SB0423 Engrossed LRB103 02875 RLC 47881 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Unified Code of Corrections is amended by
5		changing Sections 3-3-7, 3-3-8, 3-14-2, and 5-6-3 as follows:
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.
9		(a) The conditions of 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
13		release are that the subject:
14		(1) not violate any criminal statute of any
15		jurisdiction during the parole or release term;
16		(2) refrain from possessing a firearm or other
17		dangerous weapon;
18		(3) report to an agent of the Department of
19		Corrections;
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;
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;
3		(6) secure permission before visiting or writing a
4		committed person in an Illinois Department of Corrections
5		facility;
6		(7) report all arrests to an agent of the Department
7		of Corrections as soon as permitted by the arresting
8		authority but in no event later than 24 hours after
9		release from custody and immediately report service or
10		notification of an order of protection, a civil no contact
11		order, or a stalking no contact order to an agent of the
12		Department of Corrections;
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
17		the Sex Offender Management Board Act by a treatment
18		provider approved by the Board;
19		(7.6) if convicted of a sex offense as defined in the
20		Sex Offender Management Board Act, refrain from residing
21		at 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
6		medical facility;
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
10		effective date of Public Act 94-988), wear an approved
11		electronic monitoring device as defined in Section 5-8A-2
12		for the duration of the person's parole, mandatory
13		supervised release term, or extended mandatory supervised
14		release term and if convicted for an offense of criminal
15		sexual assault, aggravated criminal sexual assault,
16		predatory criminal sexual assault of a child, criminal
17		sexual abuse, aggravated criminal sexual abuse, or
18		ritualized abuse of a child committed on or after August
19		11, 2009 (the effective date of Public Act 96-236) when
20		the victim was under 18 years of age at the time of the
21		commission of the offense and the defendant used force or
22		the threat of force in the commission of the offense wear
23		an approved electronic monitoring device as defined in
24		Section 5-8A-2 that has Global Positioning System (GPS)
25		capability for the duration of the person's parole,
26		mandatory supervised release term, or extended mandatory

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1		supervised release term;
2		(7.8) if convicted for an offense committed on or
3		after June 1, 2008 (the effective date of Public Act
4		95-464) that would qualify the accused as a child sex
5		offender as defined in Section 11-9.3 or 11-9.4 of the
6		Criminal Code of 1961 or the Criminal Code of 2012,
7		refrain from communicating with or contacting, by means of
8		the Internet, a person who is not related to the accused
9		and whom the accused reasonably believes to be under 18
10		years of age; for purposes of this paragraph (7.8),
11		"Internet" has the meaning ascribed to it in Section
12		16-0.1 of the Criminal Code of 2012; and a person is not
13		related to the accused if the person is not: (i) the
14		spouse, brother, or sister of the accused; (ii) a
15		descendant of the accused; (iii) a first or second cousin
16		of the accused; or (iv) a step-child or adopted child of
17		the accused;
18		(7.9) if convicted under Section 11-6, 11-20.1,
19		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
20		or the Criminal Code of 2012, consent to search of
21		computers, PDAs, cellular phones, and other devices under
22		his or her control that are capable of accessing the
23		Internet or storing electronic files, in order to confirm
24		Internet protocol addresses reported in accordance with
25		the Sex Offender Registration Act and compliance with
26		conditions in this Act;

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1		(7.10) if convicted for an offense that would qualify
2		the accused as a sex offender or sexual predator under the
3		Sex Offender Registration Act on or after June 1, 2008
4		(the effective date of Public Act 95-640), not possess
5		prescription drugs for erectile dysfunction;
6		(7.11) if convicted for an offense under Section 11-6,
7		11-9.1, 11-14.4 that involves soliciting for a juvenile
8		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
9		of the Criminal Code of 1961 or the Criminal Code of 2012,
10		or any attempt to commit any of these offenses, committed
11		on or after June 1, 2009 (the effective date of Public Act
12		95-983):
13		(i) not access or use a computer or any other
14		device with Internet capability without the prior
15		written approval of the Department;
16		(ii) submit to periodic unannounced examinations
17		of the offender's computer or any other device with
18		Internet capability by the offender's supervising
19		agent, a law enforcement officer, or assigned computer
20		or information technology specialist, including the
21		retrieval and copying of all data from the computer or
22		device and any internal or external peripherals and
23		removal of such information, equipment, or device to
24		conduct a more thorough inspection;
25		(iii) submit to the installation on the offender's
26		computer or device with Internet capability, at the

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1		offender's expense, of one or more hardware or
2		software systems to monitor the Internet use; and
3		(iv) submit to any other appropriate restrictions
4		concerning the offender's use of or access to a
5		computer or any other device with Internet capability
6		imposed by the Board, the Department or the offender's
7		supervising agent;
8		(7.12) if convicted of a sex offense as defined in the
9		Sex Offender Registration Act committed on or after
10		January 1, 2010 (the effective date of Public Act 96-262),
11		refrain from accessing or using a social networking
12		website as defined in Section 17-0.5 of the Criminal Code
13		of 2012;
14		(7.13) if convicted of a sex offense as defined in
15		Section 2 of the Sex Offender Registration Act committed
16		on or after January 1, 2010 (the effective date of Public
17		Act 96-362) that requires the person to register as a sex
18		offender under that Act, may not knowingly use any
19		computer scrub software on any computer that the sex
20		offender uses;
21		(8) obtain permission of an agent of the Department of
22		Corrections before leaving the State of Illinois;
23		(9) obtain permission of an agent of the Department of
24		Corrections before changing his or her residence or
25		employment;
26		(10) consent to a search of his or her person,

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1		property, or residence under his or her control;
2		(11) refrain from the use or possession of narcotics
3		or other controlled substances in any form, or both, or
4		any paraphernalia related to those substances and submit
5		to a urinalysis test as instructed by a parole agent of the
6		Department of Corrections if there is reasonable suspicion
7		of illicit drug use and the source of the reasonable
8		suspicion is documented in the Department's case
9		management system;
10		(12) not knowingly frequent places where controlled
11		substances are illegally sold, used, distributed, or
12		administered;
13		(13) except when the association described in either
14		subparagraph (A) or (B) of this paragraph (13) involves
15		activities related to community programs, worship
16		services, volunteering, engaging families, or some other
17		pro-social activity in which there is no evidence of
18		criminal intent:
19		(A) not knowingly associate with other persons on
20		parole or mandatory supervised release without prior
21		written permission of his or her parole agent; or
22		(B) not knowingly associate with persons who are
23		members of an organized gang as that term is defined in
24		the Illinois Streetgang Terrorism Omnibus Prevention
25		Act;
26		(14) provide true and accurate information, as it

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1		relates to his or her adjustment in the community while on
2		parole or mandatory supervised release or to his or her
3		conduct while incarcerated, in response to inquiries by
4		his or her parole agent or of the Department of
5		Corrections;
6		(15) follow any specific instructions provided by the
7		parole agent that are consistent with furthering
8		conditions set and approved by the Prisoner Review Board
9		or by law, exclusive of placement on electronic detention,
10		to achieve the goals and objectives of his or her parole or
11		mandatory supervised release or to protect the public.
12		These instructions by the parole agent may be modified at
13		any time, as the agent deems appropriate;
14		(16) if convicted of a sex offense as defined in
15		subsection (a-5) of Section 3-1-2 of this Code, unless the
16		offender is a parent or guardian of the person under 18
17		years of age present in the home and no non-familial
18		minors are present, not participate in a holiday event
19		involving children under 18 years of age, such as
20		distributing candy or other items to children on
21		Halloween, wearing a Santa Claus costume on or preceding
22		Christmas, being employed as a department store Santa
23		Claus, or wearing an Easter Bunny costume on or preceding
24		Easter;
25		(17) if convicted of a violation of an order of
26		protection under Section 12-3.4 or Section 12-30 of the

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1		Criminal Code of 1961 or the Criminal Code of 2012, be
2		placed under electronic surveillance as provided in
3		Section 5-8A-7 of this Code;
4		(18) comply with the terms and conditions of an order
5		of protection issued pursuant to the Illinois Domestic
6		Violence Act of 1986; an order of protection issued by the
7		court of another state, tribe, or United States territory;
8		a no contact order issued pursuant to the Civil No Contact
9		Order Act; or a no contact order issued pursuant to the
10		Stalking No Contact Order Act;
11		(19) if convicted of a violation of the
12		Methamphetamine Control and Community Protection Act, the
13		Methamphetamine Precursor Control Act, or a
14		methamphetamine related offense, be:
15		(A) prohibited from purchasing, possessing, or
16		having under his or her control any product containing
17		pseudoephedrine unless prescribed by a physician; and
18		(B) prohibited from purchasing, possessing, or
19		having under his or her control any product containing
20		ammonium nitrate;
21		(20) if convicted of a hate crime under Section 12-7.1
22		of the Criminal Code of 2012, perform public or community
23		service of no less than 200 hours and enroll in an
24		educational program discouraging hate crimes involving the
25		protected class identified in subsection (a) of Section
26		12-7.1 of the Criminal Code of 2012 that gave rise to the

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1		offense the offender committed ordered by the court; and
2		(21) be evaluated by the Department of Corrections
3		prior to release using a validated risk assessment and be
4		subject to a corresponding level of supervision. In
5		accordance with the findings of that evaluation:
6		(A) All subjects found to be at a moderate or high
7		risk to recidivate, or on parole or mandatory
8		supervised release for first degree murder, a forcible
9		felony as defined in Section 2-8 of the Criminal Code
10		of 2012, any felony that requires registration as a
11		sex offender under the Sex Offender Registration Act,
12		or a Class X felony or Class 1 felony that is not a
13		violation of the Cannabis Control Act, the Illinois
14		Controlled Substances Act, or the Methamphetamine
15		Control and Community Protection Act, shall be subject
16		to high level supervision. The Department shall define
17		high level supervision based upon evidence-based and
18		research-based practices. Notwithstanding this
19		placement on high level supervision, placement of the
20		subject on electronic monitoring or detention shall
21		not occur unless it is required by law or expressly
22		ordered or approved by the Prisoner Review Board.
23		(B) All subjects found to be at a low risk to
24		recidivate shall be subject to low-level supervision,
25		except for those subjects on parole or mandatory
26		supervised release for first degree murder, a forcible

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1		felony as defined in Section 2-8 of the Criminal Code
2		of 2012, any felony that requires registration as a
3		sex offender under the Sex Offender Registration Act,
4		or a Class X felony or Class 1 felony that is not a
5		violation of the Cannabis Control Act, the Illinois
6		Controlled Substances Act, or the Methamphetamine
7		Control and Community Protection Act. Low level
8		supervision shall require the subject to check in with
9		the supervising officer via phone or other electronic
10		means. Notwithstanding this placement on low level
11		supervision, placement of the subject on electronic
12		monitoring or detention shall not occur unless it is
13		required by law or expressly ordered or approved by
14		the Prisoner Review Board.
15		(b) The Board may after making an individualized
16		assessment pursuant to subsection (a) of Section 3-14-2 in
17		addition to other conditions require that the subject:
18		(1) work or pursue a course of study or vocational
19		training;
20		(2) undergo medical or psychiatric treatment, or
21		treatment for drug addiction or alcoholism;
22		(3) attend or reside in a facility established for the
23		instruction or residence of persons on probation or
24		parole;
25		(4) support his or her dependents;
26		(5) (blank);

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1		(6) (blank);
2		(7) (blank);
3		(7.5) if convicted for an offense committed on or
4		after the effective date of this amendatory Act of the
5		95th General Assembly that would qualify the accused as a
6		child sex offender as defined in Section 11-9.3 or 11-9.4
7		of the Criminal Code of 1961 or the Criminal Code of 2012,
8		refrain from communicating with or contacting, by means of
9		the Internet, a person who is related to the accused and
10		whom the accused reasonably believes to be under 18 years
11		of age; for purposes of this paragraph (7.5), "Internet"
12		has the meaning ascribed to it in Section 16-0.1 of the
13		Criminal Code of 2012; and a person is related to the
14		accused if the person is: (i) the spouse, brother, or
15		sister of the accused; (ii) a descendant of the accused;
16		(iii) a first or second cousin of the accused; or (iv) a
17		step-child or adopted child of the accused;
18		(7.6) if convicted for an offense committed on or
19		after June 1, 2009 (the effective date of Public Act
20		95-983) that would qualify as a sex offense as defined in
21		the Sex Offender Registration Act:
22		(i) not access or use a computer or any other
23		device with Internet capability without the prior
24		written approval of the Department;
25		(ii) submit to periodic unannounced examinations
26		of the offender's computer or any other device with

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1		Internet capability by the offender's supervising
2		agent, a law enforcement officer, or assigned computer
3		or information technology specialist, including the
4		retrieval and copying of all data from the computer or
5		device and any internal or external peripherals and
6		removal of such information, equipment, or device to
7		conduct a more thorough inspection;
8		(iii) submit to the installation on the offender's
9		computer or device with Internet capability, at the
10		offender's expense, of one or more hardware or
11		software systems to monitor the Internet use; and
12		(iv) submit to any other appropriate restrictions
13		concerning the offender's use of or access to a
14		computer or any other device with Internet capability
15		imposed by the Board, the Department or the offender's
16		supervising agent; and
17		(8) (blank). in addition, if a minor:
18		(i) reside with his or her parents or in a foster
19		home;
20		(ii) attend school;
21		(iii) attend a non-residential program for youth;
22		or
23		(iv) contribute to his or her own support at home
24		or in a foster home.
25		(b-1) In addition to the conditions set forth in
26		subsections (a) and (b), persons required to register as sex

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1		offenders pursuant to the Sex Offender Registration Act, upon
2		release from the custody of the Illinois Department of
3		Corrections, may be required by the Board to comply with the
4		following specific conditions of release following an
5		individualized assessment pursuant to subsection (a) of
6		Section 3-14-2:
7		(1) reside only at a Department approved location;
8		(2) comply with all requirements of the Sex Offender
9		Registration Act;
10		(3) notify third parties of the risks that may be
11		occasioned by his or her criminal record;
12		(4) obtain the approval of an agent of the Department
13		of Corrections prior to accepting employment or pursuing a
14		course of study or vocational training and notify the
15		Department prior to any change in employment, study, or
16		training;
17		(5) not be employed or participate in any volunteer
18		activity that involves contact with children, except under
19		circumstances approved in advance and in writing by an
20		agent of the Department of Corrections;
21		(6) be electronically monitored for a minimum of 12
22		months from the date of release as determined by the
23		Board;
24		(7) refrain from entering into a designated geographic
25		area except upon terms approved in advance by an agent of
26		the Department of Corrections. The terms may include

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1		consideration of the purpose of the entry, the time of
2		day, and others accompanying the person;
3		(8) refrain from having any contact, including written
4		or oral communications, directly or indirectly, personally
5		or by telephone, letter, or through a third party with
6		certain specified persons including, but not limited to,
7		the victim or the victim's family without the prior
8		written approval of an agent of the Department of
9		Corrections;
10		(9) refrain from all contact, directly or indirectly,
11		personally, by telephone, letter, or through a third
12		party, with minor children without prior identification
13		and approval of an agent of the Department of Corrections;
14		(10) neither possess or have under his or her control
15		any material that is sexually oriented, sexually
16		stimulating, or that shows male or female sex organs or
17		any pictures depicting children under 18 years of age nude
18		or any written or audio material describing sexual
19		intercourse or that depicts or alludes to sexual activity,
20		including but not limited to visual, auditory, telephonic,
21		or electronic media, or any matter obtained through access
22		to any computer or material linked to computer access use;
23		(11) not patronize any business providing sexually
24		stimulating or sexually oriented entertainment nor utilize
25		"900" or adult telephone numbers;
26		(12) not reside near, visit, or be in or about parks,

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1		schools, day care centers, swimming pools, beaches,
2		theaters, or any other places where minor children
3		congregate without advance approval of an agent of the
4		Department of Corrections and immediately report any
5		incidental contact with minor children to the Department;
6		(13) not possess or have under his or her control
7		certain specified items of contraband related to the
8		incidence of sexually offending as determined by an agent
9		of the Department of Corrections;
10		(14) may be required to provide a written daily log of
11		activities if directed by an agent of the Department of
12		Corrections;
13		(15) comply with all other special conditions that the
14		Department may impose that restrict the person from
15		high-risk situations and limit access to potential
16		victims;
17		(16) take an annual polygraph exam;
18		(17) maintain a log of his or her travel; or
19		(18) obtain prior approval of his or her parole
20		officer before driving alone in a motor vehicle.
21		(c) The conditions under which the parole or mandatory
22		supervised release is to be served shall be communicated to
23		the person in writing prior to his or her release, and he or
24		she shall sign the same before release. A signed copy of these
25		conditions, including a copy of an order of protection where
26		one had been issued by the criminal court, shall be retained by

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1		the person and another copy forwarded to the officer in charge
2		of his or her supervision.
3		(d) After a hearing under Section 3-3-9, the Prisoner
4		Review Board may modify or enlarge the conditions of parole or
5		mandatory supervised release.
6		(e) The Department shall inform all offenders committed to
7		the Department of the optional services available to them upon
8		release and shall assist inmates in availing themselves of
9		such optional services upon their release on a voluntary
10		basis.
11		(f) (Blank).
12		(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
13		100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
14		(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
15		Sec. 3-3-8. Length of parole and mandatory supervised
16		release; discharge.
17		(a) The length of parole for a person sentenced under the
18		law in effect prior to the effective date of this amendatory
19		Act of 1977 and the length of mandatory supervised release for
20		those sentenced under the law in effect on and after such
21		effective date shall be as set out in Section 5-8-1 unless
22		sooner terminated under paragraph (b) of this Section.
23		(b) The Prisoner Review Board may enter an order releasing
24		and discharging one from parole or mandatory supervised
25		release, and his or her commitment to the Department, when it

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1		determines that he or she is likely to remain at liberty
2		without committing another offense.
3		(b-1) Provided that the subject is in compliance with the
4		terms and conditions of his or her parole or mandatory
5		supervised release, the Prisoner Review Board shall may reduce
6		the period of a parolee or releasee's parole or mandatory
7		supervised release by 90 days upon the parolee or releasee
8		receiving a high school diploma, associate's degree,
9		bachelor's degree, career certificate, or vocational technical
10		certification or upon passage of high school equivalency
11		testing during the period of his or her parole or mandatory
12		supervised release. A parolee or releasee shall provide
13		documentation from the educational institution or the source
14		of the qualifying educational or vocational credential to
15		their supervising officer for verification. Each This
16		reduction in the period of a subject's term of parole or
17		mandatory supervised release shall be available only to
18		subjects who have not previously earned the relevant
19		credential for which they are receiving the reduction a high
20		school diploma or who have not previously passed high school
21		equivalency testing. As used in this Section, "career
22		certificate" means a certificate awarded by an institution for
23		satisfactory completion of a prescribed curriculum that is
24		intended to prepare an individual for employment in a specific
25		field.
26		(b-2) The Prisoner Review Board may release a low-risk and

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1		need subject person from mandatory supervised release as
2		determined by an appropriate evidence-based risk and need
3		assessment.
4		(c) The order of discharge shall become effective upon
5		entry of the order of the Board. The Board shall notify the
6		clerk of the committing court of the order. Upon receipt of
7		such copy, the clerk shall make an entry on the record judgment
8		that the sentence or commitment has been satisfied pursuant to
9		the order.
10		(d) Rights of the person discharged under this Section
11		shall be restored under Section 5-5-5.
12		(e) Upon a denial of early discharge under this Section,
13		the Prisoner Review Board shall provide the person on parole
14		or mandatory supervised release a list of steps or
15		requirements that the person must complete or meet to be
16		granted an early discharge at a subsequent review and share
17		the process for seeking a subsequent early discharge review
18		under this subsection. Upon the completion of such steps or
19		requirements, the person on parole or mandatory supervised
20		release may petition the Prisoner Review Board to grant them
21		an early discharge review. Within no more than 30 days of a
22		petition under this subsection, the Prisoner Review Board
23		shall review the petition and make a determination.
24		(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3,
25		eff. 1-1-18.)

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1		(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
2		Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
3		Release and Release by Statute.
4		(a) The Department shall retain custody of all persons
5		placed on parole or mandatory supervised release or released
6		pursuant to Section 3-3-10 of this Code and shall supervise
7		such persons during their parole or release period in accord
8		with the conditions set by the Prisoner Review Board. When
9		setting conditions, the Prisoner Review Board shall make an
10		individualized assessment as to what conditions are
11		appropriate based on the risk and needs assessment, program
12		participation and completion, assignment history while
13		incarcerated, and behavior history during the period of the
14		incarceration and involve only such deprivations of liberty or
15		property as are reasonably necessary to protect the public
16		from the person's conduct in the underlying conviction or
17		violation. In determining conditions, the Prisoner Review
18		Board shall also consider the reasonableness of imposing
19		additional conditions on the person and the extent to which
20		the conditions impact the person's work, education, community
21		service, financial, and family caregiving obligations. Such
22		conditions shall include referral to an alcohol or drug abuse
23		treatment program, as appropriate, if such person has
24		previously been identified as having an alcohol or drug abuse
25		problem. Such conditions may include that the person use an
26		approved electronic monitoring device subject to Article 8A of

SB0423 Engrossed - 21 - LRB103 02875 RLC 47881 b
1		Chapter V.
2		(b) The Department shall assign personnel to assist
3		persons eligible for parole in preparing a parole plan. Such
4		Department personnel shall make a report of their efforts and
5		findings to the Prisoner Review Board prior to its
6		consideration of the case of such eligible person.
7		(c) A copy of the conditions of his parole or release shall
8		be signed by the parolee or releasee and given to him and to
9		his supervising officer who shall report on his progress under
10		the rules and regulations of the Prisoner Review Board. The
11		supervising officer shall report violations to the Prisoner
12		Review Board and shall have the full power of peace officers in
13		the arrest and retaking of any parolees or releasees or the
14		officer may request the Department to issue a warrant for the
15		arrest of any parolee or releasee who has allegedly violated
16		his parole or release conditions.
17		(c-1) The supervising officer shall request the Department
18		to issue a parole violation warrant, and the Department shall
19		issue a parole violation warrant, under the following
20		circumstances:
21		(1) if the parolee or releasee commits an act that
22		constitutes a felony using a firearm or knife,
23		(2) if applicable, fails to comply with the
24		requirements of the Sex Offender Registration Act,
25		(3) if the parolee or releasee is charged with:
26		(A) a felony offense of domestic battery under

SB0423 Engrossed - 22 - LRB103 02875 RLC 47881 b
1		Section 12-3.2 of the Criminal Code of 1961 or the
2		Criminal Code of 2012,
3		(B) aggravated domestic battery under Section
4		12-3.3 of the Criminal Code of 1961 or the Criminal
5		Code of 2012,
6		(C) stalking under Section 12-7.3 of the Criminal
7		Code of 1961 or the Criminal Code of 2012,
8		(D) aggravated stalking under Section 12-7.4 of
9		the Criminal Code of 1961 or the Criminal Code of 2012,
10		(E) violation of an order of protection under
11		Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12		the Criminal Code of 2012, or
13		(F) any offense that would require registration as
14		a sex offender under the Sex Offender Registration
15		Act, or
16		(4) if the parolee or releasee is on parole or
17		mandatory supervised release for a murder, a Class X
18		felony or a Class 1 felony violation of the Criminal Code
19		of 1961 or the Criminal Code of 2012, or any felony that
20		requires registration as a sex offender under the Sex
21		Offender Registration Act and commits an act that
22		constitutes first degree murder, a Class X felony, a Class
23		1 felony, a Class 2 felony, or a Class 3 felony.
24		A sheriff or other peace officer may detain an alleged
25		parole or release violator until a warrant for his return to
26		the Department can be issued. The parolee or releasee may be

SB0423 Engrossed - 23 - LRB103 02875 RLC 47881 b
1		delivered to any secure place until he can be transported to
2		the Department. The officer or the Department shall file a
3		violation report with notice of charges with the Prisoner
4		Review Board.
5		(d) The supervising officer shall regularly advise and
6		consult with the parolee or releasee, assist him in adjusting
7		to community life, inform him of the restoration of his rights
8		on successful completion of sentence under Section 5-5-5, and
9		provide the parolee or releasee with an electronic copy of the
10		Department of Corrections system of graduated responses as set
11		forth under subparagraph (D) of paragraph (1) of subsection
12		(b) of Section 10 of the Illinois Crime Reduction Act of 2009
13		and any sanctions matrix based on that system. If the parolee
14		or releasee has been convicted of a sex offense as defined in
15		the Sex Offender Management Board Act, the supervising officer
16		shall periodically, but not less than once a month, verify
17		that the parolee or releasee is in compliance with paragraph
18		(7.6) of subsection (a) of Section 3-3-7.
19		(d-1) At least once every 3 months, the supervising
20		officer of a parolee or releasee shall review the case of the
21		parolee or releasee to assess the parolee's or releasee's
22		progress and suitability for early discharge under subsection
23		(b) of Section 3-3-8 and provide a recommendation for either
24		early discharge or the continuation of parole or mandatory
25		supervised release as previously ordered. The recommendation
26		and the rationale for the recommendation shall be noted in the

SB0423 Engrossed - 24 - LRB103 02875 RLC 47881 b
1		Department's case management system. Within 15 days of
2		receiving the supervising officer's recommendation, the
3		Department shall provide a copy of the final recommendation,
4		in writing or electronically, to the Prisoner Review Board and
5		to the parolee or releasee. If an early discharge
6		recommendation was not provided, the supervising officer shall
7		share the list of steps or requirements that the person must
8		complete or meet to be granted an early discharge
9		recommendation at a subsequent review under agency guidelines.
10		The Department shall develop guidelines and policies to
11		support the regular review of parolees and releasees for early
12		discharge consideration and the timely notification of the
13		Prisoner Review Board when early discharge is recommended.
14		(d-2) Supervising officers shall schedule meetings, which
15		are required under paragraph (3) of subsection (a) of Section
16		3-3-7 as a condition of parole or mandatory supervised
17		release, at such times and locations that take into
18		consideration the medical needs, caregiving obligations, and
19		work schedule of a parolee or releasee.
20		(d-3) To comply with the provisions of subsection (d-2),
21		in lieu of requiring the parolee or releasee to appear in
22		person for the required reporting or meetings, supervising
23		officers may utilize technology, including cellular and other
24		electronic communication devices or platforms, that allows for
25		communication between the supervised individual and the
26		supervising officer.

SB0423 Engrossed - 25 - LRB103 02875 RLC 47881 b
1		(e) Supervising officers shall receive specialized
2		training in the special needs of female releasees or parolees
3		including the family reunification process.
4		(f) The supervising officer shall keep such records as the
5		Prisoner Review Board or Department may require. All records
6		shall be entered in the master file of the individual.
7		(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
8		97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
9		(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
10		Sec. 5-6-3. Conditions of probation and of conditional
11		discharge.
12		(a) The conditions of probation and of conditional
13		discharge shall be that the person:
14		(1) not violate any criminal statute of any
15		jurisdiction;
16		(2) report to or appear in person before such person
17		or agency as directed by the court. To comply with the
18		provisions of this paragraph (2), in lieu of requiring the
19		person on probation or conditional discharge to appear in
20		person for the required reporting or meetings, the officer
21		may utilize technology, including cellular and other
22		electronic communication devices or platforms, that allow
23		for communication between the supervised person and the
24		officer in accordance with standards and guidelines
25		established by the Administrative Office of the Illinois

SB0423 Engrossed - 26 - LRB103 02875 RLC 47881 b
1		Courts;
2		(3) refrain from possessing a firearm or other
3		dangerous weapon where the offense is a felony or, if a
4		misdemeanor, the offense involved the intentional or
5		knowing infliction of bodily harm or threat of bodily
6		harm;
7		(4) not leave the State without the consent of the
8		court or, in circumstances in which the reason for the
9		absence is of such an emergency nature that prior consent
10		by the court is not possible, without the prior
11		notification and approval of the person's probation
12		officer. Transfer of a person's probation or conditional
13		discharge supervision to another state is subject to
14		acceptance by the other state pursuant to the Interstate
15		Compact for Adult Offender Supervision;
16		(5) permit the probation officer to visit him at his
17		home or elsewhere to the extent necessary to discharge his
18		duties;
19		(6) perform no less than 30 hours of community service
20		and not more than 120 hours of community service, if
21		community service is available in the jurisdiction and is
22		funded and approved by the county board where the offense
23		was committed, where the offense was related to or in
24		furtherance of the criminal activities of an organized
25		gang and was motivated by the offender's membership in or
26		allegiance to an organized gang. The community service

SB0423 Engrossed - 27 - LRB103 02875 RLC 47881 b
1		shall include, but not be limited to, the cleanup and
2		repair of any damage caused by a violation of Section
3		21-1.3 of the Criminal Code of 1961 or the Criminal Code of
4		2012 and similar damage to property located within the
5		municipality or county in which the violation occurred.
6		When possible and reasonable, the community service should
7		be performed in the offender's neighborhood. For purposes
8		of this Section, "organized gang" has the meaning ascribed
9		to it in Section 10 of the Illinois Streetgang Terrorism
10		Omnibus Prevention Act. The court may give credit toward
11		the fulfillment of community service hours for
12		participation in activities and treatment as determined by
13		court services;
14		(7) if he or she is at least 17 years of age and has
15		been sentenced to probation or conditional discharge for a
16		misdemeanor or felony in a county of 3,000,000 or more
17		inhabitants and has not been previously convicted of a
18		misdemeanor or felony, may be required by the sentencing
19		court to attend educational courses designed to prepare
20		the defendant for a high school diploma and to work toward
21		a high school diploma or to work toward passing high
22		school equivalency testing or to work toward completing a
23		vocational training program approved by the court. The
24		person on probation or conditional discharge must attend a
25		public institution of education to obtain the educational
26		or vocational training required by this paragraph (7). The

SB0423 Engrossed - 28 - LRB103 02875 RLC 47881 b
1		court shall revoke the probation or conditional discharge
2		of a person who willfully fails to comply with this
3		paragraph (7). The person on probation or conditional
4		discharge shall be required to pay for the cost of the
5		educational courses or high school equivalency testing if
6		a fee is charged for those courses or testing. The court
7		shall resentence the offender whose probation or
8		conditional discharge has been revoked as provided in
9		Section 5-6-4. This paragraph (7) does not apply to a
10		person who has a high school diploma or has successfully
11		passed high school equivalency testing. This paragraph (7)
12		does not apply to a person who is determined by the court
13		to be a person with a developmental disability or
14		otherwise mentally incapable of completing the educational
15		or vocational program;
16		(8) if convicted of possession of a substance
17		prohibited by the Cannabis Control Act, the Illinois
18		Controlled Substances Act, or the Methamphetamine Control
19		and Community Protection Act after a previous conviction
20		or disposition of supervision for possession of a
21		substance prohibited by the Cannabis Control Act or
22		Illinois Controlled Substances Act or after a sentence of
23		probation under Section 10 of the Cannabis Control Act,
24		Section 410 of the Illinois Controlled Substances Act, or
25		Section 70 of the Methamphetamine Control and Community
26		Protection Act and upon a finding by the court that the

SB0423 Engrossed - 29 - LRB103 02875 RLC 47881 b
1		person is addicted, undergo treatment at a substance abuse
2		program approved by the court;
3		(8.5) if convicted of a felony sex offense as defined
4		in the Sex Offender Management Board Act, the person shall
5		undergo and successfully complete sex offender treatment
6		by a treatment provider approved by the Board and
7		conducted in conformance with the standards developed
8		under the Sex Offender Management Board Act;
9		(8.6) if convicted of a sex offense as defined in the
10		Sex Offender Management Board Act, refrain from residing
11		at the same address or in the same condominium unit or
12		apartment unit or in the same condominium complex or
13		apartment complex with another person he or she knows or
14		reasonably should know is a convicted sex offender or has
15		been placed on supervision for a sex offense; the
16		provisions of this paragraph do not apply to a person
17		convicted of a sex offense who is placed in a Department of
18		Corrections licensed transitional housing facility for sex
19		offenders;
20		(8.7) if convicted for an offense committed on or
21		after June 1, 2008 (the effective date of Public Act
22		95-464) that would qualify the accused as a child sex
23		offender as defined in Section 11-9.3 or 11-9.4 of the
24		Criminal Code of 1961 or the Criminal Code of 2012,
25		refrain from communicating with or contacting, by means of
26		the Internet, a person who is not related to the accused

SB0423 Engrossed - 30 - LRB103 02875 RLC 47881 b
1		and whom the accused reasonably believes to be under 18
2		years of age; for purposes of this paragraph (8.7),
3		"Internet" has the meaning ascribed to it in Section
4		16-0.1 of the Criminal Code of 2012; and a person is not
5		related to the accused if the person is not: (i) the
6		spouse, brother, or sister of the accused; (ii) a
7		descendant of the accused; (iii) a first or second cousin
8		of the accused; or (iv) a step-child or adopted child of
9		the accused;
10		(8.8) if convicted for an offense under Section 11-6,
11		11-9.1, 11-14.4 that involves soliciting for a juvenile
12		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
13		of the Criminal Code of 1961 or the Criminal Code of 2012,
14		or any attempt to commit any of these offenses, committed
15		on or after June 1, 2009 (the effective date of Public Act
16		95-983):
17		(i) not access or use a computer or any other
18		device with Internet capability without the prior
19		written approval of the offender's probation officer,
20		except in connection with the offender's employment or
21		search for employment with the prior approval of the
22		offender's probation officer;
23		(ii) submit to periodic unannounced examinations
24		of the offender's computer or any other device with
25		Internet capability by the offender's probation
26		officer, a law enforcement officer, or assigned

SB0423 Engrossed - 31 - LRB103 02875 RLC 47881 b
1		computer or information technology specialist,
2		including the retrieval and copying of all data from
3		the computer or device and any internal or external
4		peripherals and removal of such information,
5		equipment, or device to conduct a more thorough
6		inspection;
7		(iii) submit to the installation on the offender's
8		computer or device with Internet capability, at the
9		offender's expense, of one or more hardware or
10		software systems to monitor the Internet use; and
11		(iv) submit to any other appropriate restrictions
12		concerning the offender's use of or access to a
13		computer or any other device with Internet capability
14		imposed by the offender's probation officer;
15		(8.9) if convicted of a sex offense as defined in the
16		Sex Offender Registration Act committed on or after
17		January 1, 2010 (the effective date of Public Act 96-262),
18		refrain from accessing or using a social networking
19		website as defined in Section 17-0.5 of the Criminal Code
20		of 2012;
21		(9) if convicted of a felony or of any misdemeanor
22		violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
23		12-3.5 of the Criminal Code of 1961 or the Criminal Code of
24		2012 that was determined, pursuant to Section 112A-11.1 of
25		the Code of Criminal Procedure of 1963, to trigger the
26		prohibitions of 18 U.S.C. 922(g)(9), physically surrender

SB0423 Engrossed - 32 - LRB103 02875 RLC 47881 b
1		at a time and place designated by the court, his or her
2		Firearm Owner's Identification Card and any and all
3		firearms in his or her possession. The Court shall return
4		to the Illinois State Police Firearm Owner's
5		Identification Card Office the person's Firearm Owner's
6		Identification Card;
7		(10) if convicted of a sex offense as defined in
8		subsection (a-5) of Section 3-1-2 of this Code, unless the
9		offender is a parent or guardian of the person under 18
10		years of age present in the home and no non-familial
11		minors are present, not participate in a holiday event
12		involving children under 18 years of age, such as
13		distributing candy or other items to children on
14		Halloween, wearing a Santa Claus costume on or preceding
15		Christmas, being employed as a department store Santa
16		Claus, or wearing an Easter Bunny costume on or preceding
17		Easter;
18		(11) if convicted of a sex offense as defined in
19		Section 2 of the Sex Offender Registration Act committed
20		on or after January 1, 2010 (the effective date of Public
21		Act 96-362) that requires the person to register as a sex
22		offender under that Act, may not knowingly use any
23		computer scrub software on any computer that the sex
24		offender uses;
25		(12) if convicted of a violation of the
26		Methamphetamine Control and Community Protection Act, the

SB0423 Engrossed - 33 - LRB103 02875 RLC 47881 b
1		Methamphetamine Precursor Control Act, or a
2		methamphetamine related offense:
3		(A) prohibited from purchasing, possessing, or
4		having under his or her control any product containing
5		pseudoephedrine unless prescribed by a physician; and
6		(B) prohibited from purchasing, possessing, or
7		having under his or her control any product containing
8		ammonium nitrate; and
9		(13) if convicted of a hate crime involving the
10		protected class identified in subsection (a) of Section
11		12-7.1 of the Criminal Code of 2012 that gave rise to the
12		offense the offender committed, perform public or
13		community service of no less than 200 hours and enroll in
14		an educational program discouraging hate crimes that
15		includes racial, ethnic, and cultural sensitivity training
16		ordered by the court.
17		(b) The Court may in addition to other reasonable
18		conditions relating to the nature of the offense or the
19		rehabilitation of the defendant as determined for each
20		defendant in the proper discretion of the Court require that
21		the person:
22		(1) serve a term of periodic imprisonment under
23		Article 7 for a period not to exceed that specified in
24		paragraph (d) of Section 5-7-1;
25		(2) pay a fine and costs;
26		(3) work or pursue a course of study or vocational

SB0423 Engrossed - 34 - LRB103 02875 RLC 47881 b
1		training;
2		(4) undergo medical, psychological or psychiatric
3		treatment; or treatment for drug addiction or alcoholism;
4		(5) attend or reside in a facility established for the
5		instruction or residence of defendants on probation;
6		(6) support his dependents;
7		(7) and in addition, if a minor:
8		(i) reside with his parents or in a foster home;
9		(ii) attend school;
10		(iii) attend a non-residential program for youth;
11		(iv) contribute to his own support at home or in a
12		foster home;
13		(v) with the consent of the superintendent of the
14		facility, attend an educational program at a facility
15		other than the school in which the offense was
16		committed if he or she is convicted of a crime of
17		violence as defined in Section 2 of the Crime Victims
18		Compensation Act committed in a school, on the real
19		property comprising a school, or within 1,000 feet of
20		the real property comprising a school;
21		(8) make restitution as provided in Section 5-5-6 of
22		this Code;
23		(9) perform some reasonable public or community
24		service;
25		(10) serve a term of home confinement. In addition to
26		any other applicable condition of probation or conditional

SB0423 Engrossed - 35 - LRB103 02875 RLC 47881 b
1		discharge, the conditions of home confinement shall be
2		that the offender:
3		(i) remain within the interior premises of the
4		place designated for his confinement during the hours
5		designated by the court;
6		(ii) admit any person or agent designated by the
7		court into the offender's place of confinement at any
8		time for purposes of verifying the offender's
9		compliance with the conditions of his confinement; and
10		(iii) if further deemed necessary by the court or
11		the Probation or Court Services Department, be placed
12		on an approved electronic monitoring device, subject
13		to Article 8A of Chapter V;
14		(iv) for persons convicted of any alcohol,
15		cannabis or controlled substance violation who are
16		placed on an approved monitoring device as a condition
17		of probation or conditional discharge, the court shall
18		impose a reasonable fee for each day of the use of the
19		device, as established by the county board in
20		subsection (g) of this Section, unless after
21		determining the inability of the offender to pay the
22		fee, the court assesses a lesser fee or no fee as the
23		case may be. This fee shall be imposed in addition to
24		the fees imposed under subsections (g) and (i) of this
25		Section. The fee shall be collected by the clerk of the
26		circuit court, except as provided in an administrative

SB0423 Engrossed - 36 - LRB103 02875 RLC 47881 b
1		order of the Chief Judge of the circuit court. The
2		clerk of the circuit court shall pay all monies
3		collected from this fee to the county treasurer for
4		deposit in the substance abuse services fund under
5		Section 5-1086.1 of the Counties Code, except as
6		provided in an administrative order of the Chief Judge
7		of the circuit court.
8		The Chief Judge of the circuit court of the county
9		may by administrative order establish a program for
10		electronic monitoring of offenders, in which a vendor
11		supplies and monitors the operation of the electronic
12		monitoring device, and collects the fees on behalf of
13		the county. The program shall include provisions for
14		indigent offenders and the collection of unpaid fees.
15		The program shall not unduly burden the offender and
16		shall be subject to review by the Chief Judge.
17		The Chief Judge of the circuit court may suspend
18		any additional charges or fees for late payment,
19		interest, or damage to any device; and
20		(v) for persons convicted of offenses other than
21		those referenced in clause (iv) above and who are
22		placed on an approved monitoring device as a condition
23		of probation or conditional discharge, the court shall
24		impose a reasonable fee for each day of the use of the
25		device, as established by the county board in
26		subsection (g) of this Section, unless after

SB0423 Engrossed - 37 - LRB103 02875 RLC 47881 b
1		determining the inability of the defendant to pay the
2		fee, the court assesses a lesser fee or no fee as the
3		case may be. This fee shall be imposed in addition to
4		the fees imposed under subsections (g) and (i) of this
5		Section. The fee shall be collected by the clerk of the
6		circuit court, except as provided in an administrative
7		order of the Chief Judge of the circuit court. The
8		clerk of the circuit court shall pay all monies
9		collected from this fee to the county treasurer who
10		shall use the monies collected to defray the costs of
11		corrections. The county treasurer shall deposit the
12		fee collected in the probation and court services
13		fund. The Chief Judge of the circuit court of the
14		county may by administrative order establish a program
15		for electronic monitoring of offenders, in which a
16		vendor supplies and monitors the operation of the
17		electronic monitoring device, and collects the fees on
18		behalf of the county. The program shall include
19		provisions for indigent offenders and the collection
20		of unpaid fees. The program shall not unduly burden
21		the offender and shall be subject to review by the
22		Chief Judge.
23		The Chief Judge of the circuit court may suspend
24		any additional charges or fees for late payment,
25		interest, or damage to any device.
26		(11) comply with the terms and conditions of an order

SB0423 Engrossed - 38 - LRB103 02875 RLC 47881 b
1		of protection issued by the court pursuant to the Illinois
2		Domestic Violence Act of 1986, as now or hereafter
3		amended, or an order of protection issued by the court of
4		another state, tribe, or United States territory. A copy
5		of the order of protection shall be transmitted to the
6		probation officer or agency having responsibility for the
7		case;
8		(12) reimburse any "local anti-crime program" as
9		defined in Section 7 of the Anti-Crime Advisory Council
10		Act for any reasonable expenses incurred by the program on
11		the offender's case, not to exceed the maximum amount of
12		the fine authorized for the offense for which the
13		defendant was sentenced;
14		(13) contribute a reasonable sum of money, not to
15		exceed the maximum amount of the fine authorized for the
16		offense for which the defendant was sentenced, (i) to a
17		"local anti-crime program", as defined in Section 7 of the
18		Anti-Crime Advisory Council Act, or (ii) for offenses
19		under the jurisdiction of the Department of Natural
20		Resources, to the fund established by the Department of
21		Natural Resources for the purchase of evidence for
22		investigation purposes and to conduct investigations as
23		outlined in Section 805-105 of the Department of Natural
24		Resources (Conservation) Law;
25		(14) refrain from entering into a designated
26		geographic area except upon such terms as the court finds

SB0423 Engrossed - 39 - LRB103 02875 RLC 47881 b
1		appropriate. Such terms may include consideration of the
2		purpose of the entry, the time of day, other persons
3		accompanying the defendant, and advance approval by a
4		probation officer, if the defendant has been placed on
5		probation or advance approval by the court, if the
6		defendant was placed on conditional discharge;
7		(15) refrain from having any contact, directly or
8		indirectly, with certain specified persons or particular
9		types of persons, including but not limited to members of
10		street gangs and drug users or dealers;
11		(16) refrain from having in his or her body the
12		presence of any illicit drug prohibited by the Cannabis
13		Control Act, the Illinois Controlled Substances Act, or
14		the Methamphetamine Control and Community Protection Act,
15		unless prescribed by a physician, and submit samples of
16		his or her blood or urine or both for tests to determine
17		the presence of any illicit drug;
18		(17) if convicted for an offense committed on or after
19		June 1, 2008 (the effective date of Public Act 95-464)
20		that would qualify the accused as a child sex offender as
21		defined in Section 11-9.3 or 11-9.4 of the Criminal Code
22		of 1961 or the Criminal Code of 2012, refrain from
23		communicating with or contacting, by means of the
24		Internet, a person who is related to the accused and whom
25		the accused reasonably believes to be under 18 years of
26		age; for purposes of this paragraph (17), "Internet" has

SB0423 Engrossed - 40 - LRB103 02875 RLC 47881 b
1		the meaning ascribed to it in Section 16-0.1 of the
2		Criminal Code of 2012; and a person is related to the
3		accused if the person is: (i) the spouse, brother, or
4		sister of the accused; (ii) a descendant of the accused;
5		(iii) a first or second cousin of the accused; or (iv) a
6		step-child or adopted child of the accused;
7		(18) if convicted for an offense committed on or after
8		June 1, 2009 (the effective date of Public Act 95-983)
9		that would qualify as a sex offense as defined in the Sex
10		Offender Registration Act:
11		(i) not access or use a computer or any other
12		device with Internet capability without the prior
13		written approval of the offender's probation officer,
14		except in connection with the offender's employment or
15		search for employment with the prior approval of the
16		offender's probation officer;
17		(ii) submit to periodic unannounced examinations
18		of the offender's computer or any other device with
19		Internet capability by the offender's probation
20		officer, a law enforcement officer, or assigned
21		computer or information technology specialist,
22		including the retrieval and copying of all data from
23		the computer or device and any internal or external
24		peripherals and removal of such information,
25		equipment, or device to conduct a more thorough
26		inspection;

SB0423 Engrossed - 41 - LRB103 02875 RLC 47881 b
1		(iii) submit to the installation on the offender's
2		computer or device with Internet capability, at the
3		subject's expense, of one or more hardware or software
4		systems to monitor the Internet use; and
5		(iv) submit to any other appropriate restrictions
6		concerning the offender's use of or access to a
7		computer or any other device with Internet capability
8		imposed by the offender's probation officer; and
9		(19) refrain from possessing a firearm or other
10		dangerous weapon where the offense is a misdemeanor that
11		did not involve the intentional or knowing infliction of
12		bodily harm or threat of bodily harm.
13		(c) The court may as a condition of probation or of
14		conditional discharge require that a person under 18 years of
15		age found guilty of any alcohol, cannabis or controlled
16		substance violation, refrain from acquiring a driver's license
17		during the period of probation or conditional discharge. If
18		such person is in possession of a permit or license, the court
19		may require that the minor refrain from driving or operating
20		any motor vehicle during the period of probation or
21		conditional discharge, except as may be necessary in the
22		course of the minor's lawful employment.
23		(d) An offender sentenced to probation or to conditional
24		discharge shall be given a certificate setting forth the
25		conditions thereof.
26		(e) Except where the offender has committed a fourth or

SB0423 Engrossed - 42 - LRB103 02875 RLC 47881 b
1		subsequent violation of subsection (c) of Section 6-303 of the
2		Illinois Vehicle Code, the court shall not require as a
3		condition of the sentence of probation or conditional
4		discharge that the offender be committed to a period of
5		imprisonment in excess of 6 months. This 6-month limit shall
6		not include periods of confinement given pursuant to a
7		sentence of county impact incarceration under Section 5-8-1.2.
8		Persons committed to imprisonment as a condition of
9		probation or conditional discharge shall not be committed to
10		the Department of Corrections.
11		(f) The court may combine a sentence of periodic
12		imprisonment under Article 7 or a sentence to a county impact
13		incarceration program under Article 8 with a sentence of
14		probation or conditional discharge.
15		(g) An offender sentenced to probation or to conditional
16		discharge and who during the term of either undergoes
17		mandatory drug or alcohol testing, or both, or is assigned to
18		be placed on an approved electronic monitoring device, shall
19		be ordered to pay all costs incidental to such mandatory drug
20		or alcohol testing, or both, and all costs incidental to such
21		approved electronic monitoring in accordance with the
22		defendant's ability to pay those costs. The county board with
23		the concurrence of the Chief Judge of the judicial circuit in
24		which the county is located shall establish reasonable fees
25		for the cost of maintenance, testing, and incidental expenses
26		related to the mandatory drug or alcohol testing, or both, and

SB0423 Engrossed - 43 - LRB103 02875 RLC 47881 b
1		all costs incidental to approved electronic monitoring,
2		involved in a successful probation program for the county. The
3		concurrence of the Chief Judge shall be in the form of an
4		administrative order. The fees shall be collected by the clerk
5		of the circuit court, except as provided in an administrative
6		order of the Chief Judge of the circuit court. The clerk of the
7		circuit court shall pay all moneys collected from these fees
8		to the county treasurer who shall use the moneys collected to
9		defray the costs of drug testing, alcohol testing, and
10		electronic monitoring. The county treasurer shall deposit the
11		fees collected in the county working cash fund under Section
12		6-27001 or Section 6-29002 of the Counties Code, as the case
13		may be. The Chief Judge of the circuit court of the county may
14		by administrative order establish a program for electronic
15		monitoring of offenders, in which a vendor supplies and
16		monitors the operation of the electronic monitoring device,
17		and collects the fees on behalf of the county. The program
18		shall include provisions for indigent offenders and the
19		collection of unpaid fees. The program shall not unduly burden
20		the offender and shall be subject to review by the Chief Judge.
21		The Chief Judge of the circuit court may suspend any
22		additional charges or fees for late payment, interest, or
23		damage to any device.
24		(h) Jurisdiction over an offender may be transferred from
25		the sentencing court to the court of another circuit with the
26		concurrence of both courts. Further transfers or retransfers

SB0423 Engrossed - 44 - LRB103 02875 RLC 47881 b
1		of jurisdiction are also authorized in the same manner. The
2		court to which jurisdiction has been transferred shall have
3		the same powers as the sentencing court. The probation
4		department within the circuit to which jurisdiction has been
5		transferred, or which has agreed to provide supervision, may
6		impose probation fees upon receiving the transferred offender,
7		as provided in subsection (i). For all transfer cases, as
8		defined in Section 9b of the Probation and Probation Officers
9		Act, the probation department from the original sentencing
10		court shall retain all probation fees collected prior to the
11		transfer. After the transfer, all probation fees shall be paid
12		to the probation department within the circuit to which
13		jurisdiction has been transferred.
14		(i) The court shall impose upon an offender sentenced to
15		probation after January 1, 1989 or to conditional discharge
16		after January 1, 1992 or to community service under the
17		supervision of a probation or court services department after
18		January 1, 2004, as a condition of such probation or
19		conditional discharge or supervised community service, a fee
20		of $50 for each month of probation or conditional discharge
21		supervision or supervised community service ordered by the
22		court, unless after determining the inability of the person
23		sentenced to probation or conditional discharge or supervised
24		community service to pay the fee, the court assesses a lesser
25		fee. The court may not impose the fee on a minor who is placed
26		in the guardianship or custody of the Department of Children

SB0423 Engrossed - 45 - LRB103 02875 RLC 47881 b
1		and Family Services under the Juvenile Court Act of 1987 while
2		the minor is in placement. The fee shall be imposed only upon
3		an offender who is actively supervised by the probation and
4		court services department. The fee shall be collected by the
5		clerk of the circuit court. The clerk of the circuit court
6		shall pay all monies collected from this fee to the county
7		treasurer for deposit in the probation and court services fund
8		under Section 15.1 of the Probation and Probation Officers
9		Act.
10		A circuit court may not impose a probation fee under this
11		subsection (i) in excess of $25 per month unless the circuit
12		court has adopted, by administrative order issued by the chief
13		judge, a standard probation fee guide determining an
14		offender's ability to pay. Of the amount collected as a
15		probation fee, up to $5 of that fee collected per month may be
16		used to provide services to crime victims and their families.
17		The Court may only waive probation fees based on an
18		offender's ability to pay. The probation department may
19		re-evaluate an offender's ability to pay every 6 months, and,
20		with the approval of the Director of Court Services or the
21		Chief Probation Officer, adjust the monthly fee amount. An
22		offender may elect to pay probation fees due in a lump sum. Any
23		offender that has been assigned to the supervision of a
24		probation department, or has been transferred either under
25		subsection (h) of this Section or under any interstate
26		compact, shall be required to pay probation fees to the

SB0423 Engrossed - 46 - LRB103 02875 RLC 47881 b
1		department supervising the offender, based on the offender's
2		ability to pay.
3		Public Act 93-970 deletes the $10 increase in the fee
4		under this subsection that was imposed by Public Act 93-616.
5		This deletion is intended to control over any other Act of the
6		93rd General Assembly that retains or incorporates that fee
7		increase.
8		(i-5) In addition to the fees imposed under subsection (i)
9		of this Section, in the case of an offender convicted of a
10		felony sex offense (as defined in the Sex Offender Management
11		Board Act) or an offense that the court or probation
12		department has determined to be sexually motivated (as defined
13		in the Sex Offender Management Board Act), the court or the
14		probation department shall assess additional fees to pay for
15		all costs of treatment, assessment, evaluation for risk and
16		treatment, and monitoring the offender, based on that
17		offender's ability to pay those costs either as they occur or
18		under a payment plan.
19		(j) All fines and costs imposed under this Section for any
20		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21		Code, or a similar provision of a local ordinance, and any
22		violation of the Child Passenger Protection Act, or a similar
23		provision of a local ordinance, shall be collected and
24		disbursed by the circuit clerk as provided under the Criminal
25		and Traffic Assessment Act.
26		(k) Any offender who is sentenced to probation or

SB0423 Engrossed - 47 - LRB103 02875 RLC 47881 b
1		conditional discharge for a felony sex offense as defined in
2		the Sex Offender Management Board Act or any offense that the
3		court or probation department has determined to be sexually
4		motivated as defined in the Sex Offender Management Board Act
5		shall be required to refrain from any contact, directly or
6		indirectly, with any persons specified by the court and shall
7		be available for all evaluations and treatment programs
8		required by the court or the probation department.
9		(l) The court may order an offender who is sentenced to
10		probation or conditional discharge for a violation of an order
11		of protection be placed under electronic surveillance as
12		provided in Section 5-8A-7 of this Code.
13		(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
14		Section 10. The Illinois Crime Reduction Act of 2009 is
15		amended by changing Section 10 as follows:
16		(730 ILCS 190/10)
17		Sec. 10. Evidence-based programming.
18		(a) Purpose. Research and practice have identified new
19		strategies and policies that can result in a significant
20		reduction in recidivism rates and the successful local
21		reintegration of offenders. The purpose of this Section is to
22		ensure that State and local agencies direct their resources to
23		services and programming that have been demonstrated to be
24		effective in reducing recidivism and reintegrating offenders

SB0423 Engrossed - 48 - LRB103 02875 RLC 47881 b
1		into the locality.
2		(b) Evidence-based programming in local supervision.
3		(1) The Parole Division of the Department of
4		Corrections and the Prisoner Review Board shall adopt
5		policies, rules, and regulations that, within the first
6		year of the adoption, validation, and utilization of the
7		statewide, standardized risk assessment tool described in
8		this Act, result in at least 25% of supervised individuals
9		being supervised in accordance with evidence-based
10		practices; within 3 years of the adoption, validation, and
11		utilization of the statewide, standardized risk assessment
12		tool result in at least 50% of supervised individuals
13		being supervised in accordance with evidence-based
14		practices; and within 5 years of the adoption, validation,
15		and utilization of the statewide, standardized risk
16		assessment tool result in at least 75% of supervised
17		individuals being supervised in accordance with
18		evidence-based practices. The policies, rules, and
19		regulations shall:
20		(A) Provide for a standardized individual case
21		plan that follows the offender through the criminal
22		justice system (including in-prison if the supervised
23		individual is in prison) that is:
24		(i) Based on the assets of the individual as
25		well as his or her risks and needs identified
26		through the assessment tool as described in this

SB0423 Engrossed - 49 - LRB103 02875 RLC 47881 b
1		Act.
2		(ii) Comprised of treatment and supervision
3		services appropriate to achieve the purpose of
4		this Act.
5		(iii) Consistently updated, based on program
6		participation by the supervised individual and
7		other behavior modification exhibited by the
8		supervised individual.
9		(B) Concentrate resources and services on
10		high-risk offenders.
11		(C) Provide for the use of evidence-based
12		programming related to education, job training,
13		cognitive behavioral therapy, and other programming
14		designed to reduce criminal behavior.
15		(D) Establish a system of graduated responses.
16		(i) The system shall set forth a menu of
17		presumptive responses for the most common types of
18		supervision violations.
19		(ii) The system shall be guided by the model
20		list of intermediate sanctions created by the
21		Probation Services Division of the State of
22		Illinois pursuant to subsection (1) of Section 15
23		of the Probation and Probation Officers Act and
24		the system of intermediate sanctions created by
25		the Chief Judge of each circuit court pursuant to
26		Section 5-6-1 of the Unified Code of Corrections.

SB0423 Engrossed - 50 - LRB103 02875 RLC 47881 b
1		(iii) The system of responses shall take into
2		account factors such as the severity of the
3		current violation; the supervised individual's
4		risk level as determined by a validated assessment
5		tool described in this Act; the supervised
6		individual's assets; his or her previous criminal
7		record; and the number and severity of any
8		previous supervision violations.
9		(iv) The system shall also define positive
10		reinforcements that supervised individuals may
11		receive for compliance with conditions of
12		supervision.
13		(v) Response to violations should be swift and
14		certain and should be imposed as soon as
15		practicable but no longer than 3 working days of
16		detection of the violation behavior.
17		(vi) The system of graduated responses shall
18		be published on the Department of Corrections
19		website for public view.
20		(2) Conditions of local supervision (probation and
21		mandatory supervised release). Conditions of local
22		supervision whether imposed by a sentencing judge or the
23		Prisoner Review Board shall be imposed in accordance with
24		the offender's risks, assets, and needs as identified
25		through the assessment tool described in this Act.
26		(3) The Department of Corrections and the Prisoner

SB0423 Engrossed - 51 - LRB103 02875 RLC 47881 b
1		Review Board shall annually publish an exemplar copy of
2		any evidence-based assessments, questionnaires, or other
3		instruments used to set conditions of release.
4		(c) Evidence-based in-prison programming.
5		(1) The Department of Corrections shall adopt
6		policies, rules, and regulations that, within the first
7		year of the adoption, validation, and utilization of the
8		statewide, standardized risk assessment tool described in
9		this Act, result in at least 25% of incarcerated
10		individuals receiving services and programming in
11		accordance with evidence-based practices; within 3 years
12		of the adoption, validation, and utilization of the
13		statewide, standardized risk assessment tool result in at
14		least 50% of incarcerated individuals receiving services
15		and programming in accordance with evidence-based
16		practices; and within 5 years of the adoption, validation,
17		and utilization of the statewide, standardized risk
18		assessment tool result in at least 75% of incarcerated
19		individuals receiving services and programming in
20		accordance with evidence-based practices. The policies,
21		rules, and regulations shall:
22		(A) Provide for the use and development of a case
23		plan based on the risks, assets, and needs identified
24		through the assessment tool as described in this Act.
25		The case plan should be used to determine in-prison
26		programming; should be continuously updated based on

SB0423 Engrossed - 52 - LRB103 02875 RLC 47881 b
1		program participation by the prisoner and other
2		behavior modification exhibited by the prisoner; and
3		should be used when creating the case plan described
4		in subsection (b).
5		(B) Provide for the use of evidence-based
6		programming related to education, job training,
7		cognitive behavioral therapy and other evidence-based
8		programming.
9		(C) Establish education programs based on a
10		teacher to student ratio of no more than 1:30.
11		(D) Expand the use of drug prisons, modeled after
12		the Sheridan Correctional Center, to provide
13		sufficient drug treatment and other support services
14		to non-violent inmates with a history of substance
15		abuse.
16		(2) Participation and completion of programming by
17		prisoners can impact earned time credit as determined
18		under Section 3-6-3 of the Unified Code of Corrections.
19		(3) The Department of Corrections shall provide its
20		employees with intensive and ongoing training and
21		professional development services to support the
22		implementation of evidence-based practices. The training
23		and professional development services shall include
24		assessment techniques, case planning, cognitive behavioral
25		training, risk reduction and intervention strategies,
26		effective communication skills, substance abuse treatment

SB0423 Engrossed - 53 - LRB103 02875 RLC 47881 b
1		education and other topics identified by the Department or
2		its employees.
3		(d) The Parole Division of the Department of Corrections
4		and the Prisoner Review Board shall provide their employees
5		with intensive and ongoing training and professional
6		development services to support the implementation of
7		evidence-based practices. The training and professional
8		development services shall include assessment techniques, case
9		planning, cognitive behavioral training, risk reduction and
10		intervention strategies, effective communication skills,
11		substance abuse treatment education, and other topics
12		identified by the agencies or their employees.
13		(e) The Department of Corrections, the Prisoner Review
14		Board, and other correctional entities referenced in the
15		policies, rules, and regulations of this Act shall design,
16		implement, and make public a system to evaluate the
17		effectiveness of evidence-based practices in increasing public
18		safety and in successful reintegration of those under
19		supervision into the locality. Annually, each agency shall
20		submit to the Sentencing Policy Advisory Council a
21		comprehensive report on the success of implementing
22		evidence-based practices. The data compiled and analyzed by
23		the Council shall be delivered annually to the Governor and
24		the General Assembly.
25		(f) The Department of Corrections and the Prisoner Review
26		Board shall release a report annually published on their

SB0423 Engrossed - 54 - LRB103 02875 RLC 47881 b
1		websites that reports the following information about the
2		usage of electronic monitoring and GPS monitoring as a
3		condition of parole and mandatory supervised release during
4		the prior calendar year:
5		(1) demographic data of individuals on electronic
6		monitoring and GPS monitoring, separated by the following
7		categories:
8		(A) race or ethnicity;
9		(B) gender; and
10		(C) age;
11		(2) incarceration data of individuals subject to
12		conditions of electronic or GPS monitoring, separated by
13		the following categories:
14		(A) highest class of offense for which the
15		individuals are currently serving a term of release;
16		and
17		(B) length of imprisonment served prior to the
18		current release period;
19		(3) the number of individuals subject to conditions of
20		electronic or GPS monitoring, separated by the following
21		categories:
22		(A) the number of individuals subject to
23		monitoring under Section 5-8A-6 of the Unified Code of
24		Corrections;
25		(B) the number of individuals subject monitoring
26		under Section 5-8A-7 of the Unified Code of

SB0423 Engrossed - 55 - LRB103 02875 RLC 47881 b
1		Corrections;
2		(C) the number of individuals subject to
3		monitoring under a discretionary order of the Prisoner
4		Review Board at the time of their release; and
5		(D) the number of individuals subject to
6		monitoring as a sanction for violations of parole or
7		mandatory supervised release, separated by the
8		following categories:
9		(i) the number of individuals subject to
10		monitoring as part of a graduated sanctions
11		program; and
12		(ii) the number of individuals subject to
13		monitoring as a new condition of re-release after
14		a revocation hearing before the Prisoner Review
15		Board;
16		(4) the number of discretionary monitoring orders
17		issued by the Prisoner Review Board, separated by the
18		following categories:
19		(A) less than 30 days;
20		(B) 31 to 60 days;
21		(C) 61 to 90 days;
22		(D) 91 to 120 days;
23		(E) 121 to 150 days;
24		(F) 151 to 180 days;
25		(G) 181 to 364 days;
26		(H) 365 days or more; and

SB0423 Engrossed - 56 - LRB103 02875 RLC 47881 b
1		(I) duration of release term;
2		(5) the number of discretionary monitoring orders by
3		the Board which removed or terminated monitoring prior to
4		the completion of the original period ordered;
5		(6) the number and severity category for sanctions
6		imposed on individuals on electronic or GPS monitoring,
7		separated by the following categories:
8		(A) absconding from electronic monitoring or GPS;
9		(B) tampering or removing the electronic
10		monitoring or GPS device;
11		(C) unauthorized leaving of the residence;
12		(D) presence of the individual in a prohibited
13		area; or
14		(E) other violations of the terms of the
15		electronic monitoring program;
16		(7) the number of individuals for whom a parole
17		revocation case was filed for failure to comply with the
18		terms of electronic or GPS monitoring, separated by the
19		following categories:
20		(A) cases when failure to comply with the terms of
21		monitoring was the sole violation alleged; and
22		(B) cases when failure to comply with the terms of
23		monitoring was alleged in conjunction with other
24		alleged violations;
25		(8) residential data for individuals subject to
26		electronic or GPS monitoring, separated by the following

SB0423 Engrossed - 57 - LRB103 02875 RLC 47881 b
1		categories:
2		(A) the county of the residence address for
3		individuals subject to electronic or GPS monitoring as
4		a condition of their release; and
5		(B) for counties with a population over 3,000,000,
6		the zip codes of the residence address for individuals
7		subject to electronic or GPS monitoring as a condition
8		of their release;
9		(9) the number of individuals for whom parole
10		revocation cases were filed due to violations of paragraph
11		(1) of subsection (a) of Section 3-3-7 of the Unified Code
12		of Corrections, separated by the following categories:
13		(A) the number of individuals whose violation of
14		paragraph (1) of subsection (a) of Section 3-3-7 of
15		the Unified Code of Corrections allegedly occurred
16		while the individual was subject to conditions of
17		electronic or GPS monitoring;
18		(B) the number of individuals who had violations
19		of paragraph (1) of subsection (a) of Section 3-3-7 of
20		the Unified Code of Corrections alleged against them
21		who were never subject to electronic or GPS monitoring
22		during their current term of release; and
23		(C) the number of individuals who had violations
24		of paragraph (1) of subsection (a) of Section 3-3-7 of
25		the Unified Code of Corrections alleged against them
26		who were subject to electronic or GPS monitoring for

SB0423 Engrossed - 58 - LRB103 02875 RLC 47881 b