Bill Text: IL HB2407 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory supervised release, a person placed on parole or mandatory supervised release must reside within the county where the subject resided immediately prior to his or her commitment to the Department of Corrections. Provides that upon release of a person on parole or mandatory supervised release, the Department of Corrections shall release the person only to an address located in the county where the subject resided immediately prior to his or her commitment to the Department.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-05-12 - Added Chief Co-Sponsor Rep. La Shawn K. Ford [HB2407 Detail]

Download: Illinois-2015-HB2407-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2407 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
Amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory supervised release, a person placed on parole or mandatory supervised release must reside within the county where the subject resided immediately prior to his or her commitment to the Department of Corrections. Provides that upon release of a person on parole or mandatory supervised release, the Department of Corrections shall release the person only to an address located in the county where the subject resided immediately prior to his or her commitment to the Department.
LRB099 06888 RLC 26968 b
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-7 and 3-14-1 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole, Mandatory Supervised
Release, or Aftercare Release.
(a) The conditions of parole, aftercare release, or
mandatory supervised release shall be such as the Prisoner
Review Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole, aftercare
release, and mandatory supervised release are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole, aftercare release, or
release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of Corrections
or to the Department of Juvenile Justice;
(4) permit the agent or aftercare specialist to visit
him or her at his or her home, employment, or elsewhere to
the extent necessary for the agent or aftercare specialist

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to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole, aftercare
release, or mandatory supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department of
Corrections or to the Department of Juvenile Justice as
soon as permitted by the arresting authority but in no
event later than 24 hours after release from custody and
immediately report service or notification of an order of
protection, a civil no contact order, or a stalking no
contact order to an agent of the Department of Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has

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been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the effective
date of Public Act 94-988), wear an approved electronic
monitoring device as defined in Section 5-8A-2 for the
duration of the person's parole, aftercare release,
mandatory supervised release term, or extended mandatory
supervised release term and if convicted for an offense of
criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child,
criminal sexual abuse, aggravated criminal sexual abuse,
or ritualized abuse of a child committed on or after August
11, 2009 (the effective date of Public Act 96-236) when the
victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)

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capability for the duration of the person's parole,
aftercare release, mandatory supervised release term, or
extended mandatory supervised release term;
(7.8) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (7.8), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(7.9) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
the Criminal Code of 2012, consent to search of computers,
PDAs, cellular phones, and other devices under his or her
control that are capable of accessing the Internet or
storing electronic files, in order to confirm Internet
protocol addresses reported in accordance with the Sex
Offender Registration Act and compliance with conditions

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in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008 (the
effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, aftercare specialist, a law enforcement
officer, or assigned computer or information
technology specialist, including the retrieval and
copying of all data from the computer or device and any
internal or external peripherals and removal of such
information, equipment, or device to conduct a more
thorough inspection;

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(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent or aftercare specialist;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department of
Corrections or the Department of Juvenile Justice before
leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections or the Department of Juvenile Justice before
changing his or her residence or employment;

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(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any
paraphernalia related to those substances and submit to a
urinalysis test as instructed by a parole agent of the
Department of Corrections or an aftercare specialist of the
Department of Juvenile Justice;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole, aftercare release, or mandatory supervised release
without prior written permission of his or her parole agent
or aftercare specialist and not associate with persons who
are members of an organized gang as that term is defined in
the Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole, aftercare release, or mandatory supervised release
or to his or her conduct while incarcerated, in response to
inquiries by his or her parole agent or of the Department
of Corrections or by his or her aftercare specialist or of
the Department of Juvenile Justice;
(15) follow any specific instructions provided by the
parole agent or aftercare specialist that are consistent
with furthering conditions set and approved by the Prisoner

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Review Board or by law, exclusive of placement on
electronic detention, to achieve the goals and objectives
of his or her parole, aftercare release, or mandatory
supervised release or to protect the public. These
instructions by the parole agent or aftercare specialist
may be modified at any time, as the agent or aftercare
specialist deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;

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a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act; and
(19) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate; and .
(20) reside within the county where the subject resided
immediately prior to his or her commitment to the
Department of Corrections.
(b) The Board may in addition to other conditions require
that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his or her dependents;
(5) (blank);

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(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012, refrain
from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (7.5), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with

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Internet capability by the offender's supervising
agent or aftercare specialist, a law enforcement
officer, or assigned computer or information
technology specialist, including the retrieval and
copying of all data from the computer or device and any
internal or external peripherals and removal of such
information, equipment, or device to conduct a more
thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent or aftercare specialist; and
(8) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(b-1) In addition to the conditions set forth in

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subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections or Department of Juvenile Justice, may be required
by the Board to comply with the following specific conditions
of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections or the Department of Juvenile Justice prior
to accepting employment or pursuing a course of study or
vocational training and notify the Department prior to any
change in employment, study, or training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections or the Department of
Juvenile Justice;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections or the Department of Juvenile

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

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"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections or the Department of Juvenile
Justice and immediately report any incidental contact with
minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections or the Department of
Juvenile Justice;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections or the Department of Juvenile Justice;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole officer
or aftercare specialist before driving alone in a motor
vehicle.
(c) The conditions under which the parole, aftercare

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release, or mandatory supervised release is to be served shall
be communicated to the person in writing prior to his or her
release, and he or she shall sign the same before release. A
signed copy of these conditions, including a copy of an order
of protection where one had been issued by the criminal court,
shall be retained by the person and another copy forwarded to
the officer or aftercare specialist in charge of his or her
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole,
aftercare release, or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
(f) (Blank).
(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the Institution.
(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated

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place of residence and employment. Upon release of a person on
parole or mandatory supervised release, the Department shall
release the person only to an address located in the county
where the subject resided immediately prior to his or her
commitment to the Department of Corrections. It may provide
such person with a grant of money for travel and expenses which
may be paid in installments. The amount of the money grant
shall be determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is discharged
from the Department, provide him or her with any documents
necessary after discharge, including an identification card
under subsection (e) of this Section.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds to
be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of

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the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released into
the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.

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(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Department of State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Department of State Police shall make this information
available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised release
becomes a resident of a facility licensed or regulated by the
Department of Public Health, the Illinois Department of Public
Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the following
information to the appropriate licensing or regulating
Department and the licensed or regulated facility where the
person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the

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Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the municipality
and county in which the licensed facility is located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been exposed
to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who

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has been wrongfully imprisoned, the Department shall provide
the person who has met the criteria established by the
Department with an identification card identifying the person
as being on parole, mandatory supervised release, final
discharge, pardon, or wrongfully imprisoned, as the case may
be. The Department, in consultation with the Office of the
Secretary of State, shall prescribe the form of the
identification card, which may be similar to the form of the
standard Illinois Identification Card. The Department shall
inform the committed person that he or she may present the
identification card to the Office of the Secretary of State
upon application for a standard Illinois Identification Card in
accordance with the Illinois Identification Card Act. The
Department shall require the committed person to pay a $1 fee
for the identification card.
For purposes of a committed person receiving an
identification card issued by the Department under this
subsection, the Department shall establish criteria that the
committed person must meet before the card is issued. It is the
sole responsibility of the committed person requesting the
identification card issued by the Department to meet the
established criteria. The person's failure to meet the criteria
is sufficient reason to deny the committed person the
identification card. An identification card issued by the
Department under this subsection shall be valid for a period of
time not to exceed 30 calendar days from the date the card is

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issued. The Department shall not be held civilly or criminally
liable to anyone because of any act of any person utilizing a
card issued by the Department under this subsection.
The Department shall adopt rules governing the issuance of
identification cards to committed persons being released on
parole, mandatory supervised release, final discharge, or
pardon.
(Source: P.A. 97-560, eff. 1-1-12; 97-813, eff. 7-13-12;
98-267, eff. 1-1-14.)