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Public Act 095-0539
Public Act 0539 95TH GENERAL ASSEMBLY
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Public Act 095-0539 |
SB1391 Enrolled |
LRB095 11016 RLC 31330 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Section 3-3-7 as follows: | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | Release.
| (a) The conditions of parole or mandatory
supervised | release shall be such as the Prisoner Review
Board deems | necessary to assist the subject in leading a
law-abiding life. | The conditions of every parole and mandatory
supervised release | are that the subject:
| (1) not violate any criminal statute of any | jurisdiction
during the parole or release term;
| (2) refrain from possessing a firearm or other | dangerous
weapon;
| (3) report to an agent of the Department of | Corrections;
| (4) permit the agent to visit him or her at his or her | home, employment,
or
elsewhere to the
extent necessary for | the agent to discharge his or her duties;
| (5) attend or reside in a facility established for the |
| instruction or
residence
of persons on
parole or mandatory | supervised release;
| (6) secure permission before visiting or writing a | committed person in an
Illinois Department
of Corrections | facility;
| (7) report all arrests to an agent of the Department of | Corrections as
soon as
permitted by the
arresting authority | but in no event later than 24 hours after release from
| custody;
| (7.5) if convicted of a sex offense as defined in the | Sex Offender
Management Board Act, the individual shall | undergo and successfully complete
sex offender treatment | conducted in conformance with the standards developed by
| the Sex
Offender Management Board Act by a treatment | provider approved by the Board;
| (7.6) if convicted of a sex offense as defined in the | Sex Offender
Management Board Act, refrain from residing at | the same address or in the same condominium unit or | apartment unit or in the same condominium complex or | apartment complex with another person he or she knows or | reasonably should know is a convicted sex offender or has | been placed on supervision for a sex offense; the | provisions of this paragraph do not apply to a person | convicted of a sex offense who is placed in a Department of | Corrections licensed transitional housing facility for sex | offenders, or is in any facility operated or licensed by |
| the Department of Children and Family Services or by the | Department of Human Services, or is in any licensed medical | facility;
| (7.7) if convicted for an offense that would qualify | the accused as a sexual predator under the Sex Offender | Registration Act on or after the effective date of this | amendatory Act of the 94th General Assembly, wear an | approved electronic monitoring device as defined in | Section 5-8A-2 for the duration of the person's parole, | mandatory supervised release term, or extended mandatory | supervised release term, provided funding is appropriated | by the General Assembly;
| (8) obtain permission of an agent of the Department of | Corrections before
leaving the
State of Illinois;
| (9) obtain permission of an agent of the Department of | Corrections before
changing
his or her residence or | employment;
| (10) consent to a search of his or her person, | property, or residence
under his or her
control;
| (11) refrain from the use or possession of narcotics or | other controlled
substances in
any form, or both, or any | paraphernalia related to those substances and submit
to a
| urinalysis test as instructed by a parole agent of the | Department of
Corrections;
| (12) not frequent places where controlled substances | are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | parole or mandatory
supervised
release without prior | written permission of his or her parole agent and not
| associate with
persons who are members of an organized gang | as that term is defined in the
Illinois
Streetgang | Terrorism Omnibus Prevention Act;
| (14) provide true and accurate information, as it | relates to his or her
adjustment in the
community while on | parole or mandatory supervised release or to his or her
| conduct
while incarcerated, in response to inquiries by his | or her parole agent or of
the
Department of Corrections;
| (15) follow any specific instructions provided by the | parole agent that
are consistent
with furthering | conditions set and approved by the Prisoner Review Board or | by
law,
exclusive of placement on electronic detention, to | achieve the goals and
objectives of his
or her parole or | mandatory supervised release or to protect the public. | These
instructions by the parole agent may be modified at | any time, as the agent
deems
appropriate; and
| (16) if convicted of a sex offense as defined in | subsection (a-5) of Section 3-1-2 of this Code, unless the | offender is a parent or guardian of the person under 18 | years of age present in the home and no non-familial minors | are present, not participate in a holiday event involving | children under 18 years of age, such as distributing candy | or other items to children on Halloween, wearing a Santa |
| Claus costume on or preceding Christmas, being employed as | a department store Santa Claus, or wearing an Easter Bunny | costume on or preceding Easter. | (b) The Board may in addition to other conditions
require | that the subject:
| (1) work or pursue a course of study or vocational | training;
| (2) undergo medical or psychiatric treatment, or | treatment
for drug addiction or alcoholism;
| (3) attend or reside in a facility established for the
| instruction or residence of persons on probation or parole;
| (4) support his dependents;
| (5) (blank);
| (6) (blank);
| (7) comply with the terms and conditions of an order of | protection
issued pursuant to the Illinois Domestic | Violence Act of 1986, enacted by the
84th General Assembly, | or an order of protection issued by the court of another
| state, tribe, or United States territory; and
| (8) in addition, if a minor:
| (i) reside with his parents or in a foster home;
| (ii) attend school;
| (iii) attend a non-residential program for youth; | or
| (iv) contribute to his own support at home or in a | foster
home.
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| (b-1) In addition to the conditions set forth in | subsections (a) and (b), persons required to register as sex | offenders pursuant to the Sex Offender Registration Act, upon | release from the custody of the Illinois Department of | Corrections, may be required by the Board to comply with the | following specific conditions of release: | (1) reside only at a Department approved location; | (2) comply with all requirements of the Sex Offender | Registration Act;
| (3) notify
third parties of the risks that may be | occasioned by his or her criminal record; | (4) obtain the approval of an agent of the Department | of Corrections prior to accepting employment or pursuing a | course of study or vocational training and notify the | Department prior to any change in employment, study, or | training; | (5) not be employed or participate in any
volunteer | activity that involves contact with children, except under | circumstances approved in advance and in writing by an | agent of the Department of Corrections; | (6) be electronically monitored for a minimum of 12 | months from the date of release as determined by the Board;
| (7) refrain from entering into a designated
geographic | area except upon terms approved in advance by an agent of | the Department of Corrections. The terms may include | consideration of the purpose of the entry, the time of day, |
| and others accompanying the person; | (8) refrain from having any contact, including
written | or oral communications, directly or indirectly, personally | or by telephone, letter, or through a third party with | certain specified persons including, but not limited to, | the victim or the victim's family without the prior written | approval of an agent of the Department of Corrections; | (9) refrain from all contact, directly or
indirectly, | personally, by telephone, letter, or through a third party, | with minor children without prior identification and | approval of an agent of the Department of Corrections; | (10) neither possess or have under his or her
control | any material that is sexually oriented, sexually | stimulating, or that shows male or female sex organs or any | pictures depicting children under 18 years of age nude or | any written or audio material describing sexual | intercourse or that depicts or alludes to sexual activity, | including but not limited to visual, auditory, telephonic, | or electronic media, or any matter obtained through access | to any computer or material linked to computer access use; | (11) not patronize any business providing
sexually | stimulating or sexually oriented entertainment nor utilize | "900" or adult telephone numbers; | (12) not reside near, visit, or be in or about
parks, | schools, day care centers, swimming pools, beaches, | theaters, or any other places where minor children |
| congregate without advance approval of an agent of the | Department of Corrections and immediately report any | incidental contact with minor children to the Department; | (13) not possess or have under his or her control
| certain specified items of contraband related to the | incidence of sexually offending as determined by an agent | of the Department of Corrections; | (14) may be required to provide a written daily log of | activities
if directed by an agent of the Department of | Corrections; | (15) comply with all other special conditions
that the | Department may impose that restrict the person from | high-risk situations and limit access to potential | victims. | (c) The conditions under which the parole or mandatory
| supervised release is to be served shall be communicated to
the | person in writing prior to his release, and he shall
sign the | same before release. A signed copy of these conditions,
| including a copy of an order of protection where one had been | issued by the
criminal court, shall be retained by the person | and another copy forwarded to
the officer in charge of his | supervision.
| (d) After a hearing under Section 3-3-9, the Prisoner
| Review Board may modify or enlarge the conditions of parole
or | mandatory supervised release.
| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | release and shall assist inmates in availing themselves
of such | optional services upon their release on a voluntary
basis. | (f) When the subject is in compliance with all conditions | of his or her parole or mandatory supervised release, the | subject shall receive a reduction of the period of his or her | parole or mandatory supervised release of 90 days upon passage | of the high school level Test of General Educational | Development during the period of his or her parole or mandatory | supervised release. This reduction in the period of a subject's | term of parole or mandatory supervised release shall be | available only to subjects who have not previously earned a | high school diploma or who have not previously passed the high | school level Test of General Educational Development.
| (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, | eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)
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Effective Date: 1/1/2008
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