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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5510 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED:
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| 730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 | 730 ILCS 5/3-14-1 | from Ch. 38, par. 1003-14-1 |
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Amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory supervised release, a person placed on parole or mandatory supervised release must reside within the county where the subject resided immediately prior to his or her commitment to the Department of Corrections. Provides that upon release of a person on parole or mandatory supervised release, the Department of Corrections shall release the person only to an address located in the county where the subject resided immediately prior to his or her commitment to the Department.
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| | A BILL FOR |
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| | HB5510 | | LRB098 15271 RLC 50291 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Unified Code of Corrections is amended by |
5 | | changing Sections 3-3-7 and 3-14-1 as follows:
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6 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
7 | | Sec. 3-3-7. Conditions of Parole, Mandatory Supervised |
8 | | Release, or Aftercare Release.
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9 | | (a) The conditions of parole, aftercare release, or |
10 | | mandatory
supervised release shall be such as the Prisoner |
11 | | Review
Board deems necessary to assist the subject in leading a
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12 | | law-abiding life. The conditions of every parole, aftercare |
13 | | release, and mandatory
supervised release are that the subject:
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14 | | (1) not violate any criminal statute of any |
15 | | jurisdiction
during the parole, aftercare release, or |
16 | | release term;
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17 | | (2) refrain from possessing a firearm or other |
18 | | dangerous
weapon;
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19 | | (3) report to an agent of the Department of Corrections |
20 | | or to the Department of Juvenile Justice;
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21 | | (4) permit the agent or aftercare specialist to visit |
22 | | him or her at his or her home, employment,
or
elsewhere to |
23 | | the
extent necessary for the agent or aftercare specialist |
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1 | | to discharge his or her duties;
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2 | | (5) attend or reside in a facility established for the |
3 | | instruction or
residence
of persons on
parole, aftercare |
4 | | release, or mandatory supervised release;
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5 | | (6) secure permission before visiting or writing a |
6 | | committed person in an
Illinois Department
of Corrections |
7 | | facility;
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8 | | (7) report all arrests to an agent of the Department of |
9 | | Corrections or to the Department of Juvenile Justice as
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10 | | soon as
permitted by the
arresting authority but in no |
11 | | event later than 24 hours after release from
custody and |
12 | | immediately report service or notification of an order of |
13 | | protection, a civil no contact order, or a stalking no |
14 | | contact order to an agent of the Department of Corrections;
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15 | | (7.5) if convicted of a sex offense as defined in the |
16 | | Sex Offender
Management Board Act, the individual shall |
17 | | undergo and successfully complete
sex offender treatment |
18 | | conducted in conformance with the standards developed by
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19 | | the Sex
Offender Management Board Act by a treatment |
20 | | provider approved by the Board;
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21 | | (7.6) if convicted of a sex offense as defined in the |
22 | | Sex Offender
Management Board Act, refrain from residing at |
23 | | the same address or in the same condominium unit or |
24 | | apartment unit or in the same condominium complex or |
25 | | apartment complex with another person he or she knows or |
26 | | reasonably should know is a convicted sex offender or has |
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1 | | been placed on supervision for a sex offense; the |
2 | | provisions of this paragraph do not apply to a person |
3 | | convicted of a sex offense who is placed in a Department of |
4 | | Corrections licensed transitional housing facility for sex |
5 | | offenders, or is in any facility operated or licensed by |
6 | | the Department of Children and Family Services or by the |
7 | | Department of Human Services, or is in any licensed medical |
8 | | facility;
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9 | | (7.7) if convicted for an offense that would qualify |
10 | | the accused as a sexual predator under the Sex Offender |
11 | | Registration Act on or after January 1, 2007 (the effective |
12 | | date of Public Act 94-988), wear an approved electronic |
13 | | monitoring device as defined in Section 5-8A-2 for the |
14 | | duration of the person's parole, aftercare release, |
15 | | mandatory supervised release term, or extended mandatory |
16 | | supervised release term and if convicted for an offense of |
17 | | criminal sexual assault, aggravated criminal sexual |
18 | | assault, predatory criminal sexual assault of a child, |
19 | | criminal sexual abuse, aggravated criminal sexual abuse, |
20 | | or ritualized abuse of a child committed on or after August |
21 | | 11, 2009 (the effective date of Public Act 96-236) when the |
22 | | victim was under 18 years of age at the time of the |
23 | | commission of the offense and the defendant used force or |
24 | | the threat of force in the commission of the offense wear |
25 | | an approved electronic monitoring device as defined in |
26 | | Section 5-8A-2 that has Global Positioning System (GPS) |
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1 | | capability for the duration of the person's parole, |
2 | | aftercare release, mandatory supervised release term, or |
3 | | extended mandatory supervised release term;
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4 | | (7.8) if convicted for an offense committed on or after |
5 | | June 1, 2008 (the effective date of Public Act 95-464) that |
6 | | would qualify the accused as a child sex offender as |
7 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
8 | | 1961 or the Criminal Code of 2012, refrain from |
9 | | communicating with or contacting, by means of the Internet, |
10 | | a person who is not related to the accused and whom the |
11 | | accused reasonably believes to be under 18 years of age; |
12 | | for purposes of this paragraph (7.8), "Internet" has the |
13 | | meaning ascribed to it in Section 16-0.1 of the Criminal |
14 | | Code of 2012; and a person is not related to the accused if |
15 | | the person is not: (i) the spouse, brother, or sister of |
16 | | the accused; (ii) a descendant of the accused; (iii) a |
17 | | first or second cousin of the accused; or (iv) a step-child |
18 | | or adopted child of the accused;
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19 | | (7.9)
if convicted under Section 11-6, 11-20.1, |
20 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or |
21 | | the Criminal Code of 2012, consent to search of computers, |
22 | | PDAs, cellular phones, and other devices under his or her |
23 | | control that are capable of accessing the Internet or |
24 | | storing electronic files, in order to confirm Internet |
25 | | protocol addresses reported in accordance with the Sex |
26 | | Offender Registration Act and compliance with conditions |
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1 | | in this Act;
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2 | | (7.10)
if convicted for an offense that would qualify |
3 | | the accused as a sex offender or sexual predator under the |
4 | | Sex Offender Registration Act on or after June 1, 2008 (the |
5 | | effective date of Public Act 95-640), not possess |
6 | | prescription drugs for erectile dysfunction;
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7 | | (7.11) if convicted for an offense under Section 11-6, |
8 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
9 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
10 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
11 | | or any attempt to commit any of these offenses, committed |
12 | | on or after June 1, 2009 (the effective date of Public Act |
13 | | 95-983): |
14 | | (i) not access or use a computer or any other |
15 | | device with Internet capability without the prior |
16 | | written approval of the Department; |
17 | | (ii) submit to periodic unannounced examinations |
18 | | of the offender's computer or any other device with |
19 | | Internet capability by the offender's supervising |
20 | | agent, aftercare specialist, a law enforcement |
21 | | officer, or assigned computer or information |
22 | | technology specialist, including the retrieval and |
23 | | copying of all data from the computer or device and any |
24 | | internal or external peripherals and removal of such |
25 | | information, equipment, or device to conduct a more |
26 | | thorough inspection; |
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1 | | (iii) submit to the installation on the offender's |
2 | | computer or device with Internet capability, at the |
3 | | offender's expense, of one or more hardware or software |
4 | | systems to monitor the Internet use; and |
5 | | (iv) submit to any other appropriate restrictions |
6 | | concerning the offender's use of or access to a |
7 | | computer or any other device with Internet capability |
8 | | imposed by the Board, the Department or the offender's |
9 | | supervising agent or aftercare specialist; |
10 | | (7.12) if convicted of a sex offense as defined in the |
11 | | Sex Offender
Registration Act committed on or after January |
12 | | 1, 2010 (the effective date of Public Act 96-262), refrain |
13 | | from accessing or using a social networking website as |
14 | | defined in Section 17-0.5 of the Criminal Code of 2012;
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15 | | (7.13) if convicted of a sex offense as defined in |
16 | | Section 2 of the Sex Offender Registration Act committed on |
17 | | or after January 1, 2010 (the effective date of Public Act |
18 | | 96-362) that requires the person to register as a sex |
19 | | offender under that Act, may not knowingly use any computer |
20 | | scrub software on any computer that the sex offender uses; |
21 | | (8) obtain permission of an agent of the Department of |
22 | | Corrections or the Department of Juvenile Justice before
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23 | | leaving the
State of Illinois;
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24 | | (9) obtain permission of an agent of the Department of |
25 | | Corrections or the Department of Juvenile Justice before
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26 | | changing
his or her residence or employment;
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1 | | (10) consent to a search of his or her person, |
2 | | property, or residence
under his or her
control;
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3 | | (11) refrain from the use or possession of narcotics or |
4 | | other controlled
substances in
any form, or both, or any |
5 | | paraphernalia related to those substances and submit
to a
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6 | | urinalysis test as instructed by a parole agent of the |
7 | | Department of
Corrections or an aftercare specialist of the |
8 | | Department of Juvenile Justice;
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9 | | (12) not frequent places where controlled substances |
10 | | are illegally sold,
used,
distributed, or administered;
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11 | | (13) not knowingly associate with other persons on |
12 | | parole, aftercare release, or mandatory
supervised
release |
13 | | without prior written permission of his or her parole agent |
14 | | or aftercare specialist and not
associate with
persons who |
15 | | are members of an organized gang as that term is defined in |
16 | | the
Illinois
Streetgang Terrorism Omnibus Prevention Act;
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17 | | (14) provide true and accurate information, as it |
18 | | relates to his or her
adjustment in the
community while on |
19 | | parole, aftercare release, or mandatory supervised release |
20 | | or to his or her
conduct
while incarcerated, in response to |
21 | | inquiries by his or her parole agent or of
the
Department |
22 | | of Corrections or by his or her aftercare specialist or of |
23 | | the Department of Juvenile Justice;
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24 | | (15) follow any specific instructions provided by the |
25 | | parole agent or aftercare specialist that
are consistent
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26 | | with furthering conditions set and approved by the Prisoner |
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1 | | Review Board or by
law,
exclusive of placement on |
2 | | electronic detention, to achieve the goals and
objectives |
3 | | of his
or her parole, aftercare release, or mandatory |
4 | | supervised release or to protect the public. These
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5 | | instructions by the parole agent or aftercare specialist |
6 | | may be modified at any time, as the agent or aftercare |
7 | | specialist
deems
appropriate;
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8 | | (16) if convicted of a sex offense as defined in |
9 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
10 | | offender is a parent or guardian of the person under 18 |
11 | | years of age present in the home and no non-familial minors |
12 | | are present, not participate in a holiday event involving |
13 | | children under 18 years of age, such as distributing candy |
14 | | or other items to children on Halloween, wearing a Santa |
15 | | Claus costume on or preceding Christmas, being employed as |
16 | | a department store Santa Claus, or wearing an Easter Bunny |
17 | | costume on or preceding Easter; |
18 | | (17) if convicted of a violation of an order of |
19 | | protection under Section 12-3.4 or Section 12-30 of the |
20 | | Criminal Code of 1961 or the Criminal Code of 2012, be |
21 | | placed under electronic surveillance as provided in |
22 | | Section 5-8A-7 of this Code; |
23 | | (18) comply with the terms and conditions of an order |
24 | | of protection issued pursuant to the Illinois Domestic |
25 | | Violence Act of 1986; an order of protection issued by the |
26 | | court of another state, tribe, or United States territory; |
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1 | | a no contact order issued pursuant to the Civil No Contact |
2 | | Order Act; or a no contact order issued pursuant to the |
3 | | Stalking No Contact Order Act; and |
4 | | (19) if convicted of a violation of the Methamphetamine |
5 | | Control and Community Protection Act, the Methamphetamine
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6 | | Precursor Control Act, or a methamphetamine related |
7 | | offense, be: |
8 | | (A) prohibited from purchasing, possessing, or |
9 | | having under his or her control any product containing |
10 | | pseudoephedrine unless prescribed by a physician; and |
11 | | (B) prohibited from purchasing, possessing, or |
12 | | having under his or her control any product containing |
13 | | ammonium nitrate ; and . |
14 | | (20) reside within the county where the subject resided |
15 | | immediately prior to his or her commitment to the |
16 | | Department of Corrections. |
17 | | (b) The Board may in addition to other conditions
require |
18 | | that the subject:
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19 | | (1) work or pursue a course of study or vocational |
20 | | training;
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21 | | (2) undergo medical or psychiatric treatment, or |
22 | | treatment
for drug addiction or alcoholism;
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23 | | (3) attend or reside in a facility established for the
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24 | | instruction or residence of persons on probation or parole;
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25 | | (4) support his or her dependents;
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26 | | (5) (blank);
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1 | | (6) (blank);
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2 | | (7) (blank);
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3 | | (7.5) if convicted for an offense committed on or after |
4 | | the effective date of this amendatory Act of the 95th |
5 | | General Assembly that would qualify the accused as a child |
6 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain |
8 | | from communicating with or contacting, by means of the |
9 | | Internet, a person who is related to the accused and whom |
10 | | the accused reasonably believes to be under 18 years of |
11 | | age; for purposes of this paragraph (7.5), "Internet" has |
12 | | the meaning ascribed to it in Section 16-0.1 of the |
13 | | Criminal Code of 2012; and a person is related to the |
14 | | accused if the person is: (i) the spouse, brother, or |
15 | | sister of the accused; (ii) a descendant of the accused; |
16 | | (iii) a first or second cousin of the accused; or (iv) a |
17 | | step-child or adopted child of the accused; |
18 | | (7.6) if convicted for an offense committed on or after |
19 | | June 1, 2009 (the effective date of Public Act 95-983) that |
20 | | would qualify as a sex offense as defined in the Sex |
21 | | Offender Registration Act: |
22 | | (i) not access or use a computer or any other |
23 | | device with Internet capability without the prior |
24 | | written approval of the Department; |
25 | | (ii) submit to periodic unannounced examinations |
26 | | of the offender's computer or any other device with |
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1 | | Internet capability by the offender's supervising |
2 | | agent or aftercare specialist, a law enforcement |
3 | | officer, or assigned computer or information |
4 | | technology specialist, including the retrieval and |
5 | | copying of all data from the computer or device and any |
6 | | internal or external peripherals and removal of such |
7 | | information, equipment, or device to conduct a more |
8 | | thorough inspection; |
9 | | (iii) submit to the installation on the offender's |
10 | | computer or device with Internet capability, at the |
11 | | offender's expense, of one or more hardware or software |
12 | | systems to monitor the Internet use; and |
13 | | (iv) submit to any other appropriate restrictions |
14 | | concerning the offender's use of or access to a |
15 | | computer or any other device with Internet capability |
16 | | imposed by the Board, the Department or the offender's |
17 | | supervising agent or aftercare specialist; and
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18 | | (8) in addition, if a minor:
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19 | | (i) reside with his or her parents or in a foster |
20 | | home;
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21 | | (ii) attend school;
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22 | | (iii) attend a non-residential program for youth; |
23 | | or
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24 | | (iv) contribute to his or her own support at home |
25 | | or in a foster
home.
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26 | | (b-1) In addition to the conditions set forth in |
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1 | | subsections (a) and (b), persons required to register as sex |
2 | | offenders pursuant to the Sex Offender Registration Act, upon |
3 | | release from the custody of the Illinois Department of |
4 | | Corrections or Department of Juvenile Justice, may be required |
5 | | by the Board to comply with the following specific conditions |
6 | | of release: |
7 | | (1) reside only at a Department approved location; |
8 | | (2) comply with all requirements of the Sex Offender |
9 | | Registration Act;
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10 | | (3) notify
third parties of the risks that may be |
11 | | occasioned by his or her criminal record; |
12 | | (4) obtain the approval of an agent of the Department |
13 | | of Corrections or the Department of Juvenile Justice prior |
14 | | to accepting employment or pursuing a course of study or |
15 | | vocational training and notify the Department prior to any |
16 | | change in employment, study, or training; |
17 | | (5) not be employed or participate in any
volunteer |
18 | | activity that involves contact with children, except under |
19 | | circumstances approved in advance and in writing by an |
20 | | agent of the Department of Corrections or the Department of |
21 | | Juvenile Justice; |
22 | | (6) be electronically monitored for a minimum of 12 |
23 | | months from the date of release as determined by the Board;
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24 | | (7) refrain from entering into a designated
geographic |
25 | | area except upon terms approved in advance by an agent of |
26 | | the Department of Corrections or the Department of Juvenile |
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1 | | Justice. The terms may include consideration of the purpose |
2 | | of the entry, the time of day, and others accompanying the |
3 | | person; |
4 | | (8) refrain from having any contact, including
written |
5 | | or oral communications, directly or indirectly, personally |
6 | | or by telephone, letter, or through a third party with |
7 | | certain specified persons including, but not limited to, |
8 | | the victim or the victim's family without the prior written |
9 | | approval of an agent of the Department of Corrections or |
10 | | the Department of Juvenile Justice; |
11 | | (9) refrain from all contact, directly or
indirectly, |
12 | | personally, by telephone, letter, or through a third party, |
13 | | with minor children without prior identification and |
14 | | approval of an agent of the Department of Corrections or |
15 | | the Department of Juvenile Justice; |
16 | | (10) neither possess or have under his or her
control |
17 | | any material that is sexually oriented, sexually |
18 | | stimulating, or that shows male or female sex organs or any |
19 | | pictures depicting children under 18 years of age nude or |
20 | | any written or audio material describing sexual |
21 | | intercourse or that depicts or alludes to sexual activity, |
22 | | including but not limited to visual, auditory, telephonic, |
23 | | or electronic media, or any matter obtained through access |
24 | | to any computer or material linked to computer access use; |
25 | | (11) not patronize any business providing
sexually |
26 | | stimulating or sexually oriented entertainment nor utilize |
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1 | | "900" or adult telephone numbers; |
2 | | (12) not reside near, visit, or be in or about
parks, |
3 | | schools, day care centers, swimming pools, beaches, |
4 | | theaters, or any other places where minor children |
5 | | congregate without advance approval of an agent of the |
6 | | Department of Corrections or the Department of Juvenile |
7 | | Justice and immediately report any incidental contact with |
8 | | minor children to the Department; |
9 | | (13) not possess or have under his or her control
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10 | | certain specified items of contraband related to the |
11 | | incidence of sexually offending as determined by an agent |
12 | | of the Department of Corrections or the Department of |
13 | | Juvenile Justice; |
14 | | (14) may be required to provide a written daily log of |
15 | | activities
if directed by an agent of the Department of |
16 | | Corrections or the Department of Juvenile Justice; |
17 | | (15) comply with all other special conditions
that the |
18 | | Department may impose that restrict the person from |
19 | | high-risk situations and limit access to potential |
20 | | victims; |
21 | | (16) take an annual polygraph exam; |
22 | | (17) maintain a log of his or her travel; or |
23 | | (18) obtain prior approval of his or her parole officer |
24 | | or aftercare specialist before driving alone in a motor |
25 | | vehicle.
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26 | | (c) The conditions under which the parole, aftercare |
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1 | | release, or mandatory
supervised release is to be served shall |
2 | | be communicated to
the person in writing prior to his or her |
3 | | release, and he or she shall
sign the same before release. A |
4 | | signed copy of these conditions,
including a copy of an order |
5 | | of protection where one had been issued by the
criminal court, |
6 | | shall be retained by the person and another copy forwarded to
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7 | | the officer or aftercare specialist in charge of his or her |
8 | | supervision.
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9 | | (d) After a hearing under Section 3-3-9, the Prisoner
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10 | | Review Board may modify or enlarge the conditions of parole, |
11 | | aftercare release,
or mandatory supervised release.
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12 | | (e) The Department shall inform all offenders committed to
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13 | | the Department of the optional services available to them
upon |
14 | | release and shall assist inmates in availing themselves
of such |
15 | | optional services upon their release on a voluntary
basis. |
16 | | (f) (Blank).
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17 | | (Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, |
18 | | eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; |
19 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
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20 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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21 | | Sec. 3-14-1. Release from the Institution.
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22 | | (a) Upon release of a person on parole, mandatory release, |
23 | | final
discharge or pardon the Department shall return all |
24 | | property held for
him, provide him with suitable clothing and |
25 | | procure necessary
transportation for him to his designated |
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1 | | place of residence and
employment. Upon release of a person on |
2 | | parole or mandatory supervised release, the Department shall |
3 | | release the person only to an address located in the county |
4 | | where the subject resided immediately prior to his or her |
5 | | commitment to the Department of Corrections. It may provide |
6 | | such person with a grant of money for travel and
expenses which |
7 | | may be paid in installments. The amount of the money grant
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8 | | shall be determined by the Department.
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9 | | (a-1) The Department shall, before a wrongfully imprisoned |
10 | | person, as defined in Section 3-1-2 of this Code, is discharged |
11 | | from the Department, provide him or her with any documents |
12 | | necessary after discharge, including an identification card |
13 | | under subsection (e) of this Section. |
14 | | (a-2) The Department of Corrections may establish and |
15 | | maintain, in any institution
it administers, revolving funds to |
16 | | be known as "Travel and Allowances Revolving
Funds". These |
17 | | revolving funds shall be used for advancing travel and expense
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18 | | allowances to committed, paroled, and discharged prisoners. |
19 | | The moneys
paid into such revolving funds shall be from |
20 | | appropriations to the Department
for Committed, Paroled, and |
21 | | Discharged Prisoners.
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22 | | (b) (Blank).
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23 | | (c) Except as otherwise provided in this Code, the |
24 | | Department shall
establish procedures to provide written |
25 | | notification of any release of any
person who has been |
26 | | convicted of a felony to the State's Attorney
and sheriff of |
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1 | | the county from which the offender was committed, and the
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2 | | State's Attorney and sheriff of the county into which the |
3 | | offender is to be
paroled or released. Except as otherwise |
4 | | provided in this Code, the
Department shall establish |
5 | | procedures to provide written notification to
the proper law |
6 | | enforcement agency for any municipality of any release of any
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7 | | person who has been convicted of a felony if the arrest of the |
8 | | offender or the
commission of the offense took place in the |
9 | | municipality, if the offender is to
be paroled or released into |
10 | | the municipality, or if the offender resided in the
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11 | | municipality at the time of the commission of the offense. If a |
12 | | person
convicted of a felony who is in the custody of the |
13 | | Department of Corrections or
on parole or mandatory supervised |
14 | | release informs the Department that he or she
has resided, |
15 | | resides, or will
reside at an address that is a housing |
16 | | facility owned, managed,
operated, or leased by a public |
17 | | housing agency, the Department must send
written notification |
18 | | of that information to the public housing agency that
owns, |
19 | | manages, operates, or leases the housing facility. The written
|
20 | | notification shall, when possible, be given at least 14 days |
21 | | before release of
the person from custody, or as soon |
22 | | thereafter as possible. The written notification shall be |
23 | | provided electronically if the State's Attorney, sheriff, |
24 | | proper law enforcement agency, or public housing agency has |
25 | | provided the Department with an accurate and up to date email |
26 | | address.
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1 | | (c-1) (Blank). |
2 | | (c-2) The Department shall establish procedures to provide |
3 | | notice to the Department of State Police of the release or |
4 | | discharge of persons convicted of violations of the |
5 | | Methamphetamine Control and Community
Protection Act or a |
6 | | violation of the Methamphetamine Precursor Control Act. The |
7 | | Department of State Police shall make this information |
8 | | available to local, State, or federal law enforcement agencies |
9 | | upon request. |
10 | | (c-5) If a person on parole or mandatory supervised release |
11 | | becomes a resident of a facility licensed or regulated by the |
12 | | Department of Public Health, the Illinois Department of Public |
13 | | Aid, or the Illinois Department of Human Services, the |
14 | | Department of Corrections shall provide copies of the following |
15 | | information to the appropriate licensing or regulating |
16 | | Department and the licensed or regulated facility where the |
17 | | person becomes a resident: |
18 | | (1) The mittimus and any pre-sentence investigation |
19 | | reports. |
20 | | (2) The social evaluation prepared pursuant to Section |
21 | | 3-8-2. |
22 | | (3) Any pre-release evaluation conducted pursuant to |
23 | | subsection (j) of Section 3-6-2. |
24 | | (4) Reports of disciplinary infractions and |
25 | | dispositions. |
26 | | (5) Any parole plan, including orders issued by the |
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| | HB5510 | - 19 - | LRB098 15271 RLC 50291 b |
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1 | | Prisoner Review Board, and any violation reports and |
2 | | dispositions. |
3 | | (6) The name and contact information for the assigned |
4 | | parole agent and parole supervisor.
|
5 | | This information shall be provided within 3 days of the |
6 | | person becoming a resident of the facility.
|
7 | | (c-10) If a person on parole or mandatory supervised |
8 | | release becomes a resident of a facility licensed or regulated |
9 | | by the Department of Public Health, the Illinois Department of |
10 | | Public Aid, or the Illinois Department of Human Services, the |
11 | | Department of Corrections shall provide written notification |
12 | | of such residence to the following: |
13 | | (1) The Prisoner Review Board. |
14 | | (2) The
chief of police and sheriff in the municipality |
15 | | and county in which the licensed facility is located. |
16 | | The notification shall be provided within 3 days of the |
17 | | person becoming a resident of the facility.
|
18 | | (d) Upon the release of a committed person on parole, |
19 | | mandatory
supervised release, final discharge or pardon, the |
20 | | Department shall provide
such person with information |
21 | | concerning programs and services of the
Illinois Department of |
22 | | Public Health to ascertain whether such person has
been exposed |
23 | | to the human immunodeficiency virus (HIV) or any identified
|
24 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
|
25 | | (e) Upon the release of a committed person on parole, |
26 | | mandatory supervised
release, final discharge, pardon, or who |
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| | HB5510 | - 20 - | LRB098 15271 RLC 50291 b |
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1 | | has been wrongfully imprisoned, the Department shall provide |
2 | | the person
who has met the criteria established by the |
3 | | Department with an identification
card identifying the
person |
4 | | as being on parole, mandatory supervised release, final |
5 | | discharge,
pardon, or wrongfully imprisoned, as the case may |
6 | | be. The Department, in consultation with the Office of
the |
7 | | Secretary of State, shall prescribe the form of the |
8 | | identification card,
which may be similar to the form of the |
9 | | standard Illinois Identification Card.
The Department shall |
10 | | inform the committed person that he or she may present the
|
11 | | identification card to the Office of the Secretary of State |
12 | | upon application
for a standard Illinois Identification Card in |
13 | | accordance with the Illinois
Identification Card Act. The |
14 | | Department shall require the committed person to
pay a $1 fee |
15 | | for the identification card.
|
16 | | For purposes of a committed person
receiving an |
17 | | identification card issued by the Department under this
|
18 | | subsection, the Department shall establish criteria that the
|
19 | | committed person must meet before the card is issued.
It is the |
20 | | sole responsibility of the
committed person requesting the |
21 | | identification card issued by the Department to
meet the |
22 | | established criteria.
The person's failure to
meet the criteria |
23 | | is sufficient reason to deny the committed person the
|
24 | | identification card. An identification card issued by the |
25 | | Department under
this subsection shall be valid for a period of |
26 | | time not to exceed 30 calendar
days from the date the card is |
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1 | | issued.
The Department shall not be held civilly or
criminally |
2 | | liable to anyone because of any act of any person utilizing a |
3 | | card
issued by the Department under this subsection.
|
4 | | The Department shall adopt
rules governing the issuance of |
5 | | identification cards to committed persons being
released on |
6 | | parole, mandatory supervised release, final
discharge, or |
7 | | pardon.
|
8 | | (Source: P.A. 97-560, eff. 1-1-12; 97-813, eff. 7-13-12; |
9 | | 98-267, eff. 1-1-14.)
|