Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0423 Compare Versions

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1-Public Act 103-0271
21 SB0423 EnrolledLRB103 02875 RLC 47881 b SB0423 Enrolled LRB103 02875 RLC 47881 b
32 SB0423 Enrolled LRB103 02875 RLC 47881 b
4-AN ACT concerning criminal law.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Unified Code of Corrections is amended by
8-changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows:
9-(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
10-Sec. 3-3-7. Conditions of parole or mandatory supervised
11-release.
12-(a) The conditions of parole or mandatory supervised
13-release shall be such as the Prisoner Review Board deems
14-necessary to assist the subject in leading a law-abiding life.
15-The conditions of every parole and mandatory supervised
16-release are that the subject:
17-(1) not violate any criminal statute of any
18-jurisdiction during the parole or release term;
19-(2) refrain from possessing a firearm or other
20-dangerous weapon;
21-(3) report to an agent of the Department of
22-Corrections;
23-(4) permit the agent to visit him or her at his or her
24-home, employment, or elsewhere to the extent necessary for
25-the agent to discharge his or her duties;
26-(5) attend or reside in a facility established for the
3+1 AN ACT concerning criminal law.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Unified Code of Corrections is amended by
7+5 changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows:
8+6 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
9+7 Sec. 3-3-7. Conditions of parole or mandatory supervised
10+8 release.
11+9 (a) The conditions of parole or mandatory supervised
12+10 release shall be such as the Prisoner Review Board deems
13+11 necessary to assist the subject in leading a law-abiding life.
14+12 The conditions of every parole and mandatory supervised
15+13 release are that the subject:
16+14 (1) not violate any criminal statute of any
17+15 jurisdiction during the parole or release term;
18+16 (2) refrain from possessing a firearm or other
19+17 dangerous weapon;
20+18 (3) report to an agent of the Department of
21+19 Corrections;
22+20 (4) permit the agent to visit him or her at his or her
23+21 home, employment, or elsewhere to the extent necessary for
24+22 the agent to discharge his or her duties;
25+23 (5) attend or reside in a facility established for the
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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
33+ SB0423 Enrolled - 2 - LRB103 02875 RLC 47881 b
34+1 instruction or residence of persons on parole or mandatory
35+2 supervised release;
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
66+
67+
68+SB0423 Enrolled- 3 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 3 - LRB103 02875 RLC 47881 b
69+ SB0423 Enrolled - 3 - LRB103 02875 RLC 47881 b
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
102+
103+
104+SB0423 Enrolled- 4 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 4 - LRB103 02875 RLC 47881 b
105+ SB0423 Enrolled - 4 - LRB103 02875 RLC 47881 b
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+
136+
137+ SB0423 Enrolled - 4 - LRB103 02875 RLC 47881 b
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139+
140+SB0423 Enrolled- 5 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 5 - LRB103 02875 RLC 47881 b
141+ SB0423 Enrolled - 5 - LRB103 02875 RLC 47881 b
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
146+5 prescription drugs for erectile dysfunction;
147+6 (7.11) if convicted for an offense under Section 11-6,
148+7 11-9.1, 11-14.4 that involves soliciting for a juvenile
149+8 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
150+9 of the Criminal Code of 1961 or the Criminal Code of 2012,
151+10 or any attempt to commit any of these offenses, committed
152+11 on or after June 1, 2009 (the effective date of Public Act
153+12 95-983):
154+13 (i) not access or use a computer or any other
155+14 device with Internet capability without the prior
156+15 written approval of the Department;
157+16 (ii) submit to periodic unannounced examinations
158+17 of the offender's computer or any other device with
159+18 Internet capability by the offender's supervising
160+19 agent, a law enforcement officer, or assigned computer
161+20 or information technology specialist, including the
162+21 retrieval and copying of all data from the computer or
163+22 device and any internal or external peripherals and
164+23 removal of such information, equipment, or device to
165+24 conduct a more thorough inspection;
166+25 (iii) submit to the installation on the offender's
167+26 computer or device with Internet capability, at the
168+
169+
170+
171+
172+
173+ SB0423 Enrolled - 5 - LRB103 02875 RLC 47881 b
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175+
176+SB0423 Enrolled- 6 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 6 - LRB103 02875 RLC 47881 b
177+ SB0423 Enrolled - 6 - LRB103 02875 RLC 47881 b
178+1 offender's expense, of one or more hardware or
179+2 software systems to monitor the Internet use; and
180+3 (iv) submit to any other appropriate restrictions
181+4 concerning the offender's use of or access to a
182+5 computer or any other device with Internet capability
183+6 imposed by the Board, the Department or the offender's
184+7 supervising agent;
185+8 (7.12) if convicted of a sex offense as defined in the
186+9 Sex Offender Registration Act committed on or after
187+10 January 1, 2010 (the effective date of Public Act 96-262),
188+11 refrain from accessing or using a social networking
189+12 website as defined in Section 17-0.5 of the Criminal Code
190+13 of 2012;
191+14 (7.13) if convicted of a sex offense as defined in
192+15 Section 2 of the Sex Offender Registration Act committed
193+16 on or after January 1, 2010 (the effective date of Public
194+17 Act 96-362) that requires the person to register as a sex
195+18 offender under that Act, may not knowingly use any
196+19 computer scrub software on any computer that the sex
197+20 offender uses;
198+21 (8) obtain permission of an agent of the Department of
199+22 Corrections before leaving the State of Illinois;
200+23 (9) obtain permission of an agent of the Department of
201+24 Corrections before changing his or her residence or
202+25 employment;
203+26 (10) consent to a search of his or her person,
204+
205+
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207+
208+
209+ SB0423 Enrolled - 6 - LRB103 02875 RLC 47881 b
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212+SB0423 Enrolled- 7 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 7 - LRB103 02875 RLC 47881 b
213+ SB0423 Enrolled - 7 - LRB103 02875 RLC 47881 b
214+1 property, or residence under his or her control;
215+2 (11) refrain from the use or possession of narcotics
216+3 or other controlled substances in any form, or both, or
217+4 any paraphernalia related to those substances and submit
218+5 to a urinalysis test as instructed by a parole agent of the
219+6 Department of Corrections if there is reasonable suspicion
220+7 of illicit drug use and the source of the reasonable
221+8 suspicion is documented in the Department's case
222+9 management system;
223+10 (12) not knowingly frequent places where controlled
224+11 substances are illegally sold, used, distributed, or
225+12 administered;
226+13 (13) except when the association described in either
227+14 subparagraph (A) or (B) of this paragraph (13) involves
228+15 activities related to community programs, worship
229+16 services, volunteering, engaging families, or some other
230+17 pro-social activity in which there is no evidence of
231+18 criminal intent:
232+19 (A) not knowingly associate with other persons on
233+20 parole or mandatory supervised release without prior
234+21 written permission of his or her parole agent; or
235+22 (B) not knowingly associate with persons who are
236+23 members of an organized gang as that term is defined in
237+24 the Illinois Streetgang Terrorism Omnibus Prevention
238+25 Act;
239+26 (14) provide true and accurate information, as it
240+
241+
242+
243+
244+
245+ SB0423 Enrolled - 7 - LRB103 02875 RLC 47881 b
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247+
248+SB0423 Enrolled- 8 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 8 - LRB103 02875 RLC 47881 b
249+ SB0423 Enrolled - 8 - LRB103 02875 RLC 47881 b
250+1 relates to his or her adjustment in the community while on
251+2 parole or mandatory supervised release or to his or her
252+3 conduct while incarcerated, in response to inquiries by
253+4 his or her parole agent or of the Department of
254+5 Corrections;
255+6 (15) follow any specific instructions provided by the
256+7 parole agent that are consistent with furthering
257+8 conditions set and approved by the Prisoner Review Board
258+9 or by law, exclusive of placement on electronic detention,
259+10 to achieve the goals and objectives of his or her parole or
260+11 mandatory supervised release or to protect the public.
261+12 These instructions by the parole agent may be modified at
262+13 any time, as the agent deems appropriate;
263+14 (16) if convicted of a sex offense as defined in
264+15 subsection (a-5) of Section 3-1-2 of this Code, unless the
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
268+19 involving children under 18 years of age, such as
269+20 distributing candy or other items to children on
270+21 Halloween, wearing a Santa Claus costume on or preceding
271+22 Christmas, being employed as a department store Santa
272+23 Claus, or wearing an Easter Bunny costume on or preceding
273+24 Easter;
274+25 (17) if convicted of a violation of an order of
275+26 protection under Section 12-3.4 or Section 12-30 of the
276+
277+
278+
279+
280+
281+ SB0423 Enrolled - 8 - LRB103 02875 RLC 47881 b
282+
283+
284+SB0423 Enrolled- 9 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 9 - LRB103 02875 RLC 47881 b
285+ SB0423 Enrolled - 9 - LRB103 02875 RLC 47881 b
286+1 Criminal Code of 1961 or the Criminal Code of 2012, be
287+2 placed under electronic surveillance as provided in
288+3 Section 5-8A-7 of this Code;
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
292+7 court of another state, tribe, or United States territory;
293+8 a no contact order issued pursuant to the Civil No Contact
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
297+12 Methamphetamine Control and Community Protection Act, the
298+13 Methamphetamine Precursor Control Act, or a
299+14 methamphetamine related offense, be:
300+15 (A) prohibited from purchasing, possessing, or
301+16 having under his or her control any product containing
302+17 pseudoephedrine unless prescribed by a physician; and
303+18 (B) prohibited from purchasing, possessing, or
304+19 having under his or her control any product containing
305+20 ammonium nitrate;
306+21 (20) if convicted of a hate crime under Section 12-7.1
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
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
312+
313+
314+
315+
316+
317+ SB0423 Enrolled - 9 - LRB103 02875 RLC 47881 b
318+
319+
320+SB0423 Enrolled- 10 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 10 - LRB103 02875 RLC 47881 b
321+ SB0423 Enrolled - 10 - LRB103 02875 RLC 47881 b
322+1 offense the offender committed ordered by the court; and
323+2 (21) be evaluated by the Department of Corrections
324+3 prior to release using a validated risk assessment and be
325+4 subject to a corresponding level of supervision. In
326+5 accordance with the findings of that evaluation:
327+6 (A) All subjects found to be at a moderate or high
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,
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
342+21 not occur unless it is required by law or expressly
343+22 ordered or approved by the Prisoner Review Board.
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
348+
349+
350+
351+
352+
353+ SB0423 Enrolled - 10 - LRB103 02875 RLC 47881 b
354+
355+
356+SB0423 Enrolled- 11 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 11 - LRB103 02875 RLC 47881 b
357+ SB0423 Enrolled - 11 - LRB103 02875 RLC 47881 b
358+1 felony as defined in Section 2-8 of the Criminal Code
359+2 of 2012, any felony that requires registration as a
360+3 sex offender under the Sex Offender Registration Act,
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
363+6 Controlled Substances Act, or the Methamphetamine
364+7 Control and Community Protection Act. Low level
365+8 supervision shall require the subject to check in with
366+9 the supervising officer via phone or other electronic
367+10 means. Notwithstanding this placement on low level
368+11 supervision, placement of the subject on electronic
369+12 monitoring or detention shall not occur unless it is
370+13 required by law or expressly ordered or approved by
371+14 the Prisoner Review Board.
372+15 (b) The Board may after making an individualized
373+16 assessment pursuant to subsection (a) of Section 3-14-2 in
374+17 addition to other conditions require that the subject:
375+18 (1) work or pursue a course of study or vocational
376+19 training;
377+20 (2) undergo medical or psychiatric treatment, or
378+21 treatment for drug addiction or alcoholism;
379+22 (3) attend or reside in a facility established for the
380+23 instruction or residence of persons on probation or
381+24 parole;
382+25 (4) support his or her dependents;
383+26 (5) (blank);
384+
385+
386+
387+
388+
389+ SB0423 Enrolled - 11 - LRB103 02875 RLC 47881 b
390+
391+
392+SB0423 Enrolled- 12 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 12 - LRB103 02875 RLC 47881 b
393+ SB0423 Enrolled - 12 - LRB103 02875 RLC 47881 b
394+1 (6) (blank);
395+2 (7) (blank);
396+3 (7.5) if convicted for an offense committed on or
397+4 after the effective date of this amendatory Act of the
398+5 95th General Assembly that would qualify the accused as a
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,
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
406+13 Criminal Code of 2012; and a person is related to the
407+14 accused if the person is: (i) the spouse, brother, or
408+15 sister of the accused; (ii) a descendant of the accused;
409+16 (iii) a first or second cousin of the accused; or (iv) a
410+17 step-child or adopted child of the accused;
411+18 (7.6) if convicted for an offense committed on or
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
414+21 the Sex Offender Registration Act:
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
419+26 of the offender's computer or any other device with
420+
421+
422+
423+
424+
425+ SB0423 Enrolled - 12 - LRB103 02875 RLC 47881 b
426+
427+
428+SB0423 Enrolled- 13 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 13 - LRB103 02875 RLC 47881 b
429+ SB0423 Enrolled - 13 - LRB103 02875 RLC 47881 b
430+1 Internet capability by the offender's supervising
431+2 agent, a law enforcement officer, or assigned computer
432+3 or information technology specialist, including the
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
436+7 conduct a more thorough inspection;
437+8 (iii) submit to the installation on the offender's
438+9 computer or device with Internet capability, at the
439+10 offender's expense, of one or more hardware or
440+11 software systems to monitor the Internet use; and
441+12 (iv) submit to any other appropriate restrictions
442+13 concerning the offender's use of or access to a
443+14 computer or any other device with Internet capability
444+15 imposed by the Board, the Department or the offender's
445+16 supervising agent; and
446+17 (8) (blank). in addition, if a minor:
447+18 (i) reside with his or her parents or in a foster
448+19 home;
449+20 (ii) attend school;
450+21 (iii) attend a non-residential program for youth;
451+22 or
452+23 (iv) contribute to his or her own support at home
453+24 or in a foster home.
454+25 (b-1) In addition to the conditions set forth in
455+26 subsections (a) and (b), persons required to register as sex
456+
457+
458+
459+
460+
461+ SB0423 Enrolled - 13 - LRB103 02875 RLC 47881 b
462+
463+
464+SB0423 Enrolled- 14 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 14 - LRB103 02875 RLC 47881 b
465+ SB0423 Enrolled - 14 - LRB103 02875 RLC 47881 b
466+1 offenders pursuant to the Sex Offender Registration Act, upon
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
474+9 Registration Act;
475+10 (3) notify third parties of the risks that may be
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
479+14 course of study or vocational training and notify the
480+15 Department prior to any change in employment, study, or
481+16 training;
482+17 (5) not be employed or participate in any volunteer
483+18 activity that involves contact with children, except under
484+19 circumstances approved in advance and in writing by an
485+20 agent of the Department of Corrections;
486+21 (6) be electronically monitored for a minimum of 12
487+22 months from the date of release as determined by the
488+23 Board;
489+24 (7) refrain from entering into a designated geographic
490+25 area except upon terms approved in advance by an agent of
491+26 the Department of Corrections. The terms may include
492+
493+
494+
495+
496+
497+ SB0423 Enrolled - 14 - LRB103 02875 RLC 47881 b
498+
499+
500+SB0423 Enrolled- 15 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 15 - LRB103 02875 RLC 47881 b
501+ SB0423 Enrolled - 15 - LRB103 02875 RLC 47881 b
502+1 consideration of the purpose of the entry, the time of
503+2 day, and others accompanying the person;
504+3 (8) refrain from having any contact, including written
505+4 or oral communications, directly or indirectly, personally
506+5 or by telephone, letter, or through a third party with
507+6 certain specified persons including, but not limited to,
508+7 the victim or the victim's family without the prior
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
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,
522+21 or electronic media, or any matter obtained through access
523+22 to any computer or material linked to computer access use;
524+23 (11) not patronize any business providing sexually
525+24 stimulating or sexually oriented entertainment nor utilize
526+25 "900" or adult telephone numbers;
527+26 (12) not reside near, visit, or be in or about parks,
528+
529+
530+
531+
532+
533+ SB0423 Enrolled - 15 - LRB103 02875 RLC 47881 b
534+
535+
536+SB0423 Enrolled- 16 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 16 - LRB103 02875 RLC 47881 b
537+ SB0423 Enrolled - 16 - LRB103 02875 RLC 47881 b
538+1 schools, day care centers, swimming pools, beaches,
539+2 theaters, or any other places where minor children
540+3 congregate without advance approval of an agent of the
541+4 Department of Corrections and immediately report any
542+5 incidental contact with minor children to the Department;
543+6 (13) not possess or have under his or her control
544+7 certain specified items of contraband related to the
545+8 incidence of sexually offending as determined by an agent
546+9 of the Department of Corrections;
547+10 (14) may be required to provide a written daily log of
548+11 activities if directed by an agent of the Department of
549+12 Corrections;
550+13 (15) comply with all other special conditions that the
551+14 Department may impose that restrict the person from
552+15 high-risk situations and limit access to potential
553+16 victims;
554+17 (16) take an annual polygraph exam;
555+18 (17) maintain a log of his or her travel; or
556+19 (18) obtain prior approval of his or her parole
557+20 officer before driving alone in a motor vehicle.
558+21 (c) The conditions under which the parole or mandatory
559+22 supervised release is to be served shall be communicated to
560+23 the person in writing prior to his or her release, and he or
561+24 she shall sign the same before release. A signed copy of these
562+25 conditions, including a copy of an order of protection where
563+26 one had been issued by the criminal court, shall be retained by
564+
565+
566+
567+
568+
569+ SB0423 Enrolled - 16 - LRB103 02875 RLC 47881 b
570+
571+
572+SB0423 Enrolled- 17 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 17 - LRB103 02875 RLC 47881 b
573+ SB0423 Enrolled - 17 - LRB103 02875 RLC 47881 b
574+1 the person and another copy forwarded to the officer in charge
575+2 of his or her supervision.
576+3 (d) After a hearing under Section 3-3-9, the Prisoner
577+4 Review Board may modify or enlarge the conditions of parole or
578+5 mandatory supervised release.
579+6 (e) The Department shall inform all offenders committed to
580+7 the Department of the optional services available to them upon
581+8 release and shall assist inmates in availing themselves of
582+9 such optional services upon their release on a voluntary
583+10 basis.
584+11 (f) (Blank).
585+12 (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
586+13 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
587+14 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
588+15 Sec. 3-3-8. Length of parole and mandatory supervised
589+16 release; discharge.
590+17 (a) The length of parole for a person sentenced under the
591+18 law in effect prior to the effective date of this amendatory
592+19 Act of 1977 and the length of mandatory supervised release for
593+20 those sentenced under the law in effect on and after such
594+21 effective date shall be as set out in Section 5-8-1 unless
595+22 sooner terminated under paragraph (b) of this Section.
596+23 (b) The Prisoner Review Board may enter an order releasing
597+24 and discharging one from parole or mandatory supervised
598+25 release, and his or her commitment to the Department, when it
599+
600+
601+
602+
603+
604+ SB0423 Enrolled - 17 - LRB103 02875 RLC 47881 b
605+
606+
607+SB0423 Enrolled- 18 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 18 - LRB103 02875 RLC 47881 b
608+ SB0423 Enrolled - 18 - LRB103 02875 RLC 47881 b
609+1 determines that he or she is likely to remain at liberty
610+2 without committing another offense.
611+3 (b-1) Provided that the subject is in compliance with the
612+4 terms and conditions of his or her parole or mandatory
613+5 supervised release, the Prisoner Review Board shall may reduce
614+6 the period of a parolee or releasee's parole or mandatory
615+7 supervised release by 90 days upon the parolee or releasee
616+8 receiving a high school diploma, associate's degree,
617+9 bachelor's degree, career certificate, or vocational technical
618+10 certification or upon passage of high school equivalency
619+11 testing during the period of his or her parole or mandatory
620+12 supervised release. A parolee or releasee shall provide
621+13 documentation from the educational institution or the source
622+14 of the qualifying educational or vocational credential to
623+15 their supervising officer for verification. Each This
624+16 reduction in the period of a subject's term of parole or
625+17 mandatory supervised release shall be available only to
626+18 subjects who have not previously earned the relevant
627+19 credential for which they are receiving the reduction a high
628+20 school diploma or who have not previously passed high school
629+21 equivalency testing. As used in this Section, "career
630+22 certificate" means a certificate awarded by an institution for
631+23 satisfactory completion of a prescribed curriculum that is
632+24 intended to prepare an individual for employment in a specific
633+25 field.
634+26 (b-2) The Prisoner Review Board may release a low-risk and
635+
636+
637+
638+
639+
640+ SB0423 Enrolled - 18 - LRB103 02875 RLC 47881 b
641+
642+
643+SB0423 Enrolled- 19 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 19 - LRB103 02875 RLC 47881 b
644+ SB0423 Enrolled - 19 - LRB103 02875 RLC 47881 b
645+1 need subject person from mandatory supervised release as
646+2 determined by an appropriate evidence-based risk and need
647+3 assessment.
648+4 (c) The order of discharge shall become effective upon
649+5 entry of the order of the Board. The Board shall notify the
650+6 clerk of the committing court of the order. Upon receipt of
651+7 such copy, the clerk shall make an entry on the record judgment
652+8 that the sentence or commitment has been satisfied pursuant to
653+9 the order.
654+10 (d) Rights of the person discharged under this Section
655+11 shall be restored under Section 5-5-5.
656+12 (e) Upon a denial of early discharge under this Section,
657+13 the Prisoner Review Board shall provide the person on parole
658+14 or mandatory supervised release a list of steps or
659+15 requirements that the person must complete or meet to be
660+16 granted an early discharge at a subsequent review and share
661+17 the process for seeking a subsequent early discharge review
662+18 under this subsection. Upon the completion of such steps or
663+19 requirements, the person on parole or mandatory supervised
664+20 release may petition the Prisoner Review Board to grant them
665+21 an early discharge review. Within no more than 30 days of a
666+22 petition under this subsection, the Prisoner Review Board
667+23 shall review the petition and make a determination.
668+24 (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3,
669+25 eff. 1-1-18.)
670+
671+
672+
673+
674+
675+ SB0423 Enrolled - 19 - LRB103 02875 RLC 47881 b
676+
677+
678+SB0423 Enrolled- 20 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 20 - LRB103 02875 RLC 47881 b
679+ SB0423 Enrolled - 20 - LRB103 02875 RLC 47881 b
680+1 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
681+2 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
682+3 Release and Release by Statute.
683+4 (a) The Department shall retain custody of all persons
684+5 placed on parole or mandatory supervised release or released
685+6 pursuant to Section 3-3-10 of this Code and shall supervise
686+7 such persons during their parole or release period in accord
687+8 with the conditions set by the Prisoner Review Board. When
688+9 setting conditions, the Prisoner Review Board shall make an
689+10 individualized assessment as to what conditions are
690+11 appropriate based on the risk and needs assessment, program
691+12 participation and completion, assignment history while
692+13 incarcerated, and behavior history during the period of the
693+14 incarceration and involve only such deprivations of liberty or
694+15 property as are reasonably necessary to protect the public
695+16 from the person's conduct in the underlying conviction or
696+17 violation. In determining conditions, the Prisoner Review
697+18 Board shall also consider the reasonableness of imposing
698+19 additional conditions on the person and the extent to which
699+20 the conditions impact the person's work, education, community
700+21 service, financial, and family caregiving obligations. Such
701+22 conditions shall include referral to an alcohol or drug abuse
702+23 treatment program, as appropriate, if such person has
703+24 previously been identified as having an alcohol or drug abuse
704+25 problem. Such conditions may include that the person use an
705+26 approved electronic monitoring device subject to Article 8A of
706+
707+
708+
709+
710+
711+ SB0423 Enrolled - 20 - LRB103 02875 RLC 47881 b
712+
713+
714+SB0423 Enrolled- 21 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 21 - LRB103 02875 RLC 47881 b
715+ SB0423 Enrolled - 21 - LRB103 02875 RLC 47881 b
716+1 Chapter V.
717+2 (b) The Department shall assign personnel to assist
718+3 persons eligible for parole in preparing a parole plan. Such
719+4 Department personnel shall make a report of their efforts and
720+5 findings to the Prisoner Review Board prior to its
721+6 consideration of the case of such eligible person.
722+7 (c) A copy of the conditions of his parole or release shall
723+8 be signed by the parolee or releasee and given to him and to
724+9 his supervising officer who shall report on his progress under
725+10 the rules and regulations of the Prisoner Review Board. The
726+11 supervising officer shall report violations to the Prisoner
727+12 Review Board and shall have the full power of peace officers in
728+13 the arrest and retaking of any parolees or releasees or the
729+14 officer may request the Department to issue a warrant for the
730+15 arrest of any parolee or releasee who has allegedly violated
731+16 his parole or release conditions.
732+17 (c-1) The supervising officer shall request the Department
733+18 to issue a parole violation warrant, and the Department shall
734+19 issue a parole violation warrant, under the following
735+20 circumstances:
736+21 (1) if the parolee or releasee commits an act that
737+22 constitutes a felony using a firearm or knife,
738+23 (2) if applicable, fails to comply with the
739+24 requirements of the Sex Offender Registration Act,
740+25 (3) if the parolee or releasee is charged with:
741+26 (A) a felony offense of domestic battery under
742+
743+
744+
745+
746+
747+ SB0423 Enrolled - 21 - LRB103 02875 RLC 47881 b
748+
749+
750+SB0423 Enrolled- 22 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 22 - LRB103 02875 RLC 47881 b
751+ SB0423 Enrolled - 22 - LRB103 02875 RLC 47881 b
752+1 Section 12-3.2 of the Criminal Code of 1961 or the
753+2 Criminal Code of 2012,
754+3 (B) aggravated domestic battery under Section
755+4 12-3.3 of the Criminal Code of 1961 or the Criminal
756+5 Code of 2012,
757+6 (C) stalking under Section 12-7.3 of the Criminal
758+7 Code of 1961 or the Criminal Code of 2012,
759+8 (D) aggravated stalking under Section 12-7.4 of
760+9 the Criminal Code of 1961 or the Criminal Code of 2012,
761+10 (E) violation of an order of protection under
762+11 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
763+12 the Criminal Code of 2012, or
764+13 (F) any offense that would require registration as
765+14 a sex offender under the Sex Offender Registration
766+15 Act, or
767+16 (4) if the parolee or releasee is on parole or
768+17 mandatory supervised release for a murder, a Class X
769+18 felony or a Class 1 felony violation of the Criminal Code
770+19 of 1961 or the Criminal Code of 2012, or any felony that
771+20 requires registration as a sex offender under the Sex
772+21 Offender Registration Act and commits an act that
773+22 constitutes first degree murder, a Class X felony, a Class
774+23 1 felony, a Class 2 felony, or a Class 3 felony.
775+24 A sheriff or other peace officer may detain an alleged
776+25 parole or release violator until a warrant for his return to
777+26 the Department can be issued. The parolee or releasee may be
778+
779+
780+
781+
782+
783+ SB0423 Enrolled - 22 - LRB103 02875 RLC 47881 b
784+
785+
786+SB0423 Enrolled- 23 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 23 - LRB103 02875 RLC 47881 b
787+ SB0423 Enrolled - 23 - LRB103 02875 RLC 47881 b
788+1 delivered to any secure place until he can be transported to
789+2 the Department. The officer or the Department shall file a
790+3 violation report with notice of charges with the Prisoner
791+4 Review Board.
792+5 (d) The supervising officer shall regularly advise and
793+6 consult with the parolee or releasee, assist him in adjusting
794+7 to community life, inform him of the restoration of his rights
795+8 on successful completion of sentence under Section 5-5-5, and
796+9 provide the parolee or releasee with an electronic copy of the
797+10 Department of Corrections system of graduated responses as set
798+11 forth under subparagraph (D) of paragraph (1) of subsection
799+12 (b) of Section 10 of the Illinois Crime Reduction Act of 2009
800+13 and any sanctions matrix based on that system. If the parolee
801+14 or releasee has been convicted of a sex offense as defined in
802+15 the Sex Offender Management Board Act, the supervising officer
803+16 shall periodically, but not less than once a month, verify
804+17 that the parolee or releasee is in compliance with paragraph
805+18 (7.6) of subsection (a) of Section 3-3-7.
806+19 (d-1) At least once every 6 months, the supervising
807+20 officer of a parolee or releasee shall review the case of the
808+21 parolee or releasee to assess the parolee's or releasee's
809+22 progress and suitability for early discharge under subsection
810+23 (b) of Section 3-3-8 and provide a recommendation for either
811+24 early discharge or the continuation of parole or mandatory
812+25 supervised release as previously ordered. The recommendation
813+26 and the rationale for the recommendation shall be noted in the
814+
815+
816+
817+
818+
819+ SB0423 Enrolled - 23 - LRB103 02875 RLC 47881 b
820+
821+
822+SB0423 Enrolled- 24 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 24 - LRB103 02875 RLC 47881 b
823+ SB0423 Enrolled - 24 - LRB103 02875 RLC 47881 b
824+1 Department's case management system. Within 30 days of
825+2 receiving the supervising officer's recommendation, the
826+3 Department shall provide a copy of the final recommendation,
827+4 in writing or electronically, to the Prisoner Review Board and
828+5 to the parolee or releasee. If an early discharge
829+6 recommendation was not provided, the supervising officer shall
830+7 share the list of steps or requirements that the person must
831+8 complete or meet to be granted an early discharge
832+9 recommendation at a subsequent review under agency guidelines.
833+10 The Department shall develop guidelines and policies to
834+11 support the regular review of parolees and releasees for early
835+12 discharge consideration and the timely notification of the
836+13 Prisoner Review Board when early discharge is recommended.
837+14 (d-2) Supervising officers shall schedule meetings, which
838+15 are required under paragraph (3) of subsection (a) of Section
839+16 3-3-7 as a condition of parole or mandatory supervised
840+17 release, at such times and locations that take into
841+18 consideration the medical needs, caregiving obligations, and
842+19 work schedule of a parolee or releasee.
843+20 (d-3) To comply with the provisions of subsection (d-2),
844+21 in lieu of requiring the parolee or releasee to appear in
845+22 person for the required reporting or meetings, supervising
846+23 officers may utilize technology, including cellular and other
847+24 electronic communication devices or platforms, that allows for
848+25 communication between the supervised individual and the
849+26 supervising officer.
850+
851+
852+
853+
854+
855+ SB0423 Enrolled - 24 - LRB103 02875 RLC 47881 b
856+
857+
858+SB0423 Enrolled- 25 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 25 - LRB103 02875 RLC 47881 b
859+ SB0423 Enrolled - 25 - LRB103 02875 RLC 47881 b
860+1 (e) Supervising officers shall receive specialized
861+2 training in the special needs of female releasees or parolees
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.
866+7 (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
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:
873+14 (1) not violate any criminal statute of any
874+15 jurisdiction;
875+16 (2) report to or appear in person before such person
876+17 or agency as directed by the court. To comply with the
877+18 provisions of this paragraph (2), in lieu of requiring the
878+19 person on probation or conditional discharge to appear in
879+20 person for the required reporting or meetings, the officer
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+
886+
887+
888+
889+
890+ SB0423 Enrolled - 25 - LRB103 02875 RLC 47881 b
891+
892+
893+SB0423 Enrolled- 26 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 26 - LRB103 02875 RLC 47881 b
894+ SB0423 Enrolled - 26 - LRB103 02875 RLC 47881 b
895+1 Courts;
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
899+5 knowing infliction of bodily harm or threat of bodily
900+6 harm;
901+7 (4) not leave the State without the consent of the
902+8 court or, in circumstances in which the reason for the
903+9 absence is of such an emergency nature that prior consent
904+10 by the court is not possible, without the prior
905+11 notification and approval of the person's probation
906+12 officer. Transfer of a person's probation or conditional
907+13 discharge supervision to another state is subject to
908+14 acceptance by the other state pursuant to the Interstate
909+15 Compact for Adult Offender Supervision;
910+16 (5) permit the probation officer to visit him at his
911+17 home or elsewhere to the extent necessary to discharge his
912+18 duties;
913+19 (6) perform no less than 30 hours of community service
914+20 and not more than 120 hours of community service, if
915+21 community service is available in the jurisdiction and is
916+22 funded and approved by the county board where the offense
917+23 was committed, where the offense was related to or in
918+24 furtherance of the criminal activities of an organized
919+25 gang and was motivated by the offender's membership in or
920+26 allegiance to an organized gang. The community service
921+
922+
923+
924+
925+
926+ SB0423 Enrolled - 26 - LRB103 02875 RLC 47881 b
927+
928+
929+SB0423 Enrolled- 27 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 27 - LRB103 02875 RLC 47881 b
930+ SB0423 Enrolled - 27 - LRB103 02875 RLC 47881 b
931+1 shall include, but not be limited to, the cleanup and
932+2 repair of any damage caused by a violation of Section
933+3 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
934+4 2012 and similar damage to property located within the
935+5 municipality or county in which the violation occurred.
936+6 When possible and reasonable, the community service should
937+7 be performed in the offender's neighborhood. For purposes
938+8 of this Section, "organized gang" has the meaning ascribed
939+9 to it in Section 10 of the Illinois Streetgang Terrorism
940+10 Omnibus Prevention Act. The court may give credit toward
941+11 the fulfillment of community service hours for
942+12 participation in activities and treatment as determined by
943+13 court services;
944+14 (7) if he or she is at least 17 years of age and has
945+15 been sentenced to probation or conditional discharge for a
946+16 misdemeanor or felony in a county of 3,000,000 or more
947+17 inhabitants and has not been previously convicted of a
948+18 misdemeanor or felony, may be required by the sentencing
949+19 court to attend educational courses designed to prepare
950+20 the defendant for a high school diploma and to work toward
951+21 a high school diploma or to work toward passing high
952+22 school equivalency testing or to work toward completing a
953+23 vocational training program approved by the court. The
954+24 person on probation or conditional discharge must attend a
955+25 public institution of education to obtain the educational
956+26 or vocational training required by this paragraph (7). The
957+
958+
959+
960+
961+
962+ SB0423 Enrolled - 27 - LRB103 02875 RLC 47881 b
963+
964+
965+SB0423 Enrolled- 28 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 28 - LRB103 02875 RLC 47881 b
966+ SB0423 Enrolled - 28 - LRB103 02875 RLC 47881 b
967+1 court shall revoke the probation or conditional discharge
968+2 of a person who willfully fails to comply with this
969+3 paragraph (7). The person on probation or conditional
970+4 discharge shall be required to pay for the cost of the
971+5 educational courses or high school equivalency testing if
972+6 a fee is charged for those courses or testing. The court
973+7 shall resentence the offender whose probation or
974+8 conditional discharge has been revoked as provided in
975+9 Section 5-6-4. This paragraph (7) does not apply to a
976+10 person who has a high school diploma or has successfully
977+11 passed high school equivalency testing. This paragraph (7)
978+12 does not apply to a person who is determined by the court
979+13 to be a person with a developmental disability or
980+14 otherwise mentally incapable of completing the educational
981+15 or vocational program;
982+16 (8) if convicted of possession of a substance
983+17 prohibited by the Cannabis Control Act, the Illinois
984+18 Controlled Substances Act, or the Methamphetamine Control
985+19 and Community Protection Act after a previous conviction
986+20 or disposition of supervision for possession of a
987+21 substance prohibited by the Cannabis Control Act or
988+22 Illinois Controlled Substances Act or after a sentence of
989+23 probation under Section 10 of the Cannabis Control Act,
990+24 Section 410 of the Illinois Controlled Substances Act, or
991+25 Section 70 of the Methamphetamine Control and Community
992+26 Protection Act and upon a finding by the court that the
993+
994+
995+
996+
997+
998+ SB0423 Enrolled - 28 - LRB103 02875 RLC 47881 b
999+
1000+
1001+SB0423 Enrolled- 29 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 29 - LRB103 02875 RLC 47881 b
1002+ SB0423 Enrolled - 29 - LRB103 02875 RLC 47881 b
1003+1 person is addicted, undergo treatment at a substance abuse
1004+2 program approved by the court;
1005+3 (8.5) if convicted of a felony sex offense as defined
1006+4 in the Sex Offender Management Board Act, the person shall
1007+5 undergo and successfully complete sex offender treatment
1008+6 by a treatment provider approved by the Board and
1009+7 conducted in conformance with the standards developed
1010+8 under the Sex Offender Management Board Act;
1011+9 (8.6) if convicted of a sex offense as defined in the
1012+10 Sex Offender Management Board Act, refrain from residing
1013+11 at the same address or in the same condominium unit or
1014+12 apartment unit or in the same condominium complex or
1015+13 apartment complex with another person he or she knows or
1016+14 reasonably should know is a convicted sex offender or has
1017+15 been placed on supervision for a sex offense; the
1018+16 provisions of this paragraph do not apply to a person
1019+17 convicted of a sex offense who is placed in a Department of
1020+18 Corrections licensed transitional housing facility for sex
1021+19 offenders;
1022+20 (8.7) if convicted for an offense committed on or
1023+21 after June 1, 2008 (the effective date of Public Act
1024+22 95-464) that would qualify the accused as a child sex
1025+23 offender as defined in Section 11-9.3 or 11-9.4 of the
1026+24 Criminal Code of 1961 or the Criminal Code of 2012,
1027+25 refrain from communicating with or contacting, by means of
1028+26 the Internet, a person who is not related to the accused
1029+
1030+
1031+
1032+
1033+
1034+ SB0423 Enrolled - 29 - LRB103 02875 RLC 47881 b
1035+
1036+
1037+SB0423 Enrolled- 30 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 30 - LRB103 02875 RLC 47881 b
1038+ SB0423 Enrolled - 30 - LRB103 02875 RLC 47881 b
1039+1 and whom the accused reasonably believes to be under 18
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
1043+5 related to the accused if the person is not: (i) the
1044+6 spouse, brother, or sister of the accused; (ii) a
1045+7 descendant of the accused; (iii) a first or second cousin
1046+8 of the accused; or (iv) a step-child or adopted child of
1047+9 the accused;
1048+10 (8.8) if convicted for an offense under Section 11-6,
1049+11 11-9.1, 11-14.4 that involves soliciting for a juvenile
1050+12 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
1051+13 of the Criminal Code of 1961 or the Criminal Code of 2012,
1052+14 or any attempt to commit any of these offenses, committed
1053+15 on or after June 1, 2009 (the effective date of Public Act
1054+16 95-983):
1055+17 (i) not access or use a computer or any other
1056+18 device with Internet capability without the prior
1057+19 written approval of the offender's probation officer,
1058+20 except in connection with the offender's employment or
1059+21 search for employment with the prior approval of the
1060+22 offender's probation officer;
1061+23 (ii) submit to periodic unannounced examinations
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
1065+
1066+
1067+
1068+
1069+
1070+ SB0423 Enrolled - 30 - LRB103 02875 RLC 47881 b
1071+
1072+
1073+SB0423 Enrolled- 31 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 31 - LRB103 02875 RLC 47881 b
1074+ SB0423 Enrolled - 31 - LRB103 02875 RLC 47881 b
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
1086+12 concerning the offender's use of or access to a
1087+13 computer or any other device with Internet capability
1088+14 imposed by the offender's probation officer;
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+
1102+
1103+
1104+
1105+
1106+ SB0423 Enrolled - 31 - LRB103 02875 RLC 47881 b
1107+
1108+
1109+SB0423 Enrolled- 32 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 32 - LRB103 02875 RLC 47881 b
1110+ SB0423 Enrolled - 32 - LRB103 02875 RLC 47881 b
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
1116+6 Identification Card;
1117+7 (10) if convicted of a sex offense as defined in
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
1123+13 distributing candy or other items to children on
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;
1128+18 (11) if convicted of a sex offense as defined in
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
1134+24 offender uses;
1135+25 (12) if convicted of a violation of the
1136+26 Methamphetamine Control and Community Protection Act, the
1137+
1138+
1139+
1140+
1141+
1142+ SB0423 Enrolled - 32 - LRB103 02875 RLC 47881 b
1143+
1144+
1145+SB0423 Enrolled- 33 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 33 - LRB103 02875 RLC 47881 b
1146+ SB0423 Enrolled - 33 - LRB103 02875 RLC 47881 b
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
1151+5 pseudoephedrine unless prescribed by a physician; and
1152+6 (B) prohibited from purchasing, possessing, or
1153+7 having under his or her control any product containing
1154+8 ammonium nitrate; and
1155+9 (13) if convicted of a hate crime involving the
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
1158+12 offense the offender committed, perform public or
1159+13 community service of no less than 200 hours and enroll in
1160+14 an educational program discouraging hate crimes that
1161+15 includes racial, ethnic, and cultural sensitivity training
1162+16 ordered by the court.
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
1166+20 defendant in the proper discretion of the Court require that
1167+21 the person:
1168+22 (1) serve a term of periodic imprisonment under
1169+23 Article 7 for a period not to exceed that specified in
1170+24 paragraph (d) of Section 5-7-1;
1171+25 (2) pay a fine and costs;
1172+26 (3) work or pursue a course of study or vocational
1173+
1174+
1175+
1176+
1177+
1178+ SB0423 Enrolled - 33 - LRB103 02875 RLC 47881 b
1179+
1180+
1181+SB0423 Enrolled- 34 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 34 - LRB103 02875 RLC 47881 b
1182+ SB0423 Enrolled - 34 - LRB103 02875 RLC 47881 b
1183+1 training;
1184+2 (4) undergo medical, psychological or psychiatric
1185+3 treatment; or treatment for drug addiction or alcoholism;
1186+4 (5) attend or reside in a facility established for the
1187+5 instruction or residence of defendants on probation;
1188+6 (6) support his dependents;
1189+7 (7) and in addition, if a minor:
1190+8 (i) reside with his parents or in a foster home;
1191+9 (ii) attend school;
1192+10 (iii) attend a non-residential program for youth;
1193+11 (iv) contribute to his own support at home or in a
1194+12 foster home;
1195+13 (v) with the consent of the superintendent of the
1196+14 facility, attend an educational program at a facility
1197+15 other than the school in which the offense was
1198+16 committed if he or she is convicted of a crime of
1199+17 violence as defined in Section 2 of the Crime Victims
1200+18 Compensation Act committed in a school, on the real
1201+19 property comprising a school, or within 1,000 feet of
1202+20 the real property comprising a school;
1203+21 (8) make restitution as provided in Section 5-5-6 of
1204+22 this Code;
1205+23 (9) perform some reasonable public or community
1206+24 service;
1207+25 (10) serve a term of home confinement. In addition to
1208+26 any other applicable condition of probation or conditional
1209+
1210+
1211+
1212+
1213+
1214+ SB0423 Enrolled - 34 - LRB103 02875 RLC 47881 b
1215+
1216+
1217+SB0423 Enrolled- 35 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 35 - LRB103 02875 RLC 47881 b
1218+ SB0423 Enrolled - 35 - LRB103 02875 RLC 47881 b
1219+1 discharge, the conditions of home confinement shall be
1220+2 that the offender:
1221+3 (i) remain within the interior premises of the
1222+4 place designated for his confinement during the hours
1223+5 designated by the court;
1224+6 (ii) admit any person or agent designated by the
1225+7 court into the offender's place of confinement at any
1226+8 time for purposes of verifying the offender's
1227+9 compliance with the conditions of his confinement; and
1228+10 (iii) if further deemed necessary by the court or
1229+11 the Probation or Court Services Department, be placed
1230+12 on an approved electronic monitoring device, subject
1231+13 to Article 8A of Chapter V;
1232+14 (iv) for persons convicted of any alcohol,
1233+15 cannabis or controlled substance violation who are
1234+16 placed on an approved monitoring device as a condition
1235+17 of probation or conditional discharge, the court shall
1236+18 impose a reasonable fee for each day of the use of the
1237+19 device, as established by the county board in
1238+20 subsection (g) of this Section, unless after
1239+21 determining the inability of the offender to pay the
1240+22 fee, the court assesses a lesser fee or no fee as the
1241+23 case may be. This fee shall be imposed in addition to
1242+24 the fees imposed under subsections (g) and (i) of this
1243+25 Section. The fee shall be collected by the clerk of the
1244+26 circuit court, except as provided in an administrative
1245+
1246+
1247+
1248+
1249+
1250+ SB0423 Enrolled - 35 - LRB103 02875 RLC 47881 b
1251+
1252+
1253+SB0423 Enrolled- 36 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 36 - LRB103 02875 RLC 47881 b
1254+ SB0423 Enrolled - 36 - LRB103 02875 RLC 47881 b
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
1261+7 of the circuit court.
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
1266+12 monitoring device, and collects the fees on behalf of
1267+13 the county. The program shall include provisions for
1268+14 indigent offenders and the collection of unpaid fees.
1269+15 The program shall not unduly burden the offender and
1270+16 shall be subject to review by the Chief Judge.
1271+17 The Chief Judge of the circuit court may suspend
1272+18 any additional charges or fees for late payment,
1273+19 interest, or damage to any device; and
1274+20 (v) for persons convicted of offenses other than
1275+21 those referenced in clause (iv) above and who are
1276+22 placed on an approved monitoring device as a condition
1277+23 of probation or conditional discharge, the court shall
1278+24 impose a reasonable fee for each day of the use of the
1279+25 device, as established by the county board in
1280+26 subsection (g) of this Section, unless after
1281+
1282+
1283+
1284+
1285+
1286+ SB0423 Enrolled - 36 - LRB103 02875 RLC 47881 b
1287+
1288+
1289+SB0423 Enrolled- 37 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 37 - LRB103 02875 RLC 47881 b
1290+ SB0423 Enrolled - 37 - LRB103 02875 RLC 47881 b
1291+1 determining the inability of the defendant to pay the
1292+2 fee, the court assesses a lesser fee or no fee as the
1293+3 case may be. This fee shall be imposed in addition to
1294+4 the fees imposed under subsections (g) and (i) of this
1295+5 Section. The fee shall be collected by the clerk of the
1296+6 circuit court, except as provided in an administrative
1297+7 order of the Chief Judge of the circuit court. The
1298+8 clerk of the circuit court shall pay all monies
1299+9 collected from this fee to the county treasurer who
1300+10 shall use the monies collected to defray the costs of
1301+11 corrections. The county treasurer shall deposit the
1302+12 fee collected in the probation and court services
1303+13 fund. The Chief Judge of the circuit court of the
1304+14 county may by administrative order establish a program
1305+15 for electronic monitoring of offenders, in which a
1306+16 vendor supplies and monitors the operation of the
1307+17 electronic monitoring device, and collects the fees on
1308+18 behalf of the county. The program shall include
1309+19 provisions for indigent offenders and the collection
1310+20 of unpaid fees. The program shall not unduly burden
1311+21 the offender and shall be subject to review by the
1312+22 Chief Judge.
1313+23 The Chief Judge of the circuit court may suspend
1314+24 any additional charges or fees for late payment,
1315+25 interest, or damage to any device.
1316+26 (11) comply with the terms and conditions of an order
1317+
1318+
1319+
1320+
1321+
1322+ SB0423 Enrolled - 37 - LRB103 02875 RLC 47881 b
1323+
1324+
1325+SB0423 Enrolled- 38 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 38 - LRB103 02875 RLC 47881 b
1326+ SB0423 Enrolled - 38 - LRB103 02875 RLC 47881 b
1327+1 of protection issued by the court pursuant to the Illinois
1328+2 Domestic Violence Act of 1986, as now or hereafter
1329+3 amended, or an order of protection issued by the court of
1330+4 another state, tribe, or United States territory. A copy
1331+5 of the order of protection shall be transmitted to the
1332+6 probation officer or agency having responsibility for the
1333+7 case;
1334+8 (12) reimburse any "local anti-crime program" as
1335+9 defined in Section 7 of the Anti-Crime Advisory Council
1336+10 Act for any reasonable expenses incurred by the program on
1337+11 the offender's case, not to exceed the maximum amount of
1338+12 the fine authorized for the offense for which the
1339+13 defendant was sentenced;
1340+14 (13) contribute a reasonable sum of money, not to
1341+15 exceed the maximum amount of the fine authorized for the
1342+16 offense for which the defendant was sentenced, (i) to a
1343+17 "local anti-crime program", as defined in Section 7 of the
1344+18 Anti-Crime Advisory Council Act, or (ii) for offenses
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
1349+23 outlined in Section 805-105 of the Department of Natural
1350+24 Resources (Conservation) Law;
1351+25 (14) refrain from entering into a designated
1352+26 geographic area except upon such terms as the court finds
1353+
1354+
1355+
1356+
1357+
1358+ SB0423 Enrolled - 38 - LRB103 02875 RLC 47881 b
1359+
1360+
1361+SB0423 Enrolled- 39 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 39 - LRB103 02875 RLC 47881 b
1362+ SB0423 Enrolled - 39 - LRB103 02875 RLC 47881 b
1363+1 appropriate. Such terms may include consideration of the
1364+2 purpose of the entry, the time of day, other persons
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;
1369+7 (15) refrain from having any contact, directly or
1370+8 indirectly, with certain specified persons or particular
1371+9 types of persons, including but not limited to members of
1372+10 street gangs and drug users or dealers;
1373+11 (16) refrain from having in his or her body the
1374+12 presence of any illicit drug prohibited by the Cannabis
1375+13 Control Act, the Illinois Controlled Substances Act, or
1376+14 the Methamphetamine Control and Community Protection Act,
1377+15 unless prescribed by a physician, and submit samples of
1378+16 his or her blood or urine or both for tests to determine
1379+17 the presence of any illicit drug;
1380+18 (17) if convicted for an offense committed on or after
1381+19 June 1, 2008 (the effective date of Public Act 95-464)
1382+20 that would qualify the accused as a child sex offender as
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+
1390+
1391+
1392+
1393+
1394+ SB0423 Enrolled - 39 - LRB103 02875 RLC 47881 b
1395+
1396+
1397+SB0423 Enrolled- 40 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 40 - LRB103 02875 RLC 47881 b
1398+ SB0423 Enrolled - 40 - LRB103 02875 RLC 47881 b
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
1404+6 step-child or adopted child of the accused;
1405+7 (18) if convicted for an offense committed on or after
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
1408+10 Offender Registration Act:
1409+11 (i) not access or use a computer or any other
1410+12 device with Internet capability without the prior
1411+13 written approval of the offender's probation officer,
1412+14 except in connection with the offender's employment or
1413+15 search for employment with the prior approval of the
1414+16 offender's probation officer;
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+
1427+
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1429+
1430+ SB0423 Enrolled - 40 - LRB103 02875 RLC 47881 b
1431+
1432+
1433+SB0423 Enrolled- 41 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 41 - LRB103 02875 RLC 47881 b
1434+ SB0423 Enrolled - 41 - LRB103 02875 RLC 47881 b
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
1467+
1468+
1469+SB0423 Enrolled- 42 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 42 - LRB103 02875 RLC 47881 b
1470+ SB0423 Enrolled - 42 - LRB103 02875 RLC 47881 b
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
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
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+
1502+ SB0423 Enrolled - 42 - LRB103 02875 RLC 47881 b
1503+
1504+
1505+SB0423 Enrolled- 43 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 43 - LRB103 02875 RLC 47881 b
1506+ SB0423 Enrolled - 43 - LRB103 02875 RLC 47881 b
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
1515+9 defray the costs of drug testing, alcohol testing, and
1516+10 electronic monitoring. The county treasurer shall deposit the
1517+11 fees collected in the county working cash fund under Section
1518+12 6-27001 or Section 6-29002 of the Counties Code, as the case
1519+13 may be. The Chief Judge of the circuit court of the county may
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,
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
1531+25 the sentencing court to the court of another circuit with the
1532+26 concurrence of both courts. Further transfers or retransfers
1533+
1534+
1535+
1536+
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1538+ SB0423 Enrolled - 43 - LRB103 02875 RLC 47881 b
1539+
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1542+ SB0423 Enrolled - 44 - LRB103 02875 RLC 47881 b
1543+1 of jurisdiction are also authorized in the same manner. The
1544+2 court to which jurisdiction has been transferred shall have
1545+3 the same powers as the sentencing court. The probation
1546+4 department within the circuit to which jurisdiction has been
1547+5 transferred, or which has agreed to provide supervision, may
1548+6 impose probation fees upon receiving the transferred offender,
1549+7 as provided in subsection (i). For all transfer cases, as
1550+8 defined in Section 9b of the Probation and Probation Officers
1551+9 Act, the probation department from the original sentencing
1552+10 court shall retain all probation fees collected prior to the
1553+11 transfer. After the transfer, all probation fees shall be paid
1554+12 to the probation department within the circuit to which
1555+13 jurisdiction has been transferred.
1556+14 (i) The court shall impose upon an offender sentenced to
1557+15 probation after January 1, 1989 or to conditional discharge
1558+16 after January 1, 1992 or to community service under the
1559+17 supervision of a probation or court services department after
1560+18 January 1, 2004, as a condition of such probation or
1561+19 conditional discharge or supervised community service, a fee
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
1568+26 in the guardianship or custody of the Department of Children
1569+
1570+
1571+
1572+
1573+
1574+ SB0423 Enrolled - 44 - LRB103 02875 RLC 47881 b
1575+
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1577+SB0423 Enrolled- 45 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 45 - LRB103 02875 RLC 47881 b
1578+ SB0423 Enrolled - 45 - LRB103 02875 RLC 47881 b
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
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
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
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
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+
1607+
1608+
1609+
1610+ SB0423 Enrolled - 45 - LRB103 02875 RLC 47881 b
1611+
1612+
1613+SB0423 Enrolled- 46 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 46 - LRB103 02875 RLC 47881 b
1614+ SB0423 Enrolled - 46 - LRB103 02875 RLC 47881 b
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
1635+21 Code, or a similar provision of a local ordinance, and any
1636+22 violation of the Child Passenger Protection Act, or a similar
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
1641+
1642+
1643+
1644+
1645+
1646+ SB0423 Enrolled - 46 - LRB103 02875 RLC 47881 b
1647+
1648+
1649+SB0423 Enrolled- 47 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 47 - LRB103 02875 RLC 47881 b
1650+ SB0423 Enrolled - 47 - LRB103 02875 RLC 47881 b
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
1655+5 shall be required to refrain from any contact, directly or
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
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
1665+15 amended by changing Section 10 as follows:
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
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
1675+
1676+
1677+
1678+
1679+
1680+ SB0423 Enrolled - 47 - LRB103 02875 RLC 47881 b
1681+
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1684+ SB0423 Enrolled - 48 - LRB103 02875 RLC 47881 b
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
1698+14 practices; and within 5 years of the adoption, validation,
1699+15 and utilization of the statewide, standardized risk
1700+16 assessment tool result in at least 75% of supervised
1701+17 individuals being supervised in accordance with
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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1716+ SB0423 Enrolled - 48 - LRB103 02875 RLC 47881 b
1717+
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1720+ SB0423 Enrolled - 49 - LRB103 02875 RLC 47881 b
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.
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1756+ SB0423 Enrolled - 50 - LRB103 02875 RLC 47881 b
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
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
1771+15 practicable but no longer than 3 working days of
1772+16 detection of the violation behavior.
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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1792+ SB0423 Enrolled - 51 - LRB103 02875 RLC 47881 b
1793+1 Review Board shall annually publish an exemplar copy of
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
1810+18 assessment tool result in at least 75% of incarcerated
1811+19 individuals receiving services and programming in
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
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1829+1 program participation by the prisoner and other
1830+2 behavior modification exhibited by the prisoner; and
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
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.
1847+19 (3) The Department of Corrections shall provide its
1848+20 employees with intensive and ongoing training and
1849+21 professional development services to support the
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
1853+25 training, risk reduction and intervention strategies,
1854+26 effective communication skills, substance abuse treatment
1855+
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1865+1 education and other topics identified by the Department or
1866+2 its employees.
1867+3 (d) The Parole Division of the Department of Corrections
1868+4 and the Prisoner Review Board shall provide their employees
1869+5 with intensive and ongoing training and professional
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
1881+17 effectiveness of evidence-based practices in increasing public
1882+18 safety and in successful reintegration of those under
1883+19 supervision into the locality. Annually, each agency shall
1884+20 submit to the Sentencing Policy Advisory Council a
1885+21 comprehensive report on the success of implementing
1886+22 evidence-based practices. The data compiled and analyzed by
1887+23 the Council shall be delivered annually to the Governor and
1888+24 the General Assembly.
1889+25 (f) The Department of Corrections and the Prisoner Review
1890+26 Board shall release a report annually published on their
1891+
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1900+ SB0423 Enrolled - 54 - LRB103 02875 RLC 47881 b
1901+1 websites that reports the following information about the
1902+2 usage of electronic monitoring and GPS monitoring as a
1903+3 condition of parole and mandatory supervised release during
1904+4 the prior calendar year:
1905+5 (1) demographic data of individuals on electronic
1906+6 monitoring and GPS monitoring, separated by the following
1907+7 categories:
1908+8 (A) race or ethnicity;
1909+9 (B) gender; and
1910+10 (C) age;
1911+11 (2) incarceration data of individuals subject to
1912+12 conditions of electronic or GPS monitoring, separated by
1913+13 the following categories:
1914+14 (A) highest class of offense for which the
1915+15 individuals are currently serving a term of release;
1916+16 and
1917+17 (B) length of imprisonment served prior to the
1918+18 current release period;
1919+19 (3) the number of individuals subject to conditions of
1920+20 electronic or GPS monitoring, separated by the following
1921+21 categories:
1922+22 (A) the number of individuals subject to
1923+23 monitoring under Section 5-8A-6 of the Unified Code of
1924+24 Corrections;
1925+25 (B) the number of individuals subject monitoring
1926+26 under Section 5-8A-7 of the Unified Code of
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1933+
1934+
1935+SB0423 Enrolled- 55 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 55 - LRB103 02875 RLC 47881 b
1936+ SB0423 Enrolled - 55 - LRB103 02875 RLC 47881 b
1937+1 Corrections;
1938+2 (C) the number of individuals subject to
1939+3 monitoring under a discretionary order of the Prisoner
1940+4 Review Board at the time of their release; and
1941+5 (D) the number of individuals subject to
1942+6 monitoring as a sanction for violations of parole or
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
1949+13 monitoring as a new condition of re-release after
1950+14 a revocation hearing before the Prisoner Review
1951+15 Board;
1952+16 (4) the number of discretionary monitoring orders
1953+17 issued by the Prisoner Review Board, separated by the
1954+18 following categories:
1955+19 (A) less than 30 days;
1956+20 (B) 31 to 60 days;
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
1963+
1964+
1965+
1966+
1967+
1968+ SB0423 Enrolled - 55 - LRB103 02875 RLC 47881 b
1969+
1970+
1971+SB0423 Enrolled- 56 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 56 - LRB103 02875 RLC 47881 b
1972+ SB0423 Enrolled - 56 - LRB103 02875 RLC 47881 b
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
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+
2001+
2002+
2003+
2004+ SB0423 Enrolled - 56 - LRB103 02875 RLC 47881 b
2005+
2006+
2007+SB0423 Enrolled- 57 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 57 - LRB103 02875 RLC 47881 b
2008+ SB0423 Enrolled - 57 - LRB103 02875 RLC 47881 b
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
2027+19 of paragraph (1) of subsection (a) of Section 3-3-7 of
2028+20 the Unified Code of Corrections alleged against them
2029+21 who were never subject to electronic or GPS monitoring
2030+22 during their current term of release; and
2031+23 (C) the number of individuals who had violations
2032+24 of paragraph (1) of subsection (a) of Section 3-3-7 of
2033+25 the Unified Code of Corrections alleged against them
2034+26 who were subject to electronic or GPS monitoring for
2035+
2036+
2037+
2038+
2039+
2040+ SB0423 Enrolled - 57 - LRB103 02875 RLC 47881 b
2041+
2042+
2043+SB0423 Enrolled- 58 -LRB103 02875 RLC 47881 b SB0423 Enrolled - 58 - LRB103 02875 RLC 47881 b
2044+ SB0423 Enrolled - 58 - LRB103 02875 RLC 47881 b
2045+
2046+
2047+
2048+
2049+
2050+ SB0423 Enrolled - 58 - LRB103 02875 RLC 47881 b