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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:
| |||||||||||||||||||||
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;
| |||||||||||||||||||||
17 | (2) refrain from possessing a firearm or other | |||||||||||||||||||||
18 | dangerous
weapon;
| |||||||||||||||||||||
19 | (3) report to an agent of the Department of Corrections | |||||||||||||||||||||
20 | or to the Department of Juvenile Justice;
| |||||||||||||||||||||
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;
| ||||||
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;
| ||||||
5 | (6) secure permission before visiting or writing a | ||||||
6 | committed person in an
Illinois Department
of Corrections | ||||||
7 | facility;
| ||||||
8 | (7) report all arrests to an agent of the Department of | ||||||
9 | Corrections or to the Department of Juvenile Justice as
| ||||||
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;
| ||||||
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
| ||||||
19 | the Sex
Offender Management Board Act by a treatment | ||||||
20 | provider approved by the Board;
| ||||||
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;
| ||||||
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) |
| |||||||
| |||||||
1 | capability for the duration of the person's parole, | ||||||
2 | aftercare release, mandatory supervised release term, or | ||||||
3 | extended mandatory supervised release term;
| ||||||
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;
| ||||||
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;
| ||||||
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;
| ||||||
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; |
| |||||||
| |||||||
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;
| ||||||
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
| ||||||
23 | leaving the
State of Illinois;
| ||||||
24 | (9) obtain permission of an agent of the Department of | ||||||
25 | Corrections or the Department of Juvenile Justice before
| ||||||
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;
| ||||||
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
| ||||||
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;
| ||||||
9 | (12) not frequent places where controlled substances | ||||||
10 | are illegally sold,
used,
distributed, or administered;
| ||||||
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;
| ||||||
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;
| ||||||
24 | (15) follow any specific instructions provided by the | ||||||
25 | parole agent or aftercare specialist that
are consistent
| ||||||
26 | with furthering conditions set and approved by the Prisoner |
| |||||||
| |||||||
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
| ||||||
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;
| ||||||
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; |
| |||||||
| |||||||
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
| ||||||
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:
| ||||||
19 | (1) work or pursue a course of study or vocational | ||||||
20 | training;
| ||||||
21 | (2) undergo medical or psychiatric treatment, or | ||||||
22 | treatment
for drug addiction or alcoholism;
| ||||||
23 | (3) attend or reside in a facility established for the
| ||||||
24 | instruction or residence of persons on probation or parole;
| ||||||
25 | (4) support his or her dependents;
| ||||||
26 | (5) (blank);
|
| |||||||
| |||||||
1 | (6) (blank);
| ||||||
2 | (7) (blank);
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
18 | (8) in addition, if a minor:
| ||||||
19 | (i) reside with his or her parents or in a foster | ||||||
20 | home;
| ||||||
21 | (ii) attend school;
| ||||||
22 | (iii) attend a non-residential program for youth; | ||||||
23 | or
| ||||||
24 | (iv) contribute to his or her own support at home | ||||||
25 | or in a foster
home.
| ||||||
26 | (b-1) In addition to the conditions set forth in |
| |||||||
| |||||||
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;
| ||||||
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;
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
| ||||||
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.
| ||||||
26 | (c) The conditions under which the parole, aftercare |
| |||||||
| |||||||
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
| ||||||
7 | the officer or aftercare specialist in charge of his or her | ||||||
8 | supervision.
| ||||||
9 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
10 | Review Board may modify or enlarge the conditions of parole, | ||||||
11 | aftercare release,
or mandatory supervised release.
| ||||||
12 | (e) The Department shall inform all offenders committed to
| ||||||
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).
| ||||||
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.)
| ||||||
20 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
21 | Sec. 3-14-1. Release from the Institution.
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
8 | shall be determined by the Department.
| ||||||
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
| ||||||
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.
| ||||||
22 | (b) (Blank).
| ||||||
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 |
| |||||||
| |||||||
1 | the county from which the offender was committed, and the
| ||||||
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
| ||||||
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
| ||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|