Illinois General Assembly - Full Text of HB0327
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Full Text of HB0327  96th General Assembly

HB0327enr 96TH 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     (Text of Section after amendment by P.A. 95-983)
8     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
9 Release.
10     (a) The conditions of parole or mandatory supervised
11 release shall be such as the Prisoner Review Board deems
12 necessary to assist the subject in leading a law-abiding life.
13 The conditions of every parole and mandatory supervised release
14 are that the subject:
15         (1) not violate any criminal statute of any
16     jurisdiction during the parole or release term;
17         (2) refrain from possessing a firearm or other
18     dangerous weapon;
19         (3) report to an agent of the Department of
20     Corrections;
21         (4) permit the agent to visit him or her at his or her
22     home, employment, or elsewhere to the extent necessary for
23     the agent to discharge his or her duties;

 

 

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

 

 

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1     offenders, or is in any facility operated or licensed by
2     the Department of Children and Family Services or by the
3     Department of Human Services, or is in any licensed medical
4     facility;
5         (7.7) if convicted for an offense that would qualify
6     the accused as a sexual predator under the Sex Offender
7     Registration Act on or after the effective date of this
8     amendatory Act of the 94th General Assembly, wear an
9     approved electronic monitoring device as defined in
10     Section 5-8A-2 for the duration of the person's parole,
11     mandatory supervised release term, or extended mandatory
12     supervised release term and if convicted for an offense of
13     criminal sexual assault, aggravated criminal sexual
14     assault, predatory criminal sexual assault of a child,
15     criminal sexual abuse, aggravated criminal sexual abuse,
16     or ritualized abuse of a child committed on or after the
17     effective date of this amendatory Act of the 96th General
18     Assembly when the victim was under 18 years of age at the
19     time of the commission of the offense and the defendant
20     used force or the threat of force in the commission of the
21     offense wear an approved electronic monitoring device as
22     defined in Section 5-8A-2 that has Global Positioning
23     System (GPS) capability for the duration of the person’s
24     parole, mandatory supervised release term, or extended
25     mandatory supervised release term;
26         (7.8) if convicted for an offense committed on or after

 

 

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1     the effective date of this amendatory Act of the 95th
2     General Assembly that would qualify the accused as a child
3     sex offender as defined in Section 11-9.3 or 11-9.4 of the
4     Criminal Code of 1961, refrain from communicating with or
5     contacting, by means of the Internet, a person who is not
6     related to the accused and whom the accused reasonably
7     believes to be under 18 years of age; for purposes of this
8     paragraph (7.8), "Internet" has the meaning ascribed to it
9     in Section 16J-5 of the Criminal Code of 1961; and a person
10     is not related to the accused if the person is not: (i) the
11     spouse, brother, or sister of the accused; (ii) a
12     descendant of the accused; (iii) a first or second cousin
13     of the accused; or (iv) a step-child or adopted child of
14     the accused;
15         (7.9) if convicted under Section 11-6, 11-20.1,
16     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
17     search of computers, PDAs, cellular phones, and other
18     devices under his or her control that are capable of
19     accessing the Internet or storing electronic files, in
20     order to confirm Internet protocol addresses reported in
21     accordance with the Sex Offender Registration Act and
22     compliance with conditions in this Act;
23         (7.10) if convicted for an offense that would qualify
24     the accused as a sex offender or sexual predator under the
25     Sex Offender Registration Act on or after the effective
26     date of this amendatory Act of the 95th General Assembly,

 

 

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1     not possess prescription drugs for erectile dysfunction;
2         (7.11) if convicted for an offense under Section 11-6,
3     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
4     Code of 1961, or any attempt to commit any of these
5     offenses, committed on or after June 1, 2009 (the effective
6     date of Public Act 95-983) this amendatory Act of the 95th
7     General Assembly:
8             (i) not access or use a computer or any other
9         device with Internet capability without the prior
10         written approval of the Department;
11             (ii) submit to periodic unannounced examinations
12         of the offender's computer or any other device with
13         Internet capability by the offender's supervising
14         agent, a law enforcement officer, or assigned computer
15         or information technology specialist, including the
16         retrieval and copying of all data from the computer or
17         device and any internal or external peripherals and
18         removal of such information, equipment, or device to
19         conduct a more thorough inspection;
20             (iii) submit to the installation on the offender's
21         computer or device with Internet capability, at the
22         offender's expense, of one or more hardware or software
23         systems to monitor the Internet use; and
24             (iv) submit to any other appropriate restrictions
25         concerning the offender's use of or access to a
26         computer or any other device with Internet capability

 

 

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1         imposed by the Board, the Department or the offender's
2         supervising agent;
3         (8) obtain permission of an agent of the Department of
4     Corrections before leaving the State of Illinois;
5         (9) obtain permission of an agent of the Department of
6     Corrections before changing his or her residence or
7     employment;
8         (10) consent to a search of his or her person,
9     property, or residence under his or her control;
10         (11) refrain from the use or possession of narcotics or
11     other controlled substances in any form, or both, or any
12     paraphernalia related to those substances and submit to a
13     urinalysis test as instructed by a parole agent of the
14     Department of Corrections;
15         (12) not frequent places where controlled substances
16     are illegally sold, used, distributed, or administered;
17         (13) not knowingly associate with other persons on
18     parole or mandatory supervised release without prior
19     written permission of his or her parole agent and not
20     associate with persons who are members of an organized gang
21     as that term is defined in the Illinois Streetgang
22     Terrorism Omnibus Prevention 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 his

 

 

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

 

 

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1     training;
2         (2) undergo medical or psychiatric treatment, or
3     treatment for drug addiction or alcoholism;
4         (3) attend or reside in a facility established for the
5     instruction or residence of persons on probation or parole;
6         (4) support his dependents;
7         (5) (blank);
8         (6) (blank);
9         (7) comply with the terms and conditions of an order of
10     protection issued pursuant to the Illinois Domestic
11     Violence Act of 1986, enacted by the 84th General Assembly,
12     or an order of protection issued by the court of another
13     state, tribe, or United States territory;
14         (7.5) if convicted for an offense committed on or after
15     the effective date of this amendatory Act of the 95th
16     General Assembly that would qualify the accused as a child
17     sex offender as defined in Section 11-9.3 or 11-9.4 of the
18     Criminal Code of 1961, refrain from communicating with or
19     contacting, by means of the Internet, a person who is
20     related to the accused and whom the accused reasonably
21     believes to be under 18 years of age; for purposes of this
22     paragraph (7.5), "Internet" has the meaning ascribed to it
23     in Section 16J-5 of the Criminal Code of 1961; and a person
24     is related to the accused if the person is: (i) the spouse,
25     brother, or sister of the accused; (ii) a descendant of the
26     accused; (iii) a first or second cousin of the accused; or

 

 

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1     (iv) a step-child or adopted child of the accused;
2         (7.6) if convicted for an offense committed on or after
3     June 1, 2009 (the effective date of Public Act 95-983) this
4     amendatory Act of the 95th General Assembly that would
5     qualify as a sex offense as defined in the Sex Offender
6     Registration Act:
7             (i) not access or use a computer or any other
8         device with Internet capability without the prior
9         written approval of the Department;
10             (ii) submit to periodic unannounced examinations
11         of the offender's computer or any other device with
12         Internet capability by the offender's supervising
13         agent, a law enforcement officer, or assigned computer
14         or information technology specialist, including the
15         retrieval and copying of all data from the computer or
16         device and any internal or external peripherals and
17         removal of such information, equipment, or device to
18         conduct a more thorough inspection;
19             (iii) submit to the installation on the offender's
20         computer or device with Internet capability, at the
21         offender's expense, of one or more hardware or software
22         systems to monitor the Internet use; and
23             (iv) submit to any other appropriate restrictions
24         concerning the offender's use of or access to a
25         computer or any other device with Internet capability
26         imposed by the Board, the Department or the offender's

 

 

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1         supervising agent; and
2         (8) in addition, if a minor:
3             (i) reside with his parents or in a foster home;
4             (ii) attend school;
5             (iii) attend a non-residential program for youth;
6         or
7             (iv) contribute to his own support at home or in a
8         foster home.
9     (b-1) In addition to the conditions set forth in
10 subsections (a) and (b), persons required to register as sex
11 offenders pursuant to the Sex Offender Registration Act, upon
12 release from the custody of the Illinois Department of
13 Corrections, may be required by the Board to comply with the
14 following specific conditions of release:
15         (1) reside only at a Department approved location;
16         (2) comply with all requirements of the Sex Offender
17     Registration Act;
18         (3) notify third parties of the risks that may be
19     occasioned by his or her criminal record;
20         (4) obtain the approval of an agent of the Department
21     of Corrections prior to accepting employment or pursuing a
22     course of study or vocational training and notify the
23     Department prior to any change in employment, study, or
24     training;
25         (5) not be employed or participate in any volunteer
26     activity that involves contact with children, except under

 

 

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1     circumstances approved in advance and in writing by an
2     agent of the Department of Corrections;
3         (6) be electronically monitored for a minimum of 12
4     months from the date of release as determined by the Board;
5         (7) refrain from entering into a designated geographic
6     area except upon terms approved in advance by an agent of
7     the Department of Corrections. The terms may include
8     consideration of the purpose of the entry, the time of day,
9     and others accompanying the person;
10         (8) refrain from having any contact, including written
11     or oral communications, directly or indirectly, personally
12     or by telephone, letter, or through a third party with
13     certain specified persons including, but not limited to,
14     the victim or the victim's family without the prior written
15     approval of an agent of the Department of Corrections;
16         (9) refrain from all contact, directly or indirectly,
17     personally, by telephone, letter, or through a third party,
18     with minor children without prior identification and
19     approval of an agent of the Department of Corrections;
20         (10) neither possess or have under his or her control
21     any material that is sexually oriented, sexually
22     stimulating, or that shows male or female sex organs or any
23     pictures depicting children under 18 years of age nude or
24     any written or audio material describing sexual
25     intercourse or that depicts or alludes to sexual activity,
26     including but not limited to visual, auditory, telephonic,

 

 

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1     or electronic media, or any matter obtained through access
2     to any computer or material linked to computer access use;
3         (11) not patronize any business providing sexually
4     stimulating or sexually oriented entertainment nor utilize
5     "900" or adult telephone numbers;
6         (12) not reside near, visit, or be in or about parks,
7     schools, day care centers, swimming pools, beaches,
8     theaters, or any other places where minor children
9     congregate without advance approval of an agent of the
10     Department of Corrections and immediately report any
11     incidental contact with minor children to the Department;
12         (13) not possess or have under his or her control
13     certain specified items of contraband related to the
14     incidence of sexually offending as determined by an agent
15     of the Department of Corrections;
16         (14) may be required to provide a written daily log of
17     activities if directed by an agent of the Department of
18     Corrections;
19         (15) comply with all other special conditions that the
20     Department may impose that restrict the person from
21     high-risk situations and limit access to potential
22     victims;
23         (16) take an annual polygraph exam;
24         (17) maintain a log of his or her travel; or
25         (18) obtain prior approval of his or her parole officer
26     before driving alone in a motor vehicle.

 

 

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1     (c) The conditions under which the parole or mandatory
2 supervised release is to be served shall be communicated to the
3 person in writing prior to his release, and he shall sign the
4 same before release. A signed copy of these conditions,
5 including a copy of an order of protection where one had been
6 issued by the criminal court, shall be retained by the person
7 and another copy forwarded to the officer in charge of his
8 supervision.
9     (d) After a hearing under Section 3-3-9, the Prisoner
10 Review Board may modify or enlarge the conditions of parole or
11 mandatory supervised release.
12     (e) The Department shall inform all offenders committed to
13 the Department of the optional services available to them upon
14 release and shall assist inmates in availing themselves of such
15 optional services upon their release on a voluntary basis.
16     (f) When the subject is in compliance with all conditions
17 of his or her parole or mandatory supervised release, the
18 subject shall receive a reduction of the period of his or her
19 parole or mandatory supervised release of 90 days upon passage
20 of the high school level Test of General Educational
21 Development during the period of his or her parole or mandatory
22 supervised release. This reduction in the period of a subject's
23 term of parole or mandatory supervised release shall be
24 available only to subjects who have not previously earned a
25 high school diploma or who have not previously passed the high
26 school level Test of General Educational Development.

 

 

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1 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
2 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
3 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
4 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 
5     Section 99. Effective date. This Act takes effect June 1,
6 2009.