Bill Amendment: IL SB2777 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM CD-CORRECTIONS-JUVENILES

Status: 2016-07-25 - Public Act . . . . . . . . . 99-0628 [SB2777 Detail]

Download: Illinois-2015-SB2777-Senate_Amendment_001.html

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Sen. Kwame Raoul

Filed: 3/10/2016

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AMENDMENT TO SENATE BILL 2777
AMENDMENT NO. ______. Amend Senate Bill 2777 by replacing
everything after the enacting clause with the following:
"Section 5. The Sex Offender Management Board Act is
amended by changing Section 17 as follows:
(20 ILCS 4026/17)
Sec. 17. Sentencing of sex offenders; treatment based upon
evaluation required.
(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
subsequent recommendations by the Administrative Office of the
Illinois Courts or the county probation department, whichever
is appropriate. Beginning on January 1, 2014, the treatment

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shall be with a sex offender treatment provider or associate
sex offender provider as defined in Section 10 of this Act and
at the offender's own expense based upon the offender's ability
to pay for such treatment.
(b) Beginning on January 1, 2004, each sex offender placed
on parole, aftercare release, or mandatory supervised release
by the Prisoner Review Board shall be required as a condition
of parole or aftercare release to undergo treatment based upon
any evaluation or subsequent reevaluation regarding such
offender during the offender's incarceration or any period of
parole or aftercare release. Beginning on January 1, 2014, the
treatment shall be by a sex offender treatment provider or
associate sex offender provider as defined in Section 10 of
this Act and at the offender's expense based upon the
offender's ability to pay for such treatment.
(Source: P.A. 97-1098, eff. 1-1-13; 98-558, eff. 1-1-14.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 5-710, 5-740, and 5-745 as follows:
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, 5-815,
a minor who is found guilty under Section 5-620 may be:

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(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after the effective date of this
amendatory Act of the 98th General Assembly and before
January 1, 2017, placed in the guardianship of the
Department of Children and Family Services, but only if
the delinquent minor is under 16 years of age or,
pursuant to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. On and after January 1, 2017, placed in the
guardianship of the Department of Children and Family
Services, but only if the delinquent minor is under 15
years of age or, pursuant to Article II of this Act, a
minor for whom an independent basis of abuse, neglect,

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or dependency exists. An independent basis exists when
the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that
the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order
was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit

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for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts. The
limitation that the minor shall only be placed in a
juvenile detention home does not apply as follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;
(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's license
or driving privileges suspended for such time as
determined by the court but only until he or she

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attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer than
upon attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic home detention under Part
7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder a term of
imprisonment in the penitentiary system of the Department
of Corrections is permitted by law for adults found guilty
of the offense for which the minor was adjudicated
delinquent. The court shall include in the sentencing order
any pre-custody credits the minor is entitled to under
Section 5-4.5-100 of the Unified Code of Corrections. The

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time during which a minor is in custody before being
released upon the request of a parent, guardian or legal
custodian shall also be considered as time spent in
custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of the
court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in
a substance abuse program approved by the Department of
Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.

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The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.

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(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Article V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not be
illegal if committed by an adult.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of

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subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court

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shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961
or the Criminal Code of 2012, a violation of any Section of
Article 24 of the Criminal Code of 1961 or the Criminal Code of
2012, or a violation of any statute that involved the wrongful
use of a firearm. If the court determines the question in the
affirmative, and the court does not commit the minor to the
Department of Juvenile Justice, the court shall order the minor

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to perform community service for not less than 30 hours nor
more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal
Code of 2012 and similar damage to property located in the
municipality or county in which the violation occurred. When
possible and reasonable, the community service shall be
performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section except
for an order to place the minor in the custody of the
Department of Juvenile Justice. For the purposes of this
Section, "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall

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not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) If a minor is found to be guilty of a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the
offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to

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remit a fee for his or her attendance at a smoker's education
or youth diversion program.
For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (12):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;

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99-268, eff. 1-1-16.)
(705 ILCS 405/5-740)
Sec. 5-740. Placement; legal custody or guardianship.
(1) If the court finds that the parents, guardian, or legal
custodian of a minor adjudged a ward of the court are unfit or
are unable, for some reason other than financial circumstances
alone, to care for, protect, train or discipline the minor or
are unwilling to do so, and that appropriate services aimed at
family preservation and family reunification have been
unsuccessful in rectifying the conditions which have led to a
finding of unfitness or inability to care for, protect, train
or discipline the minor, and that it is in the best interest of
the minor to take him or her from the custody of his or her
parents, guardian or custodian, the court may:
(a) place him or her in the custody of a suitable
relative or other person;
(b) place him or her under the guardianship of a
probation officer;
(c) commit him or her to an agency for care or
placement, except an institution under the authority of the
Department of Juvenile Justice Corrections or of the
Department of Children and Family Services;
(d) commit him or her to some licensed training school
or industrial school; or
(e) commit him or her to any appropriate institution

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having among its purposes the care of delinquent children,
including a child protective facility maintained by a child
protection district serving the county from which
commitment is made, but not including any institution under
the authority of the Department of Juvenile Justice
Corrections or of the Department of Children and Family
Services.
(2) When making such placement, the court, wherever
possible, shall select a person holding the same religious
belief as that of the minor or a private agency controlled by
persons of like religious faith of the minor and shall require
the Department of Children and Family Services to otherwise
comply with Section 7 of the Children and Family Services Act
in placing the child. In addition, whenever alternative plans
for placement are available, the court shall ascertain and
consider, to the extent appropriate in the particular case, the
views and preferences of the minor.
(3) When a minor is placed with a suitable relative or
other person, the court shall appoint him or her the legal
custodian or guardian of the person of the minor. When a minor
is committed to any agency, the court shall appoint the proper
officer or representative of the proper officer as legal
custodian or guardian of the person of the minor. Legal
custodians and guardians of the person of the minor have the
respective rights and duties set forth in subsection (9) of
Section 5-105 except as otherwise provided by order of court;

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but no guardian of the person may consent to adoption of the
minor. An agency whose representative is appointed guardian of
the person or legal custodian of the minor may place him or her
in any child care facility, but the facility must be licensed
under the Child Care Act of 1969 or have been approved by the
Department of Children and Family Services as meeting the
standards established for such licensing. Like authority and
restrictions shall be conferred by the court upon any probation
officer who has been appointed guardian of the person of a
minor.
(4) No placement by any probation officer or agency whose
representative is appointed guardian of the person or legal
custodian of a minor may be made in any out of State child care
facility unless it complies with the Interstate Compact on the
Placement of Children.
(5) The clerk of the court shall issue to the guardian or
legal custodian of the person a certified copy of the order of
court, as proof of his or her authority. No other process is
necessary as authority for the keeping of the minor.
(6) Legal custody or guardianship granted under this
Section continues until the court otherwise directs, but not
after the minor reaches the age of 21 years except as set forth
in Section 5-750.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-745)

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Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act, including the
Department of Juvenile Justice for youth committed under
Section 5-750 of this Act, to report periodically to the court
or may cite him or her into court and require him or her, or his
or her agency, to make a full and accurate report of his or her
or its doings in behalf of the minor, including efforts to
secure post-release placement of the youth after release from
the Department's facilities. The legal custodian or guardian,
within 10 days after the citation, shall make the report,
either in writing verified by affidavit or orally under oath in
open court, or otherwise as the court directs. Upon the hearing
of the report the court may remove the legal custodian or
guardian and appoint another in his or her stead or restore the
minor to the custody of his or her parents or former guardian
or legal custodian.
(2) A guardian or legal custodian appointed by the court
under Section 5-740 of this Act shall file updated case plans
with the court every 6 months. Every agency which has
guardianship of a child shall file a supplemental petition for
court review, or review by an administrative body appointed or
approved by the court and further order within 18 months of the
sentencing order and each 18 months thereafter. The petition
shall state facts relative to the child's present condition of
physical, mental and emotional health as well as facts relative

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to his or her present custodial or foster care. The petition
shall be set for hearing and the clerk shall mail 10 days
notice of the hearing by certified mail, return receipt
requested, to the person or agency having the physical custody
of the child, the minor and other interested parties unless a
written waiver of notice is filed with the petition.
If the minor is in the custody of the Illinois Department
of Children and Family Services, pursuant to an order entered
under this Article, the court shall conduct permanency hearings
as set out in subsections (1), (2), and (3) of Section 2-28 of
Article II of this Act.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(3) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his or her
parents or former guardian or custodian. In the event that the
minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his or
her guardianship or custody, guardianship or legal custody
shall terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal custodian
or guardian of the person may be removed without his or her
consent until given notice and an opportunity to be heard by

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the court.
(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)
Section 15. The Criminal Code of 2012 is amended by
changing Sections 19-4, 21-1, 21-1.01, 21-1.3, 26-1, and 31-4
as follows:
(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
Sec. 19-4. Criminal trespass to a residence.
(a) (1) A person commits criminal trespass to a residence
when, without authority, he or she knowingly enters or remains
within any residence, including a house trailer that is the
dwelling place of another.
(2) A person commits criminal trespass to a residence when,
without authority, he or she knowingly enters the residence of
another and knows or has reason to know that one or more
persons is present or he or she knowingly enters the residence
of another and remains in the residence after he or she knows
or has reason to know that one or more persons is present.
(a-5) For purposes of this Section, in the case of a
multi-unit residential building or complex, "residence" shall
only include the portion of the building or complex which is
the actual dwelling place of any person and shall not include
such places as common recreational areas or lobbies.
(b) Sentence.
(1) Criminal trespass to a residence under paragraph

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(1) of subsection (a) is a Class A misdemeanor.
(2) Criminal trespass to a residence under paragraph
(2) of subsection (a) is a Class 4 felony when the offender
has attained the age of 18 years at the time of the
commission of the offense and is a Class A misdemeanor when
the offender was under the age of 18 years at the time of
the commission of the offense.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he or
she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages
property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another
without his or her consent;
(5) knowingly deposits on the land or in the building
of another any stink bomb or any offensive smelling
compound and thereby intends to interfere with the use by
another of the land or building;
(6) knowingly damages any property, other than as
described in paragraph (2) of subsection (a) of Section
20-1, with intent to defraud an insurer;

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(7) knowingly shoots a firearm at any portion of a
railroad train;
(8) knowingly, without proper authorization, cuts,
injures, damages, defaces, destroys, or tampers with any
fire hydrant or any public or private fire fighting
equipment, or any apparatus appertaining to fire fighting
equipment; or
(9) intentionally, without proper authorization, opens
any fire hydrant.
(b) When the charge of criminal damage to property
exceeding a specified value is brought, the extent of the
damage is an element of the offense to be resolved by the trier
of fact as either exceeding or not exceeding the specified
value.
(c) It is an affirmative defense to a violation of
paragraph (1), (3), or (5) of subsection (a) of this Section
that the owner of the property or land damaged consented to the
damage.
(d) Sentence.
(1) A violation of subsection (a) shall have the
following penalties:
(A) A violation of paragraph (8) or (9) is a Class
B misdemeanor.
(B) A violation of paragraph (1), (2), (3), (5), or
(6) is a Class A misdemeanor when the damage to
property does not exceed $300.

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(C) A violation of paragraph (1), (2), (3), (5),
or (6) is a Class 4 felony when the offender has
attained the age of 18 years at the time of the
commission of the offense, the damage to property does
not exceed $300 and the damage occurs to property of a
school or place of worship or to farm equipment or
immovable items of agricultural production, including
but not limited to grain elevators, grain bins, and
barns or property which memorializes or honors an
individual or group of police officers, fire fighters,
members of the United States Armed Forces, National
Guard, or veterans.
(D) A violation of paragraph (4) is a Class 4
felony when the offender has attained the age of 18
years at the time of the commission of the offense and
the damage to property does not exceed $10,000. A
violation of paragraph (4) is a Class A misdemeanor
when the offender was under the age of 18 years at the
time of the commission of the offense and the damage to
property does not exceed $10,000.
(E) A violation of paragraph (7) is a Class 4
felony when the offender has attained the age of 18
years at the time of the commission of the offense and
is a Class A misdemeanor when the offender was under
the age of 18 years at the time of the commission of
the offense.

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(F) A violation of paragraph (1), (2), (3), (5) or
(6) is a Class 4 felony when the offender has attained
the age of 18 years at the time of the commission of
the offense and the damage to property exceeds $300 but
does not exceed $10,000. A violation of paragraph (1),
(2), (3), (5) or (6) is a Class A misdemeanor when the
offender was under the age of 18 years at the time of
the commission of the offense and the damage to
property exceeds $300 but does not exceed $10,000.
(G) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds $300
but does not exceed $10,000 and the damage occurs to
property of a school or place of worship or to farm
equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States
Armed Forces, National Guard, or veterans.
(H) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds
$10,000 but does not exceed $100,000.
(I) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$10,000 but does not exceed $100,000 and the damage
occurs to property of a school or place of worship or

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to farm equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States
Armed Forces, National Guard, or veterans.
(J) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$100,000. A violation of paragraphs (1) through (6) is
a Class 1 felony when the damage to property exceeds
$100,000 and the damage occurs to property of a school
or place of worship or to farm equipment or immovable
items of agricultural production, including but not
limited to grain elevators, grain bins, and barns or
property which memorializes or honors an individual or
group of police officers, fire fighters, members of the
United States Armed Forces, National Guard, or
veterans.
(2) When the damage to property exceeds $10,000, the
court shall impose upon the offender a fine equal to the
value of the damages to the property.
(3) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
criminal damage to property to perform community service
for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction and is

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funded and approved by the county board of the county where
the offense was committed. In addition, whenever any person
is placed on supervision for an alleged offense under this
Section, the supervision shall be conditioned upon the
performance of the community service.
The community service requirement does not apply when
the court imposes a sentence of incarceration.
(4) In addition to any criminal penalties imposed for a
violation of this Section, if a person is convicted of or
placed on supervision for knowingly damaging or destroying
crops of another, including crops intended for personal,
commercial, research, or developmental purposes, the
person is liable in a civil action to the owner of any
crops damaged or destroyed for money damages up to twice
the market value of the crops damaged or destroyed.
(5) For the purposes of this subsection (d), "farm
equipment" means machinery or other equipment used in
farming.
(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14.)
(720 ILCS 5/21-1.01) (was 720 ILCS 5/21-4)
Sec. 21-1.01. Criminal Damage to Government Supported
Property.
(a) A person commits criminal damage to government
supported property when he or she knowingly:
(1) damages any government supported property without

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the consent of the State;
(2) by means of fire or explosive damages government
supported property;
(3) starts a fire on government supported property
without the consent of the State; or
(4) deposits on government supported land or in a
government supported building, without the consent of the
State, any stink bomb or any offensive smelling compound
and thereby intends to interfere with the use by another of
the land or building.
(b) For the purposes of this Section, "government
supported" means any property supported in whole or in part
with State funds, funds of a unit of local government or school
district, or federal funds administered or granted through
State agencies.
(c) Sentence. A violation of this Section when the offender
has attained the age of 18 years at the time of the commission
of the offense is a Class 4 felony when the damage to property
is $500 or less; a Class 3 felony when the damage to property
exceeds $500 but does not exceed $10,000; a Class 2 felony when
the damage to property exceeds $10,000 but does not exceed
$100,000; and a Class 1 felony when the damage to property
exceeds $100,000. A violation of this Section when the offender
was under the age of 18 years at the time of the commission of
the offense is a Class A misdemeanor when the damage to
property is $500 or less; a Class 4 felony when the damage to

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property exceeds $500 but does not exceed $10,000; a Class 3
felony when the damage to property exceeds $10,000 but does not
exceed $100,000; and a Class 2 felony when the damage to
property exceeds $100,000. When the damage to property exceeds
$10,000, the court shall impose upon the offender a fine equal
to the value of the damages to the property.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property when
the person knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the
use of paint or any other similar substance, or by the use of a
writing instrument, etching tool, or any other similar device.
It is an affirmative defense to a violation of this Section
that the owner of the property damaged consented to such
damage.
(b) Sentence.
(1) Criminal defacement of property is a Class A
misdemeanor for a first offense when the aggregate value of
the damage to the property does not exceed $300. Criminal
defacement of property is a Class 4 felony when the
offender has attained the age of 18 years at the time of
the commission of the offense, the aggregate value of the
damage to property does not exceed $300 and the property

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damaged is a school building or place of worship or
property which memorializes or honors an individual or
group of police officers, fire fighters, members of the
United States Armed Forces or National Guard, or veterans.
Criminal defacement of property is a Class 4 felony when
the offender has attained the age of 18 years at the time
of the commission of the offense for a second or subsequent
conviction or when the aggregate value of the damage to the
property exceeds $300. Criminal defacement of property is a
Class 3 felony when the offender has attained the age of 18
years at the time of the commission of the offense, the
aggregate value of the damage to property exceeds $300 and
the property damaged is a school building or place of
worship or property which memorializes or honors an
individual or group of police officers, fire fighters,
members of the United States Armed Forces or National
Guard, or veterans. Criminal defacement of property is a
Class A misdemeanor when the offender was under the age of
18 years at the time of the commission of the offense for a
second or subsequent conviction or when the aggregate value
of the damage to the property exceeds $300. Criminal
defacement of property is a Class 4 felony when the
offender was under the age of 18 years at the time of the
commission of the offense, the aggregate value of the
damage to property exceeds $300, and the property damaged
is a school building or place of worship or property which

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memorializes or honors an individual or group of police
officers, fire fighters, members of the United States Armed
Forces or National Guard, or veterans.
(2) In addition to any other sentence that may be
imposed for a violation of this Section, a person convicted
of criminal defacement of property shall:
(A) pay the actual costs incurred by the property
owner or the unit of government to abate, remediate,
repair, or remove the effect of the damage to the
property. To the extent permitted by law,
reimbursement for the costs of abatement, remediation,
repair, or removal shall be payable to the person who
incurred the costs; and
(B) if convicted of criminal defacement of
property that is chargeable as a Class 3 or Class 4
felony, pay a mandatory minimum fine of $500.
(3) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
criminal defacement of property to perform community
service for not less than 30 and not more than 120 hours,
if community service is available in the jurisdiction. The
community service shall include, but need not be limited
to, the cleanup and repair of the damage to property that
was caused by the offense, or similar damage to property
located in the municipality or county in which the offense
occurred. When the property damaged is a school building,

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the community service may include cleanup, removal, or
painting over the defacement. In addition, whenever any
person is placed on supervision for an alleged offense
under this Section, the supervision shall be conditioned
upon the performance of the community service.
(4) For the purposes of this subsection (b), aggregate
value shall be determined by adding the value of the damage
to one or more properties if the offenses were committed as
part of a single course of conduct.
(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14;
98-466, eff. 8-16-13; 98-756, eff. 7-16-14.)
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace;
(2) Transmits or causes to be transmitted in any manner
to the fire department of any city, town, village or fire
protection district a false alarm of fire, knowing at the
time of the transmission that there is no reasonable ground
for believing that the fire exists;
(3) Transmits or causes to be transmitted in any manner
to another a false alarm to the effect that a bomb or other

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explosive of any nature or a container holding poison gas,
a deadly biological or chemical contaminant, or
radioactive substance is concealed in a place where its
explosion or release would endanger human life, knowing at
the time of the transmission that there is no reasonable
ground for believing that the bomb, explosive or a
container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in the place;
(3.5) Transmits or causes to be transmitted a threat of
destruction of a school building or school property, or a
threat of violence, death, or bodily harm directed against
persons at a school, school function, or school event,
whether or not school is in session;
(4) Transmits or causes to be transmitted in any manner
to any peace officer, public officer or public employee a
report to the effect that an offense will be committed, is
being committed, or has been committed, knowing at the time
of the transmission that there is no reasonable ground for
believing that the offense will be committed, is being
committed, or has been committed;
(5) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting the report
is necessary for the safety and welfare of the public; or
(6) Calls the number "911" for the purpose of making or

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transmitting a false alarm or complaint and reporting
information when, at the time the call or transmission is
made, the person knows there is no reasonable ground for
making the call or transmission and further knows that the
call or transmission could result in the emergency response
of any public safety agency;
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act";
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing
Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act,
or the MC/DD Act;
(9) Transmits or causes to be transmitted in any manner
to the police department or fire department of any
municipality or fire protection district, or any privately
owned and operated ambulance service, a false request for
an ambulance, emergency medical technician-ambulance or
emergency medical technician-paramedic knowing at the time
there is no reasonable ground for believing that the
assistance is required;
(10) Transmits or causes to be transmitted a false
report under Article II of Public Act 83-1432 "An Act in
relation to victims of violence and abuse", approved

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September 16, 1984, as amended;
(11) Enters upon the property of another and for a lewd
or unlawful purpose deliberately looks into a dwelling on
the property through any window or other opening in it; or
(12) While acting as a collection agency as defined in
the Collection Agency Act or as an employee of the
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged debtor
which is designed to harass, annoy or intimidate the
alleged debtor.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
violation of subsection (a)(8) or (a)(10) of this Section is a
Class B misdemeanor. A violation of subsection (a)(2),
(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
a Class 4 felony when the offender has attained the age of 18
years at the time of the commission of the offense and is a
Class A misdemeanor when the offender was under the age of 18
years at the time of the commission of the offense. A violation
of subsection (a)(3) of this Section is a Class 3 felony, for
which a fine of not less than $3,000 and no more than $10,000
shall be assessed in addition to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a
Business Offense and shall be punished by a fine not to exceed
$3,000. A second or subsequent violation of subsection (a)(7)

09900SB2777sam001 - 35 - LRB099 20630 RLC 46004 a
or (a)(5) of this Section is a Class 4 felony when the offender
has attained the age of 18 years at the time of the commission
of the offense and is a Class A misdemeanor when the offender
was under the age of 18 years at the time of the commission of
the offense. A third or subsequent violation of subsection
(a)(11) of this Section is a Class 4 felony when the offender
has attained the age of 18 years at the time of the commission
of the offense and is a Class A misdemeanor when the offender
was under the age of 18 years at the time of the commission of
the offense.
(c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct
to perform community service for not less than 30 and not more
than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that

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employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device.
(e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (6) of subsection (a) to reimburse the
public agency for the reasonable costs of the emergency
response by the public agency up to $10,000. If the court
determines that the person convicted of disorderly conduct
under paragraph (6) of subsection (a) is indigent, the
provisions of this subsection (e) do not apply.
(f) For the purposes of this Section, "emergency response"
means any condition that results in, or could result in, the
response of a public official in an authorized emergency
vehicle, any condition that jeopardizes or could jeopardize
public safety and results in, or could result in, the
evacuation of any area, building, structure, vehicle, or of any
other place that any person may enter, or any incident
requiring a response by a police officer, a firefighter, a
State Fire Marshal employee, or an ambulance.
(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
99-180, eff. 7-29-15; revised 10-16-15.)
(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
Sec. 31-4. Obstructing justice.
(a) A person obstructs justice when, with intent to prevent

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the apprehension or obstruct the prosecution or defense of any
person, he or she knowingly commits any of the following acts:
(1) Destroys, alters, conceals or disguises physical
evidence, plants false evidence, furnishes false
information; or
(2) Induces a witness having knowledge material to the
subject at issue to leave the State or conceal himself or
herself; or
(3) Possessing knowledge material to the subject at
issue, he or she leaves the State or conceals himself; or
(4) If a parent, legal guardian, or caretaker of a
child under 13 years of age reports materially false
information to a law enforcement agency, medical examiner,
coroner, State's Attorney, or other governmental agency
during an investigation of the disappearance or death of a
child under circumstances described in subsection (a) or
(b) of Section 10-10 of this Code.
(b) Sentence.
(1) Obstructing justice is a Class 4 felony when the
offender has attained the age of 18 years at the time of
the commission of the offense and is a Class A misdemeanor
when the offender was under the age of 18 years at the time
of the commission of the offense, except as provided in
paragraph (2) of this subsection (b).
(2) Obstructing justice in furtherance of streetgang
related or gang-related activity, as defined in Section 10

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of the Illinois Streetgang Terrorism Omnibus Prevention
Act, is a Class 3 felony.
(Source: P.A. 97-1079, eff. 1-1-13.)
Section 20. The Illinois Controlled Substances Act is
amended by changing Section 509 as follows:
(720 ILCS 570/509) (from Ch. 56 1/2, par. 1509)
Sec. 509. Whenever any court in this State grants probation
to any person that the court has reason to believe is or has
been an addict or unlawful possessor of controlled substances,
the court shall require, as a condition of probation, that the
probationer submit to periodic tests by the Department of
Corrections to determine by means of appropriate chemical
detection tests whether the probationer is using controlled
substances. 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
controlled substance. Whenever the Prisoner Review Parole and
Pardon Board grants parole or the Department of Juvenile
Justice grants aftercare release to a person believed to have
whom the Board has reason to believe has been an unlawful
possessor or addict of controlled substances, the Board or
Department shall require as a condition of parole or aftercare
release that the parolee or aftercare releasee submit to
appropriate periodic chemical tests by the Department of

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Corrections or the Department of Juvenile Justice to determine
whether the parolee or aftercare releasee is using controlled
substances.
(Source: P.A. 98-558, eff. 1-1-14.)
Section 25. The Rights of Crime Victims and Witnesses Act
is amended by changing Sections 4.5 and 5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(a-5) When law enforcement authorities re-open a closed
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
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:

09900SB2777sam001 - 40 - LRB099 20630 RLC 46004 a
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that

09900SB2777sam001 - 41 - LRB099 20630 RLC 46004 a
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;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require victims
to be in close proximity to defendants or juveniles accused
of a violent crime, and their families and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of 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

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Attorney, is to 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;
(9.5) shall inform the victim of (A) the victim's right
under Section 6 of this Act to make a victim impact
statement at the sentencing hearing; (B) the right of the
victim's spouse, guardian, parent, grandparent and other
immediate family and household members under Section 6 of
this Act to present an impact statement at sentencing; and
(C) if a presentence report is to be prepared, the right of
the victim's spouse, guardian, parent, grandparent and
other immediate family and household members to submit
information to the preparer of the presentence report about
the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant under subparagraph
(d)(1) of this Section;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;

09900SB2777sam001 - 43 - LRB099 20630 RLC 46004 a
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after 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;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written victim
impact statement, if prepared prior to entering into a plea
agreement. The right to consult with the prosecutor does
not include the right to veto a plea agreement or to insist
the case go to trial. If the State's Attorney has not
consulted with the victim prior to making an offer or
entering into plea negotiations with the defendant, the
Office of the State's Attorney shall notify the victim of
the offer or the negotiations within 2 business days and
confer with the victim;

09900SB2777sam001 - 44 - LRB099 20630 RLC 46004 a
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the appropriate
agency handling the appeal, and how to request notice of
any hearing, oral argument, or decision of an appellate
court;
(18) shall provide timely 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 place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall be
given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered by the Board in making
a its determination under Section 3-2.5-85 or subsection
(b) of Section 3-3-8 of the Unified Code of Corrections.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:

09900SB2777sam001 - 45 - LRB099 20630 RLC 46004 a
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time provide
a revised written notice to the State's Attorney. The
State's Attorney shall file the written notice with the
court. At the beginning of any court proceeding in which
the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any

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court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the victim's
attorney regarding the assertion or enforcement of a
right. If the prosecuting attorney decides not to
assert or enforce a victim's right, the prosecuting
attorney shall notify the victim or the victim's
attorney in sufficient time to allow the victim or the
victim's attorney to assert the right or to seek
enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, and the court
denies the assertion of the right or denies the request
for enforcement of a right, the victim or victim's

09900SB2777sam001 - 47 - LRB099 20630 RLC 46004 a
attorney may file a motion to assert the victim's right
or to request enforcement of the right within 10 days
of the court's ruling. The motion need not demonstrate
the grounds for a motion for reconsideration. The court
shall rule on the merits of the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall be
clearly stated on the record.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and then
awarding appropriate relief to the victim.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled and may include reopening
previously held proceedings; however, in no event
shall the court vacate a conviction. Any remedy shall
be tailored to provide the victim an appropriate remedy
without violating any constitutional right of the
defendant. In no event shall the appropriate remedy be

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a new trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding that
the victim's testimony will be materially affected if the
victim hears other testimony at trial.
(8) Right to have advocate present. A party who intends
to call an advocate as a witness must seek permission of
the court before the subpoena is issued. The party must
file a written motion and offer of proof regarding the
anticipated testimony of the advocate in sufficient time to
allow the court to rule and the victim to seek appellate
review. The court shall rule on the motion without delay.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant who seeks to subpoena records of or concerning
the victim that are confidential or privileged by law must
seek permission of the court before the subpoena is issued.

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The defendant must file a written motion and an offer of
proof regarding the relevance, admissibility and
materiality of the records. If the court finds by a
preponderance of the evidence that: (A) the records are not
protected by an absolute privilege and (B) the records
contain relevant, admissible, and material evidence that
is not available through other witnesses or evidence, the
court shall issue a subpoena requiring a sealed copy of the
records be delivered to the court to be reviewed in camera.
If, after conducting an in camera review of the records,
the court determines that due process requires disclosure
of any portion of the records, the court shall provide
copies of what it intends to disclose to the prosecuting
attorney and the victim. The prosecuting attorney and the
victim shall have 30 days to seek appellate review before
the records are disclosed to the defendant. The disclosure
of copies of any portion of the records to the prosecuting
attorney does not make the records subject to discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of the
time, place, and purpose of the court proceeding and that
the victim had a right to be heard at the court proceeding.
If the court determines that timely notice was not given or
that the victim was not adequately informed of the nature

09900SB2777sam001 - 50 - LRB099 20630 RLC 46004 a
of the court proceeding, the court shall not rule on any
substantive issues, accept a plea, or impose a sentence and
shall continue the hearing for the time necessary to notify
the victim of the time, place and nature of the court
proceeding. The time between court proceedings shall not be
attributable to the State under Section 103-5 of the Code
of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling on
a motion to continue trial or other court proceeding, the
court shall inquire into the circumstances for the request
for the delay and, if the victim has provided written
notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has not
conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested

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continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall, within
5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days after
sentencing. Failure to timely provide information and
documentation related to restitution shall be deemed a
waiver of the right to restitution. The prosecutor
shall file and serve within 60 days after sentencing a
proposed judgment for restitution and a notice that
includes information concerning the identity of any
victims or other persons seeking restitution, whether
any victim or other person expressly declines

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restitution, the nature and amount of any damages
together with any supporting documentation, a
restitution amount recommendation, and the names of
any co-defendants and their case numbers. Within 30
days after receipt of the proposed judgment for
restitution, the defendant shall file any objection to
the proposed judgment, a statement of grounds for the
objection, and a financial statement. If the defendant
does not file an objection, the court may enter the
judgment for restitution without further proceedings.
If the defendant files an objection and either party
requests a hearing, the court shall schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the

09900SB2777sam001 - 53 - LRB099 20630 RLC 46004 a
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to the
victim any of the information that has been redacted if
there is a reasonable likelihood that the information
will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney or the
prosecuting attorney may file an appeal within 30 days of
the trial court's ruling. The trial or appellate court may
stay the court proceedings if the court finds that a stay
would not violate a constitutional right of the defendant.
If the appellate court denies the relief sought, the
reasons for the denial shall be clearly stated in a written
opinion. In any appeal in a criminal case, the State may
assert as error the court's denial of any crime victim's
right in the proceeding to which the appeal relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(d)(1) The Prisoner Review Board shall inform a victim or

09900SB2777sam001 - 54 - LRB099 20630 RLC 46004 a
any other concerned citizen, upon written request, of the
prisoner's release on parole, aftercare release, mandatory
supervised release, electronic detention, work release,
international transfer or exchange, or by the custodian, other
than the Department of Juvenile Justice, of the discharge of
any individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney
shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority.
(2) When the defendant has been committed to the Department
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

09900SB2777sam001 - 55 - LRB099 20630 RLC 46004 a
off-grounds pass, an unsupervised off-grounds pass, or
conditional release; the release on an off-grounds pass; the
return from an off-grounds pass; transfer to another facility;
conditional release; escape; death; or final discharge from
State custody. The Department of Human Services shall establish
and maintain a statewide telephone number to be used by victims
to make notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile Justice
immediately shall notify the Prisoner Review Board of the
escape and the Prisoner Review Board shall notify the victim.
The notification shall be based upon the most recent
information as to the victim's residence or other location
available to the Board. When no such information is available,
the Board shall make all reasonable efforts to obtain the
information and make the notification. When the escapee is
apprehended, the Department of Corrections or the Department of
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
sentenced shall receive reasonable written notice not less than
30 days prior to the parole or aftercare release hearing or
target aftercare release date and may submit, in writing, on
film, videotape or other electronic means or in the form of a

09900SB2777sam001 - 56 - LRB099 20630 RLC 46004 a
recording prior to the parole hearing or target aftercare
release date or in person at the parole hearing or aftercare
release protest hearing 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 or Department of Juvenile Justice. The victim
shall be notified within 7 days after the prisoner has been
granted parole or aftercare release and shall be informed of
the right to inspect the registry of parole or aftercare
release decisions, established under subsection (g) of Section
3-3-5 of the Unified Code of Corrections. The provisions of
this paragraph (4) are subject to the Open Parole Hearings Act.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice shall
inform the victim of any order of discharge entered by the
Board or Department pursuant to Section 3-2.5-85 or 3-3-8 of
the Unified Code of Corrections.
(6) At the written or oral 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 or
Department of Juvenile Justice shall notify the victim and the
State's Attorney of the county where the person seeking 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.

09900SB2777sam001 - 57 - LRB099 20630 RLC 46004 a
(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.
(8) When a defendant has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act and
has been sentenced to the Department of Corrections or the
Department of Juvenile Justice, the Prisoner Review Board or
the Department of Juvenile Justice shall notify the victim of
the sex offense of the prisoner's eligibility for release on
parole, aftercare release, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex offense
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
notification shall be made to the victim at least 30 days,
whenever 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

09900SB2777sam001 - 58 - LRB099 20630 RLC 46004 a
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) To permit a crime victim of a violent crime to provide
information to the Prisoner Review Board or the Department of
Juvenile Justice for consideration by the Board or Department
at a parole hearing or before an aftercare release decision
hearing of a person who committed the crime against the victim
in accordance with clause (d)(4) of this Section or at a
proceeding to determine the conditions of mandatory supervised
release of a person sentenced to a determinate sentence or at a
hearing on revocation of mandatory supervised release of a
person sentenced to a determinate sentence, the Board shall
establish a toll-free number that may be accessed by the victim
of a violent crime to present that information to the Board.
(Source: P.A. 98-372, eff. 1-1-14; 98-558, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-413, eff. 8-20-15.)
(725 ILCS 120/5) (from Ch. 38, par. 1405)
Sec. 5. Rights of Witnesses.
(a) Witnesses as defined in subsection (b) of Section 3 of
this Act shall have the following rights:
(1) to be notified by the Office of the State's
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

09900SB2777sam001 - 59 - LRB099 20630 RLC 46004 a
of any scheduled court proceeding in sufficient time to
prevent an unnecessary appearance in court, where
possible;
(2) to be provided with appropriate employer
intercession services by the Office of the State's Attorney
or the victim advocate personnel to ensure that employers
of witnesses will cooperate with the criminal justice
system in order to minimize an employee's loss of pay and
other benefits resulting from court appearances;
(3) to be provided, whenever possible, a secure waiting
area during court proceedings that does not require
witnesses to be in close proximity to defendants and their
families and friends;
(4) to be provided with notice by the Office of the
State's Attorney, where necessary, of the right to have a
translator present whenever the witness' presence is
required and, in compliance with the federal Americans with
Disabilities Act of 1990, to be provided with notice of the
right to communications access through a sign language
interpreter or by other means.
(b) At the written request of the witness, the witness
shall:
(1) receive notice from the office of the State's
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

09900SB2777sam001 - 60 - LRB099 20630 RLC 46004 a
hearing concerning the petition for post-conviction
review; whenever possible, notice of the hearing on the
petition shall be given in advance;
(2) receive notice by the releasing authority of the
defendant's discharge from State custody if the defendant
was committed to the Department of Human Services under
Section 5-2-4 or any other provision of the Unified Code of
Corrections;
(3) receive notice from the Prisoner Review Board of
the prisoner's escape from State custody, after the Board
has been notified of the escape by the Department of
Corrections or the Department of Juvenile Justice; when the
escapee is apprehended, the Department of Corrections or
the Department of Juvenile Justice shall immediately
notify the Prisoner Review Board and the Board shall notify
the witness;
(4) receive notice from the Prisoner Review Board or
the Department of Juvenile Justice of the prisoner's
release on parole, aftercare release, electronic
detention, work release or mandatory supervised release
and of the prisoner's final discharge from parole,
aftercare release, electronic detention, work release, or
mandatory supervised release.
(Source: P.A. 98-558, eff. 1-1-14.)
Section 30. The Sexually Violent Persons Commitment Act is

09900SB2777sam001 - 61 - LRB099 20630 RLC 46004 a
amended by changing Section 15 as follows:
(725 ILCS 207/15)
Sec. 15. Sexually violent person petition; contents;
filing.
(a) A petition alleging that a person is a sexually violent
person must be filed before the release or discharge of the
person or within 30 days of placement onto parole, aftercare
release, or mandatory supervised release for an offense
enumerated in paragraph (e) of Section 5 of this Act. A
petition may be filed by the following:
(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,
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
motion; or
(3) The Attorney General and the State's Attorney of
the county referenced in paragraph (1)(a)(1) of this
Section may jointly file a petition on their own motion; or
(4) A petition may be filed at the request of the
agency with jurisdiction over the person, as defined in

09900SB2777sam001 - 62 - LRB099 20630 RLC 46004 a
subsection (a) of Section 10 of this Act, by:
(a) the Attorney General;
(b) the State's Attorney of the county referenced
in paragraph (1)(a)(1) of this Section; or
(c) the Attorney General and the State's Attorney
jointly.
(b) A petition filed under this Section shall allege that
all of the following apply to the person alleged to be a
sexually violent person:
(1) The person satisfies any of the following criteria:
(A) The person has been convicted of a sexually
violent offense;
(B) The person has been found delinquent for a
sexually violent offense; or
(C) The person has been found not guilty of a
sexually violent offense by reason of insanity, mental
disease, or mental defect.
(2) (Blank).
(3) (Blank).
(4) The person has a mental disorder.
(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-5) The petition must be filed no more than 90 days
before discharge or entry into mandatory supervised release
from a Department of Corrections or aftercare release from the

09900SB2777sam001 - 63 - LRB099 20630 RLC 46004 a
Department of Juvenile Justice correctional facility for a
sentence that was imposed upon a conviction for a sexually
violent offense. For inmates sentenced under the law in effect
prior to February 1, 1978, the petition shall be filed no more
than 90 days after the Prisoner Review Board's order granting
parole pursuant to Section 3-3-5 of the Unified Code of
Corrections.
(b-6) The petition must be filed no more than 90 days
before discharge or release:
(1) from a Department of Juvenile Justice juvenile
correctional facility if the person was placed in the
facility for being adjudicated delinquent under Section
5-20 of the Juvenile Court Act of 1987 or found guilty
under Section 5-620 of that Act on the basis of a sexually
violent offense; or
(2) from a commitment order that was entered as a
result of a sexually violent offense.
(b-7) A person convicted of a sexually violent offense
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
concurrently or consecutively with a sexually violent offense;
(2) the person returns to the custody of the Illinois
Department of Corrections or the Department of Juvenile Justice
for any reason during the term of parole, aftercare release, or
mandatory supervised release being served for a sexually

09900SB2777sam001 - 64 - LRB099 20630 RLC 46004 a
violent offense; or (3) the person is convicted or adjudicated
delinquent for any offense committed during the term of parole,
aftercare release, or mandatory supervised release being
served for a sexually violent offense, regardless of whether
that conviction or adjudication was for a sexually violent
offense.
(c) A petition filed under this Section shall state with
particularity essential facts to establish probable cause to
believe the person is a sexually violent person. If the
petition alleges that a sexually violent offense or act that is
a basis for the allegation under paragraph (b)(1) of this
Section was an act that was sexually motivated as provided
under paragraph (e)(2) of Section 5 of this Act, the petition
shall state the grounds on which the offense or act is alleged
to be sexually motivated.
(d) A petition under this Section shall be filed in either
of the following:
(1) The circuit court for 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 a sexually violent offense by reason of
insanity, mental disease or mental defect.
(2) The circuit court for the county in which the
person is in custody under a sentence, a placement to a
Department of Corrections correctional facility or a
Department of Juvenile Justice juvenile correctional

09900SB2777sam001 - 65 - LRB099 20630 RLC 46004 a
facility, or a commitment order.
(e) The filing of a petition under this Act shall toll the
running of the term of parole or mandatory supervised release
until:
(1) dismissal of the petition filed under this Act;
(2) a finding by a judge or jury that the respondent is
not a sexually violent person; or
(3) the sexually violent person is discharged under
Section 65 of this Act.
(f) The State has the right to have the person evaluated by
experts chosen by the State. The agency with jurisdiction as
defined in Section 10 of this Act shall allow the expert
reasonable access to the person for purposes of examination, to
the person's records, and to past and present treatment
providers and any other staff members relevant to the
examination.
(Source: P.A. 98-558, eff. 1-1-14.)
Section 35. The Unified Code of Corrections is amended by
changing Sections 3-2-3.1, 3-2-5, 3-2.5-20, 3-2.5-70,
3-2.5-80, 3-3-1, 3-3-2, 3-3-3, 3-3-4, 3-3-5, 3-3-7, 3-3-8,
3-3-9, 3-3-10, 3-10-7, 5-8-6, 5-8A-3, 5-8A-5, and 5-8A-7 and by
adding Sections 3-2.5-85, 3-2.5-90, 3-2.5-95, 3-2.5-100, and
3-3-9.5 as follows:
(730 ILCS 5/3-2-3.1) (from Ch. 38, par. 1003-2-3.1)

09900SB2777sam001 - 66 - LRB099 20630 RLC 46004 a
Sec. 3-2-3.1. Treaties. If a treaty in effect between the
United States and a foreign country provides for the transfer
or exchange of convicted offenders to the country of which they
are citizens or nationals, the Governor may, on behalf of the
State and subject to the terms of the treaty, authorize the
Director of Corrections or the Director of Juvenile Justice to
consent to the transfer or exchange of offenders and take any
other action necessary to initiate the participation of this
State in the treaty. Before any transfer or exchange may occur,
the Director of Corrections shall notify in writing the
Prisoner Review Board and the Office of the State's Attorney
which obtained the defendant's conviction, or the Director of
Juvenile Justice shall notify in writing the Office of the
State's Attorney which obtained the youth's conviction.
(Source: P.A. 95-317, eff. 8-21-07.)
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
Sec. 3-2-5. Organization of the Department of Corrections
and the Department of Juvenile Justice.
(a) There shall be a Department of Corrections which shall
be administered by a Director and an Assistant Director
appointed by the Governor under the Civil Administrative Code
of Illinois. The Assistant Director shall be under the
direction of the Director. The Department of Corrections shall
be responsible for all persons committed or transferred to the
Department under Sections 3-10-7 or 5-8-6 of this Code.

09900SB2777sam001 - 67 - LRB099 20630 RLC 46004 a
(b) There shall be a Department of Juvenile Justice which
shall be administered by a Director appointed by the Governor
under the Civil Administrative Code of Illinois. The Department
of Juvenile Justice shall be responsible for all persons under
18 17 years of age when sentenced to imprisonment and committed
to the Department under subsection (c) of Section 5-8-6 of this
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
of the Juvenile Court Act of 1987. Persons under 18 17 years of
age committed to the Department of Juvenile Justice pursuant to
this Code shall be sight and sound separate from adult
offenders committed to the Department of Corrections.
(c) The Department shall create a gang intelligence unit
under the supervision of the Director. The unit shall be
specifically designed to gather information regarding the
inmate gang population, monitor the activities of gangs, and
prevent the furtherance of gang activities through the
development and implementation of policies aimed at deterring
gang activity. The Director shall appoint a Corrections
Intelligence Coordinator.
All information collected and maintained by the unit shall
be highly confidential, and access to that information shall be
restricted by the Department. The information shall be used to
control and limit the activities of gangs within correctional
institutions under the jurisdiction of the Illinois Department
of Corrections and may be shared with other law enforcement
agencies in order to curb gang activities outside of

09900SB2777sam001 - 68 - LRB099 20630 RLC 46004 a
correctional institutions under the jurisdiction of the
Department and to assist in the investigations and prosecutions
of gang activity. The Department shall establish and promulgate
rules governing the release of information to outside law
enforcement agencies. Due to the highly sensitive nature of the
information, the information is exempt from requests for
disclosure under the Freedom of Information Act as the
information contained is highly confidential and may be harmful
if disclosed.
(Source: P.A. 97-800, eff. 7-13-12; 97-1083, eff. 8-24-12;
98-463, eff. 8-16-13.)
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties.
(a) In addition to the powers, duties, and responsibilities
which are otherwise provided by law or transferred to the
Department as a result of this Article, the Department, as
determined by the Director, shall have, but are not limited to,
the following rights, powers, functions and duties:
(1) To accept juveniles committed to it by the courts
of this State for care, custody, treatment, and
rehabilitation.
(2) To maintain and administer all State juvenile
correctional institutions previously under the control of
the Juvenile and Women's & Children Divisions of the
Department of Corrections, and to establish and maintain

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institutions as needed to meet the needs of the youth
committed to its care.
(3) To identify the need for and recommend the funding
and implementation of an appropriate mix of programs and
services within the juvenile justice continuum, including
but not limited to prevention, nonresidential and
residential commitment programs, day treatment, and
conditional release programs and services, with the
support of educational, vocational, alcohol, drug abuse,
and mental health services where appropriate.
(3.5) To assist youth committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987 with
successful reintegration into society, the Department
shall retain custody and control of all adjudicated
delinquent juveniles released under Section 3-2.5-85
3-3-10 of this Code, shall provide a continuum of
post-release treatment and services to those youth, and
shall supervise those youth during their release period in
accordance with the conditions set by the Department
Prisoner Review Board.
(4) To establish and provide transitional and
post-release treatment programs for juveniles committed to
the Department. Services shall include but are not limited
to:
(i) family and individual counseling and treatment
placement;

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(ii) referral services to any other State or local
agencies;
(iii) mental health services;
(iv) educational services;
(v) family counseling services; and
(vi) substance abuse services.
(5) To access vital records of juveniles for the
purposes of providing necessary documentation for
transitional services such as obtaining identification,
educational enrollment, employment, and housing.
(6) To develop staffing and workload standards and
coordinate staff development and training appropriate for
juvenile populations.
(7) To develop, with the approval of the Office of the
Governor and the Governor's Office of Management and
Budget, annual budget requests.
(8) To administer the Interstate Compact for
Juveniles, with respect to all juveniles under its
jurisdiction, and to cooperate with the Department of Human
Services with regard to all non-offender juveniles subject
to the Interstate Compact for Juveniles.
(9) To decide the date of release on aftercare for
youth committed to the Department under Section 5-750 of
the Juvenile Court Act of 1987, except those committed for
first degree murder.
(10) To set conditions of aftercare release for all

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youth committed to the Department under the Juvenile Court
Act of 1987.
(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
accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the powers,
duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14;
98-756, eff. 7-16-14.)
(730 ILCS 5/3-2.5-70)
Sec. 3-2.5-70. Aftercare.

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(a) The Department shall implement an aftercare program
that includes, at a minimum, the following program elements:
(1) A process for developing and implementing a case
management plan for timely and successful reentry into the
community beginning upon commitment.
(2) A process for reviewing committed youth for
recommendation for aftercare release.
(3) Supervision in accordance with the conditions set
by the Department Prisoner Review Board and referral to and
facilitation of community-based services 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; and assistance in
locating appropriate residential placement and obtaining
suitable employment. The Department may purchase necessary
services for a releasee if they are otherwise unavailable
and the releasee is unable to pay for the services. It may
assess all or part of the costs of these services to a
releasee in accordance with his or her ability to pay for
the services.
(4) Standards for sanctioning 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.

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(5) A process for reviewing youth on aftercare release
for discharge.
(b) The Department of Juvenile Justice shall have the
following rights, powers, functions, and duties:
(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
and the production of documents only if there is reason to
believe that the procedures would provide evidence that the
violations have occurred. If any person fails to obey a
subpoena issued under this subsection, the Director may
apply to any circuit court to secure compliance with the
subpoena. The failure to comply with the order of the court
issued in response thereto shall be punishable as contempt
of court.
(2) To issue a violation warrant for the apprehension
of an aftercare releasee for violations of the conditions
of aftercare release. Aftercare specialists and
supervisors 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
aftercare specialists qualified in juvenile matters to perform
case management and post-release programming functions under
this Section.
(Source: P.A. 98-558, eff. 1-1-14.)

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(730 ILCS 5/3-2.5-80)
Sec. 3-2.5-80. Supervision on Aftercare Release.
(a) The Department shall retain custody of all youth placed
on aftercare release or released under Section 3-2.5-85 or
3-3-10 of this Code. The Department shall supervise those youth
during their aftercare release period in accordance with the
conditions set by the Department Prisoner Review Board.
(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
aftercare specialist who shall report on the youth's progress
under the rules of the Department Prisoner Review Board.
Aftercare specialists and supervisors shall have the full power
of peace officers in the retaking of any releasee who has
allegedly violated his or her aftercare release conditions. The
aftercare specialist may 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 aftercare supervisor 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:
(1) if the releasee has a subsequent delinquency
petition filed against him or her alleging commission of an
act that constitutes a felony using a firearm or knife;

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(2) if the releasee is required to and fails to comply
with the requirements of the Sex Offender Registration Act;
(3) (blank); or
(4) if the releasee is on aftercare release for a
murder, a Class X felony or a Class 1 felony violation of
the Criminal Code of 2012, or any felony that requires
registration as a sex offender under the Sex Offender
Registration Act and a subsequent delinquency petition is
filed against him or her alleging commission of an act that
constitutes first degree murder, a Class X felony, a Class
1 felony, a Class 2 felony, or a Class 3 felony.
Personnel designated by the Department of Juvenile Justice
or another peace officer may detain an alleged aftercare
release violator until a warrant for his or her return to the
Department of Juvenile Justice can be issued. The releasee may
be delivered to any secure place until he or she can be
transported to the Department of Juvenile Justice. The
aftercare specialist or the Department of Juvenile Justice
shall file a violation report with notice of charges with the
Department Prisoner Review Board.
(d) The aftercare specialist 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,
the aftercare specialist shall periodically, but not less than

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once a month, verify that the releasee is in compliance with
paragraph (7.6) of subsection (a) of Section 3-3-7.
(f) The aftercare specialist shall keep those records as
the Prisoner Review Board or Department may require. All
records shall be entered in the master file of the youth.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
(730 ILCS 5/3-2.5-85 new)
Sec. 3-2.5-85. Eligibility for release; determination.
(a) Every youth committed to the Department of Juvenile
Justice under Section 5-750 of the Juvenile Court Act of 1987,
except those committed for first degree murder, shall be:
(1) Eligible for aftercare release without regard to
the length of time the youth has been confined or whether
the youth has served any minimum term imposed.
(2) Unless sooner released, the youth shall be released
on aftercare on or before his or her 20th birthday or upon
completion of the maximum term of confinement ordered by
the court under Section 5-710 of the Juvenile Court Act of
1987, whichever is sooner, to begin serving a period of
aftercare release under Section 3-3-8.
(3) Considered for release on aftercare at least 30
days prior to the expiration of the first year of
confinement.
(b) This Section shall not apply to the initial release of
youth committed to the Department for first degree murder under

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Section 5-750 of the Juvenile Court Act of 1987 or as a
habitual or violent juvenile offender under Sections 5-815 or
5-820 of the Juvenile Court Act of 1987. A youth committed for
first degree murder shall be released by the Department upon
completion of the determinate sentence established under this
Act. Youth who have been tried as an adult and committed to the
Department under Section 5-8-6 of this Code are eligible for
mandatory supervised release as an adult under Section 3-3-3 of
this Code.
(c) The Department shall establish a process for deciding
the date of release on aftercare for every youth committed to
the Department of Juvenile Justice under Section 5-750 of the
Juvenile Court Act of 1987, except those committed for
first-degree murder. The processes shall include establishing
a target release date upon commitment to the Department, the
regular review and appropriate adjustment of the target release
date, and the final release consideration at least 30 days
prior to the youth's target release date. The establishment,
adjustment, and final consideration of the target release date
shall include consideration of the following factors:
(1) the nature and seriousness of the youth's offense;
(2) the likelihood the youth will reoffend or will pose
a danger to the community based on an assessment of the
youth's risks, strengths, and behavior; and
(3) the youth's progress since being committed to the
Department.

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(d) If the youth being considered for 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 youth must serve by certified mail the
State's Attorney of the county where the youth was prosecuted
with the petition or any written submissions 15 days prior to
the youth's target release date.
(e) The prosecuting State's Attorney's office shall
receive from the Department reasonable written notice not less
than 30 days prior to the target release date and may submit
relevant information by oral argument or testimony of victims
and concerned citizens, or both, in writing, or on film, video
tape or other electronic means or in the form of a recording to
the Department for its consideration. The State's Attorney may
waive the written notice of the target release date at any
time. Upon written request of the State's Attorney's office,
provided the request is received within 15 days of receipt of
the written notice of the target release date, the Department
shall hear protests to aftercare release. If a State's Attorney
requests a protest hearing, the committed youth's attorney or
other representative shall also receive notice of the request.
This hearing shall take place prior to the youth's aftercare
release. The Department shall schedule the protest hearing
date, providing at least 15 days' notice to the State's
Attorney. If the protest hearing is rescheduled, the Department
shall promptly notify the State's Attorney of the new date.

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(f) The victim of the violent crime for which the youth has
been sentenced shall receive notice of the target release date
as provided in paragraph (4) of subsection (d) of Section 4.5
of the Rights of Crime Victims and Witnesses Act.
(g) In making its determination of aftercare release, the
Department shall consider:
(1) material transmitted to the Department by the clerk
of the committing court under Section 5-750 of the Juvenile
Court Act of 1987;
(2) the report under Section 3-10-2;
(3) a report by the Department and any report by the
chief administrative officer of the institution or
facility;
(4) an aftercare release progress report;
(5) a medical and psychological report, if available;
(6) material in writing, or on film, video tape or
other electronic means in the form of a recording submitted
by the youth whose aftercare release is being considered;
(7) material in writing, or on film, video tape or
other electronic means in the form of a recording or
testimony submitted by the State's Attorney and the victim
or a concerned citizen under the Rights of Crime Victims
and Witnesses Act; and
(8) the youth's eligibility for commitment under the
Sexually Violent Persons Commitment Act.
(h) Any recording considered under the provisions of

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subsection (e), paragraph (6) of subsection (g), or paragraph
(7) of subsection (g) of this Section shall be in the form
designated by the Department. The recording shall be both
visual and aural. Every voice on the recording and person
present shall be identified and the recording shall contain
either a visual or aural statement of the person submitting the
recording, the date of the recording, and the name of the youth
whose aftercare release is being considered. The recordings
shall be retained by the Department and shall be considered
during any subsequent aftercare release decision if the victim
or State's Attorney submits in writing a declaration clearly
identifying the recording as representing the position of the
victim or State's Attorney regarding the release of the youth.
(i) The Department shall not release any material to the
youth, the youth's attorney, any third party, or any other
person containing any information from the victim or from a
person related to the victim by blood, adoption, or marriage
who has written objections, testified at any hearing, or
submitted audio or visual objections to the youth's aftercare
release, unless provided with a waiver from that objecting
party. The Department shall not release the names or addresses
of any person on its victim registry to any other person except
the victim, a law enforcement agency, or other victim
notification system.
(j) The Department shall not release a youth eligible for
aftercare release if it determines that:

09900SB2777sam001 - 81 - LRB099 20630 RLC 46004 a
(1) there is a substantial risk that he or she will not
conform to reasonable conditions of aftercare release;
(2) his or her release at that time would deprecate the
seriousness of his or her offense or promote disrespect for
the law; or
(3) his or her release would have a substantially
adverse effect on institutional discipline.
(k) The Department shall render its release decision and
shall state the basis therefor both in the records of the
Department and in written notice to the youth who was
considered for aftercare release. In its decision, the
Department shall set the youth's time for aftercare release, or
if it denies aftercare release it shall provide for
reconsideration of aftercare release not less frequently than
once each year.
(l) If the Department releases a youth who is eligible for
commitment as a sexually violent person, the effective date of
the Department's order shall be stayed for 90 days for the
purpose of evaluation and proceedings under the Sexually
Violent Persons Commitment Act.
(m) Any youth whose aftercare release has been revoked by
the Prisoner Review Board under Section 3-3-9.5 of this Code,
including youth committed to the Department for first degree
murder under Section 5-750 of the Juvenile Court Act of 1987 or
as a habitual or violent juvenile offender under Sections 5-815
or 5-820 of the Juvenile Court Act of 1987, may be rereleased

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to the full aftercare release term by the Department at any
time in accordance with this Section.
(n) The Department shall adopt rules regarding the exercise
of its discretion under this Section.
(730 ILCS 5/3-2.5-90 new)
Sec. 3-2.5-90. Release to warrant or detainer.
(a) If a warrant or detainer is placed against a youth by
the court or other authority of this or any other jurisdiction,
the Department of Juvenile Justice shall inquire before the
youth is considered for aftercare release whether the authority
concerned intends to execute or withdraw the process if the
youth is released.
(b) If the authority notifies the Department that it
intends to execute the process when the youth is released, the
Department shall advise the authority concerned of the sentence
or disposition under which the youth is held, the time of
eligibility for release, any decision of the Department
relating to the youth and the nature of his or her adjustment
during confinement, and shall give reasonable notice to the
authority of the youth's release date.
(c) The Department may release a youth to a warrant or
detainer. The Department may provide, as a condition of
aftercare release, that if the charge or charges on which the
warrant or detainer is based are dismissed or satisfied, prior
to the expiration of the youth's aftercare release term, the

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authority to whose warrant or detainer he or she was released
shall return him or her to serve the remainder of his or her
aftercare release term.
(d) If a youth released to a warrant or detainer is
thereafter sentenced to probation, or released on parole in
another jurisdiction prior to the expiration of his or her
aftercare release term in this State, the Department may permit
the youth to serve the remainder of his or her term in either
of the jurisdictions.
(730 ILCS 5/3-2.5-95 new)
Sec. 3-2.5-95. Conditions of aftercare release.
(a) The conditions of aftercare release for all youth
committed to the Department under the Juvenile Court Act of
1987 shall be such as the Department of Juvenile Justice deems
necessary to assist the youth in leading a law-abiding life.
The conditions of every aftercare release are that the youth:
(1) not violate any criminal statute of any
jurisdiction during the aftercare release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit
the youth at his or her home, employment, or elsewhere to
the extent necessary for the agent or aftercare specialist
to discharge his or her duties;

09900SB2777sam001 - 84 - LRB099 20630 RLC 46004 a
(5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
or Illinois Department of Juvenile Justice facility;
(7) report all arrests to an agent of the Department 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;
(8) obtain permission of an agent of the Department
before leaving the State of Illinois;
(9) obtain permission of an agent of the Department
before changing his or her residence or employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any
paraphernalia related to those substances and submit to a
urinalysis test as instructed by an agent of the
Department;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole, aftercare release, or mandatory supervised release
without prior written permission of his or her aftercare

09900SB2777sam001 - 85 - LRB099 20630 RLC 46004 a
specialist and not associate with persons who are members
of an organized gang as that term is defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
aftercare release or to his or her conduct while
incarcerated, in response to inquiries by an agent of the
Department;
(15) follow any specific instructions provided by the
agent that are consistent with furthering conditions set
and approved by the Department or by law to achieve the
goals and objectives of his or her aftercare release or to
protect the public; these instructions by the agent may be
modified at any time, as the agent deems appropriate;
(16) comply with the terms and conditions of an order
of protection issued under the Illinois Domestic Violence
Act of 1986; an order of protection issued by the court of
another state, tribe, or United States territory; a no
contact order issued under the Civil No Contact Order Act;
or a no contact order issued under the Stalking No Contact
Order Act;
(17) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, and a sex offender
treatment provider has evaluated and recommended further
sex offender treatment while on aftercare release, the
youth shall undergo treatment by a sex offender treatment

09900SB2777sam001 - 86 - LRB099 20630 RLC 46004 a
provider or associate sex offender provider as defined in
the Sex Offender Management Board Act at his or her expense
based on his or her ability to pay for the treatment;
(18) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(19) if convicted for an offense that would qualify the
offender as a sexual predator under the Sex Offender
Registration Act wear an approved electronic monitoring
device as defined in Section 5-8A-2 for the duration of the
youth's aftercare release term and if convicted for an
offense of criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, aggravated criminal sexual
abuse, or ritualized abuse of a child when the victim was

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under 18 years of age at the time of the commission of the
offense and the offender 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 youth's aftercare release term;
(20) if convicted for an offense that would qualify the
offender as a child sex offender as defined in Section
11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
Criminal Code of 2012, refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the offender and whom the offender reasonably
believes to be under 18 years of age; for purposes of this
paragraph (20), "Internet" has the meaning ascribed to it
in Section 16-0.1 of the Criminal Code of 2012; and a
person is not related to the offender if the person is not:
(A) the spouse, brother, or sister of the offender; (B) a
descendant of the offender; (C) a first or second cousin of
the offender; or (D) a step-child or adopted child of the
offender;
(21) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
the Criminal Code of 2012, consent to search of computers,
PDAs, cellular phones, and other devices under his or her
control that are capable of accessing the Internet or
storing electronic files, in order to confirm Internet

09900SB2777sam001 - 88 - LRB099 20630 RLC 46004 a
protocol addresses reported in accordance with the Sex
Offender Registration Act and compliance with conditions
in this Act;
(22) if convicted for an offense that would qualify the
offender as a sex offender or sexual predator under the Sex
Offender Registration Act, not possess prescription drugs
for erectile dysfunction;
(23) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's 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 the information, equipment, or device to
conduct a more thorough inspection;
(C) submit to the installation on the youth's
computer or device with Internet capability, at the

09900SB2777sam001 - 89 - LRB099 20630 RLC 46004 a
youth's expense, of one or more hardware or software
systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer
or any other device with Internet capability imposed by
the Department or the youth's aftercare specialist;
(24) if convicted of a sex offense as defined in the
Sex Offender Registration Act, refrain from accessing or
using a social networking website as defined in Section
17-0.5 of the Criminal Code of 2012;
(25) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act that
requires the youth to register as a sex offender under that
Act, not knowingly use any computer scrub software on any
computer that the youth uses;
(26) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
youth is a parent or guardian of a person under 18 years of
age present in the home and no non-familial minors are
present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(27) if convicted of a violation of an order of

09900SB2777sam001 - 90 - LRB099 20630 RLC 46004 a
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code; and
(28) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Department may in addition to other conditions
require that the youth:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or
aftercare release;
(4) support his or her dependents;
(5) if convicted for an offense that would qualify the
youth as a child sex offender as defined in Section 11-9.3

09900SB2777sam001 - 91 - LRB099 20630 RLC 46004 a
or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
of 2012, refrain from communicating with or contacting, by
means of the Internet, a person who is related to the youth
and whom the youth reasonably believes to be under 18 years
of age; for purposes of this paragraph (5), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the youth
if the person is: (A) the spouse, brother, or sister of the
youth; (B) a descendant of the youth; (C) a first or second
cousin of the youth; or (D) a step-child or adopted child
of the youth;
(6) if convicted for an offense that would qualify as a
sex offense as defined in the Sex Offender Registration
Act:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's 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 the information, equipment, or device to
conduct a more thorough inspection;

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(C) submit to the installation on the youth's
computer or device with Internet capability, at the
youth's offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer
or any other device with Internet capability imposed by
the Department or the youth's aftercare specialist;
and
(7) in addition to other conditions:
(A) reside with his or her parents or in a foster
home;
(B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home or
in a foster home.
(c) In addition to the conditions under subsections (a) and
(b) of this Section, youths required to register as sex
offenders under the Sex Offender Registration Act, upon release
from the custody of the Department of Juvenile Justice, may be
required by the Department to comply with the following
specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be

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occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
prior to accepting employment or pursuing a course of study
or vocational training and notify the Department prior to
any change in employment, study, or training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department;
(6) be electronically monitored for a specified period
of time from the date of release as determined by the
Department;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department; these terms may include consideration of
the purpose of the entry, the time of day, and others
accompanying the youth;
(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;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third party,
with minor children without prior identification and

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approval of an agent of the Department;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or any
pictures depicting children under 18 years of age nude or
any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including, but not limited to, visual, auditory,
telephonic, or electronic media, or any matter obtained
through access to any computer or material linked to
computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department 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;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department;

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(15) comply with all other special conditions that the
Department may impose that restrict the youth from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of an agent of the
Department before driving alone in a motor vehicle.
(d) The conditions under which the aftercare release is to
be served shall be communicated to the youth in writing prior
to his or her release, and he or she shall sign the same before
release. A signed copy of these conditions, including a copy of
an order of protection if one had been issued by the criminal
court, shall be retained by the youth and another copy
forwarded to the officer or aftercare specialist in charge of
his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the
Department of Juvenile Justice may modify or enlarge the
conditions of aftercare release.
(f) The Department shall inform all youth of the optional
services available to them upon release and shall assist youth
in availing themselves of the optional services upon their
release on a voluntary basis.
(730 ILCS 5/3-2.5-100 new)
Sec. 3-2.5-100. Length of aftercare release; discharge.

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(a) The aftercare release period of a youth committed to
the Department under the Juvenile Court Act of 1987 shall be as
set out in Section 5-750 of the Juvenile Court Act of 1987,
unless sooner terminated under paragraph (b) of this Section or
under the Juvenile Court Act of 1987.
(b) Provided that the youth is in compliance with the terms
and conditions of his or her aftercare release, the Department
of Juvenile Justice may reduce the period of a releasee's
aftercare release by 90 days upon the releasee receiving a high
school diploma or upon passage of high school equivalency
testing during the period of his or her aftercare release. This
reduction in the period of a youth's term of aftercare release
shall be available only to youth who have not previously earned
a high school diploma or who have not previously passed high
school equivalency testing.
(c) The Department of Juvenile Justice may discharge a
youth from aftercare release and his or her commitment to the
Department in accordance with subsection (3) of Section 5-750
of the Juvenile Court Act of 1987, if it determines that he or
she is likely to remain at liberty without committing another
offense.
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and Appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent of

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the Department of Corrections which shall be:
(1) the paroling authority for persons sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977;
(1.5) (blank); the authority for hearing and deciding
the time of aftercare release for persons adjudicated
delinquent under the Juvenile Court Act of 1987;
(2) the board of review for cases involving the
revocation of sentence credits or a suspension or reduction
in the rate of accumulating the credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(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,
in accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole
and , mandatory supervised release under Section 5-8-1(a)
of 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; and .
(6) the authority for determining whether a violation
of aftercare release conditions warrant revocation of
aftercare release.
(b) The Board shall consist of 15 persons appointed by the

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Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,
social work, medicine, psychology, other behavioral sciences,
or a combination thereof. At least 6 members so appointed must
have had at least 3 years experience in the field of juvenile
matters. No more than 8 Board members may be members of the
same political party.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether
elective or appointive, nor any other office or position of
profit, nor engage in any other business, employment, or
vocation. 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
amount set by the Compensation Review Board, whichever is
greater.
(c) Notwithstanding any other provision of this Section,
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,

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whichever occurs later. As soon as possible, the Governor shall
appoint persons to fill the vacancies created by this
amendatory Act.
Of the initial members appointed under this amendatory Act
of the 93rd General Assembly, the Governor shall appoint 5
members whose terms shall expire on the third Monday in January
2005, 5 members whose terms shall expire on the third Monday in
January 2007, and 5 members whose terms shall expire on the
third Monday in January 2009. Their respective successors shall
be appointed for terms of 6 years from the third Monday in
January of the year of appointment. Each member shall serve
until his or her successor is appointed and qualified.
Any member may be removed by the Governor for incompetence,
neglect of duty, malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.
(Source: P.A. 97-697, eff. 6-22-12; 98-558, eff. 1-1-14.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall

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read "Prisoner Review Board." After the effective date of this
amendatory Act of 1977, the Prisoner Review Board shall provide
by rule for the orderly transition of all files, records, and
documents of the Parole and Pardon Board and for such other
steps as may be necessary to effect an orderly transition and
shall:
(1) hear by at least one member and through a panel of
at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel of
at least 3 members decide, the conditions of parole and the
time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those sentenced
under the law in effect prior to this amendatory Act of
1977; provided that the decision to parole and the
conditions of parole for all prisoners who were sentenced
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
the Prisoner Review Board. One representative supporting
parole and one representative opposing parole will be
allowed to speak. Their comments shall be limited to making
corrections and filling in omissions to the Board's
presentation and discussion;

09900SB2777sam001 - 101 - LRB099 20630 RLC 46004 a
(3) hear by at least one member and through a panel of
at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, impose sanctions for violations of
mandatory supervised release, and revoke mandatory
supervised release for those sentenced under the law in
effect after the effective date of this amendatory Act of
1977;
(3.5) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, to impose sanctions for violations of
mandatory supervised release and revoke mandatory
supervised release for those serving extended supervised
release terms pursuant to paragraph (4) of subsection (d)
of Section 5-8-1;
(3.6) hear by at least one member and through a panel
of at least 3 members decide whether to , the time of
aftercare release, the conditions of aftercare release and
the time of discharge from aftercare release, impose
sanctions for violations of aftercare release, and revoke
aftercare release for those committed to the Department of
Juvenile Justice adjudicated delinquent under the Juvenile
Court Act of 1987;
(4) hear by at least one member and through a panel of
at least 3 members, decide cases brought by the Department

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of Corrections against a prisoner in the custody of the
Department for alleged violation of Department rules with
respect to sentence credits under Section 3-6-3 of this
Code in which the Department seeks to revoke sentence
credits, if the amount of time at issue exceeds 30 days or
when, during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction
is committed or discovered within 60 days of scheduled
release. In such cases, the Department of Corrections may
revoke up to 30 days of sentence credit. The Board may
subsequently approve the revocation of additional sentence
credit, if the Department seeks to revoke sentence credit
in excess of thirty days. However, the Board shall not be
empowered to review the Department's decision with respect
to the loss of 30 days of sentence credit for any prisoner
or to increase any penalty beyond the length requested by
the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for certain
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;
(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;

09900SB2777sam001 - 103 - LRB099 20630 RLC 46004 a
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for court dismissal of a frivolous lawsuit
pursuant to Section 3-6-3(d) of this Code in which the
Department seeks to revoke up to 180 days of sentence
credit, and if the prisoner has not accumulated 180 days of
sentence credit at the time of the dismissal, then all
sentence credit accumulated by the prisoner shall be
revoked;
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates of
relief from disabilities or certificates of good conduct as
provided in Article 5.5 of Chapter V;
(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
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
arresting authority, the circuit court clerk, and the
Department of State Police concerning the arrest and
conviction for the Class 3 or 4 felony. A person may not
apply to the Board for a certificate of eligibility for

09900SB2777sam001 - 104 - LRB099 20630 RLC 46004 a
sealing:
(A) until 5 years have elapsed since the expiration
of his or her sentence;
(B) until 5 years have elapsed since any arrests or
detentions by a law enforcement officer for an alleged
violation of law, other than a petty offense, traffic
offense, conservation offense, or local ordinance
offense;
(C) if convicted of a violation of the Cannabis
Control Act, Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
the Methamphetamine Precursor Control Act, or the
Methamphetamine Precursor Tracking Act unless the
petitioner has completed a drug abuse program for the
offense on which sealing is sought and provides proof
that he or she has completed the program successfully;
(D) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or the Criminal Code of
2012;
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;

09900SB2777sam001 - 105 - LRB099 20630 RLC 46004 a
(vii) an offense under the Criminal Code of
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof;
(ix) aggravated driving while under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any
combination thereof; or
(x) any crime defined as a crime of violence
under Section 2 of the Crime Victims Compensation
Act.
If a person has applied to the Board for a certificate
of eligibility for sealing and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for pardon from the Governor unless
the Chairman of the Prisoner Review Board grants a waiver.
The decision to issue or refrain from issuing a
certificate 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.
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). A petitioner may
only receive one certificate of eligibility for sealing

09900SB2777sam001 - 106 - LRB099 20630 RLC 46004 a
under this provision for life; and
(11) upon a petition by a person who after having been
convicted of a Class 3 or Class 4 felony thereafter served
in the United States Armed Forces or National Guard of this
or any other state and had received an honorable discharge
from the United States Armed Forces or National Guard or
who at the time of filing the petition is enlisted in the
United States Armed Forces or National Guard of this or any
other state and served one tour of duty and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for expungement recommending
that the court order the expungement of all official
records of the arresting authority, the circuit court
clerk, and the Department of State Police concerning the
arrest and conviction for the Class 3 or 4 felony. A person
may not apply to the Board for a certificate of eligibility
for expungement:
(A) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or Criminal Code of 2012;
(ii) an offense under the Criminal Code of 1961
or Criminal Code of 2012 involving a firearm; or
(iii) a crime of violence as defined in Section
2 of the Crime Victims Compensation Act; or

09900SB2777sam001 - 107 - LRB099 20630 RLC 46004 a
(B) if the person has not served in the United
States Armed Forces or National Guard of this or any
other state or has not received an honorable discharge
from the United States Armed Forces or National Guard
of this or any other state or who at the time of the
filing of the petition is serving in the United States
Armed Forces or National Guard of this or any other
state and has not completed one tour of duty.
If a person has applied to the Board for a certificate
of eligibility for expungement and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for a pardon with authorization for
expungement from the Governor unless the Governor or
Chairman of the Prisoner Review Board grants a waiver.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a
pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after the
effective date of this amendatory Act of 1996. Within 6 months
after the implementation of the pilot project, the Prisoner
Review Board, with the cooperation of and in coordination with
the Department of Corrections and the Department of Central
Management Services, shall report to the Governor and the

09900SB2777sam001 - 108 - LRB099 20630 RLC 46004 a
General Assembly regarding the use, costs, effectiveness, and
future viability of interactive video conferences for Prisoner
Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole, aftercare release, and
mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its
work, and the Chairman shall file a copy of such rules and any
amendments thereto with the Director and with the Secretary of
State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his or her parole, aftercare release, or
mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of
documentary evidence relating to any matter under
investigation or hearing. The Chairman of the Board may sign
subpoenas which shall be served by any agent or public official
authorized by the Chairman of the Board, or by any person
lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the
production of documentary evidence, may be required from any

09900SB2777sam001 - 109 - LRB099 20630 RLC 46004 a
place in the State to a hearing location in the State before
the Chairman of the Board or his or her designated agent or
agents or any duly constituted Committee or Subcommittee of the
Board. 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
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
payment when the witness is discharged from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order requiring
the attendance and testimony of witnesses or the production of
documentary evidence or both. A copy of such petition shall be
served by personal service or by registered or certified mail
upon the person who has failed to obey the subpoena, and such
person shall be advised in writing that a hearing upon the
petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary
remedies at a specified time, on a specified date, not less
than 10 nor more than 15 days after the deposit of the copy of
the written notice and petition in the U.S. mails addressed to
the person at his last known address or after the personal
service of the copy of the notice and petition upon such
person. The court upon the filing of such a petition, may order
the person refusing to obey the subpoena to appear at an

09900SB2777sam001 - 110 - LRB099 20630 RLC 46004 a
investigation or hearing, or to there produce documentary
evidence, if so ordered, or to give evidence relative to the
subject matter of that investigation or hearing. Any failure to
obey such order of the circuit court may be punished by that
court as a contempt of court.
Each member of the Board and any hearing officer designated
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
of the members then appointed to the Prisoner Review Board
shall constitute a quorum for the transaction of all business
of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
1-1-14; 98-756, eff. 7-16-14.)
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for Parole or Release.
(a) Except for those offenders who accept the fixed release
date established by the Prisoner Review Board under Section
3-3-2.1, every person serving a term of imprisonment under the
law in effect prior to the effective date of this amendatory

09900SB2777sam001 - 111 - LRB099 20630 RLC 46004 a
Act of 1977 shall be eligible for parole when he or she has
served:
(1) the minimum term of an indeterminate sentence less
time credit for good behavior, or 20 years less time credit
for good behavior, whichever is less; or
(2) 20 years of a life sentence less time credit for
good behavior; or
(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
or who accepts a release date under Section 3-3-2.1 shall be
eligible for parole.
(c) Except for those sentenced to a term of natural life
imprisonment, every person sentenced to imprisonment under
this amendatory Act of 1977 or given a release date under
Section 3-3-2.1 of this Act shall serve the full term of a
determinate sentence less time credit for good behavior and
shall then be released under the mandatory supervised release
provisions of paragraph (d) of Section 5-8-1 of this Code.
(d) No person serving a term of natural life imprisonment
may be paroled or released except through executive clemency.
(e) Every person committed to the Department of Juvenile
Justice under Section 5-10 of the Juvenile Court Act or Section
5-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
this Code and confined in the State correctional institutions
or facilities if such juvenile has not been tried as an adult

09900SB2777sam001 - 112 - LRB099 20630 RLC 46004 a
shall be eligible for aftercare release under Section 3-2.5-85
of this Code without regard to the length of time the person
has been confined or whether the person has served any minimum
term imposed. However, if a juvenile has been tried as an adult
he or she shall only be eligible for parole or mandatory
supervised release as an adult under this Section.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for Parole Hearing.
(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
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.
(b) A person eligible for parole or aftercare release
shall, no less than 15 days in advance of his or her parole
interview, prepare a parole or aftercare release plan in
accordance with the rules of the Prisoner Review Board. The
person shall be assisted in preparing his or her parole or
aftercare release plan by personnel of the Department of
Corrections, or the Department of Juvenile Justice in the case
of a person committed to that Department, and may, for this
purpose, be released on furlough under Article 11 or on

09900SB2777sam001 - 113 - LRB099 20630 RLC 46004 a
authorized absence under Section 3-9-4. The appropriate
Department shall also provide assistance in obtaining
information and records helpful to the individual for his or
her parole hearing. 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
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
15 days after his or her parole interview. The State's Attorney
shall provide the attorney for the person eligible for parole
or aftercare release with a copy of his or her letter in
opposition to parole or aftercare release via certified mail
within 5 business days of the en banc hearing.
(c) Any member of the Board shall have access at all
reasonable times to any committed person and to his or her
master record file within the Department, and the Department
shall furnish such a report to the Board concerning the conduct
and character of any such person prior to his or her parole
interview.
(d) In making its determination of parole or aftercare
release, the Board shall consider:
(1) (blank); material transmitted to the Department of
Juvenile Justice by the clerk of the committing court under
Section 5-4-1 or Section 5-10 of the Juvenile Court Act or

09900SB2777sam001 - 114 - LRB099 20630 RLC 46004 a
Section 5-750 of the Juvenile Court Act of 1987;
(2) the report under Section 3-8-2 or 3-10-2;
(3) a report by the Department and any report by the
chief administrative officer of the institution or
facility;
(4) a parole or aftercare release progress report;
(5) a medical and psychological report, if requested by
the Board;
(6) material in writing, or on film, video tape or
other electronic means in the form of a recording submitted
by the person whose parole or aftercare release is being
considered;
(7) material in writing, or on film, video tape or
other electronic means in the form of a recording or
testimony submitted by the State's Attorney and the victim
or a concerned citizen pursuant to the Rights of Crime
Victims and Witnesses Act; and
(8) the person's eligibility for commitment under the
Sexually Violent Persons Commitment Act.
(e) The prosecuting State's Attorney's office shall
receive from the Board reasonable written notice not less than
30 days prior to the parole or aftercare release interview and
may submit relevant information by oral argument or testimony
of victims and concerned citizens, or both, in writing, or on
film, video tape or other electronic means or in the form of a
recording to the Board for its consideration. Upon written

09900SB2777sam001 - 115 - LRB099 20630 RLC 46004 a
request of the State's Attorney's office, the Prisoner Review
Board shall hear protests to parole, or aftercare release,
except in counties of 1,500,000 or more inhabitants where there
shall be standing objections to all such petitions. If a
State's Attorney who represents a county of less than 1,500,000
inhabitants requests a protest hearing, the inmate's counsel or
other representative shall also receive notice of such request.
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
Review Board shall promptly notify the State's Attorney of the
new date. The person eligible for parole or aftercare release
shall be heard at the next scheduled en banc hearing date. If
the case is to be continued, the State's Attorney's office and
the attorney or representative for the person eligible for
parole or aftercare release will be notified of any continuance
within 5 business days. The State's Attorney may waive the
written notice.
(f) The victim of the violent crime for which the prisoner
has been sentenced shall receive notice of a parole or
aftercare release hearing as provided in paragraph (4) of
subsection (d) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act.
(g) Any recording considered under the provisions of
subsection (d)(6), (d)(7) or (e) of this Section shall be in
the form designated by the Board. Such recording shall be both

09900SB2777sam001 - 116 - LRB099 20630 RLC 46004 a
visual and aural. Every voice on the recording and person
present shall be identified and the recording shall contain
either a visual or aural statement of the person submitting
such recording, the date of the recording and the name of the
person whose parole or aftercare release eligibility is being
considered. Such recordings shall be retained by the Board and
shall be deemed to be submitted at any subsequent parole or
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
State's Attorney regarding the issues to be considered at the
parole or aftercare release hearing.
(h) The Board shall not release any material to the inmate,
the inmate's attorney, any third party, or any other person
containing any information from the victim or from a person
related to the victim by blood, adoption, or marriage who has
written objections, testified at any hearing, or submitted
audio or visual objections to the inmate's parole, or aftercare
release, unless provided with a waiver from that objecting
party. The Board shall not release the names or addresses of
any person on its victim registry to any other person except
the victim, a law enforcement agency, or other victim
notification system.
(Source: P.A. 97-523, eff. 1-1-12; 97-1075, eff. 8-24-12;
97-1083, eff. 8-24-12; 98-463, eff. 8-16-13; 98-558, eff.
1-1-14; 98-717, eff. 1-1-15.)

09900SB2777sam001 - 117 - LRB099 20630 RLC 46004 a
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. Hearing and Determination.
(a) The Prisoner Review Board shall meet as often as need
requires to consider the cases of persons eligible for parole
and aftercare release. Except as otherwise provided in
paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
the Prisoner Review Board may meet and order its actions in
panels of 3 or more members. The action of a majority of the
panel shall be the action of the Board. In consideration of
persons committed to the Department of Juvenile Justice, the
panel shall have at least a majority of members experienced in
juvenile matters.
(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. However, in the discretion of the Board, the
interview need not be conducted if a psychiatric examination
determines that the person could not meaningfully contribute to
the Board's consideration. The Board may in its discretion
parole or release on aftercare a person who is then outside the
jurisdiction on his or her record without an interview. The
Board need not hold a hearing or interview a person who is
paroled or released on aftercare under paragraphs (d) or (e) of
this Section or released on Mandatory release under Section

09900SB2777sam001 - 118 - LRB099 20630 RLC 46004 a
3-3-10.
(c) The Board shall not parole or release a person eligible
for parole or aftercare release if it determines that:
(1) there is a substantial risk that he or she will not
conform to reasonable conditions of parole or aftercare
release; or
(2) his or her release at that time would deprecate the
seriousness of his or her offense or promote disrespect for
the law; or
(3) his or her release would have a substantially
adverse effect on institutional discipline.
(d) (Blank). A person committed under the Juvenile Court
Act or the Juvenile Court Act of 1987 who has not been sooner
released shall be released on aftercare on or before his or her
20th birthday or upon completion of the maximum term of
confinement ordered by the court under Section 5-710 of the
Juvenile Court Act of 1987, whichever is sooner, to begin
serving a period of aftercare release under Section 3-3-8.
(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time credit
for good behavior shall be released on parole to serve a period
of parole under Section 5-8-1.
(f) The Board shall render its decision within a reasonable
time after hearing and shall state the basis therefor both in
the records of the Board and in written notice to the person on
whose application it has acted. In its decision, the Board

09900SB2777sam001 - 119 - LRB099 20630 RLC 46004 a
shall set the person's time for parole or aftercare release, or
if it denies parole or aftercare release it shall provide for a
rehearing not less frequently than once every year, except that
the Board may, after denying parole, schedule a rehearing no
later than 5 years from the date of the parole denial, if the
Board finds that it is not reasonable to expect that parole
would be granted at a hearing prior to the scheduled rehearing
date. 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 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
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
Sexually Violent Persons Commitment Act.
(g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name and
case number of the prisoner, the highest charge for which the
prisoner was sentenced, the length of sentence imposed, the
date of the sentence, the date of the parole, and the basis for
the decision of the Board to grant parole and the vote of the
Board on any such decisions. The registry shall be made
available for public inspection and copying during business
hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.

09900SB2777sam001 - 120 - LRB099 20630 RLC 46004 a
(h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or , Mandatory Supervised
Release, or Aftercare Release.
(a) The conditions of parole, aftercare release, or
mandatory supervised release shall be such as the Prisoner
Review Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole, aftercare
release, and mandatory supervised release are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole, aftercare release, or
release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of Corrections
or to the Department of Juvenile Justice;
(4) permit the agent or aftercare specialist to visit
him or her at his or her home, employment, or elsewhere to
the extent necessary for the agent or aftercare specialist
to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole, aftercare
release, or mandatory supervised release;

09900SB2777sam001 - 121 - LRB099 20630 RLC 46004 a
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department of
Corrections or 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
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex

09900SB2777sam001 - 122 - LRB099 20630 RLC 46004 a
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the effective
date of Public Act 94-988), wear an approved electronic
monitoring device as defined in Section 5-8A-2 for the
duration of the person's parole, aftercare release,
mandatory supervised release term, or extended mandatory
supervised release term and if convicted for an offense of
criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child,
criminal sexual abuse, aggravated criminal sexual abuse,
or ritualized abuse of a child committed on or after August
11, 2009 (the effective date of Public Act 96-236) when the
victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)
capability for the duration of the person's parole,
aftercare release, mandatory supervised release term, or
extended mandatory supervised release term;
(7.8) if convicted for an offense committed on or after

09900SB2777sam001 - 123 - LRB099 20630 RLC 46004 a
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (7.8), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(7.9) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
the Criminal Code of 2012, consent to search of computers,
PDAs, cellular phones, and other devices under his or her
control that are capable of accessing the Internet or
storing electronic files, in order to confirm Internet
protocol addresses reported in accordance with the Sex
Offender Registration Act and compliance with conditions
in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008 (the

09900SB2777sam001 - 124 - LRB099 20630 RLC 46004 a
effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, 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;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and

09900SB2777sam001 - 125 - LRB099 20630 RLC 46004 a
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent or aftercare specialist;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department of
Corrections or the Department of Juvenile Justice before
leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections or the Department of Juvenile Justice before
changing his or her residence or employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any

09900SB2777sam001 - 126 - LRB099 20630 RLC 46004 a
paraphernalia related to those substances and submit to a
urinalysis test as instructed by a parole agent of the
Department of Corrections or an aftercare specialist of the
Department of Juvenile Justice;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(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
are members of an organized gang as that term is defined in
the Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole, 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 or by his or her aftercare specialist or of
the Department of Juvenile Justice;
(15) follow any specific instructions provided by the
parole agent or aftercare specialist that are consistent
with furthering conditions set and approved by the Prisoner
Review Board or by law, exclusive of placement on
electronic detention, to achieve the goals and objectives
of his or her parole, aftercare release, or mandatory
supervised release or to protect the public. These

09900SB2777sam001 - 127 - LRB099 20630 RLC 46004 a
instructions by the parole agent or aftercare specialist
may be modified at any time, as the agent or aftercare
specialist deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act; and
(19) if convicted of a violation of the Methamphetamine

09900SB2777sam001 - 128 - LRB099 20630 RLC 46004 a
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Board may in addition to other conditions require
that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012, refrain

09900SB2777sam001 - 129 - LRB099 20630 RLC 46004 a
from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (7.5), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent or 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

09900SB2777sam001 - 130 - LRB099 20630 RLC 46004 a
thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent or aftercare specialist; and
(8) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections or Department of Juvenile Justice, may be required
by the Board to comply with the following specific conditions
of release:
(1) reside only at a Department approved location;

09900SB2777sam001 - 131 - LRB099 20630 RLC 46004 a
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections or 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 employment, study, or training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections or the Department of
Juvenile Justice;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections or the Department of Juvenile
Justice. The terms may include consideration of the purpose
of the entry, the time of day, and others accompanying the
person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,

09900SB2777sam001 - 132 - LRB099 20630 RLC 46004 a
the victim or the victim's family without the prior written
approval of an agent of the Department of Corrections or
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
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
pictures depicting children under 18 years of age nude or
any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections or the Department of Juvenile
Justice and immediately report any incidental contact with

09900SB2777sam001 - 133 - LRB099 20630 RLC 46004 a
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 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 the Department of Juvenile Justice;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole officer
or aftercare specialist before driving alone in a motor
vehicle.
(c) The conditions under which the parole, aftercare
release, or mandatory supervised release is to be served shall
be communicated to the person in writing prior to his or her
release, and he or she shall sign the same before release. A
signed copy of these conditions, including a copy of an order
of protection where one had been issued by the criminal court,
shall be retained by the person and another copy forwarded to
the officer or aftercare specialist in charge of his or her

09900SB2777sam001 - 134 - LRB099 20630 RLC 46004 a
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole,
aftercare release, or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
(f) (Blank).
(Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560,
eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole, aftercare release, and
mandatory supervised release; discharge.)
(a) The length of parole for a person sentenced under the
law in effect prior to the effective date of this amendatory
Act of 1977 and the length of mandatory supervised release for
those sentenced under the law in effect on and after such
effective date shall be as set out in Section 5-8-1 unless
sooner terminated under paragraph (b) of this Section. The
aftercare release period of a juvenile committed to the
Department under the Juvenile Court Act or the Juvenile Court
Act of 1987 shall be as set out in Section 5-750 of the
Juvenile Court Act of 1987 unless sooner terminated under

09900SB2777sam001 - 135 - LRB099 20630 RLC 46004 a
paragraph (b) of this Section or under the Juvenile Court Act
of 1987.
(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,
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 high school equivalency testing during the period of
his or her parole, aftercare release, or mandatory supervised
release. This reduction in the period of a subject's term of
parole, aftercare release, or mandatory supervised release
shall be available only to subjects who have not previously
earned a high school diploma or who have not previously passed
high school equivalency testing.
(c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record judgment
that the sentence or commitment has been satisfied pursuant to
the order.

09900SB2777sam001 - 136 - LRB099 20630 RLC 46004 a
(d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5. This Section is subject
to Section 5-750 of the Juvenile Court Act of 1987.
(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
eff. 1-1-16.)
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole, aftercare release, or mandatory
supervised release; revocation hearing.
(a) If prior to expiration or termination of the term of
parole, aftercare release, or mandatory supervised release, a
person violates a condition set by the Prisoner Review Board or
a condition of parole, aftercare release, or mandatory
supervised release under Section 3-3-7 of this Code to govern
that term, the Board may:
(1) continue the existing term, with or without
modifying or enlarging the conditions; or
(2) parole or release the person to a half-way house;
or
(3) revoke the parole, aftercare release, or mandatory
supervised release and reconfine the person for a term
computed in the following manner:
(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

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imprisonment or confinement which had not been served
at the time of parole and the parole term, less the
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
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. The Board may also order that a prisoner serve
up to one year of the sentence imposed by the court
which was not served due to the accumulation of
sentence credit;
(C) For those subject to sex offender supervision
under clause (d)(4) of Section 5-8-1 of this Code, the
reconfinement period for violations of clauses (a)(3)
through (b-1)(15) of Section 3-3-7 shall not exceed 2
years from the date of reconfinement;
(ii) the person shall be given credit against
the term of reimprisonment or reconfinement for
time spent in custody since he or she was paroled
or released which has not been credited against
another sentence or period of confinement;

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(iii) (blank); persons committed under the
Juvenile Court Act or the Juvenile Court Act of
1987 may be continued under the existing term of
aftercare release with or without modifying the
conditions of aftercare release, 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 supervision and the reparole and rerelease
provisions of Section 3-3-10.
(b) The Board may revoke 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. The issuance of a warrant of arrest for
an alleged violation of the conditions of parole, aftercare
release, or mandatory supervised release shall toll the running
of the term until the final determination of the charge. When
parole, aftercare release, or mandatory supervised release is
not revoked that period shall be credited to the term, unless a
community-based sanction is imposed as an alternative to
revocation and reincarceration, including a diversion
established by the Illinois Department of Corrections Parole
Services Unit prior to the holding of a preliminary parole
revocation hearing. Parolees who are diverted to a

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community-based sanction shall serve the entire term of parole
or mandatory supervised release, if otherwise appropriate.
(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
Board to determine if there is cause to hold the person for a
revocation hearing. However, no preliminary hearing need be
held when revocation is based upon new criminal charges and a
court finds probable cause on the new criminal charges or when
the revocation is based upon a new criminal conviction and a
certified copy of that conviction is available.
(d) Parole, aftercare release, or mandatory supervised
release shall not be revoked without written notice to the
offender setting forth the violation of parole, aftercare
release, or mandatory supervised release charged against him or
her.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. In consideration of persons committed to the Department
of Juvenile Justice, the member hearing the matter and at least

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a majority of the panel shall be experienced in juvenile
matters. A record of the hearing shall be made. At the hearing
the offender shall be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
(f) The Board shall either revoke parole, aftercare
release, or mandatory supervised release or order the person's
term continued with or without modification or enlargement of
the conditions.
(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.
(Source: P.A. 97-697, eff. 6-22-12; 98-463, eff. 8-16-13;
98-558, eff. 1-1-14.)
(730 ILCS 5/3-3-9.5 new)
Sec. 3-3-9.5. Revocation of aftercare release; revocation
hearing.
(a) If prior to expiration or termination of the aftercare
release, a juvenile committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987 violates a
condition of release set by the Department under Section
3-2.5-95 of this Code, the Department may initiate revocation
proceedings by issuing a violation warrant under Section

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3-2.5-70 of this Code or by retaking of the release and
returning him or her to a Department facility.
(b) The Department shall provide the releasee and the
Prisoner Review Board with written notice of the alleged
violation of aftercare release charged against him or her.
(c) The issuance of a warrant of arrest for an alleged
violation of the conditions aftercare release until the final
determination of the charge or expiration of the maximum
commitment permitted under the Juvenile Court Act of 1987.
(d) A person charged with violating a condition of
aftercare release shall have a preliminary hearing before a
hearing officer designated by the Board to determine if there
is probable cause to hold the person for a revocation hearing.
However, no preliminary hearing need be held when revocation is
based upon new criminal charges and a court finds probable
cause on the new criminal charges or when the revocation is
based upon a new criminal conviction and a certified copy of
that conviction is available.
(e) At the preliminary hearing, the Board may order the
releasee held in Department custody or released under
supervision pending a final revocation decision of the Board. A
youth who is held in Department custody, shall be released and
discharged upon the expiration of the maximum term permitted
under the Juvenile Court Act of 1987.
(f) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may

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meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. The member hearing the matter and at least a majority of
the panel shall be experienced in juvenile matters. A record of
the hearing shall be made. At the hearing the releasee shall be
permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
(g) If the Board finds that the juvenile has not violated a
condition of aftercare release, the Board shall order the
juvenile rereleased and aftercare release continued under the
existing term and may make specific recommendations to the
Department regarding appropriate conditions of release. If the
Board finds that juvenile has violated a condition of aftercare
release, the Board shall either:
(1) revoke aftercare release and order the juvenile
reconfined; or
(2) order the juvenile rereleased to serve a specified
aftercare release term up to a full aftercare release term
under Section 5-750 of the Juvenile Court Act of 1897 and
may make specific recommendations to the Department
regarding appropriate conditions of release.
(h) Aftercare release shall not be revoked for failure to
make payments under the conditions of release unless the Board
determines that the failure is due to the juvenile's willful
refusal to pay.

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(730 ILCS 5/3-3-10) (from Ch. 38, par. 1003-3-10)
Sec. 3-3-10. Eligibility after Revocation; Release under
Supervision.
(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
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.
(b) If the Board sets no earlier release date:
(1) A person sentenced for any violation of law which
occurred before January 1, 1973, shall be released under
supervision 6 months prior to the expiration of his or her
maximum sentence of imprisonment less good time credit
under Section 3-6-3.
(2) Any person who has violated the conditions of his
or her parole and been reconfined under Section 3-3-9 shall
be released under supervision 6 months prior to the
expiration of the term of his or her reconfinement under

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paragraph (a) of Section 3-3-9 less good time credit under
Section 3-6-3. This paragraph shall not apply to persons
serving terms of mandatory supervised release or aftercare
release.
(3) Nothing herein shall require the release of a
person who has violated his or her parole within 6 months
of the date when his or her release under this Section
would otherwise be mandatory.
(c) Persons released under this Section shall be subject to
Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
3-14-3, and 3-14-4.
(d) This Section shall not apply to a juvenile committed to
the Department of Juvenile Justice under the Juvenile Court Act
of 1987 serving terms of aftercare release.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
Sec. 3-10-7. Interdepartment Interdivisional Transfers.
(a) (Blank). In any case where a minor was originally
prosecuted under the provisions of the Criminal Code of 1961 or
the Criminal Code of 2012 and sentenced under the provisions of
this Act pursuant to Section 2-7 of the Juvenile Court Act or
Section 5-805 of the Juvenile Court Act of 1987 and committed
to the Department of Juvenile Justice under Section 5-8-6, the
Department of Juvenile Justice shall, within 30 days of the
date that the minor reaches the age of 17, send formal

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notification to the sentencing court and the State's Attorney
of the county from which the minor was sentenced indicating the
day upon which the minor offender will achieve the age of 17.
Within 90 days of receipt of that notice, the sentencing court
shall conduct a hearing, pursuant to the provisions of
subsection (c) of this Section to determine whether or not the
minor shall continue to remain under the auspices of the
Department of Juvenile Justice or be transferred to the
Department of Corrections.
The minor shall be served with notice of the date of the
hearing, shall be present at the hearing, and has the right to
counsel at the hearing. The minor, with the consent of his or
her counsel or guardian may waive his presence at hearing.
(b) (Blank). Unless sooner paroled under Section 3-3-3, the
confinement of a minor person committed for an indeterminate
sentence in a criminal proceeding shall terminate at the
expiration of the maximum term of imprisonment, and he shall
thereupon be released to serve a period of parole under Section
5-8-1, but if the maximum term of imprisonment does not expire
until after his 21st birthday, he shall continue to be subject
to the control and custody of the Department of Juvenile
Justice, and on his 21st birthday, he shall be transferred to
the Department of Corrections. If such person is on parole on
his 21st birthday, his parole supervision may be transferred to
the Department of Corrections.
(c) (Blank). Any interdivisional transfer hearing

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conducted pursuant to subsection (a) of this Section shall
consider all available information which may bear upon the
issue of transfer. All evidence helpful to the court in
determining the question of transfer, including oral and
written reports containing hearsay, may be relied upon to the
extent of its probative value, even though not competent for
the purposes of an adjudicatory hearing. The court shall
consider, along with any other relevant matter, the following:
1. The nature of the offense for which the minor was
found guilty and the length of the sentence the minor has
to serve and the record and previous history of the minor.
2. The record of the minor's adjustment within the
Department of Juvenile Justice, including, but not limited
to, reports from the minor's counselor, any escapes,
attempted escapes or violent or disruptive conduct on the
part of the minor, any tickets received by the minor,
summaries of classes attended by the minor, and any record
of work performed by the minor while in the institution.
3. The relative maturity of the minor based upon the
physical, psychological and emotional development of the
minor.
4. The record of the rehabilitative progress of the
minor and an assessment of the vocational potential of the
minor.
5. An assessment of the necessity for transfer of the
minor, including, but not limited to, the availability of

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space within the Department of Corrections, the
disciplinary and security problem which the minor has
presented to the Department of Juvenile Justice and the
practicability of maintaining the minor in a juvenile
facility, whether resources have been exhausted within the
Department of Juvenile Justice, the availability of
rehabilitative and vocational programs within the
Department of Corrections, and the anticipated ability of
the minor to adjust to confinement within an adult
institution based upon the minor's physical size and
maturity.
All relevant factors considered under this subsection need
not be resolved against the juvenile in order to justify such
transfer. Access to social records, probation reports or any
other reports which are considered by the court for the purpose
of transfer shall be made available to counsel for the juvenile
at least 30 days prior to the date of the transfer hearing. The
Sentencing Court, upon granting a transfer order, shall
accompany such order with a statement of reasons.
(d) (Blank). Whenever the Director of Juvenile Justice or
his designee determines that the interests of safety, security
and discipline require the transfer to the Department of
Corrections of a person 17 years or older who was prosecuted
under the provisions of the Criminal Code of 1961 or the
Criminal Code of 2012 and sentenced under the provisions of
this Act pursuant to Section 2-7 of the Juvenile Court Act or

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Section 5-805 of the Juvenile Court Act of 1987 and committed
to the Department of Juvenile Justice under Section 5-8-6, the
Director or his designee may authorize the emergency transfer
of such person, unless the transfer of the person is governed
by subsection (e) of this Section. The sentencing court shall
be provided notice of any emergency transfer no later than 3
days after the emergency transfer. Upon motion brought within
60 days of the emergency transfer by the sentencing court or
any party, the sentencing court may conduct a hearing pursuant
to the provisions of subsection (c) of this Section in order to
determine whether the person shall remain confined in the
Department of Corrections.
(e) The Director of Juvenile Justice or his designee may
authorize the permanent transfer to the Department of
Corrections of any person 18 years or older who was prosecuted
under the provisions of the Criminal Code of 1961 or the
Criminal Code of 2012 and sentenced under the provisions of
this Act pursuant to Section 2-7 of the Juvenile Court Act or
Section 5-805 of the Juvenile Court Act of 1987 and committed
to the Department of Juvenile Justice under Section 5-8-6 of
this Act. The Director of Juvenile Justice or his designee
shall be governed by the following factors in determining
whether to authorize the permanent transfer of the person to
the Department of Corrections:
1. The nature of the offense for which the person was
found guilty and the length of the sentence the person has

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to serve and the record and previous history of the person.
2. The record of the person's adjustment within the
Department of Juvenile Justice, including, but not limited
to, reports from the person's counselor, any escapes,
attempted escapes or violent or disruptive conduct on the
part of the person, any tickets received by the person,
summaries of classes attended by the person, and any record
of work performed by the person while in the institution.
3. The relative maturity of the person based upon the
physical, psychological and emotional development of the
person.
4. The record of the rehabilitative progress of the
person and an assessment of the vocational potential of the
person.
5. An assessment of the necessity for transfer of the
person, including, but not limited to, the availability of
space within the Department of Corrections, the
disciplinary and security problem which the person has
presented to the Department of Juvenile Justice and the
practicability of maintaining the person in a juvenile
facility, whether resources have been exhausted within the
Department of Juvenile Justice, the availability of
rehabilitative and vocational programs within the
Department of Corrections, and the anticipated ability of
the person to adjust to confinement within an adult
institution based upon the person's physical size and

09900SB2777sam001 - 150 - LRB099 20630 RLC 46004 a
maturity.
(Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of Confinement.
(a) Offenders sentenced to a term of imprisonment for a
felony shall be committed to the penitentiary system of the
Department of Corrections. However, such sentence shall not
limit the powers of the Department of Children and Family
Services in relation to any child under the age of one year in
the sole custody of a person so sentenced, nor in relation to
any child delivered by a female so sentenced while she is so
confined as a consequence of such sentence. A person sentenced
for a felony may be assigned by the Department of Corrections
to any of its institutions, facilities or programs.
(b) Offenders sentenced to a term of imprisonment for less
than one year shall be committed to the custody of the sheriff.
A person committed to the Department of Corrections, prior to
July 14, 1983, for less than one year may be assigned by the
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 17 years of age when sentenced
to imprisonment shall be committed to the Department of
Juvenile Justice and the court in its order of commitment shall
set a definite term. Such order of commitment shall be the
sentence of the court which may be amended by the court while
jurisdiction is retained; and such sentence shall apply

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whenever the offender sentenced is in the control and custody
of the Department of Corrections. The provisions of Section
3-3-3 shall be a part of such commitment as fully as though
written in the order of commitment. The place of confinement
for sentences imposed before the effective date of this
amendatory Act of the 99th General Assembly are not affected or
abated by this amendatory Act of the 99th General Assembly. The
committing court shall retain jurisdiction of the subject
matter and the person until he or she reaches the age of 21
unless earlier discharged. However, the Department of Juvenile
Justice shall, after a juvenile has reached 17 years of age,
petition the court to conduct a hearing pursuant to subsection
(c) of Section 3-10-7 of this Code.
(d) No defendant shall be committed to the Department of
Corrections for the recovery of a fine or costs.
(e) When a court sentences a defendant to a term of
imprisonment concurrent with a previous and unexpired sentence
of imprisonment imposed by any district court of the United
States, it may commit the offender to the custody of the
Attorney General of the United States. The Attorney General of
the United States, or the authorized representative of the
Attorney General of the United States, shall be furnished with
the warrant of commitment from the court imposing sentence,
which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by
parole or by termination of sentence, the offender shall be

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transferred by the Sheriff of the committing county to the
Department of Corrections. The court shall cause the Department
to be notified of such sentence at the time of commitment and
to be provided with copies of all records regarding the
sentence.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(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
trial or appeal or while on parole, aftercare release, or
mandatory supervised release.
(b) A person serving a sentence for a conviction of a Class
1 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.
(c) A person serving a sentence for a conviction of a Class
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.
(d) A person serving a sentence for conviction of an

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offense other than for predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or felony criminal
sexual abuse, may be placed in an electronic home detention
program for a period not to exceed the last 12 months of
incarceration, provided that (i) the person is 55 years of age
or older; (ii) the person is serving a determinate sentence;
(iii) the person has served at least 25% of the sentenced
prison term; and (iv) placement in an electronic home detention
program is approved by the Prisoner Review Board or the
Department of Juvenile Justice.
(e) A person serving a sentence for conviction of a Class
2, 3 or 4 felony offense which is not an excluded offense may
be placed in an electronic home detention program pursuant to
Department administrative directives.
(f) Applications for electronic home detention may include
the following:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory supervised
release;
(6) work release;
(7) furlough; or
(8) post-trial incarceration.

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(g) A person convicted of an offense described in clause
(4) or (5) of subsection (d) of Section 5-8-1 of this Code
shall be placed in an electronic home detention program for at
least the first 2 years of the person's mandatory supervised
release term.
(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
Sec. 5-8A-5. Consent of the participant. Before entering an
order for commitment for electronic home detention, the
supervising authority shall inform the participant and other
persons residing in the home of the nature and extent of the
approved electronic monitoring devices by doing the following:
(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
entered and acknowledge the nature and extent of approved
electronic monitoring devices.
(C) Insure that the approved electronic devices be
minimally intrusive upon the privacy of the participant and
other persons residing in the home while remaining in
compliance with subsections (B) through (D) of Section 5-8A-4.

09900SB2777sam001 - 155 - LRB099 20630 RLC 46004 a
(D) This Section does not apply to persons subject to
Electronic Home Monitoring as a term or condition of parole,
aftercare release, or mandatory supervised release under
subsection (d) of Section 5-8-1 of this Code.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 5/5-8A-7)
Sec. 5-8A-7. Domestic violence surveillance program. If
the Prisoner Review Board, Department of Corrections,
Department of Juvenile Justice, 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 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.
Best available technology must have real-time and interactive
capabilities that facilitate the following objectives: (1)
immediate notification to the supervising authority of a breach
of a court ordered exclusion zone; (2) notification of the
breach to the offender; and (3) communication between the
supervising authority, law enforcement, and the victim,
regarding the breach.
(Source: P.A. 98-558, eff. 1-1-14.)

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Section 40. The Open Parole Hearings Act is amended by
changing Sections 5, 10, 15, and 20 as follows:
(730 ILCS 105/5) (from Ch. 38, par. 1655)
Sec. 5. Definitions. As used in this Act:
(a) "Applicant" means an inmate who is being considered for
parole or aftercare release by the Prisoner Review Board.
(a-1) "Aftercare releasee" means a person released from the
Department of Juvenile Justice on aftercare release subject to
aftercare revocation proceedings.
(b) "Board" means the Prisoner Review Board as established
in Section 3-3-1 of the Unified Code of Corrections.
(c) "Parolee" means a person subject to parole revocation
proceedings.
(d) "Parole or aftercare release hearing" means the formal
hearing and determination of an inmate being considered for
release from incarceration on parole community supervision.
(e) "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
conditions of his or her release agreement.
(f) "Victim" means a victim or witness of a violent crime
as defined in subsection (a) of Section 3 of the Bill of Rights
for Victims and Witnesses of Violent Crime Act, or any person
legally related to the victim by blood, marriage, adoption, or

09900SB2777sam001 - 157 - LRB099 20630 RLC 46004 a
guardianship, or any friend of the victim, or any concerned
citizen.
(g) "Violent crime" means a crime defined in subsection (c)
of Section 3 of the Bill of Rights for Victims and Witnesses of
Violent Crime Act.
(Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)
(730 ILCS 105/10) (from Ch. 38, par. 1660)
Sec. 10. Victim's statements.
(a) Upon request of the victim, the State's Attorney shall
forward a copy of any statement presented at the time of trial
to the Prisoner Review Board to be considered at the time of a
parole or aftercare release hearing.
(b) The victim may enter a statement either oral, written,
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.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 105/15) (from Ch. 38, par. 1665)
Sec. 15. Open hearings.
(a) The Board may restrict the number of individuals
allowed to attend parole or aftercare release, or parole or
aftercare release revocation hearings in accordance with
physical limitations, security requirements of the hearing
facilities or those giving repetitive or cumulative testimony.

09900SB2777sam001 - 158 - LRB099 20630 RLC 46004 a
The Board may also restrict attendance at an aftercare release
or aftercare release revocation hearing in order to protect 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:
(1) threaten or present danger to the security of the
institution in which the hearing is being held;
(2) threaten or present a danger to other attendees or
participants; or
(3) disrupt the hearing.
(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
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
subject them to bodily harm or death, which they believe
detrimental to their parole or aftercare release
determination hearing or revocation proceedings.
(Source: P.A. 98-558, eff. 1-1-14.)

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(730 ILCS 105/20) (from Ch. 38, par. 1670)
Sec. 20. Finality of Board decisions. A Board decision
concerning parole or aftercare release, 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.
(Source: P.A. 98-558, eff. 1-1-14.)".