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Full Text of HB3014  102nd General Assembly

HB3014 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3014

 

Introduced 2/19/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7

    Amends the Unified Code of Corrections. Provides that, if the Prisoner Review Board requires that a person undergo medical, psychiatric, drug addiction, or alcoholism treatment as a condition of parole or mandatory supervised release, evaluation for that treatment must be completed within 30 days after release and the person must complete treatment as recommended in the evaluation.


LRB102 04216 RLC 14233 b

 

 

A BILL FOR

 

HB3014LRB102 04216 RLC 14233 b

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

 

 

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

 

 

HB3014- 3 -LRB102 04216 RLC 14233 b

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

 

 

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

 

 

HB3014- 5 -LRB102 04216 RLC 14233 b

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

 

 

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

 

 

HB3014- 7 -LRB102 04216 RLC 14233 b

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

 

 

HB3014- 8 -LRB102 04216 RLC 14233 b

1    his or her parole agent or of the Department of
2    Corrections;
3        (15) follow any specific instructions provided by the
4    parole agent that are consistent with furthering
5    conditions set and approved by the Prisoner Review Board
6    or by law, exclusive of placement on electronic detention,
7    to achieve the goals and objectives of his or her parole or
8    mandatory supervised release or to protect the public.
9    These instructions by the parole agent may be modified at
10    any time, as the agent 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
15    minors are present, not participate in a holiday event
16    involving children under 18 years of age, such as
17    distributing candy or other items to children on
18    Halloween, wearing a Santa Claus costume on or preceding
19    Christmas, being employed as a department store Santa
20    Claus, or wearing an Easter Bunny costume on or preceding
21    Easter;
22        (17) if convicted of a violation of an order of
23    protection under Section 12-3.4 or Section 12-30 of the
24    Criminal Code of 1961 or the Criminal Code of 2012, be
25    placed under electronic surveillance as provided in
26    Section 5-8A-7 of this Code;

 

 

HB3014- 9 -LRB102 04216 RLC 14233 b

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

 

 

HB3014- 10 -LRB102 04216 RLC 14233 b

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

 

 

HB3014- 11 -LRB102 04216 RLC 14233 b

1        or a Class X felony or Class 1 felony that is not a
2        violation of the Cannabis Control Act, the Illinois
3        Controlled Substances Act, or the Methamphetamine
4        Control and Community Protection Act. Low level
5        supervision shall require the subject to check in with
6        the supervising officer via phone or other electronic
7        means. Notwithstanding this placement on low level
8        supervision, placement of the subject on electronic
9        monitoring or detention shall not occur unless it is
10        required by law or expressly ordered or approved by
11        the Prisoner Review Board.
12    (b) The Board may in addition to other conditions require
13that the subject:
14        (1) work or pursue a course of study or vocational
15    training;
16        (2) undergo medical or psychiatric treatment, or
17    treatment for drug addiction or alcoholism. Evaluation for
18    that treatment must be completed within 30 days after
19    release and the subject must complete treatment as
20    recommended in the evaluation;
21        (3) attend or reside in a facility established for the
22    instruction or residence of persons on probation or
23    parole;
24        (4) support his or her dependents;
25        (5) (blank);
26        (6) (blank);

 

 

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

 

 

HB3014- 13 -LRB102 04216 RLC 14233 b

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

 

 

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

 

 

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

 

 

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

 

 

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1Review Board may modify or enlarge the conditions of parole or
2mandatory supervised release.
3    (e) The Department shall inform all offenders committed to
4the Department of the optional services available to them upon
5release and shall assist inmates in availing themselves of
6such optional services upon their release on a voluntary
7basis.
8    (f) (Blank).
9(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
10100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)