Illinois General Assembly - Full Text of SB1397
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Full Text of SB1397  95th General Assembly

SB1397ham002 95TH GENERAL ASSEMBLY

Rep. John E. Bradley

Filed: 6/6/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1397

2     AMENDMENT NO. ______. Amend Senate Bill 1397 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 11-19.2, 12-13, and 12-14.1 as follows:
 
6     (720 ILCS 5/11-19.2)  (from Ch. 38, par. 11-19.2)
7     Sec. 11-19.2. Exploitation of a child.
8     (A) A person commits exploitation of a child when he or she
9 confines a child under the age of 16 or a severely or
10 profoundly mentally retarded person against his or her will by
11 the infliction or threat of imminent infliction of great bodily
12 harm, permanent disability or disfigurement or by
13 administering to the child or severely or profoundly mentally
14 retarded person without his or her consent or by threat or
15 deception and for other than medical purposes, any alcoholic
16 intoxicant or a drug as defined in the Illinois Controlled

 

 

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1 Substances Act or the Cannabis Control Act or methamphetamine
2 as defined in the Methamphetamine Control and Community
3 Protection Act and:
4         (1) compels the child or severely or profoundly
5     mentally retarded person to become a prostitute; or
6         (2) arranges a situation in which the child or severely
7     or profoundly mentally retarded person may practice
8     prostitution; or
9         (3) receives any money, property, token, object, or
10     article or anything of value from the child or severely or
11     profoundly mentally retarded person knowing it was
12     obtained in whole or in part from the practice of
13     prostitution.
14     (B) For purposes of this Section, administering drugs, as
15 defined in subsection (A), or an alcoholic intoxicant to a
16 child under the age of 13 or a severely or profoundly mentally
17 retarded person shall be deemed to be without consent if such
18 administering is done without the consent of the parents or
19 legal guardian.
20     (C) Exploitation of a child is a Class X felony, for which
21 the person shall be sentenced to a term of imprisonment of not
22 less than 6 years and not more than 60 years.
23     (D) Any person convicted under this Section is subject to
24 the forfeiture provisions of Section 11-20.1A of this Act.
25 (Source: P.A. 94-556, eff. 9-11-05.)
 

 

 

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1     (720 ILCS 5/12-13)  (from Ch. 38, par. 12-13)
2     Sec. 12-13. Criminal Sexual Assault.
3     (a) The accused commits criminal sexual assault if he or
4 she:
5         (1) commits an act of sexual penetration by the use of
6     force or threat of force; or
7         (2) commits an act of sexual penetration and the
8     accused knew that the victim was unable to understand the
9     nature of the act or was unable to give knowing consent; or
10         (3) commits an act of sexual penetration with a victim
11     who was under 18 years of age when the act was committed
12     and the accused was a family member; or
13         (4) commits an act of sexual penetration with a victim
14     who was at least 13 years of age but under 18 years of age
15     when the act was committed and the accused was 17 years of
16     age or over and held a position of trust, authority or
17     supervision in relation to the victim.
18     (b) Sentence.
19         (1) Criminal sexual assault is a Class 1 felony.
20         (2) A person who is convicted of the offense of
21     criminal sexual assault as defined in paragraph (a)(1) or
22     (a)(2) after having previously been convicted of the
23     offense of criminal sexual assault or the offense of
24     exploitation of a child, or who is convicted of the offense
25     of criminal sexual assault as defined in paragraph (a)(1)
26     or (a)(2) after having previously been convicted under the

 

 

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1     laws of this State or any other state of an offense that is
2     substantially equivalent to the offense of criminal sexual
3     assault or to the offense of exploitation of a child,
4     commits a Class X felony for which the person shall be
5     sentenced to a term of imprisonment of not less than 30
6     years and not more than 60 years. The commission of the
7     second or subsequent offense is required to have been after
8     the initial conviction for this paragraph (2) to apply.
9         (3) A person who is convicted of the offense of
10     criminal sexual assault as defined in paragraph (a)(1) or
11     (a)(2) after having previously been convicted of the
12     offense of aggravated criminal sexual assault or the
13     offense of predatory criminal sexual assault of a child, or
14     who is convicted of the offense of criminal sexual assault
15     as defined in paragraph (a)(1) or (a)(2) after having
16     previously been convicted under the laws of this State or
17     any other state of an offense that is substantially
18     equivalent to the offense of aggravated criminal sexual
19     assault or the offense of criminal predatory sexual assault
20     shall be sentenced to a term of natural life imprisonment.
21     The commission of the second or subsequent offense is
22     required to have been after the initial conviction for this
23     paragraph (3) to apply.
24         (4) A second or subsequent conviction for a violation
25     of paragraph (a)(3) or (a)(4) or under any similar statute
26     of this State or any other state for any offense involving

 

 

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1     criminal sexual assault that is substantially equivalent
2     to or more serious than the sexual assault prohibited under
3     paragraph (a)(3) or (a)(4) is a Class X felony.
4         (5) When a person has any such prior conviction, the
5     information or indictment charging that person shall state
6     such prior conviction so as to give notice of the State's
7     intention to treat the charge as a Class X felony. The fact
8     of such prior conviction is not an element of the offense
9     and may not be disclosed to the jury during trial unless
10     otherwise permitted by issues properly raised during such
11     trial.
12 (Source: P.A. 90-396, eff. 1-1-98.)
 
13     (720 ILCS 5/12-14.1)
14     Sec. 12-14.1. Predatory criminal sexual assault of a child.
15     (a) The accused commits predatory criminal sexual assault
16 of a child if:
17         (1) the accused was 17 years of age or over and commits
18     an act of sexual penetration with a victim who was under 13
19     years of age when the act was committed; or
20         (1.1) the accused was 17 years of age or over and,
21     while armed with a firearm, commits an act of sexual
22     penetration with a victim who was under 13 years of age
23     when the act was committed; or
24         (1.2) the accused was 17 years of age or over and
25     commits an act of sexual penetration with a victim who was

 

 

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1     under 13 years of age when the act was committed and,
2     during the commission of the offense, the accused
3     personally discharged a firearm; or
4         (2) the accused was 17 years of age or over and commits
5     an act of sexual penetration with a victim who was under 13
6     years of age when the act was committed and the accused
7     caused great bodily harm to the victim that:
8             (A) resulted in permanent disability; or
9             (B) was life threatening; or
10         (3) the accused was 17 years of age or over and commits
11     an act of sexual penetration with a victim who was under 13
12     years of age when the act was committed and the accused
13     delivered (by injection, inhalation, ingestion, transfer
14     of possession, or any other means) to the victim without
15     his or her consent, or by threat or deception, and for
16     other than medical purposes, any controlled substance.
17     (b) Sentence.
18         (1) A person convicted of a violation of subsection
19     (a)(1) commits a Class X felony, for which the person shall
20     be sentenced to a term of imprisonment of not less than 6
21     years and not more than 60 years. A person convicted of a
22     violation of subsection (a)(1.1) commits a Class X felony
23     for which 15 years shall be added to the term of
24     imprisonment imposed by the court. A person convicted of a
25     violation of subsection (a)(1.2) commits a Class X felony
26     for which 20 years shall be added to the term of

 

 

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1     imprisonment imposed by the court. A person convicted of a
2     violation of subsection (a)(2) commits a Class X felony for
3     which the person shall be sentenced to a term of
4     imprisonment of not less than 50 years or up to a term of
5     natural life imprisonment.
6         (1.1) A person convicted of a violation of subsection
7     (a)(3) commits a Class X felony for which the person shall
8     be sentenced to a term of imprisonment of not less than 50
9     years and not more than 60 years.
10         (1.2) A person convicted of predatory criminal sexual
11     assault of a child committed against 2 or more persons
12     regardless of whether the offenses occurred as the result
13     of the same act or of several related or unrelated acts
14     shall be sentenced to a term of natural life imprisonment.
15         (2) A person who is convicted of a second or subsequent
16     offense of predatory criminal sexual assault of a child, or
17     who is convicted of the offense of predatory criminal
18     sexual assault of a child after having previously been
19     convicted of the offense of criminal sexual assault or the
20     offense of aggravated criminal sexual assault, or who is
21     convicted of the offense of predatory criminal sexual
22     assault of a child after having previously been convicted
23     under the laws of this State or any other state of an
24     offense that is substantially equivalent to the offense of
25     predatory criminal sexual assault of a child, the offense
26     of aggravated criminal sexual assault or the offense of

 

 

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1     criminal sexual assault, shall be sentenced to a term of
2     natural life imprisonment. The commission of the second or
3     subsequent offense is required to have been after the
4     initial conviction for this paragraph (2) to apply.
5 (Source: P.A. 91-238, eff. 1-1-00; 91-404, eff. 1-1-00; 92-16,
6 eff. 6-28-01.)
 
7     Section 10. The Unified Code of Corrections is amended by
8 changing Sections 3-3-7, 3-6-3, and 5-8A-6 and by adding
9 Section 3-19-15 as follows:
 
10     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
11     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
12 Release.
13     (a) The conditions of parole or mandatory supervised
14 release shall be such as the Prisoner Review Board deems
15 necessary to assist the subject in leading a law-abiding life.
16 The conditions of every parole and mandatory supervised release
17 are that the subject:
18         (1) not violate any criminal statute of any
19     jurisdiction during the parole or release term;
20         (2) refrain from possessing a firearm or other
21     dangerous weapon;
22         (3) report to an agent of the Department of
23     Corrections;
24         (4) permit the agent to visit him or her at his or her

 

 

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1     home, employment, or elsewhere to the extent necessary for
2     the agent to discharge his or her duties;
3         (5) attend or reside in a facility established for the
4     instruction or residence of persons on parole or mandatory
5     supervised release;
6         (6) secure permission before visiting or writing a
7     committed person in an Illinois Department of Corrections
8     facility;
9         (7) report all arrests to an agent of the Department of
10     Corrections as soon as permitted by the arresting authority
11     but in no event later than 24 hours after release from
12     custody;
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 at
21     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

 

 

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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 medical
6     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 the effective date of this
10     amendatory Act of the 94th General Assembly, wear an
11     approved electronic monitoring device as defined in
12     Section 5-8A-2 for the duration of the person's parole,
13     mandatory supervised release term, or extended mandatory
14     supervised release term, provided funding is appropriated
15     by the General Assembly;
16         (7.8) if convicted for an offense that would qualify
17     the accused as a sex offender or sexual predator under the
18     Sex Offender Registration Act on or after the effective
19     date of this amendatory Act of the 95th General Assembly,
20     not possess prescription drugs for erectile dysfunction;
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,

 

 

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1     property, or residence under his or her control;
2         (11) refrain from the use or possession of narcotics or
3     other controlled substances in any form, or both, or any
4     paraphernalia related to those substances and submit to a
5     urinalysis test as instructed by a parole agent of the
6     Department of Corrections;
7         (12) not frequent places where controlled substances
8     are illegally sold, used, distributed, or administered;
9         (13) not knowingly associate with other persons on
10     parole or mandatory supervised release without prior
11     written permission of his or her parole agent and not
12     associate with persons who are members of an organized gang
13     as that term is defined in the Illinois Streetgang
14     Terrorism Omnibus Prevention Act;
15         (14) provide true and accurate information, as it
16     relates to his or her adjustment in the community while on
17     parole or mandatory supervised release or to his or her
18     conduct while incarcerated, in response to inquiries by his
19     or her parole agent or of the Department of Corrections;
20         (15) follow any specific instructions provided by the
21     parole agent that are consistent with furthering
22     conditions set and approved by the Prisoner Review Board or
23     by law, exclusive of placement on electronic detention, to
24     achieve the goals and objectives of his or her parole or
25     mandatory supervised release or to protect the public.
26     These instructions by the parole agent may be modified at

 

 

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1     any time, as the agent deems appropriate; and
2         (16) if convicted of a sex offense as defined in
3     subsection (a-5) of Section 3-1-2 of this Code, unless the
4     offender is a parent or guardian of the person under 18
5     years of age present in the home and no non-familial minors
6     are present, not participate in a holiday event involving
7     children under 18 years of age, such as distributing candy
8     or other items to children on Halloween, wearing a Santa
9     Claus costume on or preceding Christmas, being employed as
10     a department store Santa Claus, or wearing an Easter Bunny
11     costume on or preceding Easter.
12     (b) The Board may in addition to other conditions require
13 that 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;
18         (3) attend or reside in a facility established for the
19     instruction or residence of persons on probation or parole;
20         (4) support his dependents;
21         (5) (blank);
22         (6) (blank);
23         (7) comply with the terms and conditions of an order of
24     protection issued pursuant to the Illinois Domestic
25     Violence Act of 1986, enacted by the 84th General Assembly,
26     or an order of protection issued by the court of another

 

 

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1     state, tribe, or United States territory; 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 (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159,
17 eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)
 
18     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
19     Sec. 3-6-3. Rules and Regulations for Early Release.
20         (a) (1) The Department of Corrections shall prescribe
21     rules and regulations for the early release on account of
22     good conduct of persons committed to the Department which
23     shall be subject to review by the Prisoner Review Board.
24         (2) The rules and regulations on early release shall
25     provide, with respect to offenses listed in clause (i),

 

 

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1     (ii), or (iii) of this paragraph (2) committed on or after
2     June 19, 1998 or with respect to the offense listed in
3     clause (iv) of this paragraph (2) committed on or after
4     June 23, 2005 (the effective date of Public Act 94-71) or
5     with respect to the offense of being an armed habitual
6     criminal committed on or after August 2, 2005 (the
7     effective date of Public Act 94-398), the following:
8             (i) that a prisoner who is serving a term of
9         imprisonment for first degree murder or for the offense
10         of terrorism shall receive no good conduct credit and
11         shall serve the entire sentence imposed by the court;
12             (ii) that a prisoner serving a sentence for attempt
13         to commit first degree murder, solicitation of murder,
14         solicitation of murder for hire, intentional homicide
15         of an unborn child, predatory criminal sexual assault
16         of a child, aggravated criminal sexual assault,
17         criminal sexual assault, aggravated kidnapping,
18         aggravated battery with a firearm, heinous battery,
19         being an armed habitual criminal, aggravated battery
20         of a senior citizen, or aggravated battery of a child
21         shall receive no more than 4.5 days of good conduct
22         credit for each month of his or her sentence of
23         imprisonment;
24             (iii) that a prisoner serving a sentence for home
25         invasion, armed robbery, aggravated vehicular
26         hijacking, aggravated discharge of a firearm, or armed

 

 

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1         violence with a category I weapon or category II
2         weapon, when the court has made and entered a finding,
3         pursuant to subsection (c-1) of Section 5-4-1 of this
4         Code, that the conduct leading to conviction for the
5         enumerated offense resulted in great bodily harm to a
6         victim, shall receive no more than 4.5 days of good
7         conduct credit for each month of his or her sentence of
8         imprisonment; and
9             (iv) that a prisoner serving a sentence for
10         aggravated discharge of a firearm, whether or not the
11         conduct leading to conviction for the offense resulted
12         in great bodily harm to the victim, shall receive no
13         more than 4.5 days of good conduct credit for each
14         month of his or her sentence of imprisonment.
15         (2.1) For all offenses, other than those enumerated in
16     subdivision (a)(2)(i), (ii), or (iii) committed on or after
17     June 19, 1998 or subdivision (a)(2)(iv) committed on or
18     after June 23, 2005 (the effective date of Public Act
19     94-71), and other than the offense of reckless homicide as
20     defined in subsection (e) of Section 9-3 of the Criminal
21     Code of 1961 committed on or after January 1, 1999, or
22     aggravated driving under the influence of alcohol, other
23     drug or drugs, or intoxicating compound or compounds, or
24     any combination thereof as defined in subparagraph (F) of
25     paragraph (1) of subsection (d) of Section 11-501 of the
26     Illinois Vehicle Code, the rules and regulations shall

 

 

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1     provide that a prisoner who is serving a term of
2     imprisonment shall receive one day of good conduct credit
3     for each day of his or her sentence of imprisonment or
4     recommitment under Section 3-3-9. Each day of good conduct
5     credit shall reduce by one day the prisoner's period of
6     imprisonment or recommitment under Section 3-3-9.
7         (2.2) A prisoner serving a term of natural life
8     imprisonment or a prisoner who has been sentenced to death
9     shall receive no good conduct credit.
10         (2.3) The rules and regulations on early release shall
11     provide that a prisoner who is serving a sentence for
12     reckless homicide as defined in subsection (e) of Section
13     9-3 of the Criminal Code of 1961 committed on or after
14     January 1, 1999, or aggravated driving under the influence
15     of alcohol, other drug or drugs, or intoxicating compound
16     or compounds, or any combination thereof as defined in
17     subparagraph (F) of paragraph (1) of subsection (d) of
18     Section 11-501 of the Illinois Vehicle Code, shall receive
19     no more than 4.5 days of good conduct credit for each month
20     of his or her sentence of imprisonment.
21         (2.4) The rules and regulations on early release shall
22     provide with respect to the offenses of aggravated battery
23     with a machine gun or a firearm equipped with any device or
24     attachment designed or used for silencing the report of a
25     firearm or aggravated discharge of a machine gun or a
26     firearm equipped with any device or attachment designed or

 

 

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1     used for silencing the report of a firearm, committed on or
2     after July 15, 1999 (the effective date of Public Act
3     91-121), that a prisoner serving a sentence for any of
4     these offenses shall receive no more than 4.5 days of good
5     conduct credit for each month of his or her sentence of
6     imprisonment.
7         (2.5) The rules and regulations on early release shall
8     provide that a prisoner who is serving a sentence for
9     aggravated arson committed on or after July 27, 2001 (the
10     effective date of Public Act 92-176) shall receive no more
11     than 4.5 days of good conduct credit for each month of his
12     or her sentence of imprisonment.
13         (3) The rules and regulations shall also provide that
14     the Director may award up to 180 days additional good
15     conduct credit for meritorious service in specific
16     instances as the Director deems proper; except that no more
17     than 90 days of good conduct credit for meritorious service
18     shall be awarded to any prisoner who is serving a sentence
19     for conviction of first degree murder, reckless homicide
20     while under the influence of alcohol or any other drug, or
21     aggravated driving under the influence of alcohol, other
22     drug or drugs, or intoxicating compound or compounds, or
23     any combination thereof as defined in subparagraph (F) of
24     paragraph (1) of subsection (d) of Section 11-501 of the
25     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
26     predatory criminal sexual assault of a child, aggravated

 

 

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1     criminal sexual assault, criminal sexual assault, deviate
2     sexual assault, aggravated criminal sexual abuse,
3     aggravated indecent liberties with a child, indecent
4     liberties with a child, child pornography, heinous
5     battery, aggravated battery of a spouse, aggravated
6     battery of a spouse with a firearm, stalking, aggravated
7     stalking, aggravated battery of a child, endangering the
8     life or health of a child, cruelty to a child, or narcotic
9     racketeering. Notwithstanding the foregoing, good conduct
10     credit for meritorious service shall not be awarded on a
11     sentence of imprisonment imposed for conviction of: (i) one
12     of the offenses enumerated in subdivision (a)(2)(i), (ii),
13     or (iii) when the offense is committed on or after June 19,
14     1998 or subdivision (a)(2)(iv) when the offense is
15     committed on or after June 23, 2005 (the effective date of
16     Public Act 94-71), (ii) reckless homicide as defined in
17     subsection (e) of Section 9-3 of the Criminal Code of 1961
18     when the offense is committed on or after January 1, 1999,
19     or aggravated driving under the influence of alcohol, other
20     drug or drugs, or intoxicating compound or compounds, or
21     any combination thereof as defined in subparagraph (F) of
22     paragraph (1) of subsection (d) of Section 11-501 of the
23     Illinois Vehicle Code, (iii) one of the offenses enumerated
24     in subdivision (a)(2.4) when the offense is committed on or
25     after July 15, 1999 (the effective date of Public Act
26     91-121), or (iv) aggravated arson when the offense is

 

 

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1     committed on or after July 27, 2001 (the effective date of
2     Public Act 92-176).
3         (4) The rules and regulations shall also provide that
4     the good conduct credit accumulated and retained under
5     paragraph (2.1) of subsection (a) of this Section by any
6     inmate during specific periods of time in which such inmate
7     is engaged full-time in substance abuse programs,
8     correctional industry assignments, or educational programs
9     provided by the Department under this paragraph (4) and
10     satisfactorily completes the assigned program as
11     determined by the standards of the Department, shall be
12     multiplied by a factor of 1.25 for program participation
13     before August 11, 1993 and 1.50 for program participation
14     on or after that date. However, no inmate shall be eligible
15     for the additional good conduct credit under this paragraph
16     (4) or (4.1) of this subsection (a) while assigned to a
17     boot camp or electronic detention, or if convicted of an
18     offense enumerated in subdivision (a)(2)(i), (ii), or
19     (iii) of this Section that is committed on or after June
20     19, 1998 or subdivision (a)(2)(iv) of this Section that is
21     committed on or after June 23, 2005 (the effective date of
22     Public Act 94-71), or if convicted of reckless homicide as
23     defined in subsection (e) of Section 9-3 of the Criminal
24     Code of 1961 if the offense is committed on or after
25     January 1, 1999, or aggravated driving under the influence
26     of alcohol, other drug or drugs, or intoxicating compound

 

 

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1     or compounds, or any combination thereof as defined in
2     subparagraph (F) of paragraph (1) of subsection (d) of
3     Section 11-501 of the Illinois Vehicle Code, or if
4     convicted of an offense enumerated in paragraph (a)(2.4) of
5     this Section that is committed on or after July 15, 1999
6     (the effective date of Public Act 91-121), or first degree
7     murder, a Class X felony, criminal sexual assault, felony
8     criminal sexual abuse, aggravated criminal sexual abuse,
9     aggravated battery with a firearm, or any predecessor or
10     successor offenses with the same or substantially the same
11     elements, or any inchoate offenses relating to the
12     foregoing offenses. No inmate shall be eligible for the
13     additional good conduct credit under this paragraph (4) who
14     (i) has previously received increased good conduct credit
15     under this paragraph (4) and has subsequently been
16     convicted of a felony, or (ii) has previously served more
17     than one prior sentence of imprisonment for a felony in an
18     adult correctional facility.
19         Educational, vocational, substance abuse and
20     correctional industry programs under which good conduct
21     credit may be increased under this paragraph (4) and
22     paragraph (4.1) of this subsection (a) shall be evaluated
23     by the Department on the basis of documented standards. The
24     Department shall report the results of these evaluations to
25     the Governor and the General Assembly by September 30th of
26     each year. The reports shall include data relating to the

 

 

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1     recidivism rate among program participants.
2         Availability of these programs shall be subject to the
3     limits of fiscal resources appropriated by the General
4     Assembly for these purposes. Eligible inmates who are
5     denied immediate admission shall be placed on a waiting
6     list under criteria established by the Department. The
7     inability of any inmate to become engaged in any such
8     programs by reason of insufficient program resources or for
9     any other reason established under the rules and
10     regulations of the Department shall not be deemed a cause
11     of action under which the Department or any employee or
12     agent of the Department shall be liable for damages to the
13     inmate.
14         (4.1) The rules and regulations shall also provide that
15     an additional 60 days of good conduct credit shall be
16     awarded to any prisoner who passes the high school level
17     Test of General Educational Development (GED) while the
18     prisoner is incarcerated. The good conduct credit awarded
19     under this paragraph (4.1) shall be in addition to, and
20     shall not affect, the award of good conduct under any other
21     paragraph of this Section, but shall also be pursuant to
22     the guidelines and restrictions set forth in paragraph (4)
23     of subsection (a) of this Section. The good conduct credit
24     provided for in this paragraph shall be available only to
25     those prisoners who have not previously earned a high
26     school diploma or a GED. If, after an award of the GED good

 

 

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1     conduct credit has been made and the Department determines
2     that the prisoner was not eligible, then the award shall be
3     revoked.
4         (4.5) The rules and regulations on early release shall
5     also provide that when the court's sentencing order
6     recommends a prisoner for substance abuse treatment and the
7     crime was committed on or after September 1, 2003 (the
8     effective date of Public Act 93-354), the prisoner shall
9     receive no good conduct credit awarded under clause (3) of
10     this subsection (a) unless he or she participates in and
11     completes a substance abuse treatment program. The
12     Director may waive the requirement to participate in or
13     complete a substance abuse treatment program and award the
14     good conduct credit in specific instances if the prisoner
15     is not a good candidate for a substance abuse treatment
16     program for medical, programming, or operational reasons.
17     Availability of substance abuse treatment shall be subject
18     to the limits of fiscal resources appropriated by the
19     General Assembly for these purposes. If treatment is not
20     available and the requirement to participate and complete
21     the treatment has not been waived by the Director, the
22     prisoner shall be placed on a waiting list under criteria
23     established by the Department. The Director may allow a
24     prisoner placed on a waiting list to participate in and
25     complete a substance abuse education class or attend
26     substance abuse self-help meetings in lieu of a substance

 

 

09500SB1397ham002 - 26 - LRB095 11053 RLC 37543 a

1     abuse treatment program. A prisoner on a waiting list who
2     is not placed in a substance abuse program prior to release
3     may be eligible for a waiver and receive good conduct
4     credit under clause (3) of this subsection (a) at the
5     discretion of the Director.
6         (4.6) The rules and regulations on early release shall
7     also provide that a prisoner who has been convicted of a
8     sex offense as defined in Section 2 of the Sex Offender
9     Registration Act shall receive no good conduct credit
10     unless he or she either has successfully completed or is
11     participating in sex offender treatment as defined by the
12     Sex Offender Management Board. However, prisoners who are
13     waiting to receive such treatment, but who are unable to do
14     so due solely to the lack of resources on the part of the
15     Department, may, at the Director's sole discretion, be
16     awarded good conduct credit at such rate as the Director
17     shall determine.
18         (5) Whenever the Department is to release any inmate
19     earlier than it otherwise would because of a grant of good
20     conduct credit for meritorious service given at any time
21     during the term, the Department shall give reasonable
22     advance notice of the impending release to the State's
23     Attorney of the county where the prosecution of the inmate
24     took place.
25     (b) Whenever a person is or has been committed under
26 several convictions, with separate sentences, the sentences

 

 

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1 shall be construed under Section 5-8-4 in granting and
2 forfeiting of good time.
3     (c) The Department shall prescribe rules and regulations
4 for revoking good conduct credit, or suspending or reducing the
5 rate of accumulation of good conduct credit for specific rule
6 violations, during imprisonment. These rules and regulations
7 shall provide that no inmate may be penalized more than one
8 year of good conduct credit for any one infraction.
9     When the Department seeks to revoke, suspend or reduce the
10 rate of accumulation of any good conduct credits for an alleged
11 infraction of its rules, it shall bring charges therefor
12 against the prisoner sought to be so deprived of good conduct
13 credits before the Prisoner Review Board as provided in
14 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
15 amount of credit at issue exceeds 30 days or when during any 12
16 month period, the cumulative amount of credit revoked exceeds
17 30 days except where the infraction is committed or discovered
18 within 60 days of scheduled release. In those cases, the
19 Department of Corrections may revoke up to 30 days of good
20 conduct credit. The Board may subsequently approve the
21 revocation of additional good conduct credit, if the Department
22 seeks to revoke good conduct credit in excess of 30 days.
23 However, the Board shall not be empowered to review the
24 Department's decision with respect to the loss of 30 days of
25 good conduct credit within any calendar year for any prisoner
26 or to increase any penalty beyond the length requested by the

 

 

09500SB1397ham002 - 28 - LRB095 11053 RLC 37543 a

1 Department.
2     The Director of the Department of Corrections, in
3 appropriate cases, may restore up to 30 days good conduct
4 credits which have been revoked, suspended or reduced. Any
5 restoration of good conduct credits in excess of 30 days shall
6 be subject to review by the Prisoner Review Board. However, the
7 Board may not restore good conduct credit in excess of the
8 amount requested by the Director.
9     Nothing contained in this Section shall prohibit the
10 Prisoner Review Board from ordering, pursuant to Section
11 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
12 sentence imposed by the court that was not served due to the
13 accumulation of good conduct credit.
14     (d) If a lawsuit is filed by a prisoner in an Illinois or
15 federal court against the State, the Department of Corrections,
16 or the Prisoner Review Board, or against any of their officers
17 or employees, and the court makes a specific finding that a
18 pleading, motion, or other paper filed by the prisoner is
19 frivolous, the Department of Corrections shall conduct a
20 hearing to revoke up to 180 days of good conduct credit by
21 bringing charges against the prisoner sought to be deprived of
22 the good conduct credits before the Prisoner Review Board as
23 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
24 If the prisoner has not accumulated 180 days of good conduct
25 credit at the time of the finding, then the Prisoner Review
26 Board may revoke all good conduct credit accumulated by the

 

 

09500SB1397ham002 - 29 - LRB095 11053 RLC 37543 a

1 prisoner.
2     For purposes of this subsection (d):
3         (1) "Frivolous" means that a pleading, motion, or other
4     filing which purports to be a legal document filed by a
5     prisoner in his or her lawsuit meets any or all of the
6     following criteria:
7             (A) it lacks an arguable basis either in law or in
8         fact;
9             (B) it is being presented for any improper purpose,
10         such as to harass or to cause unnecessary delay or
11         needless increase in the cost of litigation;
12             (C) the claims, defenses, and other legal
13         contentions therein are not warranted by existing law
14         or by a nonfrivolous argument for the extension,
15         modification, or reversal of existing law or the
16         establishment of new law;
17             (D) the allegations and other factual contentions
18         do not have evidentiary support or, if specifically so
19         identified, are not likely to have evidentiary support
20         after a reasonable opportunity for further
21         investigation or discovery; or
22             (E) the denials of factual contentions are not
23         warranted on the evidence, or if specifically so
24         identified, are not reasonably based on a lack of
25         information or belief.
26         (2) "Lawsuit" means a petition for post-conviction

 

 

09500SB1397ham002 - 30 - LRB095 11053 RLC 37543 a

1     relief under Article 122 of the Code of Criminal Procedure
2     of 1963, a motion pursuant to Section 116-3 of the Code of
3     Criminal Procedure of 1963, a habeas corpus action under
4     Article X of the Code of Civil Procedure or under federal
5     law (28 U.S.C. 2254), a petition for claim under the Court
6     of Claims Act or an action under the federal Civil Rights
7     Act (42 U.S.C. 1983).
8     (e) Nothing in Public Act 90-592 or 90-593 affects the
9 validity of Public Act 89-404.
10 (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
11 eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
12 eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
 
13     (730 ILCS 5/3-19-15 new)
14     Sec. 3-19-15. Task Force on Transitional Housing for Sex
15 Offenders.
16     (a) There is created the Task Force on Transitional Housing
17 Facilities for Sex Offenders. The Task Force shall be composed
18 of the following members:
19         (1) Two members from the Department of Corrections
20     appointed by the Director of Corrections;
21         (2) Two members from the Prisoner Review Board
22     appointed by that Board;
23         (3) Two members of the Senate appointed by the
24     President of the Senate;
25         (4) Two members of the Senate appointed by the Minority

 

 

09500SB1397ham002 - 31 - LRB095 11053 RLC 37543 a

1     Leader of the Senate;
2         (5) Two members of the House of Representatives
3     appointed by the Speaker of the House of Representatives;
4         (6) Two members of the House of Representatives
5     appointed by the Minority Leader of the House of
6     Representatives; and
7         (7) Two members of the Governor's Office appointed by
8     the Governor.
9     (b) The Task Force shall study the implementation, cost,
10 placement, and effectiveness of transitional housing
11 facilities for sex offenders released from facilities of the
12 Department of Corrections.
13     (c) The members of the Task Force shall receive no
14 compensation for their services as members of the Task Force
15 but may be reimbursed for their actual expenses incurred in
16 serving on the Task Force from appropriations made to them for
17 such purpose.
 
18     (730 ILCS 5/5-8A-6)
19     Sec. 5-8A-6. Electronic monitoring of certain sex
20 offenders. For a sexual predator subject to electronic home
21 monitoring under paragraph (7.7) of subsection (a) of Section
22 3-3-7, the Department of Corrections must use a system that
23 actively monitors and identifies the offender's current
24 location and timely reports or records the offender's presence
25 and that alerts the Department of the offender's presence

 

 

09500SB1397ham002 - 32 - LRB095 11053 RLC 37543 a

1 within a prohibited area described in Sections 11-9.3 and
2 11-9.4 of the Criminal Code of 1961, in a court order, or as a
3 condition of the offender's parole, mandatory supervised
4 release, or extended mandatory supervised release and the
5 offender's departure from specified geographic limitations. To
6 the extent that he or she is able to do so, which the
7 Department of Corrections by rule shall determine, the offender
8 must pay for the cost of the electronic home monitoring ,
9 provided funding is appropriated by the General Assembly for
10 this purpose.
11 (Source: P.A. 94-988, eff. 1-1-07.)
 
12     Section 15. The Sex Offender Registration Act is amended by
13 changing Sections 3, 4, 5, 5-5, 6, 6-5, and 7 as follows:
 
14     (730 ILCS 150/3)  (from Ch. 38, par. 223)
15     Sec. 3. Duty to register.
16     (a) A sex offender, as defined in Section 2 of this Act, or
17 sexual predator shall, within the time period prescribed in
18 subsections (b) and (c), register in person and provide
19 accurate information as required by the Department of State
20 Police. Such information shall include a current photograph,
21 current address, current place of employment, the employer's
22 telephone number, school attended, extensions of the time
23 period for registering as provided in this Article and, if an
24 extension was granted, the reason why the extension was granted

 

 

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1 and the date the sex offender was notified of the extension.
2 The information shall also include the county of conviction,
3 license plate numbers for every vehicle registered in the name
4 of the sex offender, the age of the sex offender at the time of
5 the commission of the offense, the age of the victim at the
6 time of the commission of the offense, and any distinguishing
7 marks located on the body of the sex offender. A person who has
8 been adjudicated a juvenile delinquent for an act which, if
9 committed by an adult, would be a sex offense shall register as
10 an adult sex offender within 10 days after attaining 17 years
11 of age. The sex offender or sexual predator shall register:
12         (1) with the chief of police in the municipality in
13     which he or she resides or is temporarily domiciled for a
14     period of time of 5 or more days, unless the municipality
15     is the City of Chicago, in which case he or she shall
16     register at the Chicago Police Department Headquarters; or
17         (2) with the sheriff in the county in which he or she
18     resides or is temporarily domiciled for a period of time of
19     5 or more days in an unincorporated area or, if
20     incorporated, no police chief exists.
21     If the sex offender or sexual predator is employed at or
22 attends an institution of higher education, he or she shall
23 register:
24         (i) with the chief of police in the municipality in
25     which he or she is employed at or attends an institution of
26     higher education, unless the municipality is the City of

 

 

09500SB1397ham002 - 34 - LRB095 11053 RLC 37543 a

1     Chicago, in which case he or she shall register at the
2     Chicago Police Department Headquarters; or
3         (ii) with the sheriff in the county in which he or she
4     is employed or attends an institution of higher education
5     located in an unincorporated area, or if incorporated, no
6     police chief exists.
7 For purposes of this Article, the place of residence or
8 temporary domicile is defined as any and all places where the
9 sex offender resides for an aggregate period of time of 5 or
10 more days during any calendar year. Any person required to
11 register under this Article who lacks a fixed address or
12 temporary domicile must notify, in person, the agency of
13 jurisdiction of his or her last known address within 3 days 5
14 days after ceasing to have a fixed residence.
15     Any person who lacks a fixed residence must report weekly,
16 in person, with the sheriff's office of the county in which he
17 or she is located in an unincorporated area, or with the chief
18 of police in the municipality in which he or she is located.
19 The agency of jurisdiction will document each weekly
20 registration to include all the locations where the person has
21 stayed during the past 7 days.
22     The sex offender or sexual predator shall provide accurate
23 information as required by the Department of State Police. That
24 information shall include the sex offender's or sexual
25 predator's current place of employment.
26     (a-5) An out-of-state student or out-of-state employee

 

 

09500SB1397ham002 - 35 - LRB095 11053 RLC 37543 a

1 shall, within 3 days 5 days after beginning school or
2 employment in this State, register in person and provide
3 accurate information as required by the Department of State
4 Police. Such information will include current place of
5 employment, school attended, and address in state of residence.
6 The out-of-state student or out-of-state employee shall
7 register:
8         (1) with the chief of police in the municipality in
9     which he or she attends school or is employed for a period
10     of time of 5 or more days or for an aggregate period of
11     time of more than 30 days during any calendar year, unless
12     the municipality is the City of Chicago, in which case he
13     or she shall register at the Chicago Police Department
14     Headquarters; or
15         (2) with the sheriff in the county in which he or she
16     attends school or is employed for a period of time of 5 or
17     more days or for an aggregate period of time of more than
18     30 days during any calendar year in an unincorporated area
19     or, if incorporated, no police chief exists.
20     The out-of-state student or out-of-state employee shall
21 provide accurate information as required by the Department of
22 State Police. That information shall include the out-of-state
23 student's current place of school attendance or the
24 out-of-state employee's current place of employment.
25     (b) Any sex offender, as defined in Section 2 of this Act,
26 or sexual predator, regardless of any initial, prior, or other

 

 

09500SB1397ham002 - 36 - LRB095 11053 RLC 37543 a

1 registration, shall, within 3 days 5 days of beginning school,
2 or establishing a residence, place of employment, or temporary
3 domicile in any county, register in person as set forth in
4 subsection (a) or (a-5).
5     (c) The registration for any person required to register
6 under this Article shall be as follows:
7         (1) Any person registered under the Habitual Child Sex
8     Offender Registration Act or the Child Sex Offender
9     Registration Act prior to January 1, 1996, shall be deemed
10     initially registered as of January 1, 1996; however, this
11     shall not be construed to extend the duration of
12     registration set forth in Section 7.
13         (2) Except as provided in subsection (c)(4), any person
14     convicted or adjudicated prior to January 1, 1996, whose
15     liability for registration under Section 7 has not expired,
16     shall register in person prior to January 31, 1996.
17         (2.5) Except as provided in subsection (c)(4), any
18     person who has not been notified of his or her
19     responsibility to register shall be notified by a criminal
20     justice entity of his or her responsibility to register.
21     Upon notification the person must then register within 3
22     days 5 days of notification of his or her requirement to
23     register. If notification is not made within the offender's
24     10 year registration requirement, and the Department of
25     State Police determines no evidence exists or indicates the
26     offender attempted to avoid registration, the offender

 

 

09500SB1397ham002 - 37 - LRB095 11053 RLC 37543 a

1     will no longer be required to register under this Act.
2         (3) Except as provided in subsection (c)(4), any person
3     convicted on or after January 1, 1996, shall register in
4     person within 3 days 5 days after the entry of the
5     sentencing order based upon his or her conviction.
6         (4) Any person unable to comply with the registration
7     requirements of this Article because he or she is confined,
8     institutionalized, or imprisoned in Illinois on or after
9     January 1, 1996, shall register in person within 3 days 5
10     days of discharge, parole or release.
11         (5) The person shall provide positive identification
12     and documentation that substantiates proof of residence at
13     the registering address.
14         (6) The person shall pay a $20 initial registration fee
15     and a $10 annual renewal fee. The fees shall be used by the
16     registering agency for official purposes. The agency shall
17     establish procedures to document receipt and use of the
18     funds. The law enforcement agency having jurisdiction may
19     waive the registration fee if it determines that the person
20     is indigent and unable to pay the registration fee. Ten
21     dollars for the initial registration fee and $5 of the
22     annual renewal fee shall be used by the registering agency
23     for official purposes. Ten dollars of the initial
24     registration fee and $5 of the annual fee shall be
25     deposited into the Sex Offender Management Board Fund under
26     Section 19 of the Sex Offender Management Board Act. Money

 

 

09500SB1397ham002 - 38 - LRB095 11053 RLC 37543 a

1     deposited into the Sex Offender Management Board Fund shall
2     be administered by the Sex Offender Management Board and
3     shall be used to fund practices endorsed or required by the
4     Sex Offender Management Board Act including but not limited
5     to sex offenders evaluation, treatment, or monitoring
6     programs that are or may be developed, as well as for
7     administrative costs, including staff, incurred by the
8     Board.
9     (d) Within 3 days 5 days after obtaining or changing
10 employment and, if employed on January 1, 2000, within 5 days
11 after that date, a person required to register under this
12 Section must report, in person to the law enforcement agency
13 having jurisdiction, the business name and address where he or
14 she is employed. If the person has multiple businesses or work
15 locations, every business and work location must be reported to
16 the law enforcement agency having jurisdiction.
17 (Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04;
18 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, eff. 1-1-07.)
 
19     (730 ILCS 150/4)  (from Ch. 38, par. 224)
20     Sec. 4. Discharge of sex offender, as defined in Section 2
21 of this Act, or sexual predator from Department of Corrections
22 facility or other penal institution; duties of official in
23 charge. Any sex offender, as defined in Section 2 of this Act,
24 or sexual predator, as defined by this Article, who is
25 discharged, paroled or released from a Department of

 

 

09500SB1397ham002 - 39 - LRB095 11053 RLC 37543 a

1 Corrections facility, a facility where such person was placed
2 by the Department of Corrections or another penal institution,
3 and whose liability for registration has not terminated under
4 Section 7 shall, prior to discharge, parole or release from the
5 facility or institution, be informed of his or her duty to
6 register in person within 3 days 5 days of release by the
7 facility or institution in which he or she was confined. The
8 facility or institution shall also inform any person who must
9 register that if he or she establishes a residence outside of
10 the State of Illinois, is employed outside of the State of
11 Illinois, or attends school outside of the State of Illinois,
12 he or she must register in the new state within 3 days 5 days
13 after establishing the residence, beginning employment, or
14 beginning school.
15     The facility shall require the person to read and sign such
16 form as may be required by the Department of State Police
17 stating that the duty to register and the procedure for
18 registration has been explained to him or her and that he or
19 she understands the duty to register and the procedure for
20 registration. The facility shall further advise the person in
21 writing that the failure to register or other violation of this
22 Article shall result in revocation of parole, mandatory
23 supervised release or conditional release. The facility shall
24 obtain information about where the person expects to reside,
25 work, and attend school upon his or her discharge, parole or
26 release and shall report the information to the Department of

 

 

09500SB1397ham002 - 40 - LRB095 11053 RLC 37543 a

1 State Police. The facility shall give one copy of the form to
2 the person and shall send one copy to each of the law
3 enforcement agencies having jurisdiction where the person
4 expects to reside, work, and attend school upon his or her
5 discharge, parole or release and retain one copy for the files.
6 Electronic data files which includes all notification form
7 information and photographs of sex offenders being released
8 from an Illinois Department of Corrections facility will be
9 shared on a regular basis as determined between the Department
10 of State Police and the Department of Corrections.
11 (Source: P.A. 94-168, eff. 1-1-06.)
 
12     (730 ILCS 150/5)  (from Ch. 38, par. 225)
13     Sec. 5. Release of sex offender, as defined in Section 2 of
14 this Act, or sexual predator; duties of the Court. Any sex
15 offender, as defined in Section 2 of this Act, or sexual
16 predator, as defined by this Article, who is released on
17 probation or discharged upon payment of a fine because of the
18 commission of one of the offenses defined in subsection (B) of
19 Section 2 of this Article, shall, prior to such release be
20 informed of his or her duty to register under this Article by
21 the Court in which he or she was convicted. The Court shall
22 also inform any person who must register that if he or she
23 establishes a residence outside of the State of Illinois, is
24 employed outside of the State of Illinois, or attends school
25 outside of the State of Illinois, he or she must register in

 

 

09500SB1397ham002 - 41 - LRB095 11053 RLC 37543 a

1 the new state within 3 days 5 days after establishing the
2 residence, beginning employment, or beginning school. The
3 Court shall require the person to read and sign such form as
4 may be required by the Department of State Police stating that
5 the duty to register and the procedure for registration has
6 been explained to him or her and that he or she understands the
7 duty to register and the procedure for registration. The Court
8 shall further advise the person in writing that the failure to
9 register or other violation of this Article shall result in
10 probation revocation. The Court shall obtain information about
11 where the person expects to reside, work, and attend school
12 upon his or her release, and shall report the information to
13 the Department of State Police. The Court shall give one copy
14 of the form to the person and retain the original in the court
15 records. The Department of State Police shall notify the law
16 enforcement agencies having jurisdiction where the person
17 expects to reside, work and attend school upon his or her
18 release.
19 (Source: P.A. 94-168, eff. 1-1-06.)
 
20     (730 ILCS 150/5-5)
21     Sec. 5-5. Discharge of sex offender or sexual predator from
22 a hospital or other treatment facility; duties of the official
23 in charge. Any sex offender, as defined in Section 2 of this
24 Act, or sexual predator, as defined in this Article, who is
25 discharged or released from a hospital or other treatment

 

 

09500SB1397ham002 - 42 - LRB095 11053 RLC 37543 a

1 facility where he or she was confined shall be informed by the
2 hospital or treatment facility in which he or she was confined,
3 prior to discharge or release from the hospital or treatment
4 facility, of his or her duty to register under this Article.
5     The facility shall require the person to read and sign such
6 form as may be required by the Department of State Police
7 stating that the duty to register and the procedure for
8 registration has been explained to him or her and that he or
9 she understands the duty to register and the procedure for
10 registration. The facility shall give one copy of the form to
11 the person, retain one copy for their records, and forward the
12 original to the Department of State Police. The facility shall
13 obtain information about where the person expects to reside,
14 work, and attend school upon his or her discharge, parole, or
15 release and shall report the information to the Department of
16 State Police within 3 days. The facility or institution shall
17 also inform any person who must register that if he or she
18 establishes a residence outside of the State of Illinois, is
19 employed outside of the State of Illinois, or attends school
20 outside of the State of Illinois, he or she must register in
21 the new state within 3 days 5 days after establishing the
22 residence, beginning school, or beginning employment. The
23 Department of State Police shall notify the law enforcement
24 agencies having jurisdiction where the person expects to
25 reside, work, and attend school upon his or her release.
26 (Source: P.A. 94-168, eff. 1-1-06.)
 

 

 

09500SB1397ham002 - 43 - LRB095 11053 RLC 37543 a

1     (730 ILCS 150/6)  (from Ch. 38, par. 226)
2     Sec. 6. Duty to report; change of address, school, or
3 employment; duty to inform. A person who has been adjudicated
4 to be sexually dangerous or is a sexually violent person and is
5 later released, or found to be no longer sexually dangerous or
6 no longer a sexually violent person and discharged, or
7 convicted of a violation of this Act after July 1, 2005, shall
8 report in person to the law enforcement agency with whom he or
9 she last registered no later than 90 days after the date of his
10 or her last registration and every 90 days thereafter and at
11 such other times at the request of the law enforcement agency
12 not to exceed 4 times a year. Any person who lacks a fixed
13 residence must report weekly, in person, to the appropriate law
14 enforcement agency where the sex offender is located. Any other
15 person who is required to register under this Article shall
16 report in person to the appropriate law enforcement agency with
17 whom he or she last registered within one year from the date of
18 last registration and every year thereafter and at such other
19 times at the request of the law enforcement agency not to
20 exceed 4 times a year. If any person required to register under
21 this Article lacks a fixed residence or temporary domicile, he
22 or she must notify, in person, the agency of jurisdiction of
23 his or her last known address within 3 days 5 days after
24 ceasing to have a fixed residence and if the offender leaves
25 the last jurisdiction of residence, he or she, must within 3

 

 

09500SB1397ham002 - 44 - LRB095 11053 RLC 37543 a

1 days 48 hours after leaving register in person with the new
2 agency of jurisdiction. If any other person required to
3 register under this Article changes his or her residence
4 address, place of employment, or school, he or she shall report
5 in person to 5 the law enforcement agency with whom he or she
6 last registered of his or her new address, change in
7 employment, or school and register, in person, with the
8 appropriate law enforcement agency within the time period
9 specified in Section 3. The law enforcement agency shall,
10 within 3 days of the reporting in person by the person required
11 to register under this Article, notify the Department of State
12 Police of the new place of residence, change in employment, or
13 school.
14     If any person required to register under this Article
15 intends to establish a residence or employment outside of the
16 State of Illinois, at least 10 days before establishing that
17 residence or employment, he or she shall report in person to
18 the law enforcement agency with which he or she last registered
19 of his or her out-of-state intended residence or employment.
20 The law enforcement agency with which such person last
21 registered shall, within 3 days after the reporting in person
22 of the person required to register under this Article of an
23 address or employment change, notify the Department of State
24 Police. The Department of State Police shall forward such
25 information to the out-of-state law enforcement agency having
26 jurisdiction in the form and manner prescribed by the

 

 

09500SB1397ham002 - 45 - LRB095 11053 RLC 37543 a

1 Department of State Police.
2 (Source: P.A. 93-977, eff. 8-20-04; 94-166, eff. 1-1-06;
3 94-168, eff. 1-1-06; revised 8-19-05.)
 
4     (730 ILCS 150/6-5)
5     Sec. 6-5. Out-of-State employee or student; duty to report
6 change. Every out-of-state student or out-of-state employee
7 must notify the agency having jurisdiction of any change of
8 employment or change of educational status, in writing, within
9 3 days 5 days of the change. The law enforcement agency shall,
10 within 3 days after receiving the notice, enter the appropriate
11 changes into LEADS.
12 (Source: P.A. 94-168, eff. 1-1-06.)
 
13     (730 ILCS 150/7)  (from Ch. 38, par. 227)
14     Sec. 7. Duration of registration. A person who has been
15 adjudicated to be sexually dangerous and is later released or
16 found to be no longer sexually dangerous and discharged, shall
17 register for the period of his or her natural life. A sexually
18 violent person or sexual predator shall register for the period
19 of his or her natural life after conviction or adjudication if
20 not confined to a penal institution, hospital, or other
21 institution or facility, and if confined, for the period of his
22 or her natural life after parole, discharge, or release from
23 any such facility. Any other person who is required to register
24 under this Article shall be required to register for a period

 

 

09500SB1397ham002 - 46 - LRB095 11053 RLC 37543 a

1 of 10 years after conviction or adjudication if not confined to
2 a penal institution, hospital or any other institution or
3 facility, and if confined, for a period of 10 years after
4 parole, discharge or release from any such facility. A sex
5 offender who is allowed to leave a county, State, or federal
6 facility for the purposes of work release, education, or
7 overnight visitations shall be required to register within 3
8 days 5 days of beginning such a program. Liability for
9 registration terminates at the expiration of 10 years from the
10 date of conviction or adjudication if not confined to a penal
11 institution, hospital or any other institution or facility and
12 if confined, at the expiration of 10 years from the date of
13 parole, discharge or release from any such facility, providing
14 such person does not, during that period, again become liable
15 to register under the provisions of this Article. Reconfinement
16 due to a violation of parole or other circumstances that
17 relates to the original conviction or adjudication shall extend
18 the period of registration to 10 years after final parole,
19 discharge, or release. The Director of State Police, consistent
20 with administrative rules, shall extend for 10 years the
21 registration period of any sex offender, as defined in Section
22 2 of this Act, who fails to comply with the provisions of this
23 Article. The registration period for any sex offender who fails
24 to comply with any provision of the Act shall extend the period
25 of registration by 10 years beginning from the first date of
26 registration after the violation. If the registration period is

 

 

09500SB1397ham002 - 47 - LRB095 11053 RLC 37543 a

1 extended, the Department of State Police shall send a
2 registered letter to the law enforcement agency where the sex
3 offender resides within 3 days after the extension of the
4 registration period. The sex offender shall report to that law
5 enforcement agency and sign for that letter. One copy of that
6 letter shall be kept on file with the law enforcement agency of
7 the jurisdiction where the sex offender resides and one copy
8 shall be returned to the Department of State Police.
9 (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;
10 94-168, eff. 1-1-06; revised 8-19-05.)
 
11     Section 20. The Sex Offender Community Notification Law is
12 amended by changing Section 120 as follows:
 
13     (730 ILCS 152/120)
14     Sec. 120. Community notification of sex offenders.
15     (a) The sheriff of the county, except Cook County, shall
16 disclose to the following the name, address, date of birth,
17 place of employment, school attended, and offense or
18 adjudication of all sex offenders required to register under
19 Section 3 of the Sex Offender Registration Act:
20         (1) The boards of institutions of higher education or
21     other appropriate administrative offices of each
22     non-public institution of higher education located in the
23     county where the sex offender is required to register,
24     resides, is employed, or is attending an institution of

 

 

09500SB1397ham002 - 48 - LRB095 11053 RLC 37543 a

1     higher education; and
2         (2) School boards of public school districts and the
3     principal or other appropriate administrative officer of
4     each nonpublic school located in the county where the sex
5     offender is required to register or is employed; and
6         (3) Child care facilities located in the county where
7     the sex offender is required to register or is employed; .
8         (4) Public libraries located in the county where the
9     sex offender is required to register or is employed;
10         (5) Public housing agencies located in the county where
11     the sex offender is required to register or is employed;
12         (6) The Illinois Department of Children and Family
13     Services;
14         (7) Social service agencies providing services to
15     minors located in the county where the sex offender is
16     required to register or is employed; and
17         (8) Volunteer organizations providing services to
18     minors located in the county where the sex offender is
19     required to register or is employed.
20     (a-2) The sheriff of Cook County shall disclose to the
21 following the name, address, date of birth, place of
22 employment, school attended, and offense or adjudication of all
23 sex offenders required to register under Section 3 of the Sex
24 Offender Registration Act:
25         (1) School boards of public school districts and the
26     principal or other appropriate administrative officer of

 

 

09500SB1397ham002 - 49 - LRB095 11053 RLC 37543 a

1     each nonpublic school located within the region of Cook
2     County, as those public school districts and nonpublic
3     schools are identified in LEADS, other than the City of
4     Chicago, where the sex offender is required to register or
5     is employed; and
6         (2) Child care facilities located within the region of
7     Cook County, as those child care facilities are identified
8     in LEADS, other than the City of Chicago, where the sex
9     offender is required to register or is employed; and
10         (3) The boards of institutions of higher education or
11     other appropriate administrative offices of each
12     non-public institution of higher education located in the
13     county, other than the City of Chicago, where the sex
14     offender is required to register, resides, is employed, or
15     attending an institution of higher education; .
16         (4) Public libraries located in the county, other than
17     the City of Chicago, where the sex offender is required to
18     register, resides, is employed, or attending an
19     institution of higher education;
20         (5) Public housing agencies located in the county,
21     other than the City of Chicago, where the sex offender is
22     required to register, resides, is employed, or attending an
23     institution of higher education;
24         (6) The Illinois Department of Children and Family
25     Services;
26         (7) Social service agencies providing services to

 

 

09500SB1397ham002 - 50 - LRB095 11053 RLC 37543 a

1     minors located in the county, other than the City of
2     Chicago, where the sex offender is required to register,
3     resides, is employed, or attending an institution of higher
4     education; and
5         (8) Volunteer organizations providing services to
6     minors located in the county, other than the City of
7     Chicago, where the sex offender is required to register,
8     resides, is employed, or attending an institution of higher
9     education.
10     (a-3) The Chicago Police Department shall disclose to the
11 following the name, address, date of birth, place of
12 employment, school attended, and offense or adjudication of all
13 sex offenders required to register under Section 3 of the Sex
14 Offender Registration Act:
15         (1) School boards of public school districts and the
16     principal or other appropriate administrative officer of
17     each nonpublic school located in the police district where
18     the sex offender is required to register or is employed if
19     the offender is required to register or is employed in the
20     City of Chicago; and
21         (2) Child care facilities located in the police
22     district where the sex offender is required to register or
23     is employed if the offender is required to register or is
24     employed in the City of Chicago; and
25         (3) The boards of institutions of higher education or
26     other appropriate administrative offices of each

 

 

09500SB1397ham002 - 51 - LRB095 11053 RLC 37543 a

1     non-public institution of higher education located in the
2     police district where the sex offender is required to
3     register, resides, is employed, or attending an
4     institution of higher education in the City of Chicago; .
5         (4) Public libraries located in the police district
6     where the sex offender is required to register, resides, is
7     employed, or attending an institution of higher education
8     in the City of Chicago;
9         (5) Public housing agencies located in the police
10     district where the sex offender is required to register,
11     resides, is employed, or attending an institution of higher
12     education in the City of Chicago;
13         (6) The Illinois Department of Children and Family
14     Services;
15         (7) Social service agencies providing services to
16     minors located in the police district where the sex
17     offender is required to register, resides, is employed, or
18     attending an institution of higher education in the City of
19     Chicago; and
20         (8) Volunteer organizations providing services to
21     minors located in the police district where the sex
22     offender is required to register, resides, is employed, or
23     attending an institution of higher education in the City of
24     Chicago.
25     (a-4) The Department of State Police shall provide a list
26 of sex offenders required to register to the Illinois

 

 

09500SB1397ham002 - 52 - LRB095 11053 RLC 37543 a

1 Department of Children and Family Services.
2     (b) The Department of State Police and any law enforcement
3 agency may disclose, in the Department's or agency's
4 discretion, the following information to any person likely to
5 encounter a sex offender, or sexual predator:
6         (1) The offender's name, address, and date of birth.
7         (2) The offense for which the offender was convicted.
8         (3) Adjudication as a sexually dangerous person.
9         (4) The offender's photograph or other such
10     information that will help identify the sex offender.
11         (5) Offender employment information, to protect public
12     safety.
13     (c) The name, address, date of birth, offense or
14 adjudication, the county of conviction, license plate numbers
15 for every vehicle registered in the name of the sex offender,
16 the age of the sex offender at the time of the commission of
17 the offense, the age of the victim at the time of the
18 commission of the offense, and any distinguishing marks located
19 on the body of the sex offender for sex offenders required to
20 register under Section 3 of the Sex Offender Registration Act
21 shall be open to inspection by the public as provided in this
22 Section. Every municipal police department shall make
23 available at its headquarters the information on all sex
24 offenders who are required to register in the municipality
25 under the Sex Offender Registration Act. The sheriff shall also
26 make available at his or her headquarters the information on

 

 

09500SB1397ham002 - 53 - LRB095 11053 RLC 37543 a

1 all sex offenders who are required to register under that Act
2 and who live in unincorporated areas of the county. Sex
3 offender information must be made available for public
4 inspection to any person, no later than 72 hours or 3 business
5 days from the date of the request. The request must be made in
6 person, in writing, or by telephone. Availability must include
7 giving the inquirer access to a facility where the information
8 may be copied. A department or sheriff may charge a fee, but
9 the fee may not exceed the actual costs of copying the
10 information. An inquirer must be allowed to copy this
11 information in his or her own handwriting. A department or
12 sheriff must allow access to the information during normal
13 public working hours. The sheriff or a municipal police
14 department may publish the photographs of sex offenders where
15 any victim was 13 years of age or younger and who are required
16 to register in the municipality or county under the Sex
17 Offender Registration Act in a newspaper or magazine of general
18 circulation in the municipality or county or may disseminate
19 the photographs of those sex offenders on the Internet or on
20 television. The law enforcement agency may make available the
21 information on all sex offenders residing within any county.
22     (d) The Department of State Police and any law enforcement
23 agency having jurisdiction may, in the Department's or agency's
24 discretion, place the information specified in subsection (b)
25 on the Internet or in other media.
26     (e) (Blank).

 

 

09500SB1397ham002 - 54 - LRB095 11053 RLC 37543 a

1     (f) The administrator of a transitional housing facility
2 for sex offenders shall comply with the notification procedures
3 established in paragraph (4) of subsection (b) of Section
4 3-17-5 of the Unified Code of Corrections.
5     (g) A principal or teacher of a public or private
6 elementary or secondary school shall notify the parents of
7 children attending the school during school registration or
8 during parent-teacher conferences that information about sex
9 offenders is available to the public as provided in this Act.
10 (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
11 94-994, eff. 1-1-07.)".