SB 423 — CRIMINAL LAW-TECH

SB0423 EngrossedEnrolled LRB103 02875 RLC 47881 b AN ACT concerning criminal law.

(5) attend or reside in a facility established for the SB0423 EngrossedEnrolled - 2 - LRB103 02875 RLC 47881 b instruction or residence of persons on parole or mandatory supervised release;

the provisions of this paragraph do not apply to a person SB0423 EngrossedEnrolled - 3 - LRB103 02875 RLC 47881 b 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 SB0423 EngrossedEnrolled - 4 - LRB103 02875 RLC 47881 b supervised release term;

SB0423 EngrossedEnrolled - 5 - LRB103 02875 RLC 47881 b (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;

(iii) submit to the installation on the offender's computer or device with Internet capability, at the SB0423 EngrossedEnrolled - 6 - LRB103 02875 RLC 47881 b offender's expense, of one or more hardware or software systems to monitor the Internet use;

(10) consent to a search of his or her person, SB0423 EngrossedEnrolled - 7 - LRB103 02875 RLC 47881 b property, or residence under his or her control;

(14) provide true and accurate information, as it SB0423 EngrossedEnrolled - 8 - LRB103 02875 RLC 47881 b 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;

(17) if convicted of a violation of an order of protection under Section 12-3.4 or Section 12-30 of the SB0423 EngrossedEnrolled - 9 - LRB103 02875 RLC 47881 b 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;

(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 SB0423 EngrossedEnrolled - 10 - LRB103 02875 RLC 47881 b offense the offender committed ordered by the court;

(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 SB0423 EngrossedEnrolled - 11 - LRB103 02875 RLC 47881 b 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.

SB0423 EngrossedEnrolled - 12 - LRB103 02875 RLC 47881 b (6) (blank);

(ii) submit to periodic unannounced examinations of the offender's computer or any other device with SB0423 EngrossedEnrolled - 13 - LRB103 02875 RLC 47881 b 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;

(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex SB0423 EngrossedEnrolled - 14 - LRB103 02875 RLC 47881 b 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:

The terms may include SB0423 EngrossedEnrolled - 15 - LRB103 02875 RLC 47881 b consideration of the purpose of the entry, the time of day, and others accompanying the person;

(12) not reside near, visit, or be in or about parks, SB0423 EngrossedEnrolled - 16 - LRB103 02875 RLC 47881 b 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;

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 SB0423 EngrossedEnrolled - 17 - LRB103 02875 RLC 47881 b the person and another copy forwarded to the officer in charge of his or her supervision.

(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 SB0423 EngrossedEnrolled - 18 - LRB103 02875 RLC 47881 b determines that he or she is likely to remain at liberty without committing another offense.

(b-2) The Prisoner Review Board may release a low-risk and SB0423 EngrossedEnrolled - 19 - LRB103 02875 RLC 47881 b need subject person from mandatory supervised release as determined by an appropriate evidence-based risk and need assessment.

1-1-18.) SB0423 EngrossedEnrolled - 20 - LRB103 02875 RLC 47881 b (730 ILCS 5/3-14-2) (from Ch.

Such conditions may include that the person use an approved electronic monitoring device subject to Article 8A of SB0423 EngrossedEnrolled - 21 - LRB103 02875 RLC 47881 b Chapter V.

(A) a felony offense of domestic battery under SB0423 EngrossedEnrolled - 22 - LRB103 02875 RLC 47881 b 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.

The parolee or releasee may be SB0423 EngrossedEnrolled - 23 - LRB103 02875 RLC 47881 b delivered to any secure place until he can be transported to the Department.

(d-1) At least once every 36 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 SB0423 EngrossedEnrolled - 24 - LRB103 02875 RLC 47881 b Department's case management system.

Within 1530 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.

SB0423 EngrossedEnrolled - 25 - LRB103 02875 RLC 47881 b (e) Supervising officers shall receive specialized training in the special needs of female releasees or parolees including the family reunification process.

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 SB0423 EngrossedEnrolled - 26 - LRB103 02875 RLC 47881 b Courts;

The community service SB0423 EngrossedEnrolled - 27 - LRB103 02875 RLC 47881 b 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.

The SB0423 EngrossedEnrolled - 28 - LRB103 02875 RLC 47881 b court shall revoke the probation or conditional discharge of a person who willfully fails to comply with this paragraph (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 and upon a finding by the court that the SB0423 EngrossedEnrolled - 29 - LRB103 02875 RLC 47881 b 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 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 SB0423 EngrossedEnrolled - 30 - LRB103 02875 RLC 47881 b 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 SB0423 EngrossedEnrolled - 31 - LRB103 02875 RLC 47881 b 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;

922(g)(9), physically surrender SB0423 EngrossedEnrolled - 32 - LRB103 02875 RLC 47881 b 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.

(12) if convicted of a violation of the Methamphetamine Control and Community Protection Act, the SB0423 EngrossedEnrolled - 33 - LRB103 02875 RLC 47881 b Methamphetamine Precursor Control Act, or a methamphetamine related offense:

(3) work or pursue a course of study or vocational SB0423 EngrossedEnrolled - 34 - LRB103 02875 RLC 47881 b training;

In addition to any other applicable condition of probation or conditional SB0423 EngrossedEnrolled - 35 - LRB103 02875 RLC 47881 b discharge, the conditions of home confinement shall be that the offender:

The fee shall be collected by the clerk of the circuit court, except as provided in an administrative SB0423 EngrossedEnrolled - 36 - LRB103 02875 RLC 47881 b order of the Chief Judge of the circuit court.

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 SB0423 EngrossedEnrolled - 37 - LRB103 02875 RLC 47881 b determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.

(11) comply with the terms and conditions of an order SB0423 EngrossedEnrolled - 38 - LRB103 02875 RLC 47881 b 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.