Public Act 096-0236
 		





HB0327 Enrolled
LRB096 03069 RLC 13084 b






    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)
    (Text of Section after amendment by P.A. 95-983)
    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 and if convicted for an offense of 
    criminal sexual assault, aggravated criminal sexual 
    assault, predatory criminal sexual assault of a child, 
    criminal sexual abuse, aggravated criminal sexual abuse, 
    or ritualized abuse of a child committed on or after the 
    effective date of this amendatory Act of the 96th General 
    Assembly when the victim was under 18 years of age at the 
    time of the commission of the offense and the defendant 
    used force or the threat of force in the commission of the 
    offense wear an approved electronic monitoring device as 
    defined in Section 5-8A-2 that has Global Positioning 
    System (GPS) capability for the duration of the person’s 
    parole, mandatory supervised release term, or extended 
    mandatory supervised release term;

        (7.8)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is not 
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (7.8), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961; and a person 
    is not related to the accused if the person is  not: (i) the 
    spouse, brother, or sister of the accused;  (ii) a 
    descendant of the accused; (iii) a first or second cousin 
    of the accused; or (iv) a step-child or adopted child of 
    the accused;

        (7.9)
 if convicted under Section 11-6, 11-20.1, 
    11-20.3, or 11-21 of the Criminal Code of 1961, consent to 
    search of computers, PDAs, cellular phones, and other 
    devices under his or her control that are capable of 
    accessing the Internet or storing electronic files, in 
    order to confirm Internet protocol addresses reported in 
    accordance with the Sex Offender Registration Act and 
    compliance with conditions in this Act;

        (7.10)
 if convicted for an offense that would qualify 
    the accused as a sex offender or sexual predator under the 
    Sex Offender Registration Act on or after the effective 
    date of this amendatory Act of the 95th General Assembly, 
    not possess prescription drugs for erectile dysfunction;

        (7.11) if convicted for an offense under Section 11-6, 
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal 
    Code of 1961, or any attempt to commit any of these 
    offenses, committed on or after June 1, 2009 (the effective 
    date of Public Act 95-983) this amendatory Act of the 95th 
    General Assembly:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; 
        (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;


        (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;


        (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; and
        (17)  if convicted of a violation of an order of 
    protection under Section 12-30 of the Criminal Code of 
    1961, be placed under electronic surveillance as provided 
    in Section 5-8A-7 of this Code. 
    (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; 

        (7.5)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is 
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (7.5), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961; and a person 
    is related to the accused if the person is: (i) the spouse, 
    brother, or sister of the accused;  (ii) a descendant of the 
    accused; (iii) a first or second cousin of the accused; or 
    (iv) a step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after 
    June 1, 2009 (the effective date of Public Act 95-983) this 
    amendatory Act of the 95th General Assembly that would 
    qualify as a sex offense as defined in the Sex Offender 
    Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; 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.


    (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;
        (16) take an annual polygraph exam;
        (17)  maintain a log of his or her travel; or
        (18)  obtain prior approval of his or her parole officer 
    before driving alone in a motor vehicle.

    (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

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. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 
94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 
95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)

 
    Section 99. Effective date. This Act takes effect June 1, 
2009.



Effective Date:  8/11/2009