Public Act 099-0698
 
SB2282 EnrolledLRB099 18376 RLC 42751 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)
    Sec. 3-3-7. Conditions of Parole, Mandatory Supervised
Release, or Aftercare Release.
    (a) The conditions of parole, aftercare release, 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, aftercare
release, and mandatory supervised release are that the subject:
        (1) not violate any criminal statute of any
    jurisdiction during the parole, aftercare release, or
    release term;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of Corrections
    or to the Department of Juvenile Justice;
        (4) permit the agent or aftercare specialist to visit
    him or her at his or her home, employment, or elsewhere to
    the extent necessary for the agent or aftercare specialist
    to discharge his or her duties;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole, aftercare
    release, 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 or to the Department of Juvenile Justice as
    soon as permitted by the arresting authority but in no
    event later than 24 hours after release from custody and
    immediately report service or notification of an order of
    protection, a civil no contact order, or a stalking no
    contact order to an agent of the Department of Corrections;
        (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 January 1, 2007 (the effective
    date of Public Act 94-988), wear an approved electronic
    monitoring device as defined in Section 5-8A-2 for the
    duration of the person's parole, aftercare release,
    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 August
    11, 2009 (the effective date of Public Act 96-236) 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,
    aftercare release, mandatory supervised release term, or
    extended mandatory supervised release term;
        (7.8) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) 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 or the Criminal Code of 2012, 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 16-0.1 of the Criminal
    Code of 2012; 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,
    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
    the Criminal Code of 2012, 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 June 1, 2008 (the
    effective date of Public Act 95-640), not possess
    prescription drugs for erectile dysfunction;
        (7.11) if convicted for an offense under Section 11-6,
    11-9.1, 11-14.4 that involves soliciting for a juvenile
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    or any attempt to commit any of these offenses, committed
    on or after June 1, 2009 (the effective date of Public Act
    95-983):
            (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, aftercare specialist, 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 or aftercare specialist;
        (7.12) if convicted of a sex offense as defined in the
    Sex Offender Registration Act committed on or after January
    1, 2010 (the effective date of Public Act 96-262), refrain
    from accessing or using a social networking website as
    defined in Section 17-0.5 of the Criminal Code of 2012;
        (7.13) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after January 1, 2010 (the effective date of Public Act
    96-362) that requires the person to register as a sex
    offender under that Act, may not knowingly use any computer
    scrub software on any computer that the sex offender uses;
        (8) obtain permission of an agent of the Department of
    Corrections or the Department of Juvenile Justice before
    leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections or the Department of Juvenile Justice 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 or an aftercare specialist of the
    Department of Juvenile Justice;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole, aftercare release, or mandatory supervised release
    without prior written permission of his or her parole agent
    or aftercare specialist, except when the association
    involves activities related to community programs, worship
    services, volunteering, and engaging families, 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, aftercare release, 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 or by his or her aftercare specialist or of
    the Department of Juvenile Justice;
        (15) follow any specific instructions provided by the
    parole agent or aftercare specialist 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, aftercare release, or mandatory
    supervised release or to protect the public. These
    instructions by the parole agent or aftercare specialist
    may be modified at any time, as the agent or aftercare
    specialist 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;
        (17) if convicted of a violation of an order of
    protection under Section 12-3.4 or Section 12-30 of the
    Criminal Code of 1961 or the Criminal Code of 2012, be
    placed under electronic surveillance as provided in
    Section 5-8A-7 of this Code;
        (18) comply with the terms and conditions of an order
    of protection issued pursuant to the Illinois Domestic
    Violence Act of 1986; an order of protection issued by the
    court of another state, tribe, or United States territory;
    a no contact order issued pursuant to the Civil No Contact
    Order Act; or a no contact order issued pursuant to the
    Stalking No Contact Order Act; and
        (19) if convicted of a violation of the Methamphetamine
    Control and Community Protection Act, the Methamphetamine
    Precursor Control Act, or a methamphetamine related
    offense, be:
            (A) prohibited from purchasing, possessing, or
        having under his or her control any product containing
        pseudoephedrine unless prescribed by a physician; and
            (B) prohibited from purchasing, possessing, or
        having under his or her control any product containing
        ammonium nitrate.
    (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 or her dependents;
        (5) (blank);
        (6) (blank);
        (7) (blank);
        (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 or the Criminal Code of 2012, 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 16-0.1 of the
    Criminal Code of 2012; 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) 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 or aftercare specialist, 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 or aftercare specialist; and
        (8) in addition, if a minor:
            (i) reside with his or her parents or in a foster
        home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his or her 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 or Department of Juvenile Justice, 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 or the Department of Juvenile Justice 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 or the Department of
    Juvenile Justice;
        (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 or the Department of Juvenile
    Justice. 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 or
    the Department of Juvenile Justice;
        (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 or
    the Department of Juvenile Justice;
        (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 or the Department of Juvenile
    Justice 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 or the Department of
    Juvenile Justice;
        (14) may be required to provide a written daily log of
    activities if directed by an agent of the Department of
    Corrections or the Department of Juvenile Justice;
        (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
    or aftercare specialist before driving alone in a motor
    vehicle.
    (c) The conditions under which the parole, aftercare
release, or mandatory supervised release is to be served shall
be communicated to the person in writing prior to his or her
release, and he or she 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 or aftercare specialist in charge of his or her
supervision.
    (d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole,
aftercare release, 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) (Blank).
(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2016