HB1471ham002 100TH GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/26/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1471

2    AMENDMENT NO. ______. Amend House Bill 1471 by replacing
3everything after the enacting clause with the following:
 
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:

 

 

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1        (1) not violate any criminal statute of any
2    jurisdiction during the parole or release term;
3        (2) refrain from possessing a firearm or other
4    dangerous weapon;
5        (3) report to an agent of the Department of
6    Corrections;
7        (4) permit the agent to visit him or her at his or her
8    home, employment, or elsewhere to the extent necessary for
9    the agent to discharge his or her duties;
10        (5) attend or reside in a facility established for the
11    instruction or residence of persons on parole or mandatory
12    supervised release;
13        (6) secure permission before visiting or writing a
14    committed person in an Illinois Department of Corrections
15    facility;
16        (7) report all arrests to an agent of the Department of
17    Corrections as soon as permitted by the arresting authority
18    but in no event later than 24 hours after release from
19    custody and immediately report service or notification of
20    an order of protection, a civil no contact order, or a
21    stalking no contact order to an agent of the Department of
22    Corrections;
23        (7.5) if convicted of a sex offense as defined in the
24    Sex Offender Management Board Act, the individual shall
25    undergo and successfully complete sex offender treatment
26    conducted in conformance with the standards developed by

 

 

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1    the Sex Offender Management Board Act by a treatment
2    provider approved by the Board;
3        (7.6) if convicted of a sex offense as defined in the
4    Sex Offender Management Board Act, refrain from residing at
5    the same address or in the same condominium unit or
6    apartment unit or in the same condominium complex or
7    apartment complex with another person he or she knows or
8    reasonably should know is a convicted sex offender or has
9    been placed on supervision for a sex offense; the
10    provisions of this paragraph do not apply to a person
11    convicted of a sex offense who is placed in a Department of
12    Corrections licensed transitional housing facility for sex
13    offenders, or is in any facility operated or licensed by
14    the Department of Children and Family Services or by the
15    Department of Human Services, or is in any licensed medical
16    facility;
17        (7.7) if convicted for an offense that would qualify
18    the accused as a sexual predator under the Sex Offender
19    Registration Act on or after January 1, 2007 (the effective
20    date of Public Act 94-988), wear an approved electronic
21    monitoring device as defined in Section 5-8A-2 for the
22    duration of the person's parole, mandatory supervised
23    release term, or extended mandatory supervised release
24    term and if convicted for an offense of criminal sexual
25    assault, aggravated criminal sexual assault, predatory
26    criminal sexual assault of a child, criminal sexual abuse,

 

 

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1    aggravated criminal sexual abuse, or ritualized abuse of a
2    child committed on or after August 11, 2009 (the effective
3    date of Public Act 96-236) when the victim was under 18
4    years of age at the time of the commission of the offense
5    and the defendant used force or the threat of force in the
6    commission of the offense wear an approved electronic
7    monitoring device as defined in Section 5-8A-2 that has
8    Global Positioning System (GPS) capability for the
9    duration of the person's parole, mandatory supervised
10    release term, or extended mandatory supervised release
11    term;
12        (7.8) if convicted for an offense committed on or after
13    June 1, 2008 (the effective date of Public Act 95-464) that
14    would qualify the accused as a child sex offender as
15    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
16    1961 or the Criminal Code of 2012, refrain from
17    communicating with or contacting, by means of the Internet,
18    a person who is not related to the accused and whom the
19    accused reasonably believes to be under 18 years of age;
20    for purposes of this paragraph (7.8), "Internet" has the
21    meaning ascribed to it in Section 16-0.1 of the Criminal
22    Code of 2012; and a person is not related to the accused if
23    the person is not: (i) the spouse, brother, or sister of
24    the accused; (ii) a descendant of the accused; (iii) a
25    first or second cousin of the accused; or (iv) a step-child
26    or adopted child of the accused;

 

 

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1        (7.9) if convicted under Section 11-6, 11-20.1,
2    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
3    the Criminal Code of 2012, consent to search of computers,
4    PDAs, cellular phones, and other devices under his or her
5    control that are capable of accessing the Internet or
6    storing electronic files, in order to confirm Internet
7    protocol addresses reported in accordance with the Sex
8    Offender Registration Act and compliance with conditions
9    in this Act;
10        (7.10) if convicted for an offense that would qualify
11    the accused as a sex offender or sexual predator under the
12    Sex Offender Registration Act on or after June 1, 2008 (the
13    effective date of Public Act 95-640), not possess
14    prescription drugs for erectile dysfunction;
15        (7.11) if convicted for an offense under Section 11-6,
16    11-9.1, 11-14.4 that involves soliciting for a juvenile
17    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
18    of the Criminal Code of 1961 or the Criminal Code of 2012,
19    or any attempt to commit any of these offenses, committed
20    on or after June 1, 2009 (the effective date of Public Act
21    95-983):
22            (i) not access or use a computer or any other
23        device with Internet capability without the prior
24        written approval of the Department;
25            (ii) submit to periodic unannounced examinations
26        of the offender's computer or any other device with

 

 

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1        Internet capability by the offender's supervising
2        agent, a law enforcement officer, or assigned computer
3        or information technology specialist, including the
4        retrieval and copying of all data from the computer or
5        device and any internal or external peripherals and
6        removal of such information, equipment, or device to
7        conduct a more thorough inspection;
8            (iii) submit to the installation on the offender's
9        computer or device with Internet capability, at the
10        offender's expense, of one or more hardware or software
11        systems to monitor the Internet use; and
12            (iv) submit to any other appropriate restrictions
13        concerning the offender's use of or access to a
14        computer or any other device with Internet capability
15        imposed by the Board, the Department or the offender's
16        supervising agent;
17        (7.12) if convicted of a sex offense as defined in the
18    Sex Offender Registration Act committed on or after January
19    1, 2010 (the effective date of Public Act 96-262), refrain
20    from accessing or using a social networking website as
21    defined in Section 17-0.5 of the Criminal Code of 2012;
22        (7.13) if convicted of a sex offense as defined in
23    Section 2 of the Sex Offender Registration Act committed on
24    or after January 1, 2010 (the effective date of Public Act
25    96-362) that requires the person to register as a sex
26    offender under that Act, may not knowingly use any computer

 

 

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

 

 

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1    families, or some other pro-social activity in which there
2    is no evidence of criminal intent;
3        (14) provide true and accurate information, as it
4    relates to his or her adjustment in the community while on
5    parole or mandatory supervised release or to his or her
6    conduct while incarcerated, in response to inquiries by his
7    or her parole agent or of the Department of Corrections;
8        (15) follow any specific instructions provided by the
9    parole agent that are consistent with furthering
10    conditions set and approved by the Prisoner Review Board or
11    by law, exclusive of placement on electronic detention, to
12    achieve the goals and objectives of his or her parole or
13    mandatory supervised release or to protect the public.
14    These instructions by the parole agent may be modified at
15    any time, as the agent deems appropriate;
16        (16) if convicted of a sex offense as defined in
17    subsection (a-5) of Section 3-1-2 of this Code, unless the
18    offender is a parent or guardian of the person under 18
19    years of age present in the home and no non-familial minors
20    are present, not participate in a holiday event involving
21    children under 18 years of age, such as distributing candy
22    or other items to children on Halloween, wearing a Santa
23    Claus costume on or preceding Christmas, being employed as
24    a department store Santa Claus, or wearing an Easter Bunny
25    costume on or preceding Easter;
26        (17) if convicted of a violation of an order of

 

 

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1    protection under Section 12-3.4 or Section 12-30 of the
2    Criminal Code of 1961 or the Criminal Code of 2012, be
3    placed under electronic surveillance as provided in
4    Section 5-8A-7 of this Code;
5        (18) comply with the terms and conditions of an order
6    of protection issued pursuant to the Illinois Domestic
7    Violence Act of 1986; an order of protection issued by the
8    court of another state, tribe, or United States territory;
9    a no contact order issued pursuant to the Civil No Contact
10    Order Act; or a no contact order issued pursuant to the
11    Stalking No Contact Order Act;
12        (19) if convicted of a violation of the Methamphetamine
13    Control and Community Protection Act, the Methamphetamine
14    Precursor Control Act, or a methamphetamine related
15    offense, be:
16            (A) prohibited from purchasing, possessing, or
17        having under his or her control any product containing
18        pseudoephedrine unless prescribed by a physician; and
19            (B) prohibited from purchasing, possessing, or
20        having under his or her control any product containing
21        ammonium nitrate;
22        (20) if convicted of a hate crime under Section 12-7.1
23    of the Criminal Code of 2012, perform public or community
24    service of no less than 200 hours and enroll in an
25    educational program discouraging hate crimes involving the
26    protected class identified in subsection (a) of Section

 

 

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1    12-7.1 of the Criminal Code of 2012 that gave rise to the
2    offense the offender committed ordered by the court; and
3        (21) be evaluated by the Department of Corrections
4    prior to release using a validated risk assessment and be
5    subject to a corresponding level of supervision. In
6    accordance with the findings of that evaluation:
7            (A) All subjects found to be at a moderate or high
8        risk to recidivate, or on parole or mandatory
9        supervised release for first degree murder, a forcible
10        felony as defined in Section 2-8 of the Criminal Code
11        of 2012, any felony that requires registration as a sex
12        offender under the Sex Offender Registration Act, or a
13        Class X felony or Class 1 felony that is not a
14        violation of the Cannabis Control Act, the Illinois
15        Controlled Substances Act, or the Methamphetamine
16        Control and Community Protection Act, shall be subject
17        to high level supervision. The Department shall define
18        high level supervision based upon evidence-based and
19        research-based practices. Notwithstanding this
20        placement on high level supervision, placement of the
21        subject on electronic monitoring or detention shall
22        not occur unless it is required by law or expressly
23        ordered or approved by the Prisoner Review Board.
24            (B) All subjects found to be at a low risk to
25        recidivate shall be subject to low-level supervision,
26        except for those subjects on parole or mandatory

 

 

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1        supervised release for first degree murder, a forcible
2        felony as defined in Section 2-8 of the Criminal Code
3        of 2012, any felony that requires registration as a sex
4        offender under the Sex Offender Registration Act, or a
5        Class X felony or Class 1 felony that is not a
6        violation of the Cannabis Control Act, the Illinois
7        Controlled Substances Act, or the Methamphetamine
8        Control and Community Protection Act. Low level
9        supervision shall require the subject to check in with
10        the supervising officer via phone or other electronic
11        means. Notwithstanding this placement on low level
12        supervision, placement of the subject on electronic
13        monitoring or detention shall not occur unless it is
14        required by law or expressly ordered or approved by the
15        Prisoner Review Board.
16    (b) The Board may in addition to other conditions require
17that the subject:
18        (1) work or pursue a course of study or vocational
19    training;
20        (2) undergo medical or psychiatric treatment, or
21    treatment for drug addiction or alcoholism;
22        (3) attend or reside in a facility established for the
23    instruction or residence of persons on probation or parole;
24        (4) support his or her dependents;
25        (5) (blank);
26        (6) (blank);

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (e) The Department shall inform all offenders committed to
2the Department of the optional services available to them upon
3release and shall assist inmates in availing themselves of such
4optional services upon their release on a voluntary basis.
5    (f) (Blank).
6(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
7100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
81-8-18.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".