33 | | - | instruction or residence of persons on parole or mandatory |
---|
34 | | - | supervised release; |
---|
35 | | - | (6) secure permission before visiting or writing a |
---|
36 | | - | committed person in an Illinois Department of Corrections |
---|
37 | | - | facility; |
---|
38 | | - | (7) report all arrests to an agent of the Department |
---|
39 | | - | of Corrections as soon as permitted by the arresting |
---|
40 | | - | authority but in no event later than 24 hours after |
---|
41 | | - | release from custody and immediately report service or |
---|
42 | | - | notification of an order of protection, a civil no contact |
---|
43 | | - | order, or a stalking no contact order to an agent of the |
---|
44 | | - | Department of Corrections; |
---|
45 | | - | (7.5) if convicted of a sex offense as defined in the |
---|
46 | | - | Sex Offender Management Board Act, the individual shall |
---|
47 | | - | undergo and successfully complete sex offender treatment |
---|
48 | | - | conducted in conformance with the standards developed by |
---|
49 | | - | the Sex Offender Management Board Act by a treatment |
---|
50 | | - | provider approved by the Board; |
---|
51 | | - | (7.6) if convicted of a sex offense as defined in the |
---|
52 | | - | Sex Offender Management Board Act, refrain from residing |
---|
53 | | - | at the same address or in the same condominium unit or |
---|
54 | | - | apartment unit or in the same condominium complex or |
---|
55 | | - | apartment complex with another person he or she knows or |
---|
56 | | - | reasonably should know is a convicted sex offender or has |
---|
57 | | - | been placed on supervision for a sex offense; the |
---|
58 | | - | provisions of this paragraph do not apply to a person |
---|
59 | | - | |
---|
60 | | - | |
---|
61 | | - | convicted of a sex offense who is placed in a Department of |
---|
62 | | - | Corrections licensed transitional housing facility for sex |
---|
63 | | - | offenders, or is in any facility operated or licensed by |
---|
64 | | - | the Department of Children and Family Services or by the |
---|
65 | | - | Department of Human Services, or is in any licensed |
---|
66 | | - | medical facility; |
---|
67 | | - | (7.7) if convicted for an offense that would qualify |
---|
68 | | - | the accused as a sexual predator under the Sex Offender |
---|
69 | | - | Registration Act on or after January 1, 2007 (the |
---|
70 | | - | effective date of Public Act 94-988), wear an approved |
---|
71 | | - | electronic monitoring device as defined in Section 5-8A-2 |
---|
72 | | - | for the duration of the person's parole, mandatory |
---|
73 | | - | supervised release term, or extended mandatory supervised |
---|
74 | | - | release term and if convicted for an offense of criminal |
---|
75 | | - | sexual assault, aggravated criminal sexual assault, |
---|
76 | | - | predatory criminal sexual assault of a child, criminal |
---|
77 | | - | sexual abuse, aggravated criminal sexual abuse, or |
---|
78 | | - | ritualized abuse of a child committed on or after August |
---|
79 | | - | 11, 2009 (the effective date of Public Act 96-236) when |
---|
80 | | - | the victim was under 18 years of age at the time of the |
---|
81 | | - | commission of the offense and the defendant used force or |
---|
82 | | - | the threat of force in the commission of the offense wear |
---|
83 | | - | an approved electronic monitoring device as defined in |
---|
84 | | - | Section 5-8A-2 that has Global Positioning System (GPS) |
---|
85 | | - | capability for the duration of the person's parole, |
---|
86 | | - | mandatory supervised release term, or extended mandatory |
---|
87 | | - | |
---|
88 | | - | |
---|
89 | | - | supervised release term; |
---|
90 | | - | (7.8) if convicted for an offense committed on or |
---|
91 | | - | after June 1, 2008 (the effective date of Public Act |
---|
92 | | - | 95-464) that would qualify the accused as a child sex |
---|
93 | | - | offender as defined in Section 11-9.3 or 11-9.4 of the |
---|
94 | | - | Criminal Code of 1961 or the Criminal Code of 2012, |
---|
95 | | - | refrain from communicating with or contacting, by means of |
---|
96 | | - | the Internet, a person who is not related to the accused |
---|
97 | | - | and whom the accused reasonably believes to be under 18 |
---|
98 | | - | years of age; for purposes of this paragraph (7.8), |
---|
99 | | - | "Internet" has the meaning ascribed to it in Section |
---|
100 | | - | 16-0.1 of the Criminal Code of 2012; and a person is not |
---|
101 | | - | related to the accused if the person is not: (i) the |
---|
102 | | - | spouse, brother, or sister of the accused; (ii) a |
---|
103 | | - | descendant of the accused; (iii) a first or second cousin |
---|
104 | | - | of the accused; or (iv) a step-child or adopted child of |
---|
105 | | - | the accused; |
---|
106 | | - | (7.9) if convicted under Section 11-6, 11-20.1, |
---|
107 | | - | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
---|
108 | | - | or the Criminal Code of 2012, consent to search of |
---|
109 | | - | computers, PDAs, cellular phones, and other devices under |
---|
110 | | - | his or her control that are capable of accessing the |
---|
111 | | - | Internet or storing electronic files, in order to confirm |
---|
112 | | - | Internet protocol addresses reported in accordance with |
---|
113 | | - | the Sex Offender Registration Act and compliance with |
---|
114 | | - | conditions in this Act; |
---|
115 | | - | |
---|
116 | | - | |
---|
117 | | - | (7.10) if convicted for an offense that would qualify |
---|
118 | | - | the accused as a sex offender or sexual predator under the |
---|
119 | | - | Sex Offender Registration Act on or after June 1, 2008 |
---|
120 | | - | (the effective date of Public Act 95-640), not possess |
---|
121 | | - | prescription drugs for erectile dysfunction; |
---|
122 | | - | (7.11) if convicted for an offense under Section 11-6, |
---|
123 | | - | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
---|
124 | | - | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
---|
125 | | - | of the Criminal Code of 1961 or the Criminal Code of 2012, |
---|
126 | | - | or any attempt to commit any of these offenses, committed |
---|
127 | | - | on or after June 1, 2009 (the effective date of Public Act |
---|
128 | | - | 95-983): |
---|
129 | | - | (i) not access or use a computer or any other |
---|
130 | | - | device with Internet capability without the prior |
---|
131 | | - | written approval of the Department; |
---|
132 | | - | (ii) submit to periodic unannounced examinations |
---|
133 | | - | of the offender's computer or any other device with |
---|
134 | | - | Internet capability by the offender's supervising |
---|
135 | | - | agent, a law enforcement officer, or assigned computer |
---|
136 | | - | or information technology specialist, including the |
---|
137 | | - | retrieval and copying of all data from the computer or |
---|
138 | | - | device and any internal or external peripherals and |
---|
139 | | - | removal of such information, equipment, or device to |
---|
140 | | - | conduct a more thorough inspection; |
---|
141 | | - | (iii) submit to the installation on the offender's |
---|
142 | | - | computer or device with Internet capability, at the |
---|
143 | | - | |
---|
144 | | - | |
---|
145 | | - | offender's expense, of one or more hardware or |
---|
146 | | - | software systems to monitor the Internet use; and |
---|
147 | | - | (iv) submit to any other appropriate restrictions |
---|
148 | | - | concerning the offender's use of or access to a |
---|
149 | | - | computer or any other device with Internet capability |
---|
150 | | - | imposed by the Board, the Department or the offender's |
---|
151 | | - | supervising agent; |
---|
152 | | - | (7.12) if convicted of a sex offense as defined in the |
---|
153 | | - | Sex Offender Registration Act committed on or after |
---|
154 | | - | January 1, 2010 (the effective date of Public Act 96-262), |
---|
155 | | - | refrain from accessing or using a social networking |
---|
156 | | - | website as defined in Section 17-0.5 of the Criminal Code |
---|
157 | | - | of 2012; |
---|
158 | | - | (7.13) if convicted of a sex offense as defined in |
---|
159 | | - | Section 2 of the Sex Offender Registration Act committed |
---|
160 | | - | on or after January 1, 2010 (the effective date of Public |
---|
161 | | - | Act 96-362) that requires the person to register as a sex |
---|
162 | | - | offender under that Act, may not knowingly use any |
---|
163 | | - | computer scrub software on any computer that the sex |
---|
164 | | - | offender uses; |
---|
165 | | - | (8) obtain permission of an agent of the Department of |
---|
166 | | - | Corrections before leaving the State of Illinois; |
---|
167 | | - | (9) obtain permission of an agent of the Department of |
---|
168 | | - | Corrections before changing his or her residence or |
---|
169 | | - | employment; |
---|
170 | | - | (10) consent to a search of his or her person, |
---|
171 | | - | |
---|
172 | | - | |
---|
173 | | - | property, or residence under his or her control; |
---|
174 | | - | (11) refrain from the use or possession of narcotics |
---|
175 | | - | or other controlled substances in any form, or both, or |
---|
176 | | - | any paraphernalia related to those substances and submit |
---|
177 | | - | to a urinalysis test as instructed by a parole agent of the |
---|
178 | | - | Department of Corrections if there is reasonable suspicion |
---|
179 | | - | of illicit drug use and the source of the reasonable |
---|
180 | | - | suspicion is documented in the Department's case |
---|
181 | | - | management system; |
---|
182 | | - | (12) not knowingly frequent places where controlled |
---|
183 | | - | substances are illegally sold, used, distributed, or |
---|
184 | | - | administered; |
---|
185 | | - | (13) except when the association described in either |
---|
186 | | - | subparagraph (A) or (B) of this paragraph (13) involves |
---|
187 | | - | activities related to community programs, worship |
---|
188 | | - | services, volunteering, engaging families, or some other |
---|
189 | | - | pro-social activity in which there is no evidence of |
---|
190 | | - | criminal intent: |
---|
191 | | - | (A) not knowingly associate with other persons on |
---|
192 | | - | parole or mandatory supervised release without prior |
---|
193 | | - | written permission of his or her parole agent; or |
---|
194 | | - | (B) not knowingly associate with persons who are |
---|
195 | | - | members of an organized gang as that term is defined in |
---|
196 | | - | the Illinois Streetgang Terrorism Omnibus Prevention |
---|
197 | | - | Act; |
---|
198 | | - | (14) provide true and accurate information, as it |
---|
199 | | - | |
---|
200 | | - | |
---|
201 | | - | relates to his or her adjustment in the community while on |
---|
202 | | - | parole or mandatory supervised release or to his or her |
---|
203 | | - | conduct while incarcerated, in response to inquiries by |
---|
204 | | - | his or her parole agent or of the Department of |
---|
205 | | - | Corrections; |
---|
206 | | - | (15) follow any specific instructions provided by the |
---|
207 | | - | parole agent that are consistent with furthering |
---|
208 | | - | conditions set and approved by the Prisoner Review Board |
---|
209 | | - | or by law, exclusive of placement on electronic detention, |
---|
210 | | - | to achieve the goals and objectives of his or her parole or |
---|
211 | | - | mandatory supervised release or to protect the public. |
---|
212 | | - | These instructions by the parole agent may be modified at |
---|
213 | | - | any time, as the agent deems appropriate; |
---|
214 | | - | (16) if convicted of a sex offense as defined in |
---|
215 | | - | subsection (a-5) of Section 3-1-2 of this Code, unless the |
---|
216 | | - | offender is a parent or guardian of the person under 18 |
---|
217 | | - | years of age present in the home and no non-familial |
---|
218 | | - | minors are present, not participate in a holiday event |
---|
219 | | - | involving children under 18 years of age, such as |
---|
220 | | - | distributing candy or other items to children on |
---|
221 | | - | Halloween, wearing a Santa Claus costume on or preceding |
---|
222 | | - | Christmas, being employed as a department store Santa |
---|
223 | | - | Claus, or wearing an Easter Bunny costume on or preceding |
---|
224 | | - | Easter; |
---|
225 | | - | (17) if convicted of a violation of an order of |
---|
226 | | - | protection under Section 12-3.4 or Section 12-30 of the |
---|
227 | | - | |
---|
228 | | - | |
---|
229 | | - | Criminal Code of 1961 or the Criminal Code of 2012, be |
---|
230 | | - | placed under electronic surveillance as provided in |
---|
231 | | - | Section 5-8A-7 of this Code; |
---|
232 | | - | (18) comply with the terms and conditions of an order |
---|
233 | | - | of protection issued pursuant to the Illinois Domestic |
---|
234 | | - | Violence Act of 1986; an order of protection issued by the |
---|
235 | | - | court of another state, tribe, or United States territory; |
---|
236 | | - | a no contact order issued pursuant to the Civil No Contact |
---|
237 | | - | Order Act; or a no contact order issued pursuant to the |
---|
238 | | - | Stalking No Contact Order Act; |
---|
239 | | - | (19) if convicted of a violation of the |
---|
240 | | - | Methamphetamine Control and Community Protection Act, the |
---|
241 | | - | Methamphetamine Precursor Control Act, or a |
---|
242 | | - | methamphetamine related offense, be: |
---|
243 | | - | (A) prohibited from purchasing, possessing, or |
---|
244 | | - | having under his or her control any product containing |
---|
245 | | - | pseudoephedrine unless prescribed by a physician; and |
---|
246 | | - | (B) prohibited from purchasing, possessing, or |
---|
247 | | - | having under his or her control any product containing |
---|
248 | | - | ammonium nitrate; |
---|
249 | | - | (20) if convicted of a hate crime under Section 12-7.1 |
---|
250 | | - | of the Criminal Code of 2012, perform public or community |
---|
251 | | - | service of no less than 200 hours and enroll in an |
---|
252 | | - | educational program discouraging hate crimes involving the |
---|
253 | | - | protected class identified in subsection (a) of Section |
---|
254 | | - | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
---|
255 | | - | |
---|
256 | | - | |
---|
257 | | - | offense the offender committed ordered by the court; and |
---|
258 | | - | (21) be evaluated by the Department of Corrections |
---|
259 | | - | prior to release using a validated risk assessment and be |
---|
260 | | - | subject to a corresponding level of supervision. In |
---|
261 | | - | accordance with the findings of that evaluation: |
---|
262 | | - | (A) All subjects found to be at a moderate or high |
---|
263 | | - | risk to recidivate, or on parole or mandatory |
---|
264 | | - | supervised release for first degree murder, a forcible |
---|
265 | | - | felony as defined in Section 2-8 of the Criminal Code |
---|
266 | | - | of 2012, any felony that requires registration as a |
---|
267 | | - | sex offender under the Sex Offender Registration Act, |
---|
268 | | - | or a Class X felony or Class 1 felony that is not a |
---|
269 | | - | violation of the Cannabis Control Act, the Illinois |
---|
270 | | - | Controlled Substances Act, or the Methamphetamine |
---|
271 | | - | Control and Community Protection Act, shall be subject |
---|
272 | | - | to high level supervision. The Department shall define |
---|
273 | | - | high level supervision based upon evidence-based and |
---|
274 | | - | research-based practices. Notwithstanding this |
---|
275 | | - | placement on high level supervision, placement of the |
---|
276 | | - | subject on electronic monitoring or detention shall |
---|
277 | | - | not occur unless it is required by law or expressly |
---|
278 | | - | ordered or approved by the Prisoner Review Board. |
---|
279 | | - | (B) All subjects found to be at a low risk to |
---|
280 | | - | recidivate shall be subject to low-level supervision, |
---|
281 | | - | except for those subjects on parole or mandatory |
---|
282 | | - | supervised release for first degree murder, a forcible |
---|
283 | | - | |
---|
284 | | - | |
---|
285 | | - | felony as defined in Section 2-8 of the Criminal Code |
---|
286 | | - | of 2012, any felony that requires registration as a |
---|
287 | | - | sex offender under the Sex Offender Registration Act, |
---|
288 | | - | or a Class X felony or Class 1 felony that is not a |
---|
289 | | - | violation of the Cannabis Control Act, the Illinois |
---|
290 | | - | Controlled Substances Act, or the Methamphetamine |
---|
291 | | - | Control and Community Protection Act. Low level |
---|
292 | | - | supervision shall require the subject to check in with |
---|
293 | | - | the supervising officer via phone or other electronic |
---|
294 | | - | means. Notwithstanding this placement on low level |
---|
295 | | - | supervision, placement of the subject on electronic |
---|
296 | | - | monitoring or detention shall not occur unless it is |
---|
297 | | - | required by law or expressly ordered or approved by |
---|
298 | | - | the Prisoner Review Board. |
---|
299 | | - | (b) The Board may after making an individualized |
---|
300 | | - | assessment pursuant to subsection (a) of Section 3-14-2 in |
---|
301 | | - | addition to other conditions require that the subject: |
---|
302 | | - | (1) work or pursue a course of study or vocational |
---|
303 | | - | training; |
---|
304 | | - | (2) undergo medical or psychiatric treatment, or |
---|
305 | | - | treatment for drug addiction or alcoholism; |
---|
306 | | - | (3) attend or reside in a facility established for the |
---|
307 | | - | instruction or residence of persons on probation or |
---|
308 | | - | parole; |
---|
309 | | - | (4) support his or her dependents; |
---|
310 | | - | (5) (blank); |
---|
311 | | - | |
---|
312 | | - | |
---|
313 | | - | (6) (blank); |
---|
314 | | - | (7) (blank); |
---|
315 | | - | (7.5) if convicted for an offense committed on or |
---|
316 | | - | after the effective date of this amendatory Act of the |
---|
317 | | - | 95th General Assembly that would qualify the accused as a |
---|
318 | | - | child sex offender as defined in Section 11-9.3 or 11-9.4 |
---|
319 | | - | of the Criminal Code of 1961 or the Criminal Code of 2012, |
---|
320 | | - | refrain from communicating with or contacting, by means of |
---|
321 | | - | the Internet, a person who is related to the accused and |
---|
322 | | - | whom the accused reasonably believes to be under 18 years |
---|
323 | | - | of age; for purposes of this paragraph (7.5), "Internet" |
---|
324 | | - | has the meaning ascribed to it in Section 16-0.1 of the |
---|
325 | | - | Criminal Code of 2012; and a person is related to the |
---|
326 | | - | accused if the person is: (i) the spouse, brother, or |
---|
327 | | - | sister of the accused; (ii) a descendant of the accused; |
---|
328 | | - | (iii) a first or second cousin of the accused; or (iv) a |
---|
329 | | - | step-child or adopted child of the accused; |
---|
330 | | - | (7.6) if convicted for an offense committed on or |
---|
331 | | - | after June 1, 2009 (the effective date of Public Act |
---|
332 | | - | 95-983) that would qualify as a sex offense as defined in |
---|
333 | | - | the Sex Offender Registration Act: |
---|
334 | | - | (i) not access or use a computer or any other |
---|
335 | | - | device with Internet capability without the prior |
---|
336 | | - | written approval of the Department; |
---|
337 | | - | (ii) submit to periodic unannounced examinations |
---|
338 | | - | of the offender's computer or any other device with |
---|
339 | | - | |
---|
340 | | - | |
---|
341 | | - | Internet capability by the offender's supervising |
---|
342 | | - | agent, a law enforcement officer, or assigned computer |
---|
343 | | - | or information technology specialist, including the |
---|
344 | | - | retrieval and copying of all data from the computer or |
---|
345 | | - | device and any internal or external peripherals and |
---|
346 | | - | removal of such information, equipment, or device to |
---|
347 | | - | conduct a more thorough inspection; |
---|
348 | | - | (iii) submit to the installation on the offender's |
---|
349 | | - | computer or device with Internet capability, at the |
---|
350 | | - | offender's expense, of one or more hardware or |
---|
351 | | - | software systems to monitor the Internet use; and |
---|
352 | | - | (iv) submit to any other appropriate restrictions |
---|
353 | | - | concerning the offender's use of or access to a |
---|
354 | | - | computer or any other device with Internet capability |
---|
355 | | - | imposed by the Board, the Department or the offender's |
---|
356 | | - | supervising agent; and |
---|
357 | | - | (8) (blank). in addition, if a minor: |
---|
358 | | - | (i) reside with his or her parents or in a foster |
---|
359 | | - | home; |
---|
360 | | - | (ii) attend school; |
---|
361 | | - | (iii) attend a non-residential program for youth; |
---|
362 | | - | or |
---|
363 | | - | (iv) contribute to his or her own support at home |
---|
364 | | - | or in a foster home. |
---|
365 | | - | (b-1) In addition to the conditions set forth in |
---|
366 | | - | subsections (a) and (b), persons required to register as sex |
---|
367 | | - | |
---|
368 | | - | |
---|
369 | | - | offenders pursuant to the Sex Offender Registration Act, upon |
---|
370 | | - | release from the custody of the Illinois Department of |
---|
371 | | - | Corrections, may be required by the Board to comply with the |
---|
372 | | - | following specific conditions of release following an |
---|
373 | | - | individualized assessment pursuant to subsection (a) of |
---|
374 | | - | Section 3-14-2: |
---|
375 | | - | (1) reside only at a Department approved location; |
---|
376 | | - | (2) comply with all requirements of the Sex Offender |
---|
377 | | - | Registration Act; |
---|
378 | | - | (3) notify third parties of the risks that may be |
---|
379 | | - | occasioned by his or her criminal record; |
---|
380 | | - | (4) obtain the approval of an agent of the Department |
---|
381 | | - | of Corrections prior to accepting employment or pursuing a |
---|
382 | | - | course of study or vocational training and notify the |
---|
383 | | - | Department prior to any change in employment, study, or |
---|
384 | | - | training; |
---|
385 | | - | (5) not be employed or participate in any volunteer |
---|
386 | | - | activity that involves contact with children, except under |
---|
387 | | - | circumstances approved in advance and in writing by an |
---|
388 | | - | agent of the Department of Corrections; |
---|
389 | | - | (6) be electronically monitored for a minimum of 12 |
---|
390 | | - | months from the date of release as determined by the |
---|
391 | | - | Board; |
---|
392 | | - | (7) refrain from entering into a designated geographic |
---|
393 | | - | area except upon terms approved in advance by an agent of |
---|
394 | | - | the Department of Corrections. The terms may include |
---|
395 | | - | |
---|
396 | | - | |
---|
397 | | - | consideration of the purpose of the entry, the time of |
---|
398 | | - | day, and others accompanying the person; |
---|
399 | | - | (8) refrain from having any contact, including written |
---|
400 | | - | or oral communications, directly or indirectly, personally |
---|
401 | | - | or by telephone, letter, or through a third party with |
---|
402 | | - | certain specified persons including, but not limited to, |
---|
403 | | - | the victim or the victim's family without the prior |
---|
404 | | - | written approval of an agent of the Department of |
---|
405 | | - | Corrections; |
---|
406 | | - | (9) refrain from all contact, directly or indirectly, |
---|
407 | | - | personally, by telephone, letter, or through a third |
---|
408 | | - | party, with minor children without prior identification |
---|
409 | | - | and approval of an agent of the Department of Corrections; |
---|
410 | | - | (10) neither possess or have under his or her control |
---|
411 | | - | any material that is sexually oriented, sexually |
---|
412 | | - | stimulating, or that shows male or female sex organs or |
---|
413 | | - | any pictures depicting children under 18 years of age nude |
---|
414 | | - | or any written or audio material describing sexual |
---|
415 | | - | intercourse or that depicts or alludes to sexual activity, |
---|
416 | | - | including but not limited to visual, auditory, telephonic, |
---|
417 | | - | or electronic media, or any matter obtained through access |
---|
418 | | - | to any computer or material linked to computer access use; |
---|
419 | | - | (11) not patronize any business providing sexually |
---|
420 | | - | stimulating or sexually oriented entertainment nor utilize |
---|
421 | | - | "900" or adult telephone numbers; |
---|
422 | | - | (12) not reside near, visit, or be in or about parks, |
---|
423 | | - | |
---|
424 | | - | |
---|
425 | | - | schools, day care centers, swimming pools, beaches, |
---|
426 | | - | theaters, or any other places where minor children |
---|
427 | | - | congregate without advance approval of an agent of the |
---|
428 | | - | Department of Corrections and immediately report any |
---|
429 | | - | incidental contact with minor children to the Department; |
---|
430 | | - | (13) not possess or have under his or her control |
---|
431 | | - | certain specified items of contraband related to the |
---|
432 | | - | incidence of sexually offending as determined by an agent |
---|
433 | | - | of the Department of Corrections; |
---|
434 | | - | (14) may be required to provide a written daily log of |
---|
435 | | - | activities if directed by an agent of the Department of |
---|
436 | | - | Corrections; |
---|
437 | | - | (15) comply with all other special conditions that the |
---|
438 | | - | Department may impose that restrict the person from |
---|
439 | | - | high-risk situations and limit access to potential |
---|
440 | | - | victims; |
---|
441 | | - | (16) take an annual polygraph exam; |
---|
442 | | - | (17) maintain a log of his or her travel; or |
---|
443 | | - | (18) obtain prior approval of his or her parole |
---|
444 | | - | officer before driving alone in a motor vehicle. |
---|
445 | | - | (c) The conditions under which the parole or mandatory |
---|
446 | | - | supervised release is to be served shall be communicated to |
---|
447 | | - | the person in writing prior to his or her release, and he or |
---|
448 | | - | she shall sign the same before release. A signed copy of these |
---|
449 | | - | conditions, including a copy of an order of protection where |
---|
450 | | - | one had been issued by the criminal court, shall be retained by |
---|
451 | | - | |
---|
452 | | - | |
---|
453 | | - | the person and another copy forwarded to the officer in charge |
---|
454 | | - | of his or her supervision. |
---|
455 | | - | (d) After a hearing under Section 3-3-9, the Prisoner |
---|
456 | | - | Review Board may modify or enlarge the conditions of parole or |
---|
457 | | - | mandatory supervised release. |
---|
458 | | - | (e) The Department shall inform all offenders committed to |
---|
459 | | - | the Department of the optional services available to them upon |
---|
460 | | - | release and shall assist inmates in availing themselves of |
---|
461 | | - | such optional services upon their release on a voluntary |
---|
462 | | - | basis. |
---|
463 | | - | (f) (Blank). |
---|
464 | | - | (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; |
---|
465 | | - | 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.) |
---|
466 | | - | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8) |
---|
467 | | - | Sec. 3-3-8. Length of parole and mandatory supervised |
---|
468 | | - | release; discharge. |
---|
469 | | - | (a) The length of parole for a person sentenced under the |
---|
470 | | - | law in effect prior to the effective date of this amendatory |
---|
471 | | - | Act of 1977 and the length of mandatory supervised release for |
---|
472 | | - | those sentenced under the law in effect on and after such |
---|
473 | | - | effective date shall be as set out in Section 5-8-1 unless |
---|
474 | | - | sooner terminated under paragraph (b) of this Section. |
---|
475 | | - | (b) The Prisoner Review Board may enter an order releasing |
---|
476 | | - | and discharging one from parole or mandatory supervised |
---|
477 | | - | release, and his or her commitment to the Department, when it |
---|
478 | | - | |
---|
479 | | - | |
---|
480 | | - | determines that he or she is likely to remain at liberty |
---|
481 | | - | without committing another offense. |
---|
482 | | - | (b-1) Provided that the subject is in compliance with the |
---|
483 | | - | terms and conditions of his or her parole or mandatory |
---|
484 | | - | supervised release, the Prisoner Review Board shall may reduce |
---|
485 | | - | the period of a parolee or releasee's parole or mandatory |
---|
486 | | - | supervised release by 90 days upon the parolee or releasee |
---|
487 | | - | receiving a high school diploma, associate's degree, |
---|
488 | | - | bachelor's degree, career certificate, or vocational technical |
---|
489 | | - | certification or upon passage of high school equivalency |
---|
490 | | - | testing during the period of his or her parole or mandatory |
---|
491 | | - | supervised release. A parolee or releasee shall provide |
---|
492 | | - | documentation from the educational institution or the source |
---|
493 | | - | of the qualifying educational or vocational credential to |
---|
494 | | - | their supervising officer for verification. Each This |
---|
495 | | - | reduction in the period of a subject's term of parole or |
---|
496 | | - | mandatory supervised release shall be available only to |
---|
497 | | - | subjects who have not previously earned the relevant |
---|
498 | | - | credential for which they are receiving the reduction a high |
---|
499 | | - | school diploma or who have not previously passed high school |
---|
500 | | - | equivalency testing. As used in this Section, "career |
---|
501 | | - | certificate" means a certificate awarded by an institution for |
---|
502 | | - | satisfactory completion of a prescribed curriculum that is |
---|
503 | | - | intended to prepare an individual for employment in a specific |
---|
504 | | - | field. |
---|
505 | | - | (b-2) The Prisoner Review Board may release a low-risk and |
---|
506 | | - | |
---|
507 | | - | |
---|
508 | | - | need subject person from mandatory supervised release as |
---|
509 | | - | determined by an appropriate evidence-based risk and need |
---|
510 | | - | assessment. |
---|
511 | | - | (c) The order of discharge shall become effective upon |
---|
512 | | - | entry of the order of the Board. The Board shall notify the |
---|
513 | | - | clerk of the committing court of the order. Upon receipt of |
---|
514 | | - | such copy, the clerk shall make an entry on the record judgment |
---|
515 | | - | that the sentence or commitment has been satisfied pursuant to |
---|
516 | | - | the order. |
---|
517 | | - | (d) Rights of the person discharged under this Section |
---|
518 | | - | shall be restored under Section 5-5-5. |
---|
519 | | - | (e) Upon a denial of early discharge under this Section, |
---|
520 | | - | the Prisoner Review Board shall provide the person on parole |
---|
521 | | - | or mandatory supervised release a list of steps or |
---|
522 | | - | requirements that the person must complete or meet to be |
---|
523 | | - | granted an early discharge at a subsequent review and share |
---|
524 | | - | the process for seeking a subsequent early discharge review |
---|
525 | | - | under this subsection. Upon the completion of such steps or |
---|
526 | | - | requirements, the person on parole or mandatory supervised |
---|
527 | | - | release may petition the Prisoner Review Board to grant them |
---|
528 | | - | an early discharge review. Within no more than 30 days of a |
---|
529 | | - | petition under this subsection, the Prisoner Review Board |
---|
530 | | - | shall review the petition and make a determination. |
---|
531 | | - | (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, |
---|
532 | | - | eff. 1-1-18.) |
---|
533 | | - | |
---|
534 | | - | |
---|
535 | | - | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2) |
---|
536 | | - | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised |
---|
537 | | - | Release and Release by Statute. |
---|
538 | | - | (a) The Department shall retain custody of all persons |
---|
539 | | - | placed on parole or mandatory supervised release or released |
---|
540 | | - | pursuant to Section 3-3-10 of this Code and shall supervise |
---|
541 | | - | such persons during their parole or release period in accord |
---|
542 | | - | with the conditions set by the Prisoner Review Board. When |
---|
543 | | - | setting conditions, the Prisoner Review Board shall make an |
---|
544 | | - | individualized assessment as to what conditions are |
---|
545 | | - | appropriate based on the risk and needs assessment, program |
---|
546 | | - | participation and completion, assignment history while |
---|
547 | | - | incarcerated, and behavior history during the period of the |
---|
548 | | - | incarceration and involve only such deprivations of liberty or |
---|
549 | | - | property as are reasonably necessary to protect the public |
---|
550 | | - | from the person's conduct in the underlying conviction or |
---|
551 | | - | violation. In determining conditions, the Prisoner Review |
---|
552 | | - | Board shall also consider the reasonableness of imposing |
---|
553 | | - | additional conditions on the person and the extent to which |
---|
554 | | - | the conditions impact the person's work, education, community |
---|
555 | | - | service, financial, and family caregiving obligations. Such |
---|
556 | | - | conditions shall include referral to an alcohol or drug abuse |
---|
557 | | - | treatment program, as appropriate, if such person has |
---|
558 | | - | previously been identified as having an alcohol or drug abuse |
---|
559 | | - | problem. Such conditions may include that the person use an |
---|
560 | | - | approved electronic monitoring device subject to Article 8A of |
---|
561 | | - | |
---|
562 | | - | |
---|
563 | | - | Chapter V. |
---|
564 | | - | (b) The Department shall assign personnel to assist |
---|
565 | | - | persons eligible for parole in preparing a parole plan. Such |
---|
566 | | - | Department personnel shall make a report of their efforts and |
---|
567 | | - | findings to the Prisoner Review Board prior to its |
---|
568 | | - | consideration of the case of such eligible person. |
---|
569 | | - | (c) A copy of the conditions of his parole or release shall |
---|
570 | | - | be signed by the parolee or releasee and given to him and to |
---|
571 | | - | his supervising officer who shall report on his progress under |
---|
572 | | - | the rules and regulations of the Prisoner Review Board. The |
---|
573 | | - | supervising officer shall report violations to the Prisoner |
---|
574 | | - | Review Board and shall have the full power of peace officers in |
---|
575 | | - | the arrest and retaking of any parolees or releasees or the |
---|
576 | | - | officer may request the Department to issue a warrant for the |
---|
577 | | - | arrest of any parolee or releasee who has allegedly violated |
---|
578 | | - | his parole or release conditions. |
---|
579 | | - | (c-1) The supervising officer shall request the Department |
---|
580 | | - | to issue a parole violation warrant, and the Department shall |
---|
581 | | - | issue a parole violation warrant, under the following |
---|
582 | | - | circumstances: |
---|
583 | | - | (1) if the parolee or releasee commits an act that |
---|
584 | | - | constitutes a felony using a firearm or knife, |
---|
585 | | - | (2) if applicable, fails to comply with the |
---|
586 | | - | requirements of the Sex Offender Registration Act, |
---|
587 | | - | (3) if the parolee or releasee is charged with: |
---|
588 | | - | (A) a felony offense of domestic battery under |
---|
589 | | - | |
---|
590 | | - | |
---|
591 | | - | Section 12-3.2 of the Criminal Code of 1961 or the |
---|
592 | | - | Criminal Code of 2012, |
---|
593 | | - | (B) aggravated domestic battery under Section |
---|
594 | | - | 12-3.3 of the Criminal Code of 1961 or the Criminal |
---|
595 | | - | Code of 2012, |
---|
596 | | - | (C) stalking under Section 12-7.3 of the Criminal |
---|
597 | | - | Code of 1961 or the Criminal Code of 2012, |
---|
598 | | - | (D) aggravated stalking under Section 12-7.4 of |
---|
599 | | - | the Criminal Code of 1961 or the Criminal Code of 2012, |
---|
600 | | - | (E) violation of an order of protection under |
---|
601 | | - | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
---|
602 | | - | the Criminal Code of 2012, or |
---|
603 | | - | (F) any offense that would require registration as |
---|
604 | | - | a sex offender under the Sex Offender Registration |
---|
605 | | - | Act, or |
---|
606 | | - | (4) if the parolee or releasee is on parole or |
---|
607 | | - | mandatory supervised release for a murder, a Class X |
---|
608 | | - | felony or a Class 1 felony violation of the Criminal Code |
---|
609 | | - | of 1961 or the Criminal Code of 2012, or any felony that |
---|
610 | | - | requires registration as a sex offender under the Sex |
---|
611 | | - | Offender Registration Act and commits an act that |
---|
612 | | - | constitutes first degree murder, a Class X felony, a Class |
---|
613 | | - | 1 felony, a Class 2 felony, or a Class 3 felony. |
---|
614 | | - | A sheriff or other peace officer may detain an alleged |
---|
615 | | - | parole or release violator until a warrant for his return to |
---|
616 | | - | the Department can be issued. The parolee or releasee may be |
---|
617 | | - | |
---|
618 | | - | |
---|
619 | | - | delivered to any secure place until he can be transported to |
---|
620 | | - | the Department. The officer or the Department shall file a |
---|
621 | | - | violation report with notice of charges with the Prisoner |
---|
622 | | - | Review Board. |
---|
623 | | - | (d) The supervising officer shall regularly advise and |
---|
624 | | - | consult with the parolee or releasee, assist him in adjusting |
---|
625 | | - | to community life, inform him of the restoration of his rights |
---|
626 | | - | on successful completion of sentence under Section 5-5-5, and |
---|
627 | | - | provide the parolee or releasee with an electronic copy of the |
---|
628 | | - | Department of Corrections system of graduated responses as set |
---|
629 | | - | forth under subparagraph (D) of paragraph (1) of subsection |
---|
630 | | - | (b) of Section 10 of the Illinois Crime Reduction Act of 2009 |
---|
631 | | - | and any sanctions matrix based on that system. If the parolee |
---|
632 | | - | or releasee has been convicted of a sex offense as defined in |
---|
633 | | - | the Sex Offender Management Board Act, the supervising officer |
---|
634 | | - | shall periodically, but not less than once a month, verify |
---|
635 | | - | that the parolee or releasee is in compliance with paragraph |
---|
636 | | - | (7.6) of subsection (a) of Section 3-3-7. |
---|
637 | | - | (d-1) At least once every 6 months, the supervising |
---|
638 | | - | officer of a parolee or releasee shall review the case of the |
---|
639 | | - | parolee or releasee to assess the parolee's or releasee's |
---|
640 | | - | progress and suitability for early discharge under subsection |
---|
641 | | - | (b) of Section 3-3-8 and provide a recommendation for either |
---|
642 | | - | early discharge or the continuation of parole or mandatory |
---|
643 | | - | supervised release as previously ordered. The recommendation |
---|
644 | | - | and the rationale for the recommendation shall be noted in the |
---|
645 | | - | |
---|
646 | | - | |
---|
647 | | - | Department's case management system. Within 30 days of |
---|
648 | | - | receiving the supervising officer's recommendation, the |
---|
649 | | - | Department shall provide a copy of the final recommendation, |
---|
650 | | - | in writing or electronically, to the Prisoner Review Board and |
---|
651 | | - | to the parolee or releasee. If an early discharge |
---|
652 | | - | recommendation was not provided, the supervising officer shall |
---|
653 | | - | share the list of steps or requirements that the person must |
---|
654 | | - | complete or meet to be granted an early discharge |
---|
655 | | - | recommendation at a subsequent review under agency guidelines. |
---|
656 | | - | The Department shall develop guidelines and policies to |
---|
657 | | - | support the regular review of parolees and releasees for early |
---|
658 | | - | discharge consideration and the timely notification of the |
---|
659 | | - | Prisoner Review Board when early discharge is recommended. |
---|
660 | | - | (d-2) Supervising officers shall schedule meetings, which |
---|
661 | | - | are required under paragraph (3) of subsection (a) of Section |
---|
662 | | - | 3-3-7 as a condition of parole or mandatory supervised |
---|
663 | | - | release, at such times and locations that take into |
---|
664 | | - | consideration the medical needs, caregiving obligations, and |
---|
665 | | - | work schedule of a parolee or releasee. |
---|
666 | | - | (d-3) To comply with the provisions of subsection (d-2), |
---|
667 | | - | in lieu of requiring the parolee or releasee to appear in |
---|
668 | | - | person for the required reporting or meetings, supervising |
---|
669 | | - | officers may utilize technology, including cellular and other |
---|
670 | | - | electronic communication devices or platforms, that allows for |
---|
671 | | - | communication between the supervised individual and the |
---|
672 | | - | supervising officer. |
---|
673 | | - | |
---|
674 | | - | |
---|
675 | | - | (e) Supervising officers shall receive specialized |
---|
676 | | - | training in the special needs of female releasees or parolees |
---|
677 | | - | including the family reunification process. |
---|
678 | | - | (f) The supervising officer shall keep such records as the |
---|
679 | | - | Prisoner Review Board or Department may require. All records |
---|
680 | | - | shall be entered in the master file of the individual. |
---|
681 | | - | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; |
---|
682 | | - | 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.) |
---|
683 | | - | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
---|
684 | | - | Sec. 5-6-3. Conditions of probation and of conditional |
---|
685 | | - | discharge. |
---|
686 | | - | (a) The conditions of probation and of conditional |
---|
687 | | - | discharge shall be that the person: |
---|
688 | | - | (1) not violate any criminal statute of any |
---|
689 | | - | jurisdiction; |
---|
690 | | - | (2) report to or appear in person before such person |
---|
691 | | - | or agency as directed by the court. To comply with the |
---|
692 | | - | provisions of this paragraph (2), in lieu of requiring the |
---|
693 | | - | person on probation or conditional discharge to appear in |
---|
694 | | - | person for the required reporting or meetings, the officer |
---|
695 | | - | may utilize technology, including cellular and other |
---|
696 | | - | electronic communication devices or platforms, that allow |
---|
697 | | - | for communication between the supervised person and the |
---|
698 | | - | officer in accordance with standards and guidelines |
---|
699 | | - | established by the Administrative Office of the Illinois |
---|
700 | | - | |
---|
701 | | - | |
---|
702 | | - | Courts; |
---|
703 | | - | (3) refrain from possessing a firearm or other |
---|
704 | | - | dangerous weapon where the offense is a felony or, if a |
---|
705 | | - | misdemeanor, the offense involved the intentional or |
---|
706 | | - | knowing infliction of bodily harm or threat of bodily |
---|
707 | | - | harm; |
---|
708 | | - | (4) not leave the State without the consent of the |
---|
709 | | - | court or, in circumstances in which the reason for the |
---|
710 | | - | absence is of such an emergency nature that prior consent |
---|
711 | | - | by the court is not possible, without the prior |
---|
712 | | - | notification and approval of the person's probation |
---|
713 | | - | officer. Transfer of a person's probation or conditional |
---|
714 | | - | discharge supervision to another state is subject to |
---|
715 | | - | acceptance by the other state pursuant to the Interstate |
---|
716 | | - | Compact for Adult Offender Supervision; |
---|
717 | | - | (5) permit the probation officer to visit him at his |
---|
718 | | - | home or elsewhere to the extent necessary to discharge his |
---|
719 | | - | duties; |
---|
720 | | - | (6) perform no less than 30 hours of community service |
---|
721 | | - | and not more than 120 hours of community service, if |
---|
722 | | - | community service is available in the jurisdiction and is |
---|
723 | | - | funded and approved by the county board where the offense |
---|
724 | | - | was committed, where the offense was related to or in |
---|
725 | | - | furtherance of the criminal activities of an organized |
---|
726 | | - | gang and was motivated by the offender's membership in or |
---|
727 | | - | allegiance to an organized gang. The community service |
---|
728 | | - | |
---|
729 | | - | |
---|
730 | | - | shall include, but not be limited to, the cleanup and |
---|
731 | | - | repair of any damage caused by a violation of Section |
---|
732 | | - | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
---|
733 | | - | 2012 and similar damage to property located within the |
---|
734 | | - | municipality or county in which the violation occurred. |
---|
735 | | - | When possible and reasonable, the community service should |
---|
736 | | - | be performed in the offender's neighborhood. For purposes |
---|
737 | | - | of this Section, "organized gang" has the meaning ascribed |
---|
738 | | - | to it in Section 10 of the Illinois Streetgang Terrorism |
---|
739 | | - | Omnibus Prevention Act. The court may give credit toward |
---|
740 | | - | the fulfillment of community service hours for |
---|
741 | | - | participation in activities and treatment as determined by |
---|
742 | | - | court services; |
---|
743 | | - | (7) if he or she is at least 17 years of age and has |
---|
744 | | - | been sentenced to probation or conditional discharge for a |
---|
745 | | - | misdemeanor or felony in a county of 3,000,000 or more |
---|
746 | | - | inhabitants and has not been previously convicted of a |
---|
747 | | - | misdemeanor or felony, may be required by the sentencing |
---|
748 | | - | court to attend educational courses designed to prepare |
---|
749 | | - | the defendant for a high school diploma and to work toward |
---|
750 | | - | a high school diploma or to work toward passing high |
---|
751 | | - | school equivalency testing or to work toward completing a |
---|
752 | | - | vocational training program approved by the court. The |
---|
753 | | - | person on probation or conditional discharge must attend a |
---|
754 | | - | public institution of education to obtain the educational |
---|
755 | | - | or vocational training required by this paragraph (7). The |
---|
756 | | - | |
---|
757 | | - | |
---|
758 | | - | court shall revoke the probation or conditional discharge |
---|
759 | | - | of a person who willfully fails to comply with this |
---|
760 | | - | paragraph (7). The person on probation or conditional |
---|
761 | | - | discharge shall be required to pay for the cost of the |
---|
762 | | - | educational courses or high school equivalency testing if |
---|
763 | | - | a fee is charged for those courses or testing. The court |
---|
764 | | - | shall resentence the offender whose probation or |
---|
765 | | - | conditional discharge has been revoked as provided in |
---|
766 | | - | Section 5-6-4. This paragraph (7) does not apply to a |
---|
767 | | - | person who has a high school diploma or has successfully |
---|
768 | | - | passed high school equivalency testing. This paragraph (7) |
---|
769 | | - | does not apply to a person who is determined by the court |
---|
770 | | - | to be a person with a developmental disability or |
---|
771 | | - | otherwise mentally incapable of completing the educational |
---|
772 | | - | or vocational program; |
---|
773 | | - | (8) if convicted of possession of a substance |
---|
774 | | - | prohibited by the Cannabis Control Act, the Illinois |
---|
775 | | - | Controlled Substances Act, or the Methamphetamine Control |
---|
776 | | - | and Community Protection Act after a previous conviction |
---|
777 | | - | or disposition of supervision for possession of a |
---|
778 | | - | substance prohibited by the Cannabis Control Act or |
---|
779 | | - | Illinois Controlled Substances Act or after a sentence of |
---|
780 | | - | probation under Section 10 of the Cannabis Control Act, |
---|
781 | | - | Section 410 of the Illinois Controlled Substances Act, or |
---|
782 | | - | Section 70 of the Methamphetamine Control and Community |
---|
783 | | - | Protection Act and upon a finding by the court that the |
---|
784 | | - | |
---|
785 | | - | |
---|
786 | | - | person is addicted, undergo treatment at a substance abuse |
---|
787 | | - | program approved by the court; |
---|
788 | | - | (8.5) if convicted of a felony sex offense as defined |
---|
789 | | - | in the Sex Offender Management Board Act, the person shall |
---|
790 | | - | undergo and successfully complete sex offender treatment |
---|
791 | | - | by a treatment provider approved by the Board and |
---|
792 | | - | conducted in conformance with the standards developed |
---|
793 | | - | under the Sex Offender Management Board Act; |
---|
794 | | - | (8.6) if convicted of a sex offense as defined in the |
---|
795 | | - | Sex Offender Management Board Act, refrain from residing |
---|
796 | | - | at the same address or in the same condominium unit or |
---|
797 | | - | apartment unit or in the same condominium complex or |
---|
798 | | - | apartment complex with another person he or she knows or |
---|
799 | | - | reasonably should know is a convicted sex offender or has |
---|
800 | | - | been placed on supervision for a sex offense; the |
---|
801 | | - | provisions of this paragraph do not apply to a person |
---|
802 | | - | convicted of a sex offense who is placed in a Department of |
---|
803 | | - | Corrections licensed transitional housing facility for sex |
---|
804 | | - | offenders; |
---|
805 | | - | (8.7) if convicted for an offense committed on or |
---|
806 | | - | after June 1, 2008 (the effective date of Public Act |
---|
807 | | - | 95-464) that would qualify the accused as a child sex |
---|
808 | | - | offender as defined in Section 11-9.3 or 11-9.4 of the |
---|
809 | | - | Criminal Code of 1961 or the Criminal Code of 2012, |
---|
810 | | - | refrain from communicating with or contacting, by means of |
---|
811 | | - | the Internet, a person who is not related to the accused |
---|
812 | | - | |
---|
813 | | - | |
---|
814 | | - | and whom the accused reasonably believes to be under 18 |
---|
815 | | - | years of age; for purposes of this paragraph (8.7), |
---|
816 | | - | "Internet" has the meaning ascribed to it in Section |
---|
817 | | - | 16-0.1 of the Criminal Code of 2012; and a person is not |
---|
818 | | - | related to the accused if the person is not: (i) the |
---|
819 | | - | spouse, brother, or sister of the accused; (ii) a |
---|
820 | | - | descendant of the accused; (iii) a first or second cousin |
---|
821 | | - | of the accused; or (iv) a step-child or adopted child of |
---|
822 | | - | the accused; |
---|
823 | | - | (8.8) if convicted for an offense under Section 11-6, |
---|
824 | | - | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
---|
825 | | - | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
---|
826 | | - | of the Criminal Code of 1961 or the Criminal Code of 2012, |
---|
827 | | - | or any attempt to commit any of these offenses, committed |
---|
828 | | - | on or after June 1, 2009 (the effective date of Public Act |
---|
829 | | - | 95-983): |
---|
830 | | - | (i) not access or use a computer or any other |
---|
831 | | - | device with Internet capability without the prior |
---|
832 | | - | written approval of the offender's probation officer, |
---|
833 | | - | except in connection with the offender's employment or |
---|
834 | | - | search for employment with the prior approval of the |
---|
835 | | - | offender's probation officer; |
---|
836 | | - | (ii) submit to periodic unannounced examinations |
---|
837 | | - | of the offender's computer or any other device with |
---|
838 | | - | Internet capability by the offender's probation |
---|
839 | | - | officer, a law enforcement officer, or assigned |
---|
840 | | - | |
---|
841 | | - | |
---|
842 | | - | computer or information technology specialist, |
---|
843 | | - | including the retrieval and copying of all data from |
---|
844 | | - | the computer or device and any internal or external |
---|
845 | | - | peripherals and removal of such information, |
---|
846 | | - | equipment, or device to conduct a more thorough |
---|
847 | | - | inspection; |
---|
848 | | - | (iii) submit to the installation on the offender's |
---|
849 | | - | computer or device with Internet capability, at the |
---|
850 | | - | offender's expense, of one or more hardware or |
---|
851 | | - | software systems to monitor the Internet use; and |
---|
852 | | - | (iv) submit to any other appropriate restrictions |
---|
853 | | - | concerning the offender's use of or access to a |
---|
854 | | - | computer or any other device with Internet capability |
---|
855 | | - | imposed by the offender's probation officer; |
---|
856 | | - | (8.9) if convicted of a sex offense as defined in the |
---|
857 | | - | Sex Offender Registration Act committed on or after |
---|
858 | | - | January 1, 2010 (the effective date of Public Act 96-262), |
---|
859 | | - | refrain from accessing or using a social networking |
---|
860 | | - | website as defined in Section 17-0.5 of the Criminal Code |
---|
861 | | - | of 2012; |
---|
862 | | - | (9) if convicted of a felony or of any misdemeanor |
---|
863 | | - | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
---|
864 | | - | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
---|
865 | | - | 2012 that was determined, pursuant to Section 112A-11.1 of |
---|
866 | | - | the Code of Criminal Procedure of 1963, to trigger the |
---|
867 | | - | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
---|
868 | | - | |
---|
869 | | - | |
---|
870 | | - | at a time and place designated by the court, his or her |
---|
871 | | - | Firearm Owner's Identification Card and any and all |
---|
872 | | - | firearms in his or her possession. The Court shall return |
---|
873 | | - | to the Illinois State Police Firearm Owner's |
---|
874 | | - | Identification Card Office the person's Firearm Owner's |
---|
875 | | - | Identification Card; |
---|
876 | | - | (10) if convicted of a sex offense as defined in |
---|
877 | | - | subsection (a-5) of Section 3-1-2 of this Code, unless the |
---|
878 | | - | offender is a parent or guardian of the person under 18 |
---|
879 | | - | years of age present in the home and no non-familial |
---|
880 | | - | minors are present, not participate in a holiday event |
---|
881 | | - | involving children under 18 years of age, such as |
---|
882 | | - | distributing candy or other items to children on |
---|
883 | | - | Halloween, wearing a Santa Claus costume on or preceding |
---|
884 | | - | Christmas, being employed as a department store Santa |
---|
885 | | - | Claus, or wearing an Easter Bunny costume on or preceding |
---|
886 | | - | Easter; |
---|
887 | | - | (11) if convicted of a sex offense as defined in |
---|
888 | | - | Section 2 of the Sex Offender Registration Act committed |
---|
889 | | - | on or after January 1, 2010 (the effective date of Public |
---|
890 | | - | Act 96-362) that requires the person to register as a sex |
---|
891 | | - | offender under that Act, may not knowingly use any |
---|
892 | | - | computer scrub software on any computer that the sex |
---|
893 | | - | offender uses; |
---|
894 | | - | (12) if convicted of a violation of the |
---|
895 | | - | Methamphetamine Control and Community Protection Act, the |
---|
896 | | - | |
---|
897 | | - | |
---|
898 | | - | Methamphetamine Precursor Control Act, or a |
---|
899 | | - | methamphetamine related offense: |
---|
900 | | - | (A) prohibited from purchasing, possessing, or |
---|
901 | | - | having under his or her control any product containing |
---|
902 | | - | pseudoephedrine unless prescribed by a physician; and |
---|
903 | | - | (B) prohibited from purchasing, possessing, or |
---|
904 | | - | having under his or her control any product containing |
---|
905 | | - | ammonium nitrate; and |
---|
906 | | - | (13) if convicted of a hate crime involving the |
---|
907 | | - | protected class identified in subsection (a) of Section |
---|
908 | | - | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
---|
909 | | - | offense the offender committed, perform public or |
---|
910 | | - | community service of no less than 200 hours and enroll in |
---|
911 | | - | an educational program discouraging hate crimes that |
---|
912 | | - | includes racial, ethnic, and cultural sensitivity training |
---|
913 | | - | ordered by the court. |
---|
914 | | - | (b) The Court may in addition to other reasonable |
---|
915 | | - | conditions relating to the nature of the offense or the |
---|
916 | | - | rehabilitation of the defendant as determined for each |
---|
917 | | - | defendant in the proper discretion of the Court require that |
---|
918 | | - | the person: |
---|
919 | | - | (1) serve a term of periodic imprisonment under |
---|
920 | | - | Article 7 for a period not to exceed that specified in |
---|
921 | | - | paragraph (d) of Section 5-7-1; |
---|
922 | | - | (2) pay a fine and costs; |
---|
923 | | - | (3) work or pursue a course of study or vocational |
---|
924 | | - | |
---|
925 | | - | |
---|
926 | | - | training; |
---|
927 | | - | (4) undergo medical, psychological or psychiatric |
---|
928 | | - | treatment; or treatment for drug addiction or alcoholism; |
---|
929 | | - | (5) attend or reside in a facility established for the |
---|
930 | | - | instruction or residence of defendants on probation; |
---|
931 | | - | (6) support his dependents; |
---|
932 | | - | (7) and in addition, if a minor: |
---|
933 | | - | (i) reside with his parents or in a foster home; |
---|
934 | | - | (ii) attend school; |
---|
935 | | - | (iii) attend a non-residential program for youth; |
---|
936 | | - | (iv) contribute to his own support at home or in a |
---|
937 | | - | foster home; |
---|
938 | | - | (v) with the consent of the superintendent of the |
---|
939 | | - | facility, attend an educational program at a facility |
---|
940 | | - | other than the school in which the offense was |
---|
941 | | - | committed if he or she is convicted of a crime of |
---|
942 | | - | violence as defined in Section 2 of the Crime Victims |
---|
943 | | - | Compensation Act committed in a school, on the real |
---|
944 | | - | property comprising a school, or within 1,000 feet of |
---|
945 | | - | the real property comprising a school; |
---|
946 | | - | (8) make restitution as provided in Section 5-5-6 of |
---|
947 | | - | this Code; |
---|
948 | | - | (9) perform some reasonable public or community |
---|
949 | | - | service; |
---|
950 | | - | (10) serve a term of home confinement. In addition to |
---|
951 | | - | any other applicable condition of probation or conditional |
---|
952 | | - | |
---|
953 | | - | |
---|
954 | | - | discharge, the conditions of home confinement shall be |
---|
955 | | - | that the offender: |
---|
956 | | - | (i) remain within the interior premises of the |
---|
957 | | - | place designated for his confinement during the hours |
---|
958 | | - | designated by the court; |
---|
959 | | - | (ii) admit any person or agent designated by the |
---|
960 | | - | court into the offender's place of confinement at any |
---|
961 | | - | time for purposes of verifying the offender's |
---|
962 | | - | compliance with the conditions of his confinement; and |
---|
963 | | - | (iii) if further deemed necessary by the court or |
---|
964 | | - | the Probation or Court Services Department, be placed |
---|
965 | | - | on an approved electronic monitoring device, subject |
---|
966 | | - | to Article 8A of Chapter V; |
---|
967 | | - | (iv) for persons convicted of any alcohol, |
---|
968 | | - | cannabis or controlled substance violation who are |
---|
969 | | - | placed on an approved monitoring device as a condition |
---|
970 | | - | of probation or conditional discharge, the court shall |
---|
971 | | - | impose a reasonable fee for each day of the use of the |
---|
972 | | - | device, as established by the county board in |
---|
973 | | - | subsection (g) of this Section, unless after |
---|
974 | | - | determining the inability of the offender to pay the |
---|
975 | | - | fee, the court assesses a lesser fee or no fee as the |
---|
976 | | - | case may be. This fee shall be imposed in addition to |
---|
977 | | - | the fees imposed under subsections (g) and (i) of this |
---|
978 | | - | Section. The fee shall be collected by the clerk of the |
---|
979 | | - | circuit court, except as provided in an administrative |
---|
980 | | - | |
---|
981 | | - | |
---|
982 | | - | order of the Chief Judge of the circuit court. The |
---|
983 | | - | clerk of the circuit court shall pay all monies |
---|
984 | | - | collected from this fee to the county treasurer for |
---|
985 | | - | deposit in the substance abuse services fund under |
---|
986 | | - | Section 5-1086.1 of the Counties Code, except as |
---|
987 | | - | provided in an administrative order of the Chief Judge |
---|
988 | | - | of the circuit court. |
---|
989 | | - | The Chief Judge of the circuit court of the county |
---|
990 | | - | may by administrative order establish a program for |
---|
991 | | - | electronic monitoring of offenders, in which a vendor |
---|
992 | | - | supplies and monitors the operation of the electronic |
---|
993 | | - | monitoring device, and collects the fees on behalf of |
---|
994 | | - | the county. The program shall include provisions for |
---|
995 | | - | indigent offenders and the collection of unpaid fees. |
---|
996 | | - | The program shall not unduly burden the offender and |
---|
997 | | - | shall be subject to review by the Chief Judge. |
---|
998 | | - | The Chief Judge of the circuit court may suspend |
---|
999 | | - | any additional charges or fees for late payment, |
---|
1000 | | - | interest, or damage to any device; and |
---|
1001 | | - | (v) for persons convicted of offenses other than |
---|
1002 | | - | those referenced in clause (iv) above and who are |
---|
1003 | | - | placed on an approved monitoring device as a condition |
---|
1004 | | - | of probation or conditional discharge, the court shall |
---|
1005 | | - | impose a reasonable fee for each day of the use of the |
---|
1006 | | - | device, as established by the county board in |
---|
1007 | | - | subsection (g) of this Section, unless after |
---|
1008 | | - | |
---|
1009 | | - | |
---|
1010 | | - | determining the inability of the defendant to pay the |
---|
1011 | | - | fee, the court assesses a lesser fee or no fee as the |
---|
1012 | | - | case may be. This fee shall be imposed in addition to |
---|
1013 | | - | the fees imposed under subsections (g) and (i) of this |
---|
1014 | | - | Section. The fee shall be collected by the clerk of the |
---|
1015 | | - | circuit court, except as provided in an administrative |
---|
1016 | | - | order of the Chief Judge of the circuit court. The |
---|
1017 | | - | clerk of the circuit court shall pay all monies |
---|
1018 | | - | collected from this fee to the county treasurer who |
---|
1019 | | - | shall use the monies collected to defray the costs of |
---|
1020 | | - | corrections. The county treasurer shall deposit the |
---|
1021 | | - | fee collected in the probation and court services |
---|
1022 | | - | fund. The Chief Judge of the circuit court of the |
---|
1023 | | - | county may by administrative order establish a program |
---|
1024 | | - | for electronic monitoring of offenders, in which a |
---|
1025 | | - | vendor supplies and monitors the operation of the |
---|
1026 | | - | electronic monitoring device, and collects the fees on |
---|
1027 | | - | behalf of the county. The program shall include |
---|
1028 | | - | provisions for indigent offenders and the collection |
---|
1029 | | - | of unpaid fees. The program shall not unduly burden |
---|
1030 | | - | the offender and shall be subject to review by the |
---|
1031 | | - | Chief Judge. |
---|
1032 | | - | The Chief Judge of the circuit court may suspend |
---|
1033 | | - | any additional charges or fees for late payment, |
---|
1034 | | - | interest, or damage to any device. |
---|
1035 | | - | (11) comply with the terms and conditions of an order |
---|
1036 | | - | |
---|
1037 | | - | |
---|
1038 | | - | of protection issued by the court pursuant to the Illinois |
---|
1039 | | - | Domestic Violence Act of 1986, as now or hereafter |
---|
1040 | | - | amended, or an order of protection issued by the court of |
---|
1041 | | - | another state, tribe, or United States territory. A copy |
---|
1042 | | - | of the order of protection shall be transmitted to the |
---|
1043 | | - | probation officer or agency having responsibility for the |
---|
1044 | | - | case; |
---|
1045 | | - | (12) reimburse any "local anti-crime program" as |
---|
1046 | | - | defined in Section 7 of the Anti-Crime Advisory Council |
---|
1047 | | - | Act for any reasonable expenses incurred by the program on |
---|
1048 | | - | the offender's case, not to exceed the maximum amount of |
---|
1049 | | - | the fine authorized for the offense for which the |
---|
1050 | | - | defendant was sentenced; |
---|
1051 | | - | (13) contribute a reasonable sum of money, not to |
---|
1052 | | - | exceed the maximum amount of the fine authorized for the |
---|
1053 | | - | offense for which the defendant was sentenced, (i) to a |
---|
1054 | | - | "local anti-crime program", as defined in Section 7 of the |
---|
1055 | | - | Anti-Crime Advisory Council Act, or (ii) for offenses |
---|
1056 | | - | under the jurisdiction of the Department of Natural |
---|
1057 | | - | Resources, to the fund established by the Department of |
---|
1058 | | - | Natural Resources for the purchase of evidence for |
---|
1059 | | - | investigation purposes and to conduct investigations as |
---|
1060 | | - | outlined in Section 805-105 of the Department of Natural |
---|
1061 | | - | Resources (Conservation) Law; |
---|
1062 | | - | (14) refrain from entering into a designated |
---|
1063 | | - | geographic area except upon such terms as the court finds |
---|
1064 | | - | |
---|
1065 | | - | |
---|
1066 | | - | appropriate. Such terms may include consideration of the |
---|
1067 | | - | purpose of the entry, the time of day, other persons |
---|
1068 | | - | accompanying the defendant, and advance approval by a |
---|
1069 | | - | probation officer, if the defendant has been placed on |
---|
1070 | | - | probation or advance approval by the court, if the |
---|
1071 | | - | defendant was placed on conditional discharge; |
---|
1072 | | - | (15) refrain from having any contact, directly or |
---|
1073 | | - | indirectly, with certain specified persons or particular |
---|
1074 | | - | types of persons, including but not limited to members of |
---|
1075 | | - | street gangs and drug users or dealers; |
---|
1076 | | - | (16) refrain from having in his or her body the |
---|
1077 | | - | presence of any illicit drug prohibited by the Cannabis |
---|
1078 | | - | Control Act, the Illinois Controlled Substances Act, or |
---|
1079 | | - | the Methamphetamine Control and Community Protection Act, |
---|
1080 | | - | unless prescribed by a physician, and submit samples of |
---|
1081 | | - | his or her blood or urine or both for tests to determine |
---|
1082 | | - | the presence of any illicit drug; |
---|
1083 | | - | (17) if convicted for an offense committed on or after |
---|
1084 | | - | June 1, 2008 (the effective date of Public Act 95-464) |
---|
1085 | | - | that would qualify the accused as a child sex offender as |
---|
1086 | | - | defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
---|
1087 | | - | of 1961 or the Criminal Code of 2012, refrain from |
---|
1088 | | - | communicating with or contacting, by means of the |
---|
1089 | | - | Internet, a person who is related to the accused and whom |
---|
1090 | | - | the accused reasonably believes to be under 18 years of |
---|
1091 | | - | age; for purposes of this paragraph (17), "Internet" has |
---|
1092 | | - | |
---|
1093 | | - | |
---|
1094 | | - | the meaning ascribed to it in Section 16-0.1 of the |
---|
1095 | | - | Criminal Code of 2012; and a person is related to the |
---|
1096 | | - | accused if the person is: (i) the spouse, brother, or |
---|
1097 | | - | sister of the accused; (ii) a descendant of the accused; |
---|
1098 | | - | (iii) a first or second cousin of the accused; or (iv) a |
---|
1099 | | - | step-child or adopted child of the accused; |
---|
1100 | | - | (18) if convicted for an offense committed on or after |
---|
1101 | | - | June 1, 2009 (the effective date of Public Act 95-983) |
---|
1102 | | - | that would qualify as a sex offense as defined in the Sex |
---|
1103 | | - | Offender Registration Act: |
---|
1104 | | - | (i) not access or use a computer or any other |
---|
1105 | | - | device with Internet capability without the prior |
---|
1106 | | - | written approval of the offender's probation officer, |
---|
1107 | | - | except in connection with the offender's employment or |
---|
1108 | | - | search for employment with the prior approval of the |
---|
1109 | | - | offender's probation officer; |
---|
1110 | | - | (ii) submit to periodic unannounced examinations |
---|
1111 | | - | of the offender's computer or any other device with |
---|
1112 | | - | Internet capability by the offender's probation |
---|
1113 | | - | officer, a law enforcement officer, or assigned |
---|
1114 | | - | computer or information technology specialist, |
---|
1115 | | - | including the retrieval and copying of all data from |
---|
1116 | | - | the computer or device and any internal or external |
---|
1117 | | - | peripherals and removal of such information, |
---|
1118 | | - | equipment, or device to conduct a more thorough |
---|
1119 | | - | inspection; |
---|
1120 | | - | |
---|
1121 | | - | |
---|
1122 | | - | (iii) submit to the installation on the offender's |
---|
1123 | | - | computer or device with Internet capability, at the |
---|
1124 | | - | subject's expense, of one or more hardware or software |
---|
1125 | | - | systems to monitor the Internet use; and |
---|
1126 | | - | (iv) submit to any other appropriate restrictions |
---|
1127 | | - | concerning the offender's use of or access to a |
---|
1128 | | - | computer or any other device with Internet capability |
---|
1129 | | - | imposed by the offender's probation officer; and |
---|
1130 | | - | (19) refrain from possessing a firearm or other |
---|
1131 | | - | dangerous weapon where the offense is a misdemeanor that |
---|
1132 | | - | did not involve the intentional or knowing infliction of |
---|
1133 | | - | bodily harm or threat of bodily harm. |
---|
1134 | | - | (c) The court may as a condition of probation or of |
---|
1135 | | - | conditional discharge require that a person under 18 years of |
---|
1136 | | - | age found guilty of any alcohol, cannabis or controlled |
---|
1137 | | - | substance violation, refrain from acquiring a driver's license |
---|
1138 | | - | during the period of probation or conditional discharge. If |
---|
1139 | | - | such person is in possession of a permit or license, the court |
---|
1140 | | - | may require that the minor refrain from driving or operating |
---|
1141 | | - | any motor vehicle during the period of probation or |
---|
1142 | | - | conditional discharge, except as may be necessary in the |
---|
1143 | | - | course of the minor's lawful employment. |
---|
1144 | | - | (d) An offender sentenced to probation or to conditional |
---|
1145 | | - | discharge shall be given a certificate setting forth the |
---|
1146 | | - | conditions thereof. |
---|
1147 | | - | (e) Except where the offender has committed a fourth or |
---|
1148 | | - | |
---|
1149 | | - | |
---|
1150 | | - | subsequent violation of subsection (c) of Section 6-303 of the |
---|
1151 | | - | Illinois Vehicle Code, the court shall not require as a |
---|
1152 | | - | condition of the sentence of probation or conditional |
---|
1153 | | - | discharge that the offender be committed to a period of |
---|
1154 | | - | imprisonment in excess of 6 months. This 6-month limit shall |
---|
1155 | | - | not include periods of confinement given pursuant to a |
---|
1156 | | - | sentence of county impact incarceration under Section 5-8-1.2. |
---|
1157 | | - | Persons committed to imprisonment as a condition of |
---|
1158 | | - | probation or conditional discharge shall not be committed to |
---|
1159 | | - | the Department of Corrections. |
---|
1160 | | - | (f) The court may combine a sentence of periodic |
---|
1161 | | - | imprisonment under Article 7 or a sentence to a county impact |
---|
1162 | | - | incarceration program under Article 8 with a sentence of |
---|
1163 | | - | probation or conditional discharge. |
---|
1164 | | - | (g) An offender sentenced to probation or to conditional |
---|
1165 | | - | discharge and who during the term of either undergoes |
---|
1166 | | - | mandatory drug or alcohol testing, or both, or is assigned to |
---|
1167 | | - | be placed on an approved electronic monitoring device, shall |
---|
1168 | | - | be ordered to pay all costs incidental to such mandatory drug |
---|
1169 | | - | or alcohol testing, or both, and all costs incidental to such |
---|
1170 | | - | approved electronic monitoring in accordance with the |
---|
1171 | | - | defendant's ability to pay those costs. The county board with |
---|
1172 | | - | the concurrence of the Chief Judge of the judicial circuit in |
---|
1173 | | - | which the county is located shall establish reasonable fees |
---|
1174 | | - | for the cost of maintenance, testing, and incidental expenses |
---|
1175 | | - | related to the mandatory drug or alcohol testing, or both, and |
---|
1176 | | - | |
---|
1177 | | - | |
---|
1178 | | - | all costs incidental to approved electronic monitoring, |
---|
1179 | | - | involved in a successful probation program for the county. The |
---|
1180 | | - | concurrence of the Chief Judge shall be in the form of an |
---|
1181 | | - | administrative order. The fees shall be collected by the clerk |
---|
1182 | | - | of the circuit court, except as provided in an administrative |
---|
1183 | | - | order of the Chief Judge of the circuit court. The clerk of the |
---|
1184 | | - | circuit court shall pay all moneys collected from these fees |
---|
1185 | | - | to the county treasurer who shall use the moneys collected to |
---|
1186 | | - | defray the costs of drug testing, alcohol testing, and |
---|
1187 | | - | electronic monitoring. The county treasurer shall deposit the |
---|
1188 | | - | fees collected in the county working cash fund under Section |
---|
1189 | | - | 6-27001 or Section 6-29002 of the Counties Code, as the case |
---|
1190 | | - | may be. The Chief Judge of the circuit court of the county may |
---|
1191 | | - | by administrative order establish a program for electronic |
---|
1192 | | - | monitoring of offenders, in which a vendor supplies and |
---|
1193 | | - | monitors the operation of the electronic monitoring device, |
---|
1194 | | - | and collects the fees on behalf of the county. The program |
---|
1195 | | - | shall include provisions for indigent offenders and the |
---|
1196 | | - | collection of unpaid fees. The program shall not unduly burden |
---|
1197 | | - | the offender and shall be subject to review by the Chief Judge. |
---|
1198 | | - | The Chief Judge of the circuit court may suspend any |
---|
1199 | | - | additional charges or fees for late payment, interest, or |
---|
1200 | | - | damage to any device. |
---|
1201 | | - | (h) Jurisdiction over an offender may be transferred from |
---|
1202 | | - | the sentencing court to the court of another circuit with the |
---|
1203 | | - | concurrence of both courts. Further transfers or retransfers |
---|
1204 | | - | |
---|
1205 | | - | |
---|
1206 | | - | of jurisdiction are also authorized in the same manner. The |
---|
1207 | | - | court to which jurisdiction has been transferred shall have |
---|
1208 | | - | the same powers as the sentencing court. The probation |
---|
1209 | | - | department within the circuit to which jurisdiction has been |
---|
1210 | | - | transferred, or which has agreed to provide supervision, may |
---|
1211 | | - | impose probation fees upon receiving the transferred offender, |
---|
1212 | | - | as provided in subsection (i). For all transfer cases, as |
---|
1213 | | - | defined in Section 9b of the Probation and Probation Officers |
---|
1214 | | - | Act, the probation department from the original sentencing |
---|
1215 | | - | court shall retain all probation fees collected prior to the |
---|
1216 | | - | transfer. After the transfer, all probation fees shall be paid |
---|
1217 | | - | to the probation department within the circuit to which |
---|
1218 | | - | jurisdiction has been transferred. |
---|
1219 | | - | (i) The court shall impose upon an offender sentenced to |
---|
1220 | | - | probation after January 1, 1989 or to conditional discharge |
---|
1221 | | - | after January 1, 1992 or to community service under the |
---|
1222 | | - | supervision of a probation or court services department after |
---|
1223 | | - | January 1, 2004, as a condition of such probation or |
---|
1224 | | - | conditional discharge or supervised community service, a fee |
---|
1225 | | - | of $50 for each month of probation or conditional discharge |
---|
1226 | | - | supervision or supervised community service ordered by the |
---|
1227 | | - | court, unless after determining the inability of the person |
---|
1228 | | - | sentenced to probation or conditional discharge or supervised |
---|
1229 | | - | community service to pay the fee, the court assesses a lesser |
---|
1230 | | - | fee. The court may not impose the fee on a minor who is placed |
---|
1231 | | - | in the guardianship or custody of the Department of Children |
---|
1232 | | - | |
---|
1233 | | - | |
---|
1234 | | - | and Family Services under the Juvenile Court Act of 1987 while |
---|
1235 | | - | the minor is in placement. The fee shall be imposed only upon |
---|
1236 | | - | an offender who is actively supervised by the probation and |
---|
1237 | | - | court services department. The fee shall be collected by the |
---|
1238 | | - | clerk of the circuit court. The clerk of the circuit court |
---|
1239 | | - | shall pay all monies collected from this fee to the county |
---|
1240 | | - | treasurer for deposit in the probation and court services fund |
---|
1241 | | - | under Section 15.1 of the Probation and Probation Officers |
---|
1242 | | - | Act. |
---|
1243 | | - | A circuit court may not impose a probation fee under this |
---|
1244 | | - | subsection (i) in excess of $25 per month unless the circuit |
---|
1245 | | - | court has adopted, by administrative order issued by the chief |
---|
1246 | | - | judge, a standard probation fee guide determining an |
---|
1247 | | - | offender's ability to pay. Of the amount collected as a |
---|
1248 | | - | probation fee, up to $5 of that fee collected per month may be |
---|
1249 | | - | used to provide services to crime victims and their families. |
---|
1250 | | - | The Court may only waive probation fees based on an |
---|
1251 | | - | offender's ability to pay. The probation department may |
---|
1252 | | - | re-evaluate an offender's ability to pay every 6 months, and, |
---|
1253 | | - | with the approval of the Director of Court Services or the |
---|
1254 | | - | Chief Probation Officer, adjust the monthly fee amount. An |
---|
1255 | | - | offender may elect to pay probation fees due in a lump sum. Any |
---|
1256 | | - | offender that has been assigned to the supervision of a |
---|
1257 | | - | probation department, or has been transferred either under |
---|
1258 | | - | subsection (h) of this Section or under any interstate |
---|
1259 | | - | compact, shall be required to pay probation fees to the |
---|
1260 | | - | |
---|
1261 | | - | |
---|
1262 | | - | department supervising the offender, based on the offender's |
---|
1263 | | - | ability to pay. |
---|
1264 | | - | Public Act 93-970 deletes the $10 increase in the fee |
---|
1265 | | - | under this subsection that was imposed by Public Act 93-616. |
---|
1266 | | - | This deletion is intended to control over any other Act of the |
---|
1267 | | - | 93rd General Assembly that retains or incorporates that fee |
---|
1268 | | - | increase. |
---|
1269 | | - | (i-5) In addition to the fees imposed under subsection (i) |
---|
1270 | | - | of this Section, in the case of an offender convicted of a |
---|
1271 | | - | felony sex offense (as defined in the Sex Offender Management |
---|
1272 | | - | Board Act) or an offense that the court or probation |
---|
1273 | | - | department has determined to be sexually motivated (as defined |
---|
1274 | | - | in the Sex Offender Management Board Act), the court or the |
---|
1275 | | - | probation department shall assess additional fees to pay for |
---|
1276 | | - | all costs of treatment, assessment, evaluation for risk and |
---|
1277 | | - | treatment, and monitoring the offender, based on that |
---|
1278 | | - | offender's ability to pay those costs either as they occur or |
---|
1279 | | - | under a payment plan. |
---|
1280 | | - | (j) All fines and costs imposed under this Section for any |
---|
1281 | | - | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
---|
1282 | | - | Code, or a similar provision of a local ordinance, and any |
---|
1283 | | - | violation of the Child Passenger Protection Act, or a similar |
---|
1284 | | - | provision of a local ordinance, shall be collected and |
---|
1285 | | - | disbursed by the circuit clerk as provided under the Criminal |
---|
1286 | | - | and Traffic Assessment Act. |
---|
1287 | | - | (k) Any offender who is sentenced to probation or |
---|
1288 | | - | |
---|
1289 | | - | |
---|
1290 | | - | conditional discharge for a felony sex offense as defined in |
---|
1291 | | - | the Sex Offender Management Board Act or any offense that the |
---|
1292 | | - | court or probation department has determined to be sexually |
---|
1293 | | - | motivated as defined in the Sex Offender Management Board Act |
---|
1294 | | - | shall be required to refrain from any contact, directly or |
---|
1295 | | - | indirectly, with any persons specified by the court and shall |
---|
1296 | | - | be available for all evaluations and treatment programs |
---|
1297 | | - | required by the court or the probation department. |
---|
1298 | | - | (l) The court may order an offender who is sentenced to |
---|
1299 | | - | probation or conditional discharge for a violation of an order |
---|
1300 | | - | of protection be placed under electronic surveillance as |
---|
1301 | | - | provided in Section 5-8A-7 of this Code. |
---|
1302 | | - | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.) |
---|
1303 | | - | Section 10. The Illinois Crime Reduction Act of 2009 is |
---|
1304 | | - | amended by changing Section 10 as follows: |
---|
1305 | | - | (730 ILCS 190/10) |
---|
1306 | | - | Sec. 10. Evidence-based programming. |
---|
1307 | | - | (a) Purpose. Research and practice have identified new |
---|
1308 | | - | strategies and policies that can result in a significant |
---|
1309 | | - | reduction in recidivism rates and the successful local |
---|
1310 | | - | reintegration of offenders. The purpose of this Section is to |
---|
1311 | | - | ensure that State and local agencies direct their resources to |
---|
1312 | | - | services and programming that have been demonstrated to be |
---|
1313 | | - | effective in reducing recidivism and reintegrating offenders |
---|
1314 | | - | |
---|
1315 | | - | |
---|
1316 | | - | into the locality. |
---|
1317 | | - | (b) Evidence-based programming in local supervision. |
---|
1318 | | - | (1) The Parole Division of the Department of |
---|
1319 | | - | Corrections and the Prisoner Review Board shall adopt |
---|
1320 | | - | policies, rules, and regulations that, within the first |
---|
1321 | | - | year of the adoption, validation, and utilization of the |
---|
1322 | | - | statewide, standardized risk assessment tool described in |
---|
1323 | | - | this Act, result in at least 25% of supervised individuals |
---|
1324 | | - | being supervised in accordance with evidence-based |
---|
1325 | | - | practices; within 3 years of the adoption, validation, and |
---|
1326 | | - | utilization of the statewide, standardized risk assessment |
---|
1327 | | - | tool result in at least 50% of supervised individuals |
---|
1328 | | - | being supervised in accordance with evidence-based |
---|
1329 | | - | practices; and within 5 years of the adoption, validation, |
---|
1330 | | - | and utilization of the statewide, standardized risk |
---|
1331 | | - | assessment tool result in at least 75% of supervised |
---|
1332 | | - | individuals being supervised in accordance with |
---|
1333 | | - | evidence-based practices. The policies, rules, and |
---|
1334 | | - | regulations shall: |
---|
1335 | | - | (A) Provide for a standardized individual case |
---|
1336 | | - | plan that follows the offender through the criminal |
---|
1337 | | - | justice system (including in-prison if the supervised |
---|
1338 | | - | individual is in prison) that is: |
---|
1339 | | - | (i) Based on the assets of the individual as |
---|
1340 | | - | well as his or her risks and needs identified |
---|
1341 | | - | through the assessment tool as described in this |
---|
1342 | | - | |
---|
1343 | | - | |
---|
1344 | | - | Act. |
---|
1345 | | - | (ii) Comprised of treatment and supervision |
---|
1346 | | - | services appropriate to achieve the purpose of |
---|
1347 | | - | this Act. |
---|
1348 | | - | (iii) Consistently updated, based on program |
---|
1349 | | - | participation by the supervised individual and |
---|
1350 | | - | other behavior modification exhibited by the |
---|
1351 | | - | supervised individual. |
---|
1352 | | - | (B) Concentrate resources and services on |
---|
1353 | | - | high-risk offenders. |
---|
1354 | | - | (C) Provide for the use of evidence-based |
---|
1355 | | - | programming related to education, job training, |
---|
1356 | | - | cognitive behavioral therapy, and other programming |
---|
1357 | | - | designed to reduce criminal behavior. |
---|
1358 | | - | (D) Establish a system of graduated responses. |
---|
1359 | | - | (i) The system shall set forth a menu of |
---|
1360 | | - | presumptive responses for the most common types of |
---|
1361 | | - | supervision violations. |
---|
1362 | | - | (ii) The system shall be guided by the model |
---|
1363 | | - | list of intermediate sanctions created by the |
---|
1364 | | - | Probation Services Division of the State of |
---|
1365 | | - | Illinois pursuant to subsection (1) of Section 15 |
---|
1366 | | - | of the Probation and Probation Officers Act and |
---|
1367 | | - | the system of intermediate sanctions created by |
---|
1368 | | - | the Chief Judge of each circuit court pursuant to |
---|
1369 | | - | Section 5-6-1 of the Unified Code of Corrections. |
---|
1370 | | - | |
---|
1371 | | - | |
---|
1372 | | - | (iii) The system of responses shall take into |
---|
1373 | | - | account factors such as the severity of the |
---|
1374 | | - | current violation; the supervised individual's |
---|
1375 | | - | risk level as determined by a validated assessment |
---|
1376 | | - | tool described in this Act; the supervised |
---|
1377 | | - | individual's assets; his or her previous criminal |
---|
1378 | | - | record; and the number and severity of any |
---|
1379 | | - | previous supervision violations. |
---|
1380 | | - | (iv) The system shall also define positive |
---|
1381 | | - | reinforcements that supervised individuals may |
---|
1382 | | - | receive for compliance with conditions of |
---|
1383 | | - | supervision. |
---|
1384 | | - | (v) Response to violations should be swift and |
---|
1385 | | - | certain and should be imposed as soon as |
---|
1386 | | - | practicable but no longer than 3 working days of |
---|
1387 | | - | detection of the violation behavior. |
---|
1388 | | - | (vi) The system of graduated responses shall |
---|
1389 | | - | be published on the Department of Corrections |
---|
1390 | | - | website for public view. |
---|
1391 | | - | (2) Conditions of local supervision (probation and |
---|
1392 | | - | mandatory supervised release). Conditions of local |
---|
1393 | | - | supervision whether imposed by a sentencing judge or the |
---|
1394 | | - | Prisoner Review Board shall be imposed in accordance with |
---|
1395 | | - | the offender's risks, assets, and needs as identified |
---|
1396 | | - | through the assessment tool described in this Act. |
---|
1397 | | - | (3) The Department of Corrections and the Prisoner |
---|
1398 | | - | |
---|
1399 | | - | |
---|
1400 | | - | Review Board shall annually publish an exemplar copy of |
---|
1401 | | - | any evidence-based assessments, questionnaires, or other |
---|
1402 | | - | instruments used to set conditions of release. |
---|
1403 | | - | (c) Evidence-based in-prison programming. |
---|
1404 | | - | (1) The Department of Corrections shall adopt |
---|
1405 | | - | policies, rules, and regulations that, within the first |
---|
1406 | | - | year of the adoption, validation, and utilization of the |
---|
1407 | | - | statewide, standardized risk assessment tool described in |
---|
1408 | | - | this Act, result in at least 25% of incarcerated |
---|
1409 | | - | individuals receiving services and programming in |
---|
1410 | | - | accordance with evidence-based practices; within 3 years |
---|
1411 | | - | of the adoption, validation, and utilization of the |
---|
1412 | | - | statewide, standardized risk assessment tool result in at |
---|
1413 | | - | least 50% of incarcerated individuals receiving services |
---|
1414 | | - | and programming in accordance with evidence-based |
---|
1415 | | - | practices; and within 5 years of the adoption, validation, |
---|
1416 | | - | and utilization of the statewide, standardized risk |
---|
1417 | | - | assessment tool result in at least 75% of incarcerated |
---|
1418 | | - | individuals receiving services and programming in |
---|
1419 | | - | accordance with evidence-based practices. The policies, |
---|
1420 | | - | rules, and regulations shall: |
---|
1421 | | - | (A) Provide for the use and development of a case |
---|
1422 | | - | plan based on the risks, assets, and needs identified |
---|
1423 | | - | through the assessment tool as described in this Act. |
---|
1424 | | - | The case plan should be used to determine in-prison |
---|
1425 | | - | programming; should be continuously updated based on |
---|
1426 | | - | |
---|
1427 | | - | |
---|
1428 | | - | program participation by the prisoner and other |
---|
1429 | | - | behavior modification exhibited by the prisoner; and |
---|
1430 | | - | should be used when creating the case plan described |
---|
1431 | | - | in subsection (b). |
---|
1432 | | - | (B) Provide for the use of evidence-based |
---|
1433 | | - | programming related to education, job training, |
---|
1434 | | - | cognitive behavioral therapy and other evidence-based |
---|
1435 | | - | programming. |
---|
1436 | | - | (C) Establish education programs based on a |
---|
1437 | | - | teacher to student ratio of no more than 1:30. |
---|
1438 | | - | (D) Expand the use of drug prisons, modeled after |
---|
1439 | | - | the Sheridan Correctional Center, to provide |
---|
1440 | | - | sufficient drug treatment and other support services |
---|
1441 | | - | to non-violent inmates with a history of substance |
---|
1442 | | - | abuse. |
---|
1443 | | - | (2) Participation and completion of programming by |
---|
1444 | | - | prisoners can impact earned time credit as determined |
---|
1445 | | - | under Section 3-6-3 of the Unified Code of Corrections. |
---|
1446 | | - | (3) The Department of Corrections shall provide its |
---|
1447 | | - | employees with intensive and ongoing training and |
---|
1448 | | - | professional development services to support the |
---|
1449 | | - | implementation of evidence-based practices. The training |
---|
1450 | | - | and professional development services shall include |
---|
1451 | | - | assessment techniques, case planning, cognitive behavioral |
---|
1452 | | - | training, risk reduction and intervention strategies, |
---|
1453 | | - | effective communication skills, substance abuse treatment |
---|
1454 | | - | |
---|
1455 | | - | |
---|
1456 | | - | education and other topics identified by the Department or |
---|
1457 | | - | its employees. |
---|
1458 | | - | (d) The Parole Division of the Department of Corrections |
---|
1459 | | - | and the Prisoner Review Board shall provide their employees |
---|
1460 | | - | with intensive and ongoing training and professional |
---|
1461 | | - | development services to support the implementation of |
---|
1462 | | - | evidence-based practices. The training and professional |
---|
1463 | | - | development services shall include assessment techniques, case |
---|
1464 | | - | planning, cognitive behavioral training, risk reduction and |
---|
1465 | | - | intervention strategies, effective communication skills, |
---|
1466 | | - | substance abuse treatment education, and other topics |
---|
1467 | | - | identified by the agencies or their employees. |
---|
1468 | | - | (e) The Department of Corrections, the Prisoner Review |
---|
1469 | | - | Board, and other correctional entities referenced in the |
---|
1470 | | - | policies, rules, and regulations of this Act shall design, |
---|
1471 | | - | implement, and make public a system to evaluate the |
---|
1472 | | - | effectiveness of evidence-based practices in increasing public |
---|
1473 | | - | safety and in successful reintegration of those under |
---|
1474 | | - | supervision into the locality. Annually, each agency shall |
---|
1475 | | - | submit to the Sentencing Policy Advisory Council a |
---|
1476 | | - | comprehensive report on the success of implementing |
---|
1477 | | - | evidence-based practices. The data compiled and analyzed by |
---|
1478 | | - | the Council shall be delivered annually to the Governor and |
---|
1479 | | - | the General Assembly. |
---|
| 32 | + | SB0423 Enrolled- 2 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 2 - LRB103 02875 RLC 47881 b |
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| 33 | + | SB0423 Enrolled - 2 - LRB103 02875 RLC 47881 b |
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| 34 | + | 1 instruction or residence of persons on parole or mandatory |
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| 35 | + | 2 supervised release; |
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| 36 | + | 3 (6) secure permission before visiting or writing a |
---|
| 37 | + | 4 committed person in an Illinois Department of Corrections |
---|
| 38 | + | 5 facility; |
---|
| 39 | + | 6 (7) report all arrests to an agent of the Department |
---|
| 40 | + | 7 of Corrections as soon as permitted by the arresting |
---|
| 41 | + | 8 authority but in no event later than 24 hours after |
---|
| 42 | + | 9 release from custody and immediately report service or |
---|
| 43 | + | 10 notification of an order of protection, a civil no contact |
---|
| 44 | + | 11 order, or a stalking no contact order to an agent of the |
---|
| 45 | + | 12 Department of Corrections; |
---|
| 46 | + | 13 (7.5) if convicted of a sex offense as defined in the |
---|
| 47 | + | 14 Sex Offender Management Board Act, the individual shall |
---|
| 48 | + | 15 undergo and successfully complete sex offender treatment |
---|
| 49 | + | 16 conducted in conformance with the standards developed by |
---|
| 50 | + | 17 the Sex Offender Management Board Act by a treatment |
---|
| 51 | + | 18 provider approved by the Board; |
---|
| 52 | + | 19 (7.6) if convicted of a sex offense as defined in the |
---|
| 53 | + | 20 Sex Offender Management Board Act, refrain from residing |
---|
| 54 | + | 21 at the same address or in the same condominium unit or |
---|
| 55 | + | 22 apartment unit or in the same condominium complex or |
---|
| 56 | + | 23 apartment complex with another person he or she knows or |
---|
| 57 | + | 24 reasonably should know is a convicted sex offender or has |
---|
| 58 | + | 25 been placed on supervision for a sex offense; the |
---|
| 59 | + | 26 provisions of this paragraph do not apply to a person |
---|
| 60 | + | |
---|
| 61 | + | |
---|
| 62 | + | |
---|
| 63 | + | |
---|
| 64 | + | |
---|
| 65 | + | SB0423 Enrolled - 2 - LRB103 02875 RLC 47881 b |
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| 66 | + | |
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| 67 | + | |
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| 68 | + | SB0423 Enrolled- 3 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 3 - LRB103 02875 RLC 47881 b |
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| 69 | + | SB0423 Enrolled - 3 - LRB103 02875 RLC 47881 b |
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| 70 | + | 1 convicted of a sex offense who is placed in a Department of |
---|
| 71 | + | 2 Corrections licensed transitional housing facility for sex |
---|
| 72 | + | 3 offenders, or is in any facility operated or licensed by |
---|
| 73 | + | 4 the Department of Children and Family Services or by the |
---|
| 74 | + | 5 Department of Human Services, or is in any licensed |
---|
| 75 | + | 6 medical facility; |
---|
| 76 | + | 7 (7.7) if convicted for an offense that would qualify |
---|
| 77 | + | 8 the accused as a sexual predator under the Sex Offender |
---|
| 78 | + | 9 Registration Act on or after January 1, 2007 (the |
---|
| 79 | + | 10 effective date of Public Act 94-988), wear an approved |
---|
| 80 | + | 11 electronic monitoring device as defined in Section 5-8A-2 |
---|
| 81 | + | 12 for the duration of the person's parole, mandatory |
---|
| 82 | + | 13 supervised release term, or extended mandatory supervised |
---|
| 83 | + | 14 release term and if convicted for an offense of criminal |
---|
| 84 | + | 15 sexual assault, aggravated criminal sexual assault, |
---|
| 85 | + | 16 predatory criminal sexual assault of a child, criminal |
---|
| 86 | + | 17 sexual abuse, aggravated criminal sexual abuse, or |
---|
| 87 | + | 18 ritualized abuse of a child committed on or after August |
---|
| 88 | + | 19 11, 2009 (the effective date of Public Act 96-236) when |
---|
| 89 | + | 20 the victim was under 18 years of age at the time of the |
---|
| 90 | + | 21 commission of the offense and the defendant used force or |
---|
| 91 | + | 22 the threat of force in the commission of the offense wear |
---|
| 92 | + | 23 an approved electronic monitoring device as defined in |
---|
| 93 | + | 24 Section 5-8A-2 that has Global Positioning System (GPS) |
---|
| 94 | + | 25 capability for the duration of the person's parole, |
---|
| 95 | + | 26 mandatory supervised release term, or extended mandatory |
---|
| 96 | + | |
---|
| 97 | + | |
---|
| 98 | + | |
---|
| 99 | + | |
---|
| 100 | + | |
---|
| 101 | + | SB0423 Enrolled - 3 - LRB103 02875 RLC 47881 b |
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| 102 | + | |
---|
| 103 | + | |
---|
| 104 | + | SB0423 Enrolled- 4 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 4 - LRB103 02875 RLC 47881 b |
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| 105 | + | SB0423 Enrolled - 4 - LRB103 02875 RLC 47881 b |
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| 106 | + | 1 supervised release term; |
---|
| 107 | + | 2 (7.8) if convicted for an offense committed on or |
---|
| 108 | + | 3 after June 1, 2008 (the effective date of Public Act |
---|
| 109 | + | 4 95-464) that would qualify the accused as a child sex |
---|
| 110 | + | 5 offender as defined in Section 11-9.3 or 11-9.4 of the |
---|
| 111 | + | 6 Criminal Code of 1961 or the Criminal Code of 2012, |
---|
| 112 | + | 7 refrain from communicating with or contacting, by means of |
---|
| 113 | + | 8 the Internet, a person who is not related to the accused |
---|
| 114 | + | 9 and whom the accused reasonably believes to be under 18 |
---|
| 115 | + | 10 years of age; for purposes of this paragraph (7.8), |
---|
| 116 | + | 11 "Internet" has the meaning ascribed to it in Section |
---|
| 117 | + | 12 16-0.1 of the Criminal Code of 2012; and a person is not |
---|
| 118 | + | 13 related to the accused if the person is not: (i) the |
---|
| 119 | + | 14 spouse, brother, or sister of the accused; (ii) a |
---|
| 120 | + | 15 descendant of the accused; (iii) a first or second cousin |
---|
| 121 | + | 16 of the accused; or (iv) a step-child or adopted child of |
---|
| 122 | + | 17 the accused; |
---|
| 123 | + | 18 (7.9) if convicted under Section 11-6, 11-20.1, |
---|
| 124 | + | 19 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 |
---|
| 125 | + | 20 or the Criminal Code of 2012, consent to search of |
---|
| 126 | + | 21 computers, PDAs, cellular phones, and other devices under |
---|
| 127 | + | 22 his or her control that are capable of accessing the |
---|
| 128 | + | 23 Internet or storing electronic files, in order to confirm |
---|
| 129 | + | 24 Internet protocol addresses reported in accordance with |
---|
| 130 | + | 25 the Sex Offender Registration Act and compliance with |
---|
| 131 | + | 26 conditions in this Act; |
---|
| 132 | + | |
---|
| 133 | + | |
---|
| 134 | + | |
---|
| 135 | + | |
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| 136 | + | |
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| 137 | + | SB0423 Enrolled - 4 - LRB103 02875 RLC 47881 b |
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| 138 | + | |
---|
| 139 | + | |
---|
| 140 | + | SB0423 Enrolled- 5 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 5 - LRB103 02875 RLC 47881 b |
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| 141 | + | SB0423 Enrolled - 5 - LRB103 02875 RLC 47881 b |
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| 142 | + | 1 (7.10) if convicted for an offense that would qualify |
---|
| 143 | + | 2 the accused as a sex offender or sexual predator under the |
---|
| 144 | + | 3 Sex Offender Registration Act on or after June 1, 2008 |
---|
| 145 | + | 4 (the effective date of Public Act 95-640), not possess |
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| 146 | + | 5 prescription drugs for erectile dysfunction; |
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| 147 | + | 6 (7.11) if convicted for an offense under Section 11-6, |
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| 148 | + | 7 11-9.1, 11-14.4 that involves soliciting for a juvenile |
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| 149 | + | 8 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
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| 150 | + | 9 of the Criminal Code of 1961 or the Criminal Code of 2012, |
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| 151 | + | 10 or any attempt to commit any of these offenses, committed |
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| 152 | + | 11 on or after June 1, 2009 (the effective date of Public Act |
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| 153 | + | 12 95-983): |
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| 154 | + | 13 (i) not access or use a computer or any other |
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| 155 | + | 14 device with Internet capability without the prior |
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| 156 | + | 15 written approval of the Department; |
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| 157 | + | 16 (ii) submit to periodic unannounced examinations |
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| 158 | + | 17 of the offender's computer or any other device with |
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| 159 | + | 18 Internet capability by the offender's supervising |
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| 160 | + | 19 agent, a law enforcement officer, or assigned computer |
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| 161 | + | 20 or information technology specialist, including the |
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| 162 | + | 21 retrieval and copying of all data from the computer or |
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| 163 | + | 22 device and any internal or external peripherals and |
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| 164 | + | 23 removal of such information, equipment, or device to |
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| 165 | + | 24 conduct a more thorough inspection; |
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| 166 | + | 25 (iii) submit to the installation on the offender's |
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| 167 | + | 26 computer or device with Internet capability, at the |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | |
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| 172 | + | |
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| 173 | + | SB0423 Enrolled - 5 - LRB103 02875 RLC 47881 b |
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| 174 | + | |
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| 175 | + | |
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| 176 | + | SB0423 Enrolled- 6 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 6 - LRB103 02875 RLC 47881 b |
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| 177 | + | SB0423 Enrolled - 6 - LRB103 02875 RLC 47881 b |
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| 178 | + | 1 offender's expense, of one or more hardware or |
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| 179 | + | 2 software systems to monitor the Internet use; and |
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| 180 | + | 3 (iv) submit to any other appropriate restrictions |
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| 181 | + | 4 concerning the offender's use of or access to a |
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| 182 | + | 5 computer or any other device with Internet capability |
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| 183 | + | 6 imposed by the Board, the Department or the offender's |
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| 184 | + | 7 supervising agent; |
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| 185 | + | 8 (7.12) if convicted of a sex offense as defined in the |
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| 186 | + | 9 Sex Offender Registration Act committed on or after |
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| 187 | + | 10 January 1, 2010 (the effective date of Public Act 96-262), |
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| 188 | + | 11 refrain from accessing or using a social networking |
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| 189 | + | 12 website as defined in Section 17-0.5 of the Criminal Code |
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| 190 | + | 13 of 2012; |
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| 191 | + | 14 (7.13) if convicted of a sex offense as defined in |
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| 192 | + | 15 Section 2 of the Sex Offender Registration Act committed |
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| 193 | + | 16 on or after January 1, 2010 (the effective date of Public |
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| 194 | + | 17 Act 96-362) that requires the person to register as a sex |
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| 195 | + | 18 offender under that Act, may not knowingly use any |
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| 196 | + | 19 computer scrub software on any computer that the sex |
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| 197 | + | 20 offender uses; |
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| 198 | + | 21 (8) obtain permission of an agent of the Department of |
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| 199 | + | 22 Corrections before leaving the State of Illinois; |
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| 200 | + | 23 (9) obtain permission of an agent of the Department of |
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| 201 | + | 24 Corrections before changing his or her residence or |
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| 202 | + | 25 employment; |
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| 203 | + | 26 (10) consent to a search of his or her person, |
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| 204 | + | |
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| 205 | + | |
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| 206 | + | |
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| 207 | + | |
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| 208 | + | |
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| 209 | + | SB0423 Enrolled - 6 - LRB103 02875 RLC 47881 b |
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| 210 | + | |
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| 211 | + | |
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| 212 | + | SB0423 Enrolled- 7 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 7 - LRB103 02875 RLC 47881 b |
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| 213 | + | SB0423 Enrolled - 7 - LRB103 02875 RLC 47881 b |
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| 214 | + | 1 property, or residence under his or her control; |
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| 215 | + | 2 (11) refrain from the use or possession of narcotics |
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| 216 | + | 3 or other controlled substances in any form, or both, or |
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| 217 | + | 4 any paraphernalia related to those substances and submit |
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| 218 | + | 5 to a urinalysis test as instructed by a parole agent of the |
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| 219 | + | 6 Department of Corrections if there is reasonable suspicion |
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| 220 | + | 7 of illicit drug use and the source of the reasonable |
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| 221 | + | 8 suspicion is documented in the Department's case |
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| 222 | + | 9 management system; |
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| 223 | + | 10 (12) not knowingly frequent places where controlled |
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| 224 | + | 11 substances are illegally sold, used, distributed, or |
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| 225 | + | 12 administered; |
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| 226 | + | 13 (13) except when the association described in either |
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| 227 | + | 14 subparagraph (A) or (B) of this paragraph (13) involves |
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| 228 | + | 15 activities related to community programs, worship |
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| 229 | + | 16 services, volunteering, engaging families, or some other |
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| 230 | + | 17 pro-social activity in which there is no evidence of |
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| 231 | + | 18 criminal intent: |
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| 232 | + | 19 (A) not knowingly associate with other persons on |
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| 233 | + | 20 parole or mandatory supervised release without prior |
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| 234 | + | 21 written permission of his or her parole agent; or |
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| 235 | + | 22 (B) not knowingly associate with persons who are |
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| 236 | + | 23 members of an organized gang as that term is defined in |
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| 237 | + | 24 the Illinois Streetgang Terrorism Omnibus Prevention |
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| 238 | + | 25 Act; |
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| 239 | + | 26 (14) provide true and accurate information, as it |
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| 240 | + | |
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| 241 | + | |
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| 242 | + | |
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| 243 | + | |
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| 244 | + | |
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| 245 | + | SB0423 Enrolled - 7 - LRB103 02875 RLC 47881 b |
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| 246 | + | |
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| 247 | + | |
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| 248 | + | SB0423 Enrolled- 8 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 8 - LRB103 02875 RLC 47881 b |
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| 249 | + | SB0423 Enrolled - 8 - LRB103 02875 RLC 47881 b |
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| 250 | + | 1 relates to his or her adjustment in the community while on |
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| 251 | + | 2 parole or mandatory supervised release or to his or her |
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| 252 | + | 3 conduct while incarcerated, in response to inquiries by |
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| 253 | + | 4 his or her parole agent or of the Department of |
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| 254 | + | 5 Corrections; |
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| 255 | + | 6 (15) follow any specific instructions provided by the |
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| 256 | + | 7 parole agent that are consistent with furthering |
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| 257 | + | 8 conditions set and approved by the Prisoner Review Board |
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| 258 | + | 9 or by law, exclusive of placement on electronic detention, |
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| 259 | + | 10 to achieve the goals and objectives of his or her parole or |
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| 260 | + | 11 mandatory supervised release or to protect the public. |
---|
| 261 | + | 12 These instructions by the parole agent may be modified at |
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| 262 | + | 13 any time, as the agent deems appropriate; |
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| 263 | + | 14 (16) if convicted of a sex offense as defined in |
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| 264 | + | 15 subsection (a-5) of Section 3-1-2 of this Code, unless the |
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| 265 | + | 16 offender is a parent or guardian of the person under 18 |
---|
| 266 | + | 17 years of age present in the home and no non-familial |
---|
| 267 | + | 18 minors are present, not participate in a holiday event |
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| 268 | + | 19 involving children under 18 years of age, such as |
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| 269 | + | 20 distributing candy or other items to children on |
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| 270 | + | 21 Halloween, wearing a Santa Claus costume on or preceding |
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| 271 | + | 22 Christmas, being employed as a department store Santa |
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| 272 | + | 23 Claus, or wearing an Easter Bunny costume on or preceding |
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| 273 | + | 24 Easter; |
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| 274 | + | 25 (17) if convicted of a violation of an order of |
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| 275 | + | 26 protection under Section 12-3.4 or Section 12-30 of the |
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| 276 | + | |
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| 277 | + | |
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| 278 | + | |
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| 279 | + | |
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| 280 | + | |
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| 281 | + | SB0423 Enrolled - 8 - LRB103 02875 RLC 47881 b |
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| 282 | + | |
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| 283 | + | |
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| 284 | + | SB0423 Enrolled- 9 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 9 - LRB103 02875 RLC 47881 b |
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| 285 | + | SB0423 Enrolled - 9 - LRB103 02875 RLC 47881 b |
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| 286 | + | 1 Criminal Code of 1961 or the Criminal Code of 2012, be |
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| 287 | + | 2 placed under electronic surveillance as provided in |
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| 288 | + | 3 Section 5-8A-7 of this Code; |
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| 289 | + | 4 (18) comply with the terms and conditions of an order |
---|
| 290 | + | 5 of protection issued pursuant to the Illinois Domestic |
---|
| 291 | + | 6 Violence Act of 1986; an order of protection issued by the |
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| 292 | + | 7 court of another state, tribe, or United States territory; |
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| 293 | + | 8 a no contact order issued pursuant to the Civil No Contact |
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| 294 | + | 9 Order Act; or a no contact order issued pursuant to the |
---|
| 295 | + | 10 Stalking No Contact Order Act; |
---|
| 296 | + | 11 (19) if convicted of a violation of the |
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| 297 | + | 12 Methamphetamine Control and Community Protection Act, the |
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| 298 | + | 13 Methamphetamine Precursor Control Act, or a |
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| 299 | + | 14 methamphetamine related offense, be: |
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| 300 | + | 15 (A) prohibited from purchasing, possessing, or |
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| 301 | + | 16 having under his or her control any product containing |
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| 302 | + | 17 pseudoephedrine unless prescribed by a physician; and |
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| 303 | + | 18 (B) prohibited from purchasing, possessing, or |
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| 304 | + | 19 having under his or her control any product containing |
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| 305 | + | 20 ammonium nitrate; |
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| 306 | + | 21 (20) if convicted of a hate crime under Section 12-7.1 |
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| 307 | + | 22 of the Criminal Code of 2012, perform public or community |
---|
| 308 | + | 23 service of no less than 200 hours and enroll in an |
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| 309 | + | 24 educational program discouraging hate crimes involving the |
---|
| 310 | + | 25 protected class identified in subsection (a) of Section |
---|
| 311 | + | 26 12-7.1 of the Criminal Code of 2012 that gave rise to the |
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| 312 | + | |
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| 313 | + | |
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| 314 | + | |
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| 315 | + | |
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| 316 | + | |
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| 317 | + | SB0423 Enrolled - 9 - LRB103 02875 RLC 47881 b |
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| 318 | + | |
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| 319 | + | |
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| 320 | + | SB0423 Enrolled- 10 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 10 - LRB103 02875 RLC 47881 b |
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| 321 | + | SB0423 Enrolled - 10 - LRB103 02875 RLC 47881 b |
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| 322 | + | 1 offense the offender committed ordered by the court; and |
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| 323 | + | 2 (21) be evaluated by the Department of Corrections |
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| 324 | + | 3 prior to release using a validated risk assessment and be |
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| 325 | + | 4 subject to a corresponding level of supervision. In |
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| 326 | + | 5 accordance with the findings of that evaluation: |
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| 327 | + | 6 (A) All subjects found to be at a moderate or high |
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| 328 | + | 7 risk to recidivate, or on parole or mandatory |
---|
| 329 | + | 8 supervised release for first degree murder, a forcible |
---|
| 330 | + | 9 felony as defined in Section 2-8 of the Criminal Code |
---|
| 331 | + | 10 of 2012, any felony that requires registration as a |
---|
| 332 | + | 11 sex offender under the Sex Offender Registration Act, |
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| 333 | + | 12 or a Class X felony or Class 1 felony that is not a |
---|
| 334 | + | 13 violation of the Cannabis Control Act, the Illinois |
---|
| 335 | + | 14 Controlled Substances Act, or the Methamphetamine |
---|
| 336 | + | 15 Control and Community Protection Act, shall be subject |
---|
| 337 | + | 16 to high level supervision. The Department shall define |
---|
| 338 | + | 17 high level supervision based upon evidence-based and |
---|
| 339 | + | 18 research-based practices. Notwithstanding this |
---|
| 340 | + | 19 placement on high level supervision, placement of the |
---|
| 341 | + | 20 subject on electronic monitoring or detention shall |
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| 342 | + | 21 not occur unless it is required by law or expressly |
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| 343 | + | 22 ordered or approved by the Prisoner Review Board. |
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| 344 | + | 23 (B) All subjects found to be at a low risk to |
---|
| 345 | + | 24 recidivate shall be subject to low-level supervision, |
---|
| 346 | + | 25 except for those subjects on parole or mandatory |
---|
| 347 | + | 26 supervised release for first degree murder, a forcible |
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| 348 | + | |
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| 349 | + | |
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| 350 | + | |
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| 351 | + | |
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| 352 | + | |
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| 353 | + | SB0423 Enrolled - 10 - LRB103 02875 RLC 47881 b |
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| 354 | + | |
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| 355 | + | |
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| 356 | + | SB0423 Enrolled- 11 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 11 - LRB103 02875 RLC 47881 b |
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| 357 | + | SB0423 Enrolled - 11 - LRB103 02875 RLC 47881 b |
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| 358 | + | 1 felony as defined in Section 2-8 of the Criminal Code |
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| 359 | + | 2 of 2012, any felony that requires registration as a |
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| 360 | + | 3 sex offender under the Sex Offender Registration Act, |
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| 361 | + | 4 or a Class X felony or Class 1 felony that is not a |
---|
| 362 | + | 5 violation of the Cannabis Control Act, the Illinois |
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| 363 | + | 6 Controlled Substances Act, or the Methamphetamine |
---|
| 364 | + | 7 Control and Community Protection Act. Low level |
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| 365 | + | 8 supervision shall require the subject to check in with |
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| 366 | + | 9 the supervising officer via phone or other electronic |
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| 367 | + | 10 means. Notwithstanding this placement on low level |
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| 368 | + | 11 supervision, placement of the subject on electronic |
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| 369 | + | 12 monitoring or detention shall not occur unless it is |
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| 370 | + | 13 required by law or expressly ordered or approved by |
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| 371 | + | 14 the Prisoner Review Board. |
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| 372 | + | 15 (b) The Board may after making an individualized |
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| 373 | + | 16 assessment pursuant to subsection (a) of Section 3-14-2 in |
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| 374 | + | 17 addition to other conditions require that the subject: |
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| 375 | + | 18 (1) work or pursue a course of study or vocational |
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| 376 | + | 19 training; |
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| 377 | + | 20 (2) undergo medical or psychiatric treatment, or |
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| 378 | + | 21 treatment for drug addiction or alcoholism; |
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| 379 | + | 22 (3) attend or reside in a facility established for the |
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| 380 | + | 23 instruction or residence of persons on probation or |
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| 381 | + | 24 parole; |
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| 382 | + | 25 (4) support his or her dependents; |
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| 383 | + | 26 (5) (blank); |
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| 384 | + | |
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| 385 | + | |
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| 386 | + | |
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| 387 | + | |
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| 388 | + | |
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| 389 | + | SB0423 Enrolled - 11 - LRB103 02875 RLC 47881 b |
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| 390 | + | |
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| 391 | + | |
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| 392 | + | SB0423 Enrolled- 12 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 12 - LRB103 02875 RLC 47881 b |
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| 393 | + | SB0423 Enrolled - 12 - LRB103 02875 RLC 47881 b |
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| 394 | + | 1 (6) (blank); |
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| 395 | + | 2 (7) (blank); |
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| 396 | + | 3 (7.5) if convicted for an offense committed on or |
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| 397 | + | 4 after the effective date of this amendatory Act of the |
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| 398 | + | 5 95th General Assembly that would qualify the accused as a |
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| 399 | + | 6 child sex offender as defined in Section 11-9.3 or 11-9.4 |
---|
| 400 | + | 7 of the Criminal Code of 1961 or the Criminal Code of 2012, |
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| 401 | + | 8 refrain from communicating with or contacting, by means of |
---|
| 402 | + | 9 the Internet, a person who is related to the accused and |
---|
| 403 | + | 10 whom the accused reasonably believes to be under 18 years |
---|
| 404 | + | 11 of age; for purposes of this paragraph (7.5), "Internet" |
---|
| 405 | + | 12 has the meaning ascribed to it in Section 16-0.1 of the |
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| 406 | + | 13 Criminal Code of 2012; and a person is related to the |
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| 407 | + | 14 accused if the person is: (i) the spouse, brother, or |
---|
| 408 | + | 15 sister of the accused; (ii) a descendant of the accused; |
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| 409 | + | 16 (iii) a first or second cousin of the accused; or (iv) a |
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| 410 | + | 17 step-child or adopted child of the accused; |
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| 411 | + | 18 (7.6) if convicted for an offense committed on or |
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| 412 | + | 19 after June 1, 2009 (the effective date of Public Act |
---|
| 413 | + | 20 95-983) that would qualify as a sex offense as defined in |
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| 414 | + | 21 the Sex Offender Registration Act: |
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| 415 | + | 22 (i) not access or use a computer or any other |
---|
| 416 | + | 23 device with Internet capability without the prior |
---|
| 417 | + | 24 written approval of the Department; |
---|
| 418 | + | 25 (ii) submit to periodic unannounced examinations |
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| 419 | + | 26 of the offender's computer or any other device with |
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| 420 | + | |
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| 421 | + | |
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| 422 | + | |
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| 423 | + | |
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| 424 | + | |
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| 425 | + | SB0423 Enrolled - 12 - LRB103 02875 RLC 47881 b |
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| 426 | + | |
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| 427 | + | |
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| 428 | + | SB0423 Enrolled- 13 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 13 - LRB103 02875 RLC 47881 b |
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| 429 | + | SB0423 Enrolled - 13 - LRB103 02875 RLC 47881 b |
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| 430 | + | 1 Internet capability by the offender's supervising |
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| 431 | + | 2 agent, a law enforcement officer, or assigned computer |
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| 432 | + | 3 or information technology specialist, including the |
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| 433 | + | 4 retrieval and copying of all data from the computer or |
---|
| 434 | + | 5 device and any internal or external peripherals and |
---|
| 435 | + | 6 removal of such information, equipment, or device to |
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| 436 | + | 7 conduct a more thorough inspection; |
---|
| 437 | + | 8 (iii) submit to the installation on the offender's |
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| 438 | + | 9 computer or device with Internet capability, at the |
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| 439 | + | 10 offender's expense, of one or more hardware or |
---|
| 440 | + | 11 software systems to monitor the Internet use; and |
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| 441 | + | 12 (iv) submit to any other appropriate restrictions |
---|
| 442 | + | 13 concerning the offender's use of or access to a |
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| 443 | + | 14 computer or any other device with Internet capability |
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| 444 | + | 15 imposed by the Board, the Department or the offender's |
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| 445 | + | 16 supervising agent; and |
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| 446 | + | 17 (8) (blank). in addition, if a minor: |
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| 447 | + | 18 (i) reside with his or her parents or in a foster |
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| 448 | + | 19 home; |
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| 449 | + | 20 (ii) attend school; |
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| 450 | + | 21 (iii) attend a non-residential program for youth; |
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| 451 | + | 22 or |
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| 452 | + | 23 (iv) contribute to his or her own support at home |
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| 453 | + | 24 or in a foster home. |
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| 454 | + | 25 (b-1) In addition to the conditions set forth in |
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| 455 | + | 26 subsections (a) and (b), persons required to register as sex |
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| 456 | + | |
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| 457 | + | |
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| 458 | + | |
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| 459 | + | |
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| 460 | + | |
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| 461 | + | SB0423 Enrolled - 13 - LRB103 02875 RLC 47881 b |
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| 462 | + | |
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| 463 | + | |
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| 464 | + | SB0423 Enrolled- 14 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 14 - LRB103 02875 RLC 47881 b |
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| 465 | + | SB0423 Enrolled - 14 - LRB103 02875 RLC 47881 b |
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| 466 | + | 1 offenders pursuant to the Sex Offender Registration Act, upon |
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| 467 | + | 2 release from the custody of the Illinois Department of |
---|
| 468 | + | 3 Corrections, may be required by the Board to comply with the |
---|
| 469 | + | 4 following specific conditions of release following an |
---|
| 470 | + | 5 individualized assessment pursuant to subsection (a) of |
---|
| 471 | + | 6 Section 3-14-2: |
---|
| 472 | + | 7 (1) reside only at a Department approved location; |
---|
| 473 | + | 8 (2) comply with all requirements of the Sex Offender |
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| 474 | + | 9 Registration Act; |
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| 475 | + | 10 (3) notify third parties of the risks that may be |
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| 476 | + | 11 occasioned by his or her criminal record; |
---|
| 477 | + | 12 (4) obtain the approval of an agent of the Department |
---|
| 478 | + | 13 of Corrections prior to accepting employment or pursuing a |
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| 479 | + | 14 course of study or vocational training and notify the |
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| 480 | + | 15 Department prior to any change in employment, study, or |
---|
| 481 | + | 16 training; |
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| 482 | + | 17 (5) not be employed or participate in any volunteer |
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| 483 | + | 18 activity that involves contact with children, except under |
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| 484 | + | 19 circumstances approved in advance and in writing by an |
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| 485 | + | 20 agent of the Department of Corrections; |
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| 486 | + | 21 (6) be electronically monitored for a minimum of 12 |
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| 487 | + | 22 months from the date of release as determined by the |
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| 488 | + | 23 Board; |
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| 489 | + | 24 (7) refrain from entering into a designated geographic |
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| 490 | + | 25 area except upon terms approved in advance by an agent of |
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| 491 | + | 26 the Department of Corrections. The terms may include |
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| 492 | + | |
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| 493 | + | |
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| 494 | + | |
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| 495 | + | |
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| 496 | + | |
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| 497 | + | SB0423 Enrolled - 14 - LRB103 02875 RLC 47881 b |
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| 498 | + | |
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| 499 | + | |
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| 500 | + | SB0423 Enrolled- 15 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 15 - LRB103 02875 RLC 47881 b |
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| 501 | + | SB0423 Enrolled - 15 - LRB103 02875 RLC 47881 b |
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| 502 | + | 1 consideration of the purpose of the entry, the time of |
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| 503 | + | 2 day, and others accompanying the person; |
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| 504 | + | 3 (8) refrain from having any contact, including written |
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| 505 | + | 4 or oral communications, directly or indirectly, personally |
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| 506 | + | 5 or by telephone, letter, or through a third party with |
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| 507 | + | 6 certain specified persons including, but not limited to, |
---|
| 508 | + | 7 the victim or the victim's family without the prior |
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| 509 | + | 8 written approval of an agent of the Department of |
---|
| 510 | + | 9 Corrections; |
---|
| 511 | + | 10 (9) refrain from all contact, directly or indirectly, |
---|
| 512 | + | 11 personally, by telephone, letter, or through a third |
---|
| 513 | + | 12 party, with minor children without prior identification |
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| 514 | + | 13 and approval of an agent of the Department of Corrections; |
---|
| 515 | + | 14 (10) neither possess or have under his or her control |
---|
| 516 | + | 15 any material that is sexually oriented, sexually |
---|
| 517 | + | 16 stimulating, or that shows male or female sex organs or |
---|
| 518 | + | 17 any pictures depicting children under 18 years of age nude |
---|
| 519 | + | 18 or any written or audio material describing sexual |
---|
| 520 | + | 19 intercourse or that depicts or alludes to sexual activity, |
---|
| 521 | + | 20 including but not limited to visual, auditory, telephonic, |
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| 522 | + | 21 or electronic media, or any matter obtained through access |
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| 523 | + | 22 to any computer or material linked to computer access use; |
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| 524 | + | 23 (11) not patronize any business providing sexually |
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| 525 | + | 24 stimulating or sexually oriented entertainment nor utilize |
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| 526 | + | 25 "900" or adult telephone numbers; |
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| 527 | + | 26 (12) not reside near, visit, or be in or about parks, |
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| 528 | + | |
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| 529 | + | |
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| 530 | + | |
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| 531 | + | |
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| 532 | + | |
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| 533 | + | SB0423 Enrolled - 15 - LRB103 02875 RLC 47881 b |
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| 534 | + | |
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| 535 | + | |
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| 536 | + | SB0423 Enrolled- 16 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 16 - LRB103 02875 RLC 47881 b |
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| 537 | + | SB0423 Enrolled - 16 - LRB103 02875 RLC 47881 b |
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| 538 | + | 1 schools, day care centers, swimming pools, beaches, |
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| 539 | + | 2 theaters, or any other places where minor children |
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| 540 | + | 3 congregate without advance approval of an agent of the |
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| 541 | + | 4 Department of Corrections and immediately report any |
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| 542 | + | 5 incidental contact with minor children to the Department; |
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| 543 | + | 6 (13) not possess or have under his or her control |
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| 544 | + | 7 certain specified items of contraband related to the |
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| 545 | + | 8 incidence of sexually offending as determined by an agent |
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| 546 | + | 9 of the Department of Corrections; |
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| 547 | + | 10 (14) may be required to provide a written daily log of |
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| 548 | + | 11 activities if directed by an agent of the Department of |
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| 549 | + | 12 Corrections; |
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| 550 | + | 13 (15) comply with all other special conditions that the |
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| 551 | + | 14 Department may impose that restrict the person from |
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| 552 | + | 15 high-risk situations and limit access to potential |
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| 553 | + | 16 victims; |
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| 554 | + | 17 (16) take an annual polygraph exam; |
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| 555 | + | 18 (17) maintain a log of his or her travel; or |
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| 556 | + | 19 (18) obtain prior approval of his or her parole |
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| 557 | + | 20 officer before driving alone in a motor vehicle. |
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| 558 | + | 21 (c) The conditions under which the parole or mandatory |
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| 559 | + | 22 supervised release is to be served shall be communicated to |
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| 560 | + | 23 the person in writing prior to his or her release, and he or |
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| 561 | + | 24 she shall sign the same before release. A signed copy of these |
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| 562 | + | 25 conditions, including a copy of an order of protection where |
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| 563 | + | 26 one had been issued by the criminal court, shall be retained by |
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| 564 | + | |
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| 565 | + | |
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| 566 | + | |
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| 567 | + | |
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| 568 | + | |
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| 569 | + | SB0423 Enrolled - 16 - LRB103 02875 RLC 47881 b |
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| 570 | + | |
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| 571 | + | |
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| 572 | + | SB0423 Enrolled- 17 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 17 - LRB103 02875 RLC 47881 b |
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| 573 | + | SB0423 Enrolled - 17 - LRB103 02875 RLC 47881 b |
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| 574 | + | 1 the person and another copy forwarded to the officer in charge |
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| 575 | + | 2 of his or her supervision. |
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| 576 | + | 3 (d) After a hearing under Section 3-3-9, the Prisoner |
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| 577 | + | 4 Review Board may modify or enlarge the conditions of parole or |
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| 578 | + | 5 mandatory supervised release. |
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| 579 | + | 6 (e) The Department shall inform all offenders committed to |
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| 580 | + | 7 the Department of the optional services available to them upon |
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| 581 | + | 8 release and shall assist inmates in availing themselves of |
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| 582 | + | 9 such optional services upon their release on a voluntary |
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| 583 | + | 10 basis. |
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| 584 | + | 11 (f) (Blank). |
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| 585 | + | 12 (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; |
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| 586 | + | 13 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.) |
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| 587 | + | 14 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8) |
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| 588 | + | 15 Sec. 3-3-8. Length of parole and mandatory supervised |
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| 589 | + | 16 release; discharge. |
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| 590 | + | 17 (a) The length of parole for a person sentenced under the |
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| 591 | + | 18 law in effect prior to the effective date of this amendatory |
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| 592 | + | 19 Act of 1977 and the length of mandatory supervised release for |
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| 593 | + | 20 those sentenced under the law in effect on and after such |
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| 594 | + | 21 effective date shall be as set out in Section 5-8-1 unless |
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| 595 | + | 22 sooner terminated under paragraph (b) of this Section. |
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| 596 | + | 23 (b) The Prisoner Review Board may enter an order releasing |
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| 597 | + | 24 and discharging one from parole or mandatory supervised |
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| 598 | + | 25 release, and his or her commitment to the Department, when it |
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| 599 | + | |
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| 600 | + | |
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| 601 | + | |
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| 602 | + | |
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| 603 | + | |
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| 604 | + | SB0423 Enrolled - 17 - LRB103 02875 RLC 47881 b |
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| 605 | + | |
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| 606 | + | |
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| 607 | + | SB0423 Enrolled- 18 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 18 - LRB103 02875 RLC 47881 b |
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| 608 | + | SB0423 Enrolled - 18 - LRB103 02875 RLC 47881 b |
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| 609 | + | 1 determines that he or she is likely to remain at liberty |
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| 610 | + | 2 without committing another offense. |
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| 611 | + | 3 (b-1) Provided that the subject is in compliance with the |
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| 612 | + | 4 terms and conditions of his or her parole or mandatory |
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| 613 | + | 5 supervised release, the Prisoner Review Board shall may reduce |
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| 614 | + | 6 the period of a parolee or releasee's parole or mandatory |
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| 615 | + | 7 supervised release by 90 days upon the parolee or releasee |
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| 616 | + | 8 receiving a high school diploma, associate's degree, |
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| 617 | + | 9 bachelor's degree, career certificate, or vocational technical |
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| 618 | + | 10 certification or upon passage of high school equivalency |
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| 619 | + | 11 testing during the period of his or her parole or mandatory |
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| 620 | + | 12 supervised release. A parolee or releasee shall provide |
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| 621 | + | 13 documentation from the educational institution or the source |
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| 622 | + | 14 of the qualifying educational or vocational credential to |
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| 623 | + | 15 their supervising officer for verification. Each This |
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| 624 | + | 16 reduction in the period of a subject's term of parole or |
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| 625 | + | 17 mandatory supervised release shall be available only to |
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| 626 | + | 18 subjects who have not previously earned the relevant |
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| 627 | + | 19 credential for which they are receiving the reduction a high |
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| 628 | + | 20 school diploma or who have not previously passed high school |
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| 629 | + | 21 equivalency testing. As used in this Section, "career |
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| 630 | + | 22 certificate" means a certificate awarded by an institution for |
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| 631 | + | 23 satisfactory completion of a prescribed curriculum that is |
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| 632 | + | 24 intended to prepare an individual for employment in a specific |
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| 633 | + | 25 field. |
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| 634 | + | 26 (b-2) The Prisoner Review Board may release a low-risk and |
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| 635 | + | |
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| 636 | + | |
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| 637 | + | |
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| 638 | + | |
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| 639 | + | |
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| 640 | + | SB0423 Enrolled - 18 - LRB103 02875 RLC 47881 b |
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| 641 | + | |
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| 642 | + | |
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| 643 | + | SB0423 Enrolled- 19 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 19 - LRB103 02875 RLC 47881 b |
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| 644 | + | SB0423 Enrolled - 19 - LRB103 02875 RLC 47881 b |
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| 645 | + | 1 need subject person from mandatory supervised release as |
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| 646 | + | 2 determined by an appropriate evidence-based risk and need |
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| 647 | + | 3 assessment. |
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| 648 | + | 4 (c) The order of discharge shall become effective upon |
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| 649 | + | 5 entry of the order of the Board. The Board shall notify the |
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| 650 | + | 6 clerk of the committing court of the order. Upon receipt of |
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| 651 | + | 7 such copy, the clerk shall make an entry on the record judgment |
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| 652 | + | 8 that the sentence or commitment has been satisfied pursuant to |
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| 653 | + | 9 the order. |
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| 654 | + | 10 (d) Rights of the person discharged under this Section |
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| 655 | + | 11 shall be restored under Section 5-5-5. |
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| 656 | + | 12 (e) Upon a denial of early discharge under this Section, |
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| 657 | + | 13 the Prisoner Review Board shall provide the person on parole |
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| 658 | + | 14 or mandatory supervised release a list of steps or |
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| 659 | + | 15 requirements that the person must complete or meet to be |
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| 660 | + | 16 granted an early discharge at a subsequent review and share |
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| 661 | + | 17 the process for seeking a subsequent early discharge review |
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| 662 | + | 18 under this subsection. Upon the completion of such steps or |
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| 663 | + | 19 requirements, the person on parole or mandatory supervised |
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| 664 | + | 20 release may petition the Prisoner Review Board to grant them |
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| 665 | + | 21 an early discharge review. Within no more than 30 days of a |
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| 666 | + | 22 petition under this subsection, the Prisoner Review Board |
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| 667 | + | 23 shall review the petition and make a determination. |
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| 668 | + | 24 (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, |
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| 669 | + | 25 eff. 1-1-18.) |
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| 670 | + | |
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| 671 | + | |
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| 672 | + | |
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| 673 | + | |
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| 674 | + | |
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| 675 | + | SB0423 Enrolled - 19 - LRB103 02875 RLC 47881 b |
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| 676 | + | |
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| 677 | + | |
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| 678 | + | SB0423 Enrolled- 20 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 20 - LRB103 02875 RLC 47881 b |
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| 679 | + | SB0423 Enrolled - 20 - LRB103 02875 RLC 47881 b |
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| 680 | + | 1 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2) |
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| 681 | + | 2 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised |
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| 682 | + | 3 Release and Release by Statute. |
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| 683 | + | 4 (a) The Department shall retain custody of all persons |
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| 684 | + | 5 placed on parole or mandatory supervised release or released |
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| 685 | + | 6 pursuant to Section 3-3-10 of this Code and shall supervise |
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| 686 | + | 7 such persons during their parole or release period in accord |
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| 687 | + | 8 with the conditions set by the Prisoner Review Board. When |
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| 688 | + | 9 setting conditions, the Prisoner Review Board shall make an |
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| 689 | + | 10 individualized assessment as to what conditions are |
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| 690 | + | 11 appropriate based on the risk and needs assessment, program |
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| 691 | + | 12 participation and completion, assignment history while |
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| 692 | + | 13 incarcerated, and behavior history during the period of the |
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| 693 | + | 14 incarceration and involve only such deprivations of liberty or |
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| 694 | + | 15 property as are reasonably necessary to protect the public |
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| 695 | + | 16 from the person's conduct in the underlying conviction or |
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| 696 | + | 17 violation. In determining conditions, the Prisoner Review |
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| 697 | + | 18 Board shall also consider the reasonableness of imposing |
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| 698 | + | 19 additional conditions on the person and the extent to which |
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| 699 | + | 20 the conditions impact the person's work, education, community |
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| 700 | + | 21 service, financial, and family caregiving obligations. Such |
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| 701 | + | 22 conditions shall include referral to an alcohol or drug abuse |
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| 702 | + | 23 treatment program, as appropriate, if such person has |
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| 703 | + | 24 previously been identified as having an alcohol or drug abuse |
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| 704 | + | 25 problem. Such conditions may include that the person use an |
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| 705 | + | 26 approved electronic monitoring device subject to Article 8A of |
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| 706 | + | |
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| 707 | + | |
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| 708 | + | |
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| 709 | + | |
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| 710 | + | |
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| 711 | + | SB0423 Enrolled - 20 - LRB103 02875 RLC 47881 b |
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| 712 | + | |
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| 713 | + | |
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| 714 | + | SB0423 Enrolled- 21 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 21 - LRB103 02875 RLC 47881 b |
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| 715 | + | SB0423 Enrolled - 21 - LRB103 02875 RLC 47881 b |
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| 716 | + | 1 Chapter V. |
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| 717 | + | 2 (b) The Department shall assign personnel to assist |
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| 718 | + | 3 persons eligible for parole in preparing a parole plan. Such |
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| 719 | + | 4 Department personnel shall make a report of their efforts and |
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| 720 | + | 5 findings to the Prisoner Review Board prior to its |
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| 721 | + | 6 consideration of the case of such eligible person. |
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| 722 | + | 7 (c) A copy of the conditions of his parole or release shall |
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| 723 | + | 8 be signed by the parolee or releasee and given to him and to |
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| 724 | + | 9 his supervising officer who shall report on his progress under |
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| 725 | + | 10 the rules and regulations of the Prisoner Review Board. The |
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| 726 | + | 11 supervising officer shall report violations to the Prisoner |
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| 727 | + | 12 Review Board and shall have the full power of peace officers in |
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| 728 | + | 13 the arrest and retaking of any parolees or releasees or the |
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| 729 | + | 14 officer may request the Department to issue a warrant for the |
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| 730 | + | 15 arrest of any parolee or releasee who has allegedly violated |
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| 731 | + | 16 his parole or release conditions. |
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| 732 | + | 17 (c-1) The supervising officer shall request the Department |
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| 733 | + | 18 to issue a parole violation warrant, and the Department shall |
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| 734 | + | 19 issue a parole violation warrant, under the following |
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| 735 | + | 20 circumstances: |
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| 736 | + | 21 (1) if the parolee or releasee commits an act that |
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| 737 | + | 22 constitutes a felony using a firearm or knife, |
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| 738 | + | 23 (2) if applicable, fails to comply with the |
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| 739 | + | 24 requirements of the Sex Offender Registration Act, |
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| 740 | + | 25 (3) if the parolee or releasee is charged with: |
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| 741 | + | 26 (A) a felony offense of domestic battery under |
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| 742 | + | |
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| 743 | + | |
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| 744 | + | |
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| 745 | + | |
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| 746 | + | |
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| 747 | + | SB0423 Enrolled - 21 - LRB103 02875 RLC 47881 b |
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| 748 | + | |
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| 749 | + | |
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| 750 | + | SB0423 Enrolled- 22 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 22 - LRB103 02875 RLC 47881 b |
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| 751 | + | SB0423 Enrolled - 22 - LRB103 02875 RLC 47881 b |
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| 752 | + | 1 Section 12-3.2 of the Criminal Code of 1961 or the |
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| 753 | + | 2 Criminal Code of 2012, |
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| 754 | + | 3 (B) aggravated domestic battery under Section |
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| 755 | + | 4 12-3.3 of the Criminal Code of 1961 or the Criminal |
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| 756 | + | 5 Code of 2012, |
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| 757 | + | 6 (C) stalking under Section 12-7.3 of the Criminal |
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| 758 | + | 7 Code of 1961 or the Criminal Code of 2012, |
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| 759 | + | 8 (D) aggravated stalking under Section 12-7.4 of |
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| 760 | + | 9 the Criminal Code of 1961 or the Criminal Code of 2012, |
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| 761 | + | 10 (E) violation of an order of protection under |
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| 762 | + | 11 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
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| 763 | + | 12 the Criminal Code of 2012, or |
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| 764 | + | 13 (F) any offense that would require registration as |
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| 765 | + | 14 a sex offender under the Sex Offender Registration |
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| 766 | + | 15 Act, or |
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| 767 | + | 16 (4) if the parolee or releasee is on parole or |
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| 768 | + | 17 mandatory supervised release for a murder, a Class X |
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| 769 | + | 18 felony or a Class 1 felony violation of the Criminal Code |
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| 770 | + | 19 of 1961 or the Criminal Code of 2012, or any felony that |
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| 771 | + | 20 requires registration as a sex offender under the Sex |
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| 772 | + | 21 Offender Registration Act and commits an act that |
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| 773 | + | 22 constitutes first degree murder, a Class X felony, a Class |
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| 774 | + | 23 1 felony, a Class 2 felony, or a Class 3 felony. |
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| 775 | + | 24 A sheriff or other peace officer may detain an alleged |
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| 776 | + | 25 parole or release violator until a warrant for his return to |
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| 777 | + | 26 the Department can be issued. The parolee or releasee may be |
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| 778 | + | |
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| 779 | + | |
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| 780 | + | |
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| 781 | + | |
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| 782 | + | |
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| 783 | + | SB0423 Enrolled - 22 - LRB103 02875 RLC 47881 b |
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| 784 | + | |
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| 785 | + | |
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| 786 | + | SB0423 Enrolled- 23 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 23 - LRB103 02875 RLC 47881 b |
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| 787 | + | SB0423 Enrolled - 23 - LRB103 02875 RLC 47881 b |
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| 788 | + | 1 delivered to any secure place until he can be transported to |
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| 789 | + | 2 the Department. The officer or the Department shall file a |
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| 790 | + | 3 violation report with notice of charges with the Prisoner |
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| 791 | + | 4 Review Board. |
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| 792 | + | 5 (d) The supervising officer shall regularly advise and |
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| 793 | + | 6 consult with the parolee or releasee, assist him in adjusting |
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| 794 | + | 7 to community life, inform him of the restoration of his rights |
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| 795 | + | 8 on successful completion of sentence under Section 5-5-5, and |
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| 796 | + | 9 provide the parolee or releasee with an electronic copy of the |
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| 797 | + | 10 Department of Corrections system of graduated responses as set |
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| 798 | + | 11 forth under subparagraph (D) of paragraph (1) of subsection |
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| 799 | + | 12 (b) of Section 10 of the Illinois Crime Reduction Act of 2009 |
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| 800 | + | 13 and any sanctions matrix based on that system. If the parolee |
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| 801 | + | 14 or releasee has been convicted of a sex offense as defined in |
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| 802 | + | 15 the Sex Offender Management Board Act, the supervising officer |
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| 803 | + | 16 shall periodically, but not less than once a month, verify |
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| 804 | + | 17 that the parolee or releasee is in compliance with paragraph |
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| 805 | + | 18 (7.6) of subsection (a) of Section 3-3-7. |
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| 806 | + | 19 (d-1) At least once every 6 months, the supervising |
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| 807 | + | 20 officer of a parolee or releasee shall review the case of the |
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| 808 | + | 21 parolee or releasee to assess the parolee's or releasee's |
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| 809 | + | 22 progress and suitability for early discharge under subsection |
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| 810 | + | 23 (b) of Section 3-3-8 and provide a recommendation for either |
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| 811 | + | 24 early discharge or the continuation of parole or mandatory |
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| 812 | + | 25 supervised release as previously ordered. The recommendation |
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| 813 | + | 26 and the rationale for the recommendation shall be noted in the |
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| 814 | + | |
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| 815 | + | |
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| 816 | + | |
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| 817 | + | |
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| 818 | + | |
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| 819 | + | SB0423 Enrolled - 23 - LRB103 02875 RLC 47881 b |
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| 820 | + | |
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| 821 | + | |
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| 822 | + | SB0423 Enrolled- 24 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 24 - LRB103 02875 RLC 47881 b |
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| 823 | + | SB0423 Enrolled - 24 - LRB103 02875 RLC 47881 b |
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| 824 | + | 1 Department's case management system. Within 30 days of |
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| 825 | + | 2 receiving the supervising officer's recommendation, the |
---|
| 826 | + | 3 Department shall provide a copy of the final recommendation, |
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| 827 | + | 4 in writing or electronically, to the Prisoner Review Board and |
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| 828 | + | 5 to the parolee or releasee. If an early discharge |
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| 829 | + | 6 recommendation was not provided, the supervising officer shall |
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| 830 | + | 7 share the list of steps or requirements that the person must |
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| 831 | + | 8 complete or meet to be granted an early discharge |
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| 832 | + | 9 recommendation at a subsequent review under agency guidelines. |
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| 833 | + | 10 The Department shall develop guidelines and policies to |
---|
| 834 | + | 11 support the regular review of parolees and releasees for early |
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| 835 | + | 12 discharge consideration and the timely notification of the |
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| 836 | + | 13 Prisoner Review Board when early discharge is recommended. |
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| 837 | + | 14 (d-2) Supervising officers shall schedule meetings, which |
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| 838 | + | 15 are required under paragraph (3) of subsection (a) of Section |
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| 839 | + | 16 3-3-7 as a condition of parole or mandatory supervised |
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| 840 | + | 17 release, at such times and locations that take into |
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| 841 | + | 18 consideration the medical needs, caregiving obligations, and |
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| 842 | + | 19 work schedule of a parolee or releasee. |
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| 843 | + | 20 (d-3) To comply with the provisions of subsection (d-2), |
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| 844 | + | 21 in lieu of requiring the parolee or releasee to appear in |
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| 845 | + | 22 person for the required reporting or meetings, supervising |
---|
| 846 | + | 23 officers may utilize technology, including cellular and other |
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| 847 | + | 24 electronic communication devices or platforms, that allows for |
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| 848 | + | 25 communication between the supervised individual and the |
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| 849 | + | 26 supervising officer. |
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| 850 | + | |
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| 851 | + | |
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| 852 | + | |
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| 853 | + | |
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| 854 | + | |
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| 855 | + | SB0423 Enrolled - 24 - LRB103 02875 RLC 47881 b |
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| 856 | + | |
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| 857 | + | |
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| 858 | + | SB0423 Enrolled- 25 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 25 - LRB103 02875 RLC 47881 b |
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| 859 | + | SB0423 Enrolled - 25 - LRB103 02875 RLC 47881 b |
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| 860 | + | 1 (e) Supervising officers shall receive specialized |
---|
| 861 | + | 2 training in the special needs of female releasees or parolees |
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| 862 | + | 3 including the family reunification process. |
---|
| 863 | + | 4 (f) The supervising officer shall keep such records as the |
---|
| 864 | + | 5 Prisoner Review Board or Department may require. All records |
---|
| 865 | + | 6 shall be entered in the master file of the individual. |
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| 866 | + | 7 (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; |
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| 867 | + | 8 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.) |
---|
| 868 | + | 9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
---|
| 869 | + | 10 Sec. 5-6-3. Conditions of probation and of conditional |
---|
| 870 | + | 11 discharge. |
---|
| 871 | + | 12 (a) The conditions of probation and of conditional |
---|
| 872 | + | 13 discharge shall be that the person: |
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| 873 | + | 14 (1) not violate any criminal statute of any |
---|
| 874 | + | 15 jurisdiction; |
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| 875 | + | 16 (2) report to or appear in person before such person |
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| 876 | + | 17 or agency as directed by the court. To comply with the |
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| 877 | + | 18 provisions of this paragraph (2), in lieu of requiring the |
---|
| 878 | + | 19 person on probation or conditional discharge to appear in |
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| 879 | + | 20 person for the required reporting or meetings, the officer |
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| 880 | + | 21 may utilize technology, including cellular and other |
---|
| 881 | + | 22 electronic communication devices or platforms, that allow |
---|
| 882 | + | 23 for communication between the supervised person and the |
---|
| 883 | + | 24 officer in accordance with standards and guidelines |
---|
| 884 | + | 25 established by the Administrative Office of the Illinois |
---|
| 885 | + | |
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| 886 | + | |
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| 887 | + | |
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| 888 | + | |
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| 889 | + | |
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| 890 | + | SB0423 Enrolled - 25 - LRB103 02875 RLC 47881 b |
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| 891 | + | |
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| 892 | + | |
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| 893 | + | SB0423 Enrolled- 26 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 26 - LRB103 02875 RLC 47881 b |
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| 894 | + | SB0423 Enrolled - 26 - LRB103 02875 RLC 47881 b |
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| 895 | + | 1 Courts; |
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| 896 | + | 2 (3) refrain from possessing a firearm or other |
---|
| 897 | + | 3 dangerous weapon where the offense is a felony or, if a |
---|
| 898 | + | 4 misdemeanor, the offense involved the intentional or |
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| 899 | + | 5 knowing infliction of bodily harm or threat of bodily |
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| 900 | + | 6 harm; |
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| 901 | + | 7 (4) not leave the State without the consent of the |
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| 902 | + | 8 court or, in circumstances in which the reason for the |
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| 903 | + | 9 absence is of such an emergency nature that prior consent |
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| 904 | + | 10 by the court is not possible, without the prior |
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| 905 | + | 11 notification and approval of the person's probation |
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| 906 | + | 12 officer. Transfer of a person's probation or conditional |
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| 907 | + | 13 discharge supervision to another state is subject to |
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| 908 | + | 14 acceptance by the other state pursuant to the Interstate |
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| 909 | + | 15 Compact for Adult Offender Supervision; |
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| 910 | + | 16 (5) permit the probation officer to visit him at his |
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| 911 | + | 17 home or elsewhere to the extent necessary to discharge his |
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| 912 | + | 18 duties; |
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| 913 | + | 19 (6) perform no less than 30 hours of community service |
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| 914 | + | 20 and not more than 120 hours of community service, if |
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| 915 | + | 21 community service is available in the jurisdiction and is |
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| 916 | + | 22 funded and approved by the county board where the offense |
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| 917 | + | 23 was committed, where the offense was related to or in |
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| 918 | + | 24 furtherance of the criminal activities of an organized |
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| 919 | + | 25 gang and was motivated by the offender's membership in or |
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| 920 | + | 26 allegiance to an organized gang. The community service |
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| 921 | + | |
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| 922 | + | |
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| 923 | + | |
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| 924 | + | |
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| 925 | + | |
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| 926 | + | SB0423 Enrolled - 26 - LRB103 02875 RLC 47881 b |
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| 927 | + | |
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| 928 | + | |
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| 929 | + | SB0423 Enrolled- 27 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 27 - LRB103 02875 RLC 47881 b |
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| 930 | + | SB0423 Enrolled - 27 - LRB103 02875 RLC 47881 b |
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| 931 | + | 1 shall include, but not be limited to, the cleanup and |
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| 932 | + | 2 repair of any damage caused by a violation of Section |
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| 933 | + | 3 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
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| 934 | + | 4 2012 and similar damage to property located within the |
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| 935 | + | 5 municipality or county in which the violation occurred. |
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| 936 | + | 6 When possible and reasonable, the community service should |
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| 937 | + | 7 be performed in the offender's neighborhood. For purposes |
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| 938 | + | 8 of this Section, "organized gang" has the meaning ascribed |
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| 939 | + | 9 to it in Section 10 of the Illinois Streetgang Terrorism |
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| 940 | + | 10 Omnibus Prevention Act. The court may give credit toward |
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| 941 | + | 11 the fulfillment of community service hours for |
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| 942 | + | 12 participation in activities and treatment as determined by |
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| 943 | + | 13 court services; |
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| 944 | + | 14 (7) if he or she is at least 17 years of age and has |
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| 945 | + | 15 been sentenced to probation or conditional discharge for a |
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| 946 | + | 16 misdemeanor or felony in a county of 3,000,000 or more |
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| 947 | + | 17 inhabitants and has not been previously convicted of a |
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| 948 | + | 18 misdemeanor or felony, may be required by the sentencing |
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| 949 | + | 19 court to attend educational courses designed to prepare |
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| 950 | + | 20 the defendant for a high school diploma and to work toward |
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| 951 | + | 21 a high school diploma or to work toward passing high |
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| 952 | + | 22 school equivalency testing or to work toward completing a |
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| 953 | + | 23 vocational training program approved by the court. The |
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| 954 | + | 24 person on probation or conditional discharge must attend a |
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| 955 | + | 25 public institution of education to obtain the educational |
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| 956 | + | 26 or vocational training required by this paragraph (7). The |
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| 957 | + | |
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| 958 | + | |
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| 959 | + | |
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| 960 | + | |
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| 961 | + | |
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| 962 | + | SB0423 Enrolled - 27 - LRB103 02875 RLC 47881 b |
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| 963 | + | |
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| 964 | + | |
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| 965 | + | SB0423 Enrolled- 28 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 28 - LRB103 02875 RLC 47881 b |
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| 966 | + | SB0423 Enrolled - 28 - LRB103 02875 RLC 47881 b |
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| 967 | + | 1 court shall revoke the probation or conditional discharge |
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| 968 | + | 2 of a person who willfully fails to comply with this |
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| 969 | + | 3 paragraph (7). The person on probation or conditional |
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| 970 | + | 4 discharge shall be required to pay for the cost of the |
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| 971 | + | 5 educational courses or high school equivalency testing if |
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| 972 | + | 6 a fee is charged for those courses or testing. The court |
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| 973 | + | 7 shall resentence the offender whose probation or |
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| 974 | + | 8 conditional discharge has been revoked as provided in |
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| 975 | + | 9 Section 5-6-4. This paragraph (7) does not apply to a |
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| 976 | + | 10 person who has a high school diploma or has successfully |
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| 977 | + | 11 passed high school equivalency testing. This paragraph (7) |
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| 978 | + | 12 does not apply to a person who is determined by the court |
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| 979 | + | 13 to be a person with a developmental disability or |
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| 980 | + | 14 otherwise mentally incapable of completing the educational |
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| 981 | + | 15 or vocational program; |
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| 982 | + | 16 (8) if convicted of possession of a substance |
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| 983 | + | 17 prohibited by the Cannabis Control Act, the Illinois |
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| 984 | + | 18 Controlled Substances Act, or the Methamphetamine Control |
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| 985 | + | 19 and Community Protection Act after a previous conviction |
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| 986 | + | 20 or disposition of supervision for possession of a |
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| 987 | + | 21 substance prohibited by the Cannabis Control Act or |
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| 988 | + | 22 Illinois Controlled Substances Act or after a sentence of |
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| 989 | + | 23 probation under Section 10 of the Cannabis Control Act, |
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| 990 | + | 24 Section 410 of the Illinois Controlled Substances Act, or |
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| 991 | + | 25 Section 70 of the Methamphetamine Control and Community |
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| 992 | + | 26 Protection Act and upon a finding by the court that the |
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| 993 | + | |
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| 994 | + | |
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| 995 | + | |
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| 996 | + | |
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| 997 | + | |
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| 998 | + | SB0423 Enrolled - 28 - LRB103 02875 RLC 47881 b |
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| 999 | + | |
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| 1000 | + | |
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| 1001 | + | SB0423 Enrolled- 29 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 29 - LRB103 02875 RLC 47881 b |
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| 1002 | + | SB0423 Enrolled - 29 - LRB103 02875 RLC 47881 b |
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| 1003 | + | 1 person is addicted, undergo treatment at a substance abuse |
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| 1004 | + | 2 program approved by the court; |
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| 1005 | + | 3 (8.5) if convicted of a felony sex offense as defined |
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| 1006 | + | 4 in the Sex Offender Management Board Act, the person shall |
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| 1007 | + | 5 undergo and successfully complete sex offender treatment |
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| 1008 | + | 6 by a treatment provider approved by the Board and |
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| 1009 | + | 7 conducted in conformance with the standards developed |
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| 1010 | + | 8 under the Sex Offender Management Board Act; |
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| 1011 | + | 9 (8.6) if convicted of a sex offense as defined in the |
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| 1012 | + | 10 Sex Offender Management Board Act, refrain from residing |
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| 1013 | + | 11 at the same address or in the same condominium unit or |
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| 1014 | + | 12 apartment unit or in the same condominium complex or |
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| 1015 | + | 13 apartment complex with another person he or she knows or |
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| 1016 | + | 14 reasonably should know is a convicted sex offender or has |
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| 1017 | + | 15 been placed on supervision for a sex offense; the |
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| 1018 | + | 16 provisions of this paragraph do not apply to a person |
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| 1019 | + | 17 convicted of a sex offense who is placed in a Department of |
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| 1020 | + | 18 Corrections licensed transitional housing facility for sex |
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| 1021 | + | 19 offenders; |
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| 1022 | + | 20 (8.7) if convicted for an offense committed on or |
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| 1023 | + | 21 after June 1, 2008 (the effective date of Public Act |
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| 1024 | + | 22 95-464) that would qualify the accused as a child sex |
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| 1025 | + | 23 offender as defined in Section 11-9.3 or 11-9.4 of the |
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| 1026 | + | 24 Criminal Code of 1961 or the Criminal Code of 2012, |
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| 1027 | + | 25 refrain from communicating with or contacting, by means of |
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| 1028 | + | 26 the Internet, a person who is not related to the accused |
---|
| 1029 | + | |
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| 1030 | + | |
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| 1031 | + | |
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| 1032 | + | |
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| 1033 | + | |
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| 1034 | + | SB0423 Enrolled - 29 - LRB103 02875 RLC 47881 b |
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| 1035 | + | |
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| 1036 | + | |
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| 1037 | + | SB0423 Enrolled- 30 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 30 - LRB103 02875 RLC 47881 b |
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| 1038 | + | SB0423 Enrolled - 30 - LRB103 02875 RLC 47881 b |
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| 1039 | + | 1 and whom the accused reasonably believes to be under 18 |
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| 1040 | + | 2 years of age; for purposes of this paragraph (8.7), |
---|
| 1041 | + | 3 "Internet" has the meaning ascribed to it in Section |
---|
| 1042 | + | 4 16-0.1 of the Criminal Code of 2012; and a person is not |
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| 1043 | + | 5 related to the accused if the person is not: (i) the |
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| 1044 | + | 6 spouse, brother, or sister of the accused; (ii) a |
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| 1045 | + | 7 descendant of the accused; (iii) a first or second cousin |
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| 1046 | + | 8 of the accused; or (iv) a step-child or adopted child of |
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| 1047 | + | 9 the accused; |
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| 1048 | + | 10 (8.8) if convicted for an offense under Section 11-6, |
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| 1049 | + | 11 11-9.1, 11-14.4 that involves soliciting for a juvenile |
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| 1050 | + | 12 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
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| 1051 | + | 13 of the Criminal Code of 1961 or the Criminal Code of 2012, |
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| 1052 | + | 14 or any attempt to commit any of these offenses, committed |
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| 1053 | + | 15 on or after June 1, 2009 (the effective date of Public Act |
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| 1054 | + | 16 95-983): |
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| 1055 | + | 17 (i) not access or use a computer or any other |
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| 1056 | + | 18 device with Internet capability without the prior |
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| 1057 | + | 19 written approval of the offender's probation officer, |
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| 1058 | + | 20 except in connection with the offender's employment or |
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| 1059 | + | 21 search for employment with the prior approval of the |
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| 1060 | + | 22 offender's probation officer; |
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| 1061 | + | 23 (ii) submit to periodic unannounced examinations |
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| 1062 | + | 24 of the offender's computer or any other device with |
---|
| 1063 | + | 25 Internet capability by the offender's probation |
---|
| 1064 | + | 26 officer, a law enforcement officer, or assigned |
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| 1065 | + | |
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| 1066 | + | |
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| 1067 | + | |
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| 1068 | + | |
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| 1069 | + | |
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| 1070 | + | SB0423 Enrolled - 30 - LRB103 02875 RLC 47881 b |
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| 1071 | + | |
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| 1072 | + | |
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| 1073 | + | SB0423 Enrolled- 31 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 31 - LRB103 02875 RLC 47881 b |
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| 1074 | + | SB0423 Enrolled - 31 - LRB103 02875 RLC 47881 b |
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| 1075 | + | 1 computer or information technology specialist, |
---|
| 1076 | + | 2 including the retrieval and copying of all data from |
---|
| 1077 | + | 3 the computer or device and any internal or external |
---|
| 1078 | + | 4 peripherals and removal of such information, |
---|
| 1079 | + | 5 equipment, or device to conduct a more thorough |
---|
| 1080 | + | 6 inspection; |
---|
| 1081 | + | 7 (iii) submit to the installation on the offender's |
---|
| 1082 | + | 8 computer or device with Internet capability, at the |
---|
| 1083 | + | 9 offender's expense, of one or more hardware or |
---|
| 1084 | + | 10 software systems to monitor the Internet use; and |
---|
| 1085 | + | 11 (iv) submit to any other appropriate restrictions |
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| 1086 | + | 12 concerning the offender's use of or access to a |
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| 1087 | + | 13 computer or any other device with Internet capability |
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| 1088 | + | 14 imposed by the offender's probation officer; |
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| 1089 | + | 15 (8.9) if convicted of a sex offense as defined in the |
---|
| 1090 | + | 16 Sex Offender Registration Act committed on or after |
---|
| 1091 | + | 17 January 1, 2010 (the effective date of Public Act 96-262), |
---|
| 1092 | + | 18 refrain from accessing or using a social networking |
---|
| 1093 | + | 19 website as defined in Section 17-0.5 of the Criminal Code |
---|
| 1094 | + | 20 of 2012; |
---|
| 1095 | + | 21 (9) if convicted of a felony or of any misdemeanor |
---|
| 1096 | + | 22 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
---|
| 1097 | + | 23 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
---|
| 1098 | + | 24 2012 that was determined, pursuant to Section 112A-11.1 of |
---|
| 1099 | + | 25 the Code of Criminal Procedure of 1963, to trigger the |
---|
| 1100 | + | 26 prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
---|
| 1101 | + | |
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| 1102 | + | |
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| 1103 | + | |
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| 1104 | + | |
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| 1105 | + | |
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| 1106 | + | SB0423 Enrolled - 31 - LRB103 02875 RLC 47881 b |
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| 1107 | + | |
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| 1108 | + | |
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| 1109 | + | SB0423 Enrolled- 32 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 32 - LRB103 02875 RLC 47881 b |
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| 1110 | + | SB0423 Enrolled - 32 - LRB103 02875 RLC 47881 b |
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| 1111 | + | 1 at a time and place designated by the court, his or her |
---|
| 1112 | + | 2 Firearm Owner's Identification Card and any and all |
---|
| 1113 | + | 3 firearms in his or her possession. The Court shall return |
---|
| 1114 | + | 4 to the Illinois State Police Firearm Owner's |
---|
| 1115 | + | 5 Identification Card Office the person's Firearm Owner's |
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| 1116 | + | 6 Identification Card; |
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| 1117 | + | 7 (10) if convicted of a sex offense as defined in |
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| 1118 | + | 8 subsection (a-5) of Section 3-1-2 of this Code, unless the |
---|
| 1119 | + | 9 offender is a parent or guardian of the person under 18 |
---|
| 1120 | + | 10 years of age present in the home and no non-familial |
---|
| 1121 | + | 11 minors are present, not participate in a holiday event |
---|
| 1122 | + | 12 involving children under 18 years of age, such as |
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| 1123 | + | 13 distributing candy or other items to children on |
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| 1124 | + | 14 Halloween, wearing a Santa Claus costume on or preceding |
---|
| 1125 | + | 15 Christmas, being employed as a department store Santa |
---|
| 1126 | + | 16 Claus, or wearing an Easter Bunny costume on or preceding |
---|
| 1127 | + | 17 Easter; |
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| 1128 | + | 18 (11) if convicted of a sex offense as defined in |
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| 1129 | + | 19 Section 2 of the Sex Offender Registration Act committed |
---|
| 1130 | + | 20 on or after January 1, 2010 (the effective date of Public |
---|
| 1131 | + | 21 Act 96-362) that requires the person to register as a sex |
---|
| 1132 | + | 22 offender under that Act, may not knowingly use any |
---|
| 1133 | + | 23 computer scrub software on any computer that the sex |
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| 1134 | + | 24 offender uses; |
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| 1135 | + | 25 (12) if convicted of a violation of the |
---|
| 1136 | + | 26 Methamphetamine Control and Community Protection Act, the |
---|
| 1137 | + | |
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| 1138 | + | |
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| 1139 | + | |
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| 1140 | + | |
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| 1141 | + | |
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| 1142 | + | SB0423 Enrolled - 32 - LRB103 02875 RLC 47881 b |
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| 1143 | + | |
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| 1144 | + | |
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| 1145 | + | SB0423 Enrolled- 33 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 33 - LRB103 02875 RLC 47881 b |
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| 1146 | + | SB0423 Enrolled - 33 - LRB103 02875 RLC 47881 b |
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| 1147 | + | 1 Methamphetamine Precursor Control Act, or a |
---|
| 1148 | + | 2 methamphetamine related offense: |
---|
| 1149 | + | 3 (A) prohibited from purchasing, possessing, or |
---|
| 1150 | + | 4 having under his or her control any product containing |
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| 1151 | + | 5 pseudoephedrine unless prescribed by a physician; and |
---|
| 1152 | + | 6 (B) prohibited from purchasing, possessing, or |
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| 1153 | + | 7 having under his or her control any product containing |
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| 1154 | + | 8 ammonium nitrate; and |
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| 1155 | + | 9 (13) if convicted of a hate crime involving the |
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| 1156 | + | 10 protected class identified in subsection (a) of Section |
---|
| 1157 | + | 11 12-7.1 of the Criminal Code of 2012 that gave rise to the |
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| 1158 | + | 12 offense the offender committed, perform public or |
---|
| 1159 | + | 13 community service of no less than 200 hours and enroll in |
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| 1160 | + | 14 an educational program discouraging hate crimes that |
---|
| 1161 | + | 15 includes racial, ethnic, and cultural sensitivity training |
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| 1162 | + | 16 ordered by the court. |
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| 1163 | + | 17 (b) The Court may in addition to other reasonable |
---|
| 1164 | + | 18 conditions relating to the nature of the offense or the |
---|
| 1165 | + | 19 rehabilitation of the defendant as determined for each |
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| 1166 | + | 20 defendant in the proper discretion of the Court require that |
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| 1167 | + | 21 the person: |
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| 1168 | + | 22 (1) serve a term of periodic imprisonment under |
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| 1169 | + | 23 Article 7 for a period not to exceed that specified in |
---|
| 1170 | + | 24 paragraph (d) of Section 5-7-1; |
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| 1171 | + | 25 (2) pay a fine and costs; |
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| 1172 | + | 26 (3) work or pursue a course of study or vocational |
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| 1173 | + | |
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| 1174 | + | |
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| 1175 | + | |
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| 1176 | + | |
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| 1177 | + | |
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| 1178 | + | SB0423 Enrolled - 33 - LRB103 02875 RLC 47881 b |
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| 1179 | + | |
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| 1180 | + | |
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| 1181 | + | SB0423 Enrolled- 34 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 34 - LRB103 02875 RLC 47881 b |
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| 1182 | + | SB0423 Enrolled - 34 - LRB103 02875 RLC 47881 b |
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| 1183 | + | 1 training; |
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| 1184 | + | 2 (4) undergo medical, psychological or psychiatric |
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| 1185 | + | 3 treatment; or treatment for drug addiction or alcoholism; |
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| 1186 | + | 4 (5) attend or reside in a facility established for the |
---|
| 1187 | + | 5 instruction or residence of defendants on probation; |
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| 1188 | + | 6 (6) support his dependents; |
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| 1189 | + | 7 (7) and in addition, if a minor: |
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| 1190 | + | 8 (i) reside with his parents or in a foster home; |
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| 1191 | + | 9 (ii) attend school; |
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| 1192 | + | 10 (iii) attend a non-residential program for youth; |
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| 1193 | + | 11 (iv) contribute to his own support at home or in a |
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| 1194 | + | 12 foster home; |
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| 1195 | + | 13 (v) with the consent of the superintendent of the |
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| 1196 | + | 14 facility, attend an educational program at a facility |
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| 1197 | + | 15 other than the school in which the offense was |
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| 1198 | + | 16 committed if he or she is convicted of a crime of |
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| 1199 | + | 17 violence as defined in Section 2 of the Crime Victims |
---|
| 1200 | + | 18 Compensation Act committed in a school, on the real |
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| 1201 | + | 19 property comprising a school, or within 1,000 feet of |
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| 1202 | + | 20 the real property comprising a school; |
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| 1203 | + | 21 (8) make restitution as provided in Section 5-5-6 of |
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| 1204 | + | 22 this Code; |
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| 1205 | + | 23 (9) perform some reasonable public or community |
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| 1206 | + | 24 service; |
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| 1207 | + | 25 (10) serve a term of home confinement. In addition to |
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| 1208 | + | 26 any other applicable condition of probation or conditional |
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| 1209 | + | |
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| 1210 | + | |
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| 1211 | + | |
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| 1212 | + | |
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| 1213 | + | |
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| 1214 | + | SB0423 Enrolled - 34 - LRB103 02875 RLC 47881 b |
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| 1215 | + | |
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| 1216 | + | |
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| 1217 | + | SB0423 Enrolled- 35 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 35 - LRB103 02875 RLC 47881 b |
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| 1218 | + | SB0423 Enrolled - 35 - LRB103 02875 RLC 47881 b |
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| 1219 | + | 1 discharge, the conditions of home confinement shall be |
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| 1220 | + | 2 that the offender: |
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| 1221 | + | 3 (i) remain within the interior premises of the |
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| 1222 | + | 4 place designated for his confinement during the hours |
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| 1223 | + | 5 designated by the court; |
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| 1224 | + | 6 (ii) admit any person or agent designated by the |
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| 1225 | + | 7 court into the offender's place of confinement at any |
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| 1226 | + | 8 time for purposes of verifying the offender's |
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| 1227 | + | 9 compliance with the conditions of his confinement; and |
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| 1228 | + | 10 (iii) if further deemed necessary by the court or |
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| 1229 | + | 11 the Probation or Court Services Department, be placed |
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| 1230 | + | 12 on an approved electronic monitoring device, subject |
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| 1231 | + | 13 to Article 8A of Chapter V; |
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| 1232 | + | 14 (iv) for persons convicted of any alcohol, |
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| 1233 | + | 15 cannabis or controlled substance violation who are |
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| 1234 | + | 16 placed on an approved monitoring device as a condition |
---|
| 1235 | + | 17 of probation or conditional discharge, the court shall |
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| 1236 | + | 18 impose a reasonable fee for each day of the use of the |
---|
| 1237 | + | 19 device, as established by the county board in |
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| 1238 | + | 20 subsection (g) of this Section, unless after |
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| 1239 | + | 21 determining the inability of the offender to pay the |
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| 1240 | + | 22 fee, the court assesses a lesser fee or no fee as the |
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| 1241 | + | 23 case may be. This fee shall be imposed in addition to |
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| 1242 | + | 24 the fees imposed under subsections (g) and (i) of this |
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| 1243 | + | 25 Section. The fee shall be collected by the clerk of the |
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| 1244 | + | 26 circuit court, except as provided in an administrative |
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| 1245 | + | |
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| 1246 | + | |
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| 1247 | + | |
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| 1248 | + | |
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| 1249 | + | |
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| 1250 | + | SB0423 Enrolled - 35 - LRB103 02875 RLC 47881 b |
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| 1251 | + | |
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| 1252 | + | |
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| 1253 | + | SB0423 Enrolled- 36 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 36 - LRB103 02875 RLC 47881 b |
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| 1254 | + | SB0423 Enrolled - 36 - LRB103 02875 RLC 47881 b |
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| 1255 | + | 1 order of the Chief Judge of the circuit court. The |
---|
| 1256 | + | 2 clerk of the circuit court shall pay all monies |
---|
| 1257 | + | 3 collected from this fee to the county treasurer for |
---|
| 1258 | + | 4 deposit in the substance abuse services fund under |
---|
| 1259 | + | 5 Section 5-1086.1 of the Counties Code, except as |
---|
| 1260 | + | 6 provided in an administrative order of the Chief Judge |
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| 1261 | + | 7 of the circuit court. |
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| 1262 | + | 8 The Chief Judge of the circuit court of the county |
---|
| 1263 | + | 9 may by administrative order establish a program for |
---|
| 1264 | + | 10 electronic monitoring of offenders, in which a vendor |
---|
| 1265 | + | 11 supplies and monitors the operation of the electronic |
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| 1266 | + | 12 monitoring device, and collects the fees on behalf of |
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| 1267 | + | 13 the county. The program shall include provisions for |
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| 1268 | + | 14 indigent offenders and the collection of unpaid fees. |
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| 1269 | + | 15 The program shall not unduly burden the offender and |
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| 1270 | + | 16 shall be subject to review by the Chief Judge. |
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| 1271 | + | 17 The Chief Judge of the circuit court may suspend |
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| 1272 | + | 18 any additional charges or fees for late payment, |
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| 1273 | + | 19 interest, or damage to any device; and |
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| 1274 | + | 20 (v) for persons convicted of offenses other than |
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| 1275 | + | 21 those referenced in clause (iv) above and who are |
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| 1276 | + | 22 placed on an approved monitoring device as a condition |
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| 1277 | + | 23 of probation or conditional discharge, the court shall |
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| 1278 | + | 24 impose a reasonable fee for each day of the use of the |
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| 1279 | + | 25 device, as established by the county board in |
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| 1280 | + | 26 subsection (g) of this Section, unless after |
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| 1281 | + | |
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| 1282 | + | |
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| 1283 | + | |
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| 1284 | + | |
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| 1285 | + | |
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| 1286 | + | SB0423 Enrolled - 36 - LRB103 02875 RLC 47881 b |
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| 1287 | + | |
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| 1288 | + | |
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| 1289 | + | SB0423 Enrolled- 37 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 37 - LRB103 02875 RLC 47881 b |
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| 1290 | + | SB0423 Enrolled - 37 - LRB103 02875 RLC 47881 b |
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| 1291 | + | 1 determining the inability of the defendant to pay the |
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| 1292 | + | 2 fee, the court assesses a lesser fee or no fee as the |
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| 1293 | + | 3 case may be. This fee shall be imposed in addition to |
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| 1294 | + | 4 the fees imposed under subsections (g) and (i) of this |
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| 1295 | + | 5 Section. The fee shall be collected by the clerk of the |
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| 1296 | + | 6 circuit court, except as provided in an administrative |
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| 1297 | + | 7 order of the Chief Judge of the circuit court. The |
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| 1298 | + | 8 clerk of the circuit court shall pay all monies |
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| 1299 | + | 9 collected from this fee to the county treasurer who |
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| 1300 | + | 10 shall use the monies collected to defray the costs of |
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| 1301 | + | 11 corrections. The county treasurer shall deposit the |
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| 1302 | + | 12 fee collected in the probation and court services |
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| 1303 | + | 13 fund. The Chief Judge of the circuit court of the |
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| 1304 | + | 14 county may by administrative order establish a program |
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| 1305 | + | 15 for electronic monitoring of offenders, in which a |
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| 1306 | + | 16 vendor supplies and monitors the operation of the |
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| 1307 | + | 17 electronic monitoring device, and collects the fees on |
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| 1308 | + | 18 behalf of the county. The program shall include |
---|
| 1309 | + | 19 provisions for indigent offenders and the collection |
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| 1310 | + | 20 of unpaid fees. The program shall not unduly burden |
---|
| 1311 | + | 21 the offender and shall be subject to review by the |
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| 1312 | + | 22 Chief Judge. |
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| 1313 | + | 23 The Chief Judge of the circuit court may suspend |
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| 1314 | + | 24 any additional charges or fees for late payment, |
---|
| 1315 | + | 25 interest, or damage to any device. |
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| 1316 | + | 26 (11) comply with the terms and conditions of an order |
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| 1317 | + | |
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| 1318 | + | |
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| 1319 | + | |
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| 1320 | + | |
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| 1321 | + | |
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| 1322 | + | SB0423 Enrolled - 37 - LRB103 02875 RLC 47881 b |
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| 1323 | + | |
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| 1324 | + | |
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| 1325 | + | SB0423 Enrolled- 38 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 38 - LRB103 02875 RLC 47881 b |
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| 1326 | + | SB0423 Enrolled - 38 - LRB103 02875 RLC 47881 b |
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| 1327 | + | 1 of protection issued by the court pursuant to the Illinois |
---|
| 1328 | + | 2 Domestic Violence Act of 1986, as now or hereafter |
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| 1329 | + | 3 amended, or an order of protection issued by the court of |
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| 1330 | + | 4 another state, tribe, or United States territory. A copy |
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| 1331 | + | 5 of the order of protection shall be transmitted to the |
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| 1332 | + | 6 probation officer or agency having responsibility for the |
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| 1333 | + | 7 case; |
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| 1334 | + | 8 (12) reimburse any "local anti-crime program" as |
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| 1335 | + | 9 defined in Section 7 of the Anti-Crime Advisory Council |
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| 1336 | + | 10 Act for any reasonable expenses incurred by the program on |
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| 1337 | + | 11 the offender's case, not to exceed the maximum amount of |
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| 1338 | + | 12 the fine authorized for the offense for which the |
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| 1339 | + | 13 defendant was sentenced; |
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| 1340 | + | 14 (13) contribute a reasonable sum of money, not to |
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| 1341 | + | 15 exceed the maximum amount of the fine authorized for the |
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| 1342 | + | 16 offense for which the defendant was sentenced, (i) to a |
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| 1343 | + | 17 "local anti-crime program", as defined in Section 7 of the |
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| 1344 | + | 18 Anti-Crime Advisory Council Act, or (ii) for offenses |
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| 1345 | + | 19 under the jurisdiction of the Department of Natural |
---|
| 1346 | + | 20 Resources, to the fund established by the Department of |
---|
| 1347 | + | 21 Natural Resources for the purchase of evidence for |
---|
| 1348 | + | 22 investigation purposes and to conduct investigations as |
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| 1349 | + | 23 outlined in Section 805-105 of the Department of Natural |
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| 1350 | + | 24 Resources (Conservation) Law; |
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| 1351 | + | 25 (14) refrain from entering into a designated |
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| 1352 | + | 26 geographic area except upon such terms as the court finds |
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| 1353 | + | |
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| 1354 | + | |
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| 1355 | + | |
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| 1356 | + | |
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| 1357 | + | |
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| 1358 | + | SB0423 Enrolled - 38 - LRB103 02875 RLC 47881 b |
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| 1359 | + | |
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| 1360 | + | |
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| 1361 | + | SB0423 Enrolled- 39 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 39 - LRB103 02875 RLC 47881 b |
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| 1362 | + | SB0423 Enrolled - 39 - LRB103 02875 RLC 47881 b |
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| 1363 | + | 1 appropriate. Such terms may include consideration of the |
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| 1364 | + | 2 purpose of the entry, the time of day, other persons |
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| 1365 | + | 3 accompanying the defendant, and advance approval by a |
---|
| 1366 | + | 4 probation officer, if the defendant has been placed on |
---|
| 1367 | + | 5 probation or advance approval by the court, if the |
---|
| 1368 | + | 6 defendant was placed on conditional discharge; |
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| 1369 | + | 7 (15) refrain from having any contact, directly or |
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| 1370 | + | 8 indirectly, with certain specified persons or particular |
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| 1371 | + | 9 types of persons, including but not limited to members of |
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| 1372 | + | 10 street gangs and drug users or dealers; |
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| 1373 | + | 11 (16) refrain from having in his or her body the |
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| 1374 | + | 12 presence of any illicit drug prohibited by the Cannabis |
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| 1375 | + | 13 Control Act, the Illinois Controlled Substances Act, or |
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| 1376 | + | 14 the Methamphetamine Control and Community Protection Act, |
---|
| 1377 | + | 15 unless prescribed by a physician, and submit samples of |
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| 1378 | + | 16 his or her blood or urine or both for tests to determine |
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| 1379 | + | 17 the presence of any illicit drug; |
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| 1380 | + | 18 (17) if convicted for an offense committed on or after |
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| 1381 | + | 19 June 1, 2008 (the effective date of Public Act 95-464) |
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| 1382 | + | 20 that would qualify the accused as a child sex offender as |
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| 1383 | + | 21 defined in Section 11-9.3 or 11-9.4 of the Criminal Code |
---|
| 1384 | + | 22 of 1961 or the Criminal Code of 2012, refrain from |
---|
| 1385 | + | 23 communicating with or contacting, by means of the |
---|
| 1386 | + | 24 Internet, a person who is related to the accused and whom |
---|
| 1387 | + | 25 the accused reasonably believes to be under 18 years of |
---|
| 1388 | + | 26 age; for purposes of this paragraph (17), "Internet" has |
---|
| 1389 | + | |
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| 1390 | + | |
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| 1391 | + | |
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| 1392 | + | |
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| 1393 | + | |
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| 1394 | + | SB0423 Enrolled - 39 - LRB103 02875 RLC 47881 b |
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| 1395 | + | |
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| 1396 | + | |
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| 1397 | + | SB0423 Enrolled- 40 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 40 - LRB103 02875 RLC 47881 b |
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| 1398 | + | SB0423 Enrolled - 40 - LRB103 02875 RLC 47881 b |
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| 1399 | + | 1 the meaning ascribed to it in Section 16-0.1 of the |
---|
| 1400 | + | 2 Criminal Code of 2012; and a person is related to the |
---|
| 1401 | + | 3 accused if the person is: (i) the spouse, brother, or |
---|
| 1402 | + | 4 sister of the accused; (ii) a descendant of the accused; |
---|
| 1403 | + | 5 (iii) a first or second cousin of the accused; or (iv) a |
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| 1404 | + | 6 step-child or adopted child of the accused; |
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| 1405 | + | 7 (18) if convicted for an offense committed on or after |
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| 1406 | + | 8 June 1, 2009 (the effective date of Public Act 95-983) |
---|
| 1407 | + | 9 that would qualify as a sex offense as defined in the Sex |
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| 1408 | + | 10 Offender Registration Act: |
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| 1409 | + | 11 (i) not access or use a computer or any other |
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| 1410 | + | 12 device with Internet capability without the prior |
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| 1411 | + | 13 written approval of the offender's probation officer, |
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| 1412 | + | 14 except in connection with the offender's employment or |
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| 1413 | + | 15 search for employment with the prior approval of the |
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| 1414 | + | 16 offender's probation officer; |
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| 1415 | + | 17 (ii) submit to periodic unannounced examinations |
---|
| 1416 | + | 18 of the offender's computer or any other device with |
---|
| 1417 | + | 19 Internet capability by the offender's probation |
---|
| 1418 | + | 20 officer, a law enforcement officer, or assigned |
---|
| 1419 | + | 21 computer or information technology specialist, |
---|
| 1420 | + | 22 including the retrieval and copying of all data from |
---|
| 1421 | + | 23 the computer or device and any internal or external |
---|
| 1422 | + | 24 peripherals and removal of such information, |
---|
| 1423 | + | 25 equipment, or device to conduct a more thorough |
---|
| 1424 | + | 26 inspection; |
---|
| 1425 | + | |
---|
| 1426 | + | |
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| 1427 | + | |
---|
| 1428 | + | |
---|
| 1429 | + | |
---|
| 1430 | + | SB0423 Enrolled - 40 - LRB103 02875 RLC 47881 b |
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| 1431 | + | |
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| 1432 | + | |
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| 1433 | + | SB0423 Enrolled- 41 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 41 - LRB103 02875 RLC 47881 b |
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| 1434 | + | SB0423 Enrolled - 41 - LRB103 02875 RLC 47881 b |
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| 1435 | + | 1 (iii) submit to the installation on the offender's |
---|
| 1436 | + | 2 computer or device with Internet capability, at the |
---|
| 1437 | + | 3 subject's expense, of one or more hardware or software |
---|
| 1438 | + | 4 systems to monitor the Internet use; and |
---|
| 1439 | + | 5 (iv) submit to any other appropriate restrictions |
---|
| 1440 | + | 6 concerning the offender's use of or access to a |
---|
| 1441 | + | 7 computer or any other device with Internet capability |
---|
| 1442 | + | 8 imposed by the offender's probation officer; and |
---|
| 1443 | + | 9 (19) refrain from possessing a firearm or other |
---|
| 1444 | + | 10 dangerous weapon where the offense is a misdemeanor that |
---|
| 1445 | + | 11 did not involve the intentional or knowing infliction of |
---|
| 1446 | + | 12 bodily harm or threat of bodily harm. |
---|
| 1447 | + | 13 (c) The court may as a condition of probation or of |
---|
| 1448 | + | 14 conditional discharge require that a person under 18 years of |
---|
| 1449 | + | 15 age found guilty of any alcohol, cannabis or controlled |
---|
| 1450 | + | 16 substance violation, refrain from acquiring a driver's license |
---|
| 1451 | + | 17 during the period of probation or conditional discharge. If |
---|
| 1452 | + | 18 such person is in possession of a permit or license, the court |
---|
| 1453 | + | 19 may require that the minor refrain from driving or operating |
---|
| 1454 | + | 20 any motor vehicle during the period of probation or |
---|
| 1455 | + | 21 conditional discharge, except as may be necessary in the |
---|
| 1456 | + | 22 course of the minor's lawful employment. |
---|
| 1457 | + | 23 (d) An offender sentenced to probation or to conditional |
---|
| 1458 | + | 24 discharge shall be given a certificate setting forth the |
---|
| 1459 | + | 25 conditions thereof. |
---|
| 1460 | + | 26 (e) Except where the offender has committed a fourth or |
---|
| 1461 | + | |
---|
| 1462 | + | |
---|
| 1463 | + | |
---|
| 1464 | + | |
---|
| 1465 | + | |
---|
| 1466 | + | SB0423 Enrolled - 41 - LRB103 02875 RLC 47881 b |
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| 1467 | + | |
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| 1468 | + | |
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| 1469 | + | SB0423 Enrolled- 42 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 42 - LRB103 02875 RLC 47881 b |
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| 1470 | + | SB0423 Enrolled - 42 - LRB103 02875 RLC 47881 b |
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| 1471 | + | 1 subsequent violation of subsection (c) of Section 6-303 of the |
---|
| 1472 | + | 2 Illinois Vehicle Code, the court shall not require as a |
---|
| 1473 | + | 3 condition of the sentence of probation or conditional |
---|
| 1474 | + | 4 discharge that the offender be committed to a period of |
---|
| 1475 | + | 5 imprisonment in excess of 6 months. This 6-month limit shall |
---|
| 1476 | + | 6 not include periods of confinement given pursuant to a |
---|
| 1477 | + | 7 sentence of county impact incarceration under Section 5-8-1.2. |
---|
| 1478 | + | 8 Persons committed to imprisonment as a condition of |
---|
| 1479 | + | 9 probation or conditional discharge shall not be committed to |
---|
| 1480 | + | 10 the Department of Corrections. |
---|
| 1481 | + | 11 (f) The court may combine a sentence of periodic |
---|
| 1482 | + | 12 imprisonment under Article 7 or a sentence to a county impact |
---|
| 1483 | + | 13 incarceration program under Article 8 with a sentence of |
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| 1484 | + | 14 probation or conditional discharge. |
---|
| 1485 | + | 15 (g) An offender sentenced to probation or to conditional |
---|
| 1486 | + | 16 discharge and who during the term of either undergoes |
---|
| 1487 | + | 17 mandatory drug or alcohol testing, or both, or is assigned to |
---|
| 1488 | + | 18 be placed on an approved electronic monitoring device, shall |
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| 1489 | + | 19 be ordered to pay all costs incidental to such mandatory drug |
---|
| 1490 | + | 20 or alcohol testing, or both, and all costs incidental to such |
---|
| 1491 | + | 21 approved electronic monitoring in accordance with the |
---|
| 1492 | + | 22 defendant's ability to pay those costs. The county board with |
---|
| 1493 | + | 23 the concurrence of the Chief Judge of the judicial circuit in |
---|
| 1494 | + | 24 which the county is located shall establish reasonable fees |
---|
| 1495 | + | 25 for the cost of maintenance, testing, and incidental expenses |
---|
| 1496 | + | 26 related to the mandatory drug or alcohol testing, or both, and |
---|
| 1497 | + | |
---|
| 1498 | + | |
---|
| 1499 | + | |
---|
| 1500 | + | |
---|
| 1501 | + | |
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| 1502 | + | SB0423 Enrolled - 42 - LRB103 02875 RLC 47881 b |
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| 1503 | + | |
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| 1504 | + | |
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| 1505 | + | SB0423 Enrolled- 43 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 43 - LRB103 02875 RLC 47881 b |
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| 1506 | + | SB0423 Enrolled - 43 - LRB103 02875 RLC 47881 b |
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| 1507 | + | 1 all costs incidental to approved electronic monitoring, |
---|
| 1508 | + | 2 involved in a successful probation program for the county. The |
---|
| 1509 | + | 3 concurrence of the Chief Judge shall be in the form of an |
---|
| 1510 | + | 4 administrative order. The fees shall be collected by the clerk |
---|
| 1511 | + | 5 of the circuit court, except as provided in an administrative |
---|
| 1512 | + | 6 order of the Chief Judge of the circuit court. The clerk of the |
---|
| 1513 | + | 7 circuit court shall pay all moneys collected from these fees |
---|
| 1514 | + | 8 to the county treasurer who shall use the moneys collected to |
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| 1515 | + | 9 defray the costs of drug testing, alcohol testing, and |
---|
| 1516 | + | 10 electronic monitoring. The county treasurer shall deposit the |
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| 1517 | + | 11 fees collected in the county working cash fund under Section |
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| 1518 | + | 12 6-27001 or Section 6-29002 of the Counties Code, as the case |
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| 1519 | + | 13 may be. The Chief Judge of the circuit court of the county may |
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| 1520 | + | 14 by administrative order establish a program for electronic |
---|
| 1521 | + | 15 monitoring of offenders, in which a vendor supplies and |
---|
| 1522 | + | 16 monitors the operation of the electronic monitoring device, |
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| 1523 | + | 17 and collects the fees on behalf of the county. The program |
---|
| 1524 | + | 18 shall include provisions for indigent offenders and the |
---|
| 1525 | + | 19 collection of unpaid fees. The program shall not unduly burden |
---|
| 1526 | + | 20 the offender and shall be subject to review by the Chief Judge. |
---|
| 1527 | + | 21 The Chief Judge of the circuit court may suspend any |
---|
| 1528 | + | 22 additional charges or fees for late payment, interest, or |
---|
| 1529 | + | 23 damage to any device. |
---|
| 1530 | + | 24 (h) Jurisdiction over an offender may be transferred from |
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| 1531 | + | 25 the sentencing court to the court of another circuit with the |
---|
| 1532 | + | 26 concurrence of both courts. Further transfers or retransfers |
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| 1533 | + | |
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| 1534 | + | |
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| 1535 | + | |
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| 1536 | + | |
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| 1537 | + | |
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| 1538 | + | SB0423 Enrolled - 43 - LRB103 02875 RLC 47881 b |
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| 1539 | + | |
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| 1540 | + | |
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| 1541 | + | SB0423 Enrolled- 44 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 44 - LRB103 02875 RLC 47881 b |
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| 1542 | + | SB0423 Enrolled - 44 - LRB103 02875 RLC 47881 b |
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| 1543 | + | 1 of jurisdiction are also authorized in the same manner. The |
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| 1544 | + | 2 court to which jurisdiction has been transferred shall have |
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| 1545 | + | 3 the same powers as the sentencing court. The probation |
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| 1546 | + | 4 department within the circuit to which jurisdiction has been |
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| 1547 | + | 5 transferred, or which has agreed to provide supervision, may |
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| 1548 | + | 6 impose probation fees upon receiving the transferred offender, |
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| 1549 | + | 7 as provided in subsection (i). For all transfer cases, as |
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| 1550 | + | 8 defined in Section 9b of the Probation and Probation Officers |
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| 1551 | + | 9 Act, the probation department from the original sentencing |
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| 1552 | + | 10 court shall retain all probation fees collected prior to the |
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| 1553 | + | 11 transfer. After the transfer, all probation fees shall be paid |
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| 1554 | + | 12 to the probation department within the circuit to which |
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| 1555 | + | 13 jurisdiction has been transferred. |
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| 1556 | + | 14 (i) The court shall impose upon an offender sentenced to |
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| 1557 | + | 15 probation after January 1, 1989 or to conditional discharge |
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| 1558 | + | 16 after January 1, 1992 or to community service under the |
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| 1559 | + | 17 supervision of a probation or court services department after |
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| 1560 | + | 18 January 1, 2004, as a condition of such probation or |
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| 1561 | + | 19 conditional discharge or supervised community service, a fee |
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| 1562 | + | 20 of $50 for each month of probation or conditional discharge |
---|
| 1563 | + | 21 supervision or supervised community service ordered by the |
---|
| 1564 | + | 22 court, unless after determining the inability of the person |
---|
| 1565 | + | 23 sentenced to probation or conditional discharge or supervised |
---|
| 1566 | + | 24 community service to pay the fee, the court assesses a lesser |
---|
| 1567 | + | 25 fee. The court may not impose the fee on a minor who is placed |
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| 1568 | + | 26 in the guardianship or custody of the Department of Children |
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| 1569 | + | |
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| 1570 | + | |
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| 1571 | + | |
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| 1572 | + | |
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| 1573 | + | |
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| 1574 | + | SB0423 Enrolled - 44 - LRB103 02875 RLC 47881 b |
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| 1575 | + | |
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| 1576 | + | |
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| 1577 | + | SB0423 Enrolled- 45 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 45 - LRB103 02875 RLC 47881 b |
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| 1578 | + | SB0423 Enrolled - 45 - LRB103 02875 RLC 47881 b |
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| 1579 | + | 1 and Family Services under the Juvenile Court Act of 1987 while |
---|
| 1580 | + | 2 the minor is in placement. The fee shall be imposed only upon |
---|
| 1581 | + | 3 an offender who is actively supervised by the probation and |
---|
| 1582 | + | 4 court services department. The fee shall be collected by the |
---|
| 1583 | + | 5 clerk of the circuit court. The clerk of the circuit court |
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| 1584 | + | 6 shall pay all monies collected from this fee to the county |
---|
| 1585 | + | 7 treasurer for deposit in the probation and court services fund |
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| 1586 | + | 8 under Section 15.1 of the Probation and Probation Officers |
---|
| 1587 | + | 9 Act. |
---|
| 1588 | + | 10 A circuit court may not impose a probation fee under this |
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| 1589 | + | 11 subsection (i) in excess of $25 per month unless the circuit |
---|
| 1590 | + | 12 court has adopted, by administrative order issued by the chief |
---|
| 1591 | + | 13 judge, a standard probation fee guide determining an |
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| 1592 | + | 14 offender's ability to pay. Of the amount collected as a |
---|
| 1593 | + | 15 probation fee, up to $5 of that fee collected per month may be |
---|
| 1594 | + | 16 used to provide services to crime victims and their families. |
---|
| 1595 | + | 17 The Court may only waive probation fees based on an |
---|
| 1596 | + | 18 offender's ability to pay. The probation department may |
---|
| 1597 | + | 19 re-evaluate an offender's ability to pay every 6 months, and, |
---|
| 1598 | + | 20 with the approval of the Director of Court Services or the |
---|
| 1599 | + | 21 Chief Probation Officer, adjust the monthly fee amount. An |
---|
| 1600 | + | 22 offender may elect to pay probation fees due in a lump sum. Any |
---|
| 1601 | + | 23 offender that has been assigned to the supervision of a |
---|
| 1602 | + | 24 probation department, or has been transferred either under |
---|
| 1603 | + | 25 subsection (h) of this Section or under any interstate |
---|
| 1604 | + | 26 compact, shall be required to pay probation fees to the |
---|
| 1605 | + | |
---|
| 1606 | + | |
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| 1607 | + | |
---|
| 1608 | + | |
---|
| 1609 | + | |
---|
| 1610 | + | SB0423 Enrolled - 45 - LRB103 02875 RLC 47881 b |
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| 1611 | + | |
---|
| 1612 | + | |
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| 1613 | + | SB0423 Enrolled- 46 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 46 - LRB103 02875 RLC 47881 b |
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| 1614 | + | SB0423 Enrolled - 46 - LRB103 02875 RLC 47881 b |
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| 1615 | + | 1 department supervising the offender, based on the offender's |
---|
| 1616 | + | 2 ability to pay. |
---|
| 1617 | + | 3 Public Act 93-970 deletes the $10 increase in the fee |
---|
| 1618 | + | 4 under this subsection that was imposed by Public Act 93-616. |
---|
| 1619 | + | 5 This deletion is intended to control over any other Act of the |
---|
| 1620 | + | 6 93rd General Assembly that retains or incorporates that fee |
---|
| 1621 | + | 7 increase. |
---|
| 1622 | + | 8 (i-5) In addition to the fees imposed under subsection (i) |
---|
| 1623 | + | 9 of this Section, in the case of an offender convicted of a |
---|
| 1624 | + | 10 felony sex offense (as defined in the Sex Offender Management |
---|
| 1625 | + | 11 Board Act) or an offense that the court or probation |
---|
| 1626 | + | 12 department has determined to be sexually motivated (as defined |
---|
| 1627 | + | 13 in the Sex Offender Management Board Act), the court or the |
---|
| 1628 | + | 14 probation department shall assess additional fees to pay for |
---|
| 1629 | + | 15 all costs of treatment, assessment, evaluation for risk and |
---|
| 1630 | + | 16 treatment, and monitoring the offender, based on that |
---|
| 1631 | + | 17 offender's ability to pay those costs either as they occur or |
---|
| 1632 | + | 18 under a payment plan. |
---|
| 1633 | + | 19 (j) All fines and costs imposed under this Section for any |
---|
| 1634 | + | 20 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
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| 1635 | + | 21 Code, or a similar provision of a local ordinance, and any |
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| 1636 | + | 22 violation of the Child Passenger Protection Act, or a similar |
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| 1637 | + | 23 provision of a local ordinance, shall be collected and |
---|
| 1638 | + | 24 disbursed by the circuit clerk as provided under the Criminal |
---|
| 1639 | + | 25 and Traffic Assessment Act. |
---|
| 1640 | + | 26 (k) Any offender who is sentenced to probation or |
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| 1641 | + | |
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| 1642 | + | |
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| 1643 | + | |
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| 1644 | + | |
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| 1645 | + | |
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| 1646 | + | SB0423 Enrolled - 46 - LRB103 02875 RLC 47881 b |
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| 1647 | + | |
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| 1648 | + | |
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| 1649 | + | SB0423 Enrolled- 47 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 47 - LRB103 02875 RLC 47881 b |
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| 1650 | + | SB0423 Enrolled - 47 - LRB103 02875 RLC 47881 b |
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| 1651 | + | 1 conditional discharge for a felony sex offense as defined in |
---|
| 1652 | + | 2 the Sex Offender Management Board Act or any offense that the |
---|
| 1653 | + | 3 court or probation department has determined to be sexually |
---|
| 1654 | + | 4 motivated as defined in the Sex Offender Management Board Act |
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| 1655 | + | 5 shall be required to refrain from any contact, directly or |
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| 1656 | + | 6 indirectly, with any persons specified by the court and shall |
---|
| 1657 | + | 7 be available for all evaluations and treatment programs |
---|
| 1658 | + | 8 required by the court or the probation department. |
---|
| 1659 | + | 9 (l) The court may order an offender who is sentenced to |
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| 1660 | + | 10 probation or conditional discharge for a violation of an order |
---|
| 1661 | + | 11 of protection be placed under electronic surveillance as |
---|
| 1662 | + | 12 provided in Section 5-8A-7 of this Code. |
---|
| 1663 | + | 13 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.) |
---|
| 1664 | + | 14 Section 10. The Illinois Crime Reduction Act of 2009 is |
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| 1665 | + | 15 amended by changing Section 10 as follows: |
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| 1666 | + | 16 (730 ILCS 190/10) |
---|
| 1667 | + | 17 Sec. 10. Evidence-based programming. |
---|
| 1668 | + | 18 (a) Purpose. Research and practice have identified new |
---|
| 1669 | + | 19 strategies and policies that can result in a significant |
---|
| 1670 | + | 20 reduction in recidivism rates and the successful local |
---|
| 1671 | + | 21 reintegration of offenders. The purpose of this Section is to |
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| 1672 | + | 22 ensure that State and local agencies direct their resources to |
---|
| 1673 | + | 23 services and programming that have been demonstrated to be |
---|
| 1674 | + | 24 effective in reducing recidivism and reintegrating offenders |
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| 1675 | + | |
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| 1676 | + | |
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| 1677 | + | |
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| 1678 | + | |
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| 1679 | + | |
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| 1680 | + | SB0423 Enrolled - 47 - LRB103 02875 RLC 47881 b |
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| 1681 | + | |
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| 1682 | + | |
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| 1683 | + | SB0423 Enrolled- 48 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 48 - LRB103 02875 RLC 47881 b |
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| 1684 | + | SB0423 Enrolled - 48 - LRB103 02875 RLC 47881 b |
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| 1685 | + | 1 into the locality. |
---|
| 1686 | + | 2 (b) Evidence-based programming in local supervision. |
---|
| 1687 | + | 3 (1) The Parole Division of the Department of |
---|
| 1688 | + | 4 Corrections and the Prisoner Review Board shall adopt |
---|
| 1689 | + | 5 policies, rules, and regulations that, within the first |
---|
| 1690 | + | 6 year of the adoption, validation, and utilization of the |
---|
| 1691 | + | 7 statewide, standardized risk assessment tool described in |
---|
| 1692 | + | 8 this Act, result in at least 25% of supervised individuals |
---|
| 1693 | + | 9 being supervised in accordance with evidence-based |
---|
| 1694 | + | 10 practices; within 3 years of the adoption, validation, and |
---|
| 1695 | + | 11 utilization of the statewide, standardized risk assessment |
---|
| 1696 | + | 12 tool result in at least 50% of supervised individuals |
---|
| 1697 | + | 13 being supervised in accordance with evidence-based |
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| 1698 | + | 14 practices; and within 5 years of the adoption, validation, |
---|
| 1699 | + | 15 and utilization of the statewide, standardized risk |
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| 1700 | + | 16 assessment tool result in at least 75% of supervised |
---|
| 1701 | + | 17 individuals being supervised in accordance with |
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| 1702 | + | 18 evidence-based practices. The policies, rules, and |
---|
| 1703 | + | 19 regulations shall: |
---|
| 1704 | + | 20 (A) Provide for a standardized individual case |
---|
| 1705 | + | 21 plan that follows the offender through the criminal |
---|
| 1706 | + | 22 justice system (including in-prison if the supervised |
---|
| 1707 | + | 23 individual is in prison) that is: |
---|
| 1708 | + | 24 (i) Based on the assets of the individual as |
---|
| 1709 | + | 25 well as his or her risks and needs identified |
---|
| 1710 | + | 26 through the assessment tool as described in this |
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| 1711 | + | |
---|
| 1712 | + | |
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| 1713 | + | |
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| 1714 | + | |
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| 1715 | + | |
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| 1716 | + | SB0423 Enrolled - 48 - LRB103 02875 RLC 47881 b |
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| 1717 | + | |
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| 1718 | + | |
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| 1719 | + | SB0423 Enrolled- 49 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 49 - LRB103 02875 RLC 47881 b |
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| 1720 | + | SB0423 Enrolled - 49 - LRB103 02875 RLC 47881 b |
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| 1721 | + | 1 Act. |
---|
| 1722 | + | 2 (ii) Comprised of treatment and supervision |
---|
| 1723 | + | 3 services appropriate to achieve the purpose of |
---|
| 1724 | + | 4 this Act. |
---|
| 1725 | + | 5 (iii) Consistently updated, based on program |
---|
| 1726 | + | 6 participation by the supervised individual and |
---|
| 1727 | + | 7 other behavior modification exhibited by the |
---|
| 1728 | + | 8 supervised individual. |
---|
| 1729 | + | 9 (B) Concentrate resources and services on |
---|
| 1730 | + | 10 high-risk offenders. |
---|
| 1731 | + | 11 (C) Provide for the use of evidence-based |
---|
| 1732 | + | 12 programming related to education, job training, |
---|
| 1733 | + | 13 cognitive behavioral therapy, and other programming |
---|
| 1734 | + | 14 designed to reduce criminal behavior. |
---|
| 1735 | + | 15 (D) Establish a system of graduated responses. |
---|
| 1736 | + | 16 (i) The system shall set forth a menu of |
---|
| 1737 | + | 17 presumptive responses for the most common types of |
---|
| 1738 | + | 18 supervision violations. |
---|
| 1739 | + | 19 (ii) The system shall be guided by the model |
---|
| 1740 | + | 20 list of intermediate sanctions created by the |
---|
| 1741 | + | 21 Probation Services Division of the State of |
---|
| 1742 | + | 22 Illinois pursuant to subsection (1) of Section 15 |
---|
| 1743 | + | 23 of the Probation and Probation Officers Act and |
---|
| 1744 | + | 24 the system of intermediate sanctions created by |
---|
| 1745 | + | 25 the Chief Judge of each circuit court pursuant to |
---|
| 1746 | + | 26 Section 5-6-1 of the Unified Code of Corrections. |
---|
| 1747 | + | |
---|
| 1748 | + | |
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| 1749 | + | |
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| 1750 | + | |
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| 1751 | + | |
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| 1752 | + | SB0423 Enrolled - 49 - LRB103 02875 RLC 47881 b |
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| 1753 | + | |
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| 1754 | + | |
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| 1755 | + | SB0423 Enrolled- 50 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 50 - LRB103 02875 RLC 47881 b |
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| 1756 | + | SB0423 Enrolled - 50 - LRB103 02875 RLC 47881 b |
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| 1757 | + | 1 (iii) The system of responses shall take into |
---|
| 1758 | + | 2 account factors such as the severity of the |
---|
| 1759 | + | 3 current violation; the supervised individual's |
---|
| 1760 | + | 4 risk level as determined by a validated assessment |
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| 1761 | + | 5 tool described in this Act; the supervised |
---|
| 1762 | + | 6 individual's assets; his or her previous criminal |
---|
| 1763 | + | 7 record; and the number and severity of any |
---|
| 1764 | + | 8 previous supervision violations. |
---|
| 1765 | + | 9 (iv) The system shall also define positive |
---|
| 1766 | + | 10 reinforcements that supervised individuals may |
---|
| 1767 | + | 11 receive for compliance with conditions of |
---|
| 1768 | + | 12 supervision. |
---|
| 1769 | + | 13 (v) Response to violations should be swift and |
---|
| 1770 | + | 14 certain and should be imposed as soon as |
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| 1771 | + | 15 practicable but no longer than 3 working days of |
---|
| 1772 | + | 16 detection of the violation behavior. |
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| 1773 | + | 17 (vi) The system of graduated responses shall |
---|
| 1774 | + | 18 be published on the Department of Corrections |
---|
| 1775 | + | 19 website for public view. |
---|
| 1776 | + | 20 (2) Conditions of local supervision (probation and |
---|
| 1777 | + | 21 mandatory supervised release). Conditions of local |
---|
| 1778 | + | 22 supervision whether imposed by a sentencing judge or the |
---|
| 1779 | + | 23 Prisoner Review Board shall be imposed in accordance with |
---|
| 1780 | + | 24 the offender's risks, assets, and needs as identified |
---|
| 1781 | + | 25 through the assessment tool described in this Act. |
---|
| 1782 | + | 26 (3) The Department of Corrections and the Prisoner |
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| 1783 | + | |
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| 1784 | + | |
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| 1785 | + | |
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| 1786 | + | |
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| 1787 | + | |
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| 1788 | + | SB0423 Enrolled - 50 - LRB103 02875 RLC 47881 b |
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| 1789 | + | |
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| 1790 | + | |
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| 1791 | + | SB0423 Enrolled- 51 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 51 - LRB103 02875 RLC 47881 b |
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| 1792 | + | SB0423 Enrolled - 51 - LRB103 02875 RLC 47881 b |
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| 1793 | + | 1 Review Board shall annually publish an exemplar copy of |
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| 1794 | + | 2 any evidence-based assessments, questionnaires, or other |
---|
| 1795 | + | 3 instruments used to set conditions of release. |
---|
| 1796 | + | 4 (c) Evidence-based in-prison programming. |
---|
| 1797 | + | 5 (1) The Department of Corrections shall adopt |
---|
| 1798 | + | 6 policies, rules, and regulations that, within the first |
---|
| 1799 | + | 7 year of the adoption, validation, and utilization of the |
---|
| 1800 | + | 8 statewide, standardized risk assessment tool described in |
---|
| 1801 | + | 9 this Act, result in at least 25% of incarcerated |
---|
| 1802 | + | 10 individuals receiving services and programming in |
---|
| 1803 | + | 11 accordance with evidence-based practices; within 3 years |
---|
| 1804 | + | 12 of the adoption, validation, and utilization of the |
---|
| 1805 | + | 13 statewide, standardized risk assessment tool result in at |
---|
| 1806 | + | 14 least 50% of incarcerated individuals receiving services |
---|
| 1807 | + | 15 and programming in accordance with evidence-based |
---|
| 1808 | + | 16 practices; and within 5 years of the adoption, validation, |
---|
| 1809 | + | 17 and utilization of the statewide, standardized risk |
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| 1810 | + | 18 assessment tool result in at least 75% of incarcerated |
---|
| 1811 | + | 19 individuals receiving services and programming in |
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| 1812 | + | 20 accordance with evidence-based practices. The policies, |
---|
| 1813 | + | 21 rules, and regulations shall: |
---|
| 1814 | + | 22 (A) Provide for the use and development of a case |
---|
| 1815 | + | 23 plan based on the risks, assets, and needs identified |
---|
| 1816 | + | 24 through the assessment tool as described in this Act. |
---|
| 1817 | + | 25 The case plan should be used to determine in-prison |
---|
| 1818 | + | 26 programming; should be continuously updated based on |
---|
| 1819 | + | |
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| 1820 | + | |
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| 1821 | + | |
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| 1822 | + | |
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| 1823 | + | |
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| 1824 | + | SB0423 Enrolled - 51 - LRB103 02875 RLC 47881 b |
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| 1825 | + | |
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| 1826 | + | |
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| 1827 | + | SB0423 Enrolled- 52 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 52 - LRB103 02875 RLC 47881 b |
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| 1828 | + | SB0423 Enrolled - 52 - LRB103 02875 RLC 47881 b |
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| 1829 | + | 1 program participation by the prisoner and other |
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| 1830 | + | 2 behavior modification exhibited by the prisoner; and |
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| 1831 | + | 3 should be used when creating the case plan described |
---|
| 1832 | + | 4 in subsection (b). |
---|
| 1833 | + | 5 (B) Provide for the use of evidence-based |
---|
| 1834 | + | 6 programming related to education, job training, |
---|
| 1835 | + | 7 cognitive behavioral therapy and other evidence-based |
---|
| 1836 | + | 8 programming. |
---|
| 1837 | + | 9 (C) Establish education programs based on a |
---|
| 1838 | + | 10 teacher to student ratio of no more than 1:30. |
---|
| 1839 | + | 11 (D) Expand the use of drug prisons, modeled after |
---|
| 1840 | + | 12 the Sheridan Correctional Center, to provide |
---|
| 1841 | + | 13 sufficient drug treatment and other support services |
---|
| 1842 | + | 14 to non-violent inmates with a history of substance |
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| 1843 | + | 15 abuse. |
---|
| 1844 | + | 16 (2) Participation and completion of programming by |
---|
| 1845 | + | 17 prisoners can impact earned time credit as determined |
---|
| 1846 | + | 18 under Section 3-6-3 of the Unified Code of Corrections. |
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| 1847 | + | 19 (3) The Department of Corrections shall provide its |
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| 1848 | + | 20 employees with intensive and ongoing training and |
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| 1849 | + | 21 professional development services to support the |
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| 1850 | + | 22 implementation of evidence-based practices. The training |
---|
| 1851 | + | 23 and professional development services shall include |
---|
| 1852 | + | 24 assessment techniques, case planning, cognitive behavioral |
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| 1853 | + | 25 training, risk reduction and intervention strategies, |
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| 1854 | + | 26 effective communication skills, substance abuse treatment |
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| 1855 | + | |
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| 1856 | + | |
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| 1857 | + | |
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| 1858 | + | |
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| 1859 | + | |
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| 1860 | + | SB0423 Enrolled - 52 - LRB103 02875 RLC 47881 b |
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| 1861 | + | |
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| 1862 | + | |
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| 1863 | + | SB0423 Enrolled- 53 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 53 - LRB103 02875 RLC 47881 b |
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| 1864 | + | SB0423 Enrolled - 53 - LRB103 02875 RLC 47881 b |
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| 1865 | + | 1 education and other topics identified by the Department or |
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| 1866 | + | 2 its employees. |
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| 1867 | + | 3 (d) The Parole Division of the Department of Corrections |
---|
| 1868 | + | 4 and the Prisoner Review Board shall provide their employees |
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| 1869 | + | 5 with intensive and ongoing training and professional |
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| 1870 | + | 6 development services to support the implementation of |
---|
| 1871 | + | 7 evidence-based practices. The training and professional |
---|
| 1872 | + | 8 development services shall include assessment techniques, case |
---|
| 1873 | + | 9 planning, cognitive behavioral training, risk reduction and |
---|
| 1874 | + | 10 intervention strategies, effective communication skills, |
---|
| 1875 | + | 11 substance abuse treatment education, and other topics |
---|
| 1876 | + | 12 identified by the agencies or their employees. |
---|
| 1877 | + | 13 (e) The Department of Corrections, the Prisoner Review |
---|
| 1878 | + | 14 Board, and other correctional entities referenced in the |
---|
| 1879 | + | 15 policies, rules, and regulations of this Act shall design, |
---|
| 1880 | + | 16 implement, and make public a system to evaluate the |
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| 1881 | + | 17 effectiveness of evidence-based practices in increasing public |
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| 1882 | + | 18 safety and in successful reintegration of those under |
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| 1883 | + | 19 supervision into the locality. Annually, each agency shall |
---|
| 1884 | + | 20 submit to the Sentencing Policy Advisory Council a |
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| 1885 | + | 21 comprehensive report on the success of implementing |
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| 1886 | + | 22 evidence-based practices. The data compiled and analyzed by |
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| 1887 | + | 23 the Council shall be delivered annually to the Governor and |
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| 1888 | + | 24 the General Assembly. |
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| 1889 | + | 25 (f) The Department of Corrections and the Prisoner Review |
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| 1890 | + | 26 Board shall release a report annually published on their |
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| 1891 | + | |
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| 1892 | + | |
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| 1893 | + | |
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| 1894 | + | |
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| 1895 | + | |
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| 1896 | + | SB0423 Enrolled - 53 - LRB103 02875 RLC 47881 b |
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| 1897 | + | |
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| 1898 | + | |
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| 1899 | + | SB0423 Enrolled- 54 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 54 - LRB103 02875 RLC 47881 b |
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| 1900 | + | SB0423 Enrolled - 54 - LRB103 02875 RLC 47881 b |
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| 1901 | + | 1 websites that reports the following information about the |
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| 1902 | + | 2 usage of electronic monitoring and GPS monitoring as a |
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| 1903 | + | 3 condition of parole and mandatory supervised release during |
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| 1904 | + | 4 the prior calendar year: |
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| 1905 | + | 5 (1) demographic data of individuals on electronic |
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| 1906 | + | 6 monitoring and GPS monitoring, separated by the following |
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| 1907 | + | 7 categories: |
---|
| 1908 | + | 8 (A) race or ethnicity; |
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| 1909 | + | 9 (B) gender; and |
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| 1910 | + | 10 (C) age; |
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| 1911 | + | 11 (2) incarceration data of individuals subject to |
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| 1912 | + | 12 conditions of electronic or GPS monitoring, separated by |
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| 1913 | + | 13 the following categories: |
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| 1914 | + | 14 (A) highest class of offense for which the |
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| 1915 | + | 15 individuals are currently serving a term of release; |
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| 1916 | + | 16 and |
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| 1917 | + | 17 (B) length of imprisonment served prior to the |
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| 1918 | + | 18 current release period; |
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| 1919 | + | 19 (3) the number of individuals subject to conditions of |
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| 1920 | + | 20 electronic or GPS monitoring, separated by the following |
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| 1921 | + | 21 categories: |
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| 1922 | + | 22 (A) the number of individuals subject to |
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| 1923 | + | 23 monitoring under Section 5-8A-6 of the Unified Code of |
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| 1924 | + | 24 Corrections; |
---|
| 1925 | + | 25 (B) the number of individuals subject monitoring |
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| 1926 | + | 26 under Section 5-8A-7 of the Unified Code of |
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| 1927 | + | |
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| 1928 | + | |
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| 1929 | + | |
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| 1930 | + | |
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| 1931 | + | |
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| 1932 | + | SB0423 Enrolled - 54 - LRB103 02875 RLC 47881 b |
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| 1933 | + | |
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| 1934 | + | |
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| 1935 | + | SB0423 Enrolled- 55 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 55 - LRB103 02875 RLC 47881 b |
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| 1936 | + | SB0423 Enrolled - 55 - LRB103 02875 RLC 47881 b |
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| 1937 | + | 1 Corrections; |
---|
| 1938 | + | 2 (C) the number of individuals subject to |
---|
| 1939 | + | 3 monitoring under a discretionary order of the Prisoner |
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| 1940 | + | 4 Review Board at the time of their release; and |
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| 1941 | + | 5 (D) the number of individuals subject to |
---|
| 1942 | + | 6 monitoring as a sanction for violations of parole or |
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| 1943 | + | 7 mandatory supervised release, separated by the |
---|
| 1944 | + | 8 following categories: |
---|
| 1945 | + | 9 (i) the number of individuals subject to |
---|
| 1946 | + | 10 monitoring as part of a graduated sanctions |
---|
| 1947 | + | 11 program; and |
---|
| 1948 | + | 12 (ii) the number of individuals subject to |
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| 1949 | + | 13 monitoring as a new condition of re-release after |
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| 1950 | + | 14 a revocation hearing before the Prisoner Review |
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| 1951 | + | 15 Board; |
---|
| 1952 | + | 16 (4) the number of discretionary monitoring orders |
---|
| 1953 | + | 17 issued by the Prisoner Review Board, separated by the |
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| 1954 | + | 18 following categories: |
---|
| 1955 | + | 19 (A) less than 30 days; |
---|
| 1956 | + | 20 (B) 31 to 60 days; |
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| 1957 | + | 21 (C) 61 to 90 days; |
---|
| 1958 | + | 22 (D) 91 to 120 days; |
---|
| 1959 | + | 23 (E) 121 to 150 days; |
---|
| 1960 | + | 24 (F) 151 to 180 days; |
---|
| 1961 | + | 25 (G) 181 to 364 days; |
---|
| 1962 | + | 26 (H) 365 days or more; and |
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| 1963 | + | |
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| 1964 | + | |
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| 1965 | + | |
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| 1966 | + | |
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| 1967 | + | |
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| 1968 | + | SB0423 Enrolled - 55 - LRB103 02875 RLC 47881 b |
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| 1969 | + | |
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| 1970 | + | |
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| 1971 | + | SB0423 Enrolled- 56 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 56 - LRB103 02875 RLC 47881 b |
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| 1972 | + | SB0423 Enrolled - 56 - LRB103 02875 RLC 47881 b |
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| 1973 | + | 1 (I) duration of release term; |
---|
| 1974 | + | 2 (5) the number of discretionary monitoring orders by |
---|
| 1975 | + | 3 the Board which removed or terminated monitoring prior to |
---|
| 1976 | + | 4 the completion of the original period ordered; |
---|
| 1977 | + | 5 (6) the number and severity category for sanctions |
---|
| 1978 | + | 6 imposed on individuals on electronic or GPS monitoring, |
---|
| 1979 | + | 7 separated by the following categories: |
---|
| 1980 | + | 8 (A) absconding from electronic monitoring or GPS; |
---|
| 1981 | + | 9 (B) tampering or removing the electronic |
---|
| 1982 | + | 10 monitoring or GPS device; |
---|
| 1983 | + | 11 (C) unauthorized leaving of the residence; |
---|
| 1984 | + | 12 (D) presence of the individual in a prohibited |
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| 1985 | + | 13 area; or |
---|
| 1986 | + | 14 (E) other violations of the terms of the |
---|
| 1987 | + | 15 electronic monitoring program; |
---|
| 1988 | + | 16 (7) the number of individuals for whom a parole |
---|
| 1989 | + | 17 revocation case was filed for failure to comply with the |
---|
| 1990 | + | 18 terms of electronic or GPS monitoring, separated by the |
---|
| 1991 | + | 19 following categories: |
---|
| 1992 | + | 20 (A) cases when failure to comply with the terms of |
---|
| 1993 | + | 21 monitoring was the sole violation alleged; and |
---|
| 1994 | + | 22 (B) cases when failure to comply with the terms of |
---|
| 1995 | + | 23 monitoring was alleged in conjunction with other |
---|
| 1996 | + | 24 alleged violations; |
---|
| 1997 | + | 25 (8) residential data for individuals subject to |
---|
| 1998 | + | 26 electronic or GPS monitoring, separated by the following |
---|
| 1999 | + | |
---|
| 2000 | + | |
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| 2001 | + | |
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| 2002 | + | |
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| 2003 | + | |
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| 2004 | + | SB0423 Enrolled - 56 - LRB103 02875 RLC 47881 b |
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| 2005 | + | |
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| 2006 | + | |
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| 2007 | + | SB0423 Enrolled- 57 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 57 - LRB103 02875 RLC 47881 b |
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| 2008 | + | SB0423 Enrolled - 57 - LRB103 02875 RLC 47881 b |
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| 2009 | + | 1 categories: |
---|
| 2010 | + | 2 (A) the county of the residence address for |
---|
| 2011 | + | 3 individuals subject to electronic or GPS monitoring as |
---|
| 2012 | + | 4 a condition of their release; and |
---|
| 2013 | + | 5 (B) for counties with a population over 3,000,000, |
---|
| 2014 | + | 6 the zip codes of the residence address for individuals |
---|
| 2015 | + | 7 subject to electronic or GPS monitoring as a condition |
---|
| 2016 | + | 8 of their release; |
---|
| 2017 | + | 9 (9) the number of individuals for whom parole |
---|
| 2018 | + | 10 revocation cases were filed due to violations of paragraph |
---|
| 2019 | + | 11 (1) of subsection (a) of Section 3-3-7 of the Unified Code |
---|
| 2020 | + | 12 of Corrections, separated by the following categories: |
---|
| 2021 | + | 13 (A) the number of individuals whose violation of |
---|
| 2022 | + | 14 paragraph (1) of subsection (a) of Section 3-3-7 of |
---|
| 2023 | + | 15 the Unified Code of Corrections allegedly occurred |
---|
| 2024 | + | 16 while the individual was subject to conditions of |
---|
| 2025 | + | 17 electronic or GPS monitoring; |
---|
| 2026 | + | 18 (B) the number of individuals who had violations |
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| 2027 | + | 19 of paragraph (1) of subsection (a) of Section 3-3-7 of |
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| 2028 | + | 20 the Unified Code of Corrections alleged against them |
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| 2029 | + | 21 who were never subject to electronic or GPS monitoring |
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| 2030 | + | 22 during their current term of release; and |
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| 2031 | + | 23 (C) the number of individuals who had violations |
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| 2032 | + | 24 of paragraph (1) of subsection (a) of Section 3-3-7 of |
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| 2033 | + | 25 the Unified Code of Corrections alleged against them |
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| 2034 | + | 26 who were subject to electronic or GPS monitoring for |
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| 2035 | + | |
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| 2036 | + | |
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| 2037 | + | |
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| 2038 | + | |
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| 2039 | + | |
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| 2040 | + | SB0423 Enrolled - 57 - LRB103 02875 RLC 47881 b |
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| 2041 | + | |
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| 2042 | + | |
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| 2043 | + | SB0423 Enrolled- 58 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 58 - LRB103 02875 RLC 47881 b |
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| 2044 | + | SB0423 Enrolled - 58 - LRB103 02875 RLC 47881 b |
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| 2045 | + | |
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| 2046 | + | |
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| 2047 | + | |
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| 2048 | + | |
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| 2049 | + | |
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| 2050 | + | SB0423 Enrolled - 58 - LRB103 02875 RLC 47881 b |
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