SB2777 Engrossed LRB099 20630 RLC 45213 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Sex Offender Management Board Act is amended
5		by changing Section 17 as follows:
6		(20 ILCS 4026/17)
7		Sec. 17. Sentencing of sex offenders; treatment based upon
8		evaluation required.
9		(a) Each felony sex offender sentenced by the court for a
10		sex offense shall be required as a part of any sentence to
11		probation, conditional release, or periodic imprisonment to
12		undergo treatment based upon the recommendations of the
13		evaluation made pursuant to Section 16 or based upon any
14		subsequent recommendations by the Administrative Office of the
15		Illinois Courts or the county probation department, whichever
16		is appropriate. Beginning on January 1, 2014, the treatment
17		shall be with a sex offender treatment provider or associate
18		sex offender provider as defined in Section 10 of this Act and
19		at the offender's own expense based upon the offender's ability
20		to pay for such treatment.
21		(b) Beginning on January 1, 2004, each sex offender placed
22		on parole, aftercare release, or mandatory supervised release
23		by the Prisoner Review Board shall be required as a condition

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1		of parole or aftercare release to undergo treatment based upon
2		any evaluation or subsequent reevaluation regarding such
3		offender during the offender's incarceration or any period of
4		parole or aftercare release. Beginning on January 1, 2014, the
5		treatment shall be by a sex offender treatment provider or
6		associate sex offender provider as defined in Section 10 of
7		this Act and at the offender's expense based upon the
8		offender's ability to pay for such treatment.
9		(Source: P.A. 97-1098, eff. 1-1-13; 98-558, eff. 1-1-14.)
10		Section 10. The Juvenile Court Act of 1987 is amended by
11		changing Sections 5-710, 5-740, and 5-745 as follows:
12		(705 ILCS 405/5-710)
13		Sec. 5-710. Kinds of sentencing orders.
14		(1) The following kinds of sentencing orders may be made in
15		respect of wards of the court:
16		(a) Except as provided in Sections 5-805, 5-810, 5-815,
17		a minor who is found guilty under Section 5-620 may be:
18		(i) put on probation or conditional discharge and
19		released to his or her parents, guardian or legal
20		custodian, provided, however, that any such minor who
21		is not committed to the Department of Juvenile Justice
22		under this subsection and who is found to be a
23		delinquent for an offense which is first degree murder,
24		a Class X felony, or a forcible felony shall be placed

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1		on probation;
2		(ii) placed in accordance with Section 5-740, with
3		or without also being put on probation or conditional
4		discharge;
5		(iii) required to undergo a substance abuse
6		assessment conducted by a licensed provider and
7		participate in the indicated clinical level of care;
8		(iv) on and after the effective date of this
9		amendatory Act of the 98th General Assembly and before
10		January 1, 2017, placed in the guardianship of the
11		Department of Children and Family Services, but only if
12		the delinquent minor is under 16 years of age or,
13		pursuant to Article II of this Act, a minor for whom an
14		independent basis of abuse, neglect, or dependency
15		exists. On and after January 1, 2017, placed in the
16		guardianship of the Department of Children and Family
17		Services, but only if the delinquent minor is under 15
18		years of age or, pursuant to Article II of this Act, a
19		minor for whom an independent basis of abuse, neglect,
20		or dependency exists. An independent basis exists when
21		the allegations or adjudication of abuse, neglect, or
22		dependency do not arise from the same facts, incident,
23		or circumstances which give rise to a charge or
24		adjudication of delinquency;
25		(v) placed in detention for a period not to exceed
26		30 days, either as the exclusive order of disposition

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1		or, where appropriate, in conjunction with any other
2		order of disposition issued under this paragraph,
3		provided that any such detention shall be in a juvenile
4		detention home and the minor so detained shall be 10
5		years of age or older. However, the 30-day limitation
6		may be extended by further order of the court for a
7		minor under age 15 committed to the Department of
8		Children and Family Services if the court finds that
9		the minor is a danger to himself or others. The minor
10		shall be given credit on the sentencing order of
11		detention for time spent in detention under Sections
12		5-501, 5-601, 5-710, or 5-720 of this Article as a
13		result of the offense for which the sentencing order
14		was imposed. The court may grant credit on a sentencing
15		order of detention entered under a violation of
16		probation or violation of conditional discharge under
17		Section 5-720 of this Article for time spent in
18		detention before the filing of the petition alleging
19		the violation. A minor shall not be deprived of credit
20		for time spent in detention before the filing of a
21		violation of probation or conditional discharge
22		alleging the same or related act or acts. The
23		limitation that the minor shall only be placed in a
24		juvenile detention home does not apply as follows:
25		Persons 18 years of age and older who have a
26		petition of delinquency filed against them may be

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1		confined in an adult detention facility. In making a
2		determination whether to confine a person 18 years of
3		age or older who has a petition of delinquency filed
4		against the person, these factors, among other
5		matters, shall be considered:
6		(A) the age of the person;
7		(B) any previous delinquent or criminal
8		history of the person;
9		(C) any previous abuse or neglect history of
10		the person;
11		(D) any mental health history of the person;
12		and
13		(E) any educational history of the person;
14		(vi) ordered partially or completely emancipated
15		in accordance with the provisions of the Emancipation
16		of Minors Act;
17		(vii) subject to having his or her driver's license
18		or driving privileges suspended for such time as
19		determined by the court but only until he or she
20		attains 18 years of age;
21		(viii) put on probation or conditional discharge
22		and placed in detention under Section 3-6039 of the
23		Counties Code for a period not to exceed the period of
24		incarceration permitted by law for adults found guilty
25		of the same offense or offenses for which the minor was
26		adjudicated delinquent, and in any event no longer than

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1		upon attainment of age 21; this subdivision (viii)
2		notwithstanding any contrary provision of the law;
3		(ix) ordered to undergo a medical or other
4		procedure to have a tattoo symbolizing allegiance to a
5		street gang removed from his or her body; or
6		(x) placed in electronic home detention under Part
7		7A of this Article.
8		(b) A minor found to be guilty may be committed to the
9		Department of Juvenile Justice under Section 5-750 if the
10		minor is at least 13 years and under 20 years of age,
11		provided that the commitment to the Department of Juvenile
12		Justice shall be made only if the minor was found guilty of
13		a felony offense or first degree murder a term of
14		imprisonment in the penitentiary system of the Department
15		of Corrections is permitted by law for adults found guilty
16		of the offense for which the minor was adjudicated
17		delinquent. The court shall include in the sentencing order
18		any pre-custody credits the minor is entitled to under
19		Section 5-4.5-100 of the Unified Code of Corrections. The
20		time during which a minor is in custody before being
21		released upon the request of a parent, guardian or legal
22		custodian shall also be considered as time spent in
23		custody.
24		(c) When a minor is found to be guilty for an offense
25		which is a violation of the Illinois Controlled Substances
26		Act, the Cannabis Control Act, or the Methamphetamine

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1		Control and Community Protection Act and made a ward of the
2		court, the court may enter a disposition order requiring
3		the minor to undergo assessment, counseling or treatment in
4		a substance abuse program approved by the Department of
5		Human Services.
6		(2) Any sentencing order other than commitment to the
7		Department of Juvenile Justice may provide for protective
8		supervision under Section 5-725 and may include an order of
9		protection under Section 5-730.
10		(3) Unless the sentencing order expressly so provides, it
11		does not operate to close proceedings on the pending petition,
12		but is subject to modification until final closing and
13		discharge of the proceedings under Section 5-750.
14		(4) In addition to any other sentence, the court may order
15		any minor found to be delinquent to make restitution, in
16		monetary or non-monetary form, under the terms and conditions
17		of Section 5-5-6 of the Unified Code of Corrections, except
18		that the "presentencing hearing" referred to in that Section
19		shall be the sentencing hearing for purposes of this Section.
20		The parent, guardian or legal custodian of the minor may be
21		ordered by the court to pay some or all of the restitution on
22		the minor's behalf, pursuant to the Parental Responsibility
23		Law. The State's Attorney is authorized to act on behalf of any
24		victim in seeking restitution in proceedings under this
25		Section, up to the maximum amount allowed in Section 5 of the
26		Parental Responsibility Law.

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1		(5) Any sentencing order where the minor is committed or
2		placed in accordance with Section 5-740 shall provide for the
3		parents or guardian of the estate of the minor to pay to the
4		legal custodian or guardian of the person of the minor such
5		sums as are determined by the custodian or guardian of the
6		person of the minor as necessary for the minor's needs. The
7		payments may not exceed the maximum amounts provided for by
8		Section 9.1 of the Children and Family Services Act.
9		(6) Whenever the sentencing order requires the minor to
10		attend school or participate in a program of training, the
11		truant officer or designated school official shall regularly
12		report to the court if the minor is a chronic or habitual
13		truant under Section 26-2a of the School Code. Notwithstanding
14		any other provision of this Act, in instances in which
15		educational services are to be provided to a minor in a
16		residential facility where the minor has been placed by the
17		court, costs incurred in the provision of those educational
18		services must be allocated based on the requirements of the
19		School Code.
20		(7) In no event shall a guilty minor be committed to the
21		Department of Juvenile Justice for a period of time in excess
22		of that period for which an adult could be committed for the
23		same act. The court shall include in the sentencing order a
24		limitation on the period of confinement not to exceed the
25		maximum period of imprisonment the court could impose under
26		Article V of the Unified Code of Corrections.

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1		(7.5) In no event shall a guilty minor be committed to the
2		Department of Juvenile Justice or placed in detention when the
3		act for which the minor was adjudicated delinquent would not be
4		illegal if committed by an adult.
5		(7.6) In no event shall a guilty minor be committed to the
6		Department of Juvenile Justice for an offense which is a Class
7		4 felony under Section 19-4 (criminal trespass to a residence),
8		21-1 (criminal damage to property), 21-1.01 (criminal damage to
9		government supported property), 21-1.3 (criminal defacement of
10		property), 26-1 (disorderly conduct), or 31-4 (obstructing
11		justice), of the Criminal Code of 2012.
12		(8) A minor found to be guilty for reasons that include a
13		violation of Section 21-1.3 of the Criminal Code of 1961 or the
14		Criminal Code of 2012 shall be ordered to perform community
15		service for not less than 30 and not more than 120 hours, if
16		community service is available in the jurisdiction. The
17		community service shall include, but need not be limited to,
18		the cleanup and repair of the damage that was caused by the
19		violation or similar damage to property located in the
20		municipality or county in which the violation occurred. The
21		order may be in addition to any other order authorized by this
22		Section.
23		(8.5) A minor found to be guilty for reasons that include a
24		violation of Section 3.02 or Section 3.03 of the Humane Care
25		for Animals Act or paragraph (d) of subsection (1) of Section
26		21-1 of the Criminal Code of 1961 or paragraph (4) of

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1		subsection (a) of Section 21-1 of the Criminal Code of 2012
2		shall be ordered to undergo medical or psychiatric treatment
3		rendered by a psychiatrist or psychological treatment rendered
4		by a clinical psychologist. The order may be in addition to any
5		other order authorized by this Section.
6		(9) In addition to any other sentencing order, the court
7		shall order any minor found to be guilty for an act which would
8		constitute, predatory criminal sexual assault of a child,
9		aggravated criminal sexual assault, criminal sexual assault,
10		aggravated criminal sexual abuse, or criminal sexual abuse if
11		committed by an adult to undergo medical testing to determine
12		whether the defendant has any sexually transmissible disease
13		including a test for infection with human immunodeficiency
14		virus (HIV) or any other identified causative agency of
15		acquired immunodeficiency syndrome (AIDS). Any medical test
16		shall be performed only by appropriately licensed medical
17		practitioners and may include an analysis of any bodily fluids
18		as well as an examination of the minor's person. Except as
19		otherwise provided by law, the results of the test shall be
20		kept strictly confidential by all medical personnel involved in
21		the testing and must be personally delivered in a sealed
22		envelope to the judge of the court in which the sentencing
23		order was entered for the judge's inspection in camera. Acting
24		in accordance with the best interests of the victim and the
25		public, the judge shall have the discretion to determine to
26		whom the results of the testing may be revealed. The court

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1		shall notify the minor of the results of the test for infection
2		with the human immunodeficiency virus (HIV). The court shall
3		also notify the victim if requested by the victim, and if the
4		victim is under the age of 15 and if requested by the victim's
5		parents or legal guardian, the court shall notify the victim's
6		parents or the legal guardian, of the results of the test for
7		infection with the human immunodeficiency virus (HIV). The
8		court shall provide information on the availability of HIV
9		testing and counseling at the Department of Public Health
10		facilities to all parties to whom the results of the testing
11		are revealed. The court shall order that the cost of any test
12		shall be paid by the county and may be taxed as costs against
13		the minor.
14		(10) When a court finds a minor to be guilty the court
15		shall, before entering a sentencing order under this Section,
16		make a finding whether the offense committed either: (a) was
17		related to or in furtherance of the criminal activities of an
18		organized gang or was motivated by the minor's membership in or
19		allegiance to an organized gang, or (b) involved a violation of
20		subsection (a) of Section 12-7.1 of the Criminal Code of 1961
21		or the Criminal Code of 2012, a violation of any Section of
22		Article 24 of the Criminal Code of 1961 or the Criminal Code of
23		2012, or a violation of any statute that involved the wrongful
24		use of a firearm. If the court determines the question in the
25		affirmative, and the court does not commit the minor to the
26		Department of Juvenile Justice, the court shall order the minor

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1		to perform community service for not less than 30 hours nor
2		more than 120 hours, provided that community service is
3		available in the jurisdiction and is funded and approved by the
4		county board of the county where the offense was committed. The
5		community service shall include, but need not be limited to,
6		the cleanup and repair of any damage caused by a violation of
7		Section 21-1.3 of the Criminal Code of 1961 or the Criminal
8		Code of 2012 and similar damage to property located in the
9		municipality or county in which the violation occurred. When
10		possible and reasonable, the community service shall be
11		performed in the minor's neighborhood. This order shall be in
12		addition to any other order authorized by this Section except
13		for an order to place the minor in the custody of the
14		Department of Juvenile Justice. For the purposes of this
15		Section, "organized gang" has the meaning ascribed to it in
16		Section 10 of the Illinois Streetgang Terrorism Omnibus
17		Prevention Act.
18		(11) If the court determines that the offense was committed
19		in furtherance of the criminal activities of an organized gang,
20		as provided in subsection (10), and that the offense involved
21		the operation or use of a motor vehicle or the use of a
22		driver's license or permit, the court shall notify the
23		Secretary of State of that determination and of the period for
24		which the minor shall be denied driving privileges. If, at the
25		time of the determination, the minor does not hold a driver's
26		license or permit, the court shall provide that the minor shall

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1		not be issued a driver's license or permit until his or her
2		18th birthday. If the minor holds a driver's license or permit
3		at the time of the determination, the court shall provide that
4		the minor's driver's license or permit shall be revoked until
5		his or her 21st birthday, or until a later date or occurrence
6		determined by the court. If the minor holds a driver's license
7		at the time of the determination, the court may direct the
8		Secretary of State to issue the minor a judicial driving
9		permit, also known as a JDP. The JDP shall be subject to the
10		same terms as a JDP issued under Section 6-206.1 of the
11		Illinois Vehicle Code, except that the court may direct that
12		the JDP be effective immediately.
13		(12) If a minor is found to be guilty of a violation of
14		subsection (a-7) of Section 1 of the Prevention of Tobacco Use
15		by Minors Act, the court may, in its discretion, and upon
16		recommendation by the State's Attorney, order that minor and
17		his or her parents or legal guardian to attend a smoker's
18		education or youth diversion program as defined in that Act if
19		that program is available in the jurisdiction where the
20		offender resides. Attendance at a smoker's education or youth
21		diversion program shall be time-credited against any community
22		service time imposed for any first violation of subsection
23		(a-7) of Section 1 of that Act. In addition to any other
24		penalty that the court may impose for a violation of subsection
25		(a-7) of Section 1 of that Act, the court, upon request by the
26		State's Attorney, may in its discretion require the offender to

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1		remit a fee for his or her attendance at a smoker's education
2		or youth diversion program.
3		For purposes of this Section, "smoker's education program"
4		or "youth diversion program" includes, but is not limited to, a
5		seminar designed to educate a person on the physical and
6		psychological effects of smoking tobacco products and the
7		health consequences of smoking tobacco products that can be
8		conducted with a locality's youth diversion program.
9		In addition to any other penalty that the court may impose
10		under this subsection (12):
11		(a) If a minor violates subsection (a-7) of Section 1
12		of the Prevention of Tobacco Use by Minors Act, the court
13		may impose a sentence of 15 hours of community service or a
14		fine of $25 for a first violation.
15		(b) A second violation by a minor of subsection (a-7)
16		of Section 1 of that Act that occurs within 12 months after
17		the first violation is punishable by a fine of $50 and 25
18		hours of community service.
19		(c) A third or subsequent violation by a minor of
20		subsection (a-7) of Section 1 of that Act that occurs
21		within 12 months after the first violation is punishable by
22		a $100 fine and 30 hours of community service.
23		(d) Any second or subsequent violation not within the
24		12-month time period after the first violation is
25		punishable as provided for a first violation.
26		(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;

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1		99-268, eff. 1-1-16.)
2		(705 ILCS 405/5-740)
3		Sec. 5-740. Placement; legal custody or guardianship.
4		(1) If the court finds that the parents, guardian, or legal
5		custodian of a minor adjudged a ward of the court are unfit or
6		are unable, for some reason other than financial circumstances
7		alone, to care for, protect, train or discipline the minor or
8		are unwilling to do so, and that appropriate services aimed at
9		family preservation and family reunification have been
10		unsuccessful in rectifying the conditions which have led to a
11		finding of unfitness or inability to care for, protect, train
12		or discipline the minor, and that it is in the best interest of
13		the minor to take him or her from the custody of his or her
14		parents, guardian or custodian, the court may:
15		(a) place him or her in the custody of a suitable
16		relative or other person;
17		(b) place him or her under the guardianship of a
18		probation officer;
19		(c) commit him or her to an agency for care or
20		placement, except an institution under the authority of the
21		Department of Juvenile Justice Corrections or of the
22		Department of Children and Family Services;
23		(d) commit him or her to some licensed training school
24		or industrial school; or
25		(e) commit him or her to any appropriate institution

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1		having among its purposes the care of delinquent children,
2		including a child protective facility maintained by a child
3		protection district serving the county from which
4		commitment is made, but not including any institution under
5		the authority of the Department of Juvenile Justice
6		Corrections or of the Department of Children and Family
7		Services.
8		(2) When making such placement, the court, wherever
9		possible, shall select a person holding the same religious
10		belief as that of the minor or a private agency controlled by
11		persons of like religious faith of the minor and shall require
12		the Department of Children and Family Services to otherwise
13		comply with Section 7 of the Children and Family Services Act
14		in placing the child. In addition, whenever alternative plans
15		for placement are available, the court shall ascertain and
16		consider, to the extent appropriate in the particular case, the
17		views and preferences of the minor.
18		(3) When a minor is placed with a suitable relative or
19		other person, the court shall appoint him or her the legal
20		custodian or guardian of the person of the minor. When a minor
21		is committed to any agency, the court shall appoint the proper
22		officer or representative of the proper officer as legal
23		custodian or guardian of the person of the minor. Legal
24		custodians and guardians of the person of the minor have the
25		respective rights and duties set forth in subsection (9) of
26		Section 5-105 except as otherwise provided by order of court;

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1		but no guardian of the person may consent to adoption of the
2		minor. An agency whose representative is appointed guardian of
3		the person or legal custodian of the minor may place him or her
4		in any child care facility, but the facility must be licensed
5		under the Child Care Act of 1969 or have been approved by the
6		Department of Children and Family Services as meeting the
7		standards established for such licensing. Like authority and
8		restrictions shall be conferred by the court upon any probation
9		officer who has been appointed guardian of the person of a
10		minor.
11		(4) No placement by any probation officer or agency whose
12		representative is appointed guardian of the person or legal
13		custodian of a minor may be made in any out of State child care
14		facility unless it complies with the Interstate Compact on the
15		Placement of Children.
16		(5) The clerk of the court shall issue to the guardian or
17		legal custodian of the person a certified copy of the order of
18		court, as proof of his or her authority. No other process is
19		necessary as authority for the keeping of the minor.
20		(6) Legal custody or guardianship granted under this
21		Section continues until the court otherwise directs, but not
22		after the minor reaches the age of 21 years except as set forth
23		in Section 5-750.
24		(Source: P.A. 90-590, eff. 1-1-99.)
25		(705 ILCS 405/5-745)

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1		Sec. 5-745. Court review.
2		(1) The court may require any legal custodian or guardian
3		of the person appointed under this Act, including the
4		Department of Juvenile Justice for youth committed under
5		Section 5-750 of this Act, to report periodically to the court
6		or may cite him or her into court and require him or her, or his
7		or her agency, to make a full and accurate report of his or her
8		or its doings in behalf of the minor, including efforts to
9		secure post-release placement of the youth after release from
10		the Department's facilities. The legal custodian or guardian,
11		within 10 days after the citation, shall make the report,
12		either in writing verified by affidavit or orally under oath in
13		open court, or otherwise as the court directs. Upon the hearing
14		of the report the court may remove the legal custodian or
15		guardian and appoint another in his or her stead or restore the
16		minor to the custody of his or her parents or former guardian
17		or legal custodian.
18		(2) A guardian or legal custodian appointed by the court
19		under Section 5-740 of this Act shall file updated case plans
20		with the court every 6 months. Every agency which has
21		guardianship of a child shall file a supplemental petition for
22		court review, or review by an administrative body appointed or
23		approved by the court and further order within 18 months of the
24		sentencing order and each 18 months thereafter. The petition
25		shall state facts relative to the child's present condition of
26		physical, mental and emotional health as well as facts relative

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1		to his or her present custodial or foster care. The petition
2		shall be set for hearing and the clerk shall mail 10 days
3		notice of the hearing by certified mail, return receipt
4		requested, to the person or agency having the physical custody
5		of the child, the minor and other interested parties unless a
6		written waiver of notice is filed with the petition.
7		If the minor is in the custody of the Illinois Department
8		of Children and Family Services, pursuant to an order entered
9		under this Article, the court shall conduct permanency hearings
10		as set out in subsections (1), (2), and (3) of Section 2-28 of
11		Article II of this Act.
12		Rights of wards of the court under this Act are enforceable
13		against any public agency by complaints for relief by mandamus
14		filed in any proceedings brought under this Act.
15		(3) The minor or any person interested in the minor may
16		apply to the court for a change in custody of the minor and the
17		appointment of a new custodian or guardian of the person or for
18		the restoration of the minor to the custody of his or her
19		parents or former guardian or custodian. In the event that the
20		minor has attained 18 years of age and the guardian or
21		custodian petitions the court for an order terminating his or
22		her guardianship or custody, guardianship or legal custody
23		shall terminate automatically 30 days after the receipt of the
24		petition unless the court orders otherwise. No legal custodian
25		or guardian of the person may be removed without his or her
26		consent until given notice and an opportunity to be heard by

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1		the court.
2		(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)
3		Section 15. The Illinois Controlled Substances Act is
4		amended by changing Section 509 as follows:
5		(720 ILCS 570/509) (from Ch. 56 1/2, par. 1509)
6		Sec. 509. Whenever any court in this State grants probation
7		to any person that the court has reason to believe is or has
8		been an addict or unlawful possessor of controlled substances,
9		the court shall require, as a condition of probation, that the
10		probationer submit to periodic tests by the Department of
11		Corrections to determine by means of appropriate chemical
12		detection tests whether the probationer is using controlled
13		substances. The court may require as a condition of probation
14		that the probationer enter an approved treatment program, if
15		the court determines that the probationer is addicted to a
16		controlled substance. Whenever the Prisoner Review Parole and
17		Pardon Board grants parole or the Department of Juvenile
18		Justice grants aftercare release to a person believed to have
19		whom the Board has reason to believe has been an unlawful
20		possessor or addict of controlled substances, the Board or
21		Department shall require as a condition of parole or aftercare
22		release that the parolee or aftercare releasee submit to
23		appropriate periodic chemical tests by the Department of
24		Corrections or the Department of Juvenile Justice to determine

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1		whether the parolee or aftercare releasee is using controlled
2		substances.
3		(Source: P.A. 98-558, eff. 1-1-14.)
4		Section 20. The Rights of Crime Victims and Witnesses Act
5		is amended by changing Sections 4.5 and 5 as follows:
6		(725 ILCS 120/4.5)
7		Sec. 4.5. Procedures to implement the rights of crime
8		victims. To afford crime victims their rights, law enforcement,
9		prosecutors, judges and corrections will provide information,
10		as appropriate of the following procedures:
11		(a) At the request of the crime victim, law enforcement
12		authorities investigating the case shall provide notice of the
13		status of the investigation, except where the State's Attorney
14		determines that disclosure of such information would
15		unreasonably interfere with the investigation, until such time
16		as the alleged assailant is apprehended or the investigation is
17		closed.
18		(a-5) When law enforcement authorities re-open a closed
19		case to resume investigating, they shall provide notice of the
20		re-opening of the case, except where the State's Attorney
21		determines that disclosure of such information would
22		unreasonably interfere with the investigation.
23		(b) The office of the State's Attorney:
24		(1) shall provide notice of the filing of an

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1		information, the return of an indictment, or the filing of
2		a petition to adjudicate a minor as a delinquent for a
3		violent crime;
4		(2) shall provide timely notice of the date, time, and
5		place of court proceedings; of any change in the date,
6		time, and place of court proceedings; and of any
7		cancellation of court proceedings. Notice shall be
8		provided in sufficient time, wherever possible, for the
9		victim to make arrangements to attend or to prevent an
10		unnecessary appearance at court proceedings;
11		(3) or victim advocate personnel shall provide
12		information of social services and financial assistance
13		available for victims of crime, including information of
14		how to apply for these services and assistance;
15		(3.5) or victim advocate personnel shall provide
16		information about available victim services, including
17		referrals to programs, counselors, and agencies that
18		assist a victim to deal with trauma, loss, and grief;
19		(4) shall assist in having any stolen or other personal
20		property held by law enforcement authorities for
21		evidentiary or other purposes returned as expeditiously as
22		possible, pursuant to the procedures set out in Section
23		115-9 of the Code of Criminal Procedure of 1963;
24		(5) or victim advocate personnel shall provide
25		appropriate employer intercession services to ensure that
26		employers of victims will cooperate with the criminal

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1		justice system in order to minimize an employee's loss of
2		pay and other benefits resulting from court appearances;
3		(6) shall provide, whenever possible, a secure waiting
4		area during court proceedings that does not require victims
5		to be in close proximity to defendants or juveniles accused
6		of a violent crime, and their families and friends;
7		(7) shall provide notice to the crime victim of the
8		right to have a translator present at all court proceedings
9		and, in compliance with the federal Americans with
10		Disabilities Act of 1990, the right to communications
11		access through a sign language interpreter or by other
12		means;
13		(8) (blank);
14		(8.5) shall inform the victim of the right to be
15		present at all court proceedings, unless the victim is to
16		testify and the court determines that the victim's
17		testimony would be materially affected if the victim hears
18		other testimony at trial;
19		(9) shall inform the victim of the right to have
20		present at all court proceedings, subject to the rules of
21		evidence and confidentiality, an advocate and other
22		support person of the victim's choice;
23		(9.3) shall inform the victim of the right to retain an
24		attorney, at the victim's own expense, who, upon written
25		notice filed with the clerk of the court and State's
26		Attorney, is to receive copies of all notices, motions and

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1		court orders filed thereafter in the case, in the same
2		manner as if the victim were a named party in the case;
3		(9.5) shall inform the victim of (A) the victim's right
4		under Section 6 of this Act to make a victim impact
5		statement at the sentencing hearing; (B) the right of the
6		victim's spouse, guardian, parent, grandparent and other
7		immediate family and household members under Section 6 of
8		this Act to present an impact statement at sentencing; and
9		(C) if a presentence report is to be prepared, the right of
10		the victim's spouse, guardian, parent, grandparent and
11		other immediate family and household members to submit
12		information to the preparer of the presentence report about
13		the effect the offense has had on the victim and the
14		person;
15		(10) at the sentencing shall make a good faith attempt
16		to explain the minimum amount of time during which the
17		defendant may actually be physically imprisoned. The
18		Office of the State's Attorney shall further notify the
19		crime victim of the right to request from the Prisoner
20		Review Board or Department of Juvenile Justice information
21		concerning the release of the defendant under subparagraph
22		(d)(1) of this Section;
23		(11) shall request restitution at sentencing and as
24		part of a plea agreement if the victim requests
25		restitution;
26		(12) shall, upon the court entering a verdict of not

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1		guilty by reason of insanity, inform the victim of the
2		notification services available from the Department of
3		Human Services, including the statewide telephone number,
4		under subparagraph (d)(2) of this Section;
5		(13) shall provide notice within a reasonable time
6		after receipt of notice from the custodian, of the release
7		of the defendant on bail or personal recognizance or the
8		release from detention of a minor who has been detained;
9		(14) shall explain in nontechnical language the
10		details of any plea or verdict of a defendant, or any
11		adjudication of a juvenile as a delinquent;
12		(15) shall make all reasonable efforts to consult with
13		the crime victim before the Office of the State's Attorney
14		makes an offer of a plea bargain to the defendant or enters
15		into negotiations with the defendant concerning a possible
16		plea agreement, and shall consider the written victim
17		impact statement, if prepared prior to entering into a plea
18		agreement. The right to consult with the prosecutor does
19		not include the right to veto a plea agreement or to insist
20		the case go to trial. If the State's Attorney has not
21		consulted with the victim prior to making an offer or
22		entering into plea negotiations with the defendant, the
23		Office of the State's Attorney shall notify the victim of
24		the offer or the negotiations within 2 business days and
25		confer with the victim;
26		(16) shall provide notice of the ultimate disposition

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1		of the cases arising from an indictment or an information,
2		or a petition to have a juvenile adjudicated as a
3		delinquent for a violent crime;
4		(17) shall provide notice of any appeal taken by the
5		defendant and information on how to contact the appropriate
6		agency handling the appeal, and how to request notice of
7		any hearing, oral argument, or decision of an appellate
8		court;
9		(18) shall provide timely notice of any request for
10		post-conviction review filed by the defendant under
11		Article 122 of the Code of Criminal Procedure of 1963, and
12		of the date, time and place of any hearing concerning the
13		petition. Whenever possible, notice of the hearing shall be
14		given within 48 hours of the court's scheduling of the
15		hearing; and
16		(19) shall forward a copy of any statement presented
17		under Section 6 to the Prisoner Review Board or Department
18		of Juvenile Justice to be considered by the Board in making
19		a its determination under Section 3-2.5-85 or subsection
20		(b) of Section 3-3-8 of the Unified Code of Corrections.
21		(c) The court shall ensure that the rights of the victim
22		are afforded.
23		(c-5) The following procedures shall be followed to afford
24		victims the rights guaranteed by Article I, Section 8.1 of the
25		Illinois Constitution:
26		(1) Written notice. A victim may complete a written

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1		notice of intent to assert rights on a form prepared by the
2		Office of the Attorney General and provided to the victim
3		by the State's Attorney. The victim may at any time provide
4		a revised written notice to the State's Attorney. The
5		State's Attorney shall file the written notice with the
6		court. At the beginning of any court proceeding in which
7		the right of a victim may be at issue, the court and
8		prosecutor shall review the written notice to determine
9		whether the victim has asserted the right that may be at
10		issue.
11		(2) Victim's retained attorney. A victim's attorney
12		shall file an entry of appearance limited to assertion of
13		the victim's rights. Upon the filing of the entry of
14		appearance and service on the State's Attorney and the
15		defendant, the attorney is to receive copies of all
16		notices, motions and court orders filed thereafter in the
17		case.
18		(3) Standing. The victim has standing to assert the
19		rights enumerated in subsection (a) of Article I, Section
20		8.1 of the Illinois Constitution and the statutory rights
21		under Section 4 of this Act in any court exercising
22		jurisdiction over the criminal case. The prosecuting
23		attorney, a victim, or the victim's retained attorney may
24		assert the victim's rights. The defendant in the criminal
25		case has no standing to assert a right of the victim in any
26		court proceeding, including on appeal.

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1		(4) Assertion of and enforcement of rights.
2		(A) The prosecuting attorney shall assert a
3		victim's right or request enforcement of a right by
4		filing a motion or by orally asserting the right or
5		requesting enforcement in open court in the criminal
6		case outside the presence of the jury. The prosecuting
7		attorney shall consult with the victim and the victim's
8		attorney regarding the assertion or enforcement of a
9		right. If the prosecuting attorney decides not to
10		assert or enforce a victim's right, the prosecuting
11		attorney shall notify the victim or the victim's
12		attorney in sufficient time to allow the victim or the
13		victim's attorney to assert the right or to seek
14		enforcement of a right.
15		(B) If the prosecuting attorney elects not to
16		assert a victim's right or to seek enforcement of a
17		right, the victim or the victim's attorney may assert
18		the victim's right or request enforcement of a right by
19		filing a motion or by orally asserting the right or
20		requesting enforcement in open court in the criminal
21		case outside the presence of the jury.
22		(C) If the prosecuting attorney asserts a victim's
23		right or seeks enforcement of a right, and the court
24		denies the assertion of the right or denies the request
25		for enforcement of a right, the victim or victim's
26		attorney may file a motion to assert the victim's right

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1		or to request enforcement of the right within 10 days
2		of the court's ruling. The motion need not demonstrate
3		the grounds for a motion for reconsideration. The court
4		shall rule on the merits of the motion.
5		(D) The court shall take up and decide any motion
6		or request asserting or seeking enforcement of a
7		victim's right without delay, unless a specific time
8		period is specified by law or court rule. The reasons
9		for any decision denying the motion or request shall be
10		clearly stated on the record.
11		(5) Violation of rights and remedies.
12		(A) If the court determines that a victim's right
13		has been violated, the court shall determine the
14		appropriate remedy for the violation of the victim's
15		right by hearing from the victim and the parties,
16		considering all factors relevant to the issue, and then
17		awarding appropriate relief to the victim.
18		(B) The appropriate remedy shall include only
19		actions necessary to provide the victim the right to
20		which the victim was entitled and may include reopening
21		previously held proceedings; however, in no event
22		shall the court vacate a conviction. Any remedy shall
23		be tailored to provide the victim an appropriate remedy
24		without violating any constitutional right of the
25		defendant. In no event shall the appropriate remedy be
26		a new trial, damages, or costs.

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1		(6) Right to be heard. Whenever a victim has the right
2		to be heard, the court shall allow the victim to exercise
3		the right in any reasonable manner the victim chooses.
4		(7) Right to attend trial. A party must file a written
5		motion to exclude a victim from trial at least 60 days
6		prior to the date set for trial. The motion must state with
7		specificity the reason exclusion is necessary to protect a
8		constitutional right of the party, and must contain an
9		offer of proof. The court shall rule on the motion within
10		30 days. If the motion is granted, the court shall set
11		forth on the record the facts that support its finding that
12		the victim's testimony will be materially affected if the
13		victim hears other testimony at trial.
14		(8) Right to have advocate present. A party who intends
15		to call an advocate as a witness must seek permission of
16		the court before the subpoena is issued. The party must
17		file a written motion and offer of proof regarding the
18		anticipated testimony of the advocate in sufficient time to
19		allow the court to rule and the victim to seek appellate
20		review. The court shall rule on the motion without delay.
21		(9) Right to notice and hearing before disclosure of
22		confidential or privileged information or records. A
23		defendant who seeks to subpoena records of or concerning
24		the victim that are confidential or privileged by law must
25		seek permission of the court before the subpoena is issued.
26		The defendant must file a written motion and an offer of

SB2777 Engrossed - 31 - LRB099 20630 RLC 45213 b
1		proof regarding the relevance, admissibility and
2		materiality of the records. If the court finds by a
3		preponderance of the evidence that: (A) the records are not
4		protected by an absolute privilege and (B) the records
5		contain relevant, admissible, and material evidence that
6		is not available through other witnesses or evidence, the
7		court shall issue a subpoena requiring a sealed copy of the
8		records be delivered to the court to be reviewed in camera.
9		If, after conducting an in camera review of the records,
10		the court determines that due process requires disclosure
11		of any portion of the records, the court shall provide
12		copies of what it intends to disclose to the prosecuting
13		attorney and the victim. The prosecuting attorney and the
14		victim shall have 30 days to seek appellate review before
15		the records are disclosed to the defendant. The disclosure
16		of copies of any portion of the records to the prosecuting
17		attorney does not make the records subject to discovery.
18		(10) Right to notice of court proceedings. If the
19		victim is not present at a court proceeding in which a
20		right of the victim is at issue, the court shall ask the
21		prosecuting attorney whether the victim was notified of the
22		time, place, and purpose of the court proceeding and that
23		the victim had a right to be heard at the court proceeding.
24		If the court determines that timely notice was not given or
25		that the victim was not adequately informed of the nature
26		of the court proceeding, the court shall not rule on any

SB2777 Engrossed - 32 - LRB099 20630 RLC 45213 b
1		substantive issues, accept a plea, or impose a sentence and
2		shall continue the hearing for the time necessary to notify
3		the victim of the time, place and nature of the court
4		proceeding. The time between court proceedings shall not be
5		attributable to the State under Section 103-5 of the Code
6		of Criminal Procedure of 1963.
7		(11) Right to timely disposition of the case. A victim
8		has the right to timely disposition of the case so as to
9		minimize the stress, cost, and inconvenience resulting
10		from the victim's involvement in the case. Before ruling on
11		a motion to continue trial or other court proceeding, the
12		court shall inquire into the circumstances for the request
13		for the delay and, if the victim has provided written
14		notice of the assertion of the right to a timely
15		disposition, and whether the victim objects to the delay.
16		If the victim objects, the prosecutor shall inform the
17		court of the victim's objections. If the prosecutor has not
18		conferred with the victim about the continuance, the
19		prosecutor shall inform the court of the attempts to
20		confer. If the court finds the attempts of the prosecutor
21		to confer with the victim were inadequate to protect the
22		victim's right to be heard, the court shall give the
23		prosecutor at least 3 but not more than 5 business days to
24		confer with the victim. In ruling on a motion to continue,
25		the court shall consider the reasons for the requested
26		continuance, the number and length of continuances that

SB2777 Engrossed - 33 - LRB099 20630 RLC 45213 b
1		have been granted, the victim's objections and procedures
2		to avoid further delays. If a continuance is granted over
3		the victim's objection, the court shall specify on the
4		record the reasons for the continuance and the procedures
5		that have been or will be taken to avoid further delays.
6		(12) Right to Restitution.
7		(A) If the victim has asserted the right to
8		restitution and the amount of restitution is known at
9		the time of sentencing, the court shall enter the
10		judgment of restitution at the time of sentencing.
11		(B) If the victim has asserted the right to
12		restitution and the amount of restitution is not known
13		at the time of sentencing, the prosecutor shall, within
14		5 days after sentencing, notify the victim what
15		information and documentation related to restitution
16		is needed and that the information and documentation
17		must be provided to the prosecutor within 45 days after
18		sentencing. Failure to timely provide information and
19		documentation related to restitution shall be deemed a
20		waiver of the right to restitution. The prosecutor
21		shall file and serve within 60 days after sentencing a
22		proposed judgment for restitution and a notice that
23		includes information concerning the identity of any
24		victims or other persons seeking restitution, whether
25		any victim or other person expressly declines
26		restitution, the nature and amount of any damages

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1		together with any supporting documentation, a
2		restitution amount recommendation, and the names of
3		any co-defendants and their case numbers. Within 30
4		days after receipt of the proposed judgment for
5		restitution, the defendant shall file any objection to
6		the proposed judgment, a statement of grounds for the
7		objection, and a financial statement. If the defendant
8		does not file an objection, the court may enter the
9		judgment for restitution without further proceedings.
10		If the defendant files an objection and either party
11		requests a hearing, the court shall schedule a hearing.
12		(13) Access to presentence reports.
13		(A) The victim may request a copy of the
14		presentence report prepared under the Unified Code of
15		Corrections from the State's Attorney. The State's
16		Attorney shall redact the following information before
17		providing a copy of the report:
18		(i) the defendant's mental history and
19		condition;
20		(ii) any evaluation prepared under subsection
21		(b) or (b-5) of Section 5-3-2; and
22		(iii) the name, address, phone number, and
23		other personal information about any other victim.
24		(B) The State's Attorney or the defendant may
25		request the court redact other information in the
26		report that may endanger the safety of any person.

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1		(C) The State's Attorney may orally disclose to the
2		victim any of the information that has been redacted if
3		there is a reasonable likelihood that the information
4		will be stated in court at the sentencing.
5		(D) The State's Attorney must advise the victim
6		that the victim must maintain the confidentiality of
7		the report and other information. Any dissemination of
8		the report or information that was not stated at a
9		court proceeding constitutes indirect criminal
10		contempt of court.
11		(14) Appellate relief. If the trial court denies the
12		relief requested, the victim, the victim's attorney or the
13		prosecuting attorney may file an appeal within 30 days of
14		the trial court's ruling. The trial or appellate court may
15		stay the court proceedings if the court finds that a stay
16		would not violate a constitutional right of the defendant.
17		If the appellate court denies the relief sought, the
18		reasons for the denial shall be clearly stated in a written
19		opinion. In any appeal in a criminal case, the State may
20		assert as error the court's denial of any crime victim's
21		right in the proceeding to which the appeal relates.
22		(15) Limitation on appellate relief. In no case shall
23		an appellate court provide a new trial to remedy the
24		violation of a victim's right.
25		(d)(1) The Prisoner Review Board shall inform a victim or
26		any other concerned citizen, upon written request, of the

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1		prisoner's release on parole, aftercare release, mandatory
2		supervised release, electronic detention, work release,
3		international transfer or exchange, or by the custodian, other
4		than the Department of Juvenile Justice, of the discharge of
5		any individual who was adjudicated a delinquent for a crime
6		from State custody and by the sheriff of the appropriate county
7		of any such person's final discharge from county custody. The
8		Prisoner Review Board, upon written request, shall provide to a
9		victim or any other concerned citizen a recent photograph of
10		any person convicted of a felony, upon his or her release from
11		custody. The Prisoner Review Board, upon written request, shall
12		inform a victim or any other concerned citizen when feasible at
13		least 7 days prior to the prisoner's release on furlough of the
14		times and dates of such furlough. Upon written request by the
15		victim or any other concerned citizen, the State's Attorney
16		shall notify the person once of the times and dates of release
17		of a prisoner sentenced to periodic imprisonment. Notification
18		shall be based on the most recent information as to victim's or
19		other concerned citizen's residence or other location
20		available to the notifying authority.
21		(2) When the defendant has been committed to the Department
22		of Human Services pursuant to Section 5-2-4 or any other
23		provision of the Unified Code of Corrections, the victim may
24		request to be notified by the releasing authority of the
25		approval by the court of an on-grounds pass, a supervised
26		off-grounds pass, an unsupervised off-grounds pass, or

SB2777 Engrossed - 37 - LRB099 20630 RLC 45213 b
1		conditional release; the release on an off-grounds pass; the
2		return from an off-grounds pass; transfer to another facility;
3		conditional release; escape; death; or final discharge from
4		State custody. The Department of Human Services shall establish
5		and maintain a statewide telephone number to be used by victims
6		to make notification requests under these provisions and shall
7		publicize this telephone number on its website and to the
8		State's Attorney of each county.
9		(3) In the event of an escape from State custody, the
10		Department of Corrections or the Department of Juvenile Justice
11		immediately shall notify the Prisoner Review Board of the
12		escape and the Prisoner Review Board shall notify the victim.
13		The notification shall be based upon the most recent
14		information as to the victim's residence or other location
15		available to the Board. When no such information is available,
16		the Board shall make all reasonable efforts to obtain the
17		information and make the notification. When the escapee is
18		apprehended, the Department of Corrections or the Department of
19		Juvenile Justice immediately shall notify the Prisoner Review
20		Board and the Board shall notify the victim.
21		(4) The victim of the crime for which the prisoner has been
22		sentenced shall receive reasonable written notice not less than
23		30 days prior to the parole or aftercare release hearing or
24		target aftercare release date and may submit, in writing, on
25		film, videotape or other electronic means or in the form of a
26		recording prior to the parole hearing or target aftercare

SB2777 Engrossed - 38 - LRB099 20630 RLC 45213 b
1		release date or in person at the parole hearing or aftercare
2		release protest hearing or if a victim of a violent crime, by
3		calling the toll-free number established in subsection (f) of
4		this Section, information for consideration by the Prisoner
5		Review Board or Department of Juvenile Justice. The victim
6		shall be notified within 7 days after the prisoner has been
7		granted parole or aftercare release and shall be informed of
8		the right to inspect the registry of parole or aftercare
9		release decisions, established under subsection (g) of Section
10		3-3-5 of the Unified Code of Corrections. The provisions of
11		this paragraph (4) are subject to the Open Parole Hearings Act.
12		(5) If a statement is presented under Section 6, the
13		Prisoner Review Board or Department of Juvenile Justice shall
14		inform the victim of any order of discharge entered by the
15		Board pursuant to Section 3-2.5-85 or 3-3-8 of the Unified Code
16		of Corrections.
17		(6) At the written or oral request of the victim of the
18		crime for which the prisoner was sentenced or the State's
19		Attorney of the county where the person seeking parole or
20		aftercare release was prosecuted, the Prisoner Review Board or
21		Department of Juvenile Justice shall notify the victim and the
22		State's Attorney of the county where the person seeking parole
23		or aftercare release was prosecuted of the death of the
24		prisoner if the prisoner died while on parole or aftercare
25		release or mandatory supervised release.
26		(7) When a defendant who has been committed to the

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1		Department of Corrections, the Department of Juvenile Justice,
2		or the Department of Human Services is released or discharged
3		and subsequently committed to the Department of Human Services
4		as a sexually violent person and the victim had requested to be
5		notified by the releasing authority of the defendant's
6		discharge, conditional release, death, or escape from State
7		custody, the releasing authority shall provide to the
8		Department of Human Services such information that would allow
9		the Department of Human Services to contact the victim.
10		(8) When a defendant has been convicted of a sex offense as
11		defined in Section 2 of the Sex Offender Registration Act and
12		has been sentenced to the Department of Corrections or the
13		Department of Juvenile Justice, the Prisoner Review Board or
14		the Department of Juvenile Justice shall notify the victim of
15		the sex offense of the prisoner's eligibility for release on
16		parole, aftercare release, mandatory supervised release,
17		electronic detention, work release, international transfer or
18		exchange, or by the custodian of the discharge of any
19		individual who was adjudicated a delinquent for a sex offense
20		from State custody and by the sheriff of the appropriate county
21		of any such person's final discharge from county custody. The
22		notification shall be made to the victim at least 30 days,
23		whenever possible, before release of the sex offender.
24		(e) The officials named in this Section may satisfy some or
25		all of their obligations to provide notices and other
26		information through participation in a statewide victim and

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1		witness notification system established by the Attorney
2		General under Section 8.5 of this Act.
3		(f) To permit a crime victim of a violent crime to provide
4		information to the Prisoner Review Board or the Department of
5		Juvenile Justice for consideration by the Board or Department
6		at a parole hearing or before an aftercare release decision
7		hearing of a person who committed the crime against the victim
8		in accordance with clause (d)(4) of this Section or at a
9		proceeding to determine the conditions of mandatory supervised
10		release of a person sentenced to a determinate sentence or at a
11		hearing on revocation of mandatory supervised release of a
12		person sentenced to a determinate sentence, the Board shall
13		establish a toll-free number that may be accessed by the victim
14		of a violent crime to present that information to the Board.
15		(Source: P.A. 98-372, eff. 1-1-14; 98-558, eff. 1-1-14; 98-756,
16		eff. 7-16-14; 99-413, eff. 8-20-15.)
17		(725 ILCS 120/5) (from Ch. 38, par. 1405)
18		Sec. 5. Rights of Witnesses.
19		(a) Witnesses as defined in subsection (b) of Section 3 of
20		this Act shall have the following rights:
21		(1) to be notified by the Office of the State's
22		Attorney of all court proceedings at which the witness'
23		presence is required in a reasonable amount of time prior
24		to the proceeding, and to be notified of the cancellation
25		of any scheduled court proceeding in sufficient time to

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1		prevent an unnecessary appearance in court, where
2		possible;
3		(2) to be provided with appropriate employer
4		intercession services by the Office of the State's Attorney
5		or the victim advocate personnel to ensure that employers
6		of witnesses will cooperate with the criminal justice
7		system in order to minimize an employee's loss of pay and
8		other benefits resulting from court appearances;
9		(3) to be provided, whenever possible, a secure waiting
10		area during court proceedings that does not require
11		witnesses to be in close proximity to defendants and their
12		families and friends;
13		(4) to be provided with notice by the Office of the
14		State's Attorney, where necessary, of the right to have a
15		translator present whenever the witness' presence is
16		required and, in compliance with the federal Americans with
17		Disabilities Act of 1990, to be provided with notice of the
18		right to communications access through a sign language
19		interpreter or by other means.
20		(b) At the written request of the witness, the witness
21		shall:
22		(1) receive notice from the office of the State's
23		Attorney of any request for post-conviction review filed by
24		the defendant under Article 122 of the Code of Criminal
25		Procedure of 1963, and of the date, time, and place of any
26		hearing concerning the petition for post-conviction

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1		review; whenever possible, notice of the hearing on the
2		petition shall be given in advance;
3		(2) receive notice by the releasing authority of the
4		defendant's discharge from State custody if the defendant
5		was committed to the Department of Human Services under
6		Section 5-2-4 or any other provision of the Unified Code of
7		Corrections;
8		(3) receive notice from the Prisoner Review Board of
9		the prisoner's escape from State custody, after the Board
10		has been notified of the escape by the Department of
11		Corrections or the Department of Juvenile Justice; when the
12		escapee is apprehended, the Department of Corrections or
13		the Department of Juvenile Justice shall immediately
14		notify the Prisoner Review Board and the Board shall notify
15		the witness;
16		(4) receive notice from the Prisoner Review Board or
17		the Department of Juvenile Justice of the prisoner's
18		release on parole, aftercare release, electronic
19		detention, work release or mandatory supervised release
20		and of the prisoner's final discharge from parole,
21		aftercare release, electronic detention, work release, or
22		mandatory supervised release.
23		(Source: P.A. 98-558, eff. 1-1-14.)
24		Section 25. The Sexually Violent Persons Commitment Act is
25		amended by changing Section 15 as follows:

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1		(725 ILCS 207/15)
2		Sec. 15. Sexually violent person petition; contents;
3		filing.
4		(a) A petition alleging that a person is a sexually violent
5		person must be filed before the release or discharge of the
6		person or within 30 days of placement onto parole, aftercare
7		release, or mandatory supervised release for an offense
8		enumerated in paragraph (e) of Section 5 of this Act. A
9		petition may be filed by the following:
10		(1) The Attorney General on his or her own motion,
11		after consulting with and advising the State's Attorney of
12		the county in which the person was convicted of a sexually
13		violent offense, adjudicated delinquent for a sexually
14		violent offense or found not guilty of or not responsible
15		for a sexually violent offense by reason of insanity,
16		mental disease, or mental defect; or
17		(2) The State's Attorney of the county referenced in
18		paragraph (1)(a)(1) of this Section, on his or her own
19		motion; or
20		(3) The Attorney General and the State's Attorney of
21		the county referenced in paragraph (1)(a)(1) of this
22		Section may jointly file a petition on their own motion; or
23		(4) A petition may be filed at the request of the
24		agency with jurisdiction over the person, as defined in
25		subsection (a) of Section 10 of this Act, by:

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1		(a) the Attorney General;
2		(b) the State's Attorney of the county referenced
3		in paragraph (1)(a)(1) of this Section; or
4		(c) the Attorney General and the State's Attorney
5		jointly.
6		(b) A petition filed under this Section shall allege that
7		all of the following apply to the person alleged to be a
8		sexually violent person:
9		(1) The person satisfies any of the following criteria:
10		(A) The person has been convicted of a sexually
11		violent offense;
12		(B) The person has been found delinquent for a
13		sexually violent offense; or
14		(C) The person has been found not guilty of a
15		sexually violent offense by reason of insanity, mental
16		disease, or mental defect.
17		(2) (Blank).
18		(3) (Blank).
19		(4) The person has a mental disorder.
20		(5) The person is dangerous to others because the
21		person's mental disorder creates a substantial probability
22		that he or she will engage in acts of sexual violence.
23		(b-5) The petition must be filed no more than 90 days
24		before discharge or entry into mandatory supervised release
25		from a Department of Corrections or aftercare release from the
26		Department of Juvenile Justice correctional facility for a

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1		sentence that was imposed upon a conviction for a sexually
2		violent offense. For inmates sentenced under the law in effect
3		prior to February 1, 1978, the petition shall be filed no more
4		than 90 days after the Prisoner Review Board's order granting
5		parole pursuant to Section 3-3-5 of the Unified Code of
6		Corrections.
7		(b-6) The petition must be filed no more than 90 days
8		before discharge or release:
9		(1) from a Department of Juvenile Justice juvenile
10		correctional facility if the person was placed in the
11		facility for being adjudicated delinquent under Section
12		5-20 of the Juvenile Court Act of 1987 or found guilty
13		under Section 5-620 of that Act on the basis of a sexually
14		violent offense; or
15		(2) from a commitment order that was entered as a
16		result of a sexually violent offense.
17		(b-7) A person convicted of a sexually violent offense
18		remains eligible for commitment as a sexually violent person
19		pursuant to this Act under the following circumstances: (1) the
20		person is in custody for a sentence that is being served
21		concurrently or consecutively with a sexually violent offense;
22		(2) the person returns to the custody of the Illinois
23		Department of Corrections or the Department of Juvenile Justice
24		for any reason during the term of parole, aftercare release, or
25		mandatory supervised release being served for a sexually
26		violent offense; or (3) the person is convicted or adjudicated

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1		delinquent for any offense committed during the term of parole,
2		aftercare release, or mandatory supervised release being
3		served for a sexually violent offense, regardless of whether
4		that conviction or adjudication was for a sexually violent
5		offense.
6		(c) A petition filed under this Section shall state with
7		particularity essential facts to establish probable cause to
8		believe the person is a sexually violent person. If the
9		petition alleges that a sexually violent offense or act that is
10		a basis for the allegation under paragraph (b)(1) of this
11		Section was an act that was sexually motivated as provided
12		under paragraph (e)(2) of Section 5 of this Act, the petition
13		shall state the grounds on which the offense or act is alleged
14		to be sexually motivated.
15		(d) A petition under this Section shall be filed in either
16		of the following:
17		(1) The circuit court for the county in which the
18		person was convicted of a sexually violent offense,
19		adjudicated delinquent for a sexually violent offense or
20		found not guilty of a sexually violent offense by reason of
21		insanity, mental disease or mental defect.
22		(2) The circuit court for the county in which the
23		person is in custody under a sentence, a placement to a
24		Department of Corrections correctional facility or a
25		Department of Juvenile Justice juvenile correctional
26		facility, or a commitment order.

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1		(e) The filing of a petition under this Act shall toll the
2		running of the term of parole or mandatory supervised release
3		until:
4		(1) dismissal of the petition filed under this Act;
5		(2) a finding by a judge or jury that the respondent is
6		not a sexually violent person; or
7		(3) the sexually violent person is discharged under
8		Section 65 of this Act.
9		(f) The State has the right to have the person evaluated by
10		experts chosen by the State. The agency with jurisdiction as
11		defined in Section 10 of this Act shall allow the expert
12		reasonable access to the person for purposes of examination, to
13		the person's records, and to past and present treatment
14		providers and any other staff members relevant to the
15		examination.
16		(Source: P.A. 98-558, eff. 1-1-14.)
17		Section 30. The Unified Code of Corrections is amended by
18		changing Sections 3-2-3.1, 3-2-5, 3-2.5-20, 3-2.5-70,
19		3-2.5-80, 3-3-1, 3-3-2, 3-3-3, 3-3-4, 3-3-5, 3-3-7, 3-3-8,
20		3-3-9, 3-3-10, 3-10-7, 5-8-6, 5-8A-3, and 5-8A-7 and by adding
21		Sections 3-2.5-85, 3-2.5-90, 3-2.5-95, 3-2.5-100, and 3-3-9.5
22		as follows:
23		(730 ILCS 5/3-2-3.1) (from Ch. 38, par. 1003-2-3.1)
24		Sec. 3-2-3.1. Treaties. If a treaty in effect between the

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1		United States and a foreign country provides for the transfer
2		or exchange of convicted offenders to the country of which they
3		are citizens or nationals, the Governor may, on behalf of the
4		State and subject to the terms of the treaty, authorize the
5		Director of Corrections or the Director of Juvenile Justice to
6		consent to the transfer or exchange of offenders and take any
7		other action necessary to initiate the participation of this
8		State in the treaty. Before any transfer or exchange may occur,
9		the Director of Corrections shall notify in writing the
10		Prisoner Review Board and the Office of the State's Attorney
11		which obtained the defendant's conviction, or the Director of
12		Juvenile Justice shall notify in writing the Office of the
13		State's Attorney which obtained the youth's conviction.
14		(Source: P.A. 95-317, eff. 8-21-07.)
15		(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
16		Sec. 3-2-5. Organization of the Department of Corrections
17		and the Department of Juvenile Justice.
18		(a) There shall be a Department of Corrections which shall
19		be administered by a Director and an Assistant Director
20		appointed by the Governor under the Civil Administrative Code
21		of Illinois. The Assistant Director shall be under the
22		direction of the Director. The Department of Corrections shall
23		be responsible for all persons committed or transferred to the
24		Department under Sections 3-10-7 or 5-8-6 of this Code.
25		(b) There shall be a Department of Juvenile Justice which

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1		shall be administered by a Director appointed by the Governor
2		under the Civil Administrative Code of Illinois. The Department
3		of Juvenile Justice shall be responsible for all persons under
4		18 17 years of age when sentenced to imprisonment and committed
5		to the Department under subsection (c) of Section 5-8-6 of this
6		Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
7		of the Juvenile Court Act of 1987. Persons under 18 17 years of
8		age committed to the Department of Juvenile Justice pursuant to
9		this Code shall be sight and sound separate from adult
10		offenders committed to the Department of Corrections.
11		(c) The Department shall create a gang intelligence unit
12		under the supervision of the Director. The unit shall be
13		specifically designed to gather information regarding the
14		inmate gang population, monitor the activities of gangs, and
15		prevent the furtherance of gang activities through the
16		development and implementation of policies aimed at deterring
17		gang activity. The Director shall appoint a Corrections
18		Intelligence Coordinator.
19		All information collected and maintained by the unit shall
20		be highly confidential, and access to that information shall be
21		restricted by the Department. The information shall be used to
22		control and limit the activities of gangs within correctional
23		institutions under the jurisdiction of the Illinois Department
24		of Corrections and may be shared with other law enforcement
25		agencies in order to curb gang activities outside of
26		correctional institutions under the jurisdiction of the

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1		Department and to assist in the investigations and prosecutions
2		of gang activity. The Department shall establish and promulgate
3		rules governing the release of information to outside law
4		enforcement agencies. Due to the highly sensitive nature of the
5		information, the information is exempt from requests for
6		disclosure under the Freedom of Information Act as the
7		information contained is highly confidential and may be harmful
8		if disclosed.
9		(Source: P.A. 97-800, eff. 7-13-12; 97-1083, eff. 8-24-12;
10		98-463, eff. 8-16-13.)
11		(730 ILCS 5/3-2.5-20)
12		Sec. 3-2.5-20. General powers and duties.
13		(a) In addition to the powers, duties, and responsibilities
14		which are otherwise provided by law or transferred to the
15		Department as a result of this Article, the Department, as
16		determined by the Director, shall have, but are not limited to,
17		the following rights, powers, functions and duties:
18		(1) To accept juveniles committed to it by the courts
19		of this State for care, custody, treatment, and
20		rehabilitation.
21		(2) To maintain and administer all State juvenile
22		correctional institutions previously under the control of
23		the Juvenile and Women's & Children Divisions of the
24		Department of Corrections, and to establish and maintain
25		institutions as needed to meet the needs of the youth

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1		committed to its care.
2		(3) To identify the need for and recommend the funding
3		and implementation of an appropriate mix of programs and
4		services within the juvenile justice continuum, including
5		but not limited to prevention, nonresidential and
6		residential commitment programs, day treatment, and
7		conditional release programs and services, with the
8		support of educational, vocational, alcohol, drug abuse,
9		and mental health services where appropriate.
10		(3.5) To assist youth committed to the Department of
11		Juvenile Justice under the Juvenile Court Act of 1987 with
12		successful reintegration into society, the Department
13		shall retain custody and control of all adjudicated
14		delinquent juveniles released under Section 3-2.5-85 or
15		3-3-10 of this Code, shall provide a continuum of
16		post-release treatment and services to those youth, and
17		shall supervise those youth during their release period in
18		accordance with the conditions set by the Department or the
19		Prisoner Review Board.
20		(4) To establish and provide transitional and
21		post-release treatment programs for juveniles committed to
22		the Department. Services shall include but are not limited
23		to:
24		(i) family and individual counseling and treatment
25		placement;
26		(ii) referral services to any other State or local

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1		agencies;
2		(iii) mental health services;
3		(iv) educational services;
4		(v) family counseling services; and
5		(vi) substance abuse services.
6		(5) To access vital records of juveniles for the
7		purposes of providing necessary documentation for
8		transitional services such as obtaining identification,
9		educational enrollment, employment, and housing.
10		(6) To develop staffing and workload standards and
11		coordinate staff development and training appropriate for
12		juvenile populations.
13		(7) To develop, with the approval of the Office of the
14		Governor and the Governor's Office of Management and
15		Budget, annual budget requests.
16		(8) To administer the Interstate Compact for
17		Juveniles, with respect to all juveniles under its
18		jurisdiction, and to cooperate with the Department of Human
19		Services with regard to all non-offender juveniles subject
20		to the Interstate Compact for Juveniles.
21		(9) To decide the date of release on aftercare for
22		youth committed to the Department under Section 5-750 of
23		the Juvenile Court Act of 1987.
24		(10) To set conditions of aftercare release for all
25		youth committed to the Department under the Juvenile Court
26		Act of 1987.

SB2777 Engrossed - 53 - LRB099 20630 RLC 45213 b
1		(b) The Department may employ personnel in accordance with
2		the Personnel Code and Section 3-2.5-15 of this Code, provide
3		facilities, contract for goods and services, and adopt rules as
4		necessary to carry out its functions and purposes, all in
5		accordance with applicable State and federal law.
6		(c) On and after the date 6 months after August 16, 2013
7		(the effective date of Public Act 98-488), as provided in the
8		Executive Order 1 (2012) Implementation Act, all of the powers,
9		duties, rights, and responsibilities related to State
10		healthcare purchasing under this Code that were transferred
11		from the Department of Corrections to the Department of
12		Healthcare and Family Services by Executive Order 3 (2005) are
13		transferred back to the Department of Corrections; however,
14		powers, duties, rights, and responsibilities related to State
15		healthcare purchasing under this Code that were exercised by
16		the Department of Corrections before the effective date of
17		Executive Order 3 (2005) but that pertain to individuals
18		resident in facilities operated by the Department of Juvenile
19		Justice are transferred to the Department of Juvenile Justice.
20		(Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14;
21		98-756, eff. 7-16-14.)
22		(730 ILCS 5/3-2.5-70)
23		Sec. 3-2.5-70. Aftercare.
24		(a) The Department shall implement an aftercare program
25		that includes, at a minimum, the following program elements:

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1		(1) A process for developing and implementing a case
2		management plan for timely and successful reentry into the
3		community beginning upon commitment.
4		(2) A process for reviewing committed youth for
5		recommendation for aftercare release.
6		(3) Supervision in accordance with the conditions set
7		by the Department or Prisoner Review Board and referral to
8		and facilitation of community-based services including
9		education, social and mental health services, substance
10		abuse treatment, employment and vocational training,
11		individual and family counseling, financial counseling,
12		and other services as appropriate; and assistance in
13		locating appropriate residential placement and obtaining
14		suitable employment. The Department may purchase necessary
15		services for a releasee if they are otherwise unavailable
16		and the releasee is unable to pay for the services. It may
17		assess all or part of the costs of these services to a
18		releasee in accordance with his or her ability to pay for
19		the services.
20		(4) Standards for sanctioning violations of conditions
21		of aftercare release that ensure that juvenile offenders
22		face uniform and consistent consequences that hold them
23		accountable taking into account aggravating and mitigating
24		factors and prioritizing public safety.
25		(5) A process for reviewing youth on aftercare release
26		for discharge.

SB2777 Engrossed - 55 - LRB099 20630 RLC 45213 b
1		(b) The Department of Juvenile Justice shall have the
2		following rights, powers, functions, and duties:
3		(1) To investigate alleged violations of an aftercare
4		releasee's conditions of release; and for this purpose it
5		may issue subpoenas and compel the attendance of witnesses
6		and the production of documents only if there is reason to
7		believe that the procedures would provide evidence that the
8		violations have occurred. If any person fails to obey a
9		subpoena issued under this subsection, the Director may
10		apply to any circuit court to secure compliance with the
11		subpoena. The failure to comply with the order of the court
12		issued in response thereto shall be punishable as contempt
13		of court.
14		(2) To issue a violation warrant for the apprehension
15		of an aftercare releasee for violations of the conditions
16		of aftercare release. Aftercare specialists and
17		supervisors have the full power of peace officers in the
18		retaking of any youth alleged to have violated the
19		conditions of aftercare release.
20		(c) The Department of Juvenile Justice shall designate
21		aftercare specialists qualified in juvenile matters to perform
22		case management and post-release programming functions under
23		this Section.
24		(Source: P.A. 98-558, eff. 1-1-14.)
25		(730 ILCS 5/3-2.5-80)

SB2777 Engrossed - 56 - LRB099 20630 RLC 45213 b
1		Sec. 3-2.5-80. Supervision on Aftercare Release.
2		(a) The Department shall retain custody of all youth placed
3		on aftercare release or released under Section 3-2.5-85 or
4		3-3-10 of this Code. The Department shall supervise those youth
5		during their aftercare release period in accordance with the
6		conditions set by the Department or Prisoner Review Board.
7		(b) A copy of youth's conditions of aftercare release shall
8		be signed by the youth and given to the youth and to his or her
9		aftercare specialist who shall report on the youth's progress
10		under the rules of the Department Prisoner Review Board.
11		Aftercare specialists and supervisors shall have the full power
12		of peace officers in the retaking of any releasee who has
13		allegedly violated his or her aftercare release conditions. The
14		aftercare specialist may request the Department of Juvenile
15		Justice to issue a warrant for the arrest of any releasee who
16		has allegedly violated his or her aftercare release conditions.
17		(c) The aftercare supervisor shall request the Department
18		of Juvenile Justice to issue an aftercare release violation
19		warrant, and the Department of Juvenile Justice shall issue an
20		aftercare release violation warrant, under the following
21		circumstances:
22		(1) if the releasee has a subsequent delinquency
23		petition filed against him or her alleging commission of an
24		act that constitutes a felony using a firearm or knife;
25		(2) if the releasee is required to and fails to comply
26		with the requirements of the Sex Offender Registration Act;

SB2777 Engrossed - 57 - LRB099 20630 RLC 45213 b
1		(3) (blank); or
2		(4) if the releasee is on aftercare release for a
3		murder, a Class X felony or a Class 1 felony violation of
4		the Criminal Code of 2012, or any felony that requires
5		registration as a sex offender under the Sex Offender
6		Registration Act and a subsequent delinquency petition is
7		filed against him or her alleging commission of an act that
8		constitutes first degree murder, a Class X felony, a Class
9		1 felony, a Class 2 felony, or a Class 3 felony.
10		Personnel designated by the Department of Juvenile Justice
11		or another peace officer may detain an alleged aftercare
12		release violator until a warrant for his or her return to the
13		Department of Juvenile Justice can be issued. The releasee may
14		be delivered to any secure place until he or she can be
15		transported to the Department of Juvenile Justice. The
16		aftercare specialist or the Department of Juvenile Justice
17		shall file a violation report with notice of charges with the
18		Department Prisoner Review Board.
19		(d) The aftercare specialist shall regularly advise and
20		consult with the releasee and assist the youth in adjusting to
21		community life in accord with this Section.
22		(e) If the aftercare releasee has been convicted of a sex
23		offense as defined in the Sex Offender Management Board Act,
24		the aftercare specialist shall periodically, but not less than
25		once a month, verify that the releasee is in compliance with
26		paragraph (7.6) of subsection (a) of Section 3-3-7.

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1		(f) The aftercare specialist shall keep those records as
2		the Prisoner Review Board or Department may require. All
3		records shall be entered in the master file of the youth.
4		(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
5		(730 ILCS 5/3-2.5-85 new)
6		Sec. 3-2.5-85. Eligibility for release; determination.
7		(a) Every youth committed to the Department of Juvenile
8		Justice under Section 5-750 of the Juvenile Court Act of 1987,
9		except those committed for first degree murder, shall be:
10		(1) Eligible for aftercare release without regard to
11		the length of time the youth has been confined or whether
12		the youth has served any minimum term imposed.
13		(2) Placed on aftercare release on or before his or her
14		20th birthday or upon completion of the maximum term of
15		confinement ordered by the court under Section 5-710 of the
16		Juvenile Court Act of 1987, whichever is sooner.
17		(3) Considered for aftercare release at least 30 days
18		prior to the expiration of the first year of confinement
19		and at least annually thereafter.
20		(b) This Section does not apply to the initial release of
21		youth committed to the Department under Section 5-815 or 5-820
22		of the Juvenile Court Act of 1987. Those youth shall be
23		released by the Department upon completion of the determinate
24		sentence established under this Code. Subsections (d) through
25		(l) of this Section do not apply when a youth is released under

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1		paragraph (2) of subsection (a) of this Section or the youth's
2		release is otherwise required by law or ordered by the court.
3		Youth who have been tried as an adult and committed to the
4		Department under Section 5-8-6 of this Code are only eligible
5		for mandatory supervised release as an adult under Section
6		3-3-3 of this Code.
7		(c) The Department shall establish a process for deciding
8		the date of release on aftercare for every youth committed to
9		the Department of Juvenile Justice under Section 5-750 of the
10		Juvenile Court Act of 1987. The process shall include
11		establishing a target release date upon commitment to the
12		Department, the regular review and appropriate adjustment of
13		the target release date, and the final release consideration at
14		least 30 days prior to the youth's target release date. The
15		establishment, adjustment, and final consideration of the
16		target release date shall include consideration of the
17		following factors:
18		(1) the nature and seriousness of the youth's offense;
19		(2) the likelihood the youth will reoffend or will pose
20		a danger to the community based on an assessment of the
21		youth's risks, strengths, and behavior; and
22		(3) the youth's progress since being committed to the
23		Department.
24		The target release date for youth committed to the
25		Department for first degree murder shall not precede the
26		minimum period of confinement provided in Section 5-750 of the

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1		Juvenile Court Act of 1987. These youth shall be considered for
2		release upon completion of their minimum term of confinement
3		and at least annually thereafter.
4		(d) If the youth being considered for aftercare release has
5		a petition or any written submissions prepared on his or her
6		behalf by an attorney or other representative, the attorney or
7		representative for the youth must serve by certified mail the
8		State's Attorney of the county where the youth was prosecuted
9		with the petition or any written submissions 15 days prior to
10		the youth's target release date.
11		(e) In making its determination of aftercare release, the
12		Department shall consider:
13		(1) material transmitted to the Department by the clerk
14		of the committing court under Section 5-750 of the Juvenile
15		Court Act of 1987;
16		(2) the report under Section 3-10-2;
17		(3) a report by the Department and any report by the
18		chief administrative officer of the institution or
19		facility;
20		(4) an aftercare release progress report;
21		(5) a medical and psychological report, if available;
22		(6) material in writing, or on film, video tape or
23		other electronic means in the form of a recording submitted
24		by the youth whose aftercare release is being considered;
25		(7) material in writing, or on film, video tape or
26		other electronic means in the form of a recording or

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1		testimony submitted by the State's Attorney and the victim
2		or a concerned citizen under the Rights of Crime Victims
3		and Witnesses Act; and
4		(8) the youth's eligibility for commitment under the
5		Sexually Violent Persons Commitment Act.
6		(f) The prosecuting State's Attorney's office shall
7		receive from the Department reasonable written notice not less
8		than 30 days prior to the target release date and may submit
9		relevant information by oral argument or testimony of victims
10		and concerned citizens, or both, in writing, or on film, video
11		tape or other electronic means or in the form of a recording to
12		the Department for its consideration. The State's Attorney may
13		waive the written notice of the target release date at any
14		time. Upon written request of the State's Attorney's office,
15		provided the request is received within 15 days of receipt of
16		the written notice of the target release date, the Department
17		shall hear protests to aftercare release. If a State's Attorney
18		requests a protest hearing, the committed youth's attorney or
19		other representative shall also receive notice of the request
20		and a copy of any information submitted by the State's
21		Attorney. This hearing shall take place prior to the youth's
22		aftercare release. The Department shall schedule the protest
23		hearing date, providing at least 15 days' notice to the State's
24		Attorney. If the protest hearing is rescheduled, the Department
25		shall promptly notify the State's Attorney of the new date.
26		(g) The victim of the violent crime for which the youth has

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1		been sentenced shall receive notice of the target release date
2		as provided in paragraph (4) of subsection (d) of Section 4.5
3		of the Rights of Crime Victims and Witnesses Act.
4		(h) The Department shall not release any material to the
5		youth, the youth's attorney, any third party, or any other
6		person containing any information from the victim or from a
7		person related to the victim by blood, adoption, or marriage
8		who has written objections, testified at any hearing, or
9		submitted audio or visual objections to the youth's aftercare
10		release, unless provided with a waiver from that objecting
11		party. The Department shall not release the names or addresses
12		of any person on its victim registry to any other person except
13		the victim, a law enforcement agency, or other victim
14		notification system.
15		(i) Any recording considered under the provisions of
16		paragraph (6) or (7) of subsection (e) or subsection (f) of
17		this Section shall be in the form designated by the Department.
18		The recording shall be both visual and aural. Every voice on
19		the recording and person present shall be identified and the
20		recording shall contain either a visual or aural statement of
21		the person submitting the recording, the date of the recording,
22		and the name of the youth whose aftercare release is being
23		considered. The recordings shall be retained by the Department
24		and shall be considered during any subsequent aftercare release
25		decision if the victim or State's Attorney submits in writing a
26		declaration clearly identifying the recording as representing

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1		the position of the victim or State's Attorney regarding the
2		release of the youth.
3		(j) The Department shall not release a youth eligible for
4		aftercare release if it determines that:
5		(1) there is a substantial risk that he or she will not
6		conform to reasonable conditions of aftercare release;
7		(2) his or her release at that time would deprecate the
8		seriousness of his or her offense or promote disrespect for
9		the law; or
10		(3) his or her release would have a substantially
11		adverse effect on institutional discipline.
12		(k) The Department shall render its release decision and
13		shall state the basis therefor both in the records of the
14		Department and in written notice to the youth who was
15		considered for aftercare release. In its decision, the
16		Department shall set the youth's time for aftercare release, or
17		if it denies aftercare release it shall provide for
18		reconsideration of aftercare release not less frequently than
19		once each year.
20		(l) The Department shall ensure all evaluations and
21		proceedings under the Sexually Violent Persons Commitment Act
22		are completed prior to any youth's release, when applicable.
23		(m) Any youth whose aftercare release has been revoked by
24		the Prisoner Review Board under Section 3-3-9.5 of this Code
25		may be rereleased to the full aftercare release term by the
26		Department at any time in accordance with this Section. Youth

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1		rereleased under this subsection shall be subject to Sections
2		3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5
3		of this Code.
4		(n) The Department shall adopt rules regarding the exercise
5		of its discretion under this Section.
6		(730 ILCS 5/3-2.5-90 new)
7		Sec. 3-2.5-90. Release to warrant or detainer.
8		(a) If a warrant or detainer is placed against a youth by
9		the court or other authority of this or any other jurisdiction,
10		the Department of Juvenile Justice shall inquire before the
11		youth is considered for aftercare release whether the authority
12		concerned intends to execute or withdraw the process if the
13		youth is released.
14		(b) If the authority notifies the Department that it
15		intends to execute the process when the youth is released, the
16		Department shall advise the authority concerned of the sentence
17		or disposition under which the youth is held, the time of
18		eligibility for release, any decision of the Department
19		relating to the youth and the nature of his or her adjustment
20		during confinement, and shall give reasonable notice to the
21		authority of the youth's release date.
22		(c) The Department may release a youth to a warrant or
23		detainer. The Department may provide, as a condition of
24		aftercare release, that if the charge or charges on which the
25		warrant or detainer is based are dismissed or satisfied, prior

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1		to the expiration of the youth's aftercare release term, the
2		authority to whose warrant or detainer he or she was released
3		shall return him or her to serve the remainder of his or her
4		aftercare release term.
5		(d) If a youth released to a warrant or detainer is
6		thereafter sentenced to probation, or released on parole in
7		another jurisdiction prior to the expiration of his or her
8		aftercare release term in this State, the Department may permit
9		the youth to serve the remainder of his or her term in either
10		of the jurisdictions.
11		(730 ILCS 5/3-2.5-95 new)
12		Sec. 3-2.5-95. Conditions of aftercare release.
13		(a) The conditions of aftercare release for all youth
14		committed to the Department under the Juvenile Court Act of
15		1987 shall be such as the Department of Juvenile Justice deems
16		necessary to assist the youth in leading a law-abiding life.
17		The conditions of every aftercare release are that the youth:
18		(1) not violate any criminal statute of any
19		jurisdiction during the aftercare release term;
20		(2) refrain from possessing a firearm or other
21		dangerous weapon;
22		(3) report to an agent of the Department;
23		(4) permit the agent or aftercare specialist to visit
24		the youth at his or her home, employment, or elsewhere to
25		the extent necessary for the agent or aftercare specialist

SB2777 Engrossed - 66 - LRB099 20630 RLC 45213 b
1		to discharge his or her duties;
2		(5) reside at a Department-approved host site;
3		(6) secure permission before visiting or writing a
4		committed person in an Illinois Department of Corrections
5		or Illinois Department of Juvenile Justice facility;
6		(7) report all arrests to an agent of the Department as
7		soon as permitted by the arresting authority but in no
8		event later than 24 hours after release from custody and
9		immediately report service or notification of an order of
10		protection, a civil no contact order, or a stalking no
11		contact order to an agent of the Department;
12		(8) obtain permission of an agent of the Department
13		before leaving the State of Illinois;
14		(9) obtain permission of an agent of the Department
15		before changing his or her residence or employment;
16		(10) consent to a search of his or her person,
17		property, or residence under his or her control;
18		(11) refrain from the use or possession of narcotics or
19		other controlled substances in any form, or both, or any
20		paraphernalia related to those substances and submit to a
21		urinalysis test as instructed by an agent of the
22		Department;
23		(12) not frequent places where controlled substances
24		are illegally sold, used, distributed, or administered;
25		(13) not knowingly associate with other persons on
26		parole, aftercare release, or mandatory supervised release

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1		without prior written permission of his or her aftercare
2		specialist and not associate with persons who are members
3		of an organized gang as that term is defined in the
4		Illinois Streetgang Terrorism Omnibus Prevention Act;
5		(14) provide true and accurate information, as it
6		relates to his or her adjustment in the community while on
7		aftercare release or to his or her conduct while
8		incarcerated, in response to inquiries by an agent of the
9		Department;
10		(15) follow any specific instructions provided by the
11		agent that are consistent with furthering conditions set
12		and approved by the Department or by law to achieve the
13		goals and objectives of his or her aftercare release or to
14		protect the public; these instructions by the agent may be
15		modified at any time, as the agent deems appropriate;
16		(16) comply with the terms and conditions of an order
17		of protection issued under the Illinois Domestic Violence
18		Act of 1986; an order of protection issued by the court of
19		another state, tribe, or United States territory; a no
20		contact order issued under the Civil No Contact Order Act;
21		or a no contact order issued under the Stalking No Contact
22		Order Act;
23		(17) if convicted of a sex offense as defined in the
24		Sex Offender Management Board Act, and a sex offender
25		treatment provider has evaluated and recommended further
26		sex offender treatment while on aftercare release, the

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1		youth shall undergo treatment by a sex offender treatment
2		provider or associate sex offender provider as defined in
3		the Sex Offender Management Board Act at his or her expense
4		based on his or her ability to pay for the treatment;
5		(18) if convicted of a sex offense as defined in the
6		Sex Offender Management Board Act, refrain from residing at
7		the same address or in the same condominium unit or
8		apartment unit or in the same condominium complex or
9		apartment complex with another person he or she knows or
10		reasonably should know is a convicted sex offender or has
11		been placed on supervision for a sex offense; the
12		provisions of this paragraph do not apply to a person
13		convicted of a sex offense who is placed in a Department of
14		Corrections licensed transitional housing facility for sex
15		offenders, or is in any facility operated or licensed by
16		the Department of Children and Family Services or by the
17		Department of Human Services, or is in any licensed medical
18		facility;
19		(19) if convicted for an offense that would qualify the
20		offender as a sexual predator under the Sex Offender
21		Registration Act wear an approved electronic monitoring
22		device as defined in Section 5-8A-2 for the duration of the
23		youth's aftercare release term and if convicted for an
24		offense of criminal sexual assault, aggravated criminal
25		sexual assault, predatory criminal sexual assault of a
26		child, criminal sexual abuse, aggravated criminal sexual

SB2777 Engrossed - 69 - LRB099 20630 RLC 45213 b
1		abuse, or ritualized abuse of a child when the victim was
2		under 18 years of age at the time of the commission of the
3		offense and the offender used force or the threat of force
4		in the commission of the offense wear an approved
5		electronic monitoring device as defined in Section 5-8A-2
6		that has Global Positioning System (GPS) capability for the
7		duration of the youth's aftercare release term;
8		(20) if convicted for an offense that would qualify the
9		offender as a child sex offender as defined in Section
10		11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
11		Criminal Code of 2012, refrain from communicating with or
12		contacting, by means of the Internet, a person who is not
13		related to the offender and whom the offender reasonably
14		believes to be under 18 years of age; for purposes of this
15		paragraph (20), "Internet" has the meaning ascribed to it
16		in Section 16-0.1 of the Criminal Code of 2012; and a
17		person is not related to the offender if the person is not:
18		(A) the spouse, brother, or sister of the offender; (B) a
19		descendant of the offender; (C) a first or second cousin of
20		the offender; or (D) a step-child or adopted child of the
21		offender;
22		(21) if convicted under Section 11-6, 11-20.1,
23		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
24		the Criminal Code of 2012, consent to search of computers,
25		PDAs, cellular phones, and other devices under his or her
26		control that are capable of accessing the Internet or

SB2777 Engrossed - 70 - LRB099 20630 RLC 45213 b
1		storing electronic files, in order to confirm Internet
2		protocol addresses reported in accordance with the Sex
3		Offender Registration Act and compliance with conditions
4		in this Act;
5		(22) if convicted for an offense that would qualify the
6		offender as a sex offender or sexual predator under the Sex
7		Offender Registration Act, not possess prescription drugs
8		for erectile dysfunction;
9		(23) if convicted for an offense under Section 11-6,
10		11-9.1, 11-14.4 that involves soliciting for a juvenile
11		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
12		of the Criminal Code of 1961 or the Criminal Code of 2012,
13		or any attempt to commit any of these offenses:
14		(A) not access or use a computer or any other
15		device with Internet capability without the prior
16		written approval of the Department;
17		(B) submit to periodic unannounced examinations of
18		the youth's computer or any other device with Internet
19		capability by the youth's aftercare specialist, a law
20		enforcement officer, or assigned computer or
21		information technology specialist, including the
22		retrieval and copying of all data from the computer or
23		device and any internal or external peripherals and
24		removal of the information, equipment, or device to
25		conduct a more thorough inspection;
26		(C) submit to the installation on the youth's

SB2777 Engrossed - 71 - LRB099 20630 RLC 45213 b
1		computer or device with Internet capability, at the
2		youth's expense, of one or more hardware or software
3		systems to monitor the Internet use; and
4		(D) submit to any other appropriate restrictions
5		concerning the youth's use of or access to a computer
6		or any other device with Internet capability imposed by
7		the Department or the youth's aftercare specialist;
8		(24) if convicted of a sex offense as defined in the
9		Sex Offender Registration Act, refrain from accessing or
10		using a social networking website as defined in Section
11		17-0.5 of the Criminal Code of 2012;
12		(25) if convicted of a sex offense as defined in
13		Section 2 of the Sex Offender Registration Act that
14		requires the youth to register as a sex offender under that
15		Act, not knowingly use any computer scrub software on any
16		computer that the youth uses;
17		(26) if convicted of a sex offense as defined in
18		subsection (a-5) of Section 3-1-2 of this Code, unless the
19		youth is a parent or guardian of a person under 18 years of
20		age present in the home and no non-familial minors are
21		present, not participate in a holiday event involving
22		children under 18 years of age, such as distributing candy
23		or other items to children on Halloween, wearing a Santa
24		Claus costume on or preceding Christmas, being employed as
25		a department store Santa Claus, or wearing an Easter Bunny
26		costume on or preceding Easter;

SB2777 Engrossed - 72 - LRB099 20630 RLC 45213 b
1		(27) if convicted of a violation of an order of
2		protection under Section 12-3.4 or Section 12-30 of the
3		Criminal Code of 1961 or the Criminal Code of 2012, be
4		placed under electronic surveillance as provided in
5		Section 5-8A-7 of this Code; and
6		(28) if convicted of a violation of the Methamphetamine
7		Control and Community Protection Act, the Methamphetamine
8		Precursor Control Act, or a methamphetamine related
9		offense, be:
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.
16		(b) The Department may in addition to other conditions
17		require that the youth:
18		(1) work or pursue a course of study or vocational
19		training;
20		(2) undergo medical or psychiatric treatment, or
21		treatment for drug addiction or alcoholism;
22		(3) attend or reside in a facility established for the
23		instruction or residence of persons on probation or
24		aftercare release;
25		(4) support his or her dependents;
26		(5) if convicted for an offense that would qualify the

SB2777 Engrossed - 73 - LRB099 20630 RLC 45213 b
1		youth as a child sex offender as defined in Section 11-9.3
2		or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
3		of 2012, refrain from communicating with or contacting, by
4		means of the Internet, a person who is related to the youth
5		and whom the youth reasonably believes to be under 18 years
6		of age; for purposes of this paragraph (5), "Internet" has
7		the meaning ascribed to it in Section 16-0.1 of the
8		Criminal Code of 2012; and a person is related to the youth
9		if the person is: (A) the spouse, brother, or sister of the
10		youth; (B) a descendant of the youth; (C) a first or second
11		cousin of the youth; or (D) a step-child or adopted child
12		of the youth;
13		(6) if convicted for an offense that would qualify as a
14		sex offense as defined in the Sex Offender Registration
15		Act:
16		(A) not access or use a computer or any other
17		device with Internet capability without the prior
18		written approval of the Department;
19		(B) submit to periodic unannounced examinations of
20		the youth's computer or any other device with Internet
21		capability by the youth's aftercare specialist, a law
22		enforcement officer, or assigned computer or
23		information technology specialist, including the
24		retrieval and copying of all data from the computer or
25		device and any internal or external peripherals and
26		removal of the information, equipment, or device to

SB2777 Engrossed - 74 - LRB099 20630 RLC 45213 b
1		conduct a more thorough inspection;
2		(C) submit to the installation on the youth's
3		computer or device with Internet capability, at the
4		youth's offender's expense, of one or more hardware or
5		software systems to monitor the Internet use; and
6		(D) submit to any other appropriate restrictions
7		concerning the youth's use of or access to a computer
8		or any other device with Internet capability imposed by
9		the Department or the youth's aftercare specialist;
10		and
11		(7) in addition to other conditions:
12		(A) reside with his or her parents or in a foster
13		home;
14		(B) attend school;
15		(C) attend a non-residential program for youth; or
16		(D) contribute to his or her own support at home or
17		in a foster home.
18		(c) In addition to the conditions under subsections (a) and
19		(b) of this Section, youths required to register as sex
20		offenders under the Sex Offender Registration Act, upon release
21		from the custody of the Department of Juvenile Justice, may be
22		required by the Department to comply with the following
23		specific conditions of release:
24		(1) reside only at a Department approved location;
25		(2) comply with all requirements of the Sex Offender
26		Registration Act;

SB2777 Engrossed - 75 - LRB099 20630 RLC 45213 b
1		(3) notify third parties of the risks that may be
2		occasioned by his or her criminal record;
3		(4) obtain the approval of an agent of the Department
4		prior to accepting employment or pursuing a course of study
5		or vocational training and notify the Department prior to
6		any change in employment, study, or training;
7		(5) not be employed or participate in any volunteer
8		activity that involves contact with children, except under
9		circumstances approved in advance and in writing by an
10		agent of the Department;
11		(6) be electronically monitored for a specified period
12		of time from the date of release as determined by the
13		Department;
14		(7) refrain from entering into a designated geographic
15		area except upon terms approved in advance by an agent of
16		the Department; these terms may include consideration of
17		the purpose of the entry, the time of day, and others
18		accompanying the youth;
19		(8) refrain from having any contact, including written
20		or oral communications, directly or indirectly, personally
21		or by telephone, letter, or through a third party with
22		certain specified persons including, but not limited to,
23		the victim or the victim's family without the prior written
24		approval of an agent of the Department;
25		(9) refrain from all contact, directly or indirectly,
26		personally, by telephone, letter, or through a third party,

SB2777 Engrossed - 76 - LRB099 20630 RLC 45213 b
1		with minor children without prior identification and
2		approval of an agent of the Department;
3		(10) neither possess or have under his or her control
4		any material that is sexually oriented, sexually
5		stimulating, or that shows male or female sex organs or any
6		pictures depicting children under 18 years of age nude or
7		any written or audio material describing sexual
8		intercourse or that depicts or alludes to sexual activity,
9		including, but not limited to, visual, auditory,
10		telephonic, or electronic media, or any matter obtained
11		through access to any computer or material linked to
12		computer access use;
13		(11) not patronize any business providing sexually
14		stimulating or sexually oriented entertainment nor utilize
15		"900" or adult telephone numbers;
16		(12) not reside near, visit, or be in or about parks,
17		schools, day care centers, swimming pools, beaches,
18		theaters, or any other places where minor children
19		congregate without advance approval of an agent of the
20		Department and immediately report any incidental contact
21		with minor children to the Department;
22		(13) not possess or have under his or her control
23		certain specified items of contraband related to the
24		incidence of sexually offending as determined by an agent
25		of the Department;
26		(14) may be required to provide a written daily log of

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1		activities if directed by an agent of the Department;
2		(15) comply with all other special conditions that the
3		Department may impose that restrict the youth from
4		high-risk situations and limit access to potential
5		victims;
6		(16) take an annual polygraph exam;
7		(17) maintain a log of his or her travel; or
8		(18) obtain prior approval of an agent of the
9		Department before driving alone in a motor vehicle.
10		(d) The conditions under which the aftercare release is to
11		be served shall be communicated to the youth in writing prior
12		to his or her release, and he or she shall sign the same before
13		release. A signed copy of these conditions, including a copy of
14		an order of protection if one had been issued by the criminal
15		court, shall be retained by the youth and another copy
16		forwarded to the officer or aftercare specialist in charge of
17		his or her supervision.
18		(e) After a revocation hearing under Section 3-3-9.5, the
19		Department of Juvenile Justice may modify or enlarge the
20		conditions of aftercare release.
21		(f) The Department shall inform all youth of the optional
22		services available to them upon release and shall assist youth
23		in availing themselves of the optional services upon their
24		release on a voluntary basis.
25		(730 ILCS 5/3-2.5-100 new)

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1		Sec. 3-2.5-100. Length of aftercare release; discharge.
2		(a) The aftercare release term of a youth committed to the
3		Department under the Juvenile Court Act of 1987 shall be as set
4		out in Section 5-750 of the Juvenile Court Act of 1987, unless
5		sooner terminated under subsection (b) of this Section, as
6		otherwise provided by law, or as ordered by the court. The
7		aftercare release term of youth committed to the Department as
8		a habitual or violent juvenile offender under Section 5-815 or
9		5-820 of the Juvenile Court Act of 1987 shall continue until
10		the youth's 21st birthday unless sooner terminated under
11		subsection (c) of this Section, as otherwise provided by law,
12		or as ordered by the court.
13		(b) Provided that the youth is in compliance with the terms
14		and conditions of his or her aftercare release, the Department
15		of Juvenile Justice may reduce the period of a releasee's
16		aftercare release by 90 days upon the releasee receiving a high
17		school diploma or upon passage of high school equivalency
18		testing during the period of his or her aftercare release. This
19		reduction in the period of a youth's term of aftercare release
20		shall be available only to youth who have not previously earned
21		a high school diploma or who have not previously passed high
22		school equivalency testing.
23		(c) The Department of Juvenile Justice may discharge a
24		youth from aftercare release and his or her commitment to the
25		Department in accordance with subsection (3) of Section 5-750
26		of the Juvenile Court Act of 1987, if it determines that he or

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1		she is likely to remain at liberty without committing another
2		offense.
3		(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
4		Sec. 3-3-1. Establishment and Appointment of Prisoner
5		Review Board.
6		(a) There shall be a Prisoner Review Board independent of
7		the Department of Corrections which shall be:
8		(1) the paroling authority for persons sentenced under
9		the law in effect prior to the effective date of this
10		amendatory Act of 1977;
11		(1.5) (blank); the authority for hearing and deciding
12		the time of aftercare release for persons adjudicated
13		delinquent under the Juvenile Court Act of 1987;
14		(2) the board of review for cases involving the
15		revocation of sentence credits or a suspension or reduction
16		in the rate of accumulating the credit;
17		(3) the board of review and recommendation for the
18		exercise of executive clemency by the Governor;
19		(4) the authority for establishing release dates for
20		certain prisoners sentenced under the law in existence
21		prior to the effective date of this amendatory Act of 1977,
22		in accordance with Section 3-3-2.1 of this Code;
23		(5) the authority for setting conditions for parole
24		and , mandatory supervised release under Section 5-8-1(a)
25		of this Code, and aftercare release, and determining

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1		whether a violation of those conditions warrant revocation
2		of parole, aftercare release, or mandatory supervised
3		release or the imposition of other sanctions; and .
4		(6) the authority for determining whether a violation
5		of aftercare release conditions warrant revocation of
6		aftercare release.
7		(b) The Board shall consist of 15 persons appointed by the
8		Governor by and with the advice and consent of the Senate. One
9		member of the Board shall be designated by the Governor to be
10		Chairman and shall serve as Chairman at the pleasure of the
11		Governor. The members of the Board shall have had at least 5
12		years of actual experience in the fields of penology,
13		corrections work, law enforcement, sociology, law, education,
14		social work, medicine, psychology, other behavioral sciences,
15		or a combination thereof. At least 6 members so appointed must
16		have had at least 3 years experience in the field of juvenile
17		matters. No more than 8 Board members may be members of the
18		same political party.
19		Each member of the Board shall serve on a full-time basis
20		and shall not hold any other salaried public office, whether
21		elective or appointive, nor any other office or position of
22		profit, nor engage in any other business, employment, or
23		vocation. The Chairman of the Board shall receive $35,000 a
24		year, or an amount set by the Compensation Review Board,
25		whichever is greater, and each other member $30,000, or an
26		amount set by the Compensation Review Board, whichever is

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1		greater.
2		(c) Notwithstanding any other provision of this Section,
3		the term of each member of the Board who was appointed by the
4		Governor and is in office on June 30, 2003 shall terminate at
5		the close of business on that date or when all of the successor
6		members to be appointed pursuant to this amendatory Act of the
7		93rd General Assembly have been appointed by the Governor,
8		whichever occurs later. As soon as possible, the Governor shall
9		appoint persons to fill the vacancies created by this
10		amendatory Act.
11		Of the initial members appointed under this amendatory Act
12		of the 93rd General Assembly, the Governor shall appoint 5
13		members whose terms shall expire on the third Monday in January
14		2005, 5 members whose terms shall expire on the third Monday in
15		January 2007, and 5 members whose terms shall expire on the
16		third Monday in January 2009. Their respective successors shall
17		be appointed for terms of 6 years from the third Monday in
18		January of the year of appointment. Each member shall serve
19		until his or her successor is appointed and qualified.
20		Any member may be removed by the Governor for incompetence,
21		neglect of duty, malfeasance or inability to serve.
22		(d) The Chairman of the Board shall be its chief executive
23		and administrative officer. The Board may have an Executive
24		Director; if so, the Executive Director shall be appointed by
25		the Governor with the advice and consent of the Senate. The
26		salary and duties of the Executive Director shall be fixed by

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1		the Board.
2		(Source: P.A. 97-697, eff. 6-22-12; 98-558, eff. 1-1-14.)
3		(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
4		Sec. 3-3-2. Powers and Duties.
5		(a) The Parole and Pardon Board is abolished and the term
6		"Parole and Pardon Board" as used in any law of Illinois, shall
7		read "Prisoner Review Board." After the effective date of this
8		amendatory Act of 1977, the Prisoner Review Board shall provide
9		by rule for the orderly transition of all files, records, and
10		documents of the Parole and Pardon Board and for such other
11		steps as may be necessary to effect an orderly transition and
12		shall:
13		(1) hear by at least one member and through a panel of
14		at least 3 members decide, cases of prisoners who were
15		sentenced under the law in effect prior to the effective
16		date of this amendatory Act of 1977, and who are eligible
17		for parole;
18		(2) hear by at least one member and through a panel of
19		at least 3 members decide, the conditions of parole and the
20		time of discharge from parole, impose sanctions for
21		violations of parole, and revoke parole for those sentenced
22		under the law in effect prior to this amendatory Act of
23		1977; provided that the decision to parole and the
24		conditions of parole for all prisoners who were sentenced
25		for first degree murder or who received a minimum sentence

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1		of 20 years or more under the law in effect prior to
2		February 1, 1978 shall be determined by a majority vote of
3		the Prisoner Review Board. One representative supporting
4		parole and one representative opposing parole will be
5		allowed to speak. Their comments shall be limited to making
6		corrections and filling in omissions to the Board's
7		presentation and discussion;
8		(3) hear by at least one member and through a panel of
9		at least 3 members decide, the conditions of mandatory
10		supervised release and the time of discharge from mandatory
11		supervised release, impose sanctions for violations of
12		mandatory supervised release, and revoke mandatory
13		supervised release for those sentenced under the law in
14		effect after the effective date of this amendatory Act of
15		1977;
16		(3.5) hear by at least one member and through a panel
17		of at least 3 members decide, the conditions of mandatory
18		supervised release and the time of discharge from mandatory
19		supervised release, to impose sanctions for violations of
20		mandatory supervised release and revoke mandatory
21		supervised release for those serving extended supervised
22		release terms pursuant to paragraph (4) of subsection (d)
23		of Section 5-8-1;
24		(3.6) hear by at least one member and through a panel
25		of at least 3 members decide whether to , the time of
26		aftercare release, the conditions of aftercare release and

SB2777 Engrossed - 84 - LRB099 20630 RLC 45213 b
1		the time of discharge from aftercare release, impose
2		sanctions for violations of aftercare release, and revoke
3		aftercare release for those committed to the Department of
4		Juvenile Justice adjudicated delinquent under the Juvenile
5		Court Act of 1987;
6		(4) hear by at least one member and through a panel of
7		at least 3 members, decide cases brought by the Department
8		of Corrections against a prisoner in the custody of the
9		Department for alleged violation of Department rules with
10		respect to sentence credits under Section 3-6-3 of this
11		Code in which the Department seeks to revoke sentence
12		credits, if the amount of time at issue exceeds 30 days or
13		when, during any 12 month period, the cumulative amount of
14		credit revoked exceeds 30 days except where the infraction
15		is committed or discovered within 60 days of scheduled
16		release. In such cases, the Department of Corrections may
17		revoke up to 30 days of sentence credit. The Board may
18		subsequently approve the revocation of additional sentence
19		credit, if the Department seeks to revoke sentence credit
20		in excess of thirty days. However, the Board shall not be
21		empowered to review the Department's decision with respect
22		to the loss of 30 days of sentence credit for any prisoner
23		or to increase any penalty beyond the length requested by
24		the Department;
25		(5) hear by at least one member and through a panel of
26		at least 3 members decide, the release dates for certain

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1		prisoners sentenced under the law in existence prior to the
2		effective date of this amendatory Act of 1977, in
3		accordance with Section 3-3-2.1 of this Code;
4		(6) hear by at least one member and through a panel of
5		at least 3 members decide, all requests for pardon,
6		reprieve or commutation, and make confidential
7		recommendations to the Governor;
8		(7) comply with the requirements of the Open Parole
9		Hearings Act;
10		(8) hear by at least one member and, through a panel of
11		at least 3 members, decide cases brought by the Department
12		of Corrections against a prisoner in the custody of the
13		Department for court dismissal of a frivolous lawsuit
14		pursuant to Section 3-6-3(d) of this Code in which the
15		Department seeks to revoke up to 180 days of sentence
16		credit, and if the prisoner has not accumulated 180 days of
17		sentence credit at the time of the dismissal, then all
18		sentence credit accumulated by the prisoner shall be
19		revoked;
20		(9) hear by at least 3 members, and, through a panel of
21		at least 3 members, decide whether to grant certificates of
22		relief from disabilities or certificates of good conduct as
23		provided in Article 5.5 of Chapter V;
24		(10) upon a petition by a person who has been convicted
25		of a Class 3 or Class 4 felony and who meets the
26		requirements of this paragraph, hear by at least 3 members

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1		and, with the unanimous vote of a panel of 3 members, issue
2		a certificate of eligibility for sealing recommending that
3		the court order the sealing of all official records of the
4		arresting authority, the circuit court clerk, and the
5		Department of State Police concerning the arrest and
6		conviction for the Class 3 or 4 felony. A person may not
7		apply to the Board for a certificate of eligibility for
8		sealing:
9		(A) until 5 years have elapsed since the expiration
10		of his or her sentence;
11		(B) until 5 years have elapsed since any arrests or
12		detentions by a law enforcement officer for an alleged
13		violation of law, other than a petty offense, traffic
14		offense, conservation offense, or local ordinance
15		offense;
16		(C) if convicted of a violation of the Cannabis
17		Control Act, Illinois Controlled Substances Act, the
18		Methamphetamine Control and Community Protection Act,
19		the Methamphetamine Precursor Control Act, or the
20		Methamphetamine Precursor Tracking Act unless the
21		petitioner has completed a drug abuse program for the
22		offense on which sealing is sought and provides proof
23		that he or she has completed the program successfully;
24		(D) if convicted of:
25		(i) a sex offense described in Article 11 or
26		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

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1		the Criminal Code of 1961 or the Criminal Code of
2		2012;
3		(ii) aggravated assault;
4		(iii) aggravated battery;
5		(iv) domestic battery;
6		(v) aggravated domestic battery;
7		(vi) violation of an order of protection;
8		(vii) an offense under the Criminal Code of
9		1961 or the Criminal Code of 2012 involving a
10		firearm;
11		(viii) driving while under the influence of
12		alcohol, other drug or drugs, intoxicating
13		compound or compounds or any combination thereof;
14		(ix) aggravated driving while under the
15		influence of alcohol, other drug or drugs,
16		intoxicating compound or compounds or any
17		combination thereof; or
18		(x) any crime defined as a crime of violence
19		under Section 2 of the Crime Victims Compensation
20		Act.
21		If a person has applied to the Board for a certificate
22		of eligibility for sealing and the Board denies the
23		certificate, the person must wait at least 4 years before
24		filing again or filing for pardon from the Governor unless
25		the Chairman of the Prisoner Review Board grants a waiver.
26		The decision to issue or refrain from issuing a

SB2777 Engrossed - 88 - LRB099 20630 RLC 45213 b
1		certificate of eligibility for sealing shall be at the
2		Board's sole discretion, and shall not give rise to any
3		cause of action against either the Board or its members.
4		The Board may only authorize the sealing of Class 3 and
5		4 felony convictions of the petitioner from one information
6		or indictment under this paragraph (10). A petitioner may
7		only receive one certificate of eligibility for sealing
8		under this provision for life; and
9		(11) upon a petition by a person who after having been
10		convicted of a Class 3 or Class 4 felony thereafter served
11		in the United States Armed Forces or National Guard of this
12		or any other state and had received an honorable discharge
13		from the United States Armed Forces or National Guard or
14		who at the time of filing the petition is enlisted in the
15		United States Armed Forces or National Guard of this or any
16		other state and served one tour of duty and who meets the
17		requirements of this paragraph, hear by at least 3 members
18		and, with the unanimous vote of a panel of 3 members, issue
19		a certificate of eligibility for expungement recommending
20		that the court order the expungement of all official
21		records of the arresting authority, the circuit court
22		clerk, and the Department of State Police concerning the
23		arrest and conviction for the Class 3 or 4 felony. A person
24		may not apply to the Board for a certificate of eligibility
25		for expungement:
26		(A) if convicted of:

SB2777 Engrossed - 89 - LRB099 20630 RLC 45213 b
1		(i) a sex offense described in Article 11 or
2		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
3		the Criminal Code of 1961 or Criminal Code of 2012;
4		(ii) an offense under the Criminal Code of 1961
5		or Criminal Code of 2012 involving a firearm; or
6		(iii) a crime of violence as defined in Section
7		2 of the Crime Victims Compensation Act; or
8		(B) if the person has not served in the United
9		States Armed Forces or National Guard of this or any
10		other state or has not received an honorable discharge
11		from the United States Armed Forces or National Guard
12		of this or any other state or who at the time of the
13		filing of the petition is serving in the United States
14		Armed Forces or National Guard of this or any other
15		state and has not completed one tour of duty.
16		If a person has applied to the Board for a certificate
17		of eligibility for expungement and the Board denies the
18		certificate, the person must wait at least 4 years before
19		filing again or filing for a pardon with authorization for
20		expungement from the Governor unless the Governor or
21		Chairman of the Prisoner Review Board grants a waiver.
22		(a-5) The Prisoner Review Board, with the cooperation of
23		and in coordination with the Department of Corrections and the
24		Department of Central Management Services, shall implement a
25		pilot project in 3 correctional institutions providing for the
26		conduct of hearings under paragraphs (1) and (4) of subsection

SB2777 Engrossed - 90 - LRB099 20630 RLC 45213 b
1		(a) of this Section through interactive video conferences. The
2		project shall be implemented within 6 months after the
3		effective date of this amendatory Act of 1996. Within 6 months
4		after the implementation of the pilot project, the Prisoner
5		Review Board, with the cooperation of and in coordination with
6		the Department of Corrections and the Department of Central
7		Management Services, shall report to the Governor and the
8		General Assembly regarding the use, costs, effectiveness, and
9		future viability of interactive video conferences for Prisoner
10		Review Board hearings.
11		(b) Upon recommendation of the Department the Board may
12		restore sentence credit previously revoked.
13		(c) The Board shall cooperate with the Department in
14		promoting an effective system of parole, aftercare release, and
15		mandatory supervised release.
16		(d) The Board shall promulgate rules for the conduct of its
17		work, and the Chairman shall file a copy of such rules and any
18		amendments thereto with the Director and with the Secretary of
19		State.
20		(e) The Board shall keep records of all of its official
21		actions and shall make them accessible in accordance with law
22		and the rules of the Board.
23		(f) The Board or one who has allegedly violated the
24		conditions of his or her parole, aftercare release, or
25		mandatory supervised release may require by subpoena the
26		attendance and testimony of witnesses and the production of

SB2777 Engrossed - 91 - LRB099 20630 RLC 45213 b
1		documentary evidence relating to any matter under
2		investigation or hearing. The Chairman of the Board may sign
3		subpoenas which shall be served by any agent or public official
4		authorized by the Chairman of the Board, or by any person
5		lawfully authorized to serve a subpoena under the laws of the
6		State of Illinois. The attendance of witnesses, and the
7		production of documentary evidence, may be required from any
8		place in the State to a hearing location in the State before
9		the Chairman of the Board or his or her designated agent or
10		agents or any duly constituted Committee or Subcommittee of the
11		Board. Witnesses so summoned shall be paid the same fees and
12		mileage that are paid witnesses in the circuit courts of the
13		State, and witnesses whose depositions are taken and the
14		persons taking those depositions are each entitled to the same
15		fees as are paid for like services in actions in the circuit
16		courts of the State. Fees and mileage shall be vouchered for
17		payment when the witness is discharged from further attendance.
18		In case of disobedience to a subpoena, the Board may
19		petition any circuit court of the State for an order requiring
20		the attendance and testimony of witnesses or the production of
21		documentary evidence or both. A copy of such petition shall be
22		served by personal service or by registered or certified mail
23		upon the person who has failed to obey the subpoena, and such
24		person shall be advised in writing that a hearing upon the
25		petition will be requested in a court room to be designated in
26		such notice before the judge hearing motions or extraordinary

SB2777 Engrossed - 92 - LRB099 20630 RLC 45213 b
1		remedies at a specified time, on a specified date, not less
2		than 10 nor more than 15 days after the deposit of the copy of
3		the written notice and petition in the U.S. mails addressed to
4		the person at his last known address or after the personal
5		service of the copy of the notice and petition upon such
6		person. The court upon the filing of such a petition, may order
7		the person refusing to obey the subpoena to appear at an
8		investigation or hearing, or to there produce documentary
9		evidence, if so ordered, or to give evidence relative to the
10		subject matter of that investigation or hearing. Any failure to
11		obey such order of the circuit court may be punished by that
12		court as a contempt of court.
13		Each member of the Board and any hearing officer designated
14		by the Board shall have the power to administer oaths and to
15		take the testimony of persons under oath.
16		(g) Except under subsection (a) of this Section, a majority
17		of the members then appointed to the Prisoner Review Board
18		shall constitute a quorum for the transaction of all business
19		of the Board.
20		(h) The Prisoner Review Board shall annually transmit to
21		the Director a detailed report of its work for the preceding
22		calendar year. The annual report shall also be transmitted to
23		the Governor for submission to the Legislature.
24		(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
25		97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
26		1-1-14; 98-756, eff. 7-16-14.)

SB2777 Engrossed - 93 - LRB099 20630 RLC 45213 b
1		(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
2		Sec. 3-3-3. Eligibility for Parole or Release.
3		(a) Except for those offenders who accept the fixed release
4		date established by the Prisoner Review Board under Section
5		3-3-2.1, every person serving a term of imprisonment under the
6		law in effect prior to the effective date of this amendatory
7		Act of 1977 shall be eligible for parole when he or she has
8		served:
9		(1) the minimum term of an indeterminate sentence less
10		time credit for good behavior, or 20 years less time credit
11		for good behavior, whichever is less; or
12		(2) 20 years of a life sentence less time credit for
13		good behavior; or
14		(3) 20 years or one-third of a determinate sentence,
15		whichever is less, less time credit for good behavior.
16		(b) No person sentenced under this amendatory Act of 1977
17		or who accepts a release date under Section 3-3-2.1 shall be
18		eligible for parole.
19		(c) Except for those sentenced to a term of natural life
20		imprisonment, every person sentenced to imprisonment under
21		this amendatory Act of 1977 or given a release date under
22		Section 3-3-2.1 of this Act shall serve the full term of a
23		determinate sentence less time credit for good behavior and
24		shall then be released under the mandatory supervised release
25		provisions of paragraph (d) of Section 5-8-1 of this Code.

SB2777 Engrossed - 94 - LRB099 20630 RLC 45213 b
1		(d) No person serving a term of natural life imprisonment
2		may be paroled or released except through executive clemency.
3		(e) Every person committed to the Department of Juvenile
4		Justice under Section 5-10 of the Juvenile Court Act or Section
5		5-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
6		this Code and confined in the State correctional institutions
7		or facilities if such juvenile has not been tried as an adult
8		shall be eligible for aftercare release under Section 3-2.5-85
9		of this Code without regard to the length of time the person
10		has been confined or whether the person has served any minimum
11		term imposed. However, if a juvenile has been tried as an adult
12		he or she shall only be eligible for parole or mandatory
13		supervised release as an adult under this Section.
14		(Source: P.A. 98-558, eff. 1-1-14.)
15		(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
16		Sec. 3-3-4. Preparation for Parole Hearing.
17		(a) The Prisoner Review Board shall consider the parole of
18		each eligible person committed to the Department of Corrections
19		at least 30 days prior to the date he or she shall first become
20		eligible for parole, and shall consider the aftercare release
21		of each person committed to the Department of Juvenile Justice
22		as a delinquent at least 30 days prior to the expiration of the
23		first year of confinement.
24		(b) A person eligible for parole or aftercare release
25		shall, no less than 15 days in advance of his or her parole

SB2777 Engrossed - 95 - LRB099 20630 RLC 45213 b
1		interview, prepare a parole or aftercare release plan in
2		accordance with the rules of the Prisoner Review Board. The
3		person shall be assisted in preparing his or her parole or
4		aftercare release plan by personnel of the Department of
5		Corrections, or the Department of Juvenile Justice in the case
6		of a person committed to that Department, and may, for this
7		purpose, be released on furlough under Article 11 or on
8		authorized absence under Section 3-9-4. The appropriate
9		Department shall also provide assistance in obtaining
10		information and records helpful to the individual for his or
11		her parole hearing. If the person eligible for parole or
12		aftercare release has a petition or any written submissions
13		prepared on his or her behalf by an attorney or other
14		representative, the attorney or representative for the person
15		eligible for parole or aftercare release must serve by
16		certified mail the State's Attorney of the county where he or
17		she was prosecuted with the petition or any written submissions
18		15 days after his or her parole interview. The State's Attorney
19		shall provide the attorney for the person eligible for parole
20		or aftercare release with a copy of his or her letter in
21		opposition to parole or aftercare release via certified mail
22		within 5 business days of the en banc hearing.
23		(c) Any member of the Board shall have access at all
24		reasonable times to any committed person and to his or her
25		master record file within the Department, and the Department
26		shall furnish such a report to the Board concerning the conduct

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1		and character of any such person prior to his or her parole
2		interview.
3		(d) In making its determination of parole or aftercare
4		release, the Board shall consider:
5		(1) (blank); material transmitted to the Department of
6		Juvenile Justice by the clerk of the committing court under
7		Section 5-4-1 or Section 5-10 of the Juvenile Court Act or
8		Section 5-750 of the Juvenile Court Act of 1987;
9		(2) the report under Section 3-8-2 or 3-10-2;
10		(3) a report by the Department and any report by the
11		chief administrative officer of the institution or
12		facility;
13		(4) a parole or aftercare release progress report;
14		(5) a medical and psychological report, if requested by
15		the Board;
16		(6) material in writing, or on film, video tape or
17		other electronic means in the form of a recording submitted
18		by the person whose parole or aftercare release is being
19		considered;
20		(7) material in writing, or on film, video tape or
21		other electronic means in the form of a recording or
22		testimony submitted by the State's Attorney and the victim
23		or a concerned citizen pursuant to the Rights of Crime
24		Victims and Witnesses Act; and
25		(8) the person's eligibility for commitment under the
26		Sexually Violent Persons Commitment Act.

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1		(e) The prosecuting State's Attorney's office shall
2		receive from the Board reasonable written notice not less than
3		30 days prior to the parole or aftercare release interview and
4		may submit relevant information by oral argument or testimony
5		of victims and concerned citizens, or both, in writing, or on
6		film, video tape or other electronic means or in the form of a
7		recording to the Board for its consideration. Upon written
8		request of the State's Attorney's office, the Prisoner Review
9		Board shall hear protests to parole, or aftercare release,
10		except in counties of 1,500,000 or more inhabitants where there
11		shall be standing objections to all such petitions. If a
12		State's Attorney who represents a county of less than 1,500,000
13		inhabitants requests a protest hearing, the inmate's counsel or
14		other representative shall also receive notice of such request.
15		This hearing shall take place the month following the inmate's
16		parole or aftercare release interview. If the inmate's parole
17		or aftercare release interview is rescheduled then the Prisoner
18		Review Board shall promptly notify the State's Attorney of the
19		new date. The person eligible for parole or aftercare release
20		shall be heard at the next scheduled en banc hearing date. If
21		the case is to be continued, the State's Attorney's office and
22		the attorney or representative for the person eligible for
23		parole or aftercare release will be notified of any continuance
24		within 5 business days. The State's Attorney may waive the
25		written notice.
26		(f) The victim of the violent crime for which the prisoner

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1		has been sentenced shall receive notice of a parole or
2		aftercare release hearing as provided in paragraph (4) of
3		subsection (d) of Section 4.5 of the Rights of Crime Victims
4		and Witnesses Act.
5		(g) Any recording considered under the provisions of
6		subsection (d)(6), (d)(7) or (e) of this Section shall be in
7		the form designated by the Board. Such recording shall be both
8		visual and aural. Every voice on the recording and person
9		present shall be identified and the recording shall contain
10		either a visual or aural statement of the person submitting
11		such recording, the date of the recording and the name of the
12		person whose parole or aftercare release eligibility is being
13		considered. Such recordings shall be retained by the Board and
14		shall be deemed to be submitted at any subsequent parole or
15		aftercare release hearing if the victim or State's Attorney
16		submits in writing a declaration clearly identifying such
17		recording as representing the present position of the victim or
18		State's Attorney regarding the issues to be considered at the
19		parole or aftercare release hearing.
20		(h) The Board shall not release any material to the inmate,
21		the inmate's attorney, any third party, or any other person
22		containing any information from the victim or from a person
23		related to the victim by blood, adoption, or marriage who has
24		written objections, testified at any hearing, or submitted
25		audio or visual objections to the inmate's parole, or aftercare
26		release, unless provided with a waiver from that objecting

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1		party. The Board shall not release the names or addresses of
2		any person on its victim registry to any other person except
3		the victim, a law enforcement agency, or other victim
4		notification system.
5		(Source: P.A. 97-523, eff. 1-1-12; 97-1075, eff. 8-24-12;
6		97-1083, eff. 8-24-12; 98-463, eff. 8-16-13; 98-558, eff.
7		1-1-14; 98-717, eff. 1-1-15.)
8		(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
9		Sec. 3-3-5. Hearing and Determination.
10		(a) The Prisoner Review Board shall meet as often as need
11		requires to consider the cases of persons eligible for parole
12		and aftercare release. Except as otherwise provided in
13		paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
14		the Prisoner Review Board may meet and order its actions in
15		panels of 3 or more members. The action of a majority of the
16		panel shall be the action of the Board. In consideration of
17		persons committed to the Department of Juvenile Justice, the
18		panel shall have at least a majority of members experienced in
19		juvenile matters.
20		(b) If the person under consideration for parole or
21		aftercare release is in the custody of the Department, at least
22		one member of the Board shall interview him or her, and a
23		report of that interview shall be available for the Board's
24		consideration. However, in the discretion of the Board, the
25		interview need not be conducted if a psychiatric examination

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1		determines that the person could not meaningfully contribute to
2		the Board's consideration. The Board may in its discretion
3		parole or release on aftercare a person who is then outside the
4		jurisdiction on his or her record without an interview. The
5		Board need not hold a hearing or interview a person who is
6		paroled or released on aftercare under paragraphs (d) or (e) of
7		this Section or released on Mandatory release under Section
8		3-3-10.
9		(c) The Board shall not parole or release a person eligible
10		for parole or aftercare release if it determines that:
11		(1) there is a substantial risk that he or she will not
12		conform to reasonable conditions of parole or aftercare
13		release; or
14		(2) his or her release at that time would deprecate the
15		seriousness of his or her offense or promote disrespect for
16		the law; or
17		(3) his or her release would have a substantially
18		adverse effect on institutional discipline.
19		(d) (Blank). A person committed under the Juvenile Court
20		Act or the Juvenile Court Act of 1987 who has not been sooner
21		released shall be released on aftercare on or before his or her
22		20th birthday or upon completion of the maximum term of
23		confinement ordered by the court under Section 5-710 of the
24		Juvenile Court Act of 1987, whichever is sooner, to begin
25		serving a period of aftercare release under Section 3-3-8.
26		(e) A person who has served the maximum term of

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1		imprisonment imposed at the time of sentencing less time credit
2		for good behavior shall be released on parole to serve a period
3		of parole under Section 5-8-1.
4		(f) The Board shall render its decision within a reasonable
5		time after hearing and shall state the basis therefor both in
6		the records of the Board and in written notice to the person on
7		whose application it has acted. In its decision, the Board
8		shall set the person's time for parole or aftercare release, or
9		if it denies parole or aftercare release it shall provide for a
10		rehearing not less frequently than once every year, except that
11		the Board may, after denying parole, schedule a rehearing no
12		later than 5 years from the date of the parole denial, if the
13		Board finds that it is not reasonable to expect that parole
14		would be granted at a hearing prior to the scheduled rehearing
15		date. If the Board shall parole or release a person, and, if he
16		or she is not released within 90 days from the effective date
17		of the order granting parole or aftercare release, the matter
18		shall be returned to the Board for review.
19		(f-1) If the Board paroles or releases a person who is
20		eligible for commitment as a sexually violent person, the
21		effective date of the Board's order shall be stayed for 90 days
22		for the purpose of evaluation and proceedings under the
23		Sexually Violent Persons Commitment Act.
24		(g) The Board shall maintain a registry of decisions in
25		which parole has been granted, which shall include the name and
26		case number of the prisoner, the highest charge for which the

SB2777 Engrossed - 102 - LRB099 20630 RLC 45213 b
1		prisoner was sentenced, the length of sentence imposed, the
2		date of the sentence, the date of the parole, and the basis for
3		the decision of the Board to grant parole and the vote of the
4		Board on any such decisions. The registry shall be made
5		available for public inspection and copying during business
6		hours and shall be a public record pursuant to the provisions
7		of the Freedom of Information Act.
8		(h) The Board shall promulgate rules regarding the exercise
9		of its discretion under this Section.
10		(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
11		(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
12		Sec. 3-3-7. Conditions of Parole or , Mandatory Supervised
13		Release, or Aftercare Release.
14		(a) The conditions of parole, aftercare release, or
15		mandatory supervised release shall be such as the Prisoner
16		Review Board deems necessary to assist the subject in leading a
17		law-abiding life. The conditions of every parole, aftercare
18		release, and mandatory supervised release are that the subject:
19		(1) not violate any criminal statute of any
20		jurisdiction during the parole, aftercare release, or
21		release term;
22		(2) refrain from possessing a firearm or other
23		dangerous weapon;
24		(3) report to an agent of the Department of Corrections
25		or to the Department of Juvenile Justice;

SB2777 Engrossed - 103 - LRB099 20630 RLC 45213 b
1		(4) permit the agent or aftercare specialist to visit
2		him or her at his or her home, employment, or elsewhere to
3		the extent necessary for the agent or aftercare specialist
4		to discharge his or her duties;
5		(5) attend or reside in a facility established for the
6		instruction or residence of persons on parole, aftercare
7		release, or mandatory supervised release;
8		(6) secure permission before visiting or writing a
9		committed person in an Illinois Department of Corrections
10		facility;
11		(7) report all arrests to an agent of the Department of
12		Corrections or to the Department of Juvenile Justice as
13		soon as permitted by the arresting authority but in no
14		event later than 24 hours after release from custody and
15		immediately report service or notification of an order of
16		protection, a civil no contact order, or a stalking no
17		contact order to an agent of the Department of Corrections;
18		(7.5) if convicted of a sex offense as defined in the
19		Sex Offender Management Board Act, the individual shall
20		undergo and successfully complete sex offender treatment
21		conducted in conformance with the standards developed by
22		the Sex Offender Management Board Act by a treatment
23		provider approved by the Board;
24		(7.6) if convicted of a sex offense as defined in the
25		Sex Offender Management Board Act, refrain from residing at
26		the same address or in the same condominium unit or

SB2777 Engrossed - 104 - LRB099 20630 RLC 45213 b
1		apartment unit or in the same condominium complex or
2		apartment complex with another person he or she knows or
3		reasonably should know is a convicted sex offender or has
4		been placed on supervision for a sex offense; the
5		provisions of this paragraph do not apply to a person
6		convicted of a sex offense who is placed in a Department of
7		Corrections licensed transitional housing facility for sex
8		offenders, or is in any facility operated or licensed by
9		the Department of Children and Family Services or by the
10		Department of Human Services, or is in any licensed medical
11		facility;
12		(7.7) if convicted for an offense that would qualify
13		the accused as a sexual predator under the Sex Offender
14		Registration Act on or after January 1, 2007 (the effective
15		date of Public Act 94-988), wear an approved electronic
16		monitoring device as defined in Section 5-8A-2 for the
17		duration of the person's parole, aftercare release,
18		mandatory supervised release term, or extended mandatory
19		supervised release term and if convicted for an offense of
20		criminal sexual assault, aggravated criminal sexual
21		assault, predatory criminal sexual assault of a child,
22		criminal sexual abuse, aggravated criminal sexual abuse,
23		or ritualized abuse of a child committed on or after August
24		11, 2009 (the effective date of Public Act 96-236) when the
25		victim was under 18 years of age at the time of the
26		commission of the offense and the defendant used force or

SB2777 Engrossed - 105 - LRB099 20630 RLC 45213 b
1		the threat of force in the commission of the offense wear
2		an approved electronic monitoring device as defined in
3		Section 5-8A-2 that has Global Positioning System (GPS)
4		capability for the duration of the person's parole,
5		aftercare release, mandatory supervised release term, or
6		extended mandatory supervised release term;
7		(7.8) if convicted for an offense committed on or after
8		June 1, 2008 (the effective date of Public Act 95-464) that
9		would qualify the accused as a child sex offender as
10		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
11		1961 or the Criminal Code of 2012, refrain from
12		communicating with or contacting, by means of the Internet,
13		a person who is not related to the accused and whom the
14		accused reasonably believes to be under 18 years of age;
15		for purposes of this paragraph (7.8), "Internet" has the
16		meaning ascribed to it in Section 16-0.1 of the Criminal
17		Code of 2012; and a person is not related to the accused if
18		the person is not: (i) the spouse, brother, or sister of
19		the accused; (ii) a descendant of the accused; (iii) a
20		first or second cousin of the accused; or (iv) a step-child
21		or adopted child of the accused;
22		(7.9) if convicted under Section 11-6, 11-20.1,
23		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
24		the Criminal Code of 2012, consent to search of computers,
25		PDAs, cellular phones, and other devices under his or her
26		control that are capable of accessing the Internet or

SB2777 Engrossed - 106 - LRB099 20630 RLC 45213 b
1		storing electronic files, in order to confirm Internet
2		protocol addresses reported in accordance with the Sex
3		Offender Registration Act and compliance with conditions
4		in this Act;
5		(7.10) if convicted for an offense that would qualify
6		the accused as a sex offender or sexual predator under the
7		Sex Offender Registration Act on or after June 1, 2008 (the
8		effective date of Public Act 95-640), not possess
9		prescription drugs for erectile dysfunction;
10		(7.11) if convicted for an offense under Section 11-6,
11		11-9.1, 11-14.4 that involves soliciting for a juvenile
12		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
13		of the Criminal Code of 1961 or the Criminal Code of 2012,
14		or any attempt to commit any of these offenses, committed
15		on or after June 1, 2009 (the effective date of Public Act
16		95-983):
17		(i) not access or use a computer or any other
18		device with Internet capability without the prior
19		written approval of the Department;
20		(ii) submit to periodic unannounced examinations
21		of the offender's computer or any other device with
22		Internet capability by the offender's supervising
23		agent, aftercare specialist, a law enforcement
24		officer, or assigned computer or information
25		technology specialist, including the retrieval and
26		copying of all data from the computer or device and any

SB2777 Engrossed - 107 - LRB099 20630 RLC 45213 b
1		internal or external peripherals and removal of such
2		information, equipment, or device to conduct a more
3		thorough inspection;
4		(iii) submit to the installation on the offender's
5		computer or device with Internet capability, at the
6		offender's expense, of one or more hardware or software
7		systems to monitor the Internet use; and
8		(iv) submit to any other appropriate restrictions
9		concerning the offender's use of or access to a
10		computer or any other device with Internet capability
11		imposed by the Board, the Department or the offender's
12		supervising agent or aftercare specialist;
13		(7.12) if convicted of a sex offense as defined in the
14		Sex Offender Registration Act committed on or after January
15		1, 2010 (the effective date of Public Act 96-262), refrain
16		from accessing or using a social networking website as
17		defined in Section 17-0.5 of the Criminal Code of 2012;
18		(7.13) if convicted of a sex offense as defined in
19		Section 2 of the Sex Offender Registration Act committed on
20		or after January 1, 2010 (the effective date of Public Act
21		96-362) that requires the person to register as a sex
22		offender under that Act, may not knowingly use any computer
23		scrub software on any computer that the sex offender uses;
24		(8) obtain permission of an agent of the Department of
25		Corrections or the Department of Juvenile Justice before
26		leaving the State of Illinois;

SB2777 Engrossed - 108 - LRB099 20630 RLC 45213 b
1		(9) obtain permission of an agent of the Department of
2		Corrections or the Department of Juvenile Justice before
3		changing his or her residence or employment;
4		(10) consent to a search of his or her person,
5		property, or residence under his or her control;
6		(11) refrain from the use or possession of narcotics or
7		other controlled substances in any form, or both, or any
8		paraphernalia related to those substances and submit to a
9		urinalysis test as instructed by a parole agent of the
10		Department of Corrections or an aftercare specialist of the
11		Department of Juvenile Justice;
12		(12) not frequent places where controlled substances
13		are illegally sold, used, distributed, or administered;
14		(13) not knowingly associate with other persons on
15		parole, aftercare release, or mandatory supervised release
16		without prior written permission of his or her parole agent
17		or aftercare specialist and not associate with persons who
18		are members of an organized gang as that term is defined in
19		the Illinois Streetgang Terrorism Omnibus Prevention Act;
20		(14) provide true and accurate information, as it
21		relates to his or her adjustment in the community while on
22		parole, aftercare release, or mandatory supervised release
23		or to his or her conduct while incarcerated, in response to
24		inquiries by his or her parole agent or of the Department
25		of Corrections or by his or her aftercare specialist or of
26		the Department of Juvenile Justice;

SB2777 Engrossed - 109 - LRB099 20630 RLC 45213 b
1		(15) follow any specific instructions provided by the
2		parole agent or aftercare specialist that are consistent
3		with furthering conditions set and approved by the Prisoner
4		Review Board or by law, exclusive of placement on
5		electronic detention, to achieve the goals and objectives
6		of his or her parole, aftercare release, or mandatory
7		supervised release or to protect the public. These
8		instructions by the parole agent or aftercare specialist
9		may be modified at any time, as the agent or aftercare
10		specialist deems appropriate;
11		(16) if convicted of a sex offense as defined in
12		subsection (a-5) of Section 3-1-2 of this Code, unless the
13		offender is a parent or guardian of the person under 18
14		years of age present in the home and no non-familial minors
15		are present, not participate in a holiday event involving
16		children under 18 years of age, such as distributing candy
17		or other items to children on Halloween, wearing a Santa
18		Claus costume on or preceding Christmas, being employed as
19		a department store Santa Claus, or wearing an Easter Bunny
20		costume on or preceding Easter;
21		(17) if convicted of a violation of an order of
22		protection under Section 12-3.4 or Section 12-30 of the
23		Criminal Code of 1961 or the Criminal Code of 2012, be
24		placed under electronic surveillance as provided in
25		Section 5-8A-7 of this Code;
26		(18) comply with the terms and conditions of an order

SB2777 Engrossed - 110 - LRB099 20630 RLC 45213 b
1		of protection issued pursuant to the Illinois Domestic
2		Violence Act of 1986; an order of protection issued by the
3		court of another state, tribe, or United States territory;
4		a no contact order issued pursuant to the Civil No Contact
5		Order Act; or a no contact order issued pursuant to the
6		Stalking No Contact Order Act; and
7		(19) if convicted of a violation of the Methamphetamine
8		Control and Community Protection Act, the Methamphetamine
9		Precursor Control Act, or a methamphetamine related
10		offense, be:
11		(A) prohibited from purchasing, possessing, or
12		having under his or her control any product containing
13		pseudoephedrine unless prescribed by a physician; and
14		(B) prohibited from purchasing, possessing, or
15		having under his or her control any product containing
16		ammonium nitrate.
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);

SB2777 Engrossed - 111 - LRB099 20630 RLC 45213 b
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

SB2777 Engrossed - 112 - LRB099 20630 RLC 45213 b
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

SB2777 Engrossed - 113 - LRB099 20630 RLC 45213 b
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

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1		Justice. The terms may include consideration of the purpose
2		of the entry, the time of day, and others accompanying the
3		person;
4		(8) refrain from having any contact, including written
5		or oral communications, directly or indirectly, personally
6		or by telephone, letter, or through a third party with
7		certain specified persons including, but not limited to,
8		the victim or the victim's family without the prior written
9		approval of an agent of the Department of Corrections or
10		the Department of Juvenile Justice;
11		(9) refrain from all contact, directly or indirectly,
12		personally, by telephone, letter, or through a third party,
13		with minor children without prior identification and
14		approval of an agent of the Department of Corrections or
15		the Department of Juvenile Justice;
16		(10) neither possess or have under his or her control
17		any material that is sexually oriented, sexually
18		stimulating, or that shows male or female sex organs or any
19		pictures depicting children under 18 years of age nude or
20		any written or audio material describing sexual
21		intercourse or that depicts or alludes to sexual activity,
22		including but not limited to visual, auditory, telephonic,
23		or electronic media, or any matter obtained through access
24		to any computer or material linked to computer access use;
25		(11) not patronize any business providing sexually
26		stimulating or sexually oriented entertainment nor utilize

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1		"900" or adult telephone numbers;
2		(12) not reside near, visit, or be in or about parks,
3		schools, day care centers, swimming pools, beaches,
4		theaters, or any other places where minor children
5		congregate without advance approval of an agent of the
6		Department of Corrections or the Department of Juvenile
7		Justice and immediately report any incidental contact with
8		minor children to the Department;
9		(13) not possess or have under his or her control
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

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1		release, or mandatory supervised release is to be served shall
2		be communicated to the person in writing prior to his or her
3		release, and he or she shall sign the same before release. A
4		signed copy of these conditions, including a copy of an order
5		of protection where one had been issued by the criminal court,
6		shall be retained by the person and another copy forwarded to
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 5/3-3-8) (from Ch. 38, par. 1003-3-8)
21		Sec. 3-3-8. Length of parole, aftercare release, and
22		mandatory supervised release; discharge.)
23		(a) The length of parole for a person sentenced under the
24		law in effect prior to the effective date of this amendatory
25		Act of 1977 and the length of mandatory supervised release for

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1		those sentenced under the law in effect on and after such
2		effective date shall be as set out in Section 5-8-1 unless
3		sooner terminated under paragraph (b) of this Section. The
4		aftercare release period of a juvenile committed to the
5		Department under the Juvenile Court Act or the Juvenile Court
6		Act of 1987 shall be as set out in Section 5-750 of the
7		Juvenile Court Act of 1987 unless sooner terminated under
8		paragraph (b) of this Section or under the Juvenile Court Act
9		of 1987.
10		(b) The Prisoner Review Board may enter an order releasing
11		and discharging one from parole, aftercare release, or
12		mandatory supervised release, and his or her commitment to the
13		Department, when it determines that he or she is likely to
14		remain at liberty without committing another offense.
15		(b-1) Provided that the subject is in compliance with the
16		terms and conditions of his or her parole, aftercare release,
17		or mandatory supervised release, the Prisoner Review Board may
18		reduce the period of a parolee or releasee's parole, aftercare
19		release, or mandatory supervised release by 90 days upon the
20		parolee or releasee receiving a high school diploma or upon
21		passage of high school equivalency testing during the period of
22		his or her parole, aftercare release, or mandatory supervised
23		release. This reduction in the period of a subject's term of
24		parole, aftercare release, or mandatory supervised release
25		shall be available only to subjects who have not previously
26		earned a high school diploma or who have not previously passed

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1		high school equivalency testing.
2		(c) The order of discharge shall become effective upon
3		entry of the order of the Board. The Board shall notify the
4		clerk of the committing court of the order. Upon receipt of
5		such copy, the clerk shall make an entry on the record judgment
6		that the sentence or commitment has been satisfied pursuant to
7		the order.
8		(d) Rights of the person discharged under this Section
9		shall be restored under Section 5-5-5. This Section is subject
10		to Section 5-750 of the Juvenile Court Act of 1987.
11		(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
12		eff. 1-1-16.)
13		(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
14		Sec. 3-3-9. Violations; changes of conditions; preliminary
15		hearing; revocation of parole, aftercare release, or mandatory
16		supervised release; revocation hearing.
17		(a) If prior to expiration or termination of the term of
18		parole, aftercare release, or mandatory supervised release, a
19		person violates a condition set by the Prisoner Review Board or
20		a condition of parole, aftercare release, or mandatory
21		supervised release under Section 3-3-7 of this Code to govern
22		that term, the Board may:
23		(1) continue the existing term, with or without
24		modifying or enlarging the conditions; or
25		(2) parole or release the person to a half-way house;

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1		or
2		(3) revoke the parole, aftercare release, or mandatory
3		supervised release and reconfine the person for a term
4		computed in the following manner:
5		(i) (A) For those sentenced under the law in effect
6		prior to this amendatory Act of 1977, the recommitment
7		shall be for any portion of the imposed maximum term of
8		imprisonment or confinement which had not been served
9		at the time of parole and the parole term, less the
10		time elapsed between the parole of the person and the
11		commission of the violation for which parole was
12		revoked;
13		(B) Except as set forth in paragraph (C), for those
14		subject to mandatory supervised release under
15		paragraph (d) of Section 5-8-1 of this Code, the
16		recommitment shall be for the total mandatory
17		supervised release term, less the time elapsed between
18		the release of the person and the commission of the
19		violation for which mandatory supervised release is
20		revoked. The Board may also order that a prisoner serve
21		up to one year of the sentence imposed by the court
22		which was not served due to the accumulation of
23		sentence credit;
24		(C) For those subject to sex offender supervision
25		under clause (d)(4) of Section 5-8-1 of this Code, the
26		reconfinement period for violations of clauses (a)(3)

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1		through (b-1)(15) of Section 3-3-7 shall not exceed 2
2		years from the date of reconfinement;
3		(ii) the person shall be given credit against
4		the term of reimprisonment or reconfinement for
5		time spent in custody since he or she was paroled
6		or released which has not been credited against
7		another sentence or period of confinement;
8		(iii) (blank); persons committed under the
9		Juvenile Court Act or the Juvenile Court Act of
10		1987 may be continued under the existing term of
11		aftercare release with or without modifying the
12		conditions of aftercare release, released on
13		aftercare release to a group home or other
14		residential facility, or recommitted until the age
15		of 21 unless sooner terminated;
16		(iv) this Section is subject to the release
17		under supervision and the reparole and rerelease
18		provisions of Section 3-3-10.
19		(b) The Board may revoke parole, aftercare release, or
20		mandatory supervised release for violation of a condition for
21		the duration of the term and for any further period which is
22		reasonably necessary for the adjudication of matters arising
23		before its expiration. The issuance of a warrant of arrest for
24		an alleged violation of the conditions of parole, aftercare
25		release, or mandatory supervised release shall toll the running
26		of the term until the final determination of the charge. When

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1		parole, aftercare release, or mandatory supervised release is
2		not revoked that period shall be credited to the term, unless a
3		community-based sanction is imposed as an alternative to
4		revocation and reincarceration, including a diversion
5		established by the Illinois Department of Corrections Parole
6		Services Unit prior to the holding of a preliminary parole
7		revocation hearing. Parolees who are diverted to a
8		community-based sanction shall serve the entire term of parole
9		or mandatory supervised release, if otherwise appropriate.
10		(b-5) The Board shall revoke parole, aftercare release, or
11		mandatory supervised release for violation of the conditions
12		prescribed in paragraph (7.6) of subsection (a) of Section
13		3-3-7.
14		(c) A person charged with violating a condition of parole,
15		aftercare release, or mandatory supervised release shall have a
16		preliminary hearing before a hearing officer designated by the
17		Board to determine if there is cause to hold the person for a
18		revocation hearing. However, no preliminary hearing need be
19		held when revocation is based upon new criminal charges and a
20		court finds probable cause on the new criminal charges or when
21		the revocation is based upon a new criminal conviction and a
22		certified copy of that conviction is available.
23		(d) Parole, aftercare release, or mandatory supervised
24		release shall not be revoked without written notice to the
25		offender setting forth the violation of parole, aftercare
26		release, or mandatory supervised release charged against him or

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1		her.
2		(e) A hearing on revocation shall be conducted before at
3		least one member of the Prisoner Review Board. The Board may
4		meet and order its actions in panels of 3 or more members. The
5		action of a majority of the panel shall be the action of the
6		Board. In consideration of persons committed to the Department
7		of Juvenile Justice, the member hearing the matter and at least
8		a majority of the panel shall be experienced in juvenile
9		matters. A record of the hearing shall be made. At the hearing
10		the offender shall be permitted to:
11		(1) appear and answer the charge; and
12		(2) bring witnesses on his or her behalf.
13		(f) The Board shall either revoke parole, aftercare
14		release, or mandatory supervised release or order the person's
15		term continued with or without modification or enlargement of
16		the conditions.
17		(g) Parole, aftercare release, or mandatory supervised
18		release shall not be revoked for failure to make payments under
19		the conditions of parole or release unless the Board determines
20		that such failure is due to the offender's willful refusal to
21		pay.
22		(Source: P.A. 97-697, eff. 6-22-12; 98-463, eff. 8-16-13;
23		98-558, eff. 1-1-14.)
24		(730 ILCS 5/3-3-9.5 new)
25		Sec. 3-3-9.5. Revocation of aftercare release; revocation

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1		hearing.
2		(a) If, prior to expiration or termination of the aftercare
3		release term, a juvenile committed to the Department of
4		Juvenile Justice under the Juvenile Court Act of 1987 violates
5		a condition of release set by the Department under Section
6		3-2.5-95 of this Code, the Department may initiate revocation
7		proceedings by issuing a violation warrant under Section
8		3-2.5-70 of this Code or by retaking of the releasee and
9		returning him or her to a Department facility.
10		(b) The Department shall provide the releasee and the
11		Prisoner Review Board with written notice of the alleged
12		violation of aftercare release charged against him or her.
13		(c) The issuance of a warrant of arrest for an alleged
14		violation of the conditions of aftercare release shall toll the
15		running of the aftercare release term until the final
16		determination of the alleged violation is made. If the Board
17		finds that the youth has not violated a condition of aftercare
18		release, that period shall be credited to the term.
19		(d) A person charged with violating a condition of
20		aftercare release shall have a preliminary hearing before a
21		hearing officer designated by the Board to determine if there
22		is probable cause to hold the person for a revocation hearing.
23		However, no preliminary hearing need be held when revocation is
24		based upon new criminal charges and a court finds probable
25		cause on the new criminal charges or when the revocation is
26		based upon a new criminal conviction or a finding of

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1		delinquency and a certified copy of that conviction is
2		available.
3		(e) At the preliminary hearing, the Board may order the
4		releasee held in Department custody or released under
5		supervision pending a final revocation decision of the Board. A
6		youth who is held in Department custody, shall be released and
7		discharged upon the expiration of the maximum term permitted
8		under the Juvenile Court Act of 1987.
9		(f) A hearing on revocation shall be conducted before at
10		least one member of the Prisoner Review Board. The Board may
11		meet and order its actions in panels of 3 or more members. The
12		action of a majority of the panel shall be the action of the
13		Board. The member hearing the matter and at least a majority of
14		the panel shall be experienced in juvenile matters. A record of
15		the hearing shall be made. At the hearing the releasee shall be
16		permitted to:
17		(1) appear and answer the charge; and
18		(2) bring witnesses on his or her behalf.
19		(g) If the Board finds that the juvenile has not violated a
20		condition of aftercare release, the Board shall order the
21		juvenile rereleased and aftercare release continued under the
22		existing term and may make specific recommendations to the
23		Department regarding appropriate conditions of release.
24		(h) If the Board finds that the juvenile has violated a
25		condition of aftercare release, the Board shall either:
26		(1) revoke aftercare release and order the juvenile

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1		reconfined; or
2		(2) order the juvenile rereleased to serve a specified
3		aftercare release term not to exceed the full term
4		permitted under the Juvenile Court Act of 1987 and may make
5		specific recommendations to the Department regarding
6		appropriate conditions of rerelease.
7		(i) Aftercare release shall not be revoked for failure to
8		make payments under the conditions of release unless the Board
9		determines that the failure is due to the juvenile's willful
10		refusal to pay.
11		(730 ILCS 5/3-3-10) (from Ch. 38, par. 1003-3-10)
12		Sec. 3-3-10. Eligibility after Revocation; Release under
13		Supervision.
14		(a) A person whose parole, aftercare release, or mandatory
15		supervised release has been revoked may be reparoled or
16		rereleased by the Board at any time to the full parole,
17		aftercare release, or mandatory supervised release term under
18		Section 3-3-8, except that the time which the person shall
19		remain subject to the Board shall not exceed (1) the imposed
20		maximum term of imprisonment or confinement and the parole term
21		for those sentenced under the law in effect prior to the
22		effective date of this amendatory Act of 1977 or (2) the term
23		of imprisonment imposed by the court and the mandatory
24		supervised release term for those sentenced under the law in
25		effect on and after such effective date.

SB2777 Engrossed - 126 - LRB099 20630 RLC 45213 b
1		(b) If the Board sets no earlier release date:
2		(1) A person sentenced for any violation of law which
3		occurred before January 1, 1973, shall be released under
4		supervision 6 months prior to the expiration of his or her
5		maximum sentence of imprisonment less good time credit
6		under Section 3-6-3.
7		(2) Any person who has violated the conditions of his
8		or her parole and been reconfined under Section 3-3-9 shall
9		be released under supervision 6 months prior to the
10		expiration of the term of his or her reconfinement under
11		paragraph (a) of Section 3-3-9 less good time credit under
12		Section 3-6-3. This paragraph shall not apply to persons
13		serving terms of mandatory supervised release or aftercare
14		release.
15		(3) Nothing herein shall require the release of a
16		person who has violated his or her parole within 6 months
17		of the date when his or her release under this Section
18		would otherwise be mandatory.
19		(c) Persons released under this Section shall be subject to
20		Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
21		3-14-3, and 3-14-4.
22		(d) This Section shall not apply to a juvenile committed to
23		the Department of Juvenile Justice under the Juvenile Court Act
24		of 1987 serving terms of aftercare release.
25		(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)

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1		(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
2		Sec. 3-10-7. Interdepartment Interdivisional Transfers.
3		(a) (Blank). In any case where a minor was originally
4		prosecuted under the provisions of the Criminal Code of 1961 or
5		the Criminal Code of 2012 and sentenced under the provisions of
6		this Act pursuant to Section 2-7 of the Juvenile Court Act or
7		Section 5-805 of the Juvenile Court Act of 1987 and committed
8		to the Department of Juvenile Justice under Section 5-8-6, the
9		Department of Juvenile Justice shall, within 30 days of the
10		date that the minor reaches the age of 17, send formal
11		notification to the sentencing court and the State's Attorney
12		of the county from which the minor was sentenced indicating the
13		day upon which the minor offender will achieve the age of 17.
14		Within 90 days of receipt of that notice, the sentencing court
15		shall conduct a hearing, pursuant to the provisions of
16		subsection (c) of this Section to determine whether or not the
17		minor shall continue to remain under the auspices of the
18		Department of Juvenile Justice or be transferred to the
19		Department of Corrections.
20		The minor shall be served with notice of the date of the
21		hearing, shall be present at the hearing, and has the right to
22		counsel at the hearing. The minor, with the consent of his or
23		her counsel or guardian may waive his presence at hearing.
24		(b) (Blank). Unless sooner paroled under Section 3-3-3, the
25		confinement of a minor person committed for an indeterminate
26		sentence in a criminal proceeding shall terminate at the

SB2777 Engrossed - 128 - LRB099 20630 RLC 45213 b
1		expiration of the maximum term of imprisonment, and he shall
2		thereupon be released to serve a period of parole under Section
3		5-8-1, but if the maximum term of imprisonment does not expire
4		until after his 21st birthday, he shall continue to be subject
5		to the control and custody of the Department of Juvenile
6		Justice, and on his 21st birthday, he shall be transferred to
7		the Department of Corrections. If such person is on parole on
8		his 21st birthday, his parole supervision may be transferred to
9		the Department of Corrections.
10		(c) (Blank). Any interdivisional transfer hearing
11		conducted pursuant to subsection (a) of this Section shall
12		consider all available information which may bear upon the
13		issue of transfer. All evidence helpful to the court in
14		determining the question of transfer, including oral and
15		written reports containing hearsay, may be relied upon to the
16		extent of its probative value, even though not competent for
17		the purposes of an adjudicatory hearing. The court shall
18		consider, along with any other relevant matter, the following:
19		1. The nature of the offense for which the minor was
20		found guilty and the length of the sentence the minor has
21		to serve and the record and previous history of the minor.
22		2. The record of the minor's adjustment within the
23		Department of Juvenile Justice, including, but not limited
24		to, reports from the minor's counselor, any escapes,
25		attempted escapes or violent or disruptive conduct on the
26		part of the minor, any tickets received by the minor,

SB2777 Engrossed - 129 - LRB099 20630 RLC 45213 b
1		summaries of classes attended by the minor, and any record
2		of work performed by the minor while in the institution.
3		3. The relative maturity of the minor based upon the
4		physical, psychological and emotional development of the
5		minor.
6		4. The record of the rehabilitative progress of the
7		minor and an assessment of the vocational potential of the
8		minor.
9		5. An assessment of the necessity for transfer of the
10		minor, including, but not limited to, the availability of
11		space within the Department of Corrections, the
12		disciplinary and security problem which the minor has
13		presented to the Department of Juvenile Justice and the
14		practicability of maintaining the minor in a juvenile
15		facility, whether resources have been exhausted within the
16		Department of Juvenile Justice, the availability of
17		rehabilitative and vocational programs within the
18		Department of Corrections, and the anticipated ability of
19		the minor to adjust to confinement within an adult
20		institution based upon the minor's physical size and
21		maturity.
22		All relevant factors considered under this subsection need
23		not be resolved against the juvenile in order to justify such
24		transfer. Access to social records, probation reports or any
25		other reports which are considered by the court for the purpose
26		of transfer shall be made available to counsel for the juvenile

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1		at least 30 days prior to the date of the transfer hearing. The
2		Sentencing Court, upon granting a transfer order, shall
3		accompany such order with a statement of reasons.
4		(d) (Blank). Whenever the Director of Juvenile Justice or
5		his designee determines that the interests of safety, security
6		and discipline require the transfer to the Department of
7		Corrections of a person 17 years or older who was prosecuted
8		under the provisions of the Criminal Code of 1961 or the
9		Criminal Code of 2012 and sentenced under the provisions of
10		this Act pursuant to Section 2-7 of the Juvenile Court Act or
11		Section 5-805 of the Juvenile Court Act of 1987 and committed
12		to the Department of Juvenile Justice under Section 5-8-6, the
13		Director or his designee may authorize the emergency transfer
14		of such person, unless the transfer of the person is governed
15		by subsection (e) of this Section. The sentencing court shall
16		be provided notice of any emergency transfer no later than 3
17		days after the emergency transfer. Upon motion brought within
18		60 days of the emergency transfer by the sentencing court or
19		any party, the sentencing court may conduct a hearing pursuant
20		to the provisions of subsection (c) of this Section in order to
21		determine whether the person shall remain confined in the
22		Department of Corrections.
23		(e) The Director of Juvenile Justice or his designee may
24		authorize the permanent transfer to the Department of
25		Corrections of any person 18 years or older who was prosecuted
26		under the provisions of the Criminal Code of 1961 or the

SB2777 Engrossed - 131 - LRB099 20630 RLC 45213 b
1		Criminal Code of 2012 and sentenced under the provisions of
2		this Act pursuant to Section 2-7 of the Juvenile Court Act or
3		Section 5-805 of the Juvenile Court Act of 1987 and committed
4		to the Department of Juvenile Justice under Section 5-8-6 of
5		this Act. The Director of Juvenile Justice or his designee
6		shall be governed by the following factors in determining
7		whether to authorize the permanent transfer of the person to
8		the Department of Corrections:
9		1. The nature of the offense for which the person was
10		found guilty and the length of the sentence the person has
11		to serve and the record and previous history of the person.
12		2. The record of the person's adjustment within the
13		Department of Juvenile Justice, including, but not limited
14		to, reports from the person's counselor, any escapes,
15		attempted escapes or violent or disruptive conduct on the
16		part of the person, any tickets received by the person,
17		summaries of classes attended by the person, and any record
18		of work performed by the person while in the institution.
19		3. The relative maturity of the person based upon the
20		physical, psychological and emotional development of the
21		person.
22		4. The record of the rehabilitative progress of the
23		person and an assessment of the vocational potential of the
24		person.
25		5. An assessment of the necessity for transfer of the
26		person, including, but not limited to, the availability of

SB2777 Engrossed - 132 - LRB099 20630 RLC 45213 b
1		space within the Department of Corrections, the
2		disciplinary and security problem which the person has
3		presented to the Department of Juvenile Justice and the
4		practicability of maintaining the person in a juvenile
5		facility, whether resources have been exhausted within the
6		Department of Juvenile Justice, the availability of
7		rehabilitative and vocational programs within the
8		Department of Corrections, and the anticipated ability of
9		the person to adjust to confinement within an adult
10		institution based upon the person's physical size and
11		maturity.
12		(Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)
13		(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
14		Sec. 5-8-6. Place of Confinement.
15		(a) Offenders sentenced to a term of imprisonment for a
16		felony shall be committed to the penitentiary system of the
17		Department of Corrections. However, such sentence shall not
18		limit the powers of the Department of Children and Family
19		Services in relation to any child under the age of one year in
20		the sole custody of a person so sentenced, nor in relation to
21		any child delivered by a female so sentenced while she is so
22		confined as a consequence of such sentence. A person sentenced
23		for a felony may be assigned by the Department of Corrections
24		to any of its institutions, facilities or programs.
25		(b) Offenders sentenced to a term of imprisonment for less

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1		than one year shall be committed to the custody of the sheriff.
2		A person committed to the Department of Corrections, prior to
3		July 14, 1983, for less than one year may be assigned by the
4		Department to any of its institutions, facilities or programs.
5		(c) All offenders under 18 17 years of age when sentenced
6		to imprisonment shall be committed to the Department of
7		Juvenile Justice and the court in its order of commitment shall
8		set a definite term. Such order of commitment shall be the
9		sentence of the court which may be amended by the court while
10		jurisdiction is retained; and such sentence shall apply
11		whenever the offender sentenced is in the control and custody
12		of the Department of Corrections. The provisions of Section
13		3-3-3 shall be a part of such commitment as fully as though
14		written in the order of commitment. The place of confinement
15		for sentences imposed before the effective date of this
16		amendatory Act of the 99th General Assembly are not affected or
17		abated by this amendatory Act of the 99th General Assembly. The
18		committing court shall retain jurisdiction of the subject
19		matter and the person until he or she reaches the age of 21
20		unless earlier discharged. However, the Department of Juvenile
21		Justice shall, after a juvenile has reached 17 years of age,
22		petition the court to conduct a hearing pursuant to subsection
23		(c) of Section 3-10-7 of this Code.
24		(d) No defendant shall be committed to the Department of
25		Corrections for the recovery of a fine or costs.
26		(e) When a court sentences a defendant to a term of

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1		imprisonment concurrent with a previous and unexpired sentence
2		of imprisonment imposed by any district court of the United
3		States, it may commit the offender to the custody of the
4		Attorney General of the United States. The Attorney General of
5		the United States, or the authorized representative of the
6		Attorney General of the United States, shall be furnished with
7		the warrant of commitment from the court imposing sentence,
8		which warrant of commitment shall provide that, when the
9		offender is released from federal confinement, whether by
10		parole or by termination of sentence, the offender shall be
11		transferred by the Sheriff of the committing county to the
12		Department of Corrections. The court shall cause the Department
13		to be notified of such sentence at the time of commitment and
14		to be provided with copies of all records regarding the
15		sentence.
16		(Source: P.A. 94-696, eff. 6-1-06.)
17		(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
18		Sec. 5-8A-3. Application.
19		(a) Except as provided in subsection (d), a person charged
20		with or convicted of an excluded offense may not be placed in
21		an electronic home detention program, except for bond pending
22		trial or appeal or while on parole, aftercare release, or
23		mandatory supervised release.
24		(b) A person serving a sentence for a conviction of a Class
25		1 felony, other than an excluded offense, may be placed in an

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1		electronic home detention program for a period not to exceed
2		the last 90 days of incarceration.
3		(c) A person serving a sentence for a conviction of a Class
4		X felony, other than an excluded offense, may be placed in an
5		electronic home detention program for a period not to exceed
6		the last 90 days of incarceration, provided that the person was
7		sentenced on or after the effective date of this amendatory Act
8		of 1993 and provided that the court has not prohibited the
9		program for the person in the sentencing order.
10		(d) A person serving a sentence for conviction of an
11		offense other than for predatory criminal sexual assault of a
12		child, aggravated criminal sexual assault, criminal sexual
13		assault, aggravated criminal sexual abuse, or felony criminal
14		sexual abuse, may be placed in an electronic home detention
15		program for a period not to exceed the last 12 months of
16		incarceration, provided that (i) the person is 55 years of age
17		or older; (ii) the person is serving a determinate sentence;
18		(iii) the person has served at least 25% of the sentenced
19		prison term; and (iv) placement in an electronic home detention
20		program is approved by the Prisoner Review Board or the
21		Department of Juvenile Justice.
22		(e) A person serving a sentence for conviction of a Class
23		2, 3 or 4 felony offense which is not an excluded offense may
24		be placed in an electronic home detention program pursuant to
25		Department administrative directives.
26		(f) Applications for electronic home detention may include

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1		the following:
2		(1) pretrial or pre-adjudicatory detention;
3		(2) probation;
4		(3) conditional discharge;
5		(4) periodic imprisonment;
6		(5) parole, aftercare release, or mandatory supervised
7		release;
8		(6) work release;
9		(7) furlough; or
10		(8) post-trial incarceration.
11		(g) A person convicted of an offense described in clause
12		(4) or (5) of subsection (d) of Section 5-8-1 of this Code
13		shall be placed in an electronic home detention program for at
14		least the first 2 years of the person's mandatory supervised
15		release term.
16		(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
17		(730 ILCS 5/5-8A-7)
18		Sec. 5-8A-7. Domestic violence surveillance program. If
19		the Prisoner Review Board, Department of Corrections,
20		Department of Juvenile Justice, or court (the supervising
21		authority) orders electronic surveillance as a condition of
22		parole, aftercare release, mandatory supervised release, early
23		release, probation, or conditional discharge for a violation of
24		an order of protection or as a condition of bail for a person
25		charged with a violation of an order of protection, the

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1		supervising authority shall use the best available global
2		positioning technology to track domestic violence offenders.
3		Best available technology must have real-time and interactive
4		capabilities that facilitate the following objectives: (1)
5		immediate notification to the supervising authority of a breach
6		of a court ordered exclusion zone; (2) notification of the
7		breach to the offender; and (3) communication between the
8		supervising authority, law enforcement, and the victim,
9		regarding the breach.
10		(Source: P.A. 98-558, eff. 1-1-14.)
11		Section 35. The Open Parole Hearings Act is amended by
12		changing Sections 5, 10, 15, and 20 as follows:
13		(730 ILCS 105/5) (from Ch. 38, par. 1655)
14		Sec. 5. Definitions. As used in this Act:
15		(a) "Applicant" means an inmate who is being considered for
16		parole or aftercare release by the Prisoner Review Board.
17		(a-1) "Aftercare releasee" means a person released from the
18		Department of Juvenile Justice on aftercare release subject to
19		aftercare revocation proceedings.
20		(b) "Board" means the Prisoner Review Board as established
21		in Section 3-3-1 of the Unified Code of Corrections.
22		(c) "Parolee" means a person subject to parole revocation
23		proceedings.
24		(d) "Parole or aftercare release hearing" means the formal

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1		hearing and determination of an inmate being considered for
2		release from incarceration on parole community supervision.
3		(e) "Parole, aftercare release, or mandatory supervised
4		release revocation hearing" means the formal hearing and
5		determination of allegations that a parolee, aftercare
6		releasee, or mandatory supervised releasee has violated the
7		conditions of his or her release agreement.
8		(f) "Victim" means a victim or witness of a violent crime
9		as defined in subsection (a) of Section 3 of the Bill of Rights
10		for Victims and Witnesses of Violent Crime Act, or any person
11		legally related to the victim by blood, marriage, adoption, or
12		guardianship, or any friend of the victim, or any concerned
13		citizen.
14		(g) "Violent crime" means a crime defined in subsection (c)
15		of Section 3 of the Bill of Rights for Victims and Witnesses of
16		Violent Crime Act.
17		(Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)
18		(730 ILCS 105/10) (from Ch. 38, par. 1660)
19		Sec. 10. Victim's statements.
20		(a) Upon request of the victim, the State's Attorney shall
21		forward a copy of any statement presented at the time of trial
22		to the Prisoner Review Board to be considered at the time of a
23		parole or aftercare release hearing.
24		(b) The victim may enter a statement either oral, written,
25		on video tape, or other electronic means in the form and manner

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1		described by the Prisoner Review Board to be considered at the
2		time of a parole or aftercare release consideration hearing.
3		(Source: P.A. 98-558, eff. 1-1-14.)
4		(730 ILCS 105/15) (from Ch. 38, par. 1665)
5		Sec. 15. Open hearings.
6		(a) The Board may restrict the number of individuals
7		allowed to attend parole or aftercare release, or parole or
8		aftercare release revocation hearings in accordance with
9		physical limitations, security requirements of the hearing
10		facilities or those giving repetitive or cumulative testimony.
11		The Board may also restrict attendance at an aftercare release
12		or aftercare release revocation hearing in order to protect the
13		confidentiality of the youth.
14		(b) The Board may deny admission or continued attendance at
15		parole or aftercare release hearings, or parole or aftercare
16		release revocation hearings to individuals who:
17		(1) threaten or present danger to the security of the
18		institution in which the hearing is being held;
19		(2) threaten or present a danger to other attendees or
20		participants; or
21		(3) disrupt the hearing.
22		(c) Upon formal action of a majority of the Board members
23		present, the Board may close parole or aftercare release
24		hearings and parole or aftercare release revocation hearings in
25		order to:

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1		(1) deliberate upon the oral testimony and any other
2		relevant information received from applicants, parolees,
3		releasees, victims, or others; or
4		(2) provide applicants, releasees, and parolees the
5		opportunity to challenge information other than that which
6		if the person's identity were to be exposed would possibly
7		subject them to bodily harm or death, which they believe
8		detrimental to their parole or aftercare release
9		determination hearing or revocation proceedings.
10		(Source: P.A. 98-558, eff. 1-1-14.)
11		(730 ILCS 105/20) (from Ch. 38, par. 1670)
12		Sec. 20. Finality of Board decisions. A Board decision
13		concerning parole or aftercare release, or parole or aftercare
14		release revocation shall be final at the time the decision is
15		delivered to the inmate, subject to any rehearing granted under
16		Board rules.
17		(Source: P.A. 98-558, eff. 1-1-14.)