Bill Text: IL HB3198 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Provides that a condition of parole or mandatory supervised release is that a parolee or releasee convicted of a sex offense requiring registration under the Sex Offender Registration Act, when the victim at the time of the offense was under 15 years of age and the offender committed the sex offense without the consent of the victim, not reside in a home in which a child or children under 18 years of age are living.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3198 Detail]

Download: Illinois-2011-HB3198-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3198 Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
Amends the Unified Code of Corrections. Provides that a condition of parole or mandatory supervised release is that a parolee or releasee convicted of a sex offense requiring registration under the Sex Offender Registration Act, when the victim at the time of the offense was under 15 years of age and the offender committed the sex offense without the consent of the victim, not reside in a home in which a child or children under 18 years of age are living.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-3-7 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
(a) The conditions of parole 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 and mandatory supervised release
are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the

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instruction or residence of persons on parole or mandatory
supervised release;
(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 as soon as permitted by the arresting authority
but in no event later than 24 hours after release from
custody;
(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
offenders, or is in any facility operated or licensed by

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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 the effective date of this
amendatory Act of the 94th General Assembly, wear an
approved electronic monitoring device as defined in
Section 5-8A-2 for the duration of the person's parole,
mandatory supervised release term, or extended mandatory
supervised release term and if convicted for an offense of
criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child,
criminal sexual abuse, aggravated criminal sexual abuse,
or ritualized abuse of a child committed on or after August
11, 2009 (the effective date of Public Act 96-236) when the
victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)
capability for the duration of the person's parole,
mandatory supervised release term, or extended mandatory
supervised release term;
(7.8) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th

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General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961, refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the accused and whom the accused reasonably
believes to be under 18 years of age; for purposes of this
paragraph (7.8), "Internet" has the meaning ascribed to it
in Section 16J-5 of the Criminal Code of 1961; 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,
11-20.3, or 11-21 of the Criminal Code of 1961, 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 the effective
date of this amendatory Act of the 95th General Assembly,
not possess prescription drugs for erectile dysfunction;

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

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(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 16D-2 of the Criminal Code of 1961;
(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 before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections 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 a parole agent of the
Department of Corrections;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on

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parole or mandatory supervised release without prior
written permission of his or her parole agent and not
associate with persons who are members of an organized gang
as that term is defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by his
or her parole agent or of the Department of Corrections;
(15) follow any specific instructions provided by the
parole agent 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 or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent 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

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a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter; and
(17) if convicted of a violation of an order of
protection under Section 12-30 of the Criminal Code of
1961, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code; and .
(18) if convicted of a sex offense requiring
registration under the Sex Offender Registration Act, when
the victim at the time of the offense was under 15 years of
age and the offender committed the sex offense without the
consent of the victim, not reside in a home in which a
child or children under 18 years of age are living.
(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 dependents;
(5) (blank);
(6) (blank);
(7) comply with the terms and conditions of an order of
protection issued pursuant to the Illinois Domestic
Violence Act of 1986, enacted by the 84th General Assembly,

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or an order of protection issued by the court of another
state, tribe, or United States territory;
(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, refrain 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 16J-5 of the Criminal Code of 1961; 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

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agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(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; and
(8) in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his 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

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Corrections, may be required by the Board 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
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections 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;
(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. 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

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certain specified persons including, but not limited to,
the victim or the victim's family without the prior written
approval of an agent of the Department of Corrections;
(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;
(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 and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control

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certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(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
before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he 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 in charge of his
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to

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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) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole 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 the high
school level Test of General Educational Development.
(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
96-1000, eff. 7-2-10.)