Bill Text: IL HB2990 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Provides that the conditions of every parole and mandatory supervised release are that the subject not knowingly frequent places where controlled substances are illegally sold, used, distributed, or administered and not knowingly associate with other persons on parole or mandatory supervised release without prior written permission of his or her parole agent, 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, except when the association involves activities related to community programs, worship, services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent. Effective immediately.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB2990 Detail]

Download: Illinois-2017-HB2990-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2990

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7

Amends the Unified Code of Corrections. Provides that the conditions of every parole and mandatory supervised release are that the subject not knowingly frequent places where controlled substances are illegally sold, used, distributed, or administered and not knowingly associate with other persons on parole or mandatory supervised release without prior written permission of his or her parole agent, 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, except when the association involves activities related to community programs, worship, services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent. Effective immediately.
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-7 as follows:
6 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
7 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
8Release.
9 (a) The conditions of parole or mandatory supervised
10release shall be such as the Prisoner Review Board deems
11necessary to assist the subject in leading a law-abiding life.
12The conditions of every parole and mandatory supervised release
13are that the subject:
14 (1) not violate any criminal statute of any
15 jurisdiction during the parole or release term;
16 (2) refrain from possessing a firearm or other
17 dangerous weapon;
18 (3) report to an agent of the Department of
19 Corrections;
20 (4) permit the agent to visit him or her at his or her
21 home, employment, or elsewhere to the extent necessary for
22 the agent to discharge his or her duties;
23 (5) attend or reside in a facility established for the

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1 instruction or residence of persons on parole or mandatory
2 supervised release;
3 (6) secure permission before visiting or writing a
4 committed person in an Illinois Department of Corrections
5 facility;
6 (7) report all arrests to an agent of the Department of
7 Corrections as soon as permitted by the arresting authority
8 but in no event later than 24 hours after release from
9 custody and immediately report service or notification of
10 an order of protection, a civil no contact order, or a
11 stalking no contact order to an agent of the Department of
12 Corrections;
13 (7.5) if convicted of a sex offense as defined in the
14 Sex Offender Management Board Act, the individual shall
15 undergo and successfully complete sex offender treatment
16 conducted in conformance with the standards developed by
17 the Sex Offender Management Board Act by a treatment
18 provider approved by the Board;
19 (7.6) if convicted of a sex offense as defined in the
20 Sex Offender Management Board Act, refrain from residing at
21 the same address or in the same condominium unit or
22 apartment unit or in the same condominium complex or
23 apartment complex with another person he or she knows or
24 reasonably should know is a convicted sex offender or has
25 been placed on supervision for a sex offense; the
26 provisions of this paragraph do not apply to a person

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

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1 term;
2 (7.8) if convicted for an offense committed on or after
3 June 1, 2008 (the effective date of Public Act 95-464) that
4 would qualify the accused as a child sex offender as
5 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
6 1961 or the Criminal Code of 2012, refrain from
7 communicating with or contacting, by means of the Internet,
8 a person who is not related to the accused and whom the
9 accused reasonably believes to be under 18 years of age;
10 for purposes of this paragraph (7.8), "Internet" has the
11 meaning ascribed to it in Section 16-0.1 of the Criminal
12 Code of 2012; and a person is not related to the accused if
13 the person is not: (i) the spouse, brother, or sister of
14 the accused; (ii) a descendant of the accused; (iii) a
15 first or second cousin of the accused; or (iv) a step-child
16 or adopted child of the accused;
17 (7.9) if convicted under Section 11-6, 11-20.1,
18 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
19 the Criminal Code of 2012, consent to search of computers,
20 PDAs, cellular phones, and other devices under his or her
21 control that are capable of accessing the Internet or
22 storing electronic files, in order to confirm Internet
23 protocol addresses reported in accordance with the Sex
24 Offender Registration Act and compliance with conditions
25 in this Act;
26 (7.10) if convicted for an offense that would qualify

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1 the accused as a sex offender or sexual predator under the
2 Sex Offender Registration Act on or after June 1, 2008 (the
3 effective date of Public Act 95-640), not possess
4 prescription drugs for erectile dysfunction;
5 (7.11) if convicted for an offense under Section 11-6,
6 11-9.1, 11-14.4 that involves soliciting for a juvenile
7 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8 of the Criminal Code of 1961 or the Criminal Code of 2012,
9 or any attempt to commit any of these offenses, committed
10 on or after June 1, 2009 (the effective date of Public Act
11 95-983):
12 (i) not access or use a computer or any other
13 device with Internet capability without the prior
14 written approval of the Department;
15 (ii) submit to periodic unannounced examinations
16 of the offender's computer or any other device with
17 Internet capability by the offender's supervising
18 agent, a law enforcement officer, or assigned computer
19 or information technology specialist, including the
20 retrieval and copying of all data from the computer or
21 device and any internal or external peripherals and
22 removal of such information, equipment, or device to
23 conduct a more thorough inspection;
24 (iii) submit to the installation on the offender's
25 computer or device with Internet capability, at the
26 offender's expense, of one or more hardware or software

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1 systems to monitor the Internet use; and
2 (iv) submit to any other appropriate restrictions
3 concerning the offender's use of or access to a
4 computer or any other device with Internet capability
5 imposed by the Board, the Department or the offender's
6 supervising agent;
7 (7.12) if convicted of a sex offense as defined in the
8 Sex Offender Registration Act committed on or after January
9 1, 2010 (the effective date of Public Act 96-262), refrain
10 from accessing or using a social networking website as
11 defined in Section 17-0.5 of the Criminal Code of 2012;
12 (7.13) if convicted of a sex offense as defined in
13 Section 2 of the Sex Offender Registration Act committed on
14 or after January 1, 2010 (the effective date of Public Act
15 96-362) that requires the person to register as a sex
16 offender under that Act, may not knowingly use any computer
17 scrub software on any computer that the sex offender uses;
18 (8) obtain permission of an agent of the Department of
19 Corrections before leaving the State of Illinois;
20 (9) obtain permission of an agent of the Department of
21 Corrections before changing his or her residence or
22 employment;
23 (10) consent to a search of his or her person,
24 property, or residence under his or her control;
25 (11) refrain from the use or possession of narcotics or
26 other controlled substances in any form, or both, or any

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1 paraphernalia related to those substances and submit to a
2 urinalysis test as instructed by a parole agent of the
3 Department of Corrections;
4 (12) not knowingly frequent places where controlled
5 substances are illegally sold, used, distributed, or
6 administered;
7 (13) not knowingly associate with other persons on
8 parole or mandatory supervised release without prior
9 written permission of his or her parole agent, except when
10 the association involves activities related to community
11 programs, worship services, volunteering, and engaging
12 families, and not associate with persons who are members of
13 an organized gang as that term is defined in the Illinois
14 Streetgang Terrorism Omnibus Prevention Act, except when
15 the association involves activities related to community
16 programs, worship, services, volunteering, engaging
17 families, or some other pro-social activity in which there
18 is no evidence of criminal intent;
19 (14) provide true and accurate information, as it
20 relates to his or her adjustment in the community while on
21 parole or mandatory supervised release or to his or her
22 conduct while incarcerated, in response to inquiries by his
23 or her parole agent or of the Department of Corrections;
24 (15) follow any specific instructions provided by the
25 parole agent that are consistent with furthering
26 conditions set and approved by the Prisoner Review Board or

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

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1 Stalking No Contact Order Act; and
2 (19) if convicted of a violation of the Methamphetamine
3 Control and Community Protection Act, the Methamphetamine
4 Precursor Control Act, or a methamphetamine related
5 offense, be:
6 (A) prohibited from purchasing, possessing, or
7 having under his or her control any product containing
8 pseudoephedrine unless prescribed by a physician; and
9 (B) prohibited from purchasing, possessing, or
10 having under his or her control any product containing
11 ammonium nitrate.
12 (b) The Board may in addition to other conditions require
13that the subject:
14 (1) work or pursue a course of study or vocational
15 training;
16 (2) undergo medical or psychiatric treatment, or
17 treatment for drug addiction or alcoholism;
18 (3) attend or reside in a facility established for the
19 instruction or residence of persons on probation or parole;
20 (4) support his or her dependents;
21 (5) (blank);
22 (6) (blank);
23 (7) (blank);
24 (7.5) if convicted for an offense committed on or after
25 the effective date of this amendatory Act of the 95th
26 General Assembly that would qualify the accused as a child

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1 sex offender as defined in Section 11-9.3 or 11-9.4 of the
2 Criminal Code of 1961 or the Criminal Code of 2012, refrain
3 from communicating with or contacting, by means of the
4 Internet, a person who is related to the accused and whom
5 the accused reasonably believes to be under 18 years of
6 age; for purposes of this paragraph (7.5), "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
9 accused if the person is: (i) the spouse, brother, or
10 sister of the accused; (ii) a descendant of the accused;
11 (iii) a first or second cousin of the accused; or (iv) a
12 step-child or adopted child of the accused;
13 (7.6) if convicted for an offense committed on or after
14 June 1, 2009 (the effective date of Public Act 95-983) that
15 would qualify as a sex offense as defined in the Sex
16 Offender Registration Act:
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, a law enforcement officer, or assigned computer
24 or information technology specialist, including the
25 retrieval and copying of all data from the computer or
26 device and any internal or external peripherals and

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1 removal of such information, equipment, or device to
2 conduct a more thorough inspection;
3 (iii) submit to the installation on the offender's
4 computer or device with Internet capability, at the
5 offender's expense, of one or more hardware or software
6 systems to monitor the Internet use; and
7 (iv) submit to any other appropriate restrictions
8 concerning the offender's use of or access to a
9 computer or any other device with Internet capability
10 imposed by the Board, the Department or the offender's
11 supervising agent; and
12 (8) in addition, if a minor:
13 (i) reside with his or her parents or in a foster
14 home;
15 (ii) attend school;
16 (iii) attend a non-residential program for youth;
17 or
18 (iv) contribute to his or her own support at home
19 or in a foster home.
20 (b-1) In addition to the conditions set forth in
21subsections (a) and (b), persons required to register as sex
22offenders pursuant to the Sex Offender Registration Act, upon
23release from the custody of the Illinois Department of
24Corrections, may be required by the Board to comply with the
25following specific conditions of release:
26 (1) reside only at a Department approved location;

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

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

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1 (14) may be required to provide a written daily log of
2 activities if directed by an agent of the Department of
3 Corrections;
4 (15) comply with all other special conditions that the
5 Department may impose that restrict the person from
6 high-risk situations and limit access to potential
7 victims;
8 (16) take an annual polygraph exam;
9 (17) maintain a log of his or her travel; or
10 (18) obtain prior approval of his or her parole officer
11 before driving alone in a motor vehicle.
12 (c) The conditions under which the parole or mandatory
13supervised release is to be served shall be communicated to the
14person in writing prior to his or her release, and he or she
15shall sign the same before release. A signed copy of these
16conditions, including a copy of an order of protection where
17one had been issued by the criminal court, shall be retained by
18the person and another copy forwarded to the officer in charge
19of his or her supervision.
20 (d) After a hearing under Section 3-3-9, the Prisoner
21Review Board may modify or enlarge the conditions of parole or
22mandatory supervised release.
23 (e) The Department shall inform all offenders committed to
24the Department of the optional services available to them upon
25release and shall assist inmates in availing themselves of such
26optional services upon their release on a voluntary basis.

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1 (f) (Blank).
2(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698,
3eff. 7-29-16; revised 9-1-16.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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