HB 121 — SEX OFFENDERS-RESTRICTIONS

HB0121 EngrossedEnrolled LRB094 04173 RLC 34197 b AN ACT in relation to sex offenders.

12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-16 HB0121 EngrossedEnrolled - 2 - LRB094 04173 RLC 34197 b (aggravated criminal sexual abuse), and subsection (a) of Section 12-15 (criminal sexual abuse).

HB0121 EngrossedEnrolled - 3 - LRB094 04173 RLC 34197 b (f) "Director" means the Director of the Department of Corrections.

(m) Whenever medical treatment, service, counseling, or care is referred to in this Unified Code of Corrections, such term may be construed by the Department or Court, within its discretion, to include treatment, service or counseling by a Christian Science practitioner or nursing care appropriate therewith whenever request therefor is made by a person subject HB0121 EngrossedEnrolled - 4 - LRB094 04173 RLC 34197 b to the provisions of this Act.

(7.5) if convicted of a sex offense as defined in the Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment HB0121 EngrossedEnrolled - 5 - LRB094 04173 RLC 34197 b conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;

These instructions by the parole agent may be modified at HB0121 EngrossedEnrolled - 6 - LRB094 04173 RLC 34197 b any time, as the agent deems appropriate;

(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex HB0121 EngrossedEnrolled - 7 - LRB094 04173 RLC 34197 b offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release:

(10) neither possess or have under his or her control HB0121 EngrossedEnrolled - 8 - LRB094 04173 RLC 34197 b any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;

HB0121 EngrossedEnrolled - 9 - LRB094 04173 RLC 34197 b (d) After a hearing under Section 3-3-9, the Prisoner Review Board may modify or enlarge the conditions of parole or mandatory supervised release.

Transfer of a person’s probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate HB0121 EngrossedEnrolled - 10 - LRB094 04173 RLC 34197 b Compact for Adult Offender Supervision;

The court shall revoke the probation or conditional discharge of a person who wilfully HB0121 EngrossedEnrolled - 11 - LRB094 04173 RLC 34197 b fails to comply with this clause (7).

(10) if convicted of a sex offense as defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 HB0121 EngrossedEnrolled - 12 - LRB094 04173 RLC 34197 b years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.

(v) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is convicted of a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of HB0121 EngrossedEnrolled - 13 - LRB094 04173 RLC 34197 b the real property comprising a school;

and HB0121 EngrossedEnrolled - 14 - LRB094 04173 RLC 34197 b (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.

(13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, to a "local anti-crime program", as defined in Section 7 of the HB0121 EngrossedEnrolled - 15 - LRB094 04173 RLC 34197 b Anti-Crime Advisory Council Act;

(e) Except where the offender has committed a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge HB0121 EngrossedEnrolled - 16 - LRB094 04173 RLC 34197 b that the offender be committed to a period of imprisonment in excess of 6 months.

The county treasurer shall deposit the fees collected in the county HB0121 EngrossedEnrolled - 17 - LRB094 04173 RLC 34197 b working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.

and (2) the circuit court has authorized, by administrative order issued by the chief judge, the creation of a Crime Victim’s Services HB0121 EngrossedEnrolled - 18 - LRB094 04173 RLC 34197 b Fund, to be administered by the Chief Judge or his or her designee, for services to crime victims and their families.

HB0121 EngrossedEnrolled - 19 - LRB094 04173 RLC 34197 b (Source:

For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang HB0121 EngrossedEnrolled - 20 - LRB094 04173 RLC 34197 b Terrorism Omnibus Prevention Act.

(9) make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss HB0121 EngrossedEnrolled - 21 - LRB094 04173 RLC 34197 b or make restitution under Section 5-5-6 to a domestic violence shelter.

(16) refrain from having in his or her body the HB0121 EngrossedEnrolled - 22 - LRB094 04173 RLC 34197 b presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

Two years after the discharge and HB0121 EngrossedEnrolled - 23 - LRB094 04173 RLC 34197 b dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law.

The clerk of the circuit court shall pay all moneys collected from these fees to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic HB0121 EngrossedEnrolled - 24 - LRB094 04173 RLC 34197 b monitoring.

(j) All fines and costs imposed under this Section for any HB0121 EngrossedEnrolled - 25 - LRB094 04173 RLC 34197 b violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.

(l) The court shall require a defendant placed on supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control HB0121 EngrossedEnrolled - 26 - LRB094 04173 RLC 34197 b Act or Illinois Controlled Substances Act or a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and after a finding by the court that the person is addicted, to undergo treatment at a substance abuse program approved by the court.

A law enforcement agency having jurisdiction may provide to the public a special alert list warning parents to be aware that sex offenders may attempt to HB0121 EngrossedEnrolled - 27 - LRB094 04173 RLC 34197 b contact children during holidays involving children, such as Halloween, Christmas, and Easter and to inform parents that information containing the names and addresses of registered sex offenders are accessible on the Internet by means of a hyperlink labeled "Sex Offender Information" on the Department of State Police’s World Wide Web home page and are available for public inspection at the agency’s headquarters.