Full Text of HB1471 100th General Assembly
HB1471ham004 100TH GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 4/25/2018
| | 10000HB1471ham004 | | LRB100 03295 RLC 39377 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1471
| 2 | | AMENDMENT NO. ______. Amend House Bill 1471, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Unified Code of Corrections is amended by | 6 | | changing Section 3-3-7 as follows: | 7 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 8 | | Sec. 3-3-7. Conditions of parole or mandatory supervised | 9 | | release.
| 10 | | (a) The conditions of parole or mandatory
supervised | 11 | | release shall be such as the Prisoner Review
Board deems | 12 | | necessary to assist the subject in leading a
law-abiding life. | 13 | | The conditions of every parole and mandatory
supervised release | 14 | | are that the subject:
| 15 | | (1) not violate any criminal statute of any | 16 | | jurisdiction
during the parole or release term;
|
| | | 10000HB1471ham004 | - 2 - | LRB100 03295 RLC 39377 a |
|
| 1 | | (2) refrain from possessing a firearm or other | 2 | | dangerous
weapon;
| 3 | | (3) report to an agent of the Department of | 4 | | Corrections;
| 5 | | (4) permit the agent to visit him or her at his or her | 6 | | home, employment,
or
elsewhere to the
extent necessary for | 7 | | the agent to discharge his or her duties;
| 8 | | (5) attend or reside in a facility established for the | 9 | | instruction or
residence
of persons on
parole or mandatory | 10 | | supervised release;
| 11 | | (6) secure permission before visiting or writing a | 12 | | committed person in an
Illinois Department
of Corrections | 13 | | facility;
| 14 | | (7) report all arrests to an agent of the Department of | 15 | | Corrections as
soon as
permitted by the
arresting authority | 16 | | but in no event later than 24 hours after release from
| 17 | | custody and immediately report service or notification of | 18 | | an order of protection, a civil no contact order, or a | 19 | | stalking no contact order to an agent of the Department of | 20 | | Corrections;
| 21 | | (7.5) if convicted of a sex offense as defined in the | 22 | | Sex Offender
Management Board Act, the individual shall | 23 | | undergo and successfully complete
sex offender treatment | 24 | | conducted in conformance with the standards developed by
| 25 | | the Sex
Offender Management Board Act by a treatment | 26 | | provider approved by the Board;
|
| | | 10000HB1471ham004 | - 3 - | LRB100 03295 RLC 39377 a |
|
| 1 | | (7.6) if convicted of a sex offense as defined in the | 2 | | Sex Offender
Management Board Act, refrain from residing at | 3 | | the same address or in the same condominium unit or | 4 | | apartment unit or in the same condominium complex or | 5 | | apartment complex with another person he or she knows or | 6 | | reasonably should know is a convicted sex offender or has | 7 | | been placed on supervision for a sex offense; the | 8 | | provisions of this paragraph do not apply to a person | 9 | | convicted of a sex offense who is placed in a Department of | 10 | | Corrections licensed transitional housing facility for sex | 11 | | offenders, or is in any facility operated or licensed by | 12 | | the Department of Children and Family Services or by the | 13 | | Department of Human Services, or is in any licensed medical | 14 | | facility;
| 15 | | (7.7) if convicted for an offense that would qualify | 16 | | the accused as a sexual predator under the Sex Offender | 17 | | Registration Act on or after January 1, 2007 (the effective | 18 | | date of Public Act 94-988), wear an approved electronic | 19 | | monitoring device as defined in Section 5-8A-2 for the | 20 | | duration of the person's parole, mandatory supervised | 21 | | release term, or extended mandatory supervised release | 22 | | term and if convicted for an offense of criminal sexual | 23 | | assault, aggravated criminal sexual assault, predatory | 24 | | criminal sexual assault of a child, criminal sexual abuse, | 25 | | aggravated criminal sexual abuse, or ritualized abuse of a | 26 | | child committed on or after August 11, 2009 (the effective |
| | | 10000HB1471ham004 | - 4 - | LRB100 03295 RLC 39377 a |
|
| 1 | | date of Public Act 96-236) when the victim was under 18 | 2 | | years of age at the time of the commission of the offense | 3 | | and the defendant used force or the threat of force in the | 4 | | commission of the offense wear an approved electronic | 5 | | monitoring device as defined in Section 5-8A-2 that has | 6 | | Global Positioning System (GPS) capability for the | 7 | | duration of the person's parole, mandatory supervised | 8 | | release term, or extended mandatory supervised release | 9 | | term;
| 10 | | (7.8) if convicted for an offense committed on or after | 11 | | June 1, 2008 (the effective date of Public Act 95-464) that | 12 | | would qualify the accused as a child sex offender as | 13 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012, refrain from | 15 | | communicating with or contacting, by means of the Internet, | 16 | | a person who is not related to the accused and whom the | 17 | | accused reasonably believes to be under 18 years of age; | 18 | | for purposes of this paragraph (7.8), "Internet" has the | 19 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 20 | | Code of 2012; and a person is not related to the accused if | 21 | | the person is not: (i) the spouse, brother, or sister of | 22 | | the accused; (ii) a descendant of the accused; (iii) a | 23 | | first or second cousin of the accused; or (iv) a step-child | 24 | | or adopted child of the accused;
| 25 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 26 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or |
| | | 10000HB1471ham004 | - 5 - | LRB100 03295 RLC 39377 a |
|
| 1 | | the Criminal Code of 2012, consent to search of computers, | 2 | | PDAs, cellular phones, and other devices under his or her | 3 | | control that are capable of accessing the Internet or | 4 | | storing electronic files, in order to confirm Internet | 5 | | protocol addresses reported in accordance with the Sex | 6 | | Offender Registration Act and compliance with conditions | 7 | | in this Act;
| 8 | | (7.10)
if convicted for an offense that would qualify | 9 | | the accused as a sex offender or sexual predator under the | 10 | | Sex Offender Registration Act on or after June 1, 2008 (the | 11 | | effective date of Public Act 95-640), not possess | 12 | | prescription drugs for erectile dysfunction;
| 13 | | (7.11) if convicted for an offense under Section 11-6, | 14 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 15 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 16 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 17 | | or any attempt to commit any of these offenses, committed | 18 | | on or after June 1, 2009 (the effective date of Public Act | 19 | | 95-983): | 20 | | (i) not access or use a computer or any other | 21 | | device with Internet capability without the prior | 22 | | written approval of the Department; | 23 | | (ii) submit to periodic unannounced examinations | 24 | | of the offender's computer or any other device with | 25 | | Internet capability by the offender's supervising | 26 | | agent, a law enforcement officer, or assigned computer |
| | | 10000HB1471ham004 | - 6 - | LRB100 03295 RLC 39377 a |
|
| 1 | | or information technology specialist, including the | 2 | | retrieval and copying of all data from the computer or | 3 | | device and any internal or external peripherals and | 4 | | removal of such information, equipment, or device to | 5 | | conduct a more thorough inspection; | 6 | | (iii) submit to the installation on the offender's | 7 | | computer or device with Internet capability, at the | 8 | | offender's expense, of one or more hardware or software | 9 | | systems to monitor the Internet use; and | 10 | | (iv) submit to any other appropriate restrictions | 11 | | concerning the offender's use of or access to a | 12 | | computer or any other device with Internet capability | 13 | | imposed by the Board, the Department or the offender's | 14 | | supervising agent; | 15 | | (7.12) if convicted of a sex offense as defined in the | 16 | | Sex Offender
Registration Act committed on or after January | 17 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 18 | | from accessing or using a social networking website as | 19 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 20 | | (7.13) if convicted of a sex offense as defined in | 21 | | Section 2 of the Sex Offender Registration Act committed on | 22 | | or after January 1, 2010 (the effective date of Public Act | 23 | | 96-362) that requires the person to register as a sex | 24 | | offender under that Act, may not knowingly use any computer | 25 | | scrub software on any computer that the sex offender uses; | 26 | | (8) obtain permission of an agent of the Department of |
| | | 10000HB1471ham004 | - 7 - | LRB100 03295 RLC 39377 a |
|
| 1 | | Corrections before
leaving the
State of Illinois;
| 2 | | (9) obtain permission of an agent of the Department of | 3 | | Corrections before
changing
his or her residence or | 4 | | employment;
| 5 | | (10) consent to a search of his or her person, | 6 | | property, or residence
under his or her
control;
| 7 | | (11) refrain from the use or possession of narcotics or | 8 | | other controlled
substances in
any form, or both, or any | 9 | | paraphernalia related to those substances and submit
to a
| 10 | | urinalysis test as instructed by a parole agent of the | 11 | | Department of
Corrections;
| 12 | | (12) not knowingly frequent places where controlled | 13 | | substances are illegally sold,
used,
distributed, or | 14 | | administered;
| 15 | | (13) not knowingly associate with other persons on | 16 | | parole or mandatory
supervised
release without prior | 17 | | written permission of his or her parole agent, except
when | 18 | | the association involves activities related to community | 19 | | programs, worship services, volunteering, and engaging | 20 | | families, and not
knowingly associate with
persons who are | 21 | | members of an organized gang as that term is defined in the
| 22 | | Illinois
Streetgang Terrorism Omnibus Prevention Act | 23 | | without prior permission of his or her parole agent ;
| 24 | | (14) provide true and accurate information, as it | 25 | | relates to his or her
adjustment in the
community while on | 26 | | parole or mandatory supervised release or to his or her
|
| | | 10000HB1471ham004 | - 8 - | LRB100 03295 RLC 39377 a |
|
| 1 | | conduct
while incarcerated, in response to inquiries by his | 2 | | or her parole agent or of
the
Department of Corrections;
| 3 | | (15) follow any specific instructions provided by the | 4 | | parole agent that
are consistent
with furthering | 5 | | conditions set and approved by the Prisoner Review Board or | 6 | | by
law,
exclusive of placement on electronic detention, to | 7 | | achieve the goals and
objectives of his
or her parole or | 8 | | mandatory supervised release or to protect the public. | 9 | | These
instructions by the parole agent may be modified at | 10 | | any time, as the agent
deems
appropriate;
| 11 | | (16) if convicted of a sex offense as defined in | 12 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 13 | | offender is a parent or guardian of the person under 18 | 14 | | years of age present in the home and no non-familial minors | 15 | | are present, not participate in a holiday event involving | 16 | | children under 18 years of age, such as distributing candy | 17 | | or other items to children on Halloween, wearing a Santa | 18 | | Claus costume on or preceding Christmas, being employed as | 19 | | a department store Santa Claus, or wearing an Easter Bunny | 20 | | costume on or preceding Easter; | 21 | | (17) if convicted of a violation of an order of | 22 | | protection under Section 12-3.4 or Section 12-30 of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 24 | | placed under electronic surveillance as provided in | 25 | | Section 5-8A-7 of this Code; | 26 | | (18) comply with the terms and conditions of an order |
| | | 10000HB1471ham004 | - 9 - | LRB100 03295 RLC 39377 a |
|
| 1 | | of protection issued pursuant to the Illinois Domestic | 2 | | Violence Act of 1986; an order of protection issued by the | 3 | | court of another state, tribe, or United States territory; | 4 | | a no contact order issued pursuant to the Civil No Contact | 5 | | Order Act; or a no contact order issued pursuant to the | 6 | | Stalking No Contact Order Act; | 7 | | (19) if convicted of a violation of the Methamphetamine | 8 | | Control and Community Protection Act, the Methamphetamine
| 9 | | Precursor Control Act, or a methamphetamine related | 10 | | offense, be: | 11 | | (A) prohibited from purchasing, possessing, or | 12 | | having under his or her control any product containing | 13 | | pseudoephedrine unless prescribed by a physician; and | 14 | | (B) prohibited from purchasing, possessing, or | 15 | | having under his or her control any product containing | 16 | | ammonium nitrate; | 17 | | (20) if convicted of a hate crime under Section 12-7.1 | 18 | | of the Criminal Code of 2012, perform public or community | 19 | | service of no less than 200 hours and enroll in an
| 20 | | educational program discouraging hate crimes involving the | 21 | | protected class
identified in subsection (a) of Section | 22 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 23 | | offense the offender committed ordered by the court; and | 24 | | (21) be evaluated by the Department of Corrections | 25 | | prior to release using a validated risk assessment and be | 26 | | subject to a corresponding level of supervision. In |
| | | 10000HB1471ham004 | - 10 - | LRB100 03295 RLC 39377 a |
|
| 1 | | accordance with the findings of that evaluation: | 2 | | (A) All subjects found to be at a moderate or high | 3 | | risk to recidivate, or on parole or mandatory | 4 | | supervised release for first degree murder, a forcible | 5 | | felony as defined in Section 2-8 of the Criminal Code | 6 | | of 2012, any felony that requires registration as a sex | 7 | | offender under the Sex Offender Registration Act, or a | 8 | | Class X felony or Class 1 felony that is not a | 9 | | violation of the Cannabis Control Act, the Illinois | 10 | | Controlled Substances Act, or the Methamphetamine | 11 | | Control and Community Protection Act, shall be subject | 12 | | to high level supervision. The Department shall define | 13 | | high level supervision based upon evidence-based and | 14 | | research-based practices. Notwithstanding this | 15 | | placement on high level supervision, placement of the | 16 | | subject on electronic monitoring or detention shall | 17 | | not occur unless it is required by law or expressly | 18 | | ordered or approved by the Prisoner Review Board. | 19 | | (B) All subjects found to be at a low risk to | 20 | | recidivate shall be subject to low-level supervision, | 21 | | except for those subjects on parole or mandatory | 22 | | supervised release for first degree murder, a forcible | 23 | | felony as defined in Section 2-8 of the Criminal Code | 24 | | of 2012, any felony that requires registration as a sex | 25 | | offender under the Sex Offender Registration Act, or a | 26 | | Class X felony or Class 1 felony that is not a |
| | | 10000HB1471ham004 | - 11 - | LRB100 03295 RLC 39377 a |
|
| 1 | | violation of the Cannabis Control Act, the Illinois | 2 | | Controlled Substances Act, or the Methamphetamine | 3 | | Control and Community Protection Act. Low level | 4 | | supervision shall require the subject to check in with | 5 | | the supervising officer via phone or other electronic | 6 | | means. Notwithstanding this placement on low level | 7 | | supervision, placement of the subject on electronic | 8 | | monitoring or detention shall not occur unless it is | 9 | | required by law or expressly ordered or approved by the | 10 | | Prisoner Review Board. | 11 | | (b) The Board may in addition to other conditions
require | 12 | | that the subject:
| 13 | | (1) work or pursue a course of study or vocational | 14 | | training;
| 15 | | (2) undergo medical or psychiatric treatment, or | 16 | | treatment
for drug addiction or alcoholism;
| 17 | | (3) attend or reside in a facility established for the
| 18 | | instruction or residence of persons on probation or parole;
| 19 | | (4) support his or her dependents;
| 20 | | (5) (blank);
| 21 | | (6) (blank);
| 22 | | (7) (blank);
| 23 | | (7.5) if convicted for an offense committed on or after | 24 | | the effective date of this amendatory Act of the 95th | 25 | | General Assembly that would qualify the accused as a child | 26 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
| | | 10000HB1471ham004 | - 12 - | LRB100 03295 RLC 39377 a |
|
| 1 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain | 2 | | from communicating with or contacting, by means of the | 3 | | Internet, a person who is related to the accused and whom | 4 | | the accused reasonably believes to be under 18 years of | 5 | | age; for purposes of this paragraph (7.5), "Internet" has | 6 | | the meaning ascribed to it in Section 16-0.1 of the | 7 | | Criminal Code of 2012; and a person is related to the | 8 | | accused if the person is: (i) the spouse, brother, or | 9 | | sister of the accused; (ii) a descendant of the accused; | 10 | | (iii) a first or second cousin of the accused; or (iv) a | 11 | | step-child or adopted child of the accused; | 12 | | (7.6) if convicted for an offense committed on or after | 13 | | June 1, 2009 (the effective date of Public Act 95-983) that | 14 | | would qualify as a sex offense as defined in the Sex | 15 | | Offender Registration Act: | 16 | | (i) not access or use a computer or any other | 17 | | device with Internet capability without the prior | 18 | | written approval of the Department; | 19 | | (ii) submit to periodic unannounced examinations | 20 | | of the offender's computer or any other device with | 21 | | Internet capability by the offender's supervising | 22 | | agent, a law enforcement officer, or assigned computer | 23 | | or information technology specialist, including the | 24 | | retrieval and copying of all data from the computer or | 25 | | device and any internal or external peripherals and | 26 | | removal of such information, equipment, or device to |
| | | 10000HB1471ham004 | - 13 - | LRB100 03295 RLC 39377 a |
|
| 1 | | conduct a more thorough inspection; | 2 | | (iii) submit to the installation on the offender's | 3 | | computer or device with Internet capability, at the | 4 | | offender's expense, of one or more hardware or software | 5 | | systems to monitor the Internet use; and | 6 | | (iv) submit to any other appropriate restrictions | 7 | | concerning the offender's use of or access to a | 8 | | computer or any other device with Internet capability | 9 | | imposed by the Board, the Department or the offender's | 10 | | supervising agent; and
| 11 | | (8) in addition, if a minor:
| 12 | | (i) reside with his or her parents or in a foster | 13 | | home;
| 14 | | (ii) attend school;
| 15 | | (iii) attend a non-residential program for youth; | 16 | | or
| 17 | | (iv) contribute to his or her own support at home | 18 | | or in a foster
home.
| 19 | | (b-1) In addition to the conditions set forth in | 20 | | subsections (a) and (b), persons required to register as sex | 21 | | offenders pursuant to the Sex Offender Registration Act, upon | 22 | | release from the custody of the Illinois Department of | 23 | | Corrections, may be required by the Board to comply with the | 24 | | following specific conditions of release: | 25 | | (1) reside only at a Department approved location; | 26 | | (2) comply with all requirements of the Sex Offender |
| | | 10000HB1471ham004 | - 14 - | LRB100 03295 RLC 39377 a |
|
| 1 | | Registration Act;
| 2 | | (3) notify
third parties of the risks that may be | 3 | | occasioned by his or her criminal record; | 4 | | (4) obtain the approval of an agent of the Department | 5 | | of Corrections prior to accepting employment or pursuing a | 6 | | course of study or vocational training and notify the | 7 | | Department prior to any change in employment, study, or | 8 | | training; | 9 | | (5) not be employed or participate in any
volunteer | 10 | | activity that involves contact with children, except under | 11 | | circumstances approved in advance and in writing by an | 12 | | agent of the Department of Corrections; | 13 | | (6) be electronically monitored for a minimum of 12 | 14 | | months from the date of release as determined by the Board;
| 15 | | (7) refrain from entering into a designated
geographic | 16 | | area except upon terms approved in advance by an agent of | 17 | | the Department of Corrections. The terms may include | 18 | | consideration of the purpose of the entry, the time of day, | 19 | | and others accompanying the person; | 20 | | (8) refrain from having any contact, including
written | 21 | | or oral communications, directly or indirectly, personally | 22 | | or by telephone, letter, or through a third party with | 23 | | certain specified persons including, but not limited to, | 24 | | the victim or the victim's family without the prior written | 25 | | approval of an agent of the Department of Corrections; | 26 | | (9) refrain from all contact, directly or
indirectly, |
| | | 10000HB1471ham004 | - 15 - | LRB100 03295 RLC 39377 a |
|
| 1 | | personally, by telephone, letter, or through a third party, | 2 | | with minor children without prior identification and | 3 | | approval of an agent of the Department of Corrections; | 4 | | (10) neither possess or have under his or her
control | 5 | | any material that is sexually oriented, sexually | 6 | | stimulating, or that shows male or female sex organs or any | 7 | | pictures depicting children under 18 years of age nude or | 8 | | any written or audio material describing sexual | 9 | | intercourse or that depicts or alludes to sexual activity, | 10 | | including but not limited to visual, auditory, telephonic, | 11 | | or electronic media, or any matter obtained through access | 12 | | to any computer or material linked to computer access use; | 13 | | (11) not patronize any business providing
sexually | 14 | | stimulating or sexually oriented entertainment nor utilize | 15 | | "900" or adult telephone numbers; | 16 | | (12) not reside near, visit, or be in or about
parks, | 17 | | schools, day care centers, swimming pools, beaches, | 18 | | theaters, or any other places where minor children | 19 | | congregate without advance approval of an agent of the | 20 | | Department of Corrections and immediately report any | 21 | | incidental contact with minor children to the Department; | 22 | | (13) not possess or have under his or her control
| 23 | | certain specified items of contraband related to the | 24 | | incidence of sexually offending as determined by an agent | 25 | | of the Department of Corrections; | 26 | | (14) may be required to provide a written daily log of |
| | | 10000HB1471ham004 | - 16 - | LRB100 03295 RLC 39377 a |
|
| 1 | | activities
if directed by an agent of the Department of | 2 | | Corrections; | 3 | | (15) comply with all other special conditions
that the | 4 | | Department may impose that restrict the person from | 5 | | high-risk situations and limit access to potential | 6 | | victims; | 7 | | (16) take an annual polygraph exam; | 8 | | (17) maintain a log of his or her travel; or | 9 | | (18) obtain prior approval of his or her parole officer | 10 | | before driving alone in a motor vehicle.
| 11 | | (c) The conditions under which the parole or mandatory
| 12 | | supervised release is to be served shall be communicated to
the | 13 | | person in writing prior to his or her release, and he or she | 14 | | shall
sign the same before release. A signed copy of these | 15 | | conditions,
including a copy of an order of protection where | 16 | | one had been issued by the
criminal court, shall be retained by | 17 | | the person and another copy forwarded to
the officer in charge | 18 | | of his or her supervision.
| 19 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 20 | | Review Board may modify or enlarge the conditions of parole
or | 21 | | mandatory supervised release.
| 22 | | (e) The Department shall inform all offenders committed to
| 23 | | the Department of the optional services available to them
upon | 24 | | release and shall assist inmates in availing themselves
of such | 25 | | optional services upon their release on a voluntary
basis. | 26 | | (f) (Blank).
|
| | | 10000HB1471ham004 | - 17 - | LRB100 03295 RLC 39377 a |
|
| 1 | | (Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; | 2 | | 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | 3 | | 1-8-18.)".
|
|