Full Text of HB5203 102nd General Assembly
HB5203 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5203 Introduced 1/31/2022, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 | 730 ILCS 5/3-3-9 | from Ch. 38, par. 1003-3-9 | 730 ILCS 5/3-14-2 | from Ch. 38, par. 1003-14-2 |
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Amends the Unified Code of Corrections. Restructures the provisions concerning the conditions of parole and mandatory supervised release. Provides that any and all conditions of parole or mandatory supervised release shall be imposed by the Prisoner Review Board, unless the conditions of release are being imposed or modified by a parole agent. Provides that any condition imposed by the Prisoner Review Board shall not be more restrictive than necessary to: (1) comply with the parolee or releasee's gender responsive risks, assets, and needs assessment; (2) achieve public safety; and 3) facilitate successful reintegration back into the community. Provides that parole agents shall not modify an existing condition of release or add additional conditions of release without approval from the Prisoner Review Board unless doing so under a rule adopted by the Department of Corrections. Provides that notwithstanding any other provision of law, a parolee or releasee must comply with specific instructions of a parole agent related to complying with conditions already set and approved by the Prisoner Review Board or otherwise imposed by law, exclusive of placement on electronic monitoring or home detention. Provides that all subjects found to be at a low risk to recidivate shall be subject to low-level or no supervision, except for specified offenses. Provides that parole or mandatory supervised release shall not be
revoked solely for failure to comply with a condition of release that requires the parolee or releasee to affirmatively do something, unless there is sufficient evidence the failure was willful. Provides that when considering whether the failure was willful, the parole agent and the Prisoner Review Board must consider the person's ability to pay and the availability of programs or other resources necessary to compliance. Provides that conditions of parole or mandatory supervised release may (rather than shall) include referral to an
alcohol or drug abuse treatment program, as appropriate, only when necessary to comply with trauma and gender informed risk, assets, and needs assessment.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-7, 3-3-9, and 3-14-2 as follows: | 6 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 | | Sec. 3-3-7. Conditions of parole or mandatory supervised | 8 | | release.
| 9 | | (a) Any and all conditions of parole or mandatory | 10 | | supervised release shall be imposed by the Prisoner Review | 11 | | Board, unless the conditions of release are being imposed or | 12 | | modified by a parole agent in accordance with subsection (i). | 13 | | (b) Any condition imposed by the Prisoner Review Board in | 14 | | accordance with subsection (a) shall not be more restrictive | 15 | | than necessary to: | 16 | | (1) comply with the parolee or releasee's gender | 17 | | responsive risks, assets, and needs assessment; | 18 | | (2) achieve public safety; and | 19 | | (3) facilitate successful reintegration back into the | 20 | | community. | 21 | | (c) The Prisoner Review Board shall only impose conditions | 22 | | of parole or mandatory supervised release that derive from and | 23 | | respond to the person in custody's risks, assets, and needs, |
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| 1 | | as identified through a gender responsive assessment tool, in | 2 | | accordance with Section 10 of the Illinois Crime Reduction Act | 3 | | of 2009 and Section 3-2.5-85 of this Code, except that: | 4 | | (1) the Prisoner Review Board may depart from the | 5 | | assessment tool's recommendations if it reasonably | 6 | | concludes that a condition: | 7 | | (A) is not necessary to achieve public safety; or | 8 | | (B) impedes the person in custody's ability to | 9 | | successfully reintegrate into the person's community. | 10 | | (2) the Board shall impose any mandatory conditions | 11 | | identified in subsection (n). | 12 | | (d) Prior to the Prisoner Review Board imposing any | 13 | | discretionary conditions of release under this Section, the | 14 | | person in custody must be provided with a reasonable | 15 | | opportunity to contest the discretionary conditions before | 16 | | they are imposed; and: | 17 | | (1) the Department or the Board, or both, must provide | 18 | | the person in custody or the person's designated | 19 | | representative with the proposed conditions and any | 20 | | relevant underlying materials or information the Board | 21 | | relies on, including the risk, needs, and asset | 22 | | assessment. These materials must be provided 5 days in | 23 | | advance of the first conditions hearing; | 24 | | (2) the Board must consider any information, | 25 | | materials, or evidence provided by the person in custody; | 26 | | (3) the Board must consider any relevant and |
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| 1 | | particularized information, materials, or evidence | 2 | | provided by the Department of Corrections. | 3 | | (e) Discretionary conditions must be based on | 4 | | particularized information and evidence before the Prisoner | 5 | | Review Board. The Board cannot impose conditions that are | 6 | | based on abstract or generalized safety issues, biases or | 7 | | stereotypes, or that impose additional punishment. | 8 | | (f) When imposing conditions in accordance with subsection | 9 | | (a), the Board shall state in a written order: | 10 | | (1) the imposed conditions of release; | 11 | | (2) the reasonable relation the conditions have to the | 12 | | person in custody's assessment tool recommendations and | 13 | | information provided to the Board; and | 14 | | (3) certification that no less restrictive conditions | 15 | | would assure compliance with subsection (b). | 16 | | (g) A copy of the written order prepared in accordance | 17 | | with subsection (f) shall be retained by the Board. A copy | 18 | | shall be provided to the person subject to supervision prior | 19 | | to their release, and the person shall sign the same before | 20 | | release. The signed copy of these conditions, including a copy | 21 | | of an order of protection for which one had been issued by a | 22 | | circuit court, shall be retained by the person and another | 23 | | copy forwarded to the officer in charge of his or her | 24 | | supervision. | 25 | | (h) The Department of Corrections shall adopt rules | 26 | | establishing that parole agents must make every practicable |
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| 1 | | effort to facilitate successful reentry and only take | 2 | | necessary steps to ensure public safety before deciding to | 3 | | revoke parole or mandatory supervised release, and provide a | 4 | | framework to guide how agents exercise their discretion to | 5 | | effectuate this goal, such as a graduated sanction or | 6 | | structured decision-making system that takes positive behavior | 7 | | account. Any adopted policies shall be based on evidence or | 8 | | research, or both. Nothing in this subsection prevents the | 9 | | Department from consulting parole agents, persons on | 10 | | supervision, advocates, experts, and others while developing | 11 | | these policies. | 12 | | (i) Parole agents shall not modify an existing condition | 13 | | of release or add additional conditions of release without | 14 | | approval from the Prisoner Review Board in accordance with | 15 | | subsection (a) unless doing so under a rule adopted in | 16 | | accordance with subsection (h). Notwithstanding any other | 17 | | provision of this Section, a parolee or releasee must comply | 18 | | with specific instructions of a parole agent related to | 19 | | complying with conditions already set and approved by the | 20 | | Prisoner Review Board or otherwise imposed by law, exclusive | 21 | | of placement on electronic monitoring or home detention. | 22 | | (j) If the Board requires as a condition of parole or | 23 | | mandatory supervised release that the person enroll in any | 24 | | program, even if mandated by law, both the Board and the | 25 | | Department shall ensure that the program is available in the | 26 | | county or nearby county in which the person will reside. The |
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| 1 | | parolee or releasee shall not be penalized if no program is | 2 | | available in the county or nearby county in which the parolee | 3 | | or releasee resides. | 4 | | (k) The Department shall inform each person in custody of | 5 | | optional services and reentry supports available to the person | 6 | | before release, and upon request by the parolee or releasee | 7 | | after release, shall assist the parolee or releasee in | 8 | | locating volunteer reentry supports. After a hearing under | 9 | | Section 3-3-9, the Prisoner Review Board may modify or enlarge | 10 | | the conditions of parole or mandatory supervised release. To | 11 | | comply with paragraphs (1) through (3) of subsection (b): | 12 | | (1) the Board may rely on an existing assessment | 13 | | unless: | 14 | | (A) the completed assessment is more than 6 months | 15 | | old; | 16 | | (B) an updated assessment is available; or | 17 | | (C) the parolee or releasee requests a new | 18 | | assessment; and | 19 | | (2) detention shall not be prolonged to complete an | 20 | | assessment if the Board has already determined that | 21 | | resuming community supervision is appropriate. | 22 | | Nothing in this subsection (k) prevents the person in | 23 | | custody from knowingly and intelligently continuing a hearing | 24 | | under Section 3-3-9 so that such an assessment can be | 25 | | completed. | 26 | | (l) The Prisoner Review Board may impose discretionary |
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| 1 | | conditions of release in accordance with subsections (a) | 2 | | through (c) on the following subjects: | 3 | | (1) compliance with criminal statutes of any | 4 | | jurisdiction while under parole or mandatory supervised | 5 | | release and any related reporting requirements if accused | 6 | | of violating a criminal statute and reporting requirements | 7 | | if ever subject to an order of protection, no contact | 8 | | order, or a stalking no contact order; | 9 | | (2) restrictions on the possession of firearms or | 10 | | other dangerous weapons; | 11 | | (3) mandates regarding the frequency and manner of | 12 | | when the parolee or releasee must report or contact an | 13 | | agent of the Department of Corrections; | 14 | | (4) as provided in subsections (a) through (c) and (h) | 15 | | the parolee or releasee must be evaluated by the | 16 | | Department of Corrections prior to release using a gender | 17 | | responsive, risks, assets, and needs assessment and be | 18 | | subject to a corresponding level of supervision. When | 19 | | appropriate, the Department may reduce the level of | 20 | | supervision. In accordance with the findings of that | 21 | | evaluation: | 22 | | (A) all subjects found to be at a moderate or high | 23 | | risk to recidivate, or on parole or mandatory | 24 | | supervised release for first degree murder, a forcible | 25 | | felony as defined in Section 2-8 of the Criminal Code | 26 | | of 2012, any felony that requires registration as a |
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| 1 | | sex offender under the Sex Offender Registration Act, | 2 | | or a Class X felony or Class 1 felony that is not a | 3 | | violation of the Cannabis Control Act, the Illinois | 4 | | Controlled Substances Act, or the Methamphetamine | 5 | | Control and Community Protection Act, shall be subject | 6 | | to high level supervision. The Department shall define | 7 | | high level supervision based upon evidence-based and | 8 | | research-based practices. Notwithstanding this | 9 | | placement on high level supervision, placement of the | 10 | | subject on electronic monitoring or home detention | 11 | | shall not occur unless it is required by law or | 12 | | expressly ordered or approved by the Prisoner Review | 13 | | Board; and | 14 | | (B) all subjects found to be at a low risk to | 15 | | recidivate shall be subject to low-level or no | 16 | | supervision, except for those subjects on parole or | 17 | | mandatory supervised release for first degree murder, | 18 | | a forcible felony as defined in Section 2-8 of the | 19 | | Criminal Code of 2012, any felony that requires | 20 | | registration as a sex offender under the Sex Offender | 21 | | Registration Act, or a Class X felony or Class 1
felony | 22 | | that is not a violation of the Cannabis Control Act, | 23 | | the Illinois Controlled Substances Act, or the | 24 | | Methamphetamine Control and Community Protection Act. | 25 | | Low level supervision shall require the subject to | 26 | | check in with the supervising officer via phone or |
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| 1 | | other electronic means. Notwithstanding this placement | 2 | | on low level supervision, placement of the subject on | 3 | | electronic monitoring or home detention shall not | 4 | | occur unless it is required by law or expressly | 5 | | ordered or approved by the Prisoner Review Board; | 6 | | (5) whether the person must permit the agent to visit | 7 | | him or her at his or her home, employment, or elsewhere to | 8 | | the extent necessary for the parole agent to discharge the | 9 | | agent's duties; | 10 | | (6) restrictions or mandates related to curfews or | 11 | | travel, including, but not limited to, whether and when | 12 | | prior approval is ever required; | 13 | | (7) notify the person's parole agent before changing | 14 | | the person's residence or employment, or within 3 days | 15 | | after changing residence or employment; | 16 | | (8) restrictions or mandates on associating or | 17 | | contacting certain persons or classes of persons; | 18 | | (9) consent-to-search mandates or restrictions; | 19 | | (10) good faith efforts to maintain contact with and | 20 | | cooperate with a parole agent; | 21 | | (11) mandatory participation in the labor market, | 22 | | programs, services, or treatment, unless a disability | 23 | | prevents the parolee or releasee from participating. For | 24 | | purposes of this paragraph (11), disability shall be | 25 | | construed consistent with the federal Americans with | 26 | | Disabilities Act of 1990. Such conditions may include: |
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| 1 | | (A) work requirements; | 2 | | (B) educational or vocational training; or | 3 | | (C) medical, psychiatric, behavioral, addiction, | 4 | | or other clinical services. | 5 | | (m) The following conditions of parole or mandatory | 6 | | supervised release shall be imposed by the Prisoner Review | 7 | | Board or operation of law, as specified: | 8 | | (1) if convicted of a sex offense as defined in the Sex | 9 | | Offender Management Board Act, the individual shall | 10 | | undergo and successfully complete sex offender treatment | 11 | | conducted in conformance with the standards developed by | 12 | | the Sex Offender Management Board Act by a treatment | 13 | | provider approved by the Board; | 14 | | (2) if convicted of a sex offense as defined in the Sex | 15 | | Offender Management Board Act, refrain from residing at | 16 | | the same address or in the same condominium unit or | 17 | | apartment unit or in the same condominium complex or | 18 | | apartment complex with another person he or she knows or | 19 | | reasonably should know is a convicted sex offender or has | 20 | | been placed on supervision for a sex offense; the | 21 | | provisions of this paragraph do not apply to a person | 22 | | convicted of a sex offense who is placed in a Department of | 23 | | Corrections
licensed transitional housing facility for sex | 24 | | offenders, or is in any facility operated or licensed by | 25 | | the Department of Children and Family Services or by the | 26 | | Department of Human Services, or is in any licensed |
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| 1 | | medical facility; | 2 | | (3) if convicted for an offense that would qualify the | 3 | | accused as a sexual predator under the Sex Offender | 4 | | Registration Act on or after January 1, 2007 (the | 5 | | effective date of Public Act 94-988), wear an approved | 6 | | electronic monitoring device as defined in Section 5-8A-2 | 7 | | for the duration of the person's parole, mandatory | 8 | | supervised release term, or extended mandatory supervised | 9 | | release term and if convicted for an offense of criminal | 10 | | sexual assault, aggravated criminal sexual assault, | 11 | | predatory criminal sexual assault of a child, criminal | 12 | | sexual abuse, aggravated criminal sexual abuse, or | 13 | | ritualized abuse of a child committed on or after August | 14 | | 11, 2009 (the effective date of Public Act 96-236) when | 15 | | the victim was under 18 years of age at the time of the | 16 | | commission of the offense and the defendant used force or | 17 | | the threat of force in the commission of the offense wear | 18 | | an approved electronic monitoring device as defined in | 19 | | Section 5-8A-2 that has Global Positioning System (GPS) | 20 | | capability for the duration of the person's parole, | 21 | | mandatory supervised release term, or extended mandatory | 22 | | supervised release term; | 23 | | (4) if convicted for an offense committed on or after | 24 | | June 1, 2008 (the effective date of Public Act 95-464) | 25 | | that would qualify the accused as a child sex offender as | 26 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012, refrain from | 2 | | communicating with or contacting, by means of the | 3 | | Internet, a person who is not related to the accused and | 4 | | whom the accused reasonably believes to be under 18 years | 5 | | of age; for purposes of this paragraph (4), "Internet" has | 6 | | the meaning ascribed to it in Section 16-0.1 of the | 7 | | Criminal Code of 2012; and a person is not related to the | 8 | | accused if the person is not: | 9 | | (A) the spouse, brother, or sister of the accused; | 10 | | (B) a descendant of the accused; | 11 | | (C) a first or second cousin of the accused; or | 12 | | (D) a step-child or adopted child of the accused; | 13 | | (5) if convicted under Section 11-6, 11-20.1,11-20.1B, | 14 | | 11-20.3, or 11-21 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, consent to search of computers, | 16 | | PDAs, cellular phones, and other devices under his or her | 17 | | control that are capable of accessing the Internet or | 18 | | storing electronic files, in order to confirm Internet | 19 | | protocol addresses reported in accordance with the Sex | 20 | | Offender Registration Act and compliance with conditions | 21 | | in this Act; | 22 | | (6) if convicted for an offense that would qualify the | 23 | | accused as a sex offender or sexual predator under the Sex | 24 | | Offender Registration Act on or after June 1, 2008 (the | 25 | | effective date of Public Act 95-640), not possess | 26 | | prescription drugs for erectile dysfunction; |
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| 1 | | (7) if convicted for an offense under Section 11-6, | 2 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 3 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | or any attempt to commit any of these offenses, committed | 6 | | on or after June 1, 2009 (the effective date of Public Act | 7 | | 95-983); | 8 | | (8) not access or use a computer or any other device | 9 | | with Internet capability without the prior written | 10 | | approval of the Department; | 11 | | (9) submit to periodic unannounced examinations of the | 12 | | offender's computer or any other device with Internet | 13 | | capability by the offender's supervising agent, a law | 14 | | enforcement officer, or assigned computer or information | 15 | | technology specialist, including the retrieval and copying | 16 | | of all data from the computer or device and any internal or | 17 | | external peripherals and removal of such information, | 18 | | equipment, or device to conduct a more thorough | 19 | | inspection; | 20 | | (10) submit to the installation on the offender's | 21 | | computer or device with Internet capability, at the | 22 | | offender's expense, of one or more hardware or software | 23 | | systems to monitor the Internet use; and | 24 | | (11) submit to any other appropriate restrictions | 25 | | concerning the offender's use of or access to a computer | 26 | | or any other device with Internet capability imposed by |
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| 1 | | the Board, the Department or the offender's supervising | 2 | | agent; | 3 | | (12) if convicted of a sex offense as defined in the | 4 | | Sex Offender Registration Act committed on or after | 5 | | January 1, 2010 (the effective date of Public Act 96-262), | 6 | | refrain from accessing or using a social networking | 7 | | website as defined in Section 17-0.5 of the Criminal Code | 8 | | of 2012; | 9 | | (13) if convicted of a sex offense as defined in | 10 | | Section 2 of the Sex Offender Registration Act committed | 11 | | on or after January 1, 2010 (the effective date of Public | 12 | | Act 96-362) that requires the person to register as a sex | 13 | | offender under that Act, may not knowingly use any | 14 | | computer scrub software on any computer that the sex | 15 | | offender uses; | 16 | | (14) 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 | 20 | | minors are present, not participate in a holiday event | 21 | | involving children under 18 years of age, such as | 22 | | distributing candy or other items to children on | 23 | | Halloween, wearing a Santa Claus costume on or preceding | 24 | | Christmas, being employed as a department store Santa | 25 | | Claus, or wearing an Easter Bunny costume on or preceding | 26 | | Easter; |
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| 1 | | (15) if convicted of a violation of an order of | 2 | | protection under Section 12-3.4 or Section 12-30 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 4 | | placed under electronic surveillance as provided in | 5 | | Section 5-8A-7 of this Code; | 6 | | (16) comply with the terms and conditions of an order | 7 | | of protection issued in accordance with the Illinois | 8 | | Domestic Violence Act of 1986; an order of protection | 9 | | issued by the court of another state, tribe, or United | 10 | | States territory; a no contact order issued in accordance | 11 | | with the Civil No Contact Order Act; or a no contact order | 12 | | issued in accordance with the Stalking No Contact Order | 13 | | Act; | 14 | | (17) if convicted of a violation of the | 15 | | Methamphetamine Control and Community Protection Act, the | 16 | | Methamphetamine Precursor Control Act, or a | 17 | | methamphetamine related offense, be: | 18 | | (A) prohibited from purchasing, possessing, or | 19 | | having under his or her control any product containing | 20 | | pseudoephedrine unless prescribed by a physician; and | 21 | | (B) prohibited from purchasing, possessing, or | 22 | | having under his or her control any product containing | 23 | | ammonium nitrate; | 24 | | (18) if convicted of a hate crime under Section 12-7.1 | 25 | | of the Criminal Code of 2012, perform public or community | 26 | | service of no less than 200 hours and enroll in an |
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| 1 | | educational program discouraging hate crimes involving the | 2 | | protected class identified in subsection (a) of Section | 3 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 4 | | offense the offender committed ordered by the court; and | 5 | | (19) if convicted for an offense committed on or after | 6 | | June 1, 2008 (the effective date of Public Act 95-464) | 7 | | that would qualify the accused as a child sex offender as | 8 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012, refrain from | 10 | | communicating with or contacting, by means of the | 11 | | Internet, a person who is related to the accused and whom | 12 | | the accused reasonably believes to be under 18 years of | 13 | | age; for purposes of this paragraph (19) "Internet" has | 14 | | the meaning ascribed to it in Section 16-0.1 of the | 15 | | Criminal Code of 2012; and a person is related to the | 16 | | accused if the person is: | 17 | | (A) the spouse, brother, or sister of the accused; | 18 | | (B) a descendant of the accused; | 19 | | (C) a first or second cousin of the accused; | 20 | | (D) a step-child or adopted child of the accused; | 21 | | or | 22 | | (E) if convicted for an offense committed on or | 23 | | after June 1, 2009 (the effective date of Public Act | 24 | | 95-983) that would qualify as a sex offense as defined | 25 | | in the Sex Offender Registration Act: | 26 | | (i) not access or use a computer or any other |
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| 1 | | device with Internet capability without the prior | 2 | | written approval of the Department; | 3 | | (ii) submit to periodic unannounced | 4 | | examinations of the offender's computer or any | 5 | | other device with Internet capability by the | 6 | | offender's supervising agent, a law enforcement | 7 | | officer, or assigned computer or information | 8 | | technology specialist, including the retrieval and | 9 | | copying of all data from the computer or device | 10 | | and any internal or external peripherals and | 11 | | removal of such information, equipment, or device | 12 | | to conduct a more thorough inspection; | 13 | | (iii) submit to the installation on the | 14 | | offender's computer or device with Internet | 15 | | capability, at the offender's expense, of one or | 16 | | more hardware or software systems to monitor the | 17 | | Internet use; | 18 | | (iv) submit to any other appropriate | 19 | | restrictions concerning the offender's use of or | 20 | | access to a computer or any other device with | 21 | | Internet capability imposed by the Board, the | 22 | | Department or the offender's supervising agent; | 23 | | (20) in addition, if a minor: | 24 | | (A) reside with his or her parents or in a foster | 25 | | home; | 26 | | (B) attend school; |
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| 1 | | (C) attend a non-residential program for youth; or | 2 | | (D) contribute to his or her own support at home or | 3 | | in a foster home; and | 4 | | (21) in addition to the conditions set forth in | 5 | | paragraphs (1) through (9) of this subsections (m) persons | 6 | | required to register as sex offenders in accordance with | 7 | | the Sex Offender Registration Act, upon release from the | 8 | | custody of the Illinois Department of Corrections, may be | 9 | | required by the Board to comply with the following | 10 | | specific conditions of release: | 11 | | (A) reside only at a Department approved location; | 12 | | (B) comply with all requirements of the Sex | 13 | | Offender Registration Act; | 14 | | (C) notify third parties of the risks that may be | 15 | | occasioned by his or her criminal record; | 16 | | (D) obtain the approval of an agent of the | 17 | | Department of Corrections prior to accepting | 18 | | employment or pursuing a course of study or vocational | 19 | | training and notify the Department prior to any change | 20 | | in employment, study, or training; | 21 | | (E) not be employed or participate in any | 22 | | volunteer activity that involves contact with | 23 | | children, except under circumstances approved in | 24 | | advance and in writing by an agent of the Department of | 25 | | Corrections; | 26 | | (F) be electronically monitored for a minimum of |
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| 1 | | 12 months from the date of release as determined by the | 2 | | Board; | 3 | | (G) refrain from entering into a designated | 4 | | geographic area except upon terms approved in advance | 5 | | by an agent of the Department of Corrections. The | 6 | | terms may include consideration of the purpose of the | 7 | | entry, the time of day, and others accompanying the | 8 | | person; | 9 | | (H) refrain from having any contact, including | 10 | | written or oral communications, directly or | 11 | | indirectly, personally or by telephone, letter, or | 12 | | through a third party with certain specified persons | 13 | | including, but not limited to, the victim or the | 14 | | victim's family without the prior written approval of | 15 | | an agent of the Department of Corrections; | 16 | | (I) refrain from all contact, directly or | 17 | | indirectly, personally, by telephone, letter, or | 18 | | through a third party,
with minor children without | 19 | | prior identification and approval of an agent of the | 20 | | Department of Corrections; | 21 | | (J) neither possess or have under his or her | 22 | | control any material that is sexually oriented, | 23 | | sexually stimulating, or that shows male or female sex | 24 | | organs or any pictures depicting children under 18 | 25 | | years of age nude or any written or audio material | 26 | | describing sexual intercourse or that depicts or |
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| 1 | | alludes to sexual activity, including but not limited | 2 | | to visual, auditory, telephonic, or electronic media, | 3 | | or any matter obtained through access to any computer | 4 | | or material linked to computer access use; | 5 | | (K) not patronize any business providing sexually | 6 | | stimulating or sexually oriented entertainment nor | 7 | | utilize "900" or adult telephone numbers; | 8 | | (L) not reside near, visit, or be in or about | 9 | | parks, schools, day care centers, swimming pools, | 10 | | beaches, theaters, or any other places where minor | 11 | | children congregate without advance approval of an | 12 | | agent of the Department of Corrections and immediately | 13 | | report any incidental contact with minor children to | 14 | | the Department; | 15 | | (M) not possess or have under his or her control | 16 | | certain specified items of contraband related to the | 17 | | incidence of sexually offending as determined by an | 18 | | agent of the Department of Corrections; | 19 | | (N) may be required to provide a written daily log | 20 | | of activities if directed by an agent of the | 21 | | Department of Corrections; | 22 | | (O) comply with all other special conditions that | 23 | | the Department may impose that restrict the person | 24 | | from high-risk situations and limit access to | 25 | | potential victims; | 26 | | (P) take an annual polygraph exam; |
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| 1 | | (Q) maintain a log of his or her travel; or | 2 | | (R) obtain prior approval of his or her parole | 3 | | officer before driving alone in a motor vehicle. | 4 | | (a) The conditions of parole or mandatory
supervised | 5 | | release shall be such as the Prisoner Review
Board deems | 6 | | necessary to assist the subject in leading a
law-abiding life. | 7 | | The conditions of every parole and mandatory
supervised | 8 | | release are that the subject:
| 9 | | (1) not violate any criminal statute of any | 10 | | jurisdiction
during the parole or release term;
| 11 | | (2) refrain from possessing a firearm or other | 12 | | dangerous
weapon;
| 13 | | (3) report to an agent of the Department of | 14 | | Corrections;
| 15 | | (4) permit the agent to visit him or her at his or her | 16 | | home, employment,
or
elsewhere to the
extent necessary for | 17 | | the agent to discharge his or her duties;
| 18 | | (5) attend or reside in a facility established for the | 19 | | instruction or
residence
of persons on
parole or mandatory | 20 | | supervised release;
| 21 | | (6) secure permission before visiting or writing a | 22 | | committed person in an
Illinois Department
of Corrections | 23 | | facility;
| 24 | | (7) report all arrests to an agent of the Department | 25 | | of Corrections as
soon as
permitted by the
arresting | 26 | | authority but in no event later than 24 hours after |
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| 1 | | release from
custody and immediately report service or | 2 | | notification of an order of protection, a civil no contact | 3 | | order, or a stalking no contact order to an agent of the | 4 | | Department of Corrections;
| 5 | | (7.5) if convicted of a sex offense as defined in the | 6 | | Sex Offender
Management Board Act, the individual shall | 7 | | undergo and successfully complete
sex offender treatment | 8 | | conducted in conformance with the standards developed by
| 9 | | the Sex
Offender Management Board Act by a treatment | 10 | | provider approved by the Board;
| 11 | | (7.6) if convicted of a sex offense as defined in the | 12 | | Sex Offender
Management Board Act, refrain from residing | 13 | | at the same address or in the same condominium unit or | 14 | | apartment unit or in the same condominium complex or | 15 | | apartment complex with another person he or she knows or | 16 | | reasonably should know is a convicted sex offender or has | 17 | | been placed on supervision for a sex offense; the | 18 | | provisions of this paragraph do not apply to a person | 19 | | convicted of a sex offense who is placed in a Department of | 20 | | Corrections licensed transitional housing facility for sex | 21 | | offenders, or is in any facility operated or licensed by | 22 | | the Department of Children and Family Services or by the | 23 | | Department of Human Services, or is in any licensed | 24 | | medical facility; | 25 | | (7.7) if convicted for an offense that would qualify | 26 | | the accused as a sexual predator under the Sex Offender |
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| 1 | | Registration Act on or after January 1, 2007 (the | 2 | | effective date of Public Act 94-988), wear an approved | 3 | | electronic monitoring device as defined in Section 5-8A-2 | 4 | | for the duration of the person's parole, mandatory | 5 | | supervised release term, or extended mandatory supervised | 6 | | release term and if convicted for an offense of criminal | 7 | | sexual assault, aggravated criminal sexual assault, | 8 | | predatory criminal sexual assault of a child, criminal | 9 | | sexual abuse, aggravated criminal sexual abuse, or | 10 | | ritualized abuse of a child committed on or after August | 11 | | 11, 2009 (the effective date of Public Act 96-236) when | 12 | | the victim was under 18 years of age at the time of the | 13 | | commission of the offense and the defendant used force or | 14 | | the threat of force in the commission of the offense wear | 15 | | an approved electronic monitoring device as defined in | 16 | | Section 5-8A-2 that has Global Positioning System (GPS) | 17 | | capability for the duration of the person's parole, | 18 | | mandatory supervised release term, or extended mandatory | 19 | | supervised release term; | 20 | | (7.8) if convicted for an offense committed on or | 21 | | after June 1, 2008 (the effective date of Public Act | 22 | | 95-464) that would qualify the accused as a child sex | 23 | | offender as defined in Section 11-9.3 or 11-9.4 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | refrain from communicating with or contacting, by means of | 26 | | the Internet, a person who is not related to the accused |
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| 1 | | and whom the accused reasonably believes to be under 18 | 2 | | years of age; for purposes of this paragraph (7.8), | 3 | | "Internet" has the meaning ascribed to it in Section | 4 | | 16-0.1 of the Criminal Code of 2012; and a person is not | 5 | | related to the accused if the person is not: (i) the | 6 | | spouse, brother, or sister of the accused; (ii) a | 7 | | descendant of the accused; (iii) a first or second cousin | 8 | | of the accused; or (iv) a step-child or adopted child of | 9 | | the accused;
| 10 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 11 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | 12 | | or the Criminal Code of 2012, consent to search of | 13 | | computers, PDAs, cellular phones, and other devices under | 14 | | his or her control that are capable of accessing the | 15 | | Internet or storing electronic files, in order to confirm | 16 | | Internet protocol addresses reported in accordance with | 17 | | the Sex Offender Registration Act and compliance with | 18 | | conditions in this Act;
| 19 | | (7.10)
if convicted for an offense that would qualify | 20 | | the accused as a sex offender or sexual predator under the | 21 | | Sex Offender Registration Act on or after June 1, 2008 | 22 | | (the effective date of Public Act 95-640), not possess | 23 | | prescription drugs for erectile dysfunction;
| 24 | | (7.11) if convicted for an offense under Section 11-6, | 25 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 26 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
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| 1 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 2 | | or any attempt to commit any of these offenses, committed | 3 | | on or after June 1, 2009 (the effective date of Public Act | 4 | | 95-983): | 5 | | (i) not access or use a computer or any other | 6 | | device with Internet capability without the prior | 7 | | written approval of the Department; | 8 | | (ii) submit to periodic unannounced examinations | 9 | | of the offender's computer or any other device with | 10 | | Internet capability by the offender's supervising | 11 | | agent, a law enforcement officer, or assigned computer | 12 | | or information technology specialist, including the | 13 | | retrieval and copying of all data from the computer or | 14 | | device and any internal or external peripherals and | 15 | | removal of such information, equipment, or device to | 16 | | conduct a more thorough inspection; | 17 | | (iii) submit to the installation on the offender's | 18 | | computer or device with Internet capability, at the | 19 | | offender's expense, of one or more hardware or | 20 | | software systems to monitor the Internet use; and | 21 | | (iv) submit to any other appropriate restrictions | 22 | | concerning the offender's use of or access to a | 23 | | computer or any other device with Internet capability | 24 | | imposed by the Board, the Department or the offender's | 25 | | supervising agent; | 26 | | (7.12) if convicted of a sex offense as defined in the |
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| 1 | | Sex Offender
Registration Act committed on or after | 2 | | January 1, 2010 (the effective date of Public Act 96-262), | 3 | | refrain from accessing or using a social networking | 4 | | website as defined in Section 17-0.5 of the Criminal Code | 5 | | of 2012;
| 6 | | (7.13) if convicted of a sex offense as defined in | 7 | | Section 2 of the Sex Offender Registration Act committed | 8 | | on or after January 1, 2010 (the effective date of Public | 9 | | Act 96-362) that requires the person to register as a sex | 10 | | offender under that Act, may not knowingly use any | 11 | | computer scrub software on any computer that the sex | 12 | | offender uses; | 13 | | (8) obtain permission of an agent of the Department of | 14 | | Corrections before
leaving the
State of Illinois;
| 15 | | (9) obtain permission of an agent of the Department of | 16 | | Corrections before
changing
his or her residence or | 17 | | employment;
| 18 | | (10) consent to a search of his or her person, | 19 | | property, or residence
under his or her
control;
| 20 | | (11) refrain from the use or possession of narcotics | 21 | | or other controlled
substances in
any form, or both, or | 22 | | any paraphernalia related to those substances and submit
| 23 | | to a
urinalysis test as instructed by a parole agent of the | 24 | | Department of
Corrections;
| 25 | | (12) not knowingly frequent places where controlled | 26 | | substances are illegally sold,
used,
distributed, or |
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| 1 | | administered;
| 2 | | (13) except when the association described in either | 3 | | subparagraph (A) or (B) of this paragraph (13) involves | 4 | | activities related to community programs, worship | 5 | | services, volunteering, engaging families, or some other | 6 | | pro-social activity in which there is no evidence of | 7 | | criminal intent: | 8 | | (A) not knowingly associate with other persons on | 9 | | parole or mandatory
supervised
release without prior | 10 | | written permission of his or her parole agent; or | 11 | | (B) not knowingly
associate with
persons who are | 12 | | members of an organized gang as that term is defined in | 13 | | the
Illinois
Streetgang Terrorism Omnibus Prevention | 14 | | Act;
| 15 | | (14) provide true and accurate information, as it | 16 | | relates to his or her
adjustment in the
community while on | 17 | | parole or mandatory supervised release or to his or her
| 18 | | conduct
while incarcerated, in response to inquiries by | 19 | | his or her parole agent or of
the
Department of | 20 | | Corrections;
| 21 | | (15) follow any specific instructions provided by the | 22 | | parole agent that
are consistent
with furthering | 23 | | conditions set and approved by the Prisoner Review Board | 24 | | or by
law,
exclusive of placement on electronic detention, | 25 | | to achieve the goals and
objectives of his
or her parole or | 26 | | mandatory supervised release or to protect the public. |
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| 1 | | These
instructions by the parole agent may be modified at | 2 | | any time, as the agent
deems
appropriate;
| 3 | | (16) if convicted of a sex offense as defined in | 4 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 5 | | offender is a parent or guardian of the person under 18 | 6 | | years of age present in the home and no non-familial | 7 | | minors are present, not participate in a holiday event | 8 | | involving children under 18 years of age, such as | 9 | | distributing candy or other items to children on | 10 | | Halloween, wearing a Santa Claus costume on or preceding | 11 | | Christmas, being employed as a department store Santa | 12 | | Claus, or wearing an Easter Bunny costume on or preceding | 13 | | Easter; | 14 | | (17) if convicted of a violation of an order of | 15 | | protection under Section 12-3.4 or Section 12-30 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 17 | | placed under electronic surveillance as provided in | 18 | | Section 5-8A-7 of this Code; | 19 | | (18) comply with the terms and conditions of an order | 20 | | of protection issued pursuant to the Illinois Domestic | 21 | | Violence Act of 1986; an order of protection issued by the | 22 | | court of another state, tribe, or United States territory; | 23 | | a no contact order issued pursuant to the Civil No Contact | 24 | | Order Act; or a no contact order issued pursuant to the | 25 | | Stalking No Contact Order Act; | 26 | | (19) if convicted of a violation of the |
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| 1 | | Methamphetamine Control and Community Protection Act, the | 2 | | Methamphetamine
Precursor Control Act, or a | 3 | | methamphetamine related offense, be: | 4 | | (A) prohibited from purchasing, possessing, or | 5 | | having under his or her control any product containing | 6 | | pseudoephedrine unless prescribed by a physician; and | 7 | | (B) prohibited from purchasing, possessing, or | 8 | | having under his or her control any product containing | 9 | | ammonium nitrate; | 10 | | (20) if convicted of a hate crime under Section 12-7.1 | 11 | | of the Criminal Code of 2012, perform public or community | 12 | | service of no less than 200 hours and enroll in an
| 13 | | educational program discouraging hate crimes involving the | 14 | | protected class
identified in subsection (a) of Section | 15 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 16 | | offense the offender committed ordered by the court; and | 17 | | (21) be evaluated by the Department of Corrections | 18 | | prior to release using a validated risk assessment and be | 19 | | subject to a corresponding level of supervision. In | 20 | | accordance with the findings of that evaluation: | 21 | | (A) All subjects found to be at a moderate or high | 22 | | risk to recidivate, or on parole or mandatory | 23 | | supervised release for first degree murder, a forcible | 24 | | felony as defined in Section 2-8 of the Criminal Code | 25 | | of 2012, any felony that requires registration as a | 26 | | sex offender under the Sex Offender Registration Act, |
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| 1 | | or a Class X felony or Class 1 felony that is not a | 2 | | violation of the Cannabis Control Act, the Illinois | 3 | | Controlled Substances Act, or the Methamphetamine | 4 | | Control and Community Protection Act, shall be subject | 5 | | to high level supervision. The Department shall define | 6 | | high level supervision based upon evidence-based and | 7 | | research-based practices. Notwithstanding this | 8 | | placement on high level supervision, placement of the | 9 | | subject on electronic monitoring or detention shall | 10 | | not occur unless it is required by law or expressly | 11 | | ordered or approved by the Prisoner Review Board. | 12 | | (B) All subjects found to be at a low risk to | 13 | | recidivate shall be subject to low-level supervision, | 14 | | except for those subjects on parole or mandatory | 15 | | supervised release for first degree murder, a forcible | 16 | | felony as defined in Section 2-8 of the Criminal Code | 17 | | of 2012, any felony that requires registration as a | 18 | | sex offender under the Sex Offender Registration Act, | 19 | | or a Class X felony or Class 1 felony that is not a | 20 | | violation of the Cannabis Control Act, the Illinois | 21 | | Controlled Substances Act, or the Methamphetamine | 22 | | Control and Community Protection Act. Low level | 23 | | supervision shall require the subject to check in with | 24 | | the supervising officer via phone or other electronic | 25 | | means. Notwithstanding this placement on low level | 26 | | supervision, placement of the subject on electronic |
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| 1 | | monitoring or detention shall not occur unless it is | 2 | | required by law or expressly ordered or approved by | 3 | | the Prisoner Review Board. | 4 | | (b) The Board may in addition to other conditions
require | 5 | | that the subject:
| 6 | | (1) work or pursue a course of study or vocational | 7 | | training;
| 8 | | (2) undergo medical or psychiatric treatment, or | 9 | | treatment
for drug addiction or alcoholism;
| 10 | | (3) attend or reside in a facility established for the
| 11 | | instruction or residence of persons on probation or | 12 | | parole;
| 13 | | (4) support his or her dependents;
| 14 | | (5) (blank);
| 15 | | (6) (blank);
| 16 | | (7) (blank);
| 17 | | (7.5) if convicted for an offense committed on or | 18 | | after the effective date of this amendatory Act of the | 19 | | 95th General Assembly that would qualify the accused as a | 20 | | child sex offender as defined in Section 11-9.3 or 11-9.4 | 21 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 22 | | refrain from communicating with or contacting, by means of | 23 | | the Internet, a person who is related to the accused and | 24 | | whom the accused reasonably believes to be under 18 years | 25 | | of age; for purposes of this paragraph (7.5), "Internet" | 26 | | has the meaning ascribed to it in Section 16-0.1 of the |
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| 1 | | Criminal Code of 2012; and a person is related to the | 2 | | accused if the person is: (i) the spouse, brother, or | 3 | | sister of the accused; (ii) a descendant of the accused; | 4 | | (iii) a first or second cousin of the accused; or (iv) a | 5 | | step-child or adopted child of the accused; | 6 | | (7.6) if convicted for an offense committed on or | 7 | | after June 1, 2009 (the effective date of Public Act | 8 | | 95-983) that would qualify as a sex offense as defined in | 9 | | the Sex Offender Registration Act: | 10 | | (i) not access or use a computer or any other | 11 | | device with Internet capability without the prior | 12 | | written approval of the Department; | 13 | | (ii) submit to periodic unannounced examinations | 14 | | of the offender's computer or any other device with | 15 | | Internet capability by the offender's supervising | 16 | | agent, a law enforcement officer, or assigned computer | 17 | | or information technology specialist, including the | 18 | | retrieval and copying of all data from the computer or | 19 | | device and any internal or external peripherals and | 20 | | removal of such information, equipment, or device to | 21 | | conduct a more thorough inspection; | 22 | | (iii) submit to the installation on the offender's | 23 | | computer or device with Internet capability, at the | 24 | | offender's expense, of one or more hardware or | 25 | | software systems to monitor the Internet use; and | 26 | | (iv) submit to any other appropriate restrictions |
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| 1 | | concerning the offender's use of or access to a | 2 | | computer or any other device with Internet capability | 3 | | imposed by the Board, the Department or the offender's | 4 | | supervising agent; and
| 5 | | (8) in addition, if a minor:
| 6 | | (i) reside with his or her parents or in a foster | 7 | | home;
| 8 | | (ii) attend school;
| 9 | | (iii) attend a non-residential program for youth; | 10 | | or
| 11 | | (iv) contribute to his or her own support at home | 12 | | or in a foster
home.
| 13 | | (b-1) In addition to the conditions set forth in | 14 | | subsections (a) and (b), persons required to register as sex | 15 | | offenders pursuant to the Sex Offender Registration Act, upon | 16 | | release from the custody of the Illinois Department of | 17 | | Corrections, may be required by the Board to comply with the | 18 | | following specific conditions of release: | 19 | | (1) reside only at a Department approved location; | 20 | | (2) comply with all requirements of the Sex Offender | 21 | | Registration Act;
| 22 | | (3) notify
third parties of the risks that may be | 23 | | occasioned by his or her criminal record; | 24 | | (4) obtain the approval of an agent of the Department | 25 | | of Corrections prior to accepting employment or pursuing a | 26 | | course of study or vocational training and notify the |
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| 1 | | Department prior to any change in employment, study, or | 2 | | training; | 3 | | (5) not be employed or participate in any
volunteer | 4 | | activity that involves contact with children, except under | 5 | | circumstances approved in advance and in writing by an | 6 | | agent of the Department of Corrections; | 7 | | (6) be electronically monitored for a minimum of 12 | 8 | | months from the date of release as determined by the | 9 | | Board; | 10 | | (7) refrain from entering into a designated
geographic | 11 | | area except upon terms approved in advance by an agent of | 12 | | the Department of Corrections. The terms may include | 13 | | consideration of the purpose of the entry, the time of | 14 | | day, and others accompanying the person; | 15 | | (8) refrain from having any contact, including
written | 16 | | or oral communications, directly or indirectly, personally | 17 | | or by telephone, letter, or through a third party with | 18 | | certain specified persons including, but not limited to, | 19 | | the victim or the victim's family without the prior | 20 | | written approval of an agent of the Department of | 21 | | Corrections; | 22 | | (9) refrain from all contact, directly or
indirectly, | 23 | | personally, by telephone, letter, or through a third | 24 | | party, with minor children without prior identification | 25 | | and approval of an agent of the Department of Corrections; | 26 | | (10) neither possess or have under his or her
control |
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| 1 | | any material that is sexually oriented, sexually | 2 | | stimulating, or that shows male or female sex organs or | 3 | | any pictures depicting children under 18 years of age nude | 4 | | or any written or audio material describing sexual | 5 | | intercourse or that depicts or alludes to sexual activity, | 6 | | including but not limited to visual, auditory, telephonic, | 7 | | or electronic media, or any matter obtained through access | 8 | | to any computer or material linked to computer access use; | 9 | | (11) not patronize any business providing
sexually | 10 | | stimulating or sexually oriented entertainment nor utilize | 11 | | "900" or adult telephone numbers; | 12 | | (12) not reside near, visit, or be in or about
parks, | 13 | | schools, day care centers, swimming pools, beaches, | 14 | | theaters, or any other places where minor children | 15 | | congregate without advance approval of an agent of the | 16 | | Department of Corrections and immediately report any | 17 | | incidental contact with minor children to the Department; | 18 | | (13) not possess or have under his or her control
| 19 | | certain specified items of contraband related to the | 20 | | incidence of sexually offending as determined by an agent | 21 | | of the Department of Corrections; | 22 | | (14) may be required to provide a written daily log of | 23 | | activities
if directed by an agent of the Department of | 24 | | Corrections; | 25 | | (15) comply with all other special conditions
that the | 26 | | Department may impose that restrict the person from |
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| 1 | | high-risk situations and limit access to potential | 2 | | victims; | 3 | | (16) take an annual polygraph exam; | 4 | | (17) maintain a log of his or her travel; or | 5 | | (18) obtain prior approval of his or her parole | 6 | | officer before driving alone in a motor vehicle.
| 7 | | (c) The conditions under which the parole or mandatory
| 8 | | supervised release is to be served shall be communicated to
| 9 | | the person in writing prior to his or her release, and he or | 10 | | she shall
sign the same before release. A signed copy of these | 11 | | conditions,
including a copy of an order of protection where | 12 | | one had been issued by the
criminal court, shall be retained by | 13 | | the person and another copy forwarded to
the officer in charge | 14 | | of his or her supervision.
| 15 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 16 | | Review Board may modify or enlarge the conditions of parole
or | 17 | | mandatory supervised release.
| 18 | | (e) The Department shall inform all offenders committed to
| 19 | | the Department of the optional services available to them
upon | 20 | | release and shall assist inmates in availing themselves
of | 21 | | such optional services upon their release on a voluntary
| 22 | | basis. | 23 | | (f) (Blank).
| 24 | | (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; | 25 | | 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
|
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| 1 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
| 2 | | Sec. 3-3-9. Violations; changes of conditions; preliminary
| 3 | | hearing; revocation of parole or mandatory supervised release;
| 4 | | revocation hearing. | 5 | | (a) If prior to expiration or termination of the term of
| 6 | | parole or mandatory supervised release, a person violates a
| 7 | | condition set by the Prisoner Review Board or a condition of | 8 | | parole or
mandatory supervised release under Section 3-3-7 of | 9 | | this Code to govern that
term,
the Board may:
| 10 | | (1) continue the existing term, with or without | 11 | | modifying or
enlarging the conditions; or
| 12 | | (1.5) for those released as a result of youthful | 13 | | offender parole as set forth in Section 5-4.5-115 of this | 14 | | Code, order that the inmate be subsequently rereleased to | 15 | | serve a specified mandatory supervised release term not to | 16 | | exceed the full term permitted under the provisions of | 17 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of | 18 | | this Code and may modify or enlarge the conditions of the | 19 | | release as the Board deems proper; or | 20 | | (2) parole or release the person to a half-way house; | 21 | | or
| 22 | | (3) revoke the parole or mandatory supervised release | 23 | | and
reconfine the person for a term computed in the | 24 | | following
manner:
| 25 | | (i) (A) For those sentenced under the law in | 26 | | effect prior to
this amendatory Act of 1977, the |
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| 1 | | recommitment shall be for any
portion of the imposed | 2 | | maximum term of imprisonment or confinement
which had | 3 | | not been served at the time of parole and the parole
| 4 | | term, less the time elapsed between the parole of the | 5 | | person and
the commission of the violation for which | 6 | | parole was revoked;
| 7 | | (B) Except as set forth in paragraphs (C) and (D), | 8 | | for
those subject to mandatory supervised release | 9 | | under
paragraph (d) of Section 5-8-1 of this Code, the | 10 | | recommitment
shall be for the total mandatory | 11 | | supervised release term, less
the time elapsed between | 12 | | the release of the person and the
commission of the | 13 | | violation for which mandatory supervised
release is | 14 | | revoked. The Board may also order that a prisoner
| 15 | | serve up to one year of the sentence imposed by the | 16 | | court which
was not served due to the accumulation of | 17 | | sentence credit;
| 18 | | (C) For those subject to sex offender supervision | 19 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 20 | | reconfinement period for violations of clauses (a)(3) | 21 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 22 | | years from the date of reconfinement;
| 23 | | (D) For those released as a result of youthful | 24 | | offender parole as set forth in Section 5-4.5-115 of | 25 | | this Code, the reconfinement period shall be for the | 26 | | total mandatory supervised release term, less the time |
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| 1 | | elapsed between the release of the person and the | 2 | | commission of the violation for which mandatory | 3 | | supervised release is revoked. The Board may also | 4 | | order that a prisoner serve up to one year of the | 5 | | mandatory supervised release term previously earned. | 6 | | The Board may also order that the inmate be | 7 | | subsequently rereleased to serve a specified mandatory | 8 | | supervised release term not to exceed the full term | 9 | | permitted under the provisions of Section 5-4.5-115 | 10 | | and subsection (d) of Section 5-8-1 of this Code and | 11 | | may modify or enlarge the conditions of the release as | 12 | | the Board deems proper; | 13 | |
(ii) the person shall be given credit against the | 14 | | term of
reimprisonment or reconfinement for time spent | 15 | | in custody
since he or she was paroled or released | 16 | | which has not been credited
against another sentence | 17 | | or period of confinement;
| 18 | |
(iii) (blank);
| 19 | |
(iv) this Section is subject to the release under
| 20 | | supervision and the reparole and rerelease provisions | 21 | | of Section
3-3-10.
| 22 | | (b) The Board may revoke parole or mandatory supervised
| 23 | | release for violation of a condition for the duration of the
| 24 | | term and for any further period which is reasonably necessary
| 25 | | for the adjudication of matters arising before its expiration.
| 26 | | The issuance of a warrant of arrest for an alleged violation
of |
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| 1 | | the conditions of parole or mandatory supervised release
shall | 2 | | toll the running of the term until the final determination of | 3 | | the
charge. When
parole or mandatory supervised release is not | 4 | | revoked
that period shall be credited to the term, unless a | 5 | | community-based sanction is imposed as an alternative to | 6 | | revocation and reincarceration, including a diversion | 7 | | established by the Illinois Department of Corrections Parole | 8 | | Services Unit prior to the holding of a preliminary parole | 9 | | revocation hearing. Parolees who are diverted to a | 10 | | community-based sanction shall serve the entire term of parole | 11 | | or mandatory supervised release, if otherwise appropriate.
| 12 | | (b-5) The Board shall revoke parole or mandatory | 13 | | supervised release for violation of the conditions prescribed | 14 | | in paragraph (7.6) of subsection (a) of Section 3-3-7. | 15 | | (c) A person charged with violating a condition of parole | 16 | | or
mandatory supervised release shall have a preliminary | 17 | | hearing
before a hearing officer designated by the Board to | 18 | | determine
if there is cause to hold the person for a revocation | 19 | | hearing.
However, no preliminary hearing need be held when | 20 | | revocation is based
upon new criminal charges and a court | 21 | | finds probable cause on the new
criminal charges or when the | 22 | | revocation
is based upon a new criminal conviction and a | 23 | | certified copy of
that conviction is available.
| 24 | | (d) Parole or mandatory supervised release shall not be
| 25 | | revoked without written notice to the offender setting forth
| 26 | | the violation of parole or mandatory supervised release |
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| 1 | | charged
against him or her.
| 2 | | (e) A hearing on revocation shall be conducted before at
| 3 | | least one member of the Prisoner Review Board. The Board may
| 4 | | meet and order its actions in panels of 3 or more members.
The | 5 | | action of a majority of the panel shall be the action of
the | 6 | | Board. A record
of the hearing shall be made. At the hearing | 7 | | the offender shall
be permitted to:
| 8 | | (1) appear and answer the charge; and
| 9 | | (2) bring witnesses on his or her behalf.
| 10 | | (f) The Board shall either revoke parole or mandatory
| 11 | | supervised release or order the person's term continued with
| 12 | | or without modification or enlargement of the conditions.
| 13 | | | 14 | | (g) Parole or mandatory supervised release shall not be
| 15 | | revoked solely for failure to comply with a condition of | 16 | | release that requires the parolee or releasee to affirmatively | 17 | | do something, unless there is sufficient evidence the failure | 18 | | was willful. When considering whether the failure was willful, | 19 | | the parole agent and the Prisoner Review Board must consider | 20 | | the person's ability to pay and the availability of programs | 21 | | or other resources necessary to compliance, consistent with | 22 | | subsection (j) of Section 3-3-7. A good-faith effort to | 23 | | participate in mandated programs, services, or treatment by | 24 | | the Board or the Department shall be a defense to revocation. | 25 | | Parole agents shall not initiate revocation proceedings | 26 | | against a parolee or releasee for failure to participate in |
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| 1 | | programming absent compliance with subsections (d) and (e). | 2 | | This paragraph does not
impact the authority of the Board or a | 3 | | parole agent to initiate revocation proceedings for felonious | 4 | | misbehavior for failure to make payments under the conditions | 5 | | of
parole or release unless the Board determines that such | 6 | | failure is
due to the offender's willful refusal to pay .
| 7 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
| 8 | | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| 9 | | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| 10 | | Release and Release by Statute.
| 11 | | (a) The Department shall retain custody of all persons | 12 | | placed on
parole or mandatory supervised release or released | 13 | | pursuant to Section
3-3-10 of this Code and shall supervise | 14 | | such persons during
their parole or release period in accord | 15 | | with the conditions set by the
Prisoner Review Board. Such | 16 | | conditions may shall include referral to an
alcohol or drug | 17 | | abuse treatment program, as appropriate, only when necessary | 18 | | to comply with trauma and gender informed risk, assets, and | 19 | | needs assessment if such person has
previously been identified | 20 | | as having an alcohol or drug abuse problem .
Such conditions | 21 | | may include that the person use an approved electronic
| 22 | | monitoring device subject to Article 8A of Chapter V.
| 23 | | (b) The Department shall assign personnel to assist | 24 | | persons eligible
for parole in preparing a parole plan. Such | 25 | | Department personnel shall
make a report of their efforts and |
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| 1 | | findings to the Prisoner Review
Board prior to its | 2 | | consideration of the case of such eligible person.
| 3 | | (c) A copy of the conditions of his parole or release shall | 4 | | be
signed by the parolee or releasee and given to him and to | 5 | | his
supervising officer who shall report on his progress under | 6 | | the rules and
regulations of the Prisoner Review Board. The | 7 | | supervising officer
shall report violations to the Prisoner | 8 | | Review Board and shall have
the full power of peace officers in | 9 | | the arrest and retaking of any
parolees or releasees or the | 10 | | officer may request the Department to issue
a warrant for the | 11 | | arrest of any parolee or releasee who has allegedly
violated | 12 | | his parole or release conditions. | 13 | | (c-1) The supervising officer shall request the Department | 14 | | to issue a parole violation warrant, and the Department shall | 15 | | issue a parole violation warrant, under the following | 16 | | circumstances: | 17 | | (1) if the parolee or releasee
commits an act that | 18 | | constitutes a felony using a firearm or knife, | 19 | | (2) if applicable, fails to comply with the | 20 | | requirements of the Sex Offender Registration Act, | 21 | | (3) if the parolee or releasee is charged with: | 22 | | (A) a felony offense of domestic battery under | 23 | | Section 12-3.2 of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012, | 25 | | (B) aggravated domestic battery under Section | 26 | | 12-3.3 of the Criminal Code of 1961 or the Criminal |
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| 1 | | Code of 2012, | 2 | | (C) stalking under Section 12-7.3 of the Criminal | 3 | | Code of 1961 or the Criminal Code of 2012, | 4 | | (D) aggravated stalking under Section 12-7.4 of | 5 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 6 | | (E) violation of an order of protection under | 7 | | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012, or | 9 | | (F) any offense that would require registration as | 10 | | a sex offender under the Sex Offender Registration | 11 | | Act, or | 12 | | (4) if the parolee or releasee
is on parole or | 13 | | mandatory supervised release for a murder, a Class X | 14 | | felony or a Class 1 felony violation of the Criminal Code | 15 | | of 1961 or the Criminal Code of 2012, or any felony that | 16 | | requires registration as a sex offender under the Sex | 17 | | Offender Registration Act and commits an act that | 18 | | constitutes first degree murder, a Class X felony, a Class | 19 | | 1 felony, a Class 2 felony, or a Class 3 felony. | 20 | | A
sheriff or other peace officer may detain an alleged | 21 | | parole or release
violator until a warrant for his return to | 22 | | the Department can be issued.
The parolee or releasee may be | 23 | | delivered to any secure place until he can
be transported to | 24 | | the Department. The officer or the Department shall file a | 25 | | violation report with notice of charges with the Prisoner | 26 | | Review Board.
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| 1 | | (d) The supervising officer shall regularly advise and | 2 | | consult with
the parolee or releasee, assist him in adjusting | 3 | | to community life,
inform him of the restoration of his rights | 4 | | on successful completion of
sentence under Section 5-5-5. If | 5 | | the parolee or releasee has been convicted of a sex offense as | 6 | | defined in the Sex Offender
Management Board Act, the | 7 | | supervising officer shall periodically, but not less than once | 8 | | a month, verify that the parolee or releasee is in compliance | 9 | | with paragraph (7.6) of subsection (a) of Section 3-3-7.
| 10 | | (e) Supervising officers shall receive specialized | 11 | | training in the
special needs of female releasees or parolees | 12 | | including the family
reunification process.
| 13 | | (f) The supervising officer shall keep such records as the
| 14 | | Prisoner Review Board or Department may require. All records | 15 | | shall be
entered in the master file of the individual.
| 16 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; | 17 | | 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
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