Bill Text: IL SB1740 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Unified Code of Corrections by requiring that the parole or mandatory supervised release term shall be written as part of the sentencing order.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2011-08-23 - Public Act . . . . . . . . . 97-0531 [SB1740 Detail]

Download: Illinois-2011-SB1740-Chaptered.html

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Public Act 097-0531
SB1740 Enrolled LRB097 02705 RLC 42724 b
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, 3-3-8, and 5-8-1 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
(Text of Section after amendment by P.A. 96-1551)
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;
(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;
(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

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) the effective date of this
amendatory Act of the 94th General Assembly, 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
June 1, 2008 (the effective date of Public Act 95-464) 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 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 16J-5 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) the effective date of
this amendatory Act of the 95th General Assembly, 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 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
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
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
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; and
(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.
(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 dependents;
(5) (blank);
(6) (blank);
(7) comply with the terms and conditions of an order of
protection issued pursuant to the Illinois Domestic
Violence Act of 1986, enacted by the 84th General Assembly,
or an order of protection issued by the court of another

state, tribe, or United States territory;
(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 16J-5 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;
(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:
(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;
(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;
(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
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.
(f) (Blank). When the subject is in compliance with all
conditions of his or her parole or mandatory supervised
release, the subject shall receive a reduction of the period of
his or her parole or mandatory supervised release of 90 days
upon receiving a high school diploma or 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.
(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 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; revised 4-18-11.)
(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.
(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
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. 90-590, eff. 1-1-99.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)

of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 are present, the court may
sentence the defendant to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of
murdering more than one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the

defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other

medical assistant or first aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person
under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated
kidnaping, or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20

years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section
12-13, paragraph (2) of subsection (d) of Section 12-14,
paragraph (1.2) of subsection (b) of Section 12-14.1, or
paragraph (2) of subsection (b) of Section 12-14.1 of the
Criminal Code of 1961, the sentence shall be a term of
natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date

of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.3 of the Criminal Code of 1961, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961, if committed on or after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography, manufacture of child pornography, or
dissemination of child pornography after January 1, 2009,
the term of mandatory supervised release shall range from a
minimum of 3 years to a maximum of the natural life of the
defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an

electronic home detention program under Article 8A of
Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
7-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)