SB 1192 — CD CORR-JUVENILE AFTERCARE
Last action — Public Act . . . . . . . . . 98-0558
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 30, 2013. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Unified Code of Corrections. Provides that a person committed to the Department of Juvenile Justice after adjudication as a delinquent minor shall as a condition of parole either: (1) report to an agent of the Department of Corrections; or (2) report to an aftercare specialist of the Department of Juvenile Justice. Makes permanent the 6-year pilot program that was established in Cook County, DuPage County, Lake County, Will County, and Kane County for select paroled juvenile offenders. Makes the program applicable throughout the State. Provides that a paroled delinquent minor may, in the discretion of the Department of Juvenile Justice, either be required to report to a parole agent of the Department of Corrections or be assigned an aftercare specialist. Provides that the Department of Juvenile Justice shall provide training for and promulgate rules for the aftercare specialists providing supervision and services under the program to establish their authority with regard to participants who violate rules or conditions of parole, including service of warrants for alleged violations and the authority to arrest, detain, and transport participants to return them to Department custody for alleged violations of parole. Effective immediately.
Bill Text
What changed in the latest version
7195 added · 7229 removedPlain-language change summary
The recent amendment to SB 1192 updates the Illinois Identification Card Act to allow individuals released from the Department of Corrections or Department of Juvenile Justice to apply for an Illinois Identification Card using their existing identification from these departments. This change simplifies the process for these individuals to obtain a state ID, which is important for accessing services and employment opportunities. It emphasizes inclusivity and supports reintegration into society, making it easier for formerly incarcerated individuals to establish their identity.
SB1192 EngrossedEnrolled LRB098 02592 RLC 32597 b AN ACT concerning criminal law.
The card shall be prepared and supplied by the SB1192 EngrossedEnrolled - 2 - LRB098 02592 RLC 32597 b Secretary of State and shall include a photograph and signature or mark of the applicant.
(b) The Secretary of State shall issue a special Illinois SB1192 EngrossedEnrolled - 3 - LRB098 02592 RLC 32597 b Identification Card, which shall be known as an Illinois Person with a Disability Identification Card, to any natural person who is a resident of the State of Illinois, who is a person with a disability as defined in Section 4A of this Act, who applies for such card, or renewal thereof.
If a mark is used SB1192 EngrossedEnrolled - 4 - LRB098 02592 RLC 32597 b in lieu of a signature, such mark shall be affixed to the card in the presence of two witnesses who attest to the authenticity of the mark.
Notwithstanding any other provisions of law, an Illinois Person with a Disability Identification Card, or evidence that the Secretary of State has issued an Illinois Person with a Disability Identification Card, shall not be used by any person other than the person named on such card to prove that the person named on such card is a disabled person or for any other SB1192 EngrossedEnrolled - 5 - LRB098 02592 RLC 32597 b purpose unless the card is used for the benefit of the person named on such card, and the person named on such card consents to such use at the time the card is so used.
SB1192 EngrossedEnrolled - 6 - LRB098 02592 RLC 32597 b (c-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including healthcare, education assistance, and job placement.
The Secretary of SB1192 EngrossedEnrolled - 7 - LRB098 02592 RLC 32597 b State shall charge no fee to issue such card.
Acceptance for treatment for drug addiction or alcoholism under the supervision of a designated SB1192 EngrossedEnrolled - 8 - LRB098 02592 RLC 32597 b program may be made a condition of parole or aftercare release, and failure to comply with such treatment may be treated as a violation of parole or aftercare release.
SB1192 EngrossedEnrolled - 9 - LRB098 02592 RLC 32597 b (20 ILCS 515/25) Sec.
These records and information include, without limitation, birth certificates, all relevant medical and mental health records, records of law enforcement agency investigations, records of coroner or medical examiner investigations, records of the Department of Corrections and Department of Juvenile Justice concerning a person's parole,parole or aftercare release, records of a probation and court services department, and records of a social services agency that provided services to the child or the child's family.
6-1-08.) SB1192 EngrossedEnrolled - 10 - LRB098 02592 RLC 32597 b Section 25.
(d) The term "criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, SB1192 EngrossedEnrolled - 11 - LRB098 02592 RLC 32597 b informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation, and release.
(a) Each felony sex offender sentenced by the court for a sex offense shall be required as a part of any sentence to probation, conditional release, or periodic imprisonment to undergo treatment based upon the recommendations of the evaluation made pursuant to Section 16 or based upon any SB1192 EngrossedEnrolled - 12 - LRB098 02592 RLC 32597 b subsequent recommendations by the Administrative Office of the Illinois Courts or the county probation department, whichever is appropriate.
(a) The Department shall provide to a review team, on the SB1192 EngrossedEnrolled - 13 - LRB098 02592 RLC 32597 b request of the review team chairperson, all records and information in the Department's possession that are relevant to the review team's review of a sexual assault or death described in subsection (b) of Section 20, including records and information concerning previous reports or investigations of suspected abuse or neglect.
These records and information include, without limitation, death certificates, all relevant medical and mental health records, records of law enforcement agency investigations, records of coroner or medical examiner investigations, records of the Department of Corrections and Department of Juvenile Justice concerning a person's parole,parole or aftercare release, records of a probation and court services department, and records of a social services agency that provided services to the resident.
(a) Any employee or agent of a public agency, any representative of a community legal services program or any SB1192 EngrossedEnrolled - 14 - LRB098 02592 RLC 32597 b other member of the general public shall be permitted access at reasonable hours to any individual resident of any facility, but only if there is neither a commercial purpose nor effect to such access and if the purpose is to do any of the following:
(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94-163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, SB1192 EngrossedEnrolled - 15 - LRB098 02592 RLC 32597 b aftercare release, or mandatory supervised release.
5-10-06.) SB1192 EngrossedEnrolled - 16 - LRB098 02592 RLC 32597 b Section 45.
SB1192 EngrossedEnrolled - 17 - LRB098 02592 RLC 32597 b (a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act or to verify compliance with applicable terms of probation, parole, aftercare release, or mandatory supervised release.
(d) Notwithstanding paragraph (a) of this Section, the administrator of a facility may refuse access to the facility to any person if the presence of that person in the facility would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the facility, or if the person seeks access to the facility for SB1192 EngrossedEnrolled - 18 - LRB098 02592 RLC 32597 b commercial purposes.
(3) Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance SB1192 EngrossedEnrolled - 19 - LRB098 02592 RLC 32597 b and social security benefits, as well as in all other matters in which residents are aggrieved.
SB1192 EngrossedEnrolled - 20 - LRB098 02592 RLC 32597 b (d) Notwithstanding paragraph (a) of this Section, the administrator of a facility may refuse access to the facility to any person if the presence of that person in the facility would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the facility, or if the person seeks access to the facility for commercial purposes.
Deposits to this Fund shall consist of all moneys received from the federal government for behavioral health services secured by counties pursuant to an agreement with the Department of Healthcare and Family Services with respect to Title XIX of the Social Security Act or under the Children's Health Insurance Program pursuant to the Children's Health Insurance Program Act SB1192 EngrossedEnrolled - 21 - LRB098 02592 RLC 32597 b and Title XXI of the Social Security Act for minors who are committed to mental health facilities by the Illinois court system and for residential placements secured by the Department of Juvenile Justice for minors as a condition of their aftercare release parole.
(a) The Secretary of Human Services shall provide to the independent team of experts, on the request of the team Chairperson, all records and information in the Department's possession that are relevant to the team's examination of a death of the sort described in subsection (c) of Section 10, including records and information concerning previous reports SB1192 EngrossedEnrolled - 22 - LRB098 02592 RLC 32597 b or investigations of any matter, as determined by the team.
(1) "Aftercare release" means the conditional and revocable release of an adjudicated delinquent juvenile committed to the Department of Juvenile Justice under the supervision of the Department of Juvenile Justice.
(1.5) (1) "Court" means the circuit court in a session or division assigned to hear proceedings under this Act, and SB1192 Enrolled - 23 - LRB098 02592 RLC 32597 b includes the term Juvenile Court.
SB1192 Engrossed - 23 - LRB098 02592 RLC 32597 b (2) "Community service" means uncompensated labor for a community service agency as hereinafter defined.
(5) "Detention" means the temporary care of a minor who is allegedSB1192 toEnrolled be- or24 has- beenLRB098 adjudicated02592 delinquentRLC and32597 whob SB1192alleged Engrossedto -be 24or -has LRB098been 02592adjudicated RLCdelinquent 32597and bwho requires secure custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment.
(8) "Juvenile justice continuum" means a set of delinquency prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by youth gangs, as well as intervention, rehabilitation, and prevention services targeted at minors who have committed delinquent acts, and minors who have previously been committed to residential treatment programs for SB1192 Enrolled - 25 - LRB098 02592 RLC 32597 b delinquents.
The term includes children-in-need-of-services SB1192 Engrossed - 25 - LRB098 02592 RLC 32597 b and families-in-need-of-services programs;
Non-secure custody may include, but is not limited to, electronic monitoring, foster home placement, home confinement, group home placement, or physical SB1192 EngrossedEnrolled - 26 - LRB098 02592 RLC 32597 b placement, home confinement, group home placement, or physical restriction of movement or activity solely through facility staff.
(15) "Site" means a not-for-profit organization, public body, church, charitable organization, or individual agreeing to accept community service from offenders and to report on the progress of ordered or required public or community service to theSB1192 courtEnrolled or- to27 the- authorizedLRB098 diversion02592 programRLC that32597 hasb SB1192the Engrossedcourt -or 27to -the LRB098authorized 02592diversion RLCprogram 32597that bhas referred the offender for public or community service.
and (b) commitment to the Department of Juvenile Justice is the least restrictive SB1192 EngrossedEnrolled - 28 - LRB098 02592 RLC 32597 b Department of Juvenile Justice is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to secure confinement.
(1.5) Before the court commits a minor to the Department of Juvenile Justice, the court must find reasonable efforts have SB1192 EngrossedEnrolled - 29 - LRB098 02592 RLC 32597 b Juvenile Justice, the court must find reasonable efforts have been made to prevent or eliminate the need for the minor to be removed from the home, or reasonable efforts cannot, at this time, for good cause, prevent or eliminate the need for removal, and removal from home is in the best interests of the minor, the minor's family, and the public.
(3) Except as provided in subsection (2), the commitment of a delinquent to the Department of Juvenile Justice shall be for an indeterminate term which shall automatically terminate upon the delinquent attaining the age of 21 years unless the delinquent is sooner discharged from aftercare release parole or custodianship is otherwise terminated in accordance with SB1192 Enrolled - 30 - LRB098 02592 RLC 32597 b this Act or as otherwise provided for by law.
SB1192 Engrossed - 30 - LRB098 02592 RLC 32597 b (3.5) Every delinquent minor committed to the Department of Juvenile Justice under this Act shall be eligible for aftercare release without regard to the length of time the minor has been confined or whether the minor has served any minimum term imposed.
Post-releaseAftercare aftercarerelease supervision shall be administered by the Department of Juvenile Justice, under the direction of the Director.
(6) Whenever the Department of Juvenile Justice lawfully SB1192 EngrossedEnrolled - 31 - LRB098 02592 RLC 32597 b (6) Whenever the Department of Juvenile Justice lawfully discharges from its custody and control a minor committed to it, the Director of Juvenile Justice shall petition the court for an order terminating his or her custodianship.
criminal sexual assault or aggravated SB1192 Enrolled - 32 - LRB098 02592 RLC 32597 b criminal sexual assault;
aggravated or heinous battery SB1192 Engrossed - 32 - LRB098 02592 RLC 32597 b involving permanent disability or disfigurement or great bodily harm to the victim;
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Trial on such petition shall be by jury unless SB1192 Enrolled - 33 - LRB098 02592 RLC 32597 b the minor demands, in open court and with advice of counsel, a SB1192 Engrossed - 33 - LRB098 02592 RLC 32597 b trial by the court without jury.
SB1192 Enrolled - 34 - LRB098 02592 RLC 32597 b The court shall then cause the minor to be brought before SB1192 Engrossed - 34 - LRB098 02592 RLC 32597 b it;
However, the minor shall be entitled to earn one day of good conduct credit SB1192 Enrolled - 35 - LRB098 02592 RLC 32597 b for each day served as reductions against the period of his SB1192 Engrossed - 35 - LRB098 02592 RLC 32597 b confinement.
and (2) The second offense occurred on or after January 1, SB1192 Enrolled - 36 - LRB098 02592 RLC 32597 b 1995.
SB1192 Engrossed - 36 - LRB098 02592 RLC 32597 b (b) Notice to minor.
No evidence or other disclosure of prior adjudications shall be presented to the court or jury during an adjudicatory hearing provided for under this Section unless otherwise permitted by the issues properly SB1192 Enrolled - 37 - LRB098 02592 RLC 32597 b raised in that hearing.
In the event the minor who is the SB1192 Engrossed - 37 - LRB098 02592 RLC 32597 b subject of these proceedings elects to testify on his or her own behalf, it shall be competent to introduce evidence, for purposes of impeachment, that he or she has previously been adjudicated a delinquent minor upon facts which, had the minor been tried as an adult, would have resulted in the minor's conviction of a felony or of any offense that involved dishonesty or false statement.
A duly authenticated copy of the record of any alleged prior adjudication shall be prima facie evidence of the prior adjudication or of any offense that involved dishonesty or SB1192 EngrossedEnrolled - 38 - LRB098 02592 RLC 32597 b adjudication or of any offense that involved dishonesty or false statement.
For purposes of determining good conduct credit, commitmentSB1192 asEnrolled a- Violent39 Juvenile- OffenderLRB098 shall02592 beRLC considered32597 ab SB1192commitment Engrossedas -a 39Violent -Juvenile LRB098Offender 02592shall RLCbe 32597considered ba determinate commitment, and the difference between the date of the commitment and the minor's 21st birthday shall be considered the determinate period of his or her confinement.
(b) A probation or supervising officer , or surveillance agent or aftercare specialist commits custodial sexual SB1192 EngrossedEnrolled - 40 - LRB098 02592 RLC 32597 b agent, or aftercare specialist commits custodial sexual misconduct when the probation or supervising officerofficer, or surveillance agentagent, or aftercare specialist engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent or workeremployee so engaging in the sexual conduct or sexual penetration.
(1) Any employee, probation or supervising officer, or surveillance agentagent, or aftercare specialist who is lawfully married to a person in custody if the marriage SB1192 Enrolled - 41 - LRB098 02592 RLC 32597 b occurred before the date of custody.
SB1192 Engrossed - 41 - LRB098 02592 RLC 32597 b (2) Any employee, probation or supervising officer, or surveillance agentagent, or aftercare specialist who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.
(2) "Penal system" means any system which includes institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home SB1192 Enrolled - 42 - LRB098 02592 RLC 32597 b Act.
SB1192 Engrossed - 42 - LRB098 02592 RLC 32597 b (2.1) "Treatment and detention facility" means any Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.
(iii) a contractual employee of a "treatment and detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision SB1192 EngrossedEnrolled - 43 - LRB098 02592 RLC 32597 b Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.
(a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity commits a SB1192 Enrolled - 44 - LRB098 02592 RLC 32597 b Class A misdemeanor.
SB1192 Engrossed - 44 - LRB098 02592 RLC 32597 b (a-5) In addition to any other sentence that may be imposed, a court shall order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional institution employee to be sentenced to a minimum of 48 consecutive hours of imprisonment or ordered to perform community service for not less than 100 hours as may be determined by the court.
and "firefighter" SB1192 Enrolled - 45 - LRB098 02592 RLC 32597 b means any individual, either as an employee or volunteer, of a SB1192 Engrossed - 45 - LRB098 02592 RLC 32597 b regularly constituted fire department of a municipality or fire protection district who performs fire fighting duties, including, but not limited to, the fire chief, assistant fire chief, captain, engineer, driver, ladder person, hose person, pipe person, and any other member of a regularly constituted fire department.
however, a person convicted of a felony, or adjudicated delinquent for an act SB1192 Enrolled - 46 - LRB098 02592 RLC 32597 b which, if committed by an adult, would constitute a felony, who SB1192 Engrossed - 46 - LRB098 02592 RLC 32597 b knowingly fails to report to a penal institution or to report for periodic imprisonment at any time or knowingly fails to return from furlough or from work and day release or who knowingly fails to abide by the terms of home confinement is guilty of a Class 3 felony.
(c) A person in the lawful custody of a peace officer for SB1192 Enrolled - 47 - LRB098 02592 RLC 32597 b the alleged commission of a felony offense or an act which, if SB1192 Engrossed - 47 - LRB098 02592 RLC 32597 b committed by an adult, would constitute a felony, and who intentionally escapes from custody commits a Class 2 felony;
31-7) SB1192 Enrolled - 48 - LRB098 02592 RLC 32597 b Sec.
SB1192 Engrossed - 48 - LRB098 02592 RLC 32597 b (a) Whoever, with intent to aid any prisoner in escaping from any penal institution, conveys into the institution or transfers to the prisoner anything for use in escaping commits a Class A misdemeanor.
however, whoever knowingly aids a person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in SB1192 Enrolled - 49 - LRB098 02592 RLC 32597 b failing to return from furlough or from work and day release is SB1192 Engrossed - 49 - LRB098 02592 RLC 32597 b guilty of a Class B misdemeanor.
(f-6) With respect to a person who is in the lawful custody of a peace officer for an alleged violation of a term or condition of supervision, probation, or conditional discharge SB1192 EngrossedEnrolled - 50 - LRB098 02592 RLC 32597 b condition of supervision, probation, or conditional discharge for a misdemeanor, whoever intentionally aids that person to escape from that custody is guilty of a Class A misdemeanor.
(iii) "Controlled substance" as that term is defined in SB1192 Enrolled - 51 - LRB098 02592 RLC 32597 b the Illinois Controlled Substances Act.
SB1192 Engrossed - 51 - LRB098 02592 RLC 32597 b (iii-a) "Methamphetamine" as that term is defined in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
or (C) any device used exclusively for the firing of stud cartridges, explosive rivets or industrial SB1192 Enrolled - 52 - LRB098 02592 RLC 32597 b ammunition;
or SB1192 Engrossed - 52 - LRB098 02592 RLC 32597 b (D) any device which is powered by electrical charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him or her incapable of normal functioning, commonly referred to as a stun gun or taser.
(ix) "Tool to defeat security mechanisms" means, but is not limited to, handcuff or security restraint key, tool SB1192 EngrossedEnrolled - 53 - LRB098 02592 RLC 32597 b not limited to, handcuff or security restraint key, tool designed to pick locks, popper, or any device or instrument used to or capable of unlocking or preventing from locking any handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
"Penal institution" means any penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half-way house or other institution or place forSB1192 theEnrolled incarceration- or54 custody- ofLRB098 persons02592 underRLC sentence32597 b for SB1192the Engrossedincarceration -or 54custody -of LRB098persons 02592under RLCsentence 32597for b offenses awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, a violation of aftercare release, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing;
The court may require as a condition of probation that the probationer enter an approved treatment program, if the court determines that the probationer is addicted to a SB1192 Enrolled - 55 - LRB098 02592 RLC 32597 b controlled substance.
Whenever the Parole and Pardon Board SB1192 Engrossed - 55 - LRB098 02592 RLC 32597 b grants parole or aftercare release to a person whom the Board has reason to believe has been an unlawful possessor or addict of controlled substances, the Board shall require as a condition of parole that the parolee or aftercare releasee submit to appropriate periodic chemical tests by the Department of Corrections or the Department of Juvenile Justice to determine whether the parolee or aftercare releasee is using controlled substances.
"Parole" means the conditional and revocable release of a person committed to the Department of Corrections person under SB1192 EngrossedEnrolled - 56 - LRB098 02592 RLC 32597 b person committed to the Department of Corrections person under the supervision of a paroling authority.
If a defendant is taken into custody a second (or subsequent) time for the same SB1192 Enrolled - 57 - LRB098 02592 RLC 32597 b offense, the term will begin again at day zero.
SB1192 Engrossed - 57 - LRB098 02592 RLC 32597 b (b) Every person on bail or recognizance shall be tried by the court having jurisdiction within 160 days from the date defendant demands trial unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13 of this Act, by a fitness hearing, by an adjudication of unfitness to stand trial, by a continuance allowed pursuant to Section 114-4 of this Act after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal.
(c) If the court determines that the State has exercised without success due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later day the court may SB1192 Enrolled - 58 - LRB098 02592 RLC 32597 b continue the cause on application of the State for not more SB1192 Engrossed - 58 - LRB098 02592 RLC 32597 b than an additional 60 days.
Such person shall be tried upon all of the remaining charges thus pending within 160 days from the date on which judgment relative to the first charge thus prosecuted is rendered pursuant to the Unified Code of Corrections or, if such trial upon such first charge is terminated without judgment and there is no subsequent trial of, or adjudication of guilt after waiver of trial of, such first charge within a SB1192 Enrolled - 59 - LRB098 02592 RLC 32597 b reasonable time, the person shall be tried upon all of the SB1192 Engrossed - 59 - LRB098 02592 RLC 32597 b remaining charges thus pending within 160 days from the date on which such trial is terminated;
Where such delay occurs within 21 days of the end of the period within which a person shall be tried as prescribed SB1192 Enrolled - 60 - LRB098 02592 RLC 32597 b by subsections (a), (b), or (e) of this Section, the court may SB1192 Engrossed - 60 - LRB098 02592 RLC 32597 b continue the cause on application of the State for not more than an additional 21 days beyond the period prescribed by subsections (a), (b), or (e).
(a) In determining the amount of monetary bail or conditions of release, if any, which will reasonably assure the appearance of a defendant as required or the safety of any other person or the community and the likelihood of compliance by the defendant with all the conditions of bail, the court shall, on the basis of available information, take into account such matters as the nature and circumstances of the offense charged, whether the evidence shows that as part of the offense there was a use of violence or threatened use of violence, whether the offense involved corruption of public officials or employees, whether there was physical harm or threats of physical harm to any public official, public employee, judge, prosecutor, juror or witness, senior citizen, child or handicapped person, whether evidence shows that during the offense or during the arrest the defendant possessed or used a firearm, machine gun, explosive or metal piercing ammunition or SB1192 EngrossedEnrolled - 61 - LRB098 02592 RLC 32597 b firearm, machine gun, explosive or metal piercing ammunition or explosive bomb device or any military or paramilitary armament, whether the evidence shows that the offense committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, the condition of the victim, any written statement submitted by the victim or proffer or representation by the State regarding the impact which the alleged criminal conduct has had on the victim and the victim's concern, if any, with further contact with the defendant if released on bail, whether the offense was based on racial, religious, sexual orientation or ethnic hatred, the likelihood of the filing of a greater charge, the likelihood of conviction, the sentence applicable upon conviction, the weight of the evidence against such defendant, whether there exists motivation or ability to flee, whether there is any verification as to prior residence, education, or family ties in the local jurisdiction, in another county, state or foreign country, the defendant's employment, financial resources, character and mental condition, past conduct, prior use of alias names or dates of birth, and length of residence in the community, the consent of the defendant to periodic drug testing in accordance with Section 110-6.5, whether a foreign national defendant is lawfully admitted in the United States of America, whether the government of the foreign national maintains an extradition treaty with the United States by which SB1192 Enrolled - 62 - LRB098 02592 RLC 32597 b the foreign government will extradite to the United States its SB1192 Engrossed - 62 - LRB098 02592 RLC 32597 b national for a trial for a crime allegedly committed in the United States, whether the defendant is currently subject to deportation or exclusion under the immigration laws of the United States, whether the defendant, although a United States citizen, is considered under the law of any foreign state a national of that state for the purposes of extradition or non-extradition to the United States, the amount of unrecovered proceeds lost as a result of the alleged offense, the source of bail funds tendered or sought to be tendered for bail, whether from the totality of the court's consideration, the loss of funds posted or sought to be posted for bail will not deter the defendant from flight, whether the evidence shows that the defendant is engaged in significant possession, manufacture, or delivery of a controlled substance or cannabis, either individually or in consort with others, whether at the time of the offense charged he or she was on bond or pre-trial release pending trial, probation, periodic imprisonment or conditional discharge pursuant to this Code or the comparable Code of any other state or federal jurisdiction, whether the defendant is on bond or pre-trial release pending the imposition or execution of sentence or appeal of sentence for any offense under the laws of Illinois or any other state or federal jurisdiction, whether the defendant is under parole, aftercare release, or mandatory supervised releaserelease, or work release from the Illinois Department of Corrections or anyIllinois penalDepartment institutionSB1192 orEnrolled corrections- department63 - LRB098 02592 RLC 32597 b of anyJuvenile stateJustice or federalany jurisdiction,penal SB1192institution Engrossedor -corrections 63department -of LRB098any 02592state RLCor 32597federal bjurisdiction, the defendant's record of convictions, whether the defendant has been convicted of a misdemeanor or ordinance offense in Illinois or similar offense in other state or federal jurisdiction within the 10 years preceding the current charge or convicted of a felony in Illinois, whether the defendant was convicted of an offense in another state or federal jurisdiction that would be a felony if committed in Illinois within the 20 years preceding the current charge or has been convicted of such felony and released from the penitentiary within 20 years preceding the current charge if a penitentiary sentence was imposed in Illinois or other state or federal jurisdiction, the defendant's records of juvenile adjudication of delinquency in any jurisdiction, any record of appearance or failure to appear by the defendant at court proceedings, whether there was flight to avoid arrest or prosecution, whether the defendant escaped or attempted to escape to avoid arrest, whether the defendant refused to identify himself or herself, or whether there was a refusal by the defendant to be fingerprinted as required by law.
All evidence shall be admissible if it is relevant and reliable regardless of whether it would be admissible under the rules of evidence SB1192 Enrolled - 64 - LRB098 02592 RLC 32597 b applicable at criminal trials.
If the State presents evidence that the offense committed by the defendant was related to or SB1192 Engrossed - 64 - LRB098 02592 RLC 32597 b in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, and if the court determines that the evidence may be substantiated, the court shall prohibit the defendant from associating with other members of the organized gang as a condition of bail or release.
(4) When a person is charged with a drug related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defined SB1192 Enrolled - 65 - LRB098 02592 RLC 32597 b in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and SB1192 Engrossed - 65 - LRB098 02592 RLC 32597 b Community Protection Act, the full street value of the drugs seized shall be considered.
and (2) the source of any money or property deposited by any surety, and whether any such money or property SB1192 Enrolled - 66 - LRB098 02592 RLC 32597 b constitutes the fruits of criminal or unlawful conduct;
and (3) the source of any money posted as cash bail, and SB1192 Engrossed - 66 - LRB098 02592 RLC 32597 b whether any such money constitutes the fruits of criminal or unlawful conduct;
(e) The State may appeal any order granting bail or setting SB1192 Enrolled - 67 - LRB098 02592 RLC 32597 b a given amount for bail.
(f) When a person is charged with a violation of an order SB1192 Engrossed - 67 - LRB098 02592 RLC 32597 b of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, (1) whether the alleged incident involved harassment or abuse, as defined in the Illinois Domestic Violence Act of 1986;
SB1192 Enrolled - 68 - LRB098 02592 RLC 32597 b (9) whether a separation of the person from the alleged victim or a termination of the relationship between the SB1192 Engrossed - 68 - LRB098 02592 RLC 32597 b person and the alleged victim has recently occurred or is pending;
Based on the information collected from the 12 points to be considered at a bail hearing for a violation of an order of protection, the results of any risk evaluation conducted and the other circumstances of the violation, the court may order that the person, as a condition of bail, be placed under SB1192 Enrolled - 69 - LRB098 02592 RLC 32597 b electronic surveillance as provided in Section 5-8A-7 of the Unified Code of Corrections.
SB1192 Engrossed - 69 - LRB098 02592 RLC 32597 b (Source:
SB1192 Enrolled - 70 - LRB098 02592 RLC 32597 b A continuance on motion of the defendant may not exceed 5 calendar days, and a continuance on the motion of the State SB1192 Engrossed - 70 - LRB098 02592 RLC 32597 b may not exceed 3 calendar days.
(1) The hearing on the defendant's culpability and dangerousness shall be conducted in accordance with the SB1192 Enrolled - 71 - LRB098 02592 RLC 32597 b following provisions:
(A) Information used by the court in its findings SB1192 Engrossed - 71 - LRB098 02592 RLC 32597 b or stated in or offered at such hearing may be by way of proffer based upon reliable information offered by the State or by defendant.
The State shall tender to the defendant, prior to the hearing, SB1192 Enrolled - 72 - LRB098 02592 RLC 32597 b copies of defendant's criminal history, if any, if available, and any written or recorded statements and SB1192 Engrossed - 72 - LRB098 02592 RLC 32597 b the substance of any oral statements made by any person, if relied upon by the State in its petition.
The court may, in determining whether the SB1192 Enrolled - 73 - LRB098 02592 RLC 32597 b defendant poses a real and present threat to the physical safety of any person or persons, consider but shall not be SB1192 Engrossed - 73 - LRB098 02592 RLC 32597 b limited to evidence or testimony concerning:
SB1192 Enrolled - 74 - LRB098 02592 RLC 32597 b (6) Whether the defendant is known to possess or have access to any weapon or weapons;
SB1192 Engrossed - 74 - LRB098 02592 RLC 32597 b (7) Whether, at the time of the current offense or any other offense or arrest, the defendant was on probation, parole, aftercare release, mandatory supervised release or other release from custody pending trial, sentencing, appeal or completion of sentence for an offense under federal or state law;
and (4) direct that the sheriff deliver the defendant as SB1192 Enrolled - 75 - LRB098 02592 RLC 32597 b required for appearances in connection with court proceedings.
SB1192 Engrossed - 75 - LRB098 02592 RLC 32597 b (f) If the court enters an order for the detention of the defendant pursuant to subsection (e) of this Section, the defendant shall be brought to trial on the offense for which he is detained within 90 days after the date on which the order for detention was entered.
(a) Upon verified petition by the State, the court shall SB1192 Enrolled - 76 - LRB098 02592 RLC 32597 b hold a hearing to determine whether bail should be denied to a defendant who is charged with stalking or aggravated stalking, SB1192 Engrossed - 76 - LRB098 02592 RLC 32597 b when it is alleged that the defendant's admission to bail poses a real and present threat to the physical safety of the alleged victim of the offense, and denial of release on bail or personal recognizance is necessary to prevent fulfillment of the threat upon which the charge is based.
however, the defendant may be held in custody during the continuance under this provision if the defendant has been previously found to have violated an order of protection or has been previously convicted of, or granted court supervision for, any of the offenses set forth in Sections 11-1.20, 11-1.30, SB1192 Enrolled - 77 - LRB098 02592 RLC 32597 b 11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 SB1192 Engrossed - 77 - LRB098 02592 RLC 32597 b or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, against the same person as the alleged victim of the stalking or aggravated stalking offense.
SB1192 Enrolled - 78 - LRB098 02592 RLC 32597 b (A) Information used by the court in its findings or stated in or offered at the hearing may be by way of SB1192 Engrossed - 78 - LRB098 02592 RLC 32597 b proffer based upon reliable information offered by the State or by defendant.
The State shall tender to the defendant, prior to the hearing, copies of defendant's criminal history, if any, if SB1192 Enrolled - 79 - LRB098 02592 RLC 32597 b available, and any written or recorded statements and the substance of any oral statements made by any SB1192 Engrossed - 79 - LRB098 02592 RLC 32597 b person, if relied upon by the State.
SB1192 Enrolled - 80 - LRB098 02592 RLC 32597 b shall be supported by clear and convincing evidence presented by the State.
SB1192 Engrossed - 80 - LRB098 02592 RLC 32597 b (d) Factors to be considered in making a determination of the threat to the alleged victim of the offense.
(4) Any statements made by, or attributed to the defendant, together with the circumstances surrounding SB1192 Enrolled - 81 - LRB098 02592 RLC 32597 b them;
(5) The age and physical condition of any person SB1192 Engrossed - 81 - LRB098 02592 RLC 32597 b assaulted by the defendant;
(3) direct that the defendant be given a reasonable opportunity for private consultation with counsel, and for SB1192 Enrolled - 82 - LRB098 02592 RLC 32597 b communication with others of his choice by visitation, mail and telephone;
and SB1192 Engrossed - 82 - LRB098 02592 RLC 32597 b (4) direct that the sheriff deliver the defendant as required for appearances in connection with court proceedings.
SB1192 Enrolled - 83 - LRB098 02592 RLC 32597 b 1-1-13;
1-25-13.) SB1192 Engrossed - 83 - LRB098 02592 RLC 32597 b (725 ILCS 5/112A-2) (from Ch.
SB1192 Enrolled - 84 - LRB098 02592 RLC 32597 b (c) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty SB1192 Engrossed - 84 - LRB098 02592 RLC 32597 b shall not require dismissal of the action for the order of protection;
A plenary order of protection entered in conjunction with a SB1192 Enrolled - 85 - LRB098 02592 RLC 32597 b criminal prosecution shall remain in effect as follows:
(1) if entered during pre-trial release, until SB1192 Engrossed - 85 - LRB098 02592 RLC 32597 b disposition, withdrawal, or dismissal of the underlying charge;
When a plenary order of protection expires upon the occurrence of a specified event, SB1192 Enrolled - 86 - LRB098 02592 RLC 32597 b rather than upon a specified date as provided in subsection (b), no expiration date shall be entered in Department of State SB1192 Engrossed - 86 - LRB098 02592 RLC 32597 b Police records.
Any order of protection which would expire on a court holiday shall instead expire at the close of SB1192 Enrolled - 87 - LRB098 02592 RLC 32597 b the next court business day.
The practice of dismissing or SB1192 Engrossed - 87 - LRB098 02592 RLC 32597 b suspending a criminal prosecution in exchange for issuing an order of protection undermines the purposes of this Article.
If the order was issued in accordance with subsection (c) of Section 112A-17, the clerk shall on the next court day, file a certified copy of the order with the Sheriff or other law enforcement officials charged SB1192 Enrolled - 88 - LRB098 02592 RLC 32597 b with maintaining Department of State Police records.
If the respondent, at the time of the issuance of the order, is SB1192 Engrossed - 88 - LRB098 02592 RLC 32597 b committed to the custody of the Illinois Department of Corrections or Illinois Department of Juvenile Justice or is on parole, aftercare release, or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Department of State Police records shall notify the Department of Corrections or Department of Juvenile Justice within 48 hours of receipt of a copy of the order of protection from the clerk of the issuing judge or the petitioner.
Such notice shall include the name of the respondent, the respondent's IDOC inmate number or IDJJ inmateyouth identification number, the respondent's date of birth, and the LEADS Record Index Number.
If process has not yet been served upon the respondent, it shall be served with the order or short form notification if such service is made by the SB1192 Enrolled - 89 - LRB098 02592 RLC 32597 b sheriff, other law enforcement official, or special process server.
(c-5) If the person against whom the order of protection is SB1192 Engrossed - 89 - LRB098 02592 RLC 32597 b issued is arrested and the written order is issued in accordance with subsection (c) of Section 112A-17 and received by the custodial law enforcement agency before the respondent or arrestee is released from custody, the custodial law enforcement agent shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is released from custody.
After receiving a certified copy of an order of protection that prohibits a respondent's access to records, no SB1192 Enrolled - 90 - LRB098 02592 RLC 32597 b health care facility or health care practitioner shall allow a respondent access to the records of any child who is a protected person under the order of protection, or release SB1192 Engrossed - 90 - LRB098 02592 RLC 32597 b information in those records to the respondent, unless the order has expired or the respondent shows a certified copy of the court order vacating the corresponding order of protection that was sent to the health care facility or practitioner.
Upon the request of the petitioner, within 24 hours of the issuance of an order of protection, the clerk of the issuing judge shall send a certified copy of the order of protection to the day-care facility, pre-school or pre-kindergarten, or private school or the principal office of the public school district or any college or university in which any child who is a protected person under the order of protection or any child of the petitioner is enrolled as SB1192 Enrolled - 91 - LRB098 02592 RLC 32597 b requested by the petitioner at the mailing address provided by the petitioner.
If the child transfers enrollment to another day-care facility, pre-school, pre-kindergarten, private SB1192 Engrossed - 91 - LRB098 02592 RLC 32597 b school, public school, college, or university, the petitioner may, within 24 hours of the transfer, send to the clerk written notice of the transfer, including the name and address of the institution to which the child is transferring.
When a child who is a protected person under the order of protection transfers to another day-care facility, pre-school, pre-kindergarten, public or private school, college, or university, the institution from which the child is transferring may, at the request of the petitioner, provide, SB1192 Enrolled - 92 - LRB098 02592 RLC 32597 b within 24 hours of the transfer, written notice of the order of protection, along with a certified copy of the order, to the institution to which the child is transferring.
SB1192 Engrossed - 92 - LRB098 02592 RLC 32597 b (Source:
(8) The conditions that apply to the respondent, either SB1192 Enrolled - 93 - LRB098 02592 RLC 32597 b in checklist form or handwritten.
(b) The short form notification must contain the following SB1192 Engrossed - 93 - LRB098 02592 RLC 32597 b notice in bold print:
SB1192 Enrolled - 94 - LRB098 02592 RLC 32597 b (725 ILCS 120/3) (from Ch.
SB1192 Engrossed - 94 - LRB098 02592 RLC 32597 b (a) "Crime victim" and "victim" mean (1) a person physically injured in this State as a result of a violent crime perpetrated or attempted against that person or (2) a person who suffers injury to or loss of property as a result of a violent crime perpetrated or attempted against that person or (3) a single representative who may be the spouse, parent, child or sibling of a person killed as a result of a violent crime perpetrated against the person killed or the spouse, parent, child or sibling of any person granted rights under this Act who is physically or mentally incapable of exercising such rights, except where the spouse, parent, child or sibling is also the defendant or prisoner or (4) any person against whom a violent crime has been committed or (5) any person who has suffered personal injury as a result of a violation of Section 11-501 of the Illinois Vehicle Code, or of a similar provision of a local ordinance, or of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or (6) in proceedings under the Juvenile Court Act of 1987, both parents, legal guardians, foster parents, or a single adult representative of a minor or disabled person who is a crime victim.
(b) "Witness" means any person who personally observed the commission of a violent crime and who will testify on behalf of SB1192 Enrolled - 95 - LRB098 02592 RLC 32597 b the State of Illinois in the criminal prosecution of the violent crime.
(c) "Violent Crime" means any felony in which force or SB1192 Engrossed - 95 - LRB098 02592 RLC 32597 b threat of force was used against the victim, or any offense involving sexual exploitation, sexual conduct or sexual penetration, or a violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of 2012, domestic battery, violation of an order of protection, stalking, or any misdemeanor which results in death or great bodily harm to the victim or any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, if the violation resulted in personal injury or death, and includes any action committed by a juvenile that would be a violent crime if committed by an adult.
SB1192 Enrolled - 96 - LRB098 02592 RLC 32597 b (e) "Court proceedings" includes the preliminary hearing, any hearing the effect of which may be the release of the defendant from custody or to alter the conditions of bond, the SB1192 Engrossed - 96 - LRB098 02592 RLC 32597 b trial, sentencing hearing, notice of appeal, any modification of sentence, probation revocation hearings, aftercare release,release or parole hearings.
(a-5) When law enforcement authorities re-open a closed SB1192 Enrolled - 97 - LRB098 02592 RLC 32597 b case to resume investigating, they shall provide notice of the re-opening of the case, except where the State's Attorney determines that disclosure of such information would SB1192 Engrossed - 97 - LRB098 02592 RLC 32597 b unreasonably interfere with the investigation.
(5) or victim advocate personnel shall provide appropriate employer intercession services to ensure that SB1192 Enrolled - 98 - LRB098 02592 RLC 32597 b employers of victims will cooperate with the criminal justice system in order to minimize an employee's loss of pay and other benefits resulting from court appearances;
SB1192 Engrossed - 98 - LRB098 02592 RLC 32597 b (6) shall provide information whenever possible, of a secure waiting area during court proceedings that does not require victims to be in close proximity to defendant or juveniles accused of a violent crime, and their families and friends;
(9) shall inform the victim of the right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim's choice, and the right to retain an attorney, at the victim's own expense, who, upon written notice filed with the clerk of the court and State's Attorney, is to SB1192 Enrolled - 99 - LRB098 02592 RLC 32597 b receive copies of all notices, motions and court orders filed thereafter in the case, in the same manner as if the victim were a named party in the case;
SB1192 Engrossed - 99 - LRB098 02592 RLC 32597 b (10) at the sentencing hearing shall make a good faith attempt to explain the minimum amount of time during which the defendant may actually be physically imprisoned.
The crime victim shall also be notified of the cancellation of the court proceeding in sufficient SB1192 Enrolled - 100 - LRB098 02592 RLC 32597 b time, wherever possible, to prevent an unnecessary appearance in court;
(2) provide notice within a reasonable time after SB1192 Engrossed - 100 - LRB098 02592 RLC 32597 b receipt of notice from the custodian, of the release of the defendant on bail or personal recognizance or the release from detention of a minor who has been detained for a violent crime;
(7) provide notice of any request for post-conviction review filed by the defendant under Article 122 of the Code of Criminal Procedure of 1963, and of the date, time and SB1192 Enrolled - 101 - LRB098 02592 RLC 32597 b place of any hearing concerning the petition.
(8) forward a copy of any statement presented under SB1192 Engrossed - 101 - LRB098 02592 RLC 32597 b Section 6 to the Prisoner Review Board to be considered by the Board in making its determination under subsection (b) of Section 3-3-8 of the Unified Code of Corrections.
Notification shall be based on the most recent information as to victim's or other concerned SB1192 Enrolled - 102 - LRB098 02592 RLC 32597 b citizen's residence or other location available to the notifying authority.
(2) When the defendant has been committed to the Department SB1192 Engrossed - 102 - LRB098 02592 RLC 32597 b of Human Services pursuant to Section 5-2-4 or any other provision of the Unified Code of Corrections, the victim may request to be notified by the releasing authority of the approval by the court of an on-grounds pass, a supervised off-grounds pass, an unsupervised off-grounds pass, or conditional release;
When the escapee is apprehended, the Department of Corrections or the Department of SB1192 Enrolled - 103 - LRB098 02592 RLC 32597 b Juvenile Justice immediately shall notify the Prisoner Review Board and the Board shall notify the victim.
(4) The victim of the crime for which the prisoner has been SB1192 Engrossed - 103 - LRB098 02592 RLC 32597 b sentenced shall receive reasonable written notice not less than 30 days prior to the parole or aftercare release hearing interview and may submit, in writing, on film, videotape or other electronic means or in the form of a recording or in person at the parole or aftercare release hearing interview or if a victim of a violent crime, by calling the toll-free number established in subsection (f) of this Section, information for consideration by the Prisoner Review Board.
(6) At the written request of the victim of the crime for which the prisoner was sentenced or the State's Attorney of the county where the person seeking parole or aftercare release was prosecuted, the Prisoner Review Board shall notify the victim and the State's Attorney of the county where the person seeking SB1192 Enrolled - 104 - LRB098 02592 RLC 32597 b parole or aftercare release was prosecuted of the death of the prisoner if the prisoner died while on parole or aftercare release or mandatory supervised release.
SB1192 Engrossed - 104 - LRB098 02592 RLC 32597 b (7) When a defendant who has been committed to the Department of Corrections, the Department of Juvenile Justice, or the Department of Human Services is released or discharged and subsequently committed to the Department of Human Services as a sexually violent person and the victim had requested to be notified by the releasing authority of the defendant's discharge, conditional release, death, or escape from State custody, the releasing authority shall provide to the Department of Human Services such information that would allow the Department of Human Services to contact the victim.
The notification shall be made to the victim at least 30 days, whenever SB1192 Enrolled - 105 - LRB098 02592 RLC 32597 b possible, before release of the sex offender.
(e) The officials named in this Section may satisfy some or all of their obligations to provide notices and other SB1192 Engrossed - 105 - LRB098 02592 RLC 32597 b information through participation in a statewide victim and witness notification system established by the Attorney General under Section 8.5 of this Act.
(1) to be notified by the Office of the State's SB1192 Enrolled - 106 - LRB098 02592 RLC 32597 b Attorney of all court proceedings at which the witness' presence is required in a reasonable amount of time prior to the proceeding, and to be notified of the cancellation SB1192 Engrossed - 106 - LRB098 02592 RLC 32597 b of any scheduled court proceeding in sufficient time to prevent an unnecessary appearance in court, where possible;
(1) receive notice from the office of the State's SB1192 Enrolled - 107 - LRB098 02592 RLC 32597 b Attorney of any request for post-conviction review filed by the defendant under Article 122 of the Code of Criminal Procedure of 1963, and of the date, time, and place of any SB1192 Engrossed - 107 - LRB098 02592 RLC 32597 b hearing concerning the petition for post-conviction review;
1-1-09.) SB1192 Enrolled - 108 - LRB098 02592 RLC 32597 b Section 90.
SB1192 Engrossed - 108 - LRB098 02592 RLC 32597 b (725 ILCS 190/3) (from Ch.
When a criminal sexual offense is committed or alleged to have been committed by a school district employee or any individual contractually employed by a school district, a copy of the criminal history record information relating to the investigation of the offense or alleged offense shall be SB1192 Enrolled - 109 - LRB098 02592 RLC 32597 b transmitted to the superintendent of schools of the district immediately upon request or if the law enforcement agency knows that a school district employee or any individual contractually SB1192 Engrossed - 109 - LRB098 02592 RLC 32597 b employed by a school district has committed or is alleged to have committed a criminal sexual offense, the superintendent of schools of the district shall be immediately provided a copy of the criminal history record information.
(iv) records that are otherwise available under State SB1192 Enrolled - 110 - LRB098 02592 RLC 32597 b or local law;
or (v) records in which the requesting party is the individual identified, except as provided under part (vii) SB1192 Engrossed - 110 - LRB098 02592 RLC 32597 b of paragraph (c) of subsection (1) of Section 7 of the Freedom of Information Act.
(1) The Attorney General on his or her own motion, after consulting with and advising the State's Attorney of the county in which the person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of or not responsible for a sexually violent offense by reason of insanity, SB1192 Enrolled - 111 - LRB098 02592 RLC 32597 b mental disease, or mental defect;
or (2) The State's Attorney of the county referenced in paragraph (1)(a)(1) of this Section, on his or her own SB1192 Engrossed - 111 - LRB098 02592 RLC 32597 b motion;
SB1192 Enrolled - 112 - LRB098 02592 RLC 32597 b (2) (Blank).
SB1192 Engrossed - 112 - LRB098 02592 RLC 32597 b (5) The person is dangerous to others because the person's mental disorder creates a substantial probability that he or she will engage in acts of sexual violence.
(b-7) A person convicted of a sexually violent offense SB1192 Enrolled - 113 - LRB098 02592 RLC 32597 b remains eligible for commitment as a sexually violent person pursuant to this Act under the following circumstances:
(1) the person is in custody for a sentence that is being served SB1192 Engrossed - 113 - LRB098 02592 RLC 32597 b concurrently or consecutively with a sexually violent offense;
(1) The circuit court for the county in which the SB1192 Enrolled - 114 - LRB098 02592 RLC 32597 b person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of a sexually violent offense by reason of SB1192 Engrossed - 114 - LRB098 02592 RLC 32597 b insanity, mental disease or mental defect.
1-1-11.) SB1192 Enrolled - 115 - LRB098 02592 RLC 32597 b (725 ILCS 207/30) Sec.
SB1192 Engrossed - 115 - LRB098 02592 RLC 32597 b (a) Upon the filing of a petition under Section 15 of this Act, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition.
If the person named in the petition is in custody, the court shall hold the probable cause hearing within 72 hours after the petition is filed, SB1192 Enrolled - 116 - LRB098 02592 RLC 32597 b excluding Saturdays, Sundays and legal holidays.
The court may grant a continuance of the probable cause hearing for no more than 7 additional days upon the motion of the respondent, for SB1192 Engrossed - 116 - LRB098 02592 RLC 32597 b good cause.
Notwithstanding the provisions of Section 10 of the Mental SB1192 Enrolled - 117 - LRB098 02592 RLC 32597 b Health and Developmental Disabilities Confidentiality Act, all evaluations conducted pursuant to this Act and all Illinois Department of Corrections treatment records shall be SB1192 Engrossed - 117 - LRB098 02592 RLC 32597 b admissible at all proceedings held pursuant to this Act, including the probable cause hearing and the trial.
SB1192 Enrolled - 118 - LRB098 02592 RLC 32597 b (b)(1) The court shall enter an initial commitment order under this Section pursuant to a hearing held as soon as practicable after the judgment is entered that the person who SB1192 Engrossed - 118 - LRB098 02592 RLC 32597 b is the subject of a petition under Section 15 is a sexually violent person.
In determining whether commitment shall be for institutional care in a secure facility or for conditional release, the court shall consider the nature and circumstances of the behavior that was the basis of the allegation in the petition under SB1192 Enrolled - 119 - LRB098 02592 RLC 32597 b paragraph (b)(1) of Section 15, the person's mental history and present mental condition, and what arrangements are available to ensure that the person has access to and will participate in SB1192 Engrossed - 119 - LRB098 02592 RLC 32597 b necessary treatment.
The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for conditional release, unless SB1192 Enrolled - 120 - LRB098 02592 RLC 32597 b the Department and the person to be released request additional time to develop the plan.
The conditional release program operated under this Section is not subject to the provisions of SB1192 Engrossed - 120 - LRB098 02592 RLC 32597 b the Mental Health and Developmental Disabilities Confidentiality Act.
At any time during which the person is on conditional SB1192 Enrolled - 121 - LRB098 02592 RLC 32597 b release, if the Department determines that the person has violated any condition or rule, or that the safety of others requires that conditional release be revoked, the Department SB1192 Engrossed - 121 - LRB098 02592 RLC 32597 b may request the Attorney General or State's Attorney to request the court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody and transport the person to the county jail.
The State has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of others SB1192 Enrolled - 122 - LRB098 02592 RLC 32597 b requires that the conditional release be revoked.
If the court determines after hearing that any rule or condition of release has been violated, or that the safety of others requires that SB1192 Engrossed - 122 - LRB098 02592 RLC 32597 b conditional release be revoked, it may revoke the order for conditional release and order that the released person be placed in an appropriate institution until the person is discharged from the commitment under Section 65 of this Act or until again placed on conditional release under Section 60 of this Act.
(D) 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 SB1192 Enrolled - 123 - LRB098 02592 RLC 32597 b and approval of the Department;
(E) at the direction of the Department, notify third parties of the risks that may be occasioned by his or her SB1192 Engrossed - 123 - LRB098 02592 RLC 32597 b criminal record or sexual offending history or characteristics, and permit the supervising officer or agent to make the notification requirement;
(J) submit to the search of his or her person, SB1192 Enrolled - 124 - LRB098 02592 RLC 32597 b residence, vehicle, or any personal or real property under his or her control at any time by the Department;
(K) financially support his or her dependents and SB1192 Engrossed - 124 - LRB098 02592 RLC 32597 b provide the Department access to any requested financial information;
The terms may include consideration of the purpose of the entry, the time of day, others accompanying the person, and SB1192 Enrolled - 125 - LRB098 02592 RLC 32597 b advance approval by the Department;
(O) refrain from having any contact, including written or oral communications, directly or indirectly, with SB1192 Engrossed - 125 - LRB098 02592 RLC 32597 b certain specified persons including, but not limited to, the victim or the victim's family, and report any incidental contact with the victim or the victim's family to the Department within 72 hours;
SB1192 Enrolled - 126 - LRB098 02592 RLC 32597 b (S) not establish a dating, intimate, or sexual relationship with a person without prior written notification to the Department;
SB1192 Engrossed - 126 - LRB098 02592 RLC 32597 b (T) neither possess or have under his or her control any material that is pornographic, sexually oriented, or sexually stimulating, or that depicts or alludes to sexual activity or depicts minors under the age of 18, including but not limited to visual, auditory, telephonic, electronic media, or any matter obtained through access to any computer or material linked to computer access use;
SB1192 Enrolled - 127 - LRB098 02592 RLC 32597 b (Y) not leave the county except with prior permission of the Department and provide the Department officer or agent with written travel routes to and from work and any SB1192 Engrossed - 127 - LRB098 02592 RLC 32597 b other designated destinations;
1-1-11.) SB1192 Enrolled - 128 - LRB098 02592 RLC 32597 b (Text of Section after amendment by P.A.
SB1192 Engrossed - 128 - LRB098 02592 RLC 32597 b (a) If a court or jury determines that the person who is the subject of a petition under Section 15 of this Act is a sexually violent person, the court shall order the person to be committed to the custody of the Department for control, care and treatment until such time as the person is no longer a sexually violent person.
A supplementary mental examination under this Section shall be conducted in accordance with Section 3-804 of the Mental Health SB1192 Enrolled - 129 - LRB098 02592 RLC 32597 b and Developmental Disabilities Code.
(2) An order for commitment under this Section shall SB1192 Engrossed - 129 - LRB098 02592 RLC 32597 b specify either institutional care in a secure facility, as provided under Section 50 of this Act, or conditional release.
The plan shall address the person's need, if any, SB1192 Enrolled - 130 - LRB098 02592 RLC 32597 b for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment.
The Department may SB1192 Engrossed - 130 - LRB098 02592 RLC 32597 b contract with a county health department, with another public agency or with a private agency to provide the treatment and services identified in the plan.
Notwithstanding any other provision SB1192 Enrolled - 131 - LRB098 02592 RLC 32597 b in the Act, the person being supervised on conditional release shall not reside at the same street address as another sex offender being supervised on conditional release under this SB1192 Engrossed - 131 - LRB098 02592 RLC 32597 b Act, mandatory supervised release, parole, aftercare release, probation, or any other manner of supervision.
The SB1192 Enrolled - 132 - LRB098 02592 RLC 32597 b Department shall submit a statement showing probable cause of the detention and a petition to revoke the order for conditional release to the committing court within 48 hours SB1192 Engrossed - 132 - LRB098 02592 RLC 32597 b after the detention.
SB1192 Enrolled - 133 - LRB098 02592 RLC 32597 b (A) not violate any criminal statute of any jurisdiction;
(B) report to or appear in person before such person or SB1192 Engrossed - 133 - LRB098 02592 RLC 32597 b agency as directed by the court and the Department;
(G) waive confidentiality allowing the court and Department access to assessment or treatment results or SB1192 Enrolled - 134 - LRB098 02592 RLC 32597 b both;
(H) work regularly at a Department approved occupation or pursue a course of study or vocational training and SB1192 Engrossed - 134 - LRB098 02592 RLC 32597 b notify the Department within 72 hours of any change in employment, study, or training;
(iii) if deemed necessary by the Department, be SB1192 Enrolled - 135 - LRB098 02592 RLC 32597 b placed on an electronic monitoring device;
(M) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois SB1192 Engrossed - 135 - LRB098 02592 RLC 32597 b Domestic Violence Act of 1986.
(Q) refrain from all contact, direct or indirect, SB1192 Enrolled - 136 - LRB098 02592 RLC 32597 b personally, by telephone, letter, or through another person, with minor children without prior identification and approval of the Department;
SB1192 Engrossed - 136 - LRB098 02592 RLC 32597 b (R) refrain from having in his or her body the presence of alcohol or 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 breath, saliva, blood, or urine for tests to determine the presence of alcohol or any illicit drug;
(V) not reside near, visit, or be in or about parks, schools, day care centers, swimming pools, beaches, SB1192 Enrolled - 137 - LRB098 02592 RLC 32597 b theaters, or any other places where minor children congregate without advance approval of the Department and report any incidental contact with minor children to the SB1192 Engrossed - 137 - LRB098 02592 RLC 32597 b Department within 72 hours;
(6) A person placed on conditional release and who during the term undergoes mandatory drug or alcohol testing or is SB1192 Enrolled - 138 - LRB098 02592 RLC 32597 b assigned to be placed on an approved electronic monitoring device may be ordered to pay all costs incidental to the mandatory drug or alcohol testing and all costs incidental to SB1192 Engrossed - 138 - LRB098 02592 RLC 32597 b the approved electronic monitoring in accordance with the person's ability to pay those costs.
Whenever the Governor of this State shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation, aftercare release, or parole in this State, from the Executive Authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he or she shall issue a warrant under the seal of this State, to some agent, commanding him or her to receive the person so charged if delivered to him or her and convey him or SB1192 Enrolled - 139 - LRB098 02592 RLC 32597 b her to the proper officer of the county in this State in which the offense was committed.
1982.) SB1192 Engrossed - 139 - LRB098 02592 RLC 32597 b Section 105.
SB1192 Enrolled - 140 - LRB098 02592 RLC 32597 b (i) A violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012:
10-7 (aiding or abetting child abduction under Section SB1192 Engrossed - 140 - LRB098 02592 RLC 32597 b 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-14.4 (promoting juvenile prostitution), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.1B or 11-20.3 (aggravated child pornography), 11-1.40 or 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child).
10-1 (kidnapping), SB1192 Enrolled - 141 - LRB098 02592 RLC 32597 b 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint).
SB1192 Engrossed - 141 - LRB098 02592 RLC 32597 b An attempt to commit any of these offenses.
(c-5) "Computer scrub software" means any third-party added software, designed to delete information from the SB1192 Enrolled - 142 - LRB098 02592 RLC 32597 b computer unit, the hard drive, or other software, which would eliminate and prevent discovery of browser activity, including but not limited to Internet history, address bar or bars, cache SB1192 Engrossed - 142 - LRB098 02592 RLC 32597 b or caches, and/or cookies, and which would over-write files in a way so as to make previous computer activity, including but not limited to website access, more difficult to discover.
(f-5) In the case of functions performed on or after the effective date of this amendatory Act of the 94th General Assembly, references to "Department" or "Director" refer to either the Department of Corrections or the Director of SB1192 Enrolled - 143 - LRB098 02592 RLC 32597 b Corrections or to the Department of Juvenile Justice or the Director of Juvenile Justice unless the context is specific to the Department of Juvenile Justice or the Director of Juvenile SB1192 Engrossed - 143 - LRB098 02592 RLC 32597 b Justice.
(l) "Prisoner Review Board" means the Board established in Section 3-3-1(a), independent of the Department, to review rules and regulations with respect to good time credits, to hear charges brought by the Department against certain prisoners alleged to have violated Department rules with respect to good time credits, to set release dates for certain prisoners sentenced under the law in effect prior to the SB1192 Enrolled - 144 - LRB098 02592 RLC 32597 b effective date of this Amendatory Act of 1977, to hear and decide the time of aftercare release for persons committed to the Department of Juvenile Justice under the Juvenile Court Act SB1192 Engrossed - 144 - LRB098 02592 RLC 32597 b of 1987 to hear requests and make recommendations to the Governor with respect to pardon, reprieve or commutation, to set conditions for paroleparole, aftercare release, and mandatory supervised release and determine whether violations of those conditions justify revocation of parole or release, and to assume all other functions previously exercised by the Illinois Parole and Pardon Board.
or (2) a certificate of innocence from the Circuit Court SB1192 Enrolled - 145 - LRB098 02592 RLC 32597 b as provided in Section 2-702 of the Code of Civil Procedure.
SB1192 Engrossed - 145 - LRB098 02592 RLC 32597 b 96-1000, eff.
In consultation with the Department of Alcoholism and Substance Abuse (now the Department of Human Services), the Department of Corrections shall develop a master plan for the screening and evaluation of persons committed to its SB1192 Enrolled - 146 - LRB098 02592 RLC 32597 b custody who have alcohol or drug abuse problems, and for making appropriate treatment available to such persons;
the Department shall report to the General Assembly on such SB1192 Engrossed - 146 - LRB098 02592 RLC 32597 b plan not later than April 1, 1987.
(c) To maintain and administer all State correctional institutions and facilities under its control and to SB1192 Enrolled - 147 - LRB098 02592 RLC 32597 b establish new ones as needed.
Pursuant to its power to establish new institutions and facilities, the Department may, with the written approval of the Governor, authorize SB1192 Engrossed - 147 - LRB098 02592 RLC 32597 b the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law (20 ILCS 405/405-300).
Upon approval of a bid SB1192 Enrolled - 148 - LRB098 02592 RLC 32597 b by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement SB1192 Engrossed - 148 - LRB098 02592 RLC 32597 b with the county or municipality pursuant to such bid.
(f) To establish in cooperation with the Department of Transportation to supply a sufficient number of prisoners SB1192 Enrolled - 149 - LRB098 02592 RLC 32597 b for use by the Department of Transportation to clean up the trash and garbage along State, county, township, or municipal highways as designated by the Department of SB1192 Engrossed - 149 - LRB098 02592 RLC 32597 b Transportation.
Neither the Department of Corrections nor the Department of SB1192 Enrolled - 150 - LRB098 02592 RLC 32597 b Transportation shall replace any regular employee with a prisoner.
(g) To maintain records of persons committed to it and SB1192 Engrossed - 150 - LRB098 02592 RLC 32597 b to establish programs of research, statistics and planning.
(i) To appoint and remove the chief administrative officers, and administer programs of training and SB1192 Enrolled - 151 - LRB098 02592 RLC 32597 b development of personnel of the Department.
Personnel assigned by the Department to be responsible for the custody and control of committed persons or to investigate SB1192 Engrossed - 151 - LRB098 02592 RLC 32597 b the alleged misconduct of committed persons or employees or alleged violations of a parolee's or releasee's conditions of parole shall be conservators of the peace for those purposes, and shall have the full power of peace officers outside of the facilities of the Department in the protection, arrest, retaking and reconfining of committed persons or where the exercise of such power is necessary to the investigation of such misconduct or violations.
(n) To establish rules and regulations for SB1192 Enrolled - 152 - LRB098 02592 RLC 32597 b administering a system of sentence credits, established in accordance with Section 3-6-3, subject to review by the Prisoner Review Board.
SB1192 Engrossed - 152 - LRB098 02592 RLC 32597 b (o) To administer the distribution of funds from the State Treasury to reimburse counties where State penal institutions are located for the payment of assistant state's attorneys' salaries under Section 4-2001 of the Counties Code.
(1) The staff of a diversion facility shall provide supervision in accordance with required objectives set SB1192 Enrolled - 153 - LRB098 02592 RLC 32597 b by the facility.
SB1192 Engrossed - 153 - LRB098 02592 RLC 32597 b (3) Each participant shall pay for room and board at the facility on a sliding-scale basis according to the participant's income.
(r) To enter into intergovernmental cooperation agreements under which persons in the custody of the Department may participate in a county impact incarceration program established under Section 3-6038 or SB1192 Enrolled - 154 - LRB098 02592 RLC 32597 b 3-15003.5 of the Counties Code.
(r-10) To systematically and routinely identify with SB1192 Engrossed - 154 - LRB098 02592 RLC 32597 b respect to each streetgang active within the correctional system:
"Streetgang", "gang", and "streetgang related" have the meanings ascribed to them in Section 10 of the Illinois SB1192 Enrolled - 155 - LRB098 02592 RLC 32597 b Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution, in order to manage and supervise inmates who are disruptive SB1192 Engrossed - 155 - LRB098 02592 RLC 32597 b or dangerous and provide for the safety and security of the staff and the other inmates.
(u) To establish a Women's and Children's Pre-release Community Supervision Program for the purpose of providing housing and services to eligible female inmates, as determined by the Department, and their newborn and young SB1192 Enrolled - 156 - LRB098 02592 RLC 32597 b children.
(u-5) To issue an order, whenever a person committed to the Department absconds or absents himself or herself, SB1192 Engrossed - 156 - LRB098 02592 RLC 32597 b without authority to do so, from any facility or program to which he or she is assigned.
(3) When the Department lets bids for contracts for medical services to be provided to persons committed to Department facilities by a health maintenance organization, medical service corporation, or other health care provider, the bid may SB1192 Enrolled - 157 - LRB098 02592 RLC 32597 b only be let to a health care provider that has obtained an irrevocable letter of credit or performance bond issued by a company whose bonds have an investment grade or higher rating SB1192 Engrossed - 157 - LRB098 02592 RLC 32597 b by a bond rating organization.
(2) To maintain and administer all State juvenile correctional institutions previously under the control of SB1192 Enrolled - 158 - LRB098 02592 RLC 32597 b the Juvenile and Women's & Children Divisions of the Department of Corrections, and to establish and maintain institutions as needed to meet the needs of the youth SB1192 Engrossed - 158 - LRB098 02592 RLC 32597 b committed to its care.
(i) family and individual counseling and treatment SB1192 Enrolled - 159 - LRB098 02592 RLC 32597 b placement;
SB1192 Engrossed - 159 - LRB098 02592 RLC 32597 b (iii) mental health services;
(b) The Department may employ personnel in accordance with the Personnel Code and Section 3-2.5-15 of this Code, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in SB1192 Enrolled - 160 - LRB098 02592 RLC 32597 b accordance with applicable State and federal law.
8-26-08.) SB1192 Engrossed - 160 - LRB098 02592 RLC 32597 b (730 ILCS 5/3-2.5-65) Sec.
Members of the Board shall serve without compensation but shall be reimbursed for expenses necessarily SB1192 Enrolled - 161 - LRB098 02592 RLC 32597 b incurred in the performance of their duties.
SB1192 Engrossed - 161 - LRB098 02592 RLC 32597 b (1) Advise the Director concerning policy matters and programs of the Department with regard to the custody, care, study, discipline, training, and treatment of juveniles in the State juvenile correctional institutions and for the care and supervision of juveniles on aftercare release released on parole.
(1) A process offor developing and implementing a case management plan for timely and successful reentry into the SB1192 Enrolled - 162 - LRB098 02592 RLC 32597 b community beginning upon commitment.
SB1192 Engrossed - 162 - LRB098 02592 RLC 32597 b (3) AnSupervision aftercare release program that includes supervision in accordance with the conditions set by the Prisoner Review Board and referral to and facilitation of community-based services as indicated including education, social and mental health services, substance abuse treatment, employment and vocational training, individual and family counseling, financial counseling, and other services as appropriate;
(4) ProceduresStandards for sanctionssanctioning for violations of conditions of aftercare release that ensure that juvenile offenders face uniform and consistent consequences that hold them accountable taking into account aggravating and mitigating factors and prioritizing public safety.
SB1192 Enrolled - 163 - LRB098 02592 RLC 32597 b (1) To investigate alleged violations of an aftercare releasee's conditions of release;
and for this purpose it may issue subpoenas and compel the attendance of witnesses SB1192 Engrossed - 163 - LRB098 02592 RLC 32597 b and the production of documents only if there is reason to believe that the procedures would provide evidence that the violations have occurred.
Aftercare Specialistsspecialists and Supervisorssupervisors have the full power of peace officers in the retaking of any youth alleged to have violated the conditions of aftercare release.
(c) The Department of Juvenile Justice shall designate Aftercareaftercare Specialistsspecialists qualified in juvenile matters to perform case management and post-release programming functions under this Section.
(a) Upon release of a youth on aftercare, the Department SB1192 Enrolled - 164 - LRB098 02592 RLC 32597 b shall return all property held for the youth, provide the youth with suitable clothing, and procure necessary transportation for the youth to his or her designated place of residence and SB1192 Engrossed - 164 - LRB098 02592 RLC 32597 b employment.
(d) Upon the release of a youth on aftercare, the Department shall provide that youth with information concerning programs and services of the Illinois Department of Public Health to ascertain whether that youth has been exposed to the human immunodeficiency virus (HIV) or any identified causative agent of Acquired Immunodeficiency Syndrome (AIDS).
SB1192 Enrolled - 165 - LRB098 02592 RLC 32597 b (e) Upon the release of a youth on aftercare or who has been wrongfully imprisoned, the Department shall provide the youth with an identification card identifying the youth as SB1192 Engrossed - 165 - LRB098 02592 RLC 32597 b being on aftercare or wrongfully imprisoned, as the case may be.
(b) A copy of youth's conditions of aftercare release shall be signed by the youth and given to the youth and to his or her AftercareSB1192 SpecialistEnrolled - 166 - LRB098 02592 RLC 32597 b aftercare specialist who shall report on the youth's progress under the rules of the Prisoner Review Board.
Aftercare Specialistsspecialists and Supervisorssupervisors shall have the full power of peace SB1192 Engrossed - 166 - LRB098 02592 RLC 32597 b officers in the retaking of any releaseesreleasee who has allegedly violated his or her aftercare release conditions.
The Aftercareaftercare Specialistspecialist mayshall request the Department of Juvenile Justice to issue a warrant for the arrest of any releasee who has allegedly violated his or her aftercare release conditions.
(c) The Aftercareaftercare Supervisorsupervisor shall request the Department of Juvenile Justice to issue an aftercare release violation warrant, and the Department of Juvenile Justice shall issue an aftercare release violation warrant, under the following circumstances:
(2) if applicable, the releasee is required to and fails to comply with the requirements of the Sex Offender Registration Act;
SB1192 Enrolled - 167 - LRB098 02592 RLC 32597 b (E) violation of an order of protection under Section 12-3.4 of the Criminal Code of 2012;
or (F) any offense that would require registration as SB1192 Engrossed - 167 - LRB098 02592 RLC 32597 b a sex offender under the Sex Offender Registration Act;
The Aftercareaftercare Specialistspecialist or the Department of Juvenile Justice shall file a violation report with notice of charges with the Prisoner Review Board.
(d) The Aftercareaftercare Specialistspecialist shall regularly advise and consult with the releasee and assist the youth in adjusting to community life in accord with this Section.
(e) If the aftercare releasee has been convicted of a sex offense as defined in the Sex Offender Management Board Act, SB1192 Enrolled - 168 - LRB098 02592 RLC 32597 b the Aftercareaftercare Specialistspecialist shall periodically, but not less than once a month, verify that the releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7.
SB1192 Engrossed - 168 - LRB098 02592 RLC 32597 b (f) The Aftercareaftercare Specialistspecialist shall keep those records as the Prisoner Review Board or Department may require.
(4) the authority for establishing release dates for certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, SB1192 Enrolled - 169 - LRB098 02592 RLC 32597 b in accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole, mandatory supervised release under Section 5-8-1(a) of SB1192 Engrossed - 169 - LRB098 02592 RLC 32597 b this Code, and aftercare release, and determining whether a violation of those conditions warrant revocation of parole, aftercare release, or mandatory supervised release or the imposition of other sanctions.
The Chairman of the Board shall receive $35,000 a year, or an amount set by the Compensation Review Board, whichever is greater, and each other member $30,000, or an SB1192 Enrolled - 170 - LRB098 02592 RLC 32597 b amount set by the Compensation Review Board, whichever is greater.
(c) Notwithstanding any other provision of this Section, SB1192 Engrossed - 170 - LRB098 02592 RLC 32597 b the term of each member of the Board who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when all of the successor members to be appointed pursuant to this amendatory Act of the 93rd General Assembly have been appointed by the Governor, whichever occurs later.
The SB1192 Enrolled - 171 - LRB098 02592 RLC 32597 b salary and duties of the Executive Director shall be fixed by the Board.
6-22-12.) SB1192 Engrossed - 171 - LRB098 02592 RLC 32597 b (730 ILCS 5/3-3-2) (from Ch.
provided that the decision to parole and the conditions of parole for all prisoners who were sentenced SB1192 Enrolled - 172 - LRB098 02592 RLC 32597 b for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of SB1192 Engrossed - 172 - LRB098 02592 RLC 32597 b the Prisoner Review Board.
(3.6) hear by at least one member and through a panel of at least 3 members decide, the time of aftercare SB1192 Enrolled - 173 - LRB098 02592 RLC 32597 b release, the conditions of aftercare release and the time of discharge from aftercare release, impose sanctions for violations of aftercare release, and revoke aftercare SB1192 Engrossed - 173 - LRB098 02592 RLC 32597 b release for those adjudicated delinquent under the Juvenile Court Act of 1987;
(5) hear by at least one member and through a panel of at least 3 members decide, the release dates for certain SB1192 Enrolled - 174 - LRB098 02592 RLC 32597 b prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in accordance with Section 3-3-2.1 of this Code;
SB1192 Engrossed - 174 - LRB098 02592 RLC 32597 b (6) hear by at least one member and through a panel of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;
and (10) upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members SB1192 Enrolled - 175 - LRB098 02592 RLC 32597 b and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order the sealing of all official records of the SB1192 Engrossed - 175 - LRB098 02592 RLC 32597 b arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony.
(i) a sex offense described in Article 11 or Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of SB1192 Enrolled - 176 - LRB098 02592 RLC 32597 b the Criminal Code of 1961 or the Criminal Code of 2012;
SB1192 Engrossed - 176 - LRB098 02592 RLC 32597 b (iii) aggravated battery;
The decision to issue or refrain from issuing a certificate SB1192 Enrolled - 177 - LRB098 02592 RLC 32597 b of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members.
SB1192 Engrossed - 177 - LRB098 02592 RLC 32597 b The Board may only authorize the sealing of Class 3 and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10).
(c) The Board shall cooperate with the Department in SB1192 Enrolled - 178 - LRB098 02592 RLC 32597 b promoting an effective system of parole, aftercare release, and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its SB1192 Engrossed - 178 - LRB098 02592 RLC 32597 b work, and the Chairman shall file a copy of such rules and any amendments thereto with the Director and with the Secretary of State.
Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the circuit courts of the State, and witnesses whose depositions are taken and the SB1192 Enrolled - 179 - LRB098 02592 RLC 32597 b persons taking those depositions are each entitled to the same fees as are paid for like services in actions in the circuit courts of the State.
Fees and mileage shall be vouchered for SB1192 Engrossed - 179 - LRB098 02592 RLC 32597 b payment when the witness is discharged from further attendance.
Each member of the Board and any hearing officer designated SB1192 Enrolled - 180 - LRB098 02592 RLC 32597 b by the Board shall have the power to administer oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a majority SB1192 Engrossed - 180 - LRB098 02592 RLC 32597 b of the members then appointed to the Prisoner Review Board shall constitute a quorum for the transaction of all business of the Board.
or SB1192 Enrolled - 181 - LRB098 02592 RLC 32597 b (3) 20 years or one-third of a determinate sentence, whichever is less, less time credit for good behavior.
(b) No person sentenced under this amendatory Act of 1977 SB1192 Engrossed - 181 - LRB098 02592 RLC 32597 b or who accepts a release date under Section 3-3-2.1 shall be eligible for parole.
6-1-06.) SB1192 Enrolled - 182 - LRB098 02592 RLC 32597 b (730 ILCS 5/3-3-4) (from Ch.
SB1192 Engrossed - 182 - LRB098 02592 RLC 32597 b (a) The Prisoner Review Board shall consider the parole of each eligible person committed to the Department of Corrections at least 30 days prior to the date he or she shall first become eligible for parole, and shall consider the aftercare release parole of each person committed to the Department of Juvenile Justice as a delinquent at least 30 days prior to the expiration of the first year of confinement.
If the person eligible for parole or aftercare release has a petition or any written submissions prepared on his or her behalf by an attorney or other representative, the attorney or representative for the person SB1192 Enrolled - 183 - LRB098 02592 RLC 32597 b eligible for parole or aftercare release must serve by certified mail the State's Attorney of the county where he or she was prosecuted with the petition or any written submissions SB1192 Engrossed - 183 - LRB098 02592 RLC 32597 b 15 days after his or her parole interview.
(5) a medical and psychological report, if requested by SB1192 Enrolled - 184 - LRB098 02592 RLC 32597 b the Board;
(6) material in writing, or on film, video tape or other electronic means in the form of a recording submitted SB1192 Engrossed - 184 - LRB098 02592 RLC 32597 b by the person whose parole or aftercare release is being considered;
SB1192 Enrolled - 185 - LRB098 02592 RLC 32597 b This hearing shall take place the month following the inmate's parole or aftercare release interview.
If the inmate's parole or aftercare release interview is rescheduled then the Prisoner SB1192 Engrossed - 185 - LRB098 02592 RLC 32597 b Review Board shall promptly notify the State's Attorney of the new date.
Such recordings shall be retained by the Board and shall be deemed to be submitted at any subsequent parole or SB1192 Enrolled - 186 - LRB098 02592 RLC 32597 b aftercare release hearing if the victim or State's Attorney submits in writing a declaration clearly identifying such recording as representing the present position of the victim or SB1192 Engrossed - 186 - LRB098 02592 RLC 32597 b State's Attorney regarding the issues to be considered at the parole or aftercare release hearing.
In consideration of SB1192 Enrolled - 187 - LRB098 02592 RLC 32597 b persons committed to the Department of Juvenile Justice, the panel shall have at least a majority of members experienced in juvenile matters.
SB1192 Engrossed - 187 - LRB098 02592 RLC 32597 b (b) If the person under consideration for parole or aftercare release is in the custody of the Department, at least one member of the Board shall interview him or her, and a report of that interview shall be available for the Board's consideration.
or (3) his or her release would have a substantially SB1192 Enrolled - 188 - LRB098 02592 RLC 32597 b adverse effect on institutional discipline.
(d) A person committed under the Juvenile Court Act or the Juvenile Court Act of 1987 who has not been sooner released SB1192 Engrossed - 188 - LRB098 02592 RLC 32597 b shall be released on aftercare paroled on or before his or her 20th birthday to begin serving a period of aftercare release parole under Section 3-3-8.
If the Board shall parole or release a person, and, if he or she is not released within 90 days from the effective date of the order granting parole,parole or aftercare release, the matter shall be returned to the Board for review.
(f-1) If the Board paroles or releases a person who is SB1192 Enrolled - 189 - LRB098 02592 RLC 32597 b eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the SB1192 Engrossed - 189 - LRB098 02592 RLC 32597 b Sexually Violent Persons Commitment Act.
Conditions of Parole , or Mandatory Supervised Release, or Aftercare Release.
The conditions of every parole, aftercare SB1192 Enrolled - 190 - LRB098 02592 RLC 32597 b release, and mandatory supervised release are that the subject:
(1) not violate any criminal statute of any jurisdiction during the parole, aftercare release, or SB1192 Engrossed - 190 - LRB098 02592 RLC 32597 b release term;
(3) report to an agent of the Department of Corrections or,or in the case of aftercare releasees, to the Department of Juvenile Justice;
(7) report all arrests to an agent of the Department of Corrections or,or in the case of aftercare releasees, to the Department of Juvenile Justice 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 SB1192 EngrossedEnrolled - 191 - LRB098 02592 RLC 32597 b 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;
(7.7) 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, aftercare release, mandatory supervised release term, or extended mandatory supervisedSB1192 releaseEnrolled term- and192 if- convictedLRB098 for02592 anRLC offense32597 ofb SB1192supervised Engrossedrelease -term 192and -if LRB098convicted 02592for RLCan 32597offense bof 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, aftercare release, mandatory supervised release term, or extended mandatory supervised release term;
(i) the spouse, brother, or sister of SB1192 Enrolled - 193 - LRB098 02592 RLC 32597 b the accused;
(iii) a SB1192 Engrossed - 193 - LRB098 02592 RLC 32597 b first or second cousin of the accused;
(i) not access or use a computer or any other device with Internet capability without the prior SB1192 Enrolled - 194 - LRB098 02592 RLC 32597 b written approval of the Department;
SB1192 Engrossed - 194 - LRB098 02592 RLC 32597 b (ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's supervising agent, aftercare specialist, 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;
(7.13) if convicted of a sex offense as defined in SectionSB1192 2Enrolled of- the195 Sex- OffenderLRB098 Registration02592 ActRLC committed32597 onb SB1192Section Engrossed2 -of 195the -Sex LRB098Offender 02592Registration RLCAct 32597committed bon 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 or,or in the case of aftercare releasees, the Department of Juvenile Justice before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of Corrections or,or in the case of aftercare releasees, the Department of Juvenile Justice before changing his or her residence or employment;
(13) not knowingly associate with other persons on parole, aftercare release, or mandatory supervised release without prior written permission of his or her parole agent or aftercare specialist and not associate with persons who SB1192 Engrossed - 196 - LRB098 02592 RLC 32597 b are members of an organized gang as that term is defined in SB1192 Enrolled - 196 - LRB098 02592 RLC 32597 b 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, aftercare release, 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,Corrections or in the case of an aftercare releasee, by his or her aftercare specialist or of the Department of Juvenile Justice;
(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 SB1192 Engrossed - 197 - LRB098 02592 RLC 32597 b or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as SB1192 Enrolled - 197 - LRB098 02592 RLC 32597 b a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
SB1192 Engrossed - 198 - LRB098 02592 RLC 32597 b (b) The Board may in addition to other conditions require that the subject:
SB1192 Enrolled - 198 - LRB098 02592 RLC 32597 b (1) work or pursue a course of study or vocational training;
or (iv) a SB1192 Engrossed - 199 - LRB098 02592 RLC 32597 b step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or after SB1192 Enrolled - 199 - LRB098 02592 RLC 32597 b 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:
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 SB1192 Engrossed - 200 - LRB098 02592 RLC 32597 b supervising agent or aftercare specialist;
SB1192 Enrolled - 200 - LRB098 02592 RLC 32597 b (i) reside with his or her parents or in a foster home;
(4) obtain the approval of an agent of the Department of Corrections or,or in the case of an aftercare releasee, the Department of Juvenile Justice prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in SB1192 Engrossed - 201 - LRB098 02592 RLC 32597 b employment, study, or training;
(5) not be employed or participate in any volunteer activity that involves contact with children, except under SB1192 Enrolled - 201 - LRB098 02592 RLC 32597 b circumstances approved in advance and in writing by an agent of the Department of Corrections or,or in the case of an aftercare releasee, the Department of Juvenile Justice;
(7) refrain from entering into a designated geographic area except upon terms approved in advance by an agent of the Department of Corrections or,or in the case of an aftercare releasee, the Department of Juvenile Justice.
(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 or,or in the case of an aftercare releasee, the Department of Juvenile Justice;
(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 or,or SB1192 Engrossed - 202 - LRB098 02592 RLC 32597 b in the case of an aftercare releasee, the Department of Juvenile Justice;
(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 SB1192 Enrolled - 202 - LRB098 02592 RLC 32597 b 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;
(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 or,or in the case of an aftercare releasee, the Department of Juvenile Justice 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 or,or in the case of an SB1192 Engrossed - 203 - LRB098 02592 RLC 32597 b aftercare releasee, the Department of Juvenile Justice;
(14) may be required to provide a written daily log of activities if directed by an agent of the Department of Corrections or,or in the case of an aftercare releasee, the Department of Juvenile Justice;
(15) comply with all other special conditions that the Department may impose that restrict the person from SB1192 Enrolled - 203 - LRB098 02592 RLC 32597 b high-risk situations and limit access to potential victims;
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 or,or in the case of an aftercare releasee, aftercare specialist in charge of his or her supervision.
SB1192 Engrossed - 204 - LRB098 02592 RLC 32597 b (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.
SB1192 Enrolled - 204 - LRB098 02592 RLC 32597 b 7-2-10;
SB1192 Engrossed - 205 - LRB098 02592 RLC 32597 b (b) The Prisoner Review Board may enter an order releasing and discharging one from parole, aftercare release, 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, aftercare release, SB1192 Enrolled - 205 - LRB098 02592 RLC 32597 b or mandatory supervised release, the Prisoner Review Board may reduce the period of a parolee or releasee's parole, aftercare release, or mandatory supervised release by 90 days upon the parolee or releasee receiving a high school diploma or upon passage of the high school level Test of General Educational Development during the period of his or her parole, aftercare release, or mandatory supervised release.
(d) Rights of the person discharged under this Section SB1192 Engrossed - 206 - LRB098 02592 RLC 32597 b shall be restored under Section 5-5-5.
revocation of parole, aftercare release, or mandatory SB1192 Enrolled - 206 - LRB098 02592 RLC 32597 b supervised release;
(i) (A) For those sentenced under the law in effect prior to this amendatory Act of 1977, the recommitment shall be for any portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole and the parole term, less the SB1192 Engrossed - 207 - LRB098 02592 RLC 32597 b time elapsed between the parole of the person and the commission of the violation for which parole was revoked;
(B) Except as set forth in paragraph (C), for those subject to mandatory supervised release under paragraph (d) of Section 5-8-1 of this Code, the recommitment shall be for the total mandatory SB1192 Enrolled - 207 - LRB098 02592 RLC 32597 b supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked.
(iii) persons committed under the Juvenile Court Act or the Juvenile Court Act of 1987 may be continued SB1192 Engrossed - 208 - LRB098 02592 RLC 32597 b under the existing term of aftercare release parole with or without modifying the conditions of aftercare release parole, paroled or released on aftercare release to a group home or other residential facility, or recommitted until the age of 21 unless sooner terminated;
(iv) this Section is subject to the release under SB1192 Enrolled - 208 - LRB098 02592 RLC 32597 b supervision and the reparole and rerelease provisions of Section 3-3-10.
(b) The Board may revoke parole,parole , aftercare release, or mandatory supervised release for violation of a condition for the duration of the term and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration.
SB1192 Engrossed - 209 - LRB098 02592 RLC 32597 b (b-5) The Board shall revoke parole, aftercare release, or mandatory supervised release for violation of the conditions prescribed in paragraph (7.6) of subsection (a) of Section 3-3-7.
(c) A person charged with violating a condition of parole, aftercare release, or mandatory supervised release shall have a preliminary hearing before a hearing officer designated by the SB1192 Enrolled - 209 - LRB098 02592 RLC 32597 b Board to determine if there is cause to hold the person for a revocation hearing.
At the hearing SB1192 Engrossed - 210 - LRB098 02592 RLC 32597 b the offender shall be permitted to:
SB1192 Enrolled - 210 - LRB098 02592 RLC 32597 b (g) Parole, aftercare release, or mandatory supervised release shall not be revoked for failure to make payments under the conditions of parole or release unless the Board determines that such failure is due to the offender's willful refusal to pay.
(a) A person whose parole, aftercare release, or mandatory supervised release has been revoked may be reparoled or rereleased by the Board at any time to the full parole, aftercare release, or mandatory supervised release term under Section 3-3-8, except that the time which the person shall remain subject to the Board shall not exceed (1) the imposed maximum term of imprisonment or confinement and the parole term for those sentenced under the law in effect prior to the SB1192 Engrossed - 211 - LRB098 02592 RLC 32597 b effective date of this amendatory Act of 1977 or (2) the term of imprisonment imposed by the court and the mandatory supervised release term for those sentenced under the law in effect on and after such effective date.
(1) A person sentenced for any violation of law which occurred before January 1, 1973, shall be released under SB1192 Enrolled - 211 - LRB098 02592 RLC 32597 b supervision 6 months prior to the expiration of his or her maximum sentence of imprisonment less good time credit under Section 3-6-3.
8-21-07.) SB1192 Engrossed - 212 - LRB098 02592 RLC 32597 b (730 ILCS 5/3-4-3) (from Ch.
(a) The Department of Corrections and the Department of Juvenile Justice shall establish accounting records with accounts for each person who has or receives money while in an institution or facility of that Department and it shall allow SB1192 Enrolled - 212 - LRB098 02592 RLC 32597 b the withdrawal and disbursement of money by the person under rules and regulations of that Department.
(b) Any money held in accounts of committed persons SB1192 Engrossed - 213 - LRB098 02592 RLC 32597 b separated from the Department by death, discharge, or unauthorized absence and unclaimed for a period of 1 year thereafter by the person or his legal representative shall be transmitted to the State Treasurer who shall deposit it into the General Revenue Fund.
SB1192 Enrolled - 213 - LRB098 02592 RLC 32597 b Clothing, if unclaimed within 30 days, may be used or disposed of as determined by the Department.
SB1192 Engrossed - 214 - LRB098 02592 RLC 32597 b (Source:
(a) The Department of Corrections and the Department of Juvenile Justice shall maintain a master record file on each person committed to it, which shall contain the following SB1192 Enrolled - 214 - LRB098 02592 RLC 32597 b information:
and (13) other information that the respective Department SB1192 Engrossed - 215 - LRB098 02592 RLC 32597 b determines is relevant to the secure confinement and rehabilitation of the committed person.
The respective Department shall SB1192 Enrolled - 215 - LRB098 02592 RLC 32597 b keep a record of all outside personnel who have access to files, the files reviewed, any file material copied, and the purpose of access.
When custody of a person is transferred from the Department to another department or agency, a summary of the file shall be forwarded to the receiving agency with such other information required by law or requested by the agency under rules and regulations of the SB1192 Engrossed - 216 - LRB098 02592 RLC 32597 b respective Department.
(e) All public agencies may make available to the respective Department on request any factual data not otherwise SB1192 Enrolled - 216 - LRB098 02592 RLC 32597 b privileged as a matter of law in their possession in respect to individuals committed to the respective Department.
SB1192 Engrossed - 217 - LRB098 02592 RLC 32597 b (c) The Department of Juvenile Justice shall notify the Secretary of Human Services of the expiration of the commitment or sentence of any person transferred to the Department of Human Services under Section 3-10-5.
If the Department of Human Services determines that such person transferred to it under paragraph (a) of Section 3-10-5 requires further hospitalization, it shall file a petition for commitment of SB1192 Enrolled - 217 - LRB098 02592 RLC 32597 b such person under the Mental Health and Developmental Disabilities Code.
"Aftercare release" means SB1192 Engrossed - 218 - LRB098 02592 RLC 32597 b the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the Department of Juvenile Justice.
"Parole" means the conditional and revocable release of a SB1192 Enrolled - 218 - LRB098 02592 RLC 32597 b person committed to the Department of Corrections person under the supervision of a parole officer.
(a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense, convicted or found guilty of any offense classified as a felony under Illinois law, convicted or found guilty of any offense requiring registration under the Sex Offender Registration Act, found guilty or given supervision for any offense classified as a felony under the Juvenile Court Act of 1987, convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act, or institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under the SB1192 Engrossed - 219 - LRB098 02592 RLC 32597 b Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood, saliva, or tissue to the Illinois Department of State Police in accordance with the provisions of this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of a qualifying offense on or after July 1, 1990 and sentenced SB1192 Enrolled - 219 - LRB098 02592 RLC 32597 b to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense;
(3.5) convicted or found guilty of any offense classified as a felony under Illinois law or found guilty or given supervision for such an offense under the Juvenile SB1192 Engrossed - 220 - LRB098 02592 RLC 32597 b Court Act of 1987 on or after August 22, 2002;
or (4.5) ordered committed as a sexually violent person on or after the effective date of the Sexually Violent Persons SB1192 Enrolled - 220 - LRB098 02592 RLC 32597 b Commitment Act.
(a-1) Any person incarcerated in a facility of the Illinois Department of Corrections or the Illinois Department of Juvenile Justice on or after August 22, 2002, whether for a term of years, natural life, or a sentence of death, who has not yet submitted a specimen of blood, saliva, or tissue shall be required to submit a specimen of blood, saliva, or tissue prior to his or her final discharge, or release on paroleparole, , aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner.
These specimens shall be placed SB1192 Engrossed - 221 - LRB098 02592 RLC 32597 b into the State or national DNA database, to be used in accordance with other provisions of this Section, by the Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after the effective date of this amendatory Act of the 94th General Assembly or sentenced to death after the effective date of this SB1192 Enrolled - 221 - LRB098 02592 RLC 32597 b amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois Department of State Police.
(a-3) Any person seeking transfer to or residency in Illinois under Sections 3-3-11.05 through 3-3-11.5 of this Code, the Interstate Compact for Adult Offender Supervision, or the Interstate Agreements on Sexually Dangerous Persons Act shall be required to provide a specimen of blood, saliva, or tissue within 45 days after transfer to or residency in Illinois at a collection site designated by the Illinois SB1192 Engrossed - 222 - LRB098 02592 RLC 32597 b Department of State Police.
(a-3.2) On or after January 1, 2012 (the effective date of SB1192 Enrolled - 222 - LRB098 02592 RLC 32597 b Public Act 97-383), any person arrested for any of the following offenses, after an indictment has been returned by a grand jury, or following a hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963 and a judge finds there is probable cause to believe the arrestee has committed one of the designated offenses, or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois Department of State Police:
(a-3.3) Any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction as set forth in subsection (c-5.2) shall be required to provide a specimen of blood, saliva, or tissue SB1192 Engrossed - 223 - LRB098 02592 RLC 32597 b within the time period prescribed in subsection (c-5.2) at a collection site designated by the Illinois Department of State Police.
(a-5) Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or who was found guilty or given supervision for such a violation SB1192 Enrolled - 223 - LRB098 02592 RLC 32597 b under the Juvenile Court Act of 1987, may, regardless of the sentence imposed, be required by an order of the court to submit specimens of blood, saliva, or tissue to the Illinois Department of State Police in accordance with the provisions of this Section.
SB1192 Engrossed - 224 - LRB098 02592 RLC 32597 b (c-5) Any person required by paragraph (a-3) to provide specimens of blood, saliva, or tissue shall, where feasible, be required to provide the specimens before being accepted for conditioned residency in Illinois under the interstate compact or agreement, but no later than 45 days after arrival in this State.
(c-5.2) Unless it is determined that a registered sex SB1192 Enrolled - 224 - LRB098 02592 RLC 32597 b offender has previously submitted a specimen of blood, saliva, or tissue that has been placed into the State DNA database, a person registering as a sex offender shall be required to submit a specimen at the time of his or her initial registration pursuant to the Sex Offender Registration Act or, for a person registered as a sex offender on or prior to January 1, 2012 (the effective date of Public Act 97-383), within one year of January 1, 2012 (the effective date of Public Act 97-383) or at the time of his or her next required registration.
The collection of specimens shall be performed SB1192 Engrossed - 225 - LRB098 02592 RLC 32597 b in a medically approved manner.
SB1192 Enrolled - 225 - LRB098 02592 RLC 32597 b (d-1) The Illinois Department of State Police shall provide all equipment and instructions necessary for the collection of saliva specimens.
The specimens shall thereafter be forwarded to the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker SB1192 Engrossed - 226 - LRB098 02592 RLC 32597 b groupings.
(d-6) Agencies designated by the Illinois Department of SB1192 Enrolled - 226 - LRB098 02592 RLC 32597 b State Police and the Illinois Department of State Police may contract with third parties to provide for the collection or analysis of DNA, or both, of an offender's blood, saliva, and tissue specimens, except as provided in subsection (n) of this Section.
The genetic marker grouping analysis information obtained pursuant to this Act shall be used only for (i) valid law enforcement identification purposes and as required by the Federal Bureau SB1192 Engrossed - 227 - LRB098 02592 RLC 32597 b of Investigation for participation in the National DNA database, (ii) technology validation purposes, (iii) a population statistics database, (iv) quality assurance purposes if personally identifying information is removed, (v) assisting in the defense of the criminally accused pursuant to Section 116-5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting in the prosecution of a person SB1192 Enrolled - 227 - LRB098 02592 RLC 32597 b who is suspected of committing a sexual assault as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.
(f-1) Upon receipt of notification of a reversal of a conviction based on actual innocence, or of the granting of a pardon pursuant to Section 12 of Article V of the Illinois Constitution, if that pardon document specifically states that the reason for the pardon is the actual innocence of an individual whose DNA record has been stored in the State or national DNA identification index in accordance with this Section by the Illinois Department of State Police, the DNA record shall be expunged from the DNA identification index, and the Department shall by rule prescribe procedures to ensure that the record and any specimens, analyses, or other documents relating to such record, whether in the possession of the SB1192 Engrossed - 228 - LRB098 02592 RLC 32597 b Department or any law enforcement or police agency, or any forensic DNA laboratory, including any duplicates or copies thereof, are destroyed and a letter is sent to the court verifying the expungement is completed.
For specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA record for an individual shall be expunged SB1192 Enrolled - 228 - LRB098 02592 RLC 32597 b from the DNA identification databases and the specimen destroyed upon receipt of a certified copy of a final court order for each charge against an individual in which the charge has been dismissed, resulted in acquittal, or that the charge was not filed within the applicable time period.
Any other party contracting SB1192 Engrossed - 229 - LRB098 02592 RLC 32597 b to carry out the functions of this Section shall be subject to the same restrictions and requirements of this Section insofar as applicable, as the Illinois Department of State Police, and to any additional restrictions imposed by the Illinois Department of State Police.
SB1192 Enrolled - 229 - LRB098 02592 RLC 32597 b (1) any violation or inchoate violation of Section 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
(h) The Illinois Department of State Police shall be the SB1192 Engrossed - 230 - LRB098 02592 RLC 32597 b State central repository for all genetic marker grouping analysis information obtained pursuant to this Act.
SB1192 Enrolled - 230 - LRB098 02592 RLC 32597 b (i) (1) A person required to provide a blood, saliva, or tissue specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood, saliva, or tissue specimen is a Class 4 felony.
If the analysis fee is not paid at the time of sentencing, the court shall establish a fee schedule by which the entire amount SB1192 Engrossed - 231 - LRB098 02592 RLC 32597 b of the analysis fee shall be paid in full, such schedule not to exceed 24 months from the time of conviction.
(1) The State Offender DNA Identification System Fund SB1192 Enrolled - 231 - LRB098 02592 RLC 32597 b is hereby created as a special fund in the State Treasury.
SB1192 Engrossed - 232 - LRB098 02592 RLC 32597 b (B) Costs incurred in maintaining genetic marker groupings as required by subsection (e).
SB1192 Enrolled - 232 - LRB098 02592 RLC 32597 b (E) Costs incurred in continuing education, training, and professional development of forensic scientists regularly employed by these laboratories.
(n) Neither the Department of State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the SB1192 Engrossed - 233 - LRB098 02592 RLC 32597 b purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency.
For the purposes of this subsection (n), "forensic testing" includes the analysis of physical evidence in an investigation or other proceeding for the prosecution of a violation of the Criminal Code of 1961 or the Criminal Code of 2012 or for matters adjudicated under the SB1192 Enrolled - 233 - LRB098 02592 RLC 32597 b Juvenile Court Act of 1987, and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony.
(a) Except as provided in subsection (d), a person charged with or convicted of an excluded offense may not be placed in an electronic home detention program, except for bond pending SB1192 Engrossed - 234 - LRB098 02592 RLC 32597 b trial or appeal or while on parole, aftercare release, or mandatory supervised release.
(c) A person serving a sentence for a conviction of a Class SB1192 Enrolled - 234 - LRB098 02592 RLC 32597 b X felony, other than an excluded offense, may be placed in an electronic home detention program for a period not to exceed the last 90 days of incarceration, provided that the person was sentenced on or after the effective date of this amendatory Act of 1993 and provided that the court has not prohibited the program for the person in the sentencing order.
(e) A person serving a sentence for conviction of a Class 2, 3 or 4 felony offense which is not an excluded offense may SB1192 Engrossed - 235 - LRB098 02592 RLC 32597 b be placed in an electronic home detention program pursuant to Department administrative directives.
SB1192 Enrolled - 235 - LRB098 02592 RLC 32597 b (4) periodic imprisonment;
SB1192 Engrossed - 236 - LRB098 02592 RLC 32597 b (A) Securing the written consent of the participant in the program to comply with the rules and regulations of the program as stipulated in subsections (A) through (I) of Section 5-8A-4.
(B) Where possible, securing the written consent of other persons residing in the home of the participant, including the person in whose name the telephone is registered, at the time of the order or commitment for electronic home detention is SB1192 Enrolled - 236 - LRB098 02592 RLC 32597 b entered and acknowledge the nature and extent of approved electronic monitoring devices.
If the Prisoner Review Board, Department of Corrections, or court (the supervising authority) orders electronic surveillance as a condition of parole, aftercare release, mandatory supervised release, early release, probation, or conditional discharge for a violation of an order of protection or as a condition of SB1192 Engrossed - 237 - LRB098 02592 RLC 32597 b bail for a person charged with a violation of an order of protection, the supervising authority shall use the best available global positioning technology to track domestic violence offenders.
(1) immediate notification to the supervising authority of a breach of a court ordered exclusion SB1192 Enrolled - 237 - LRB098 02592 RLC 32597 b zone;
The Open Parole Hearings Act is amended by changing Sections 5, 10, 15, 20, 25, and 35 as follows:
SB1192 Engrossed - 238 - LRB098 02592 RLC 32597 b (d) "Parole or aftercare release hearing" means the formal hearing and determination of an inmate being considered for release from incarceration on community supervision.
(e) "Parole"Parole, , aftercare release, or mandatory supervised release revocation hearing" means the formal hearing and determination of allegations that a parolee, aftercare releasee, or mandatory supervised releasee has violated the SB1192 Enrolled - 238 - LRB098 02592 RLC 32597 b conditions of his or her release agreement.
(b) The victim may enter a statement either oral, written, SB1192 Engrossed - 239 - LRB098 02592 RLC 32597 b on video tape, or other electronic means in the form and manner described by the Prisoner Review Board to be considered at the time of a parole or aftercare release consideration hearing.
SB1192 Enrolled - 239 - LRB098 02592 RLC 32597 b (a) The Board may restrict the number of individuals allowed to attend parole or aftercare releaserelease, or parole or aftercare release revocation hearings in accordance with confidentiality concerns of the juvenile or his or her representative, physical limitations, security requirements of the hearing facilities or those giving repetitive or cumulative testimony.
(b) The Board may denyalso admissionrestrict or continued attendance at parolean or aftercare release or parole or aftercare release revocation hearingshearing in order to individualsprotect who:the confidentiality of the youth.
(b) The Board may deny admission or continued attendance at parole or aftercare release hearings, or parole or aftercare release revocation hearings to individuals who:
(c) Upon formal action of a majority of the Board members present, the Board may close parole or aftercare release hearings and parole or aftercare release revocation hearings in order to:
(1) deliberate upon the oral testimony and any other SB1192 Engrossed - 240 - LRB098 02592 RLC 32597 b relevant information received from applicants, parolees, releasees, victims, or others;
or (2) provide applicants, releasees, and parolees the opportunity to challenge information other than that which if the person's identity were to be exposed would possibly SB1192 Enrolled - 240 - LRB098 02592 RLC 32597 b subject them to bodily harm or death, which they believe detrimental to their parole or aftercare release determination hearing or revocation proceedings.
A Board decision concerning parole or aftercare releaserelease, or parole or aftercare release revocation shall be final at the time the decision is delivered to the inmate, subject to any rehearing granted under Board rules.
87-224.) (730 ILCS 105/25)105/35) (from Ch.
1675) Sec.
25.
Notification of future parole or aftercare release hearings.
(a) The Board shall notify the State's Attorney of the committing county of the pending hearing and the victim of all forthcoming parole or aftercare release hearings at least 15 days in advance.
Written notification shall contain:
(1) notification of the place of the hearing;
SB1192 Engrossed - 241 - LRB098 02592 RLC 32597 b (2) the date and approximate time of the hearing;
(3) their right to enter a statement, to appear in person, and to submit other information by video tape, tape recording, or other electronic means in the form and manner described by the Board or if a victim of a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, by calling the toll-free number established in subsection (f) of that Section.
Notification to the victims shall be at the last known address of the victim.
It shall be the responsibility of the victim to notify the board of any changes in address and name.
(b) However, at any time the victim may request by a written certified statement that the Prisoner Review Board stop sending notice under this Section.
(c) (Blank).
(d) No later than 7 days after a parole hearing the Board shall send notice of its decision to the State's Attorney and victim.
If parole or aftercare release is denied, the Board shall within a reasonable period of time notify the victim of the month and year of the next scheduled hearing.
(Source:
P.A.
93-235, eff.
7-22-03.) (730 ILCS 105/35) (from Ch.
38, par.
SB1192 Engrossed - 242 - LRB098 02592 RLC 32597 b (b) Victim impact statements either oral, written, video-taped, tape recorded or made by other electronic means shall not be considered public documents under provisions of the Freedom of Information Act.
This shall not be construed to permit disclosure to an inmate of any information which might result in the risk of threats or physical harm to a victim or SB1192 Enrolled - 241 - LRB098 02592 RLC 32597 b complaining witness.
Such information shall include a current photograph, SB1192 Engrossed - 243 - LRB098 02592 RLC 32597 b current address, current place of employment, the sex offender's or sexual predator's telephone number, including cellular telephone number, the employer's telephone number, school attended, all e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender uses or plans to use, all Uniform Resource Locators (URLs) registered or used by the sex offender, all blogs and other Internet sites maintained by the sex offender or to which the sex offender has SB1192 Enrolled - 242 - LRB098 02592 RLC 32597 b uploaded any content or posted any messages or information, extensions of the time period for registering as provided in this Article and, if an extension was granted, the reason why the extension was granted and the date the sex offender was notified of the extension.
The information shall also include a copy of the terms and conditions of parole or release signed by the sex offender and given to the sex offender by his or her supervising officer or aftercare specialist, in the case of an aftercare releasee, the county of conviction, license plate numbers for every vehicle registered in the name of the sex offender, the age of the sex offender at the time of the commission of the offense, the age of the victim at the time of the commission of the offense, and any distinguishing marks located on the body of the sex offender.
A sex offender 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 shall provide all Internet protocol (IP) addresses in his or SB1192 Engrossed - 244 - LRB098 02592 RLC 32597 b her residence, registered in his or her name, accessible at his or her place of employment, or otherwise under his or her control or custody.
SB1192 Enrolled - 243 - LRB098 02592 RLC 32597 b (1) with the chief of police in the municipality in which he or she resides or is temporarily domiciled for a period of time of 3 or more days, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters;
(A) the chief of police in the municipality in which he or she is employed at or attends an institution of higher education, unless the SB1192 Engrossed - 245 - LRB098 02592 RLC 32597 b municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters;
SB1192 Enrolled - 244 - LRB098 02592 RLC 32597 b The registration fees shall only apply to the municipality or county of primary registration, and not to campus registration.
A sex offender or sexual predator who is temporarily absent from his or her current address of registration for 3 or more days shall notify the law enforcement agency having jurisdiction of his or her current registration, including the itinerary for travel, in the manner provided in Section 6 of SB1192 Engrossed - 246 - LRB098 02592 RLC 32597 b this Act for notification to the law enforcement agency having jurisdiction of change of address.
The sex offender or sexual predator shall provide accurate SB1192 Enrolled - 245 - LRB098 02592 RLC 32597 b information as required by the Department of State Police.
SB1192 Engrossed - 247 - LRB098 02592 RLC 32597 b (1) with:
or (B) the sheriff in the county in which he or she attends school or is employed for a period of time of 5 SB1192 Enrolled - 246 - LRB098 02592 RLC 32597 b or more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no police chief exists;
That information shall include the out-of-state student's current place of school attendance or the SB1192 Engrossed - 248 - LRB098 02592 RLC 32597 b out-of-state employee's current place of employment.
(b) Any sex offender, as defined in Section 2 of this Act, SB1192 Enrolled - 247 - LRB098 02592 RLC 32597 b or sexual predator, regardless of any initial, prior, or other registration, shall, within 3 days of beginning school, or establishing a residence, place of employment, or temporary domicile in any county, register in person as set forth in subsection (a) or (a-5).
(2) Except as provided in subsection (c)(2.1) or (c)(4), any person convicted or adjudicated prior to January 1, 1996, whose liability for registration under SB1192 Engrossed - 249 - LRB098 02592 RLC 32597 b Section 7 has not expired, shall register in person prior to January 31, 1996.
(i) the person has been convicted of any felony offense after July 1, 2011, and SB1192 Enrolled - 248 - LRB098 02592 RLC 32597 b (ii) the offense for which the 10 year registration was served currently requires a registration period of more than 10 years.
Except as provided in subsection (c)(2.1), if notification is not made within the offender's 10 year registration requirement, and the Department of State Police determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required SB1192 Engrossed - 250 - LRB098 02592 RLC 32597 b to register under this Act.
SB1192 Enrolled - 249 - LRB098 02592 RLC 32597 b (5) The person shall provide positive identification and documentation that substantiates proof of residence at the registering address.
SB1192 Engrossed - 251 - LRB098 02592 RLC 32597 b Money deposited into the Sex Offender Management Board Fund shall be administered by the Sex Offender Management Board and shall be used by the Board to comply with the provisions of the Sex Offender Management Board Act.
Thirty dollars of the initial registration fee and $30 of the annual renewal fee shall be SB1192 Enrolled - 250 - LRB098 02592 RLC 32597 b deposited into the Attorney General Sex Offender Awareness, Training, and Education Fund.
If the person has multiple businesses or work locations, every business and work location must be reported to SB1192 Engrossed - 252 - LRB098 02592 RLC 32597 b the law enforcement agency having jurisdiction.
Discharge of sex offender, as defined in Section 2 of this Act, or sexual predator from Department of Corrections SB1192 Enrolled - 251 - LRB098 02592 RLC 32597 b facility or other penal institution;
Any sex offender, as defined in Section 2 of this Act, or sexual predator, as defined by this Article, who is discharged, paroled or released from a Department of Corrections or Department of Juvenile Justice facility, a facility where such person was placed by the Department of Corrections or Department of Juvenile Justice or another penal institution, and whose liability for registration has not terminated under Section 7 shall, prior to discharge, parole or release from the facility or institution, be informed of his or her duty to register in person within 3 days of release by the facility or institution in which he or she was confined.
The facility or institution shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 3 days after establishing the SB1192 Engrossed - 253 - LRB098 02592 RLC 32597 b residence, beginning employment, or beginning school.
The facility shall further advise the person in writing that the failure to register or other violation of this SB1192 Enrolled - 252 - LRB098 02592 RLC 32597 b Article shall result in revocation of parole, aftercare release, mandatory supervised release or conditional release.
6-1-08.) SB1192 Engrossed - 254 - LRB098 02592 RLC 32597 b (730 ILCS 150/8-5) Sec.
The verification must be documented in LEADS in the form and manner required by the SB1192 Enrolled - 253 - LRB098 02592 RLC 32597 b Department of State Police.
The supervising officer or aftercare specialist, in the case of an aftercare releasee, shall, within 15 days of sentencing to probation or release from an Illinois Department of Corrections or Illinois Department of Juvenile Justice facility or other penal institution, contact the law enforcement agency in the jurisdiction in which the sex offender or sexual predator designated as his or her intended residence and verify compliance with the requirements of this Act.
Revocation proceedings shall be immediately commenced against a sex SB1192 Engrossed - 255 - LRB098 02592 RLC 32597 b offender or sexual predator on probation, parole, aftercare release, or mandatory supervised release who fails to comply with the requirements of this Act.
The SB1192 Enrolled - 254 - LRB098 02592 RLC 32597 b Department shall use analytical resources to assist local law enforcement agencies to determine the potential whereabouts of any sexual predator or sex offender who fails to respond to address-verification attempts or who otherwise absconds from registration.
(730 ILCS 154/15) SB1192 Engrossed - 256 - LRB098 02592 RLC 32597 b Sec.
Any violent offender against youth who is discharged, paroled, or released from a Department of Corrections facility, a facility where such person was placed by the Department of Corrections or another penal institution, and whose liability for registration has not terminated under SB1192 Enrolled - 255 - LRB098 02592 RLC 32597 b Section 40 shall, prior to discharge, parole or release from the facility or institution, be informed of his or her duty to register in person within 5 days of release by the facility or institution in which he or she was confined.
The facility shall further advise the person in writing that the failure to register or other violation of this Act shall result in revocation of parole, aftercare release, SB1192 Engrossed - 257 - LRB098 02592 RLC 32597 b mandatory supervised release or conditional release.
The facility shall give one copy of the form to the person and shall send one copy to each of the law enforcement agencies having jurisdiction where the person expects to reside, work, and attend school upon his or SB1192 Enrolled - 256 - LRB098 02592 RLC 32597 b her discharge, parole or release and retain one copy for the files.
(b) The supervising officer or aftercare specialist, in the SB1192 Engrossed - 258 - LRB098 02592 RLC 32597 b case of an aftercare releasee, shall, within 15 days of sentencing to probation or release from an Illinois Department of Corrections facility or other penal institution, contact the law enforcement agency in the jurisdiction which the violent offender against youth designated as his or her intended residence and verify compliance with the requirements of this Act.
Revocation proceedings shall be immediately commenced against a violent offender against youth on probation, parole, aftercare SB1192 Enrolled - 257 - LRB098 02592 RLC 32597 b release, or mandatory supervised release who fails to comply with the requirements of this Act.
or (2) in conjunction with a delinquency petition or a criminal prosecution, by filing a petition for a stalking no contact order under the same case number as the delinquency petition or criminal prosecution, to be granted during pre-trial release of a defendant, with any SB1192 Engrossed - 259 - LRB098 02592 RLC 32597 b dispositional order issued under Section 5-710 of the Juvenile Court Act of 1987 or as a condition of release, supervision, conditional discharge, probation, periodic imprisonment, parole, aftercare release, or mandatory supervised release, or in conjunction with imprisonment or a bond forfeiture warrant, provided that (i) the violation is alleged in an information, complaint, indictment, or delinquency petition on file and the alleged victim is a SB1192 Enrolled - 258 - LRB098 02592 RLC 32597 b person protected by this Act, and (ii) the petition, which is filed by the State's Attorney, names a victim of the alleged crime as a petitioner.
No fee shall be charged by the sheriff for service by the sheriff of a SB1192 Engrossed - 260 - LRB098 02592 RLC 32597 b petition, rule, motion, or order in an action commenced under this Section.
1-1-10.) (740 ILCS 21/115) SB1192 Enrolled - 259 - LRB098 02592 RLC 32597 b Sec.
If the order was issued in accordance with subsection (c) of Section 95, the clerk shall, on the next court day, file a certified copy of the order with the sheriff or other law enforcement officials charged with SB1192 Engrossed - 261 - LRB098 02592 RLC 32597 b maintaining Department of State Police records.
If the respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Corrections or Illinois Department of Juvenile Justice or is on parole, aftercare release, or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Department of State Police records shall notify the Department of Corrections or Department of Juvenile Justice SB1192 Enrolled - 260 - LRB098 02592 RLC 32597 b within 48 hours of receipt of a copy of the stalking no contact order from the clerk of the issuing judge or the petitioner.
Such notice shall include the name of the respondent, the respondent's IDOC inmate number or IDJJ inmateyouth identification number, the respondent's date of birth, and the LEADS Record Index Number.
SB1192 Engrossed - 262 - LRB098 02592 RLC 32597 b (d) If the person against whom the stalking no contact order is issued is arrested and the written order is issued in accordance with subsection (c) of Section 95 and received by the custodial law enforcement agency before the respondent or arrestee is released from custody, the custodial law enforcement agent shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is SB1192 Enrolled - 261 - LRB098 02592 RLC 32597 b released from custody.
(a) Instead of personal service of a stalking no contact order under Section 115, a sheriff, other law enforcement SB1192 Engrossed - 263 - LRB098 02592 RLC 32597 b official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole, aftercare release, or mandatory supervised release may serve a respondent with a short form notification.
SB1192 Enrolled - 262 - LRB098 02592 RLC 32597 b (1) The respondent's name.
You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order." (c) Upon verification of the identity of the respondent and the existence of an unserved order against the respondent, a SB1192 Engrossed - 264 - LRB098 02592 RLC 32597 b sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to complete and serve the short form notification.
(e) The Attorney General shall make the short form SB1192 Enrolled - 263 - LRB098 02592 RLC 32597 b notification form available to law enforcement agencies in this State.
or (2) in conjunction with a delinquency petition or a criminal prosecution, by filing a petition for a civil no SB1192 Engrossed - 265 - LRB098 02592 RLC 32597 b contact order under the same case number as the delinquency petition or criminal prosecution, to be granted during pre-trial release of a defendant, with any dispositional order issued under Section 5-710 of the Juvenile Court Act of 1987 or as a condition of release, supervision, conditional discharge, probation, periodic imprisonment, parole, aftercare release, or mandatory supervised SB1192 Enrolled - 264 - LRB098 02592 RLC 32597 b release, or in conjunction with imprisonment or a bond forfeiture warrant, provided that (i) the violation is alleged in an information, complaint, indictment, or delinquency petition on file and the alleged victim is a person protected by this Act, and (ii) the petition, which is filed by the State's Attorney, names a victim of the alleged crime as a petitioner.
(c) No fee shall be charged by the clerk of the court for SB1192 Engrossed - 266 - LRB098 02592 RLC 32597 b filing petitions or modifying or certifying orders.
SB1192 Enrolled - 265 - LRB098 02592 RLC 32597 b (Source:
(2) if in effect in conjunction with a bond forfeiture warrant, until final disposition or an additional period of SB1192 Engrossed - 267 - LRB098 02592 RLC 32597 b time not exceeding 2 years;
(3) until expiration of any supervision, conditional discharge, probation, periodic imprisonment, parole, aftercare release, or mandatory supervised release and for an additional period of time thereafter not exceeding 2 SB1192 Enrolled - 266 - LRB098 02592 RLC 32597 b years;
or (4) until the date set by the court for expiration of any sentence of imprisonment and subsequent paroleparole, aftercare release, or mandatory supervised release and for an additional period of time thereafter not exceeding 2 years.
(d) Any civil no contact order which would expire on a SB1192 Engrossed - 268 - LRB098 02592 RLC 32597 b court holiday shall instead expire at the close of the next court business day.
(e) The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a civil no contact SB1192 Enrolled - 267 - LRB098 02592 RLC 32597 b order undermines the purposes of this Act.
(b) The clerk of the issuing judge shall, or the petitioner may, on the same day that a civil no contact order is issued, file a certified copy of that order with the sheriff or other law enforcement officials charged with maintaining Department of State Police records or charged with serving the order upon SB1192 Engrossed - 269 - LRB098 02592 RLC 32597 b the respondent.
If the respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Corrections or Illinois SB1192 Enrolled - 268 - LRB098 02592 RLC 32597 b Department of Juvenile JusticeJustice, or is on parole, aftercare release, or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Department of State Police records shall notify the Department of Corrections or Department of Juvenile Justice within 48 hours of receipt of a copy of the civil no contact order from the clerk of the issuing judge or the petitioner.
Such notice shall include the name of the respondent, the respondent's IDOC inmate number or IDJJ inmateyouth identification number, the respondent's date of birth, and the LEADS Record Index Number.
If SB1192 Engrossed - 270 - LRB098 02592 RLC 32597 b process has not yet been served upon the respondent, it shall be served with the order or short form notification if such service is made by the sheriff, other law enforcement official, or special process server.
(d) If the person against whom the civil no contact order is issued is arrested and the written order is issued in accordance with subsection (c) of Section 214 and received by SB1192 Enrolled - 269 - LRB098 02592 RLC 32597 b the custodial law enforcement agency before the respondent or arrestee is released from custody, the custodial law enforcement agent shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is released from custody.
revised 8-23-12.) SB1192 Engrossed - 271 - LRB098 02592 RLC 32597 b (740 ILCS 22/218.1) Sec.
(a) Instead of personal service of a civil no contact order under Section 218, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged SB1192 Enrolled - 270 - LRB098 02592 RLC 32597 b violations of a parolee's or releasee's conditions of parole, aftercare release, or mandatory supervised release may serve a respondent with a short form notification.
You are SB1192 Engrossed - 272 - LRB098 02592 RLC 32597 b subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order." (c) Upon verification of the identity of the respondent and the existence of an unserved order against the respondent, a sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to complete and serve the short form notification.
SB1192 Enrolled - 271 - LRB098 02592 RLC 32597 b (d) When service is made by short form notification under this Section, it may be proved by the affidavit of the person making the service.
(a) All streetgangs and streetgang members engaged in a course or pattern of gang-related criminal activity within this SB1192 Engrossed - 273 - LRB098 02592 RLC 32597 b State impliedly consent to service of process upon them as set forth in this Section, or as may be otherwise authorized by the Code of Civil Procedure.
SB1192 Enrolled - 272 - LRB098 02592 RLC 32597 b (1) with any gang officer;
Show all 500 changed rows (460 more)
Action History
-
Public Act . . . . . . . . . 98-0558
-
Effective Date January 1, 2014
-
Governor Approved
-
Sent to the Governor
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Passed Both Houses
-
House Floor Amendment No. 2 Senate Concurs 058-000-000
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House Committee Amendment No. 1 Senate Concurs 058-000-000
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House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 006-000-000
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House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 006-000-000
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House Floor Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law
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House Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
-
House Floor Amendment No. 2 Motion to Concur Referred to Assignments
-
House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. William Delgado
-
House Committee Amendment No. 1 Motion to Concur Referred to Assignments
-
House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William Delgado
-
Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 28, 2013
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Secretary's Desk - Concurrence House Amendment(s) 1, 2
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Third Reading - Short Debate - Passed 117-000-000
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Final Action Deadline Extended-9(b) May 31, 2013
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Added Alternate Chief Co-Sponsor Rep. Derrick Smith
-
Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted
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Second Reading - Short Debate
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House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Arthur Turner
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Judiciary; 016-000-000
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House Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
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Final Action Deadline Extended-9(b) May 24, 2013
-
House Committee Amendment No. 1 Rules Refers to Judiciary
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
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Assigned to Judiciary
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Referred to Rules Committee
-
First Reading
-
Chief House Sponsor Rep. Arthur Turner
-
Arrived in House
-
Third Reading - Passed; 053-000-000
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Added as Chief Co-Sponsor Sen. Mattie Hunter
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Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins
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Placed on Calendar Order of 3rd Reading April 23, 2013
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Second Reading
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Placed on Calendar Order of 2nd Reading April 18, 2013
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Do Pass as Amended Criminal Law; 008-000-000
-
Postponed - Criminal Law
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Senate Committee Amendment No. 1 Adopted
-
Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
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Re-assigned to Criminal Law
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Rule 2-10 Committee Deadline Established As April 19, 2013
-
Rule 3-9(a) / Re-referred to Assignments
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Postponed - Criminal Law
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Senate Committee Amendment No. 1 Referred to Assignments
-
Senate Committee Amendment No. 1 Filed with Secretary by Sen. William Delgado
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Postponed - Criminal Law
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Postponed - Criminal Law
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Assigned to Criminal Law
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. William Delgado
Sponsors
- William Delgado · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- William Delgado
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 42 | 0 | 0 | 1 |
| Democrat | 13 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| LaHood | — | Yea |
| Manar | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| McConnaughay | — | Yea |
| Mulroe | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| Kotowski | — | Yea |
| Landek | — | Yea |
| McGuire | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Cullerton, T. | — | Yea |
| Cullerton | — | Yea |
| Muñoz | — | Yea |
| Oberweis | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Not Voting |
| Hutchinson | — | Yea |
| Silverstein | — | Yea |
| Harris | — | Yea |
| Brady | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Noland | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 42 | 0 | 0 | 1 |
| Democrat | 13 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Kotowski | — | Yea |
| Manar | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| Mulroe | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| McConnaughay | — | Yea |
| Muñoz | — | Yea |
| Harris | — | Yea |
| Radogno | — | Yea |
| Silverstein | — | Yea |
| Brady | — | Yea |
| Steans | — | Yea |
| McGuire | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Cullerton, T. | — | Yea |
| Trotter | — | Yea |
| Cullerton | — | Yea |
| LaHood | — | Yea |
| Landek | — | Yea |
| Noland | — | Yea |
| Oberweis | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Not Voting |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 25 | 0 | 0 | 0 |
| Unaffiliated | 84 | 0 | 0 | 1 |
| Republican | 8 | 0 | 0 | 0 |
| Total | 117 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brown | — | Yea |
| Conroy | — | Yea |
| McAsey | — | Yea |
| Costello | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Hurley | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Nekritz | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| McAuliffe | — | Yea |
| McSweeney | — | Yea |
| Senger | — | Yea |
| Sente | — | Yea |
| Smiddy | — | Yea |
| Bradley | — | Yea |
| Brady | — | Yea |
| Durkin | — | Yea |
| Farnham | — | Yea |
| Fortner | — | Yea |
| Madigan | — | Yea |
| Burke, Daniel | — | Yea |
| Mell | — | Yea |
| Burke, Kelly | — | Yea |
| Mitchell, Bill | — | Yea |
| Moffitt | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Christian | — | Yea |
| Phelps | — | Yea |
| Sommer | — | Yea |
| Harris, David | — | Yea |
| Harris, Greg | — | Yea |
| Soto | — | Yea |
| Tabares | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Hernandez | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Verschoore | — | Yea |
| Willis | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Wheeler | — | Yea |
| Williams | — | Yea |
| Davis, Monique | — | Yea |
| Jones | — | Yea |
| Cavaletto | — | Yea |
| Cloonen | — | Yea |
| Cross | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Golar | — | Yea |
| Kosel | — | Yea |
| Pritchard | — | Not Voting |
| Drury | — | Yea |
| Dunkin | — | Yea |
| Harms | — | Yea |
| Hatcher | — | Yea |
| Hays | — | Yea |
| Ives | — | Yea |
| Jackson | — | Yea |
| Kay | — | Yea |
| Osmond | — | Yea |
| Pihos | — | Yea |
| Poe | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Roth | — | Yea |
| Sacia | — | Yea |
| Sandack | — | Yea |
| Schmitz | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 12 | 0 | 0 | 1 |
| Unaffiliated | 38 | 0 | 0 | 5 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 53 | 0 | 0 | 6 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Luechtefeld | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| McConnaughay | — | Yea |
| Link | — | Yea |
| Manar | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| Silverstein | — | Yea |
| Harris | — | Yea |
| Brady | — | Yea |
| McGuire | — | Yea |
| Sullivan | — | Yea |
| Clayborne | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Jacobs | — | Yea |
| Kotowski | — | Yea |
| Cullerton, T. | — | Yea |
| LaHood | — | Yea |
| Cullerton | — | Yea |
| Landek | — | Not Voting |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| Trotter | — | Not Voting |
| Connelly | — | Yea |
| Dillard | — | Not Voting |
| Duffy | — | Not Voting |
| Oberweis | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Not Voting |
| Steans | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Not Voting |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1192 do?
- Amends the Unified Code of Corrections. Provides that a person committed to the Department of Juvenile Justice after adjudication as a delinquent minor shall as a condition of parole either: (1) report to an agent of the Department of Corrections; or (2) report to an aftercare specialist of the Department of Juvenile Justice. Makes permanent the 6-year pilot program that was established in Cook County, DuPage County, Lake County, Will County, and Kane County for select paroled juvenile offenders. Makes the program applicable throughout the State. Provides that a paroled delinquent minor may, in the discretion of the Department of Juvenile Justice, either be required to report to a parole agent of the Department of Corrections or be assigned an aftercare specialist. Provides that the Department of Juvenile Justice shall provide training for and promulgate rules for the aftercare specialists providing supervision and services under the program to establish their authority with regard to participants who violate rules or conditions of parole, including service of warrants for alleged violations and the authority to arrest, detain, and transport participants to return them to Department custody for alleged violations of parole. Effective immediately.
- Who sponsors SB 1192?
- SB 1192 is sponsored by William Delgado.
- What is the current status of SB 1192?
- This bill has been enacted into law. Introduced January 30, 2013. Enacted.
- Where can I track SB 1192?
- Track SB 1192 free on One Click Politics — get push/email alerts when it moves.
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