Bill Text: IL HB5851 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in the Section concerning conditions of parole and mandatory supervised release.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5851 Detail]
Download: Illinois-2011-HB5851-Introduced.html
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1 | AN ACT concerning corrections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 3-3-7 as follows:
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6 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | |||||||||||||||||||
7 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | |||||||||||||||||||
8 | Release.
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9 | (a) The conditions of parole parole or mandatory
supervised | |||||||||||||||||||
10 | release shall be such as the Prisoner Review
Board deems | |||||||||||||||||||
11 | necessary to assist the subject in leading a
law-abiding life. | |||||||||||||||||||
12 | The conditions of every parole and mandatory
supervised release | |||||||||||||||||||
13 | are that the subject:
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14 | (1) not violate any criminal statute of any | |||||||||||||||||||
15 | jurisdiction
during the parole or release term;
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16 | (2) refrain from possessing a firearm or other | |||||||||||||||||||
17 | dangerous
weapon;
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18 | (3) report to an agent of the Department of | |||||||||||||||||||
19 | Corrections;
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20 | (4) permit the agent to visit him or her at his or her | |||||||||||||||||||
21 | home, employment,
or
elsewhere to the
extent necessary for | |||||||||||||||||||
22 | the agent to discharge his or her duties;
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23 | (5) attend or reside in a facility established for the |
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1 | instruction or
residence
of persons on
parole or mandatory | ||||||
2 | supervised release;
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3 | (6) secure permission before visiting or writing a | ||||||
4 | committed person in an
Illinois Department
of Corrections | ||||||
5 | facility;
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6 | (7) report all arrests to an agent of the Department of | ||||||
7 | Corrections as
soon as
permitted by the
arresting authority | ||||||
8 | but in no event later than 24 hours after release from
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9 | custody and immediately report service or notification of | ||||||
10 | an order of protection, a civil no contact order, or a | ||||||
11 | stalking no contact order to an agent of the Department of | ||||||
12 | Corrections;
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13 | (7.5) if convicted of a sex offense as defined in the | ||||||
14 | Sex Offender
Management Board Act, the individual shall | ||||||
15 | undergo and successfully complete
sex offender treatment | ||||||
16 | conducted in conformance with the standards developed by
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17 | the Sex
Offender Management Board Act by a treatment | ||||||
18 | provider approved by the Board;
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19 | (7.6) if convicted of a sex offense as defined in the | ||||||
20 | Sex Offender
Management Board Act, refrain from residing at | ||||||
21 | the same address or in the same condominium unit or | ||||||
22 | apartment unit or in the same condominium complex or | ||||||
23 | apartment complex with another person he or she knows or | ||||||
24 | reasonably should know is a convicted sex offender or has | ||||||
25 | been placed on supervision for a sex offense; the | ||||||
26 | provisions of this paragraph do not apply to a person |
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1 | convicted of a sex offense who is placed in a Department of | ||||||
2 | Corrections licensed transitional housing facility for sex | ||||||
3 | offenders, or is in any facility operated or licensed by | ||||||
4 | the Department of Children and Family Services or by the | ||||||
5 | Department of Human Services, or is in any licensed medical | ||||||
6 | facility;
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7 | (7.7) if convicted for an offense that would qualify | ||||||
8 | the accused as a sexual predator under the Sex Offender | ||||||
9 | Registration Act on or after January 1, 2007 (the effective | ||||||
10 | date of Public Act 94-988), wear an approved electronic | ||||||
11 | monitoring device as defined in Section 5-8A-2 for the | ||||||
12 | duration of the person's parole, mandatory supervised | ||||||
13 | release term, or extended mandatory supervised release | ||||||
14 | term and if convicted for an offense of criminal sexual | ||||||
15 | assault, aggravated criminal sexual assault, predatory | ||||||
16 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
17 | aggravated criminal sexual abuse, or ritualized abuse of a | ||||||
18 | child committed on or after August 11, 2009 (the effective | ||||||
19 | date of Public Act 96-236) when the victim was under 18 | ||||||
20 | years of age at the time of the commission of the offense | ||||||
21 | and the defendant used force or the threat of force in the | ||||||
22 | commission of the offense wear an approved electronic | ||||||
23 | monitoring device as defined in Section 5-8A-2 that has | ||||||
24 | Global Positioning System (GPS) capability for the | ||||||
25 | duration of the person's parole, mandatory supervised | ||||||
26 | release term, or extended mandatory supervised release |
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1 | term;
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2 | (7.8) if convicted for an offense committed on or after | ||||||
3 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
4 | would qualify the accused as a child sex offender as | ||||||
5 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
6 | 1961, refrain from communicating with or contacting, by | ||||||
7 | means of the Internet, a person who is not related to the | ||||||
8 | accused and whom the accused reasonably believes to be | ||||||
9 | under 18 years of age; for purposes of this paragraph | ||||||
10 | (7.8), "Internet" has the meaning ascribed to it in Section | ||||||
11 | 16-0.1 of the Criminal Code of 1961; and a person is not | ||||||
12 | related to the accused if the person is not: (i) the | ||||||
13 | spouse, brother, or sister of the accused; (ii) a | ||||||
14 | descendant of the accused; (iii) a first or second cousin | ||||||
15 | of the accused; or (iv) a step-child or adopted child of | ||||||
16 | the accused;
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17 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
18 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961, | ||||||
19 | consent to search of computers, PDAs, cellular phones, and | ||||||
20 | other devices under his or her control that are capable of | ||||||
21 | accessing the Internet or storing electronic files, in | ||||||
22 | order to confirm Internet protocol addresses reported in | ||||||
23 | accordance with the Sex Offender Registration Act and | ||||||
24 | compliance with conditions in this Act;
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25 | (7.10)
if convicted for an offense that would qualify | ||||||
26 | the accused as a sex offender or sexual predator under the |
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1 | Sex Offender Registration Act on or after June 1, 2008 (the | ||||||
2 | effective date of Public Act 95-640), not possess | ||||||
3 | prescription drugs for erectile dysfunction;
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4 | (7.11) if convicted for an offense under Section 11-6, | ||||||
5 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
6 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
7 | of the Criminal Code of 1961, or any attempt to commit any | ||||||
8 | of these offenses, committed on or after June 1, 2009 (the | ||||||
9 | effective date of Public Act 95-983): | ||||||
10 | (i) not access or use a computer or any other | ||||||
11 | device with Internet capability without the prior | ||||||
12 | written approval of the Department; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's supervising | ||||||
16 | agent, a law enforcement officer, or assigned computer | ||||||
17 | or information technology specialist, including the | ||||||
18 | retrieval and copying of all data from the computer or | ||||||
19 | device and any internal or external peripherals and | ||||||
20 | removal of such information, equipment, or device to | ||||||
21 | conduct a more thorough inspection; | ||||||
22 | (iii) submit to the installation on the offender's | ||||||
23 | computer or device with Internet capability, at the | ||||||
24 | offender's expense, of one or more hardware or software | ||||||
25 | systems to monitor the Internet use; and | ||||||
26 | (iv) submit to any other appropriate restrictions |
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1 | concerning the offender's use of or access to a | ||||||
2 | computer or any other device with Internet capability | ||||||
3 | imposed by the Board, the Department or the offender's | ||||||
4 | supervising agent; | ||||||
5 | (7.12) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender
Registration Act committed on or after January | ||||||
7 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
8 | from accessing or using a social networking website as | ||||||
9 | defined in Section 17-0.5 of the Criminal Code of 1961;
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10 | (7.13) if convicted of a sex offense as defined in | ||||||
11 | Section 2 of the Sex Offender Registration Act committed on | ||||||
12 | or after January 1, 2010 (the effective date of Public Act | ||||||
13 | 96-362) that requires the person to register as a sex | ||||||
14 | offender under that Act, may not knowingly use any computer | ||||||
15 | scrub software on any computer that the sex offender uses; | ||||||
16 | (8) obtain permission of an agent of the Department of | ||||||
17 | Corrections before
leaving the
State of Illinois;
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18 | (9) obtain permission of an agent of the Department of | ||||||
19 | Corrections before
changing
his or her residence or | ||||||
20 | employment;
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21 | (10) consent to a search of his or her person, | ||||||
22 | property, or residence
under his or her
control;
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23 | (11) refrain from the use or possession of narcotics or | ||||||
24 | other controlled
substances in
any form, or both, or any | ||||||
25 | paraphernalia related to those substances and submit
to a
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26 | urinalysis test as instructed by a parole agent of the |
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1 | Department of
Corrections;
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2 | (12) not frequent places where controlled substances | ||||||
3 | are illegally sold,
used,
distributed, or administered;
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4 | (13) not knowingly associate with other persons on | ||||||
5 | parole or mandatory
supervised
release without prior | ||||||
6 | written permission of his or her parole agent and not
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7 | associate with
persons who are members of an organized gang | ||||||
8 | as that term is defined in the
Illinois
Streetgang | ||||||
9 | Terrorism Omnibus Prevention Act;
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10 | (14) provide true and accurate information, as it | ||||||
11 | relates to his or her
adjustment in the
community while on | ||||||
12 | parole or mandatory supervised release or to his or her
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13 | conduct
while incarcerated, in response to inquiries by his | ||||||
14 | or her parole agent or of
the
Department of Corrections;
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15 | (15) follow any specific instructions provided by the | ||||||
16 | parole agent that
are consistent
with furthering | ||||||
17 | conditions set and approved by the Prisoner Review Board or | ||||||
18 | by
law,
exclusive of placement on electronic detention, to | ||||||
19 | achieve the goals and
objectives of his
or her parole or | ||||||
20 | mandatory supervised release or to protect the public. | ||||||
21 | These
instructions by the parole agent may be modified at | ||||||
22 | any time, as the agent
deems
appropriate;
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23 | (16) if convicted of a sex offense as defined in | ||||||
24 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
25 | offender is a parent or guardian of the person under 18 | ||||||
26 | years of age present in the home and no non-familial minors |
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1 | are present, not participate in a holiday event involving | ||||||
2 | children under 18 years of age, such as distributing candy | ||||||
3 | or other items to children on Halloween, wearing a Santa | ||||||
4 | Claus costume on or preceding Christmas, being employed as | ||||||
5 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
6 | costume on or preceding Easter; | ||||||
7 | (17) if convicted of a violation of an order of | ||||||
8 | protection under Section 12-30 of the Criminal Code of | ||||||
9 | 1961, be placed under electronic surveillance as provided | ||||||
10 | in Section 5-8A-7 of this Code; and | ||||||
11 | (18) comply with the terms and conditions of an order | ||||||
12 | of protection issued pursuant to the Illinois Domestic | ||||||
13 | Violence Act of 1986; an order of protection issued by the | ||||||
14 | court of another state, tribe, or United States territory; | ||||||
15 | a no contact order issued pursuant to the Civil No Contact | ||||||
16 | Order Act; or a no contact order issued pursuant to the | ||||||
17 | Stalking No Contact Order Act ; and . | ||||||
18 | (19) (18) if convicted of a violation of the | ||||||
19 | Methamphetamine Control and Community Protection Act, the | ||||||
20 | Methamphetamine
Precursor Control Act, or a | ||||||
21 | methamphetamine related offense, be: | ||||||
22 | (A) prohibited from purchasing, possessing, or | ||||||
23 | having under his or her control any product containing | ||||||
24 | pseudoephedrine unless prescribed by a physician; and | ||||||
25 | (B) prohibited from purchasing, possessing, or | ||||||
26 | having under his or her control any product containing |
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1 | ammonium nitrate. | ||||||
2 | (b) The Board may in addition to other conditions
require | ||||||
3 | that the subject:
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4 | (1) work or pursue a course of study or vocational | ||||||
5 | training;
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6 | (2) undergo medical or psychiatric treatment, or | ||||||
7 | treatment
for drug addiction or alcoholism;
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8 | (3) attend or reside in a facility established for the
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9 | instruction or residence of persons on probation or parole;
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10 | (4) support his dependents;
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11 | (5) (blank);
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12 | (6) (blank);
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13 | (7) (blank);
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14 | (7.5) if convicted for an offense committed on or after | ||||||
15 | the effective date of this amendatory Act of the 95th | ||||||
16 | General Assembly that would qualify the accused as a child | ||||||
17 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
18 | Criminal Code of 1961, refrain from communicating with or | ||||||
19 | contacting, by means of the Internet, a person who is | ||||||
20 | related to the accused and whom the accused reasonably | ||||||
21 | believes to be under 18 years of age; for purposes of this | ||||||
22 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
23 | in Section 16-0.1 of the Criminal Code of 1961; and a | ||||||
24 | person is related to the accused if the person is: (i) the | ||||||
25 | spouse, brother, or sister of the accused; (ii) a | ||||||
26 | descendant of the accused; (iii) a first or second cousin |
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1 | of the accused; or (iv) a step-child or adopted child of | ||||||
2 | the accused; | ||||||
3 | (7.6) if convicted for an offense committed on or after | ||||||
4 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
5 | would qualify as a sex offense as defined in the Sex | ||||||
6 | Offender Registration Act: | ||||||
7 | (i) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the Department; | ||||||
10 | (ii) submit to periodic unannounced examinations | ||||||
11 | of the offender's computer or any other device with | ||||||
12 | Internet capability by the offender's supervising | ||||||
13 | agent, a law enforcement officer, or assigned computer | ||||||
14 | or information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of such information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | offender's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a | ||||||
25 | computer or any other device with Internet capability | ||||||
26 | imposed by the Board, the Department or the offender's |
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1 | supervising agent; and
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2 | (8) in addition, if a minor:
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3 | (i) reside with his parents or in a foster home;
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4 | (ii) attend school;
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5 | (iii) attend a non-residential program for youth; | ||||||
6 | or
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7 | (iv) contribute to his own support at home or in a | ||||||
8 | foster
home.
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9 | (b-1) In addition to the conditions set forth in | ||||||
10 | subsections (a) and (b), persons required to register as sex | ||||||
11 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
12 | release from the custody of the Illinois Department of | ||||||
13 | Corrections, may be required by the Board to comply with the | ||||||
14 | following specific conditions of release: | ||||||
15 | (1) reside only at a Department approved location; | ||||||
16 | (2) comply with all requirements of the Sex Offender | ||||||
17 | Registration Act;
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18 | (3) notify
third parties of the risks that may be | ||||||
19 | occasioned by his or her criminal record; | ||||||
20 | (4) obtain the approval of an agent of the Department | ||||||
21 | of Corrections prior to accepting employment or pursuing a | ||||||
22 | course of study or vocational training and notify the | ||||||
23 | Department prior to any change in employment, study, or | ||||||
24 | training; | ||||||
25 | (5) not be employed or participate in any
volunteer | ||||||
26 | activity that involves contact with children, except under |
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1 | circumstances approved in advance and in writing by an | ||||||
2 | agent of the Department of Corrections; | ||||||
3 | (6) be electronically monitored for a minimum of 12 | ||||||
4 | months from the date of release as determined by the Board;
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5 | (7) refrain from entering into a designated
geographic | ||||||
6 | area except upon terms approved in advance by an agent of | ||||||
7 | the Department of Corrections. The terms may include | ||||||
8 | consideration of the purpose of the entry, the time of day, | ||||||
9 | and others accompanying the person; | ||||||
10 | (8) refrain from having any contact, including
written | ||||||
11 | or oral communications, directly or indirectly, personally | ||||||
12 | or by telephone, letter, or through a third party with | ||||||
13 | certain specified persons including, but not limited to, | ||||||
14 | the victim or the victim's family without the prior written | ||||||
15 | approval of an agent of the Department of Corrections; | ||||||
16 | (9) refrain from all contact, directly or
indirectly, | ||||||
17 | personally, by telephone, letter, or through a third party, | ||||||
18 | with minor children without prior identification and | ||||||
19 | approval of an agent of the Department of Corrections; | ||||||
20 | (10) neither possess or have under his or her
control | ||||||
21 | any material that is sexually oriented, sexually | ||||||
22 | stimulating, or that shows male or female sex organs or any | ||||||
23 | pictures depicting children under 18 years of age nude or | ||||||
24 | any written or audio material describing sexual | ||||||
25 | intercourse or that depicts or alludes to sexual activity, | ||||||
26 | including but not limited to visual, auditory, telephonic, |
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1 | or electronic media, or any matter obtained through access | ||||||
2 | to any computer or material linked to computer access use; | ||||||
3 | (11) not patronize any business providing
sexually | ||||||
4 | stimulating or sexually oriented entertainment nor utilize | ||||||
5 | "900" or adult telephone numbers; | ||||||
6 | (12) not reside near, visit, or be in or about
parks, | ||||||
7 | schools, day care centers, swimming pools, beaches, | ||||||
8 | theaters, or any other places where minor children | ||||||
9 | congregate without advance approval of an agent of the | ||||||
10 | Department of Corrections and immediately report any | ||||||
11 | incidental contact with minor children to the Department; | ||||||
12 | (13) not possess or have under his or her control
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13 | certain specified items of contraband related to the | ||||||
14 | incidence of sexually offending as determined by an agent | ||||||
15 | of the Department of Corrections; | ||||||
16 | (14) may be required to provide a written daily log of | ||||||
17 | activities
if directed by an agent of the Department of | ||||||
18 | Corrections; | ||||||
19 | (15) comply with all other special conditions
that the | ||||||
20 | Department may impose that restrict the person from | ||||||
21 | high-risk situations and limit access to potential | ||||||
22 | victims; | ||||||
23 | (16) take an annual polygraph exam; | ||||||
24 | (17) maintain a log of his or her travel; or | ||||||
25 | (18) obtain prior approval of his or her parole officer | ||||||
26 | before driving alone in a motor vehicle.
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1 | (c) The conditions under which the parole or mandatory
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2 | supervised release is to be served shall be communicated to
the | ||||||
3 | person in writing prior to his release, and he shall
sign the | ||||||
4 | same before release. A signed copy of these conditions,
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5 | including a copy of an order of protection where one had been | ||||||
6 | issued by the
criminal court, shall be retained by the person | ||||||
7 | and another copy forwarded to
the officer in charge of his | ||||||
8 | supervision.
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9 | (d) After a hearing under Section 3-3-9, the Prisoner
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10 | Review Board may modify or enlarge the conditions of parole
or | ||||||
11 | mandatory supervised release.
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12 | (e) The Department shall inform all offenders committed to
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13 | the Department of the optional services available to them
upon | ||||||
14 | release and shall assist inmates in availing themselves
of such | ||||||
15 | optional services upon their release on a voluntary
basis. | ||||||
16 | (f) (Blank).
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17 | (Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10; | ||||||
18 | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff. | ||||||
19 | 7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065, | ||||||
20 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
21 | 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12; | ||||||
22 | 97-597, eff. 1-1-12; revised 9-14-11.)
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