Full Text of HB6786 93rd General Assembly
HB6786eng 93RD GENERAL ASSEMBLY
|
|
|
HB6786 Engrossed |
|
LRB093 16186 RLC 41819 b |
|
| 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 Section 3-3-7 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) The conditions of parole or mandatory
supervised | 10 |
| release shall be such as the Prisoner Review
Board deems | 11 |
| necessary to assist the subject in leading a
law-abiding life. | 12 |
| The conditions of every parole and mandatory
supervised release | 13 |
| are that the subject:
| 14 |
| (1) not violate any criminal statute of any | 15 |
| jurisdiction
during the parole or release term;
| 16 |
| (2) refrain from possessing a firearm or other | 17 |
| dangerous
weapon;
| 18 |
| (3) report to an agent of the Department of | 19 |
| Corrections;
| 20 |
| (4) permit the agent to visit him or her at his or her | 21 |
| home, employment,
or
elsewhere to the
extent necessary for | 22 |
| the agent to discharge his or her duties;
| 23 |
| (5) attend or reside in a facility established for the | 24 |
| instruction or
residence
of persons on
parole or mandatory | 25 |
| supervised release;
| 26 |
| (6) secure permission before visiting or writing a | 27 |
| committed person in an
Illinois Department
of Corrections | 28 |
| facility;
| 29 |
| (7) report all arrests to an agent of the Department of | 30 |
| Corrections as
soon as
permitted by the
arresting authority | 31 |
| but in no event later than 24 hours after release from
| 32 |
| custody;
|
|
|
|
HB6786 Engrossed |
- 2 - |
LRB093 16186 RLC 41819 b |
|
| 1 |
| (7.5) if convicted of a sex offense as defined in the | 2 |
| Sex Offender
Management Board Act, the individual shall | 3 |
| undergo and successfully complete
sex offender treatment | 4 |
| conducted in conformance with the standards developed by
| 5 |
| the Sex
Offender Management Board Act by a treatment | 6 |
| provider approved by the Board;
| 7 |
| (8) obtain permission of an agent of the Department of | 8 |
| Corrections before
leaving the
State of Illinois;
| 9 |
| (9) obtain permission of an agent of the Department of | 10 |
| Corrections before
changing
his or her residence or | 11 |
| employment;
| 12 |
| (10) consent to a search of his or her person, | 13 |
| property, or residence
under his or her
control;
| 14 |
| (11) refrain from the use or possession of narcotics or | 15 |
| other controlled
substances in
any form, or both, or any | 16 |
| paraphernalia related to those substances and submit
to a
| 17 |
| urinalysis test as instructed by a parole agent of the | 18 |
| Department of
Corrections;
| 19 |
| (12) not frequent places where controlled substances | 20 |
| are illegally sold,
used,
distributed, or administered;
| 21 |
| (13) not knowingly associate with other persons on | 22 |
| parole or mandatory
supervised
release without prior | 23 |
| written permission of his or her parole agent and not
| 24 |
| associate with
persons who are members of an organized gang | 25 |
| as that term is defined in the
Illinois
Streetgang | 26 |
| Terrorism Omnibus Prevention Act;
| 27 |
| (14) provide true and accurate information, as it | 28 |
| relates to his or her
adjustment in the
community while on | 29 |
| parole or mandatory supervised release or to his or her
| 30 |
| conduct
while incarcerated, in response to inquiries by his | 31 |
| or her parole agent or of
the
Department of Corrections; | 32 |
| and
| 33 |
| (15) follow any specific instructions provided by the | 34 |
| parole agent that
are consistent
with furthering | 35 |
| conditions set and approved by the Prisoner Review Board or | 36 |
| by
law,
exclusive of placement on electronic detention, to |
|
|
|
HB6786 Engrossed |
- 3 - |
LRB093 16186 RLC 41819 b |
|
| 1 |
| achieve the goals and
objectives of his
or her parole or | 2 |
| mandatory supervised release or to protect the public. | 3 |
| These
instructions by the parole agent may be modified at | 4 |
| any time, as the agent
deems
appropriate.
| 5 |
| (b) The Board may in addition to other conditions
require | 6 |
| that the subject:
| 7 |
| (1) work or pursue a course of study or vocational | 8 |
| training;
| 9 |
| (2) undergo medical or psychiatric treatment, or | 10 |
| treatment
for drug addiction or alcoholism;
| 11 |
| (3) attend or reside in a facility established for the
| 12 |
| instruction or residence of persons on probation or parole;
| 13 |
| (4) support his dependents;
| 14 |
| (5) (blank);
| 15 |
| (6) (blank);
| 16 |
| (7) comply with the terms and conditions of an order of | 17 |
| protection
issued pursuant to the Illinois Domestic | 18 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 19 |
| or an order of protection issued by the court of another
| 20 |
| state, tribe, or United States territory; and
| 21 |
| (8) in addition, if a minor:
| 22 |
| (i) reside with his parents or in a foster home;
| 23 |
| (ii) attend school;
| 24 |
| (iii) attend a non-residential program for youth; | 25 |
| or
| 26 |
| (iv) contribute to his own support at home or in a | 27 |
| foster
home.
| 28 |
| (b-1) In addition to the conditions set forth in | 29 |
| subsections (a) and (b), persons required to register as sex | 30 |
| offenders pursuant to the Sex Offender Registration Act, upon | 31 |
| release from the custody of the Illinois Department of | 32 |
| Corrections, may be required by the Board to comply with the | 33 |
| following specific conditions of release: | 34 |
| (1) reside only at a Department approved location; | 35 |
| (2) comply with all requirements of the Sex Offender | 36 |
| Registration Act;
|
|
|
|
HB6786 Engrossed |
- 4 - |
LRB093 16186 RLC 41819 b |
|
| 1 |
| (3) notify
third parties of the risks that may be | 2 |
| occasioned by his or her criminal record; | 3 |
| (4) obtain the approval of an agent of the Department | 4 |
| of Corrections prior to accepting employment or pursuing a | 5 |
| course of study or vocational training and notify the | 6 |
| Department prior to any change in employment, study, or | 7 |
| training; | 8 |
| (5) not be employed or participate in any
volunteer | 9 |
| activity that involves contact with children, except under | 10 |
| circumstances approved in advance and in writing by an | 11 |
| agent of the Department of Corrections; | 12 |
| (6) be electronically monitored for a minimum of 12 | 13 |
| months from the date of release as determined by the Board;
| 14 |
| (7) refrain from entering into a designated
geographic | 15 |
| area except upon terms approved in advance by an agent of | 16 |
| the Department of Corrections. The terms may include | 17 |
| consideration of the purpose of the entry, the time of day, | 18 |
| and others accompanying the person; | 19 |
| (8) refrain from having any contact, including
written | 20 |
| or oral communications, directly or indirectly, personally | 21 |
| or by telephone, letter, or through a third party with | 22 |
| certain specified persons including, but not limited to, | 23 |
| the victim or the victim's family without the prior written | 24 |
| approval of an agent of the Department of Corrections; | 25 |
| (9) refrain from all contact, directly or
indirectly, | 26 |
| personally, by telephone, letter, or through a third party, | 27 |
| with minor children without prior identification and | 28 |
| approval of an agent of the Department of Corrections; | 29 |
| (10) neither possess or have under his or her
control | 30 |
| any material that is sexually oriented, sexually | 31 |
| stimulating, or that shows male or female sex organs or any | 32 |
| pictures depicting children under 18 years of age nude or | 33 |
| any written or audio material describing sexual | 34 |
| intercourse or that depicts or alludes to sexual activity, | 35 |
| including but not limited to visual, auditory, telephonic, | 36 |
| or electronic media, or any matter obtained through access |
|
|
|
HB6786 Engrossed |
- 5 - |
LRB093 16186 RLC 41819 b |
|
| 1 |
| to any computer or material linked to computer access use; | 2 |
| (11) not patronize any business providing
sexually | 3 |
| stimulating or sexually oriented entertainment nor utilize | 4 |
| "900" or adult telephone numbers; | 5 |
| (12) not reside near, visit, or be in or about
parks, | 6 |
| schools, day care centers, swimming pools, beaches, | 7 |
| theaters, or any other places where minor children | 8 |
| congregate without advance approval of an agent of the | 9 |
| Department of Corrections and immediately report any | 10 |
| incidental contact with minor children to the Department; | 11 |
| (13) not possess or have under his or her control
| 12 |
| certain specified items of contraband related to the | 13 |
| incidence of sexually offending as determined by an agent | 14 |
| of the Department of Corrections; | 15 |
| (14) may be required to provide a written daily log of | 16 |
| activities
if directed by an agent of the Department of | 17 |
| Corrections; | 18 |
| (15) comply with all other special conditions
that the | 19 |
| Department may impose that restrict the person from | 20 |
| high-risk situations and limit access to potential | 21 |
| victims. | 22 |
| (c) The conditions under which the parole or mandatory
| 23 |
| supervised release is to be served shall be communicated to
the | 24 |
| person in writing prior to his release, and he shall
sign the | 25 |
| same before release. A signed copy of these conditions,
| 26 |
| including a copy of an order of protection where one had been | 27 |
| issued by the
criminal court, shall be retained by the person | 28 |
| and another copy forwarded to
the officer in charge of his | 29 |
| supervision.
| 30 |
| (d) After a hearing under Section 3-3-9, the Prisoner
| 31 |
| Review Board may modify or enlarge the conditions of parole
or | 32 |
| mandatory supervised release.
| 33 |
| (e) The Department shall inform all offenders committed to
| 34 |
| the Department of the optional services available to them
upon | 35 |
| release and shall assist inmates in availing themselves
of such | 36 |
| optional services upon their release on a voluntary
basis.
|
|
|
|
HB6786 Engrossed |
- 6 - |
LRB093 16186 RLC 41819 b |
|
| 1 |
| (Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04.)
| 2 |
| Section 99. Effective date. This Act takes effect January | 3 |
| 1, 2005.
|
|