Bill Text: IL HB5492 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Unified Code of Corrections. Provides that a person committed under the Juvenile Court Act of 1987 shall be released on parole to serve an initial minimum period of at least 90 days, but no more than 6 months on parole. Provides that the youth's parole officer shall discharge the youth from parole prior to completion of the initial period if the officer determines it is in the youth's best interest. Provides that the Department of Juvenile Justice may discharge a youth from aftercare upon the youth's successful completion of the case plan and cooperation with parole conditions. Provides that the Prisoner Review Board may review and revise successful discharge decisions within 10 business days. Provides that the Prisoner Review Board, at the expiration of the initial mandatory parole period, may, upon a hearing and for good cause shown, extend the supervision up to 6 months. Provides that the Illinois Juvenile Justice Commission shall submit a report by December 30, 2012 to the General Assembly with recommendations regarding youth-specific parole conditions. Effective immediately.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5492 Detail]

Download: Illinois-2011-HB5492-Amended.html

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Rep. Robyn Gabel

Filed: 3/27/2012

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AMENDMENT TO HOUSE BILL 5492
AMENDMENT NO. ______. Amend House Bill 5492, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-5, 3-3-7, and 3-3-8 as follows:
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. Hearing and Determination.
(a) The Prisoner Review Board shall meet as often as need
requires to consider the cases of persons eligible for parole.
Except as otherwise provided in paragraph (2) of subsection (a)
of Section 3-3-2 of this Act, the Prisoner Review Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. In consideration of persons committed to the Department
of Juvenile Justice, the panel shall have at least a majority

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of members experienced in juvenile matters.
(b) If the person under consideration for parole is in the
custody of the Department, at least one member of the Board
shall interview him, and a report of that interview shall be
available for the Board's consideration. However, in the
discretion of the Board, the interview need not be conducted if
a psychiatric examination determines that the person could not
meaningfully contribute to the Board's consideration. The
Board may in its discretion parole a person who is then outside
the jurisdiction on his record without an interview. The Board
need not hold a hearing or interview a person who is paroled
under paragraphs (d) or (e) of this Section or released on
Mandatory release under Section 3-3-10.
(c) The Board shall not parole a person convicted of a
crime and eligible for parole if it determines that:
(1) there is a substantial risk that he will not
conform to reasonable conditions of parole; or
(2) his release at that time would deprecate the
seriousness of his offense or promote disrespect for the
law; or
(3) his release would have a substantially adverse
effect on institutional discipline.
(d) A person committed under the Juvenile Court Act or the
Juvenile Court Act of 1987 who has not been sooner released
shall be paroled on or before his 20th birthday to begin
serving a period of parole under Section 3-3-8.

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(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time credit
for good behavior shall be released on parole to serve a period
of parole under Section 5-8-1.
(f) The Board shall render its decision within a reasonable
time after hearing and shall state the basis therefor both in
the records of the Board and in written notice to the person on
whose application it has acted. In its decision, the Board
shall set the person's time for parole, or if it denies parole
it shall provide for a rehearing not less frequently than once
every year, except that the Board may, after denying parole,
schedule a rehearing no later than 5 years from the date of the
parole denial, if the Board finds that it is not reasonable to
expect that parole would be granted at a hearing prior to the
scheduled rehearing date. If the Board shall parole a person,
and, if he is not released within 90 days from the effective
date of the order granting parole, the matter shall be returned
to the Board for review.
(g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name and
case number of the prisoner, the highest charge for which the
prisoner was sentenced, the length of sentence imposed, the
date of the sentence, the date of the parole, and the basis for
the decision of the Board to grant parole and the vote of the
Board on any such decisions. The registry shall be made
available for public inspection and copying during business

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hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
(a) The conditions of parole 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 and mandatory supervised release
are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;

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(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 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
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

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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, 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) capability for the
duration of the person's parole, mandatory supervised
release term, or extended mandatory supervised release
term;
(7.8) if convicted for an offense committed on or after

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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, 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 1961; 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,
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 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

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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 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, 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

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imposed by the Board, the Department or the offender's
supervising agent;
(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 1961;
(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 before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(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;
(12) not frequent places where controlled substances

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are illegally sold, used, distributed, or administered;
(13) 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;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole 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;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board or
by law, exclusive of placement on electronic detention, to
achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent 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

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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 12-30 of the Criminal Code of
1961, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code; and
(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;
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) (18) 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.
(b) The Board may in addition to other conditions require

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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 dependents;
(5) (blank);
(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, 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 1961; 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;

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(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
Internet capability by the offender's supervising
agent, 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; and
(8) in addition, if a minor:

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(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his own support at home or in a
foster home.
(b-1) In addition to the conditions set forth in
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, 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 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;

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(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. 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;
(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;
(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;

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(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"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 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;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(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
before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the

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person in writing prior to his release, and he 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 in charge of his
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole 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.
(e-5) The Illinois Juvenile Justice Commission, as created
in Section 17a-9 of the Children and Family Services Act, shall
submit a report by December 30, 2012 to the General Assembly
with recommendations regarding youth-specific parole
conditions.
(f) (Blank).
(Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10;
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12;
97-597, eff. 1-1-12; revised 9-14-11.)

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(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge.)
(a) The length of parole for a person sentenced under the
law in effect prior to the effective date of this amendatory
Act of 1977 and the length of mandatory supervised release for
those sentenced under the law in effect on and after such
effective date shall be as set out in Section 5-8-1 unless
sooner terminated under paragraph (b) of this Section. The
parole period of a juvenile committed to the Department under
the Juvenile Court Act or the Juvenile Court Act of 1987 shall
extend until he is 21 years of age unless sooner terminated
under paragraph (b) of this Section.
(a-1) A person committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987 shall be released
on parole for a period to be fixed by the Prisoner Review Board
of not less than 6 months but not more than 12 months unless
sooner terminated under paragraph (b) of this Section, except
that a minor of the age of at least 13 who is adjudicated
delinquent for the crime of first degree murder shall remain
committed to the Department of Juvenile Justice under
subsection (2) of Section 5-750 of the Juvenile Court Act of
1987. The length of parole shall remain subject to the
jurisdiction and sentencing provisions of the Juvenile Court
Act of 1987. The parole period shall toll during any period of
reincarceration and resume upon release on parole.

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(a-2) At the conclusion of the parole period, a person
committed to the Department of Juvenile Justice under the
Juvenile Court Act of 1987 shall be discharged from parole
unless the Department Director or designee determines that,
despite reasonable efforts to reintegrate the youth into the
community, the youth has not substantially complied with or
completed the conditions of the initial parole order. Upon such
a determination, the Department may request an extension of the
youth's parole term. The Board may extend the parole period
upon a showing by the Department, by a preponderance of
evidence, that:
(i) the supervising agency has made reasonable efforts
to assist the youth in complying with the conditions set
out by the parole release plan; and
(ii) despite these efforts, the youth has not
substantially complied with the parole release plan; or
(iii) the youth has not completed rehabilitative goals
or treatment plans essential to the youth's community
reintegration, as provided in the parole release plan; and
(iv) the Department has presented a case plan which
will enable the youth to substantially comply with the
parole release plan by the end of the extension period
being requested.
Upon the requisite showing by the Department, the parole
term may be extended for one to 12 months, according to the
time required for the youth to comply with or complete the

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remaining elements of the initial parole order. At the
conclusion of the extension period, the youth shall be
discharged from parole. Upon a determination of exceptional
circumstances arising from significant changes in clinical
need, the Department Director may request a transition
extension of one to 6 months for the purpose of developing a
post-parole services plan, in conjunction with other
child-serving or human services agencies under subsection (e)
of Section 3-2.5-15. The Board may grant the transition
extension if it finds that recommended services are required to
address a significant change in clinical need and that the
Department has presented a case plan that will adequately
transition the youth to post-parole services or support. At the
conclusion of the transition extension period, the youth shall
be discharged from parole.
The Illinois Juvenile Justice Commission, as created in
Section 17a-9 of the Children and Family Services Act, shall
include information about the frequency of use of the parole
extension process in its annual report to the General Assembly.
(b) The Prisoner Review Board may enter an order releasing
and discharging one from parole or mandatory supervised
release, and his commitment to the Department, when it
determines that he is likely to remain at liberty without
committing another offense.
(b-1) Provided that the subject is in compliance with the
terms and conditions of his or her parole or mandatory

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supervised release, the Prisoner Review Board may reduce the
period of a parolee or releasee's parole or mandatory
supervised release by 90 days upon the parolee or releasee
receiving a high school diploma or upon passage of the high
school level Test of General Educational Development during the
period of his or her parole or mandatory supervised release.
This reduction in the period of a subject's term of parole or
mandatory supervised release shall be available only to
subjects who have not previously earned a high school diploma
or who have not previously passed the high school level Test of
General Educational Development.
(c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record judgment
that the sentence or commitment has been satisfied pursuant to
the order.
(d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5. This Section is subject
to Section 5-750 of the Juvenile Court Act of 1987.
(Source: P.A. 97-531, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect January
1, 2013, except that this Section and subsection (e-5) of
Section 3-3-7 of the Unified Code of Corrections take effect
upon becoming law.".