Bill Text: IL HB5150 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Unified Code of Corrections. Provides that if the parolee or releasee is on parole or mandatory supervised release for a forcible felony and commits an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony, the supervising officer of the parolee or releasee shall request the Department of Corrections to issue a warrant and the Department shall issue the warrant and the officer or the Department shall file a violation report with notice of charges with the Prisoner Review Board. Effective immediately.

Spectrum: Partisan Bill (Republican 16-0)

Status: (Passed) 2010-08-20 - Public Act . . . . . . . . . 96-1447 [HB5150 Detail]

Download: Illinois-2009-HB5150-Enrolled.html

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HB5150 Enrolled LRB096 19190 RLC 34581 b
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 3-14-2 as follows:
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
(a) The Department shall retain custody of all persons
placed on parole or mandatory supervised release or released
pursuant to Section 3-3-10 of this Code and shall supervise
such persons during their parole or release period in accord
with the conditions set by the Prisoner Review Board. Such
conditions shall include referral to an alcohol or drug abuse
treatment program, as appropriate, if such person has
previously been identified as having an alcohol or drug abuse
problem. Such conditions may include that the person use an
approved electronic monitoring device subject to Article 8A of
Chapter V.
(b) The Department shall assign personnel to assist persons
eligible for parole in preparing a parole plan. Such Department
personnel shall make a report of their efforts and findings to
the Prisoner Review Board prior to its consideration of the

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case of such eligible person.
(c) A copy of the conditions of his parole or release shall
be signed by the parolee or releasee and given to him and to
his supervising officer who shall report on his progress under
the rules and regulations of the Prisoner Review Board. The
supervising officer shall report violations to the Prisoner
Review Board and shall have the full power of peace officers in
the arrest and retaking of any parolees or releasees or the
officer may request the Department to issue a warrant for the
arrest of any parolee or releasee who has allegedly violated
his parole or release conditions.
(c-1) The supervising officer shall request the Department
to issue a parole violation warrant, and the Department shall
issue a parole violation warrant, under the following
circumstances:
(1) if If the parolee or releasee commits an act that
constitutes a felony using a firearm or knife,
(2) if applicable, fails to comply with the
requirements of the Sex Offender Registration Act, or
(3) if the parolee or releasee is charged with:
(A) domestic battery under Section 12-3.2 of the
Criminal Code of 1961,
(B) aggravated domestic battery under Section
12-3.3 of the Criminal Code of 1961,
(C) stalking under Section 12-7.3 of the Criminal
Code of 1961,

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(D) aggravated stalking under Section 12-7.4 of
the Criminal Code of 1961,
(E) violation of an order of protection under
Section 12-30 of the Criminal Code of 1961, or
(F) any offense that would require registration as
a sex offender under the Sex Offender Registration Act,
or .
(4) if the parolee or releasee is on parole or
mandatory supervised release for a forcible felony and
commits an act that constitutes first degree murder, a
Class X felony, a Class 1 felony, a Class 2 felony, or a
Class 3 felony.
A sheriff or other peace officer may detain an alleged
parole or release violator until a warrant for his return
to the Department can be issued. The parolee or releasee
may be delivered to any secure place until he can be
transported to the Department. The officer or the
Department shall file a violation report with notice of
charges with the Prisoner Review Board.
(d) The supervising officer shall regularly advise and
consult with the parolee or releasee, assist him in adjusting
to community life, inform him of the restoration of his rights
on successful completion of sentence under Section 5-5-5. If
the parolee or releasee has been convicted of a sex offense as
defined in the Sex Offender Management Board Act, the
supervising officer shall periodically, but not less than once

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a month, verify that the parolee or releasee is in compliance
with paragraph (7.6) of subsection (a) of Section 3-3-7.
(e) Supervising officers shall receive specialized
training in the special needs of female releasees or parolees
including the family reunification process.
(f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records
shall be entered in the master file of the individual.
(Source: P.A. 96-282, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.