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Full Text of HB1471  100th General Assembly

HB1471ham004 100TH GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 4/25/2018

 

 


 

 


 
10000HB1471ham004LRB100 03295 RLC 39377 a

1
AMENDMENT TO HOUSE BILL 1471

2    AMENDMENT NO. ______. Amend House Bill 1471, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Unified Code of Corrections is amended by
6changing 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
9release.
10    (a) The conditions of parole or mandatory supervised
11release shall be such as the Prisoner Review Board deems
12necessary to assist the subject in leading a law-abiding life.
13The conditions of every parole and mandatory supervised release
14are that the subject:
15        (1) not violate any criminal statute of any
16    jurisdiction during the parole or release term;

 

 

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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;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
12that 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

 

 

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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

 

 

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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
20subsections (a) and (b), persons required to register as sex
21offenders pursuant to the Sex Offender Registration Act, upon
22release from the custody of the Illinois Department of
23Corrections, may be required by the Board to comply with the
24following specific conditions of release:
25        (1) reside only at a Department approved location;
26        (2) comply with all requirements of the Sex Offender

 

 

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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,

 

 

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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

 

 

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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
12supervised release is to be served shall be communicated to the
13person in writing prior to his or her release, and he or she
14shall sign the same before release. A signed copy of these
15conditions, including a copy of an order of protection where
16one had been issued by the criminal court, shall be retained by
17the person and another copy forwarded to the officer in charge
18of his or her supervision.
19    (d) After a hearing under Section 3-3-9, the Prisoner
20Review Board may modify or enlarge the conditions of parole or
21mandatory supervised release.
22    (e) The Department shall inform all offenders committed to
23the Department of the optional services available to them upon
24release and shall assist inmates in availing themselves of such
25optional services upon their release on a voluntary basis.
26    (f) (Blank).

 

 

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1(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
2100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
31-8-18.)".