Bill Text: IL HB5967 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the conditions of every parole and mandatory supervised release are that the subject if convicted of a sex offense as defined in the Sex Offender Registration Act against a victim under 18 years of age on or after the effective date of the amendatory Act, refrain from accessing the Internet without the prior written approval of the Department of Corrections for the duration of the parole or release term.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5967 Detail]

Download: Illinois-2017-HB5967-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5967 Introduced , by Rep. David McSweeney 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 if convicted of a sex offense as defined in the Sex Offender Registration Act against a victim under 18 years of age on or after the effective date of the amendatory Act, refrain from accessing the Internet without the prior written approval of the Department of Corrections for the duration of the parole or release term.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
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 Section 3-3-7 as follows:
(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

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instruction or residence of persons on parole 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 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

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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, 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

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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;
(7.8-5) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act against a
victim under 18 years of age on or after the effective date
of this amendatory Act of the 100th General Assembly,
refrain from accessing the Internet without the prior
written approval of the Department for the duration of the
parole or release term; for purposes of this paragraph
(7.8-5), "Internet" has the meaning ascribed to it in
Section 16-0.1 of the Criminal Code of 2012;
(7.9) if convicted under Section 11-6, 11-20.1,

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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
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

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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;
(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;

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(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
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, except when
the association involves activities related to community
programs, worship services, volunteering, and engaging
families, 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

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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
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

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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;
(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;
(20) if convicted of a hate crime under Section 12-7.1
of the Criminal Code of 2012, perform public or community
service of no less than 200 hours and enroll in an
educational program discouraging hate crimes involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed ordered by the court; and
(21) be evaluated by the Department of Corrections
prior to release using a validated risk assessment and be
subject to a corresponding level of supervision. In
accordance with the findings of that evaluation:

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(A) All subjects found to be at a moderate or high
risk to recidivate, or on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a sex
offender under the Sex Offender Registration Act, or a
Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, shall be subject
to high level supervision. The Department shall define
high level supervision based upon evidence-based and
research-based practices. Notwithstanding this
placement on high level supervision, placement of the
subject on electronic monitoring or detention shall
not occur unless it is required by law or expressly
ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to
recidivate shall be subject to low-level supervision,
except for those subjects on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a sex
offender under the Sex Offender Registration Act, or a
Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois

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Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act. Low level
supervision shall require the subject to check in with
the supervising officer via phone or other electronic
means. Notwithstanding this placement on low level
supervision, placement of the subject on electronic
monitoring or detention shall not occur unless it is
required by law or expressly ordered or approved by the
Prisoner Review Board.
(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);
(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

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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
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;

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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; 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
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;

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(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;
(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,

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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;
(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

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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
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 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 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. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;

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100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
1-8-18.)