felony. A person
24    may not apply to the Board for a certificate of eligibility
25    for expungement:
26            (A) if convicted of:

 

 

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1                (i) a sex offense described in Article 11 or
2            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
3            the Criminal Code of 1961 or Criminal Code of 2012;
4                (ii) an offense under the Criminal Code of 1961
5            or Criminal Code of 2012 involving a firearm; or
6                (iii) a crime of violence as defined in Section
7            2 of the Crime Victims Compensation Act; or
8            (B) if the person has not served in the United
9        States Armed Forces or National Guard of this or any
10        other state or has not received an honorable discharge
11        from the United States Armed Forces or National Guard
12        of this or any other state or who at the time of the
13        filing of the petition is serving in the United States
14        Armed Forces or National Guard of this or any other
15        state and has not completed one tour of duty.
16        If a person has applied to the Board for a certificate
17    of eligibility for expungement and the Board denies the
18    certificate, the person must wait at least 4 years before
19    filing again or filing for a pardon with authorization for
20    expungement from the Governor unless the Governor or
21    Chairman of the Prisoner Review Board grants a waiver.
22    (a-5) The Prisoner Review Board, with the cooperation of
23and in coordination with the Department of Corrections and the
24Department of Central Management Services, shall implement a
25pilot project in 3 correctional institutions providing for the
26conduct of hearings under paragraphs (1) and (4) of subsection

 

 

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1(a) of this Section through interactive video conferences. The
2project shall be implemented within 6 months after the
3effective date of this amendatory Act of 1996. Within 6 months
4after the implementation of the pilot project, the Prisoner
5Review Board, with the cooperation of and in coordination with
6the Department of Corrections and the Department of Central
7Management Services, shall report to the Governor and the
8General Assembly regarding the use, costs, effectiveness, and
9future viability of interactive video conferences for Prisoner
10Review Board hearings.
11    (b) Upon recommendation of the Department the Board may
12restore sentence credit previously revoked.
13    (c) The Board shall cooperate with the Department in
14promoting an effective system of parole, aftercare release, and
15mandatory supervised release.
16    (d) The Board shall promulgate rules for the conduct of its
17work, and the Chairman shall file a copy of such rules and any
18amendments thereto with the Director and with the Secretary of
19State.
20    (e) The Board shall keep records of all of its official
21actions and shall make them accessible in accordance with law
22and the rules of the Board.
23    (f) The Board or one who has allegedly violated the
24conditions of his or her parole, aftercare release, or
25mandatory supervised release may require by subpoena the
26attendance and testimony of witnesses and the production of

 

 

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1documentary evidence relating to any matter under
2investigation or hearing. The Chairman of the Board may sign
3subpoenas which shall be served by any agent or public official
4authorized by the Chairman of the Board, or by any person
5lawfully authorized to serve a subpoena under the laws of the
6State of Illinois. The attendance of witnesses, and the
7production of documentary evidence, may be required from any
8place in the State to a hearing location in the State before
9the Chairman of the Board or his or her designated agent or
10agents or any duly constituted Committee or Subcommittee of the
11Board. Witnesses so summoned shall be paid the same fees and
12mileage that are paid witnesses in the circuit courts of the
13State, and witnesses whose depositions are taken and the
14persons taking those depositions are each entitled to the same
15fees as are paid for like services in actions in the circuit
16courts of the State. Fees and mileage shall be vouchered for
17payment when the witness is discharged from further attendance.
18    In case of disobedience to a subpoena, the Board may
19petition any circuit court of the State for an order requiring
20the attendance and testimony of witnesses or the production of
21documentary evidence or both. A copy of such petition shall be
22served by personal service or by registered or certified mail
23upon the person who has failed to obey the subpoena, and such
24person shall be advised in writing that a hearing upon the
25petition will be requested in a court room to be designated in
26such notice before the judge hearing motions or extraordinary

 

 

SB2777 Enrolled- 92 -LRB099 20630 RLC 45213 b

1remedies at a specified time, on a specified date, not less
2than 10 nor more than 15 days after the deposit of the copy of
3the written notice and petition in the U.S. mails addressed to
4the person at his last known address or after the personal
5service of the copy of the notice and petition upon such
6person. The court upon the filing of such a petition, may order
7the person refusing to obey the subpoena to appear at an
8investigation or hearing, or to there produce documentary
9evidence, if so ordered, or to give evidence relative to the
10subject matter of that investigation or hearing. Any failure to
11obey such order of the circuit court may be punished by that
12court as a contempt of court.
13    Each member of the Board and any hearing officer designated
14by the Board shall have the power to administer oaths and to
15take the testimony of persons under oath.
16    (g) Except under subsection (a) of this Section, a majority
17of the members then appointed to the Prisoner Review Board
18shall constitute a quorum for the transaction of all business
19of the Board.
20    (h) The Prisoner Review Board shall annually transmit to
21the Director a detailed report of its work for the preceding
22calendar year. The annual report shall also be transmitted to
23the Governor for submission to the Legislature.
24(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
2597-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
261-1-14; 98-756, eff. 7-16-14.)
 

 

 

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1    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
2    Sec. 3-3-3. Eligibility for Parole or Release.
3    (a) Except for those offenders who accept the fixed release
4date established by the Prisoner Review Board under Section
53-3-2.1, every person serving a term of imprisonment under the
6law in effect prior to the effective date of this amendatory
7Act of 1977 shall be eligible for parole when he or she has
8served:
9        (1) the minimum term of an indeterminate sentence less
10    time credit for good behavior, or 20 years less time credit
11    for good behavior, whichever is less; or
12        (2) 20 years of a life sentence less time credit for
13    good behavior; or
14        (3) 20 years or one-third of a determinate sentence,
15    whichever is less, less time credit for good behavior.
16    (b) No person sentenced under this amendatory Act of 1977
17or who accepts a release date under Section 3-3-2.1 shall be
18eligible for parole.
19    (c) Except for those sentenced to a term of natural life
20imprisonment, every person sentenced to imprisonment under
21this amendatory Act of 1977 or given a release date under
22Section 3-3-2.1 of this Act shall serve the full term of a
23determinate sentence less time credit for good behavior and
24shall then be released under the mandatory supervised release
25provisions of paragraph (d) of Section 5-8-1 of this Code.

 

 

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1    (d) No person serving a term of natural life imprisonment
2may be paroled or released except through executive clemency.
3    (e) Every person committed to the Department of Juvenile
4Justice under Section 5-10 of the Juvenile Court Act or Section
55-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
6this Code and confined in the State correctional institutions
7or facilities if such juvenile has not been tried as an adult
8shall be eligible for aftercare release under Section 3-2.5-85
9of this Code without regard to the length of time the person
10has been confined or whether the person has served any minimum
11term imposed. However, if a juvenile has been tried as an adult
12he or she shall only be eligible for parole or mandatory
13supervised release as an adult under this Section.
14(Source: P.A. 98-558, eff. 1-1-14.)
 
15    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
16    Sec. 3-3-4. Preparation for Parole Hearing.
17    (a) The Prisoner Review Board shall consider the parole of
18each eligible person committed to the Department of Corrections
19at least 30 days prior to the date he or she shall first become
20eligible for parole, and shall consider the aftercare release
21of each person committed to the Department of Juvenile Justice
22as a delinquent at least 30 days prior to the expiration of the
23first year of confinement.
24    (b) A person eligible for parole or aftercare release
25shall, no less than 15 days in advance of his or her parole

 

 

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1interview, prepare a parole or aftercare release plan in
2accordance with the rules of the Prisoner Review Board. The
3person shall be assisted in preparing his or her parole or
4aftercare release plan by personnel of the Department of
5Corrections, or the Department of Juvenile Justice in the case
6of a person committed to that Department, and may, for this
7purpose, be released on furlough under Article 11 or on
8authorized absence under Section 3-9-4. The appropriate
9Department shall also provide assistance in obtaining
10information and records helpful to the individual for his or
11her parole hearing. If the person eligible for parole or
12aftercare release has a petition or any written submissions
13prepared on his or her behalf by an attorney or other
14representative, the attorney or representative for the person
15eligible for parole or aftercare release must serve by
16certified mail the State's Attorney of the county where he or
17she was prosecuted with the petition or any written submissions
1815 days after his or her parole interview. The State's Attorney
19shall provide the attorney for the person eligible for parole
20or aftercare release with a copy of his or her letter in
21opposition to parole or aftercare release via certified mail
22within 5 business days of the en banc hearing.
23    (c) Any member of the Board shall have access at all
24reasonable times to any committed person and to his or her
25master record file within the Department, and the Department
26shall furnish such a report to the Board concerning the conduct

 

 

SB2777 Enrolled- 96 -LRB099 20630 RLC 45213 b

1and character of any such person prior to his or her parole
2interview.
3    (d) In making its determination of parole or aftercare
4release, the Board shall consider:
5        (1) (blank); material transmitted to the Department of
6    Juvenile Justice by the clerk of the committing court under
7    Section 5-4-1 or Section 5-10 of the Juvenile Court Act or
8    Section 5-750 of the Juvenile Court Act of 1987;
9        (2) the report under Section 3-8-2 or 3-10-2;
10        (3) a report by the Department and any report by the
11    chief administrative officer of the institution or
12    facility;
13        (4) a parole or aftercare release progress report;
14        (5) a medical and psychological report, if requested by
15    the Board;
16        (6) material in writing, or on film, video tape or
17    other electronic means in the form of a recording submitted
18    by the person whose parole or aftercare release is being
19    considered;
20        (7) material in writing, or on film, video tape or
21    other electronic means in the form of a recording or
22    testimony submitted by the State's Attorney and the victim
23    or a concerned citizen pursuant to the Rights of Crime
24    Victims and Witnesses Act; and
25        (8) the person's eligibility for commitment under the
26    Sexually Violent Persons Commitment Act.

 

 

SB2777 Enrolled- 97 -LRB099 20630 RLC 45213 b

1    (e) The prosecuting State's Attorney's office shall
2receive from the Board reasonable written notice not less than
330 days prior to the parole or aftercare release interview and
4may submit relevant information by oral argument or testimony
5of victims and concerned citizens, or both, in writing, or on
6film, video tape or other electronic means or in the form of a
7recording to the Board for its consideration. Upon written
8request of the State's Attorney's office, the Prisoner Review
9Board shall hear protests to parole, or aftercare release,
10except in counties of 1,500,000 or more inhabitants where there
11shall be standing objections to all such petitions. If a
12State's Attorney who represents a county of less than 1,500,000
13inhabitants requests a protest hearing, the inmate's counsel or
14other representative shall also receive notice of such request.
15This hearing shall take place the month following the inmate's
16parole or aftercare release interview. If the inmate's parole
17or aftercare release interview is rescheduled then the Prisoner
18Review Board shall promptly notify the State's Attorney of the
19new date. The person eligible for parole or aftercare release
20shall be heard at the next scheduled en banc hearing date. If
21the case is to be continued, the State's Attorney's office and
22the attorney or representative for the person eligible for
23parole or aftercare release will be notified of any continuance
24within 5 business days. The State's Attorney may waive the
25written notice.
26    (f) The victim of the violent crime for which the prisoner

 

 

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1has been sentenced shall receive notice of a parole or
2aftercare release hearing as provided in paragraph (4) of
3subsection (d) of Section 4.5 of the Rights of Crime Victims
4and Witnesses Act.
5    (g) Any recording considered under the provisions of
6subsection (d)(6), (d)(7) or (e) of this Section shall be in
7the form designated by the Board. Such recording shall be both
8visual and aural. Every voice on the recording and person
9present shall be identified and the recording shall contain
10either a visual or aural statement of the person submitting
11such recording, the date of the recording and the name of the
12person whose parole or aftercare release eligibility is being
13considered. Such recordings shall be retained by the Board and
14shall be deemed to be submitted at any subsequent parole or
15aftercare release hearing if the victim or State's Attorney
16submits in writing a declaration clearly identifying such
17recording as representing the present position of the victim or
18State's Attorney regarding the issues to be considered at the
19parole or aftercare release hearing.
20    (h) The Board shall not release any material to the inmate,
21the inmate's attorney, any third party, or any other person
22containing any information from the victim or from a person
23related to the victim by blood, adoption, or marriage who has
24written objections, testified at any hearing, or submitted
25audio or visual objections to the inmate's parole, or aftercare
26release, unless provided with a waiver from that objecting

 

 

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1party. The Board shall not release the names or addresses of
2any person on its victim registry to any other person except
3the victim, a law enforcement agency, or other victim
4notification system.
5(Source: P.A. 97-523, eff. 1-1-12; 97-1075, eff. 8-24-12;
697-1083, eff. 8-24-12; 98-463, eff. 8-16-13; 98-558, eff.
71-1-14; 98-717, eff. 1-1-15.)
 
8    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
9    Sec. 3-3-5. Hearing and Determination.
10    (a) The Prisoner Review Board shall meet as often as need
11requires to consider the cases of persons eligible for parole
12and aftercare release. Except as otherwise provided in
13paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
14the Prisoner Review Board may meet and order its actions in
15panels of 3 or more members. The action of a majority of the
16panel shall be the action of the Board. In consideration of
17persons committed to the Department of Juvenile Justice, the
18panel shall have at least a majority of members experienced in
19juvenile matters.
20    (b) If the person under consideration for parole or
21aftercare release is in the custody of the Department, at least
22one member of the Board shall interview him or her, and a
23report of that interview shall be available for the Board's
24consideration. However, in the discretion of the Board, the
25interview need not be conducted if a psychiatric examination

 

 

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1determines that the person could not meaningfully contribute to
2the Board's consideration. The Board may in its discretion
3parole or release on aftercare a person who is then outside the
4jurisdiction on his or her record without an interview. The
5Board need not hold a hearing or interview a person who is
6paroled or released on aftercare under paragraphs (d) or (e) of
7this Section or released on Mandatory release under Section
83-3-10.
9    (c) The Board shall not parole or release a person eligible
10for parole or aftercare release if it determines that:
11        (1) there is a substantial risk that he or she will not
12    conform to reasonable conditions of parole or aftercare
13    release; or
14        (2) his or her release at that time would deprecate the
15    seriousness of his or her offense or promote disrespect for
16    the law; or
17        (3) his or her release would have a substantially
18    adverse effect on institutional discipline.
19    (d) (Blank). A person committed under the Juvenile Court
20Act or the Juvenile Court Act of 1987 who has not been sooner
21released shall be released on aftercare on or before his or her
2220th birthday or upon completion of the maximum term of
23confinement ordered by the court under Section 5-710 of the
24Juvenile Court Act of 1987, whichever is sooner, to begin
25serving a period of aftercare release under Section 3-3-8.
26    (e) A person who has served the maximum term of

 

 

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1imprisonment imposed at the time of sentencing less time credit
2for good behavior shall be released on parole to serve a period
3of parole under Section 5-8-1.
4    (f) The Board shall render its decision within a reasonable
5time after hearing and shall state the basis therefor both in
6the records of the Board and in written notice to the person on
7whose application it has acted. In its decision, the Board
8shall set the person's time for parole or aftercare release, or
9if it denies parole or aftercare release it shall provide for a
10rehearing not less frequently than once every year, except that
11the Board may, after denying parole, schedule a rehearing no
12later than 5 years from the date of the parole denial, if the
13Board finds that it is not reasonable to expect that parole
14would be granted at a hearing prior to the scheduled rehearing
15date. If the Board shall parole or release a person, and, if he
16or she is not released within 90 days from the effective date
17of the order granting parole or aftercare release, the matter
18shall be returned to the Board for review.
19    (f-1) If the Board paroles or releases a person who is
20eligible for commitment as a sexually violent person, the
21effective date of the Board's order shall be stayed for 90 days
22for the purpose of evaluation and proceedings under the
23Sexually Violent Persons Commitment Act.
24    (g) The Board shall maintain a registry of decisions in
25which parole has been granted, which shall include the name and
26case number of the prisoner, the highest charge for which the

 

 

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1prisoner was sentenced, the length of sentence imposed, the
2date of the sentence, the date of the parole, and the basis for
3the decision of the Board to grant parole and the vote of the
4Board on any such decisions. The registry shall be made
5available for public inspection and copying during business
6hours and shall be a public record pursuant to the provisions
7of the Freedom of Information Act.
8    (h) The Board shall promulgate rules regarding the exercise
9of its discretion under this Section.
10(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
 
11    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
12    Sec. 3-3-7. Conditions of Parole or , Mandatory Supervised
13Release, or Aftercare Release.
14    (a) The conditions of parole, aftercare release, or
15mandatory supervised release shall be such as the Prisoner
16Review Board deems necessary to assist the subject in leading a
17law-abiding life. The conditions of every parole, aftercare
18release, and mandatory supervised release are that the subject:
19        (1) not violate any criminal statute of any
20    jurisdiction during the parole, aftercare release, or
21    release term;
22        (2) refrain from possessing a firearm or other
23    dangerous weapon;
24        (3) report to an agent of the Department of Corrections
25    or to the Department of Juvenile Justice;

 

 

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1        (4) permit the agent or aftercare specialist to visit
2    him or her at his or her home, employment, or elsewhere to
3    the extent necessary for the agent or aftercare specialist
4    to discharge his or her duties;
5        (5) attend or reside in a facility established for the
6    instruction or residence of persons on parole, aftercare
7    release, or mandatory supervised release;
8        (6) secure permission before visiting or writing a
9    committed person in an Illinois Department of Corrections
10    facility;
11        (7) report all arrests to an agent of the Department of
12    Corrections or to the Department of Juvenile Justice as
13    soon as permitted by the arresting authority but in no
14    event later than 24 hours after release from custody and
15    immediately report service or notification of an order of
16    protection, a civil no contact order, or a stalking no
17    contact order to an agent of the Department of Corrections;
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 January 1, 2007 (the effective
15    date of Public Act 94-988), wear an approved electronic
16    monitoring device as defined in Section 5-8A-2 for the
17    duration of the person's parole, aftercare release,
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 August
24    11, 2009 (the effective date of Public Act 96-236) when the
25    victim was under 18 years of age at the time of the
26    commission of the offense and the defendant used force or

 

 

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

 

 

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1    storing electronic files, in order to confirm Internet
2    protocol addresses reported in accordance with the Sex
3    Offender Registration Act and compliance with conditions
4    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 June 1, 2008 (the
8    effective date of Public Act 95-640), not possess
9    prescription drugs for erectile dysfunction;
10        (7.11) 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 Department;
20            (ii) submit to periodic unannounced examinations
21        of the offender's computer or any other device with
22        Internet capability by the offender's supervising
23        agent, aftercare specialist, a law enforcement
24        officer, or assigned computer or information
25        technology specialist, including the retrieval and
26        copying of all data from the computer or device and any

 

 

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

 

 

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1        (9) obtain permission of an agent of the Department of
2    Corrections or the Department of Juvenile Justice before
3    changing his or her residence or employment;
4        (10) consent to a search of his or her person,
5    property, or residence under his or her control;
6        (11) refrain from the use or possession of narcotics or
7    other controlled substances in any form, or both, or any
8    paraphernalia related to those substances and submit to a
9    urinalysis test as instructed by a parole agent of the
10    Department of Corrections or an aftercare specialist of the
11    Department of Juvenile Justice;
12        (12) not frequent places where controlled substances
13    are illegally sold, used, distributed, or administered;
14        (13) not knowingly associate with other persons on
15    parole, aftercare release, or mandatory supervised release
16    without prior written permission of his or her parole agent
17    or aftercare specialist and not associate with persons who
18    are members of an organized gang as that term is defined in
19    the Illinois Streetgang Terrorism Omnibus Prevention Act;
20        (14) provide true and accurate information, as it
21    relates to his or her adjustment in the community while on
22    parole, aftercare release, or mandatory supervised release
23    or to his or her conduct while incarcerated, in response to
24    inquiries by his or her parole agent or of the Department
25    of Corrections or by his or her aftercare specialist or of
26    the Department of Juvenile Justice;

 

 

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1        (15) follow any specific instructions provided by the
2    parole agent or aftercare specialist that are consistent
3    with furthering conditions set and approved by the Prisoner
4    Review Board or by law, exclusive of placement on
5    electronic detention, to achieve the goals and objectives
6    of his or her parole, aftercare release, or mandatory
7    supervised release or to protect the public. These
8    instructions by the parole agent or aftercare specialist
9    may be modified at any time, as the agent or aftercare
10    specialist deems appropriate;
11        (16) if convicted of a sex offense as defined in
12    subsection (a-5) of Section 3-1-2 of this Code, unless the
13    offender is a parent or guardian of the person under 18
14    years of age present in the home and no non-familial minors
15    are present, not participate in a holiday event involving
16    children under 18 years of age, such as distributing candy
17    or other items to children on Halloween, wearing a Santa
18    Claus costume on or preceding Christmas, being employed as
19    a department store Santa Claus, or wearing an Easter Bunny
20    costume on or preceding Easter;
21        (17) if convicted of a violation of an order of
22    protection under Section 12-3.4 or Section 12-30 of the
23    Criminal Code of 1961 or the Criminal Code of 2012, be
24    placed under electronic surveillance as provided in
25    Section 5-8A-7 of this Code;
26        (18) comply with the terms and conditions of an order

 

 

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1    of protection issued pursuant to the Illinois Domestic
2    Violence Act of 1986; an order of protection issued by the
3    court of another state, tribe, or United States territory;
4    a no contact order issued pursuant to the Civil No Contact
5    Order Act; or a no contact order issued pursuant to the
6    Stalking No Contact Order Act; and
7        (19) if convicted of a violation of the Methamphetamine
8    Control and Community Protection Act, the Methamphetamine
9    Precursor Control Act, or a methamphetamine related
10    offense, be:
11            (A) prohibited from purchasing, possessing, or
12        having under his or her control any product containing
13        pseudoephedrine unless prescribed by a physician; and
14            (B) prohibited from purchasing, possessing, or
15        having under his or her control any product containing
16        ammonium nitrate.
17    (b) The Board may in addition to other conditions require
18that the subject:
19        (1) work or pursue a course of study or vocational
20    training;
21        (2) undergo medical or psychiatric treatment, or
22    treatment for drug addiction or alcoholism;
23        (3) attend or reside in a facility established for the
24    instruction or residence of persons on probation or 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 after
4    the effective date of this amendatory Act of the 95th
5    General Assembly that would qualify the accused as a child
6    sex offender as defined in Section 11-9.3 or 11-9.4 of the
7    Criminal Code of 1961 or the Criminal Code of 2012, refrain
8    from communicating with or contacting, by means of the
9    Internet, a person who is related to the accused and whom
10    the accused reasonably believes to be under 18 years of
11    age; for purposes of this paragraph (7.5), "Internet" has
12    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 after
19    June 1, 2009 (the effective date of Public Act 95-983) that
20    would qualify as a sex offense as defined in the Sex
21    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 or aftercare specialist, a law enforcement
3        officer, or assigned computer or information
4        technology specialist, including the retrieval and
5        copying of all data from the computer or device and any
6        internal or external peripherals and removal of such
7        information, equipment, or device to conduct a more
8        thorough inspection;
9            (iii) submit to the installation on the offender's
10        computer or device with Internet capability, at the
11        offender's expense, of one or more hardware or software
12        systems to monitor the Internet use; and
13            (iv) submit to any other appropriate restrictions
14        concerning the offender's use of or access to a
15        computer or any other device with Internet capability
16        imposed by the Board, the Department or the offender's
17        supervising agent or aftercare specialist; and
18        (8) in addition, if a minor:
19            (i) reside with his or her parents or in a foster
20        home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23        or
24            (iv) contribute to his or her own support at home
25        or in a foster home.
26    (b-1) In addition to the conditions set forth in

 

 

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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 or Department of Juvenile Justice, may be required
5by the Board to comply with the following specific conditions
6of release:
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 or the Department of Juvenile Justice prior
14    to accepting employment or pursuing a course of study or
15    vocational training and notify the Department prior to any
16    change in employment, study, or 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 or the Department of
21    Juvenile Justice;
22        (6) be electronically monitored for a minimum of 12
23    months from the date of release as determined by the 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 or the Department of Juvenile

 

 

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1    Justice. The terms may include consideration of the purpose
2    of the entry, the time of day, and others accompanying the
3    person;
4        (8) refrain from having any contact, including written
5    or oral communications, directly or indirectly, personally
6    or by telephone, letter, or through a third party with
7    certain specified persons including, but not limited to,
8    the victim or the victim's family without the prior written
9    approval of an agent of the Department of Corrections or
10    the Department of Juvenile Justice;
11        (9) refrain from all contact, directly or indirectly,
12    personally, by telephone, letter, or through a third party,
13    with minor children without prior identification and
14    approval of an agent of the Department of Corrections or
15    the Department of Juvenile Justice;
16        (10) neither possess or have under his or her control
17    any material that is sexually oriented, sexually
18    stimulating, or that shows male or female sex organs or any
19    pictures depicting children under 18 years of age nude or
20    any written or audio material describing sexual
21    intercourse or that depicts or alludes to sexual activity,
22    including but not limited to visual, auditory, telephonic,
23    or electronic media, or any matter obtained through access
24    to any computer or material linked to computer access use;
25        (11) not patronize any business providing sexually
26    stimulating or sexually oriented entertainment nor utilize

 

 

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1    "900" or adult telephone numbers;
2        (12) not reside near, visit, or be in or about parks,
3    schools, day care centers, swimming pools, beaches,
4    theaters, or any other places where minor children
5    congregate without advance approval of an agent of the
6    Department of Corrections or the Department of Juvenile
7    Justice and immediately report any incidental contact with
8    minor children to the Department;
9        (13) not possess or have under his or her control
10    certain specified items of contraband related to the
11    incidence of sexually offending as determined by an agent
12    of the Department of Corrections or the Department of
13    Juvenile Justice;
14        (14) may be required to provide a written daily log of
15    activities if directed by an agent of the Department of
16    Corrections or the Department of Juvenile Justice;
17        (15) comply with all other special conditions that the
18    Department may impose that restrict the person from
19    high-risk situations and limit access to potential
20    victims;
21        (16) take an annual polygraph exam;
22        (17) maintain a log of his or her travel; or
23        (18) obtain prior approval of his or her parole officer
24    or aftercare specialist before driving alone in a motor
25    vehicle.
26    (c) The conditions under which the parole, aftercare

 

 

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1release, or mandatory supervised release is to be served shall
2be communicated to the person in writing prior to his or her
3release, and he or she shall sign the same before release. A
4signed copy of these conditions, including a copy of an order
5of protection where one had been issued by the criminal court,
6shall be retained by the person and another copy forwarded to
7the officer or aftercare specialist in charge of his or her
8supervision.
9    (d) After a hearing under Section 3-3-9, the Prisoner
10Review Board may modify or enlarge the conditions of parole,
11aftercare release, or mandatory supervised release.
12    (e) The Department shall inform all offenders committed to
13the Department of the optional services available to them upon
14release and shall assist inmates in availing themselves of such
15optional services upon their release on a voluntary basis.
16    (f) (Blank).
17(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
18eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
1997-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
20    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
21    Sec. 3-3-8. Length of parole, aftercare release, and
22mandatory supervised release; discharge.)
23    (a) The length of parole for a person sentenced under the
24law in effect prior to the effective date of this amendatory
25Act of 1977 and the length of mandatory supervised release for

 

 

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1those sentenced under the law in effect on and after such
2effective date shall be as set out in Section 5-8-1 unless
3sooner terminated under paragraph (b) of this Section. The
4aftercare release period of a juvenile committed to the
5Department under the Juvenile Court Act or the Juvenile Court
6Act of 1987 shall be as set out in Section 5-750 of the
7Juvenile Court Act of 1987 unless sooner terminated under
8paragraph (b) of this Section or under the Juvenile Court Act
9of 1987.
10    (b) The Prisoner Review Board may enter an order releasing
11and discharging one from parole, aftercare release, or
12mandatory supervised release, and his or her commitment to the
13Department, when it determines that he or she is likely to
14remain at liberty without committing another offense.
15    (b-1) Provided that the subject is in compliance with the
16terms and conditions of his or her parole, aftercare release,
17or mandatory supervised release, the Prisoner Review Board may
18reduce the period of a parolee or releasee's parole, aftercare
19release, or mandatory supervised release by 90 days upon the
20parolee or releasee receiving a high school diploma or upon
21passage of high school equivalency testing during the period of
22his or her parole, aftercare release, or mandatory supervised
23release. This reduction in the period of a subject's term of
24parole, aftercare release, or mandatory supervised release
25shall be available only to subjects who have not previously
26earned a high school diploma or who have not previously passed

 

 

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1high school equivalency testing.
2    (c) The order of discharge shall become effective upon
3entry of the order of the Board. The Board shall notify the
4clerk of the committing court of the order. Upon receipt of
5such copy, the clerk shall make an entry on the record judgment
6that the sentence or commitment has been satisfied pursuant to
7the order.
8    (d) Rights of the person discharged under this Section
9shall be restored under Section 5-5-5. This Section is subject
10to Section 5-750 of the Juvenile Court Act of 1987.
11(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
12eff. 1-1-16.)
 
13    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
14    Sec. 3-3-9. Violations; changes of conditions; preliminary
15hearing; revocation of parole, aftercare release, or mandatory
16supervised release; revocation hearing.
17    (a) If prior to expiration or termination of the term of
18parole, aftercare release, or mandatory supervised release, a
19person violates a condition set by the Prisoner Review Board or
20a condition of parole, aftercare release, or mandatory
21supervised release under Section 3-3-7 of this Code to govern
22that term, the Board may:
23        (1) continue the existing term, with or without
24    modifying or enlarging the conditions; or
25        (2) parole or release the person to a half-way house;

 

 

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1    or
2        (3) revoke the parole, aftercare release, or mandatory
3    supervised release and reconfine the person for a term
4    computed in the following manner:
5            (i) (A) For those sentenced under the law in effect
6        prior to this amendatory Act of 1977, the recommitment
7        shall be for any portion of the imposed maximum term of
8        imprisonment or confinement which had not been served
9        at the time of parole and the parole term, less the
10        time elapsed between the parole of the person and the
11        commission of the violation for which parole was
12        revoked;
13            (B) Except as set forth in paragraph (C), for those
14        subject to mandatory supervised release under
15        paragraph (d) of Section 5-8-1 of this Code, the
16        recommitment shall be for the total mandatory
17        supervised release term, less the time elapsed between
18        the release of the person and the commission of the
19        violation for which mandatory supervised release is
20        revoked. The Board may also order that a prisoner serve
21        up to one year of the sentence imposed by the court
22        which was not served due to the accumulation of
23        sentence credit;
24            (C) For those subject to sex offender supervision
25        under clause (d)(4) of Section 5-8-1 of this Code, the
26        reconfinement period for violations of clauses (a)(3)

 

 

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1        through (b-1)(15) of Section 3-3-7 shall not exceed 2
2        years from the date of reconfinement;
3                 (ii) the person shall be given credit against
4            the term of reimprisonment or reconfinement for
5            time spent in custody since he or she was paroled
6            or released which has not been credited against
7            another sentence or period of confinement;
8                 (iii) (blank); persons committed under the
9            Juvenile Court Act or the Juvenile Court Act of
10            1987 may be continued under the existing term of
11            aftercare release with or without modifying the
12            conditions of aftercare release, released on
13            aftercare release to a group home or other
14            residential facility, or recommitted until the age
15            of 21 unless sooner terminated;
16                 (iv) this Section is subject to the release
17            under supervision and the reparole and rerelease
18            provisions of Section 3-3-10.
19    (b) The Board may revoke parole, aftercare release, or
20mandatory supervised release for violation of a condition for
21the duration of the term and for any further period which is
22reasonably necessary for the adjudication of matters arising
23before its expiration. The issuance of a warrant of arrest for
24an alleged violation of the conditions of parole, aftercare
25release, or mandatory supervised release shall toll the running
26of the term until the final determination of the charge. When

 

 

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1parole, aftercare release, or mandatory supervised release is
2not revoked that period shall be credited to the term, unless a
3community-based sanction is imposed as an alternative to
4revocation and reincarceration, including a diversion
5established by the Illinois Department of Corrections Parole
6Services Unit prior to the holding of a preliminary parole
7revocation hearing. Parolees who are diverted to a
8community-based sanction shall serve the entire term of parole
9or mandatory supervised release, if otherwise appropriate.
10    (b-5) The Board shall revoke parole, aftercare release, or
11mandatory supervised release for violation of the conditions
12prescribed in paragraph (7.6) of subsection (a) of Section
133-3-7.
14    (c) A person charged with violating a condition of parole,
15aftercare release, or mandatory supervised release shall have a
16preliminary hearing before a hearing officer designated by the
17Board to determine if there is cause to hold the person for a
18revocation hearing. However, no preliminary hearing need be
19held when revocation is based upon new criminal charges and a
20court finds probable cause on the new criminal charges or when
21the revocation is based upon a new criminal conviction and a
22certified copy of that conviction is available.
23    (d) Parole, aftercare release, or mandatory supervised
24release shall not be revoked without written notice to the
25offender setting forth the violation of parole, aftercare
26release, or mandatory supervised release charged against him or

 

 

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1her.
2    (e) A hearing on revocation shall be conducted before at
3least one member of the Prisoner Review Board. The Board may
4meet and order its actions in panels of 3 or more members. The
5action of a majority of the panel shall be the action of the
6Board. In consideration of persons committed to the Department
7of Juvenile Justice, the member hearing the matter and at least
8a majority of the panel shall be experienced in juvenile
9matters. A record of the hearing shall be made. At the hearing
10the offender shall be permitted to:
11        (1) appear and answer the charge; and
12        (2) bring witnesses on his or her behalf.
13    (f) The Board shall either revoke parole, aftercare
14release, or mandatory supervised release or order the person's
15term continued with or without modification or enlargement of
16the conditions.
17    (g) Parole, aftercare release, or mandatory supervised
18release shall not be revoked for failure to make payments under
19the conditions of parole or release unless the Board determines
20that such failure is due to the offender's willful refusal to
21pay.
22(Source: P.A. 97-697, eff. 6-22-12; 98-463, eff. 8-16-13;
2398-558, eff. 1-1-14.)
 
24    (730 ILCS 5/3-3-9.5 new)
25    Sec. 3-3-9.5. Revocation of aftercare release; revocation

 

 

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1hearing.
2    (a) If, prior to expiration or termination of the aftercare
3release term, a juvenile committed to the Department of
4Juvenile Justice under the Juvenile Court Act of 1987 violates
5a condition of release set by the Department under Section
63-2.5-95 of this Code, the Department may initiate revocation
7proceedings by issuing a violation warrant under Section
83-2.5-70 of this Code or by retaking of the releasee and
9returning him or her to a Department facility.
10    (b) The Department shall provide the releasee and the
11Prisoner Review Board with written notice of the alleged
12violation of aftercare release charged against him or her.
13    (c) The issuance of a warrant of arrest for an alleged
14violation of the conditions of aftercare release shall toll the
15running of the aftercare release term until the final
16determination of the alleged violation is made. If the Board
17finds that the youth has not violated a condition of aftercare
18release, that period shall be credited to the term.
19    (d) A person charged with violating a condition of
20aftercare release shall have a preliminary hearing before a
21hearing officer designated by the Board to determine if there
22is probable cause to hold the person for a revocation hearing.
23However, no preliminary hearing need be held when revocation is
24based upon new criminal charges and a court finds probable
25cause on the new criminal charges or when the revocation is
26based upon a new criminal conviction or a finding of

 

 

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1delinquency and a certified copy of that conviction is
2available.
3    (e) At the preliminary hearing, the Board may order the
4releasee held in Department custody or released under
5supervision pending a final revocation decision of the Board. A
6youth who is held in Department custody, shall be released and
7discharged upon the expiration of the maximum term permitted
8under the Juvenile Court Act of 1987.
9    (f) A hearing on revocation shall be conducted before at
10least one member of the Prisoner Review Board. The Board may
11meet and order its actions in panels of 3 or more members. The
12action of a majority of the panel shall be the action of the
13Board. The member hearing the matter and at least a majority of
14the panel shall be experienced in juvenile matters. A record of
15the hearing shall be made. At the hearing the releasee shall be
16permitted to:
17        (1) appear and answer the charge; and
18        (2) bring witnesses on his or her behalf.
19    (g) If the Board finds that the juvenile has not violated a
20condition of aftercare release, the Board shall order the
21juvenile rereleased and aftercare release continued under the
22existing term and may make specific recommendations to the
23Department regarding appropriate conditions of release.
24    (h) If the Board finds that the juvenile has violated a
25condition of aftercare release, the Board shall either:
26        (1) revoke aftercare release and order the juvenile

 

 

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1    reconfined; or
2        (2) order the juvenile rereleased to serve a specified
3    aftercare release term not to exceed the full term
4    permitted under the Juvenile Court Act of 1987 and may make
5    specific recommendations to the Department regarding
6    appropriate conditions of rerelease.
7    (i) Aftercare release shall not be revoked for failure to
8make payments under the conditions of release unless the Board
9determines that the failure is due to the juvenile's willful
10refusal to pay.
 
11    (730 ILCS 5/3-3-10)  (from Ch. 38, par. 1003-3-10)
12    Sec. 3-3-10. Eligibility after Revocation; Release under
13Supervision.
14    (a) A person whose parole, aftercare release, or mandatory
15supervised release has been revoked may be reparoled or
16rereleased by the Board at any time to the full parole,
17aftercare release, or mandatory supervised release term under
18Section 3-3-8, except that the time which the person shall
19remain subject to the Board shall not exceed (1) the imposed
20maximum term of imprisonment or confinement and the parole term
21for those sentenced under the law in effect prior to the
22effective date of this amendatory Act of 1977 or (2) the term
23of imprisonment imposed by the court and the mandatory
24supervised release term for those sentenced under the law in
25effect on and after such effective date.

 

 

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1    (b) If the Board sets no earlier release date:
2        (1) A person sentenced for any violation of law which
3    occurred before January 1, 1973, shall be released under
4    supervision 6 months prior to the expiration of his or her
5    maximum sentence of imprisonment less good time credit
6    under Section 3-6-3.
7        (2) Any person who has violated the conditions of his
8    or her parole and been reconfined under Section 3-3-9 shall
9    be released under supervision 6 months prior to the
10    expiration of the term of his or her reconfinement under
11    paragraph (a) of Section 3-3-9 less good time credit under
12    Section 3-6-3. This paragraph shall not apply to persons
13    serving terms of mandatory supervised release or aftercare
14    release.
15        (3) Nothing herein shall require the release of a
16    person who has violated his or her parole within 6 months
17    of the date when his or her release under this Section
18    would otherwise be mandatory.
19    (c) Persons released under this Section shall be subject to
20Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
213-14-3, and 3-14-4.
22    (d) This Section shall not apply to a juvenile committed to
23the Department of Juvenile Justice under the Juvenile Court Act
24of 1987 serving terms of aftercare release.
25(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
 

 

 

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1    (730 ILCS 5/3-10-7)  (from Ch. 38, par. 1003-10-7)
2    Sec. 3-10-7. Interdepartment Interdivisional Transfers.
3    (a) (Blank). In any case where a minor was originally
4prosecuted under the provisions of the Criminal Code of 1961 or
5the Criminal Code of 2012 and sentenced under the provisions of
6this Act pursuant to Section 2-7 of the Juvenile Court Act or
7Section 5-805 of the Juvenile Court Act of 1987 and committed
8to the Department of Juvenile Justice under Section 5-8-6, the
9Department of Juvenile Justice shall, within 30 days of the
10date that the minor reaches the age of 17, send formal
11notification to the sentencing court and the State's Attorney
12of the county from which the minor was sentenced indicating the
13day upon which the minor offender will achieve the age of 17.
14Within 90 days of receipt of that notice, the sentencing court
15shall conduct a hearing, pursuant to the provisions of
16subsection (c) of this Section to determine whether or not the
17minor shall continue to remain under the auspices of the
18Department of Juvenile Justice or be transferred to the
19Department of Corrections.
20    The minor shall be served with notice of the date of the
21hearing, shall be present at the hearing, and has the right to
22counsel at the hearing. The minor, with the consent of his or
23her counsel or guardian may waive his presence at hearing.
24    (b) (Blank). Unless sooner paroled under Section 3-3-3, the
25confinement of a minor person committed for an indeterminate
26sentence in a criminal proceeding shall terminate at the

 

 

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1expiration of the maximum term of imprisonment, and he shall
2thereupon be released to serve a period of parole under Section
35-8-1, but if the maximum term of imprisonment does not expire
4until after his 21st birthday, he shall continue to be subject
5to the control and custody of the Department of Juvenile
6Justice, and on his 21st birthday, he shall be transferred to
7the Department of Corrections. If such person is on parole on
8his 21st birthday, his parole supervision may be transferred to
9the Department of Corrections.
10    (c) (Blank). Any interdivisional transfer hearing
11conducted pursuant to subsection (a) of this Section shall
12consider all available information which may bear upon the
13issue of transfer. All evidence helpful to the court in
14determining the question of transfer, including oral and
15written reports containing hearsay, may be relied upon to the
16extent of its probative value, even though not competent for
17the purposes of an adjudicatory hearing. The court shall
18consider, along with any other relevant matter, the following:
19        1. The nature of the offense for which the minor was
20    found guilty and the length of the sentence the minor has
21    to serve and the record and previous history of the minor.
22        2. The record of the minor's adjustment within the
23    Department of Juvenile Justice, including, but not limited
24    to, reports from the minor's counselor, any escapes,
25    attempted escapes or violent or disruptive conduct on the
26    part of the minor, any tickets received by the minor,

 

 

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1    summaries of classes attended by the minor, and any record
2    of work performed by the minor while in the institution.
3        3. The relative maturity of the minor based upon the
4    physical, psychological and emotional development of the
5    minor.
6        4. The record of the rehabilitative progress of the
7    minor and an assessment of the vocational potential of the
8    minor.
9        5. An assessment of the necessity for transfer of the
10    minor, including, but not limited to, the availability of
11    space within the Department of Corrections, the
12    disciplinary and security problem which the minor has
13    presented to the Department of Juvenile Justice and the
14    practicability of maintaining the minor in a juvenile
15    facility, whether resources have been exhausted within the
16    Department of Juvenile Justice, the availability of
17    rehabilitative and vocational programs within the
18    Department of Corrections, and the anticipated ability of
19    the minor to adjust to confinement within an adult
20    institution based upon the minor's physical size and
21    maturity.
22    All relevant factors considered under this subsection need
23not be resolved against the juvenile in order to justify such
24transfer. Access to social records, probation reports or any
25other reports which are considered by the court for the purpose
26of transfer shall be made available to counsel for the juvenile

 

 

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1at least 30 days prior to the date of the transfer hearing. The
2Sentencing Court, upon granting a transfer order, shall
3accompany such order with a statement of reasons.
4    (d) (Blank). Whenever the Director of Juvenile Justice or
5his designee determines that the interests of safety, security
6and discipline require the transfer to the Department of
7Corrections of a person 17 years or older who was prosecuted
8under the provisions of the Criminal Code of 1961 or the
9Criminal Code of 2012 and sentenced under the provisions of
10this Act pursuant to Section 2-7 of the Juvenile Court Act or
11Section 5-805 of the Juvenile Court Act of 1987 and committed
12to the Department of Juvenile Justice under Section 5-8-6, the
13Director or his designee may authorize the emergency transfer
14of such person, unless the transfer of the person is governed
15by subsection (e) of this Section. The sentencing court shall
16be provided notice of any emergency transfer no later than 3
17days after the emergency transfer. Upon motion brought within
1860 days of the emergency transfer by the sentencing court or
19any party, the sentencing court may conduct a hearing pursuant
20to the provisions of subsection (c) of this Section in order to
21determine whether the person shall remain confined in the
22Department of Corrections.
23    (e) The Director of Juvenile Justice or his designee may
24authorize the permanent transfer to the Department of
25Corrections of any person 18 years or older who was prosecuted
26under the provisions of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012 and sentenced under the provisions of
2this Act pursuant to Section 2-7 of the Juvenile Court Act or
3Section 5-805 of the Juvenile Court Act of 1987 and committed
4to the Department of Juvenile Justice under Section 5-8-6 of
5this Act. The Director of Juvenile Justice or his designee
6shall be governed by the following factors in determining
7whether to authorize the permanent transfer of the person to
8the Department of Corrections:
9        1. The nature of the offense for which the person was
10    found guilty and the length of the sentence the person has
11    to serve and the record and previous history of the person.
12        2. The record of the person's adjustment within the
13    Department of Juvenile Justice, including, but not limited
14    to, reports from the person's counselor, any escapes,
15    attempted escapes or violent or disruptive conduct on the
16    part of the person, any tickets received by the person,
17    summaries of classes attended by the person, and any record
18    of work performed by the person while in the institution.
19        3. The relative maturity of the person based upon the
20    physical, psychological and emotional development of the
21    person.
22        4. The record of the rehabilitative progress of the
23    person and an assessment of the vocational potential of the
24    person.
25        5. An assessment of the necessity for transfer of the
26    person, including, but not limited to, the availability of

 

 

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1    space within the Department of Corrections, the
2    disciplinary and security problem which the person has
3    presented to the Department of Juvenile Justice and the
4    practicability of maintaining the person in a juvenile
5    facility, whether resources have been exhausted within the
6    Department of Juvenile Justice, the availability of
7    rehabilitative and vocational programs within the
8    Department of Corrections, and the anticipated ability of
9    the person to adjust to confinement within an adult
10    institution based upon the person's physical size and
11    maturity.
12(Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)
 
13    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
14    Sec. 5-8-6. Place of Confinement.
15    (a) Offenders sentenced to a term of imprisonment for a
16felony shall be committed to the penitentiary system of the
17Department of Corrections. However, such sentence shall not
18limit the powers of the Department of Children and Family
19Services in relation to any child under the age of one year in
20the sole custody of a person so sentenced, nor in relation to
21any child delivered by a female so sentenced while she is so
22confined as a consequence of such sentence. A person sentenced
23for a felony may be assigned by the Department of Corrections
24to any of its institutions, facilities or programs.
25    (b) Offenders sentenced to a term of imprisonment for less

 

 

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1than one year shall be committed to the custody of the sheriff.
2A person committed to the Department of Corrections, prior to
3July 14, 1983, for less than one year may be assigned by the
4Department to any of its institutions, facilities or programs.
5    (c) All offenders under 18 17 years of age when sentenced
6to imprisonment shall be committed to the Department of
7Juvenile Justice and the court in its order of commitment shall
8set a definite term. Such order of commitment shall be the
9sentence of the court which may be amended by the court while
10jurisdiction is retained; and such sentence shall apply
11whenever the offender sentenced is in the control and custody
12of the Department of Corrections. The provisions of Section
133-3-3 shall be a part of such commitment as fully as though
14written in the order of commitment. The place of confinement
15for sentences imposed before the effective date of this
16amendatory Act of the 99th General Assembly are not affected or
17abated by this amendatory Act of the 99th General Assembly. The
18committing court shall retain jurisdiction of the subject
19matter and the person until he or she reaches the age of 21
20unless earlier discharged. However, the Department of Juvenile
21Justice shall, after a juvenile has reached 17 years of age,
22petition the court to conduct a hearing pursuant to subsection
23(c) of Section 3-10-7 of this Code.
24    (d) No defendant shall be committed to the Department of
25Corrections for the recovery of a fine or costs.
26    (e) When a court sentences a defendant to a term of

 

 

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1imprisonment concurrent with a previous and unexpired sentence
2of imprisonment imposed by any district court of the United
3States, it may commit the offender to the custody of the
4Attorney General of the United States. The Attorney General of
5the United States, or the authorized representative of the
6Attorney General of the United States, shall be furnished with
7the warrant of commitment from the court imposing sentence,
8which warrant of commitment shall provide that, when the
9offender is released from federal confinement, whether by
10parole or by termination of sentence, the offender shall be
11transferred by the Sheriff of the committing county to the
12Department of Corrections. The court shall cause the Department
13to be notified of such sentence at the time of commitment and
14to be provided with copies of all records regarding the
15sentence.
16(Source: P.A. 94-696, eff. 6-1-06.)
 
17    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
18    Sec. 5-8A-3. Application.
19    (a) Except as provided in subsection (d), a person charged
20with or convicted of an excluded offense may not be placed in
21an electronic home detention program, except for bond pending
22trial or appeal or while on parole, aftercare release, or
23mandatory supervised release.
24    (b) A person serving a sentence for a conviction of a Class
251 felony, other than an excluded offense, may be placed in an

 

 

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1electronic home detention program for a period not to exceed
2the last 90 days of incarceration.
3    (c) A person serving a sentence for a conviction of a Class
4X felony, other than an excluded offense, may be placed in an
5electronic home detention program for a period not to exceed
6the last 90 days of incarceration, provided that the person was
7sentenced on or after the effective date of this amendatory Act
8of 1993 and provided that the court has not prohibited the
9program for the person in the sentencing order.
10    (d) A person serving a sentence for conviction of an
11offense other than for predatory criminal sexual assault of a
12child, aggravated criminal sexual assault, criminal sexual
13assault, aggravated criminal sexual abuse, or felony criminal
14sexual abuse, may be placed in an electronic home detention
15program for a period not to exceed the last 12 months of
16incarceration, provided that (i) the person is 55 years of age
17or older; (ii) the person is serving a determinate sentence;
18(iii) the person has served at least 25% of the sentenced
19prison term; and (iv) placement in an electronic home detention
20program is approved by the Prisoner Review Board or the
21Department of Juvenile Justice.
22    (e) A person serving a sentence for conviction of a Class
232, 3 or 4 felony offense which is not an excluded offense may
24be placed in an electronic home detention program pursuant to
25Department administrative directives.
26    (f) Applications for electronic home detention may include

 

 

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1the following:
2        (1) pretrial or pre-adjudicatory detention;
3        (2) probation;
4        (3) conditional discharge;
5        (4) periodic imprisonment;
6        (5) parole, aftercare release, or mandatory supervised
7    release;
8        (6) work release;
9        (7) furlough; or
10        (8) post-trial incarceration.
11    (g) A person convicted of an offense described in clause
12(4) or (5) of subsection (d) of Section 5-8-1 of this Code
13shall be placed in an electronic home detention program for at
14least the first 2 years of the person's mandatory supervised
15release term.
16(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
17    (730 ILCS 5/5-8A-7)
18    Sec. 5-8A-7. Domestic violence surveillance program. If
19the Prisoner Review Board, Department of Corrections,
20Department of Juvenile Justice, or court (the supervising
21authority) orders electronic surveillance as a condition of
22parole, aftercare release, mandatory supervised release, early
23release, probation, or conditional discharge for a violation of
24an order of protection or as a condition of bail for a person
25charged with a violation of an order of protection, the

 

 

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1supervising authority shall use the best available global
2positioning technology to track domestic violence offenders.
3Best available technology must have real-time and interactive
4capabilities that facilitate the following objectives: (1)
5immediate notification to the supervising authority of a breach
6of a court ordered exclusion zone; (2) notification of the
7breach to the offender; and (3) communication between the
8supervising authority, law enforcement, and the victim,
9regarding the breach.
10(Source: P.A. 98-558, eff. 1-1-14.)
 
11    Section 35. The Open Parole Hearings Act is amended by
12changing Sections 5, 10, 15, and 20 as follows:
 
13    (730 ILCS 105/5)  (from Ch. 38, par. 1655)
14    Sec. 5. Definitions. As used in this Act:
15    (a) "Applicant" means an inmate who is being considered for
16parole or aftercare release by the Prisoner Review Board.
17    (a-1) "Aftercare releasee" means a person released from the
18Department of Juvenile Justice on aftercare release subject to
19aftercare revocation proceedings.
20    (b) "Board" means the Prisoner Review Board as established
21in Section 3-3-1 of the Unified Code of Corrections.
22    (c) "Parolee" means a person subject to parole revocation
23proceedings.
24    (d) "Parole or aftercare release hearing" means the formal

 

 

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1hearing and determination of an inmate being considered for
2release from incarceration on parole community supervision.
3    (e) "Parole, aftercare release, or mandatory supervised
4release revocation hearing" means the formal hearing and
5determination of allegations that a parolee, aftercare
6releasee, or mandatory supervised releasee has violated the
7conditions of his or her release agreement.
8    (f) "Victim" means a victim or witness of a violent crime
9as defined in subsection (a) of Section 3 of the Bill of Rights
10for Victims and Witnesses of Violent Crime Act, or any person
11legally related to the victim by blood, marriage, adoption, or
12guardianship, or any friend of the victim, or any concerned
13citizen.
14    (g) "Violent crime" means a crime defined in subsection (c)
15of Section 3 of the Bill of Rights for Victims and Witnesses of
16Violent Crime Act.
17(Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)
 
18    (730 ILCS 105/10)  (from Ch. 38, par. 1660)
19    Sec. 10. Victim's statements.
20    (a) Upon request of the victim, the State's Attorney shall
21forward a copy of any statement presented at the time of trial
22to the Prisoner Review Board to be considered at the time of a
23parole or aftercare release hearing.
24    (b) The victim may enter a statement either oral, written,
25on video tape, or other electronic means in the form and manner

 

 

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1described by the Prisoner Review Board to be considered at the
2time of a parole or aftercare release consideration hearing.
3(Source: P.A. 98-558, eff. 1-1-14.)
 
4    (730 ILCS 105/15)  (from Ch. 38, par. 1665)
5    Sec. 15. Open hearings.
6    (a) The Board may restrict the number of individuals
7allowed to attend parole or aftercare release, or parole or
8aftercare release revocation hearings in accordance with
9physical limitations, security requirements of the hearing
10facilities or those giving repetitive or cumulative testimony.
11The Board may also restrict attendance at an aftercare release
12or aftercare release revocation hearing in order to protect the
13confidentiality of the youth.
14    (b) The Board may deny admission or continued attendance at
15parole or aftercare release hearings, or parole or aftercare
16release revocation hearings to individuals who:
17        (1) threaten or present danger to the security of the
18    institution in which the hearing is being held;
19        (2) threaten or present a danger to other attendees or
20    participants; or
21        (3) disrupt the hearing.
22    (c) Upon formal action of a majority of the Board members
23present, the Board may close parole or aftercare release
24hearings and parole or aftercare release revocation hearings in
25order to:

 

 

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1        (1) deliberate upon the oral testimony and any other
2    relevant information received from applicants, parolees,
3    releasees, victims, or others; or
4        (2) provide applicants, releasees, and parolees the
5    opportunity to challenge information other than that which
6    if the person's identity were to be exposed would possibly
7    subject them to bodily harm or death, which they believe
8    detrimental to their parole or aftercare release
9    determination hearing or revocation proceedings.
10(Source: P.A. 98-558, eff. 1-1-14.)
 
11    (730 ILCS 105/20)  (from Ch. 38, par. 1670)
12    Sec. 20. Finality of Board decisions. A Board decision
13concerning parole or aftercare release, or parole or aftercare
14release revocation shall be final at the time the decision is
15delivered to the inmate, subject to any rehearing granted under
16Board rules.
17(Source: P.A. 98-558, eff. 1-1-14.)