Illinois General Assembly - Full Text of HB1471
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Full Text of HB1471  100th General Assembly

HB1471eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB1471 EngrossedLRB100 03295 RLC 13300 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Free Meek
5Mill Act.
 
6    Section 5. The Unified Code of Corrections is amended by
7changing Section 3-3-7 as follows:
 
8    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
9    Sec. 3-3-7. Conditions of parole or mandatory supervised
10release.
11    (a) The conditions of parole or mandatory supervised
12release shall be such as the Prisoner Review Board deems
13necessary to assist the subject in leading a law-abiding life.
14The conditions of every parole and mandatory supervised release
15are that the subject:
16        (1) not violate any criminal statute of any
17    jurisdiction during the parole or release term;
18        (2) refrain from possessing a firearm or other
19    dangerous weapon;
20        (3) report to an agent of the Department of
21    Corrections;
22        (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 and immediately report service or notification of
13    an order of protection, a civil no contact order, or a
14    stalking no contact order to an agent of the Department of
15    Corrections;
16        (7.5) if convicted of a sex offense as defined in the
17    Sex Offender Management Board Act, the individual shall
18    undergo and successfully complete sex offender treatment
19    conducted in conformance with the standards developed by
20    the Sex Offender Management Board Act by a treatment
21    provider approved by the Board;
22        (7.6) if convicted of a sex offense as defined in the
23    Sex Offender Management Board Act, refrain from residing at
24    the same address or in the same condominium unit or
25    apartment unit or in the same condominium complex or
26    apartment complex with another person he or she knows or

 

 

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1    reasonably should know is a convicted sex offender or has
2    been placed on supervision for a sex offense; the
3    provisions of this paragraph do not apply to a person
4    convicted of a sex offense who is placed in a Department of
5    Corrections licensed transitional housing facility for sex
6    offenders, or is in any facility operated or licensed by
7    the Department of Children and Family Services or by the
8    Department of Human Services, or is in any licensed medical
9    facility;
10        (7.7) if convicted for an offense that would qualify
11    the accused as a sexual predator under the Sex Offender
12    Registration Act on or after January 1, 2007 (the effective
13    date of Public Act 94-988), wear an approved electronic
14    monitoring device as defined in Section 5-8A-2 for the
15    duration of the person's parole, mandatory supervised
16    release term, or extended mandatory supervised release
17    term and if convicted for an offense of criminal sexual
18    assault, aggravated criminal sexual assault, predatory
19    criminal sexual assault of a child, criminal sexual abuse,
20    aggravated criminal sexual abuse, or ritualized abuse of a
21    child committed on or after August 11, 2009 (the effective
22    date of Public Act 96-236) when the victim was under 18
23    years of age at the time of the commission of the offense
24    and the defendant used force or the threat of force in the
25    commission of the offense wear an approved electronic
26    monitoring device as defined in Section 5-8A-2 that has

 

 

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

 

 

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

 

 

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

 

 

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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 knowingly frequent places where controlled
8    substances are illegally sold, used, distributed, or
9    administered;
10        (13) not knowingly associate with other persons on
11    parole or mandatory supervised release without prior
12    written permission of his or her parole agent, except when
13    the association involves activities related to community
14    programs, worship services, volunteering, and engaging
15    families, and not associate with persons who are members of
16    an organized gang as that term is defined in the Illinois
17    Streetgang Terrorism Omnibus Prevention Act, except when
18    the association involves activities related to community
19    programs, worship, services, volunteering, engaging
20    families, or some other pro-social activity in which there
21    is no evidence of criminal intent;
22        (14) provide true and accurate information, as it
23    relates to his or her adjustment in the community while on
24    parole or mandatory supervised release or to his or her
25    conduct while incarcerated, in response to inquiries by his
26    or her parole agent or of the Department of Corrections;

 

 

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1        (15) follow any specific instructions provided by the
2    parole agent that are consistent with furthering
3    conditions set and approved by the Prisoner Review Board or
4    by law, exclusive of placement on electronic detention, to
5    achieve the goals and objectives of his or her parole or
6    mandatory supervised release or to protect the public.
7    These instructions by the parole agent may be modified at
8    any time, as the agent deems appropriate;
9        (16) if convicted of a sex offense as defined in
10    subsection (a-5) of Section 3-1-2 of this Code, unless the
11    offender is a parent or guardian of the person under 18
12    years of age present in the home and no non-familial minors
13    are present, not participate in a holiday event involving
14    children under 18 years of age, such as distributing candy
15    or other items to children on Halloween, wearing a Santa
16    Claus costume on or preceding Christmas, being employed as
17    a department store Santa Claus, or wearing an Easter Bunny
18    costume on or preceding Easter;
19        (17) if convicted of a violation of an order of
20    protection under Section 12-3.4 or Section 12-30 of the
21    Criminal Code of 1961 or the Criminal Code of 2012, be
22    placed under electronic surveillance as provided in
23    Section 5-8A-7 of this Code;
24        (18) comply with the terms and conditions of an order
25    of protection issued pursuant to the Illinois Domestic
26    Violence Act of 1986; an order of protection issued by the

 

 

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

 

 

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

 

 

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1        Control and Community Protection Act. Low level
2        supervision shall require the subject to check in with
3        the supervising officer via phone or other electronic
4        means. Notwithstanding this placement on low level
5        supervision, placement of the subject on electronic
6        monitoring or detention shall not occur unless it is
7        required by law or expressly ordered or approved by the
8        Prisoner Review Board.
9    (b) The Board may in addition to other conditions require
10that the subject:
11        (1) work or pursue a course of study or vocational
12    training;
13        (2) undergo medical or psychiatric treatment, or
14    treatment for drug addiction or alcoholism;
15        (3) attend or reside in a facility established for the
16    instruction or residence of persons on probation or parole;
17        (4) support his or her dependents;
18        (5) (blank);
19        (6) (blank);
20        (7) (blank);
21        (7.5) if convicted for an offense committed on or after
22    the effective date of this amendatory Act of the 95th
23    General Assembly that would qualify the accused as a child
24    sex offender as defined in Section 11-9.3 or 11-9.4 of the
25    Criminal Code of 1961 or the Criminal Code of 2012, refrain
26    from communicating with or contacting, by means of the

 

 

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1    Internet, a person who is related to the accused and whom
2    the accused reasonably believes to be under 18 years of
3    age; for purposes of this paragraph (7.5), "Internet" has
4    the meaning ascribed to it in Section 16-0.1 of the
5    Criminal Code of 2012; and a person is related to the
6    accused if the person is: (i) the spouse, brother, or
7    sister of the accused; (ii) a descendant of the accused;
8    (iii) a first or second cousin of the accused; or (iv) a
9    step-child or adopted child of the accused;
10        (7.6) if convicted for an offense committed on or after
11    June 1, 2009 (the effective date of Public Act 95-983) that
12    would qualify as a sex offense as defined in the Sex
13    Offender Registration Act:
14            (i) not access or use a computer or any other
15        device with Internet capability without the prior
16        written approval of the Department;
17            (ii) submit to periodic unannounced examinations
18        of the offender's computer or any other device with
19        Internet capability by the offender's supervising
20        agent, a law enforcement officer, or assigned computer
21        or information technology specialist, including the
22        retrieval and copying of all data from the computer or
23        device and any internal or external peripherals and
24        removal of such information, equipment, or device to
25        conduct a more thorough inspection;
26            (iii) submit to the installation on the offender's

 

 

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1        computer or device with Internet capability, at the
2        offender's expense, of one or more hardware or software
3        systems to monitor the Internet use; and
4            (iv) submit to any other appropriate restrictions
5        concerning the offender's use of or access to a
6        computer or any other device with Internet capability
7        imposed by the Board, the Department or the offender's
8        supervising agent; and
9        (8) in addition, if a minor:
10            (i) reside with his or her parents or in a foster
11        home;
12            (ii) attend school;
13            (iii) attend a non-residential program for youth;
14        or
15            (iv) contribute to his or her own support at home
16        or in a foster home.
17    (b-1) In addition to the conditions set forth in
18subsections (a) and (b), persons required to register as sex
19offenders pursuant to the Sex Offender Registration Act, upon
20release from the custody of the Illinois Department of
21Corrections, may be required by the Board to comply with the
22following specific conditions of release:
23        (1) reside only at a Department approved location;
24        (2) comply with all requirements of the Sex Offender
25    Registration Act;
26        (3) notify third parties of the risks that may be

 

 

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

 

 

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

 

 

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1        (15) comply with all other special conditions that the
2    Department may impose that restrict the person from
3    high-risk situations and limit access to potential
4    victims;
5        (16) take an annual polygraph exam;
6        (17) maintain a log of his or her travel; or
7        (18) obtain prior approval of his or her parole officer
8    before driving alone in a motor vehicle.
9    (c) The conditions under which the parole or mandatory
10supervised release is to be served shall be communicated to the
11person in writing prior to his or her release, and he or she
12shall sign the same before release. A signed copy of these
13conditions, including a copy of an order of protection where
14one had been issued by the criminal court, shall be retained by
15the person and another copy forwarded to the officer in charge
16of his or her supervision.
17    (d) After a hearing under Section 3-3-9, the Prisoner
18Review Board may modify or enlarge the conditions of parole or
19mandatory supervised release.
20    (e) The Department shall inform all offenders committed to
21the Department of the optional services available to them upon
22release and shall assist inmates in availing themselves of such
23optional services upon their release on a voluntary basis.
24    (f) (Blank).
25(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
26100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

 

 

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11-8-18.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.