Full Text of HB4222 095th General Assembly
HB4222 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4222
Introduced , by Rep. Ruth Munson SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-7 |
from Ch. 38, par. 1003-3-7 |
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Amends the Unified Code of Corrections. Provides that the conditions of every mandatory supervised release include a requirement that the subject of the release, if convicted of an offense committed on or after the effective date of the amendatory Act, agree in writing to be subject to a search or seizure by a parole officer or other peace officer at any time of the day or night, with or without a search warrant and with or without cause.
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A BILL FOR
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HB4222 |
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LRB095 14850 RLC 40790 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-3-7 as follows: | 6 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 |
| (Text of Section after amendment by P.A. 95-464, 95-579, | 8 |
| and 95-640 ) | 9 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 10 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 12 |
| release shall be such as the Prisoner Review
Board deems | 13 |
| necessary to assist the subject in leading a
law-abiding life. | 14 |
| The conditions of every parole and mandatory
supervised release | 15 |
| are that the subject:
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| (1) not violate any criminal statute of any | 17 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 19 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 21 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 23 |
| home, employment,
or
elsewhere to the
extent necessary for |
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| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 3 |
| instruction or
residence
of persons on
parole or mandatory | 4 |
| supervised release;
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| (6) secure permission before visiting or writing a | 6 |
| committed person in an
Illinois Department
of Corrections | 7 |
| facility;
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| (7) report all arrests to an agent of the Department of | 9 |
| Corrections as
soon as
permitted by the
arresting authority | 10 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 13 |
| Sex Offender
Management Board Act, the individual shall | 14 |
| undergo and successfully complete
sex offender treatment | 15 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 17 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 19 |
| Sex Offender
Management Board Act, refrain from residing at | 20 |
| the same address or in the same condominium unit or | 21 |
| apartment unit or in the same condominium complex or | 22 |
| apartment complex with another person he or she knows or | 23 |
| reasonably should know is a convicted sex offender or has | 24 |
| been placed on supervision for a sex offense; the | 25 |
| provisions of this paragraph do not apply to a person | 26 |
| convicted of a sex offense who is placed in a Department of |
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| Corrections licensed transitional housing facility for sex | 2 |
| offenders, or is in any facility operated or licensed by | 3 |
| the Department of Children and Family Services or by the | 4 |
| Department of Human Services, or is in any licensed medical | 5 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 7 |
| the accused as a sexual predator under the Sex Offender | 8 |
| Registration Act on or after the effective date of this | 9 |
| amendatory Act of the 94th General Assembly, wear an | 10 |
| approved electronic monitoring device as defined in | 11 |
| Section 5-8A-2 for the duration of the person's parole, | 12 |
| mandatory supervised release term, or extended mandatory | 13 |
| supervised release term;
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| (7.8) if convicted for an offense committed on or after | 15 |
| the effective date of this amendatory Act of the 95th | 16 |
| General Assembly that would qualify the accused as a child | 17 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 18 |
| Criminal Code of 1961, refrain from communicating with or | 19 |
| contacting, by means of the Internet, a person who is not | 20 |
| related to the accused and whom the accused reasonably | 21 |
| believes to be under 18 years of age; for purposes of this | 22 |
| paragraph (7.8), "Internet" has the meaning ascribed to it | 23 |
| in Section 16J-5 of the Criminal Code of 1961, as added by | 24 |
| Public Act 94-179; and a person is not related to the | 25 |
| accused if the person is not: (i) the spouse, brother, or | 26 |
| sister of the accused; (ii) a descendant of the accused; |
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| (iii) a first or second cousin of the accused; or (iv) a | 2 |
| step-child or adopted child of the accused;
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| (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | 4 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 5 |
| search of computers, PDAs, cellular phones, and other | 6 |
| devices under his or her control that are capable of | 7 |
| accessing the Internet or storing electronic files, in | 8 |
| order to confirm Internet protocol addresses reported in | 9 |
| accordance with the Sex Offender Registration Act and | 10 |
| compliance with conditions in this Act;
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| (7.10)
(7.8) if convicted for an offense that would | 12 |
| qualify the accused as a sex offender or sexual predator | 13 |
| under the Sex Offender Registration Act on or after the | 14 |
| effective date of this amendatory Act of the 95th General | 15 |
| Assembly, not possess prescription drugs for erectile | 16 |
| dysfunction;
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| (8) obtain permission of an agent of the Department of | 18 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 20 |
| Corrections before
changing
his or her residence or | 21 |
| employment;
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| (10) consent to a search of his or her person, | 23 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 25 |
| other controlled
substances in
any form, or both, or any | 26 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 2 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 4 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 6 |
| parole or mandatory
supervised
release without prior | 7 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 9 |
| as that term is defined in the
Illinois
Streetgang | 10 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 12 |
| relates to his or her
adjustment in the
community while on | 13 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 15 |
| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 17 |
| parole agent that
are consistent
with furthering | 18 |
| conditions set and approved by the Prisoner Review Board or | 19 |
| by
law,
exclusive of placement on electronic detention, to | 20 |
| achieve the goals and
objectives of his
or her parole or | 21 |
| mandatory supervised release or to protect the public. | 22 |
| These
instructions by the parole agent may be modified at | 23 |
| any time, as the agent
deems
appropriate; and
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| (16) if convicted of a sex offense as defined in | 25 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 26 |
| offender is a parent or guardian of the person under 18 |
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| years of age present in the home and no non-familial minors | 2 |
| are present, not participate in a holiday event involving | 3 |
| children under 18 years of age, such as distributing candy | 4 |
| or other items to children on Halloween, wearing a Santa | 5 |
| Claus costume on or preceding Christmas, being employed as | 6 |
| a department store Santa Claus, or wearing an Easter Bunny | 7 |
| costume on or preceding Easter ; and . | 8 |
| (17) if convicted of an offense committed on or after | 9 |
| the effective date of this amendatory Act of the 95th | 10 |
| General Assembly, agree in writing to be subject to a | 11 |
| search or seizure by a parole officer or other peace | 12 |
| officer at any time of the day or night, with or without a | 13 |
| search warrant and with or without cause. | 14 |
| (b) The Board may in addition to other conditions
require | 15 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 17 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 19 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of | 26 |
| protection
issued pursuant to the Illinois Domestic |
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| Violence Act of 1986, enacted by the
84th General Assembly, | 2 |
| or an order of protection issued by the court of another
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| state, tribe, or United States territory;
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| (7.5) if convicted for an offense committed on or after | 5 |
| the effective date of this amendatory Act of the 95th | 6 |
| General Assembly that would qualify the accused as a child | 7 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 8 |
| Criminal Code of 1961, refrain from communicating with or | 9 |
| contacting, by means of the Internet, a person who is | 10 |
| related to the accused and whom the accused reasonably | 11 |
| believes to be under 18 years of age; for purposes of this | 12 |
| paragraph (7.5), "Internet" has the meaning ascribed to it | 13 |
| in Section 16J-5 of the Criminal Code of 1961, as added by | 14 |
| Public Act 94-179; and a person is related to the accused | 15 |
| if the person is: (i) the spouse, brother, or sister of the | 16 |
| accused; (ii) a descendant of the accused; (iii) a first or | 17 |
| second cousin of the accused; or (iv) a step-child or | 18 |
| adopted child of the accused; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 23 |
| or
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| (iv) contribute to his own support at home or in a | 25 |
| foster
home.
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| (b-1) In addition to the conditions set forth in |
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| subsections (a) and (b), persons required to register as sex | 2 |
| offenders pursuant to the Sex Offender Registration Act, upon | 3 |
| release from the custody of the Illinois Department of | 4 |
| Corrections, may be required by the Board to comply with the | 5 |
| following specific conditions of release: | 6 |
| (1) reside only at a Department approved location; | 7 |
| (2) comply with all requirements of the Sex Offender | 8 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 10 |
| occasioned by his or her criminal record; | 11 |
| (4) obtain the approval of an agent of the Department | 12 |
| of Corrections prior to accepting employment or pursuing a | 13 |
| course of study or vocational training and notify the | 14 |
| Department prior to any change in employment, study, or | 15 |
| training; | 16 |
| (5) not be employed or participate in any
volunteer | 17 |
| activity that involves contact with children, except under | 18 |
| circumstances approved in advance and in writing by an | 19 |
| agent of the Department of Corrections; | 20 |
| (6) be electronically monitored for a minimum of 12 | 21 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 23 |
| area except upon terms approved in advance by an agent of | 24 |
| the Department of Corrections. The terms may include | 25 |
| consideration of the purpose of the entry, the time of day, | 26 |
| and others accompanying the person; |
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| (8) refrain from having any contact, including
written | 2 |
| or oral communications, directly or indirectly, personally | 3 |
| or by telephone, letter, or through a third party with | 4 |
| certain specified persons including, but not limited to, | 5 |
| the victim or the victim's family without the prior written | 6 |
| approval of an agent of the Department of Corrections; | 7 |
| (9) refrain from all contact, directly or
indirectly, | 8 |
| personally, by telephone, letter, or through a third party, | 9 |
| with minor children without prior identification and | 10 |
| approval of an agent of the Department of Corrections; | 11 |
| (10) neither possess or have under his or her
control | 12 |
| any material that is sexually oriented, sexually | 13 |
| stimulating, or that shows male or female sex organs or any | 14 |
| pictures depicting children under 18 years of age nude or | 15 |
| any written or audio material describing sexual | 16 |
| intercourse or that depicts or alludes to sexual activity, | 17 |
| including but not limited to visual, auditory, telephonic, | 18 |
| or electronic media, or any matter obtained through access | 19 |
| to any computer or material linked to computer access use; | 20 |
| (11) not patronize any business providing
sexually | 21 |
| stimulating or sexually oriented entertainment nor utilize | 22 |
| "900" or adult telephone numbers; | 23 |
| (12) not reside near, visit, or be in or about
parks, | 24 |
| schools, day care centers, swimming pools, beaches, | 25 |
| theaters, or any other places where minor children | 26 |
| congregate without advance approval of an agent of the |
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| Department of Corrections and immediately report any | 2 |
| incidental contact with minor children to the Department; | 3 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 5 |
| incidence of sexually offending as determined by an agent | 6 |
| of the Department of Corrections; | 7 |
| (14) may be required to provide a written daily log of | 8 |
| activities
if directed by an agent of the Department of | 9 |
| Corrections; | 10 |
| (15) comply with all other special conditions
that the | 11 |
| Department may impose that restrict the person from | 12 |
| high-risk situations and limit access to potential | 13 |
| victims; | 14 |
| (16) take an annual polygraph exam; | 15 |
| (17) maintain a log of his or her travel; or | 16 |
| (18) obtain prior approval of his or her parole officer | 17 |
| before driving alone in a motor vehicle.
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| (c) The conditions under which the parole or mandatory
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| supervised release is to be served shall be communicated to
the | 20 |
| person in writing prior to his release, and he shall
sign the | 21 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 23 |
| issued by the
criminal court, shall be retained by the person | 24 |
| and another copy forwarded to
the officer in charge of his | 25 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 2 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | 5 |
| release and shall assist inmates in availing themselves
of such | 6 |
| optional services upon their release on a voluntary
basis. | 7 |
| (f) When the subject is in compliance with all conditions | 8 |
| of his or her parole or mandatory supervised release, the | 9 |
| subject shall receive a reduction of the period of his or her | 10 |
| parole or mandatory supervised release of 90 days upon passage | 11 |
| of the high school level Test of General Educational | 12 |
| Development during the period of his or her parole or mandatory | 13 |
| supervised release. This reduction in the period of a subject's | 14 |
| term of parole or mandatory supervised release shall be | 15 |
| available only to subjects who have not previously earned a | 16 |
| high school diploma or who have not previously passed the high | 17 |
| school level Test of General Educational Development.
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| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 19 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 20 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 10-30-07.)
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