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Public Act 92-0460
HB2844 Enrolled LRB9202403ARsb
AN ACT in relation to 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 Sections 3-3-7 and 3-3-9 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; and
(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;
(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; and
(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.
(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); report to an agent of the Department
of Corrections;
(6) (blank); permit the agent to visit him at his
home or elsewhere to the extent necessary to discharge
his duties;
(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) and, 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.
(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.
(Source: P.A. 91-903, eff. 1-1-01.)
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
Sec. 3-3-9. Violations; changes of conditions;
preliminary hearing; revocation of parole or mandatory
supervised release; revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of
parole or mandatory supervised release under Section 3-3-7 of
this Code to govern that term, the Board may:
(1) continue the existing term, with or without
modifying or enlarging the conditions; or
(2) parole or release the person to a half-way
house; or
(3) revoke the parole or mandatory supervised
release and reconfine the person for a term computed in
the following manner:
(i) (A) For those sentenced under the law in
effect prior to this amendatory Act of 1977, the
recommitment shall be for any portion of the imposed
maximum term of imprisonment or confinement which
had not been served at the time of parole and the
parole term, less the time elapsed between the
parole of the person and the commission of the
violation for which parole was revoked;
(B) For those subject to mandatory supervised
release under paragraph (d) of Section 5-8-1 of this
Code, the recommitment shall be for the total
mandatory supervised release term, less the time
elapsed between the release of the person and the
commission of the violation for which mandatory
supervised release is revoked. The Board may also
order that a prisoner serve up to one year of the
sentence imposed by the court which was not served
due to the accumulation of good conduct credit.
(ii) the person shall be given credit against
the term of reimprisonment or reconfinement for time
spent in custody since he was paroled or released
which has not been credited against another sentence
or period of confinement;
(iii) persons committed under the Juvenile
Court Act or the Juvenile Court Act of 1987 shall be
recommitted until the age of 21;
(iv) this Section is subject to the release
under supervision and the reparole and rerelease
provisions of Section 3-3-10.
(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its
expiration. The issuance of a warrant of arrest for an
alleged violation of the conditions of parole or mandatory
supervised release shall toll the running of the term until
the final determination of the charge, but where parole or
mandatory supervised release is not revoked that period shall
be credited to the term.
(c) A person charged with violating a condition of
parole or mandatory supervised release shall have a
preliminary hearing before a hearing officer designated by
the Board to determine if there is cause to hold the person
for a revocation hearing. However, no preliminary hearing
need be held when revocation is based upon new criminal
charges and a court finds probable cause on the new criminal
charges or when the revocation is based upon a new criminal
conviction and a certified copy of that conviction is
available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release
charged against him.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members.
The action of a majority of the panel shall be the action of
the Board. In consideration of persons committed to the
Juvenile Division, the member hearing the matter and at least
a majority of the panel shall be experienced in juvenile
matters. A record of the hearing shall be made. At the
hearing the offender shall be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with
or without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such
failure is due to the offender's willful refusal to pay.
(Source: P.A. 85-1209.)
Passed in the General Assembly May 31, 2001.
Approved August 22, 2001.
Effective January 01, 2002.
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