Illinois General Assembly - Full Text of HB1293
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Full Text of HB1293  95th General Assembly



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1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-3-7 as follows:
6     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
8 Release.
9     (a) The conditions of parole or mandatory supervised
10 release shall be such as the Prisoner Review Board deems
11 necessary to assist the subject in leading a law-abiding life.
12 The conditions of every parole and mandatory supervised release
13 are that the subject:
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 of
7     Corrections as soon as permitted by the arresting authority
8     but in no event later than 24 hours after release from
9     custody;
10         (7.5) if convicted of a sex offense as defined in the
11     Sex Offender Management Board Act, the individual shall
12     undergo and successfully complete sex offender treatment
13     conducted in conformance with the standards developed by
14     the Sex Offender Management Board Act by a treatment
15     provider approved by the Board;
16         (7.6) if convicted of a sex offense as defined in the
17     Sex Offender Management Board Act, refrain from residing at
18     the same address or in the same condominium unit or
19     apartment unit or in the same condominium complex or
20     apartment complex with another person he or she knows or
21     reasonably should know is a convicted sex offender or has
22     been placed on supervision for a sex offense; the
23     provisions of this paragraph do not apply to a person
24     convicted of a sex offense who is placed in a Department of
25     Corrections licensed transitional housing facility for sex
26     offenders, or is in any facility operated or licensed by



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1     the Department of Children and Family Services or by the
2     Department of Human Services, or is in any licensed medical
3     facility;
4         (7.7) if convicted for an offense that would qualify
5     the accused as a sexual predator under the Sex Offender
6     Registration Act on or after the effective date of this
7     amendatory Act of the 94th General Assembly, wear an
8     approved electronic monitoring device as defined in
9     Section 5-8A-2 for the duration of the person's parole,
10     mandatory supervised release term, or extended mandatory
11     supervised release term, provided funding is appropriated
12     by the General Assembly;
13         (8) obtain permission of an agent of the Department of
14     Corrections before leaving the State of Illinois;
15         (9) obtain permission of an agent of the Department of
16     Corrections before changing his or her residence or
17     employment;
18         (10) consent to a search of his or her person,
19     property, or residence under his or her control;
20         (11) refrain from the use or possession of narcotics or
21     other controlled substances in any form, or both, or any
22     paraphernalia related to those substances and submit to a
23     urinalysis test as instructed by a parole agent of the
24     Department of Corrections;
25         (12) not frequent places where controlled substances
26     are illegally sold, used, distributed, or administered;



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1         (13) not knowingly associate with other persons on
2     parole or mandatory supervised release without prior
3     written permission of his or her parole agent and not
4     associate with persons who are members of an organized gang
5     as that term is defined in the Illinois Streetgang
6     Terrorism Omnibus Prevention Act;
7         (14) provide true and accurate information, as it
8     relates to his or her adjustment in the community while on
9     parole or mandatory supervised release or to his or her
10     conduct while incarcerated, in response to inquiries by his
11     or her parole agent or of the Department of Corrections;
12         (15) follow any specific instructions provided by the
13     parole agent that are consistent with furthering
14     conditions set and approved by the Prisoner Review Board or
15     by law, exclusive of placement on electronic detention, to
16     achieve the goals and objectives of his or her parole or
17     mandatory supervised release or to protect the public.
18     These instructions by the parole agent may be modified at
19     any time, as the agent deems appropriate; and
20         (16) if convicted of a sex offense as defined in
21     subsection (a-5) of Section 3-1-2 of this Code, unless the
22     offender is a parent or guardian of the person under 18
23     years of age present in the home and no non-familial minors
24     are present, not participate in a holiday event involving
25     children under 18 years of age, such as distributing candy
26     or other items to children on Halloween, wearing a Santa



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1     Claus costume on or preceding Christmas, being employed as
2     a department store Santa Claus, or wearing an Easter Bunny
3     costume on or preceding Easter.
4     (b) The Board may in addition to other conditions require
5 that the subject:
6         (1) work or pursue a course of study or vocational
7     training;
8         (2) undergo medical or psychiatric treatment, or
9     treatment for drug addiction or alcoholism;
10         (3) attend or reside in a facility established for the
11     instruction or residence of persons on probation or parole;
12         (4) support his dependents;
13         (5) (blank);
14         (6) (blank);
15         (7) comply with the terms and conditions of an order of
16     protection issued pursuant to the Illinois Domestic
17     Violence Act of 1986, enacted by the 84th General Assembly,
18     or an order of protection issued by the court of another
19     state, tribe, or United States territory; and
20         (8) in addition, if a minor:
21             (i) reside with his parents or in a foster home;
22             (ii) attend school;
23             (iii) attend a non-residential program for youth;
24         or
25             (iv) contribute to his own support at home or in a
26         foster home.



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1     (b-1) In addition to the conditions set forth in
2 subsections (a) and (b), persons required to register as sex
3 offenders pursuant to the Sex Offender Registration Act, upon
4 release from the custody of the Illinois Department of
5 Corrections, may be required by the Board to comply with the
6 following specific conditions of 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 prior to accepting employment or pursuing a
14     course of study or vocational training and notify the
15     Department prior to any change in employment, study, or
16     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;
21         (6) be electronically monitored for a minimum of 12
22     months from the date of release as determined by the Board;
23         (7) refrain from entering into a designated geographic
24     area except upon terms approved in advance by an agent of
25     the Department of Corrections. The terms may include
26     consideration of the purpose of the entry, the time of day,



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



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1     congregate without advance approval of an agent of the
2     Department of Corrections and immediately report any
3     incidental contact with minor children to the Department;
4         (13) not possess or have under his or her control
5     certain specified items of contraband related to the
6     incidence of sexually offending as determined by an agent
7     of the Department of Corrections;
8         (14) may be required to provide a written daily log of
9     activities if directed by an agent of the Department of
10     Corrections;
11         (15) comply with all other special conditions that the
12     Department may impose that restrict the person from
13     high-risk situations and limit access to potential
14     victims.
15     (c) The conditions under which the parole or mandatory
16 supervised release is to be served shall be communicated to the
17 person in writing prior to his release, and he shall sign the
18 same before release. A signed copy of these conditions,
19 including a copy of an order of protection where one had been
20 issued by the criminal court, shall be retained by the person
21 and another copy forwarded to the officer in charge of his
22 supervision.
23     (d) After a hearing under Section 3-3-9, the Prisoner
24 Review Board may modify or enlarge the conditions of parole or
25 mandatory supervised release.
26     (e) The Department shall inform all offenders committed to



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1 the Department of the optional services available to them upon
2 release and shall assist inmates in availing themselves of such
3 optional services upon their release on a voluntary basis.
4     (f) When the subject is in compliance with all conditions
5 of his or her parole or mandatory supervised release, the
6 subject shall receive a reduction of the period of his or her
7 parole or mandatory supervised release of 90 days upon passage
8 of the high school level Test of General Educational
9 Development during the period of his or her parole or mandatory
10 supervised release. This reduction in the period of a subject's
11 term of parole or mandatory supervised release shall be
12 available only to subjects who have not previously earned a
13 high school diploma or who have not previously passed the high
14 school level Test of General Educational Development.
15 (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159,
16 eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)