HB 1908 — CD CORR-METH VIOLATIONS

HB1908 EngrossedEnrolled LRB097 06479 RLC 50699 b AN ACT concerning criminal law.

(5) attend or reside in a facility established for the HB1908 EngrossedEnrolled - 2 - LRB097 06479 RLC 50699 b instruction or residence of persons on parole or mandatory supervised release;

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 HB1908 EngrossedEnrolled - 3 - LRB097 06479 RLC 50699 b the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;

(7.8) if convicted for an offense committed on or after the effective date of this amendatory Act of the 95th HB1908 EngrossedEnrolled - 4 - LRB097 06479 RLC 50699 b General Assembly that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age;

HB1908 EngrossedEnrolled - 5 - LRB097 06479 RLC 50699 b (7.11) if convicted for an offense under Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):

HB1908 EngrossedEnrolled - 6 - LRB097 06479 RLC 50699 b (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 16D-2 of the Criminal Code of 1961;

(13) not knowingly associate with other persons on HB1908 EngrossedEnrolled - 7 - LRB097 06479 RLC 50699 b parole or mandatory supervised release without prior written permission of his or her parole agent and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;

(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 HB1908 EngrossedEnrolled - 8 - LRB097 06479 RLC 50699 b a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;

(A) prohibited from purchasing, possessing, or having under his or her control any product containing pseudoephedrine;pseudoephedrine unless prescribed by a physician;

HB1908 EngrossedEnrolled - 9 - LRB097 06479 RLC 50699 b (6) (blank);

(i) not access or use a computer or any other device with Internet capability without the prior HB1908 EngrossedEnrolled - 10 - LRB097 06479 RLC 50699 b written approval of the Department;

HB1908 EngrossedEnrolled - 11 - LRB097 06479 RLC 50699 b (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:

The terms may include consideration of the purpose of the entry, the time of day, HB1908 EngrossedEnrolled - 12 - LRB097 06479 RLC 50699 b and others accompanying the person;

(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 HB1908 EngrossedEnrolled - 13 - LRB097 06479 RLC 50699 b congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;

HB1908 EngrossedEnrolled - 14 - LRB097 06479 RLC 50699 b (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.

HB1908 EngrossedEnrolled - 15 - LRB097 06479 RLC 50699 b (a) Upon release of a person on parole, mandatory release, final discharge or pardon the Department shall return all property held for him, provide him with suitable clothing and procure necessary transportation for him to his designated place of residence and employment.

Except as otherwise provided in this Code, the Department shall establish procedures to provide written notification to the proper law HB1908 EngrossedEnrolled - 16 - LRB097 06479 RLC 50699 b enforcement agency for any municipality of any release of any person who has been convicted of a felony if the arrest of the offender or the commission of the offense took place in the municipality, if the offender is to be paroled or released into the municipality, or if the offender resided in the municipality at the time of the commission of the offense.

HB1908 EngrossedEnrolled - 17 - LRB097 06479 RLC 50699 b (c-5) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide copies of the following information to the appropriate licensing or regulating Department and the licensed or regulated facility where the person becomes a resident:

(c-10) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of HB1908 EngrossedEnrolled - 18 - LRB097 06479 RLC 50699 b Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide written notification of such residence to the following:

The Department shall inform the committed person that he or she may present the identification card to HB1908 EngrossedEnrolled - 19 - LRB097 06479 RLC 50699 b the Office of the Secretary of State upon application for a standard Illinois Identification Card in accordance with the Illinois Identification Card Act.

1005-6-3) HB1908 EngrossedEnrolled - 20 - LRB097 06479 RLC 50699 b Sec.

(6) perform no less than 30 hours of community service and not more than 120 hours of community service, if HB1908 EngrossedEnrolled - 21 - LRB097 06479 RLC 50699 b 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 person on probation or HB1908 EngrossedEnrolled - 22 - LRB097 06479 RLC 50699 b conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7).

(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 HB1908 EngrossedEnrolled - 23 - LRB097 06479 RLC 50699 b and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;

(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, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the HB1908 EngrossedEnrolled - 24 - LRB097 06479 RLC 50699 b accused and whom the accused reasonably believes to be under 18 years of age;

(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 HB1908 EngrossedEnrolled - 25 - LRB097 06479 RLC 50699 b the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;

(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 HB1908 EngrossedEnrolled - 26 - LRB097 06479 RLC 50699 b 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;

(A) prohibited from purchasing, possessing, or having under his or her control any product containing pseudoephedrine;pseudoephedrine unless prescribed by a physician;

(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 HB1908 EngrossedEnrolled - 27 - LRB097 06479 RLC 50699 b the person:

HB1908 EngrossedEnrolled - 28 - LRB097 06479 RLC 50699 b (8) make restitution as provided in Section 5-5-6 of this Code;

(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 HB1908 EngrossedEnrolled - 29 - LRB097 06479 RLC 50699 b determining the inability of the offender to pay the fee, the court assesses a lesser fee or no fee as the case may be.

The county treasurer shall deposit the fee collected in the county working cash HB1908 EngrossedEnrolled - 30 - LRB097 06479 RLC 50699 b fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.

(14) refrain from entering into a designated HB1908 EngrossedEnrolled - 31 - LRB097 06479 RLC 50699 b geographic area except upon such terms as the court finds appropriate.

for purposes of this paragraph (17), HB1908 EngrossedEnrolled - 32 - LRB097 06479 RLC 50699 b "Internet" has the meaning ascribed to it in Section 16J-5 of the Criminal Code of 1961;

HB1908 EngrossedEnrolled - 33 - LRB097 06479 RLC 50699 b (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;

(e) Except where the offender has committed a fourth or HB1908 EngrossedEnrolled - 34 - LRB097 06479 RLC 50699 b 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.

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 HB1908 EngrossedEnrolled - 35 - LRB097 06479 RLC 50699 b costs incidental to approved electronic monitoring, involved in a successful probation program for the county.

(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 HB1908 EngrossedEnrolled - 36 - LRB097 06479 RLC 50699 b sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.

Any offender that has been assigned to the supervision of a probation department, or has been transferred either under HB1908 EngrossedEnrolled - 37 - LRB097 06479 RLC 50699 b 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.

HB1908 EngrossedEnrolled - 38 - LRB097 06479 RLC 50699 b (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.