Sen. Bill Cunningham
Filed: 5/1/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 423




2 AMENDMENT NO. ______. Amend Senate Bill 423 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows:

6 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
7 Sec. 3-3-7. Conditions of parole or mandatory supervised 
8release.


9 (a) The conditions of parole or mandatory
supervised 
10release shall be such as the Prisoner Review
Board deems 
11necessary to assist the subject in leading a
law-abiding life. 
12The conditions of every parole and mandatory
supervised 
13release are that the subject:


14  (1) not violate any criminal statute of any 
15 jurisdiction
during the parole or release term;


16  (2) refrain from possessing a firearm or other 
 
 
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1 dangerous
weapon;


2  (3) report to an agent of the Department of 
3 Corrections;


4  (4) permit the agent to visit him or her at his or her 
5 home, employment,
or
elsewhere to the
extent necessary for 
6 the agent to discharge his or her duties;


7  (5) attend or reside in a facility established for the 
8 instruction or
residence
of persons on
parole or mandatory 
9 supervised release;


10  (6) secure permission before visiting or writing a 
11 committed person in an
Illinois Department
of Corrections 
12 facility;


13  (7) report all arrests to an agent of the Department 
14 of Corrections as
soon as
permitted by the
arresting 
15 authority but in no event later than 24 hours after 
16 release from
custody and immediately report service or 
17 notification of an order of protection, a civil no contact 
18 order, or a stalking no contact order to an agent of the 
19 Department of Corrections;

20  (7.5) if convicted of a sex offense as defined in the 
21 Sex Offender
Management Board Act, the individual shall 
22 undergo and successfully complete
sex offender treatment 
23 conducted in conformance with the standards developed by

24 the Sex
Offender Management Board Act by a treatment 
25 provider approved by the Board;


26  (7.6) if convicted of a sex offense as defined in the 
 
 
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1 Sex Offender
Management Board Act, refrain from residing 
2 at the same address or in the same condominium unit or 
3 apartment unit or in the same condominium complex or 
4 apartment complex with another person he or she knows or 
5 reasonably should know is a convicted sex offender or has 
6 been placed on supervision for a sex offense; the 
7 provisions of this paragraph do not apply to a person 
8 convicted of a sex offense who is placed in a Department of 
9 Corrections licensed transitional housing facility for sex 
10 offenders, or is in any facility operated or licensed by 
11 the Department of Children and Family Services or by the 
12 Department of Human Services, or is in any licensed 
13 medical facility;

14  (7.7) if convicted for an offense that would qualify 
15 the accused as a sexual predator under the Sex Offender 
16 Registration Act on or after January 1, 2007 (the 
17 effective date of Public Act 94-988), wear an approved 
18 electronic monitoring device as defined in Section 5-8A-2 
19 for the duration of the person's parole, mandatory 
20 supervised release term, or extended mandatory supervised 
21 release term and if convicted for an offense of criminal 
22 sexual assault, aggravated criminal sexual assault, 
23 predatory criminal sexual assault of a child, criminal 
24 sexual abuse, aggravated criminal sexual abuse, or 
25 ritualized abuse of a child committed on or after August 
26 11, 2009 (the effective date of Public Act 96-236) when 
 
 
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1 the victim was under 18 years of age at the time of the 
2 commission of the offense and the defendant used force or 
3 the threat of force in the commission of the offense wear 
4 an approved electronic monitoring device as defined in 
5 Section 5-8A-2 that has Global Positioning System (GPS) 
6 capability for the duration of the person's parole, 
7 mandatory supervised release term, or extended mandatory 
8 supervised release term;

9  (7.8) if convicted for an offense committed on or 
10 after June 1, 2008 (the effective date of Public Act 
11 95-464) that would qualify the accused as a child sex 
12 offender as defined in Section 11-9.3 or 11-9.4 of the 
13 Criminal Code of 1961 or the Criminal Code of 2012, 
14 refrain from communicating with or contacting, by means of 
15 the Internet, a person who is not related to the accused 
16 and whom the accused reasonably believes to be under 18 
17 years of age; for purposes of this paragraph (7.8), 
18 "Internet" has the meaning ascribed to it in Section 
19 16-0.1 of the Criminal Code of 2012; and a person is not 
20 related to the accused if the person is not: (i) the 
21 spouse, brother, or sister of the accused; (ii) a 
22 descendant of the accused; (iii) a first or second cousin 
23 of the accused; or (iv) a step-child or adopted child of 
24 the accused;

25  (7.9)
if convicted under Section 11-6, 11-20.1, 
26 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 
 
 
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1 or the Criminal Code of 2012, consent to search of 
2 computers, PDAs, cellular phones, and other devices under 
3 his or her control that are capable of accessing the 
4 Internet or storing electronic files, in order to confirm 
5 Internet protocol addresses reported in accordance with 
6 the Sex Offender Registration Act and compliance with 
7 conditions in this Act;

8  (7.10)
if convicted for an offense that would qualify 
9 the accused as a sex offender or sexual predator under the 
10 Sex Offender Registration Act on or after June 1, 2008 
11 (the effective date of Public Act 95-640), not possess 
12 prescription drugs for erectile dysfunction;

13  (7.11) if convicted for an offense under Section 11-6, 
14 11-9.1, 11-14.4 that involves soliciting for a juvenile 
15 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
16 of the Criminal Code of 1961 or the Criminal Code of 2012, 
17 or any attempt to commit any of these offenses, committed 
18 on or after June 1, 2009 (the effective date of Public Act 
19 95-983):
20   (i) not access or use a computer or any other 
21 device with Internet capability without the prior 
22 written approval of the Department;
23   (ii) submit to periodic unannounced examinations 
24 of the offender's computer or any other device with 
25 Internet capability by the offender's supervising 
26 agent, a law enforcement officer, or assigned computer 
 
 
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1 or information technology specialist, including the 
2 retrieval and copying of all data from the computer or 
3 device and any internal or external peripherals and 
4 removal of such information, equipment, or device to 
5 conduct a more thorough inspection;
6   (iii) submit to the installation on the offender's 
7 computer or device with Internet capability, at the 
8 offender's expense, of one or more hardware or 
9 software systems to monitor the Internet use; and
10   (iv) submit to any other appropriate restrictions 
11 concerning the offender's use of or access to a 
12 computer or any other device with Internet capability 
13 imposed by the Board, the Department or the offender's 
14 supervising agent; 
15  (7.12) if convicted of a sex offense as defined in the 
16 Sex Offender
Registration Act committed on or after 
17 January 1, 2010 (the effective date of Public Act 96-262), 
18 refrain from accessing or using a social networking 
19 website as defined in Section 17-0.5 of the Criminal Code 
20 of 2012;

21  (7.13) if convicted of a sex offense as defined in 
22 Section 2 of the Sex Offender Registration Act committed 
23 on or after January 1, 2010 (the effective date of Public 
24 Act 96-362) that requires the person to register as a sex 
25 offender under that Act, may not knowingly use any 
26 computer scrub software on any computer that the sex 
 
 
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1 offender uses; 
2  (8) obtain permission of an agent of the Department of 
3 Corrections before
leaving the
State of Illinois;


4  (9) obtain permission of an agent of the Department of 
5 Corrections before
changing
his or her residence or 
6 employment;


7  (10) consent to a search of his or her person, 
8 property, or residence
under his or her
control;


9  (11) refrain from the use or possession of narcotics 
10 or other controlled
substances in
any form, or both, or 
11 any paraphernalia related to those substances and submit

12 to a
urinalysis test as instructed by a parole agent of the 
13 Department of
Corrections if there is reasonable suspicion 
14 of illicit drug use and the source of the reasonable 
15 suspicion is documented in the Department's case 
16 management system;


17  (12) not knowingly frequent places where controlled 
18 substances are illegally sold,
used,
distributed, or 
19 administered;


20  (13) except when the association described in either 
21 subparagraph (A) or (B) of this paragraph (13) involves 
22 activities related to community programs, worship 
23 services, volunteering, engaging families, or some other 
24 pro-social activity in which there is no evidence of 
25 criminal intent:
26   (A) not knowingly associate with other persons on 
 
 
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1 parole or mandatory
supervised
release without prior 
2 written permission of his or her parole agent; or
3   (B) not knowingly
associate with
persons who are 
4 members of an organized gang as that term is defined in 
5 the
Illinois
Streetgang Terrorism Omnibus Prevention 
6 Act;


7  (14) provide true and accurate information, as it 
8 relates to his or her
adjustment in the
community while on 
9 parole or mandatory supervised release or to his or her

10 conduct
while incarcerated, in response to inquiries by 
11 his or her parole agent or of
the
Department of 
12 Corrections; 

13  (15) follow any specific instructions provided by the 
14 parole agent that
are consistent
with furthering 
15 conditions set and approved by the Prisoner Review Board 
16 or by
law,
exclusive of placement on electronic detention, 
17 to achieve the goals and
objectives of his
or her parole or 
18 mandatory supervised release or to protect the public. 
19 These
instructions by the parole agent may be modified at 
20 any time, as the agent
deems
appropriate;


21  (16) if convicted of a sex offense as defined in 
22 subsection (a-5) of Section 3-1-2 of this Code, unless the 
23 offender is a parent or guardian of the person under 18 
24 years of age present in the home and no non-familial 
25 minors are present, not participate in a holiday event 
26 involving children under 18 years of age, such as 
 
 
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1 distributing candy or other items to children on 
2 Halloween, wearing a Santa Claus costume on or preceding 
3 Christmas, being employed as a department store Santa 
4 Claus, or wearing an Easter Bunny costume on or preceding 
5 Easter;
6  (17) if convicted of a violation of an order of 
7 protection under Section 12-3.4 or Section 12-30 of the 
8 Criminal Code of 1961 or the Criminal Code of 2012, be 
9 placed under electronic surveillance as provided in 
10 Section 5-8A-7 of this Code; 
11  (18) comply with the terms and conditions of an order 
12 of protection issued pursuant to the Illinois Domestic 
13 Violence Act of 1986; an order of protection issued by the 
14 court of another state, tribe, or United States territory; 
15 a no contact order issued pursuant to the Civil No Contact 
16 Order Act; or a no contact order issued pursuant to the 
17 Stalking No Contact Order Act;
18  (19) if convicted of a violation of the 
19 Methamphetamine Control and Community Protection Act, the 
20 Methamphetamine
Precursor Control Act, or a 
21 methamphetamine related offense, be:
22   (A) prohibited from purchasing, possessing, or 
23 having under his or her control any product containing 
24 pseudoephedrine unless prescribed by a physician; and
25   (B) prohibited from purchasing, possessing, or 
26 having under his or her control any product containing 
 
 
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1 ammonium nitrate;
2  (20) if convicted of a hate crime under Section 12-7.1 
3 of the Criminal Code of 2012, perform public or community 
4 service of no less than 200 hours and enroll in an

5 educational program discouraging hate crimes involving the 
6 protected class
identified in subsection (a) of Section 
7 12-7.1 of the Criminal Code of 2012 that gave rise to the 
8 offense the offender committed ordered by the court; and
9  (21) be evaluated by the Department of Corrections 
10 prior to release using a validated risk assessment and be 
11 subject to a corresponding level of supervision. In 
12 accordance with the findings of that evaluation:
13   (A) All subjects found to be at a moderate or high 
14 risk to recidivate, or on parole or mandatory 
15 supervised release for first degree murder, a forcible 
16 felony as defined in Section 2-8 of the Criminal Code 
17 of 2012, any felony that requires registration as a 
18 sex offender under the Sex Offender Registration Act, 
19 or a Class X felony or Class 1 felony that is not a 
20 violation of the Cannabis Control Act, the Illinois 
21 Controlled Substances Act, or the Methamphetamine 
22 Control and Community Protection Act, shall be subject 
23 to high level supervision. The Department shall define 
24 high level supervision based upon evidence-based and 
25 research-based practices. Notwithstanding this 
26 placement on high level supervision, placement of the 
 
 
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1 subject on electronic monitoring or detention shall 
2 not occur unless it is required by law or expressly 
3 ordered or approved by the Prisoner Review Board.
4   (B) All subjects found to be at a low risk to 
5 recidivate shall be subject to low-level supervision, 
6 except for those subjects on parole or mandatory 
7 supervised release for first degree murder, a forcible 
8 felony as defined in Section 2-8 of the Criminal Code 
9 of 2012, any felony that requires registration as a 
10 sex offender under the Sex Offender Registration Act, 
11 or a Class X felony or Class 1 felony that is not a 
12 violation of the Cannabis Control Act, the Illinois 
13 Controlled Substances Act, or the Methamphetamine 
14 Control and Community Protection Act. Low level 
15 supervision shall require the subject to check in with 
16 the supervising officer via phone or other electronic 
17 means. Notwithstanding this placement on low level 
18 supervision, placement of the subject on electronic 
19 monitoring or detention shall not occur unless it is 
20 required by law or expressly ordered or approved by 
21 the Prisoner Review Board. 
22 (b) The Board may after making an individualized 
23assessment pursuant to subsection (a) of Section 3-14-2 in 
24addition to other conditions
require that the subject:


25  (1) work or pursue a course of study or vocational 
26 training;


 
 
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1  (2) undergo medical or psychiatric treatment, or 
2 treatment
for drug addiction or alcoholism;


3  (3) attend or reside in a facility established for the

4 instruction or residence of persons on probation or 
5 parole;


6  (4) support his or her dependents;


7  (5) (blank);


8  (6) (blank);


9  (7) (blank); 

10  (7.5) if convicted for an offense committed on or 
11 after the effective date of this amendatory Act of the 
12 95th General Assembly that would qualify the accused as a 
13 child sex offender as defined in Section 11-9.3 or 11-9.4 
14 of the Criminal Code of 1961 or the Criminal Code of 2012, 
15 refrain from communicating with or contacting, by means of 
16 the Internet, a person who is related to the accused and 
17 whom the accused reasonably believes to be under 18 years 
18 of age; for purposes of this paragraph (7.5), "Internet" 
19 has the meaning ascribed to it in Section 16-0.1 of the 
20 Criminal Code of 2012; and a person is related to the 
21 accused if the person is: (i) the spouse, brother, or 
22 sister of the accused; (ii) a descendant of the accused; 
23 (iii) a first or second cousin of the accused; or (iv) a 
24 step-child or adopted child of the accused;
25  (7.6) if convicted for an offense committed on or 
26 after June 1, 2009 (the effective date of Public Act 
 
 
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1 95-983) that would qualify as a sex offense as defined in 
2 the Sex Offender Registration Act:
3   (i) not access or use a computer or any other 
4 device with Internet capability without the prior 
5 written approval of the Department;
6   (ii) submit to periodic unannounced examinations 
7 of the offender's computer or any other device with 
8 Internet capability by the offender's supervising 
9 agent, a law enforcement officer, or assigned computer 
10 or information technology specialist, including the 
11 retrieval and copying of all data from the computer or 
12 device and any internal or external peripherals and 
13 removal of such information, equipment, or device to 
14 conduct a more thorough inspection;
15   (iii) submit to the installation on the offender's 
16 computer or device with Internet capability, at the 
17 offender's expense, of one or more hardware or 
18 software systems to monitor the Internet use; and
19   (iv) submit to any other appropriate restrictions 
20 concerning the offender's use of or access to a 
21 computer or any other device with Internet capability 
22 imposed by the Board, the Department or the offender's 
23 supervising agent; and

24  (8) (blank). in addition, if a minor:


25   (i) reside with his or her parents or in a foster 
26 home;


 
 
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1   (ii) attend school;


2   (iii) attend a non-residential program for youth; 
3 or


4   (iv) contribute to his or her own support at home 
5 or in a foster
home.


6 (b-1) In addition to the conditions set forth in 
7subsections (a) and (b), persons required to register as sex 
8offenders pursuant to the Sex Offender Registration Act, upon 
9release from the custody of the Illinois Department of 
10Corrections, may be required by the Board to comply with the 
11following specific conditions of release following an 
12individualized assessment pursuant to subsection (a) of 
13Section 3-14-2:
14  (1) reside only at a Department approved location; 
15  (2) comply with all requirements of the Sex Offender 
16 Registration Act;

17  (3) notify
third parties of the risks that may be 
18 occasioned by his or her criminal record;
19  (4) obtain the approval of an agent of the Department 
20 of Corrections prior to accepting employment or pursuing a 
21 course of study or vocational training and notify the 
22 Department prior to any change in employment, study, or 
23 training;
24  (5) not be employed or participate in any
volunteer 
25 activity that involves contact with children, except under 
26 circumstances approved in advance and in writing by an 
 
 
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1 agent of the Department of Corrections;
2  (6) be electronically monitored for a minimum of 12 
3 months from the date of release as determined by the 
4 Board;

5  (7) refrain from entering into a designated
geographic 
6 area except upon terms approved in advance by an agent of 
7 the Department of Corrections. The terms may include 
8 consideration of the purpose of the entry, the time of 
9 day, and others accompanying the person;
10  (8) refrain from having any contact, including
written 
11 or oral communications, directly or indirectly, personally 
12 or by telephone, letter, or through a third party with 
13 certain specified persons including, but not limited to, 
14 the victim or the victim's family without the prior 
15 written approval of an agent of the Department of 
16 Corrections;
17  (9) refrain from all contact, directly or
indirectly, 
18 personally, by telephone, letter, or through a third 
19 party, with minor children without prior identification 
20 and approval of an agent of the Department of Corrections;
21  (10) neither possess or have under his or her
control 
22 any material that is sexually oriented, sexually 
23 stimulating, or that shows male or female sex organs or 
24 any pictures depicting children under 18 years of age nude 
25 or any written or audio material describing sexual 
26 intercourse or that depicts or alludes to sexual activity, 
 
 
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1 including but not limited to visual, auditory, telephonic, 
2 or electronic media, or any matter obtained through access 
3 to any computer or material linked to computer access use;
4  (11) not patronize any business providing
sexually 
5 stimulating or sexually oriented entertainment nor utilize 
6 "900" or adult telephone numbers;
7  (12) not reside near, visit, or be in or about
parks, 
8 schools, day care centers, swimming pools, beaches, 
9 theaters, or any other places where minor children 
10 congregate without advance approval of an agent of the 
11 Department of Corrections and immediately report any 
12 incidental contact with minor children to the Department;
13  (13) not possess or have under his or her control

14 certain specified items of contraband related to the 
15 incidence of sexually offending as determined by an agent 
16 of the Department of Corrections;
17  (14) may be required to provide a written daily log of 
18 activities
if directed by an agent of the Department of 
19 Corrections;
20  (15) comply with all other special conditions
that the 
21 Department may impose that restrict the person from 
22 high-risk situations and limit access to potential 
23 victims;
24  (16) take an annual polygraph exam;
25  (17) maintain a log of his or her travel; or
26  (18) obtain prior approval of his or her parole 
 
 
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1 officer before driving alone in a motor vehicle.

2 (c) The conditions under which the parole or mandatory

3supervised release is to be served shall be communicated to

4the person in writing prior to his or her release, and he or 
5she shall
sign the same before release. A signed copy of these 
6conditions,
including a copy of an order of protection where 
7one had been issued by the
criminal court, shall be retained by 
8the person and another copy forwarded to
the officer in charge 
9of his or her supervision.


10 (d) After a hearing under Section 3-3-9, the Prisoner

11Review Board may modify or enlarge the conditions of parole
or 
12mandatory supervised release.


13 (e) The Department shall inform all offenders committed to

14the Department of the optional services available to them
upon 
15release and shall assist inmates in availing themselves
of 
16such optional services upon their release on a voluntary

17basis.
18 (f) (Blank).


19(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 
20100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)



21 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)


22 Sec. 3-3-8. Length of parole and mandatory supervised

23release; discharge.
24 (a) The length of parole
for a person sentenced under the 
25law in effect prior to
the effective date of this amendatory 
 
 
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1Act of 1977 and the
length of mandatory supervised release for 
2those sentenced
under the law in effect on and after such 
3effective date
shall be as set out in Section 5-8-1 unless 
4sooner terminated
under paragraph (b) of this Section.

5 (b) The Prisoner Review Board may enter an order
releasing 
6and discharging one from parole or mandatory
supervised 
7release, and his or her commitment to the Department,
when it 
8determines that he or she is likely to remain at liberty

9without committing another offense.

10 (b-1) Provided that the subject is in compliance with the 
11terms and conditions of his or her parole or mandatory 
12supervised release, the Prisoner Review Board shall may reduce 
13the period of a parolee or releasee's parole or mandatory 
14supervised release by 90 days upon the parolee or releasee 
15receiving a high school diploma, associate's degree, 
16bachelor's degree, career certificate, or vocational technical 
17certification or upon passage of high school equivalency 
18testing during the period of his or her parole or mandatory 
19supervised release. A parolee or releasee shall provide 
20documentation from the educational institution or the source 
21of the qualifying educational or vocational credential to 
22their supervising officer for verification. Each This 
23reduction in the period of a subject's term of parole or 
24mandatory supervised release shall be available only to 
25subjects who have not previously earned the relevant 
26credential for which they are receiving the reduction a high 
 
 
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1school diploma or who have not previously passed high school 
2equivalency testing. As used in this Section, "career 
3certificate" means a certificate awarded by an institution for 
4satisfactory completion of a prescribed curriculum that is 
5intended to prepare an individual for employment in a specific 
6field. 
7 (b-2) The Prisoner Review Board may release a low-risk and 
8need subject person from mandatory supervised release as 
9determined by an appropriate evidence-based risk and need 
10assessment. 
11 (c) The order of discharge shall become effective upon 
12entry of the
order of the Board. The Board shall notify the 
13clerk of the committing
court of the order. Upon receipt of 
14such copy, the clerk shall make an
entry on the record judgment 
15that the sentence or commitment has been
satisfied pursuant to 
16the order.

17 (d) Rights of the person discharged under this
Section 
18shall be restored under Section 5-5-5.

19 (e) Upon a denial of early discharge under this Section, 
20the Prisoner Review Board shall provide the person on parole 
21or mandatory supervised release a list of steps or 
22requirements that the person must complete or meet to be 
23granted an early discharge at a subsequent review and share 
24the process for seeking a subsequent early discharge review 
25under this subsection. Upon the completion of such steps or 
26requirements, the person on parole or mandatory supervised 
 
 
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1release may petition the Prisoner Review Board to grant them 
2an early discharge review. Within no more than 30 days of a 
3petition under this subsection, the Prisoner Review Board 
4shall review the petition and make a determination. 
5(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, 
6eff. 1-1-18.)





7 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)


8 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised

9Release and Release by Statute.

10 (a) The Department shall retain custody of all persons 
11placed on
parole or mandatory supervised release or released 
12pursuant to Section
3-3-10 of this Code and shall supervise 
13such persons during
their parole or release period in accord 
14with the conditions set by the
Prisoner Review Board. When 
15setting conditions, the Prisoner Review Board shall make an 
16individualized assessment as to what conditions are 
17appropriate based on the risk and needs assessment, program 
18participation and completion, assignment history while 
19incarcerated, and behavior history during the period of the 
20incarceration and involve only such deprivations of liberty or 
21property as are reasonably necessary to protect the public 
22from the person's conduct in the underlying conviction or 
23violation. In determining conditions, the Prisoner Review 
24Board shall also consider the reasonableness of imposing 
25additional conditions on the person and the extent to which 
 
 
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1the conditions impact the person's work, education, community 
2service, financial, and family caregiving obligations. Such 
3conditions shall include referral to an
alcohol or drug abuse 
4treatment program, as appropriate, if such person has

5previously been identified as having an alcohol or drug abuse 
6problem.
Such conditions may include that the person use an 
7approved electronic
monitoring device subject to Article 8A of 
8Chapter V.

9 (b) The Department shall assign personnel to assist 
10persons eligible
for parole in preparing a parole plan. Such 
11Department personnel shall
make a report of their efforts and 
12findings to the Prisoner Review
Board prior to its 
13consideration of the case of such eligible person.

14 (c) A copy of the conditions of his parole or release shall 
15be
signed by the parolee or releasee and given to him and to 
16his
supervising officer who shall report on his progress under 
17the rules and
regulations of the Prisoner Review Board. The 
18supervising officer
shall report violations to the Prisoner 
19Review Board and shall have
the full power of peace officers in 
20the arrest and retaking of any
parolees or releasees or the 
21officer may request the Department to issue
a warrant for the 
22arrest of any parolee or releasee who has allegedly
violated 
23his parole or release conditions.
24 (c-1) The supervising officer shall request the Department 
25to issue a parole violation warrant, and the Department shall 
26issue a parole violation warrant, under the following 
 
 
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1circumstances:
2  (1) if the parolee or releasee
commits an act that 
3 constitutes a felony using a firearm or knife,
4  (2) if applicable, fails to comply with the 
5 requirements of the Sex Offender Registration Act,
6  (3) if the parolee or releasee is charged with:
7   (A) a felony offense of domestic battery under 
8 Section 12-3.2 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012,
10   (B) aggravated domestic battery under Section 
11 12-3.3 of the Criminal Code of 1961 or the Criminal 
12 Code of 2012,
13   (C) stalking under Section 12-7.3 of the Criminal 
14 Code of 1961 or the Criminal Code of 2012,
15   (D) aggravated stalking under Section 12-7.4 of 
16 the Criminal Code of 1961 or the Criminal Code of 2012,
17   (E) violation of an order of protection under 
18 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
19 the Criminal Code of 2012, or
20   (F) any offense that would require registration as 
21 a sex offender under the Sex Offender Registration 
22 Act, or 
23  (4) if the parolee or releasee
is on parole or 
24 mandatory supervised release for a murder, a Class X 
25 felony or a Class 1 felony violation of the Criminal Code 
26 of 1961 or the Criminal Code of 2012, or any felony that 
 
 
10300SB0423sam001- 23 -LRB103 02875 RLC 61159 a


1 requires registration as a sex offender under the Sex 
2 Offender Registration Act and commits an act that 
3 constitutes first degree murder, a Class X felony, a Class 
4 1 felony, a Class 2 felony, or a Class 3 felony. 
5  A
sheriff or other peace officer may detain an alleged 
6parole or release
violator until a warrant for his return to 
7the Department can be issued.
The parolee or releasee may be 
8delivered to any secure place until he can
be transported to 
9the Department. The officer or the Department shall file a 
10violation report with notice of charges with the Prisoner 
11Review Board. 

12 (d) The supervising officer shall regularly advise and 
13consult with
the parolee or releasee, assist him in adjusting 
14to community life,
inform him of the restoration of his rights 
15on successful completion of
sentence under Section 5-5-5, and 
16provide the parolee or releasee with an electronic copy of the 
17Department of Corrections system of graduated responses as set 
18forth under subparagraph (D) of paragraph (1) of subsection 
19(b) of Section 10 of the Illinois Crime Reduction Act of 2009 
20and any sanctions matrix based on that system. If the parolee 
21or releasee has been convicted of a sex offense as defined in 
22the Sex Offender
Management Board Act, the supervising officer 
23shall periodically, but not less than once a month, verify 
24that the parolee or releasee is in compliance with paragraph 
25(7.6) of subsection (a) of Section 3-3-7.


26 (d-1) At least once every 3 months, the supervising 
 
 
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1officer of a parolee or releasee shall review the case of the 
2parolee or releasee to assess the parolee's or releasee's 
3progress and suitability for early discharge under subsection 
4(b) of Section 3-3-8 and provide a recommendation for either 
5early discharge or the continuation of parole or mandatory 
6supervised release as previously ordered. The recommendation 
7and the rationale for the recommendation shall be noted in the 
8Department's case management system. Within 15 days of 
9receiving the supervising officer's recommendation, the 
10Department shall provide a copy of the final recommendation, 
11in writing or electronically, to the Prisoner Review Board and 
12to the parolee or releasee. If an early discharge 
13recommendation was not provided, the supervising officer shall 
14share the list of steps or requirements that the person must 
15complete or meet to be granted an early discharge 
16recommendation at a subsequent review under agency guidelines. 
17The Department shall develop guidelines and policies to 
18support the regular review of parolees and releasees for early 
19discharge consideration and the timely notification of the 
20Prisoner Review Board when early discharge is recommended. 
21 (d-2) Supervising officers shall schedule meetings, which 
22are required under paragraph (3) of subsection (a) of Section 
233-3-7 as a condition of parole or mandatory supervised 
24release, at such times and locations that take into 
25consideration the medical needs, caregiving obligations, and 
26work schedule of a parolee or releasee. 
 
 
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1 (d-3) To comply with the provisions of subsection (d-2), 
2in lieu of requiring the parolee or releasee to appear in 
3person for the required reporting or meetings, supervising 
4officers may utilize technology, including cellular and other 
5electronic communication devices or platforms, that allows for 
6communication between the supervised individual and the 
7supervising officer. 
8 (e) Supervising officers shall receive specialized 
9training in the
special needs of female releasees or parolees 
10including the family
reunification process.

11 (f) The supervising officer shall keep such records as the

12Prisoner Review Board or Department may require. All records 
13shall be
entered in the master file of the individual.

14(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; 
1597-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)


16 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
17 Sec. 5-6-3. Conditions of probation and of conditional 
18discharge.

19 (a) The conditions of probation and of conditional 
20discharge shall be
that the person:


21  (1) not violate any criminal statute of any 
22 jurisdiction;


23  (2) report to or appear in person before such person 
24 or agency as
directed by the court. To comply with the 
25 provisions of this paragraph (2), in lieu of requiring the 
 
 
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1 person on probation or conditional discharge to appear in 
2 person for the required reporting or meetings, the officer 
3 may utilize technology, including cellular and other 
4 electronic communication devices or platforms, that allow 
5 for communication between the supervised person and the 
6 officer in accordance with standards and guidelines 
7 established by the Administrative Office of the Illinois 
8 Courts;


9  (3) refrain from possessing a firearm or other 
10 dangerous weapon where the offense is a felony or, if a 
11 misdemeanor, the offense involved the intentional or 
12 knowing infliction of bodily harm or threat of bodily 
13 harm;


14  (4) not leave the State without the consent of the 
15 court or, in
circumstances in which the reason for the 
16 absence is of such an emergency
nature that prior consent 
17 by the court is not possible, without the prior

18 notification and approval of the person's probation

19 officer. Transfer of a person's probation or conditional 
20 discharge
supervision to another state is subject to 
21 acceptance by the other state
pursuant to the Interstate 
22 Compact for Adult Offender Supervision;


23  (5) permit the probation officer to visit
him at his 
24 home or elsewhere
to the extent necessary to discharge his 
25 duties;


26  (6) perform no less than 30 hours of community service 
 
 
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1 and not more than
120 hours of community service, if 
2 community service is available in the
jurisdiction and is 
3 funded and approved by the county board where the offense

4 was committed, where the offense was related to or in 
5 furtherance of the
criminal activities of an organized 
6 gang and was motivated by the offender's
membership in or 
7 allegiance to an organized gang. The community service 
8 shall
include, but not be limited to, the cleanup and 
9 repair of any damage caused by
a violation of Section 
10 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
11 2012 and similar damage
to property located within the 
12 municipality or county in which the violation
occurred. 
13 When possible and reasonable, the community service should 
14 be
performed in the offender's neighborhood. For purposes 
15 of this Section,
"organized gang" has the meaning ascribed 
16 to it in Section 10 of the Illinois
Streetgang Terrorism 
17 Omnibus Prevention Act. The court may give credit toward 
18 the fulfillment of community service hours for 
19 participation in activities and treatment as determined by 
20 court services;


21  (7) if he or she is at least 17 years of age and has 
22 been sentenced to
probation or conditional discharge for a 
23 misdemeanor or felony in a county of
3,000,000 or more 
24 inhabitants and has not been previously convicted of a

25 misdemeanor or felony, may be required by the sentencing 
26 court to attend
educational courses designed to prepare 
 
 
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1 the defendant for a high school diploma
and to work toward 
2 a high school diploma or to work toward passing high 
3 school equivalency testing or to work toward
completing a 
4 vocational training program approved by the court. The 
5 person on
probation or conditional discharge must attend a 
6 public institution of
education to obtain the educational 
7 or vocational training required by this paragraph
(7). The 
8 court shall revoke the probation or conditional discharge 
9 of a
person who willfully fails to comply with this 
10 paragraph (7). The person on
probation or conditional 
11 discharge shall be required to pay for the cost of the

12 educational courses or high school equivalency testing if 
13 a fee is charged for those courses or testing. The court 
14 shall resentence the offender whose probation or 
15 conditional
discharge has been revoked as provided in 
16 Section 5-6-4. This paragraph (7) does
not apply to a 
17 person who has a high school diploma or has successfully 
18 passed high school equivalency testing. This paragraph (7) 
19 does not apply to a person who is determined by
the court 
20 to be a person with a developmental disability or 
21 otherwise mentally incapable of
completing the educational 
22 or vocational program;


23  (8) if convicted of possession of a substance 
24 prohibited
by the Cannabis Control Act, the Illinois 
25 Controlled Substances Act, or the Methamphetamine Control 
26 and Community Protection Act
after a previous conviction 
 
 
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1 or disposition of supervision for possession of a

2 substance prohibited by the Cannabis Control Act or 
3 Illinois Controlled
Substances Act or after a sentence of 
4 probation under Section 10 of the
Cannabis
Control Act, 
5 Section 410 of the Illinois Controlled Substances Act, or 
6 Section 70 of the Methamphetamine Control and Community 
7 Protection Act and upon a
finding by the court that the 
8 person is addicted, undergo treatment at a
substance abuse 
9 program approved by the court;


10  (8.5) if convicted of a felony sex offense as defined 
11 in the Sex
Offender
Management Board Act, the person shall 
12 undergo and successfully complete sex
offender treatment 
13 by a treatment provider approved by the Board and 
14 conducted
in conformance with the standards developed 
15 under the Sex
Offender Management Board Act;

16  (8.6) if convicted of a sex offense as defined in the 
17 Sex Offender Management Board Act, refrain from residing 
18 at the same address or in the same condominium unit or 
19 apartment unit or in the same condominium complex or 
20 apartment complex with another person he or she knows or 
21 reasonably should know is a convicted sex offender or has 
22 been placed on supervision for a sex offense; the 
23 provisions of this paragraph do not apply to a person 
24 convicted of a sex offense who is placed in a Department of 
25 Corrections licensed transitional housing facility for sex 
26 offenders;
 
 
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1  (8.7) if convicted for an offense committed on or 
2 after June 1, 2008 (the effective date of Public Act 
3 95-464) that would qualify the accused as a child sex 
4 offender as defined in Section 11-9.3 or 11-9.4 of the 
5 Criminal Code of 1961 or the Criminal Code of 2012, 
6 refrain from communicating with or contacting, by means of 
7 the Internet, a person who is not related to the accused 
8 and whom the accused reasonably believes to be under 18 
9 years of age; for purposes of this paragraph (8.7), 
10 "Internet" has the meaning ascribed to it in Section 
11 16-0.1 of the Criminal Code of 2012; and a person is not 
12 related to the accused if the person is not: (i) the 
13 spouse, brother, or sister of the accused; (ii) a 
14 descendant of the accused; (iii) a first or second cousin 
15 of the accused; or (iv) a step-child or adopted child of 
16 the accused;
17  (8.8) if convicted for an offense under Section 11-6, 
18 11-9.1, 11-14.4 that involves soliciting for a juvenile 
19 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
20 of the Criminal Code of 1961 or the Criminal Code of 2012, 
21 or any attempt to commit any of these offenses, committed 
22 on or after June 1, 2009 (the effective date of Public Act 
23 95-983):
24   (i) not access or use a computer or any other 
25 device with Internet capability without the prior 
26 written approval of the offender's probation officer, 
 
 
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1 except in connection with the offender's employment or 
2 search for employment with the prior approval of the 
3 offender's probation officer;
4   (ii) submit to periodic unannounced examinations 
5 of the offender's computer or any other device with 
6 Internet capability by the offender's probation 
7 officer, a law enforcement officer, or assigned 
8 computer or information technology specialist, 
9 including the retrieval and copying of all data from 
10 the computer or device and any internal or external 
11 peripherals and removal of such information, 
12 equipment, or device to conduct a more thorough 
13 inspection;
14   (iii) submit to the installation on the offender's 
15 computer or device with Internet capability, at the 
16 offender's expense, of one or more hardware or 
17 software systems to monitor the Internet use; and
18   (iv) submit to any other appropriate restrictions 
19 concerning the offender's use of or access to a 
20 computer or any other device with Internet capability 
21 imposed by the offender's probation officer; 
22  (8.9) if convicted of a sex offense as defined in the 
23 Sex Offender
Registration Act committed on or after 
24 January 1, 2010 (the effective date of Public Act 96-262), 
25 refrain from accessing or using a social networking 
26 website as defined in Section 17-0.5 of the Criminal Code 
 
 
10300SB0423sam001- 32 -LRB103 02875 RLC 61159 a


1 of 2012;

2  (9) if convicted of a felony or of any misdemeanor 
3 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
4 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
5 2012 that was determined, pursuant to Section 112A-11.1 of 
6 the Code of Criminal Procedure of 1963, to trigger the 
7 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
8 at a time and place
designated by the court, his or her 
9 Firearm
Owner's Identification Card and
any and all 
10 firearms in
his or her possession. The Court shall return 
11 to the Illinois State Police Firearm Owner's 
12 Identification Card Office the person's Firearm Owner's 
13 Identification Card;


14  (10) if convicted of a sex offense as defined in 
15 subsection (a-5) of Section 3-1-2 of this Code, unless the 
16 offender is a parent or guardian of the person under 18 
17 years of age present in the home and no non-familial 
18 minors are present, not participate in a holiday event 
19 involving children under 18 years of age, such as 
20 distributing candy or other items to children on 
21 Halloween, wearing a Santa Claus costume on or preceding 
22 Christmas, being employed as a department store Santa 
23 Claus, or wearing an Easter Bunny costume on or preceding 
24 Easter; 
25  (11) if convicted of a sex offense as defined in 
26 Section 2 of the Sex Offender Registration Act committed 
 
 
10300SB0423sam001- 33 -LRB103 02875 RLC 61159 a


1 on or after January 1, 2010 (the effective date of Public 
2 Act 96-362) that requires the person to register as a sex 
3 offender under that Act, may not knowingly use any 
4 computer scrub software on any computer that the sex 
5 offender uses; 
6  (12) if convicted of a violation of the 
7 Methamphetamine Control and Community Protection Act, the 
8 Methamphetamine
Precursor Control Act, or a 
9 methamphetamine related offense:
10   (A) prohibited from purchasing, possessing, or 
11 having under his or her control any product containing 
12 pseudoephedrine unless prescribed by a physician; and
13   (B) prohibited from purchasing, possessing, or 
14 having under his or her control any product containing 
15 ammonium nitrate; and
16  (13) if convicted of a hate crime involving the 
17 protected class identified in subsection (a) of Section 
18 12-7.1 of the Criminal Code of 2012 that gave rise to the 
19 offense the offender committed, perform public or 
20 community service of no less than 200 hours and enroll in 
21 an educational program discouraging hate crimes that 
22 includes racial, ethnic, and cultural sensitivity training 
23 ordered by the court. 
24 (b) The Court may in addition to other reasonable 
25conditions relating to the
nature of the offense or the 
26rehabilitation of the defendant as determined for
each 
 
 
10300SB0423sam001- 34 -LRB103 02875 RLC 61159 a


1defendant in the proper discretion of the Court require that 
2the person:


3  (1) serve a term of periodic imprisonment under 
4 Article 7 for a
period not to exceed that specified in 
5 paragraph (d) of Section 5-7-1;


6  (2) pay a fine and costs;


7  (3) work or pursue a course of study or vocational 
8 training;


9  (4) undergo medical, psychological or psychiatric 
10 treatment; or treatment
for drug addiction or alcoholism;


11  (5) attend or reside in a facility established for the 
12 instruction
or residence of defendants on probation;


13  (6) support his dependents;


14  (7) and in addition, if a minor:


15   (i) reside with his parents or in a foster home;


16   (ii) attend school;


17   (iii) attend a non-residential program for youth;


18   (iv) contribute to his own support at home or in a 
19 foster home;


20   (v) with the consent of the superintendent of the

21 facility, attend an educational program at a facility 
22 other than the school
in which the
offense was 
23 committed if he
or she is convicted of a crime of 
24 violence as
defined in
Section 2 of the Crime Victims 
25 Compensation Act committed in a school, on the
real

26 property
comprising a school, or within 1,000 feet of 
 
 
10300SB0423sam001- 35 -LRB103 02875 RLC 61159 a


1 the real property comprising a
school;


2  (8) make restitution as provided in Section 5-5-6 of 
3 this Code;


4  (9) perform some reasonable public or community 
5 service;


6  (10) serve a term of home confinement. In addition to 
7 any other
applicable condition of probation or conditional 
8 discharge, the
conditions of home confinement shall be 
9 that the offender:


10   (i) remain within the interior premises of the 
11 place designated for
his confinement during the hours 
12 designated by the court;


13   (ii) admit any person or agent designated by the 
14 court into the
offender's place of confinement at any 
15 time for purposes of verifying
the offender's 
16 compliance with the conditions of his confinement; and


17   (iii) if further deemed necessary by the court or 
18 the
Probation or
Court Services Department, be placed 
19 on an approved
electronic monitoring device, subject 
20 to Article 8A of Chapter V;


21   (iv) for persons convicted of any alcohol, 
22 cannabis or controlled
substance violation who are 
23 placed on an approved monitoring device as a
condition 
24 of probation or conditional discharge, the court shall 
25 impose a
reasonable fee for each day of the use of the 
26 device, as established by the
county board in 
 
 
10300SB0423sam001- 36 -LRB103 02875 RLC 61159 a


1 subsection (g) of this Section, unless after 
2 determining the
inability of the offender to pay the 
3 fee, the court assesses a lesser fee or no
fee as the 
4 case may be. This fee shall be imposed in addition to 
5 the fees
imposed under subsections (g) and (i) of this 
6 Section. The fee shall be
collected by the clerk of the 
7 circuit court, except as provided in an administrative 
8 order of the Chief Judge of the circuit court. The 
9 clerk of the circuit
court shall pay all monies 
10 collected from this fee to the county treasurer
for 
11 deposit in the substance abuse services fund under 
12 Section 5-1086.1 of
the Counties Code, except as 
13 provided in an administrative order of the Chief Judge 
14 of the circuit court.
15   The Chief Judge of the circuit court of the county 
16 may by administrative order establish a program for 
17 electronic monitoring of offenders, in which a vendor 
18 supplies and monitors the operation of the electronic 
19 monitoring device, and collects the fees on behalf of 
20 the county. The program shall include provisions for 
21 indigent offenders and the collection of unpaid fees. 
22 The program shall not unduly burden the offender and 
23 shall be subject to review by the Chief Judge.
24   The Chief Judge of the circuit court may suspend 
25 any additional charges or fees for late payment, 
26 interest, or damage to any device; and


 
 
10300SB0423sam001- 37 -LRB103 02875 RLC 61159 a


1   (v) for persons convicted of offenses other than 
2 those referenced in
clause (iv) above and who are 
3 placed on an approved monitoring device as a
condition 
4 of probation or conditional discharge, the court shall 
5 impose
a reasonable fee for each day of the use of the 
6 device, as established by the
county board in 
7 subsection (g) of this Section, unless after 
8 determining the
inability of the defendant to pay the 
9 fee, the court assesses a lesser fee or
no fee as the 
10 case may be. This fee shall be imposed in addition to 
11 the fees
imposed under subsections (g) and (i) of this 
12 Section. The fee
shall be collected by the clerk of the 
13 circuit court, except as provided in an administrative 
14 order of the Chief Judge of the circuit court. The 
15 clerk of the circuit
court shall pay all monies 
16 collected from this fee
to the county treasurer who 
17 shall use the monies collected to defray the
costs of 
18 corrections. The county treasurer shall deposit the 
19 fee
collected in the probation and court services 
20 fund.
The Chief Judge of the circuit court of the 
21 county may by administrative order establish a program 
22 for electronic monitoring of offenders, in which a 
23 vendor supplies and monitors the operation of the 
24 electronic monitoring device, and collects the fees on 
25 behalf of the county. The program shall include 
26 provisions for indigent offenders and the collection 
 
 
10300SB0423sam001- 38 -LRB103 02875 RLC 61159 a


1 of unpaid fees. The program shall not unduly burden 
2 the offender and shall be subject to review by the 
3 Chief Judge. 

4   The Chief Judge of the circuit court may suspend 
5 any additional charges or fees for late payment, 
6 interest, or damage to any device. 
7  (11) comply with the terms and conditions of an order 
8 of protection issued
by the court pursuant to the Illinois 
9 Domestic Violence Act of 1986,
as now or hereafter 
10 amended, or an order of protection issued by the court of

11 another state, tribe, or United States territory. A copy 
12 of the order of
protection shall be
transmitted to the 
13 probation officer or agency
having responsibility for the 
14 case;


15  (12) reimburse any "local anti-crime program" as 
16 defined in Section 7
of the Anti-Crime Advisory Council 
17 Act for any reasonable expenses incurred
by the program on 
18 the offender's case, not to exceed the maximum amount of

19 the fine authorized for the offense for which the 
20 defendant was sentenced;


21  (13) contribute a reasonable sum of money, not to 
22 exceed the maximum
amount of the fine authorized for the

23 offense for which the defendant was sentenced, (i) to a 
24 "local anti-crime
program", as defined in Section 7 of the 
25 Anti-Crime Advisory Council Act, or (ii) for offenses 
26 under the jurisdiction of the Department of Natural 
 
 
10300SB0423sam001- 39 -LRB103 02875 RLC 61159 a


1 Resources, to the fund established by the Department of 
2 Natural Resources for the purchase of evidence for 
3 investigation purposes and to conduct investigations as 
4 outlined in Section 805-105 of the Department of Natural 
5 Resources (Conservation) Law;


6  (14) refrain from entering into a designated 
7 geographic area except upon
such terms as the court finds 
8 appropriate. Such terms may include
consideration of the 
9 purpose of the entry, the time of day, other persons

10 accompanying the defendant, and advance approval by a

11 probation officer, if
the defendant has been placed on 
12 probation or advance approval by the
court, if the 
13 defendant was placed on conditional discharge;


14  (15) refrain from having any contact, directly or 
15 indirectly, with
certain specified persons or particular 
16 types of persons, including but not
limited to members of 
17 street gangs and drug users or dealers;


18  (16) refrain from having in his or her body the 
19 presence of any illicit
drug prohibited by the Cannabis 
20 Control Act, the Illinois Controlled
Substances Act, or 
21 the Methamphetamine Control and Community Protection Act, 
22 unless prescribed by a physician, and submit samples of

23 his or her blood or urine or both for tests to determine 
24 the presence of any
illicit drug;

25  (17) if convicted for an offense committed on or after 
26 June 1, 2008 (the effective date of Public Act 95-464) 
 
 
10300SB0423sam001- 40 -LRB103 02875 RLC 61159 a


1 that would qualify the accused as a child sex offender as 
2 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
3 of 1961 or the Criminal Code of 2012, refrain from 
4 communicating with or contacting, by means of the 
5 Internet, a person who is related to the accused and whom 
6 the accused reasonably believes to be under 18 years of 
7 age; for purposes of this paragraph (17), "Internet" has 
8 the meaning ascribed to it in Section 16-0.1 of the 
9 Criminal Code of 2012; and a person is related to the 
10 accused if the person is: (i) the spouse, brother, or 
11 sister of the accused; (ii) a descendant of the accused; 
12 (iii) a first or second cousin of the accused; or (iv) a 
13 step-child or adopted child of the accused;
14  (18) if convicted for an offense committed on or after 
15 June 1, 2009 (the effective date of Public Act 95-983) 
16 that would qualify as a sex offense as defined in the Sex 
17 Offender Registration Act:
18   (i) not access or use a computer or any other 
19 device with Internet capability without the prior 
20 written approval of the offender's probation officer, 
21 except in connection with the offender's employment or 
22 search for employment with the prior approval of the 
23 offender's probation officer;
24   (ii) submit to periodic unannounced examinations 
25 of the offender's computer or any other device with 
26 Internet capability by the offender's probation 
 
 
10300SB0423sam001- 41 -LRB103 02875 RLC 61159 a


1 officer, a law enforcement officer, or assigned 
2 computer or information technology specialist, 
3 including the retrieval and copying of all data from 
4 the computer or device and any internal or external 
5 peripherals and removal of such information, 
6 equipment, or device to conduct a more thorough 
7 inspection;
8   (iii) submit to the installation on the offender's 
9 computer or device with Internet capability, at the 
10 subject's expense, of one or more hardware or software 
11 systems to monitor the Internet use; and
12   (iv) submit to any other appropriate restrictions 
13 concerning the offender's use of or access to a 
14 computer or any other device with Internet capability 
15 imposed by the offender's probation officer; and 
16  (19) refrain from possessing a firearm or other 
17 dangerous weapon where the offense is a misdemeanor that 
18 did not involve the intentional or knowing infliction of 
19 bodily harm or threat of bodily harm. 
20 (c) The court may as a condition of probation or of 
21conditional
discharge require that a person under 18 years of 
22age found guilty of any
alcohol, cannabis or controlled 
23substance violation, refrain from acquiring
a driver's license 
24during
the period of probation or conditional discharge. If 
25such person
is in possession of a permit or license, the court 
26may require that
the minor refrain from driving or operating 
 
 
10300SB0423sam001- 42 -LRB103 02875 RLC 61159 a


1any motor vehicle during the
period of probation or 
2conditional discharge, except as may be necessary in
the 
3course of the minor's lawful employment.


4 (d) An offender sentenced to probation or to conditional 
5discharge
shall be given a certificate setting forth the 
6conditions thereof.


7 (e) Except where the offender has committed a fourth or 
8subsequent
violation of subsection (c) of Section 6-303 of the 
9Illinois Vehicle Code,
the court shall not require as a 
10condition of the sentence of
probation or conditional 
11discharge that the offender be committed to a
period of 
12imprisonment in excess of 6 months.
This 6-month limit shall 
13not include periods of confinement given pursuant to
a 
14sentence of county impact incarceration under Section 5-8-1.2.

15 Persons committed to imprisonment as a condition of 
16probation or
conditional discharge shall not be committed to 
17the Department of
Corrections.


18 (f) The court may combine a sentence of periodic 
19imprisonment under
Article 7 or a sentence to a county impact 
20incarceration program under
Article 8 with a sentence of 
21probation or conditional discharge.


22 (g) An offender sentenced to probation or to conditional 
23discharge and
who during the term of either undergoes 
24mandatory drug or alcohol testing,
or both, or is assigned to 
25be placed on an approved electronic monitoring
device, shall 
26be ordered to pay all costs incidental to such mandatory drug

 
 
10300SB0423sam001- 43 -LRB103 02875 RLC 61159 a


1or alcohol testing, or both, and all costs
incidental to such 
2approved electronic monitoring in accordance with the

3defendant's ability to pay those costs. The county board with

4the concurrence of the Chief Judge of the judicial
circuit in 
5which the county is located shall establish reasonable fees 
6for
the cost of maintenance, testing, and incidental expenses 
7related to the
mandatory drug or alcohol testing, or both, and 
8all costs incidental to
approved electronic monitoring, 
9involved in a successful probation program
for the county. The 
10concurrence of the Chief Judge shall be in the form of
an 
11administrative order.
The fees shall be collected by the clerk 
12of the circuit court, except as provided in an administrative 
13order of the Chief Judge of the circuit court. The clerk of
the 
14circuit court shall pay all moneys collected from these fees 
15to the county
treasurer who shall use the moneys collected to 
16defray the costs of
drug testing, alcohol testing, and 
17electronic monitoring.
The county treasurer shall deposit the 
18fees collected in the
county working cash fund under Section 
196-27001 or Section 6-29002 of the
Counties Code, as the case 
20may be.
The Chief Judge of the circuit court of the county may 
21by administrative order establish a program for electronic 
22monitoring of offenders, in which a vendor supplies and 
23monitors the operation of the electronic monitoring device, 
24and collects the fees on behalf of the county. The program 
25shall include provisions for indigent offenders and the 
26collection of unpaid fees. The program shall not unduly burden 
 
 
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1the offender and shall be subject to review by the Chief Judge. 

2 The Chief Judge of the circuit court may suspend any 
3additional charges or fees for late payment, interest, or 
4damage to any device. 
5 (h) Jurisdiction over an offender may be transferred from 
6the
sentencing court to the court of another circuit with the 
7concurrence of
both courts. Further transfers or retransfers 
8of
jurisdiction are also
authorized in the same manner. The 
9court to which jurisdiction has been
transferred shall have 
10the same powers as the sentencing court.
The probation 
11department within the circuit to which jurisdiction has been 
12transferred, or which has agreed to provide supervision, may 
13impose probation fees upon receiving the transferred offender, 
14as provided in subsection (i). For all transfer cases, as 
15defined in Section 9b of the Probation and Probation Officers 
16Act, the probation department from the original sentencing 
17court shall retain all probation fees collected prior to the 
18transfer. After the transfer,
all probation fees shall be paid 
19to the probation department within the
circuit to which 
20jurisdiction has been transferred.

21 (i) The court shall impose upon an offender
sentenced to 
22probation after January 1, 1989 or to conditional discharge

23after January 1, 1992 or to community service under the 
24supervision of a
probation or court services department after 
25January 1, 2004, as a condition of such probation or 
26conditional
discharge or supervised community service, a fee 
 
 
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1of $50
for each month of probation or
conditional
discharge 
2supervision or supervised community service ordered by the 
3court, unless after
determining the inability of the person 
4sentenced to probation or conditional
discharge or supervised 
5community service to pay the
fee, the court assesses a lesser 
6fee. The court may not impose the fee on a
minor who is placed 
7in the guardianship or custody of the Department of Children 
8and Family Services under the Juvenile Court Act of 1987
while 
9the minor is in placement.
The fee shall be imposed only upon

10an offender who is actively supervised by the
probation and 
11court services
department. The fee shall be collected by the 
12clerk
of the circuit court. The clerk of the circuit court 
13shall pay all monies
collected from this fee to the county 
14treasurer for deposit in the
probation and court services fund 
15under Section 15.1 of the
Probation and Probation Officers 
16Act.

17 A circuit court may not impose a probation fee under this 
18subsection (i) in excess of $25
per month unless the circuit 
19court has adopted, by administrative
order issued by the chief 
20judge, a standard probation fee guide
determining an 
21offender's ability to pay. Of the
amount collected as a 
22probation fee, up to $5 of that fee
collected per month may be 
23used to provide services to crime victims
and their families.
24 The Court may only waive probation fees based on an 
25offender's ability to pay. The probation department may 
26re-evaluate an offender's ability to pay every 6 months, and, 
 
 
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1with the approval of the Director of Court Services or the 
2Chief Probation Officer, adjust the monthly fee amount. An 
3offender may elect to pay probation fees due in a lump sum.
Any 
4offender that has been assigned to the supervision of a 
5probation department, or has been transferred either under 
6subsection (h) of this Section or under any interstate 
7compact, shall be required to pay probation fees to the 
8department supervising the offender, based on the offender's 
9ability to pay.


10 Public Act 93-970 deletes the $10 increase in the fee 
11under this subsection that was imposed by Public Act 93-616. 
12This deletion is intended to control over any other Act of the 
1393rd General Assembly that retains or incorporates that fee 
14increase.
15 (i-5) In addition to the fees imposed under subsection (i) 
16of this Section, in the case of an offender convicted of a 
17felony sex offense (as defined in the Sex Offender Management 
18Board Act) or an offense that the court or probation 
19department has determined to be sexually motivated (as defined 
20in the Sex Offender Management Board Act), the court or the 
21probation department shall assess additional fees to pay for 
22all costs of treatment, assessment, evaluation for risk and 
23treatment, and monitoring the offender, based on that 
24offender's ability to pay those costs either as they occur or 
25under a payment plan.
26 (j) All fines and costs imposed under this Section for any 
 
 
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1violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
2Code, or a similar
provision of a local ordinance, and any 
3violation of the Child Passenger
Protection Act, or a similar 
4provision of a local ordinance, shall be
collected and 
5disbursed by the circuit clerk as provided under the Criminal 
6and Traffic Assessment Act.


7 (k) Any offender who is sentenced to probation or 
8conditional discharge for a felony sex offense as defined in 
9the Sex Offender Management Board Act or any offense that the 
10court or probation department has determined to be sexually 
11motivated as defined in the Sex Offender Management Board Act 
12shall be required to refrain from any contact, directly or 
13indirectly, with any persons specified by the court and shall 
14be available for all evaluations and treatment programs 
15required by the court or the probation department.

16 (l) The court may order an offender who is sentenced to 
17probation or conditional
discharge for a violation of an order 
18of protection be placed under electronic surveillance as 
19provided in Section 5-8A-7 of this Code. 
20(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)


21 Section 10. The Illinois Crime Reduction Act of 2009 is 
22amended by changing Section 10 as follows:

23 (730 ILCS 190/10)
24 Sec. 10. Evidence-based programming. 

 
 
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1 (a) Purpose. Research and practice have identified new 
2strategies and policies that can result in a significant 
3reduction in recidivism rates and the successful local 
4reintegration of offenders. The purpose of this Section is to 
5ensure that State and local agencies direct their resources to 
6services and programming that have been demonstrated to be 
7effective in reducing recidivism and reintegrating offenders 
8into the locality.
9 (b) Evidence-based programming in local supervision.
10  (1) The Parole Division of the Department of 
11 Corrections and the Prisoner Review Board shall adopt 
12 policies, rules, and regulations that, within the first 
13 year of the adoption, validation, and utilization of the 
14 statewide, standardized risk assessment tool described in 
15 this Act, result in at least 25% of supervised individuals 
16 being supervised in accordance with evidence-based 
17 practices; within 3 years of the adoption, validation, and 
18 utilization of the statewide, standardized risk assessment 
19 tool result in at least 50% of supervised individuals 
20 being supervised in accordance with evidence-based 
21 practices; and within 5 years of the adoption, validation, 
22 and utilization of the statewide, standardized risk 
23 assessment tool result in at least 75% of supervised 
24 individuals being supervised in accordance with 
25 evidence-based practices. The policies, rules, and 
26 regulations shall:
 
 
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1   (A) Provide for a standardized individual case 
2 plan that follows the offender through the criminal 
3 justice system (including in-prison if the supervised 
4 individual is in prison) that is:

5    (i) Based on the assets of the individual as 
6 well as his or her risks and needs identified 
7 through the assessment tool as described in this 
8 Act.
9    (ii) Comprised of treatment and supervision 
10 services appropriate to achieve the purpose of 
11 this Act.
12    (iii) Consistently updated, based on program 
13 participation by the supervised individual and 
14 other behavior modification exhibited by the 
15 supervised individual.
16   (B) Concentrate resources and services on 
17 high-risk offenders.
18   (C) Provide for the use of evidence-based 
19 programming related to education, job training, 
20 cognitive behavioral therapy, and other programming 
21 designed to reduce criminal behavior.
22   (D) Establish a system of graduated responses.
23    (i) The system shall set forth a menu of 
24 presumptive responses for the most common types of 
25 supervision violations.

26    (ii) The system shall be guided by the model 
 
 
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1 list of intermediate sanctions created by the 
2 Probation Services Division of the State of 
3 Illinois pursuant to subsection (1) of Section 15 
4 of the Probation and Probation Officers Act and 
5 the system of intermediate sanctions created by 
6 the Chief Judge of each circuit court pursuant to 
7 Section 5-6-1 of the Unified Code of Corrections.
8    (iii) The system of responses shall take into 
9 account factors such as the severity of the 
10 current violation; the supervised individual's 
11 risk level as determined by a validated assessment 
12 tool described in this Act; the supervised 
13 individual's assets; his or her previous criminal 
14 record; and the number and severity of any 
15 previous supervision violations.
16    (iv) The system shall also define positive 
17 reinforcements that supervised individuals may 
18 receive for compliance with conditions of 
19 supervision.
20    (v) Response to violations should be swift and 
21 certain and should be imposed as soon as 
22 practicable but no longer than 3 working days of 
23 detection of the violation behavior.
24    (vi) The system of graduated responses shall 
25 be published on the Department of Corrections 
26 website for public view. 
 
 
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1  (2) Conditions of local supervision (probation and 
2 mandatory supervised release). Conditions of local 
3 supervision whether imposed by a sentencing judge or the 
4 Prisoner Review Board shall be imposed in accordance with 
5 the offender's risks, assets, and needs as identified 
6 through the assessment tool described in this Act.
7  (3) The Department of Corrections and the Prisoner 
8 Review Board shall annually publish an exemplar copy of 
9 any evidence-based assessments, questionnaires, or other 
10 instruments used to set conditions of release. 
11 (c) Evidence-based in-prison programming.
12  (1) The Department of Corrections shall adopt 
13 policies, rules, and regulations that, within the first 
14 year of the adoption, validation, and utilization of the 
15 statewide, standardized risk assessment tool described in 
16 this Act, result in at least 25% of incarcerated 
17 individuals receiving services and programming in 
18 accordance with evidence-based practices; within 3 years 
19 of the adoption, validation, and utilization of the 
20 statewide, standardized risk assessment tool result in at 
21 least 50% of incarcerated individuals receiving services 
22 and programming in accordance with evidence-based 
23 practices; and within 5 years of the adoption, validation, 
24 and utilization of the statewide, standardized risk 
25 assessment tool result in at least 75% of incarcerated 
26 individuals receiving services and programming in 
 
 
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1 accordance with evidence-based practices. The policies, 
2 rules, and regulations shall:
3   (A) Provide for the use and development of a case 
4 plan based on the risks, assets, and needs identified 
5 through the assessment tool as described in this Act. 
6 The case plan should be used to determine in-prison 
7 programming; should be continuously updated based on 
8 program participation by the prisoner and other 
9 behavior modification exhibited by the prisoner; and 
10 should be used when creating the case plan described 
11 in subsection (b).

12   (B) Provide for the use of evidence-based 
13 programming related to education, job training, 
14 cognitive behavioral therapy and other evidence-based 
15 programming.
16   (C) Establish education programs based on a 
17 teacher to student ratio of no more than 1:30.
18   (D) Expand the use of drug prisons, modeled after 
19 the Sheridan Correctional Center, to provide 
20 sufficient drug treatment and other support services 
21 to non-violent inmates with a history of substance 
22 abuse.
23  (2) Participation and completion of programming by 
24 prisoners can impact earned time credit as determined 
25 under Section 3-6-3 of the Unified Code of Corrections.
26  (3) The Department of Corrections shall provide its 
 
 
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1 employees with intensive and ongoing training and 
2 professional development services to support the 
3 implementation of evidence-based practices. The training 
4 and professional development services shall include 
5 assessment techniques, case planning, cognitive behavioral 
6 training, risk reduction and intervention strategies, 
7 effective communication skills, substance abuse treatment 
8 education and other topics identified by the Department or 
9 its employees.
10 (d) The Parole Division of the Department of Corrections 
11and the Prisoner Review Board shall provide their employees 
12with intensive and ongoing training and professional 
13development services to support the implementation of 
14evidence-based practices. The training and professional 
15development services shall include assessment techniques, case 
16planning, cognitive behavioral training, risk reduction and 
17intervention strategies, effective communication skills, 
18substance abuse treatment education, and other topics 
19identified by the agencies or their employees.

20 (e) The Department of Corrections, the Prisoner Review 
21Board, and other correctional entities referenced in the 
22policies, rules, and regulations of this Act shall design, 
23implement, and make public a system to evaluate the 
24effectiveness of evidence-based practices in increasing public 
25safety and in successful reintegration of those under 
26supervision into the locality. Annually, each agency shall 
 
 
10300SB0423sam001- 54 -LRB103 02875 RLC 61159 a


1submit to the Sentencing Policy Advisory Council a 
2comprehensive report on the success of implementing 
3evidence-based practices. The data compiled and analyzed by 
4the Council shall be delivered annually to the Governor and 
5the General Assembly.


6 (f) The Department of Corrections and the Prisoner Review 
7Board shall release a report annually published on their 
8websites that reports the following information about the 
9usage of electronic monitoring and GPS monitoring as a 
10condition of parole and mandatory supervised release during 
11the prior calendar year: 
12  (1) demographic data of individuals on electronic 
13 monitoring and GPS monitoring, separated by the following 
14 categories: 
15   (A) race or ethnicity; 
16   (B) gender; and 
17   (C) age; 
18  (2) incarceration data of individuals subject to 
19 conditions of electronic or GPS monitoring, separated by 
20 the following categories: 
21   (A) highest class of offense for which the 
22 individuals are currently serving a term of release; 
23 and 
24   (B) length of imprisonment served prior to the 
25 current release period; 
26  (3) the number of individuals subject to conditions of 
 
 
10300SB0423sam001- 55 -LRB103 02875 RLC 61159 a


1 electronic or GPS monitoring, separated by the following 
2 categories: 
3   (A) the number of individuals subject to 
4 monitoring under Section 5-8A-6 of the Unified Code of 
5 Corrections; 
6   (B) the number of individuals subject monitoring 
7 under Section 5-8A-7 of the Unified Code of 
8 Corrections; 
9   (C) the number of individuals subject to 
10 monitoring under a discretionary order of the Prisoner 
11 Review Board at the time of their release; and 
12   (D) the number of individuals subject to 
13 monitoring as a sanction for violations of parole or 
14 mandatory supervised release, separated by the 
15 following categories: 
16    (i) the number of individuals subject to 
17 monitoring as part of a graduated sanctions 
18 program; and 
19    (ii) the number of individuals subject to 
20 monitoring as a new condition of re-release after 
21 a revocation hearing before the Prisoner Review 
22 Board; 
23  (4) the number of discretionary monitoring orders 
24 issued by the Prisoner Review Board, separated by the 
25 following categories: 
26   (A) less than 30 days; 
 
 
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1   (B) 31 to 60 days; 
2   (C) 61 to 90 days; 
3   (D) 91 to 120 days; 
4   (E) 121 to 150 days; 
5   (F) 151 to 180 days; 
6   (G) 181 to 364 days; 
7   (H) 365 days or more; and 
8   (I) duration of release term; 
9  (5) the number of discretionary monitoring orders by 
10 the Board which removed or terminated monitoring prior to 
11 the completion of the original period ordered; 
12  (6) the number and severity category for sanctions 
13 imposed on individuals on electronic or GPS monitoring, 
14 separated by the following categories: 
15   (A) absconding from electronic monitoring or GPS; 
16   (B) tampering or removing the electronic 
17 monitoring or GPS device; 
18   (C) unauthorized leaving of the residence; 
19   (D) presence of the individual in a prohibited 
20 area; or 
21   (E) other violations of the terms of the 
22 electronic monitoring program; 
23  (7) the number of individuals for whom a parole 
24 revocation case was filed for failure to comply with the 
25 terms of electronic or GPS monitoring, separated by the 
26 following categories: 
 
 
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1   (A) cases when failure to comply with the terms of 
2 monitoring was the sole violation alleged; and 
3   (B) cases when failure to comply with the terms of 
4 monitoring was alleged in conjunction with other 
5 alleged violations; 
6  (8) residential data for individuals subject to 
7 electronic or GPS monitoring, separated by the following 
8 categories: 
9   (A) the county of the residence address for 
10 individuals subject to electronic or GPS monitoring as 
11 a condition of their release; and 
12   (B) for counties with a population over 3,000,000, 
13 the zip codes of the residence address for individuals 
14 subject to electronic or GPS monitoring as a condition 
15 of their release; 
16  (9) the number of individuals for whom parole 
17 revocation cases were filed due to violations of paragraph 
18 (1) of subsection (a) of Section 3-3-7 of the Unified Code 
19 of Corrections, separated by the following categories: 
20   (A) the number of individuals whose violation of 
21 paragraph (1) of subsection (a) of Section 3-3-7 of 
22 the Unified Code of Corrections allegedly occurred 
23 while the individual was subject to conditions of 
24 electronic or GPS monitoring; 
25   (B) the number of individuals who had violations 
26 of paragraph (1) of subsection (a) of Section 3-3-7 of 
 
 
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1 the Unified Code of Corrections alleged against them 
2 who were never subject to electronic or GPS monitoring 
3 during their current term of release; and 
4   (C) the number of individuals who had violations 
5 of paragraph (1) of subsection (a) of Section 3-3-7 of 
6 the Unified Code of Corrections alleged against them 
7 who were subject to electronic or GPS monitoring for 
8 any period of time during their current term of their 
9 release, but who were not subject to such monitoring 
10 at the time of the alleged violation of paragraph (1) 
11 of subsection (a) of Section 3-3-7 of the Unified Code 
12 of Corrections. 
13(Source: P.A. 101-231, eff. 1-1-20; 102-558, eff. 8-20-21.)".