Public Act 103-0271
SB0423 EnrolledLRB103 02875 RLC 47881 b SB0423 Enrolled LRB103 02875 RLC 47881 b
SB0423 Enrolled LRB103 02875 RLC 47881 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of parole or mandatory supervised
release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised
release are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
SB0423 Enrolled LRB103 02875 RLC 47881 b
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department
of Corrections as soon as permitted by the arresting
authority but in no event later than 24 hours after
release from custody and immediately report service or
notification of an order of protection, a civil no contact
order, or a stalking no contact order to an agent of the
Department of Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed
medical facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the
effective date of Public Act 94-988), wear an approved
electronic monitoring device as defined in Section 5-8A-2
for the duration of the person's parole, mandatory
supervised release term, or extended mandatory supervised
release term and if convicted for an offense of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, aggravated criminal sexual abuse, or
ritualized abuse of a child committed on or after August
11, 2009 (the effective date of Public Act 96-236) when
the victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)
capability for the duration of the person's parole,
mandatory supervised release term, or extended mandatory
supervised release term;
(7.8) if convicted for an offense committed on or
after June 1, 2008 (the effective date of Public Act
95-464) that would qualify the accused as a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (7.8),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(7.9) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, consent to search of
computers, PDAs, cellular phones, and other devices under
his or her control that are capable of accessing the
Internet or storing electronic files, in order to confirm
Internet protocol addresses reported in accordance with
the Sex Offender Registration Act and compliance with
conditions in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008
(the effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after
January 1, 2010 (the effective date of Public Act 96-262),
refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code
of 2012;
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public
Act 96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any
computer scrub software on any computer that the sex
offender uses;
(8) obtain permission of an agent of the Department of
Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics
or other controlled substances in any form, or both, or
any paraphernalia related to those substances and submit
to a urinalysis test as instructed by a parole agent of the
Department of Corrections if there is reasonable suspicion
of illicit drug use and the source of the reasonable
suspicion is documented in the Department's case
management system;
(12) not knowingly frequent places where controlled
substances are illegally sold, used, distributed, or
administered;
(13) except when the association described in either
subparagraph (A) or (B) of this paragraph (13) involves
activities related to community programs, worship
services, volunteering, engaging families, or some other
pro-social activity in which there is no evidence of
criminal intent:
(A) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent; or
(B) not knowingly associate with persons who are
members of an organized gang as that term is defined in
the Illinois Streetgang Terrorism Omnibus Prevention
Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by
his or her parole agent or of the Department of
Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board
or by law, exclusive of placement on electronic detention,
to achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial
minors are present, not participate in a holiday event
involving children under 18 years of age, such as
distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act;
(19) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate;
(20) if convicted of a hate crime under Section 12-7.1
of the Criminal Code of 2012, perform public or community
service of no less than 200 hours and enroll in an
educational program discouraging hate crimes involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed ordered by the court; and
(21) be evaluated by the Department of Corrections
prior to release using a validated risk assessment and be
subject to a corresponding level of supervision. In
accordance with the findings of that evaluation:
(A) All subjects found to be at a moderate or high
risk to recidivate, or on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, shall be subject
to high level supervision. The Department shall define
high level supervision based upon evidence-based and
research-based practices. Notwithstanding this
placement on high level supervision, placement of the
subject on electronic monitoring or detention shall
not occur unless it is required by law or expressly
ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to
recidivate shall be subject to low-level supervision,
except for those subjects on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act. Low level
supervision shall require the subject to check in with
the supervising officer via phone or other electronic
means. Notwithstanding this placement on low level
supervision, placement of the subject on electronic
monitoring or detention shall not occur unless it is
required by law or expressly ordered or approved by
the Prisoner Review Board.
(b) The Board may after making an individualized
assessment pursuant to subsection (a) of Section 3-14-2 in
addition to other conditions require that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or
parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
after the effective date of this amendatory Act of the
95th General Assembly that would qualify the accused as a
child sex offender as defined in Section 11-9.3 or 11-9.4
of the Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is related to the accused and
whom the accused reasonably believes to be under 18 years
of age; for purposes of this paragraph (7.5), "Internet"
has the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or
after June 1, 2009 (the effective date of Public Act
95-983) that would qualify as a sex offense as defined in
the Sex Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent; and
(8) (blank). in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release following an
individualized assessment pursuant to subsection (a) of
Section 3-14-2:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the
Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of
day, and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior
written approval of an agent of the Department of
Corrections;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third
party, with minor children without prior identification
and approval of an agent of the Department of Corrections;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or
any pictures depicting children under 18 years of age nude
or any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
officer before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or
she shall sign the same before release. A signed copy of these
conditions, including a copy of an order of protection where
one had been issued by the criminal court, shall be retained by
the person and another copy forwarded to the officer in charge
of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of
such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge.
(a) The length of parole for a person sentenced under the
law in effect prior to the effective date of this amendatory
Act of 1977 and the length of mandatory supervised release for
those sentenced under the law in effect on and after such
effective date shall be as set out in Section 5-8-1 unless
sooner terminated under paragraph (b) of this Section.
(b) The Prisoner Review Board may enter an order releasing
and discharging one from parole or mandatory supervised
release, and his or her commitment to the Department, when it
determines that he or she is likely to remain at liberty
without committing another offense.
(b-1) Provided that the subject is in compliance with the
terms and conditions of his or her parole or mandatory
supervised release, the Prisoner Review Board shall may reduce
the period of a parolee or releasee's parole or mandatory
supervised release by 90 days upon the parolee or releasee
receiving a high school diploma, associate's degree,
bachelor's degree, career certificate, or vocational technical
certification or upon passage of high school equivalency
testing during the period of his or her parole or mandatory
supervised release. A parolee or releasee shall provide
documentation from the educational institution or the source
of the qualifying educational or vocational credential to
their supervising officer for verification. Each This
reduction in the period of a subject's term of parole or
mandatory supervised release shall be available only to
subjects who have not previously earned the relevant
credential for which they are receiving the reduction a high
school diploma or who have not previously passed high school
equivalency testing. As used in this Section, "career
certificate" means a certificate awarded by an institution for
satisfactory completion of a prescribed curriculum that is
intended to prepare an individual for employment in a specific
field.
(b-2) The Prisoner Review Board may release a low-risk and
need subject person from mandatory supervised release as
determined by an appropriate evidence-based risk and need
assessment.
(c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record judgment
that the sentence or commitment has been satisfied pursuant to
the order.
(d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5.
(e) Upon a denial of early discharge under this Section,
the Prisoner Review Board shall provide the person on parole
or mandatory supervised release a list of steps or
requirements that the person must complete or meet to be
granted an early discharge at a subsequent review and share
the process for seeking a subsequent early discharge review
under this subsection. Upon the completion of such steps or
requirements, the person on parole or mandatory supervised
release may petition the Prisoner Review Board to grant them
an early discharge review. Within no more than 30 days of a
petition under this subsection, the Prisoner Review Board
shall review the petition and make a determination.
(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3,
eff. 1-1-18.)
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
(a) The Department shall retain custody of all persons
placed on parole or mandatory supervised release or released
pursuant to Section 3-3-10 of this Code and shall supervise
such persons during their parole or release period in accord
with the conditions set by the Prisoner Review Board. When
setting conditions, the Prisoner Review Board shall make an
individualized assessment as to what conditions are
appropriate based on the risk and needs assessment, program
participation and completion, assignment history while
incarcerated, and behavior history during the period of the
incarceration and involve only such deprivations of liberty or
property as are reasonably necessary to protect the public
from the person's conduct in the underlying conviction or
violation. In determining conditions, the Prisoner Review
Board shall also consider the reasonableness of imposing
additional conditions on the person and the extent to which
the conditions impact the person's work, education, community
service, financial, and family caregiving obligations. Such
conditions shall include referral to an alcohol or drug abuse
treatment program, as appropriate, if such person has
previously been identified as having an alcohol or drug abuse
problem. Such conditions may include that the person use an
approved electronic monitoring device subject to Article 8A of
Chapter V.
(b) The Department shall assign personnel to assist
persons eligible for parole in preparing a parole plan. Such
Department personnel shall make a report of their efforts and
findings to the Prisoner Review Board prior to its
consideration of the case of such eligible person.
(c) A copy of the conditions of his parole or release shall
be signed by the parolee or releasee and given to him and to
his supervising officer who shall report on his progress under
the rules and regulations of the Prisoner Review Board. The
supervising officer shall report violations to the Prisoner
Review Board and shall have the full power of peace officers in
the arrest and retaking of any parolees or releasees or the
officer may request the Department to issue a warrant for the
arrest of any parolee or releasee who has allegedly violated
his parole or release conditions.
(c-1) The supervising officer shall request the Department
to issue a parole violation warrant, and the Department shall
issue a parole violation warrant, under the following
circumstances:
(1) if the parolee or releasee commits an act that
constitutes a felony using a firearm or knife,
(2) if applicable, fails to comply with the
requirements of the Sex Offender Registration Act,
(3) if the parolee or releasee is charged with:
(A) a felony offense of domestic battery under
Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012,
(B) aggravated domestic battery under Section
12-3.3 of the Criminal Code of 1961 or the Criminal
Code of 2012,
(C) stalking under Section 12-7.3 of the Criminal
Code of 1961 or the Criminal Code of 2012,
(D) aggravated stalking under Section 12-7.4 of
the Criminal Code of 1961 or the Criminal Code of 2012,
(E) violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or
(F) any offense that would require registration as
a sex offender under the Sex Offender Registration
Act, or
(4) if the parolee or releasee is on parole or
mandatory supervised release for a murder, a Class X
felony or a Class 1 felony violation of the Criminal Code
of 1961 or the Criminal Code of 2012, or any felony that
requires registration as a sex offender under the Sex
Offender Registration Act and commits an act that
constitutes first degree murder, a Class X felony, a Class
1 felony, a Class 2 felony, or a Class 3 felony.
A sheriff or other peace officer may detain an alleged
parole or release violator until a warrant for his return to
the Department can be issued. The parolee or releasee may be
delivered to any secure place until he can be transported to
the Department. The officer or the Department shall file a
violation report with notice of charges with the Prisoner
Review Board.
(d) The supervising officer shall regularly advise and
consult with the parolee or releasee, assist him in adjusting
to community life, inform him of the restoration of his rights
on successful completion of sentence under Section 5-5-5, and
provide the parolee or releasee with an electronic copy of the
Department of Corrections system of graduated responses as set
forth under subparagraph (D) of paragraph (1) of subsection
(b) of Section 10 of the Illinois Crime Reduction Act of 2009
and any sanctions matrix based on that system. If the parolee
or releasee has been convicted of a sex offense as defined in
the Sex Offender Management Board Act, the supervising officer
shall periodically, but not less than once a month, verify
that the parolee or releasee is in compliance with paragraph
(7.6) of subsection (a) of Section 3-3-7.
(d-1) At least once every 6 months, the supervising
officer of a parolee or releasee shall review the case of the
parolee or releasee to assess the parolee's or releasee's
progress and suitability for early discharge under subsection
(b) of Section 3-3-8 and provide a recommendation for either
early discharge or the continuation of parole or mandatory
supervised release as previously ordered. The recommendation
and the rationale for the recommendation shall be noted in the
Department's case management system. Within 30 days of
receiving the supervising officer's recommendation, the
Department shall provide a copy of the final recommendation,
in writing or electronically, to the Prisoner Review Board and
to the parolee or releasee. If an early discharge
recommendation was not provided, the supervising officer shall
share the list of steps or requirements that the person must
complete or meet to be granted an early discharge
recommendation at a subsequent review under agency guidelines.
The Department shall develop guidelines and policies to
support the regular review of parolees and releasees for early
discharge consideration and the timely notification of the
Prisoner Review Board when early discharge is recommended.
(d-2) Supervising officers shall schedule meetings, which
are required under paragraph (3) of subsection (a) of Section
3-3-7 as a condition of parole or mandatory supervised
release, at such times and locations that take into
consideration the medical needs, caregiving obligations, and
work schedule of a parolee or releasee.
(d-3) To comply with the provisions of subsection (d-2),
in lieu of requiring the parolee or releasee to appear in
person for the required reporting or meetings, supervising
officers may utilize technology, including cellular and other
electronic communication devices or platforms, that allows for
communication between the supervised individual and the
supervising officer.
(e) Supervising officers shall receive specialized
training in the special needs of female releasees or parolees
including the family reunification process.
(f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records
shall be entered in the master file of the individual.
(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person
or agency as directed by the court. To comply with the
provisions of this paragraph (2), in lieu of requiring the
person on probation or conditional discharge to appear in
person for the required reporting or meetings, the officer
may utilize technology, including cellular and other
electronic communication devices or platforms, that allow
for communication between the supervised person and the
officer in accordance with standards and guidelines
established by the Administrative Office of the Illinois
Courts;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily
harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized
gang and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare
the defendant for a high school diploma and to work toward
a high school diploma or to work toward passing high
school equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who willfully fails to comply with this
paragraph (7). The person on probation or conditional
discharge shall be required to pay for the cost of the
educational courses or high school equivalency testing if
a fee is charged for those courses or testing. The court
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a
person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction
or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or
Illinois Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act and upon a finding by the court that the
person is addicted, undergo treatment at a substance abuse
program approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and
conducted in conformance with the standards developed
under the Sex Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or
after June 1, 2008 (the effective date of Public Act
95-464) that would qualify the accused as a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (8.7),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after
January 1, 2010 (the effective date of Public Act 96-262),
refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code
of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Illinois State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial
minors are present, not participate in a holiday event
involving children under 18 years of age, such as
distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public
Act 96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any
computer scrub software on any computer that the sex
offender uses;
(12) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate; and
(13) if convicted of a hate crime involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge
of the circuit court.
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services
fund. The Chief Judge of the circuit court of the
county may by administrative order establish a program
for electronic monitoring of offenders, in which a
vendor supplies and monitors the operation of the
electronic monitoring device, and collects the fees on
behalf of the county. The program shall include
provisions for indigent offenders and the collection
of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the
Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter
amended, or an order of protection issued by the court of
another state, tribe, or United States territory. A copy
of the order of protection shall be transmitted to the
probation officer or agency having responsibility for the
case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program on
the offender's case, not to exceed the maximum amount of
the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses
under the jurisdiction of the Department of Natural
Resources, to the fund established by the Department of
Natural Resources for the purchase of evidence for
investigation purposes and to conduct investigations as
outlined in Section 805-105 of the Department of Natural
Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (17), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983)
that would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the
course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6-month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial circuit in
which the county is located shall establish reasonable fees
for the cost of maintenance, testing, and incidental expenses
related to the mandatory drug or alcohol testing, or both, and
all costs incidental to approved electronic monitoring,
involved in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees
to the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court. The probation
department within the circuit to which jurisdiction has been
transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). For all transfer cases, as
defined in Section 9b of the Probation and Probation Officers
Act, the probation department from the original sentencing
court shall retain all probation fees collected prior to the
transfer. After the transfer, all probation fees shall be paid
to the probation department within the circuit to which
jurisdiction has been transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee
of $50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers
Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an
offender's ability to pay. Of the amount collected as a
probation fee, up to $5 of that fee collected per month may be
used to provide services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate
compact, shall be required to pay probation fees to the
department supervising the offender, based on the offender's
ability to pay.
Public Act 93-970 deletes the $10 increase in the fee
under this subsection that was imposed by Public Act 93-616.
This deletion is intended to control over any other Act of the
93rd General Assembly that retains or incorporates that fee
increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation
department has determined to be sexually motivated (as defined
in the Sex Offender Management Board Act), the court or the
probation department shall assess additional fees to pay for
all costs of treatment, assessment, evaluation for risk and
treatment, and monitoring the offender, based on that
offender's ability to pay those costs either as they occur or
under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
Section 10. The Illinois Crime Reduction Act of 2009 is
amended by changing Section 10 as follows:
(730 ILCS 190/10)
Sec. 10. Evidence-based programming.
(a) Purpose. Research and practice have identified new
strategies and policies that can result in a significant
reduction in recidivism rates and the successful local
reintegration of offenders. The purpose of this Section is to
ensure that State and local agencies direct their resources to
services and programming that have been demonstrated to be
effective in reducing recidivism and reintegrating offenders
into the locality.
(b) Evidence-based programming in local supervision.
(1) The Parole Division of the Department of
Corrections and the Prisoner Review Board shall adopt
policies, rules, and regulations that, within the first
year of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool described in
this Act, result in at least 25% of supervised individuals
being supervised in accordance with evidence-based
practices; within 3 years of the adoption, validation, and
utilization of the statewide, standardized risk assessment
tool result in at least 50% of supervised individuals
being supervised in accordance with evidence-based
practices; and within 5 years of the adoption, validation,
and utilization of the statewide, standardized risk
assessment tool result in at least 75% of supervised
individuals being supervised in accordance with
evidence-based practices. The policies, rules, and
regulations shall:
(A) Provide for a standardized individual case
plan that follows the offender through the criminal
justice system (including in-prison if the supervised
individual is in prison) that is:
(i) Based on the assets of the individual as
well as his or her risks and needs identified
through the assessment tool as described in this
Act.
(ii) Comprised of treatment and supervision
services appropriate to achieve the purpose of
this Act.
(iii) Consistently updated, based on program
participation by the supervised individual and
other behavior modification exhibited by the
supervised individual.
(B) Concentrate resources and services on
high-risk offenders.
(C) Provide for the use of evidence-based
programming related to education, job training,
cognitive behavioral therapy, and other programming
designed to reduce criminal behavior.
(D) Establish a system of graduated responses.
(i) The system shall set forth a menu of
presumptive responses for the most common types of
supervision violations.
(ii) The system shall be guided by the model
list of intermediate sanctions created by the
Probation Services Division of the State of
Illinois pursuant to subsection (1) of Section 15
of the Probation and Probation Officers Act and
the system of intermediate sanctions created by
the Chief Judge of each circuit court pursuant to
Section 5-6-1 of the Unified Code of Corrections.
(iii) The system of responses shall take into
account factors such as the severity of the
current violation; the supervised individual's
risk level as determined by a validated assessment
tool described in this Act; the supervised
individual's assets; his or her previous criminal
record; and the number and severity of any
previous supervision violations.
(iv) The system shall also define positive
reinforcements that supervised individuals may
receive for compliance with conditions of
supervision.
(v) Response to violations should be swift and
certain and should be imposed as soon as
practicable but no longer than 3 working days of
detection of the violation behavior.
(vi) The system of graduated responses shall
be published on the Department of Corrections
website for public view.
(2) Conditions of local supervision (probation and
mandatory supervised release). Conditions of local
supervision whether imposed by a sentencing judge or the
Prisoner Review Board shall be imposed in accordance with
the offender's risks, assets, and needs as identified
through the assessment tool described in this Act.
(3) The Department of Corrections and the Prisoner
Review Board shall annually publish an exemplar copy of
any evidence-based assessments, questionnaires, or other
instruments used to set conditions of release.
(c) Evidence-based in-prison programming.
(1) The Department of Corrections shall adopt
policies, rules, and regulations that, within the first
year of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool described in
this Act, result in at least 25% of incarcerated
individuals receiving services and programming in
accordance with evidence-based practices; within 3 years
of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool result in at
least 50% of incarcerated individuals receiving services
and programming in accordance with evidence-based
practices; and within 5 years of the adoption, validation,
and utilization of the statewide, standardized risk
assessment tool result in at least 75% of incarcerated
individuals receiving services and programming in
accordance with evidence-based practices. The policies,
rules, and regulations shall:
(A) Provide for the use and development of a case
plan based on the risks, assets, and needs identified
through the assessment tool as described in this Act.
The case plan should be used to determine in-prison
programming; should be continuously updated based on
program participation by the prisoner and other
behavior modification exhibited by the prisoner; and
should be used when creating the case plan described
in subsection (b).
(B) Provide for the use of evidence-based
programming related to education, job training,
cognitive behavioral therapy and other evidence-based
programming.
(C) Establish education programs based on a
teacher to student ratio of no more than 1:30.
(D) Expand the use of drug prisons, modeled after
the Sheridan Correctional Center, to provide
sufficient drug treatment and other support services
to non-violent inmates with a history of substance
abuse.
(2) Participation and completion of programming by
prisoners can impact earned time credit as determined
under Section 3-6-3 of the Unified Code of Corrections.
(3) The Department of Corrections shall provide its
employees with intensive and ongoing training and
professional development services to support the
implementation of evidence-based practices. The training
and professional development services shall include
assessment techniques, case planning, cognitive behavioral
training, risk reduction and intervention strategies,
effective communication skills, substance abuse treatment
education and other topics identified by the Department or
its employees.
(d) The Parole Division of the Department of Corrections
and the Prisoner Review Board shall provide their employees
with intensive and ongoing training and professional
development services to support the implementation of
evidence-based practices. The training and professional
development services shall include assessment techniques, case
planning, cognitive behavioral training, risk reduction and
intervention strategies, effective communication skills,
substance abuse treatment education, and other topics
identified by the agencies or their employees.
(e) The Department of Corrections, the Prisoner Review
Board, and other correctional entities referenced in the
policies, rules, and regulations of this Act shall design,
implement, and make public a system to evaluate the
effectiveness of evidence-based practices in increasing public
safety and in successful reintegration of those under
supervision into the locality. Annually, each agency shall
submit to the Sentencing Policy Advisory Council a
comprehensive report on the success of implementing
evidence-based practices. The data compiled and analyzed by
the Council shall be delivered annually to the Governor and
the General Assembly.