Bill Text: IL HB3025 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Restructures the provisions concerning the conditions of parole and mandatory supervised release. Provides that any and all conditions of parole or mandatory supervised release shall be imposed by the Prisoner Review Board, unless the conditions of release are being imposed or modified by a parole agent. Provides that any condition imposed by the Prisoner Review Board shall not be more restrictive than necessary to: (1) comply with the parolee or releasee's gender responsive risks, assets, and needs assessment; (2) achieve public safety; and (3) facilitate successful reintegration back into the community. Provides that parole agents shall not modify an existing condition of release or add additional conditions of release without approval from the Prisoner Review Board unless doing so under a rule adopted by the Department of Corrections. Provides that notwithstanding any other provision of law, a parolee or releasee must comply with specific instructions of a parole agent related to complying with conditions already set and approved by the Prisoner Review Board or otherwise imposed by law, exclusive of placement on electronic monitoring or home detention. Provides that all subjects found to be at a low risk to recidivate shall be subject to low-level or no supervision, except for specified offenses. Provides that parole or mandatory supervised release shall not be revoked solely for failure to comply with a condition of release that requires the parolee or releasee to affirmatively do something, unless there is sufficient evidence the failure was willful. Provides that when considering whether the failure was willful, the parole agent and the Prisoner Review Board must consider the person's ability to pay and the availability of programs or other resources necessary to compliance. Provides that conditions of parole or mandatory supervised release may (rather than shall) include referral to an alcohol or drug abuse treatment program, as appropriate, only when necessary to comply with trauma and gender informed risk, assets, and needs assessment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3025 Detail]

Download: Illinois-2023-HB3025-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3025

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9
730 ILCS 5/3-14-2 from Ch. 38, par. 1003-14-2

Amends the Unified Code of Corrections. Restructures the provisions concerning the conditions of parole and mandatory supervised release. Provides that any and all conditions of parole or mandatory supervised release shall be imposed by the Prisoner Review Board, unless the conditions of release are being imposed or modified by a parole agent. Provides that any condition imposed by the Prisoner Review Board shall not be more restrictive than necessary to: (1) comply with the parolee or releasee's gender responsive risks, assets, and needs assessment; (2) achieve public safety; and (3) facilitate successful reintegration back into the community. Provides that parole agents shall not modify an existing condition of release or add additional conditions of release without approval from the Prisoner Review Board unless doing so under a rule adopted by the Department of Corrections. Provides that notwithstanding any other provision of law, a parolee or releasee must comply with specific instructions of a parole agent related to complying with conditions already set and approved by the Prisoner Review Board or otherwise imposed by law, exclusive of placement on electronic monitoring or home detention. Provides that all subjects found to be at a low risk to recidivate shall be subject to low-level or no supervision, except for specified offenses. Provides that parole or mandatory supervised release shall not be revoked solely for failure to comply with a condition of release that requires the parolee or releasee to affirmatively do something, unless there is sufficient evidence the failure was willful. Provides that when considering whether the failure was willful, the parole agent and the Prisoner Review Board must consider the person's ability to pay and the availability of programs or other resources necessary to compliance. Provides that conditions of parole or mandatory supervised release may (rather than shall) include referral to an alcohol or drug abuse treatment program, as appropriate, only when necessary to comply with trauma and gender informed risk, assets, and needs assessment.
LRB103 28511 RLC 54892 b

A BILL FOR

HB3025LRB103 28511 RLC 54892 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-7, 3-3-9, and 3-14-2 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
8release.
9 (a) Any and all conditions of parole or mandatory
10supervised release shall be imposed by the Prisoner Review
11Board, unless the conditions of release are being imposed or
12modified by a parole agent in accordance with subsection (i).
13 (b) Any condition imposed by the Prisoner Review Board in
14accordance with subsection (a) shall not be more restrictive
15than necessary to:
16 (1) comply with the parolee or releasee's gender
17 responsive risks, assets, and needs assessment;
18 (2) achieve public safety; and
19 (3) facilitate successful reintegration back into the
20 community.
21 (c) The Prisoner Review Board shall only impose conditions
22of parole or mandatory supervised release that derive from and
23respond to the person in custody's risks, assets, and needs,

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1as identified through a gender responsive assessment tool, in
2accordance with Section 10 of the Illinois Crime Reduction Act
3of 2009 and Section 3-2.5-85 of this Code, except that:
4 (1) the Prisoner Review Board may depart from the
5 assessment tool's recommendations if it reasonably
6 concludes that a condition:
7 (A) is not necessary to achieve public safety; or
8 (B) impedes the person in custody's ability to
9 successfully reintegrate into the person's community.
10 (2) the Board shall impose any mandatory conditions
11 identified in subsection (n).
12 (d) Prior to the Prisoner Review Board imposing any
13discretionary conditions of release under this Section, the
14person in custody must be provided with a reasonable
15opportunity to contest the discretionary conditions before
16they are imposed; and:
17 (1) the Department or the Board, or both, must provide
18 the person in custody or the person's designated
19 representative with the proposed conditions and any
20 relevant underlying materials or information the Board
21 relies on, including the risk, needs, and asset
22 assessment. These materials must be provided 5 days in
23 advance of the first conditions hearing;
24 (2) the Board must consider any information,
25 materials, or evidence provided by the person in custody;
26 (3) the Board must consider any relevant and

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1 particularized information, materials, or evidence
2 provided by the Department of Corrections.
3 (e) Discretionary conditions must be based on
4particularized information and evidence before the Prisoner
5Review Board. The Board cannot impose conditions that are
6based on abstract or generalized safety issues, biases or
7stereotypes, or that impose additional punishment.
8 (f) When imposing conditions in accordance with subsection
9(a), the Board shall state in a written order:
10 (1) the imposed conditions of release;
11 (2) the reasonable relation the conditions have to the
12 person in custody's assessment tool recommendations and
13 information provided to the Board; and
14 (3) certification that no less restrictive conditions
15 would assure compliance with subsection (b).
16 (g) A copy of the written order prepared in accordance
17with subsection (f) shall be retained by the Board. A copy
18shall be provided to the person subject to supervision prior
19to their release, and the person shall sign the same before
20release. The signed copy of these conditions, including a copy
21of an order of protection for which one had been issued by a
22circuit court, shall be retained by the person and another
23copy forwarded to the officer in charge of his or her
24supervision.
25 (h) The Department of Corrections shall adopt rules
26establishing that parole agents must make every practicable

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1effort to facilitate successful reentry and only take
2necessary steps to ensure public safety before deciding to
3revoke parole or mandatory supervised release, and provide a
4framework to guide how agents exercise their discretion to
5effectuate this goal, such as a graduated sanction or
6structured decision-making system that takes positive behavior
7account. Any adopted policies shall be based on evidence or
8research, or both. Nothing in this subsection prevents the
9Department from consulting parole agents, persons on
10supervision, advocates, experts, and others while developing
11these policies.
12 (i) Parole agents shall not modify an existing condition
13of release or add additional conditions of release without
14approval from the Prisoner Review Board in accordance with
15subsection (a) unless doing so under a rule adopted in
16accordance with subsection (h). Notwithstanding any other
17provision of this Section, a parolee or releasee must comply
18with specific instructions of a parole agent related to
19complying with conditions already set and approved by the
20Prisoner Review Board or otherwise imposed by law, exclusive
21of placement on electronic monitoring or home detention.
22 (j) If the Board requires as a condition of parole or
23mandatory supervised release that the person enroll in any
24program, even if mandated by law, both the Board and the
25Department shall ensure that the program is available in the
26county or nearby county in which the person will reside. The

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1parolee or releasee shall not be penalized if no program is
2available in the county or nearby county in which the parolee
3or releasee resides.
4 (k) The Department shall inform each person in custody of
5optional services and reentry supports available to the person
6before release, and upon request by the parolee or releasee
7after release, shall assist the parolee or releasee in
8locating volunteer reentry supports. After a hearing under
9Section 3-3-9, the Prisoner Review Board may modify or enlarge
10the conditions of parole or mandatory supervised release. To
11comply with paragraphs (1) through (3) of subsection (b):
12 (1) the Board may rely on an existing assessment
13 unless:
14 (A) the completed assessment is more than 6 months
15 old;
16 (B) an updated assessment is available; or
17 (C) the parolee or releasee requests a new
18 assessment; and
19 (2) detention shall not be prolonged to complete an
20 assessment if the Board has already determined that
21 resuming community supervision is appropriate.
22 Nothing in this subsection (k) prevents the person in
23custody from knowingly and intelligently continuing a hearing
24under Section 3-3-9 so that such an assessment can be
25completed.
26 (l) The Prisoner Review Board may impose discretionary

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1conditions of release in accordance with subsections (a)
2through (c) on the following subjects:
3 (1) compliance with criminal statutes of any
4 jurisdiction while under parole or mandatory supervised
5 release and any related reporting requirements if accused
6 of violating a criminal statute and reporting requirements
7 if ever subject to an order of protection, no contact
8 order, or a stalking no contact order;
9 (2) restrictions on the possession of firearms or
10 other dangerous weapons;
11 (3) mandates regarding the frequency and manner of
12 when the parolee or releasee must report or contact an
13 agent of the Department of Corrections;
14 (4) as provided in subsections (a) through (c) and (h)
15 the parolee or releasee must be evaluated by the
16 Department of Corrections prior to release using a gender
17 responsive, risks, assets, and needs assessment and be
18 subject to a corresponding level of supervision. When
19 appropriate, the Department may reduce the level of
20 supervision. In accordance with the findings of that
21 evaluation:
22 (A) all subjects found to be at a moderate or high
23 risk to recidivate, or on parole or mandatory
24 supervised release for first degree murder, a forcible
25 felony as defined in Section 2-8 of the Criminal Code
26 of 2012, any felony that requires registration as a

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1 sex offender under the Sex Offender Registration Act,
2 or a Class X felony or Class 1 felony that is not a
3 violation of the Cannabis Control Act, the Illinois
4 Controlled Substances Act, or the Methamphetamine
5 Control and Community Protection Act, shall be subject
6 to high level supervision. The Department shall define
7 high level supervision based upon evidence-based and
8 research-based practices. Notwithstanding this
9 placement on high level supervision, placement of the
10 subject on electronic monitoring or home detention
11 shall not occur unless it is required by law or
12 expressly ordered or approved by the Prisoner Review
13 Board; and
14 (B) all subjects found to be at a low risk to
15 recidivate shall be subject to low-level or no
16 supervision, except for those subjects on parole or
17 mandatory supervised release for first degree murder,
18 a forcible felony as defined in Section 2-8 of the
19 Criminal Code of 2012, any felony that requires
20 registration as a sex offender under the Sex Offender
21 Registration Act, or a Class X felony or Class 1 felony
22 that is not a violation of the Cannabis Control Act,
23 the Illinois Controlled Substances Act, or the
24 Methamphetamine Control and Community Protection Act.
25 Low level supervision shall require the subject to
26 check in with the supervising officer via phone or

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1 other electronic means. Notwithstanding this placement
2 on low level supervision, placement of the subject on
3 electronic monitoring or home detention shall not
4 occur unless it is required by law or expressly
5 ordered or approved by the Prisoner Review Board;
6 (5) whether the person must permit the agent to visit
7 him or her at his or her home, employment, or elsewhere to
8 the extent necessary for the parole agent to discharge the
9 agent's duties;
10 (6) restrictions or mandates related to curfews or
11 travel, including, but not limited to, whether and when
12 prior approval is ever required;
13 (7) notify the person's parole agent before changing
14 the person's residence or employment, or within 3 days
15 after changing residence or employment;
16 (8) restrictions or mandates on associating or
17 contacting certain persons or classes of persons;
18 (9) consent-to-search mandates or restrictions;
19 (10) good faith efforts to maintain contact with and
20 cooperate with a parole agent;
21 (11) mandatory participation in the labor market,
22 programs, services, or treatment, unless a disability
23 prevents the parolee or releasee from participating. For
24 purposes of this paragraph (11), disability shall be
25 construed consistent with the federal Americans with
26 Disabilities Act of 1990. Such conditions may include:

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1 (A) work requirements;
2 (B) educational or vocational training; or
3 (C) medical, psychiatric, behavioral, addiction,
4 or other clinical services.
5 (m) The following conditions of parole or mandatory
6supervised release shall be imposed by the Prisoner Review
7Board or operation of law, as specified:
8 (1) if convicted of a sex offense as defined in the Sex
9 Offender Management Board Act, the individual shall
10 undergo and successfully complete sex offender treatment
11 conducted in conformance with the standards developed by
12 the Sex Offender Management Board Act by a treatment
13 provider approved by the Board;
14 (2) if convicted of a sex offense as defined in the Sex
15 Offender Management Board Act, refrain from residing at
16 the same address or in the same condominium unit or
17 apartment unit or in the same condominium complex or
18 apartment complex with another person he or she knows or
19 reasonably should know is a convicted sex offender or has
20 been placed on supervision for a sex offense; the
21 provisions of this paragraph do not apply to a person
22 convicted of a sex offense who is placed in a Department of
23 Corrections licensed transitional housing facility for sex
24 offenders, or is in any facility operated or licensed by
25 the Department of Children and Family Services or by the
26 Department of Human Services, or is in any licensed

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1 medical facility;
2 (3) if convicted for an offense that would qualify the
3 accused as a sexual predator under the Sex Offender
4 Registration Act on or after January 1, 2007 (the
5 effective date of Public Act 94-988), wear an approved
6 electronic monitoring device as defined in Section 5-8A-2
7 for the duration of the person's parole, mandatory
8 supervised release term, or extended mandatory supervised
9 release term and if convicted for an offense of criminal
10 sexual assault, aggravated criminal sexual assault,
11 predatory criminal sexual assault of a child, criminal
12 sexual abuse, aggravated criminal sexual abuse, or
13 ritualized abuse of a child committed on or after August
14 11, 2009 (the effective date of Public Act 96-236) when
15 the victim was under 18 years of age at the time of the
16 commission of the offense and the defendant used force or
17 the threat of force in the commission of the offense wear
18 an approved electronic monitoring device as defined in
19 Section 5-8A-2 that has Global Positioning System (GPS)
20 capability for the duration of the person's parole,
21 mandatory supervised release term, or extended mandatory
22 supervised release term;
23 (4) if convicted for an offense committed on or after
24 June 1, 2008 (the effective date of Public Act 95-464)
25 that would qualify the accused as a child sex offender as
26 defined in Section 11-9.3 or 11-9.4 of the Criminal Code

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1 of 1961 or the Criminal Code of 2012, refrain from
2 communicating with or contacting, by means of the
3 Internet, a person who is not related to the accused and
4 whom the accused reasonably believes to be under 18 years
5 of age; for purposes of this paragraph (4), "Internet" has
6 the meaning ascribed to it in Section 16-0.1 of the
7 Criminal Code of 2012; and a person is not related to the
8 accused if the person is not:
9 (A) the spouse, brother, or sister of the accused;
10 (B) a descendant of the accused;
11 (C) a first or second cousin of the accused; or
12 (D) a step-child or adopted child of the accused;
13 (5) if convicted under Section 11-6, 11-20.1,11-20.1B,
14 11-20.3, or 11-21 of the Criminal Code of 1961 or the
15 Criminal Code of 2012, consent to search of computers,
16 PDAs, cellular phones, and other devices under his or her
17 control that are capable of accessing the Internet or
18 storing electronic files, in order to confirm Internet
19 protocol addresses reported in accordance with the Sex
20 Offender Registration Act and compliance with conditions
21 in this Act;
22 (6) if convicted for an offense that would qualify the
23 accused as a sex offender or sexual predator under the Sex
24 Offender Registration Act on or after June 1, 2008 (the
25 effective date of Public Act 95-640), not possess
26 prescription drugs for erectile dysfunction;

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1 (7) if convicted for an offense under Section 11-6,
2 11-9.1, 11-14.4 that involves soliciting for a juvenile
3 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
4 of the Criminal Code of 1961 or the Criminal Code of 2012,
5 or any attempt to commit any of these offenses, committed
6 on or after June 1, 2009 (the effective date of Public Act
7 95-983);
8 (8) not access or use a computer or any other device
9 with Internet capability without the prior written
10 approval of the Department;
11 (9) submit to periodic unannounced examinations of the
12 offender's computer or any other device with Internet
13 capability by the offender's supervising agent, a law
14 enforcement officer, or assigned computer or information
15 technology specialist, including the retrieval and copying
16 of all data from the computer or device and any internal or
17 external peripherals and removal of such information,
18 equipment, or device to conduct a more thorough
19 inspection;
20 (10) submit to the installation on the offender's
21 computer or device with Internet capability, at the
22 offender's expense, of one or more hardware or software
23 systems to monitor the Internet use; and
24 (11) submit to any other appropriate restrictions
25 concerning the offender's use of or access to a computer
26 or any other device with Internet capability imposed by

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1 the Board, the Department or the offender's supervising
2 agent;
3 (12) if convicted of a sex offense as defined in the
4 Sex Offender Registration Act committed on or after
5 January 1, 2010 (the effective date of Public Act 96-262),
6 refrain from accessing or using a social networking
7 website as defined in Section 17-0.5 of the Criminal Code
8 of 2012;
9 (13) if convicted of a sex offense as defined in
10 Section 2 of the Sex Offender Registration Act committed
11 on or after January 1, 2010 (the effective date of Public
12 Act 96-362) that requires the person to register as a sex
13 offender under that Act, may not knowingly use any
14 computer scrub software on any computer that the sex
15 offender uses;
16 (14) if convicted of a sex offense as defined in
17 subsection (a-5) of Section 3-1-2 of this Code, unless the
18 offender is a parent or guardian of the person under 18
19 years of age present in the home and no non-familial
20 minors are present, not participate in a holiday event
21 involving children under 18 years of age, such as
22 distributing candy or other items to children on
23 Halloween, wearing a Santa Claus costume on or preceding
24 Christmas, being employed as a department store Santa
25 Claus, or wearing an Easter Bunny costume on or preceding
26 Easter;

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1 (15) if convicted of a violation of an order of
2 protection under Section 12-3.4 or Section 12-30 of the
3 Criminal Code of 1961 or the Criminal Code of 2012, be
4 placed under electronic surveillance as provided in
5 Section 5-8A-7 of this Code;
6 (16) comply with the terms and conditions of an order
7 of protection issued in accordance with the Illinois
8 Domestic Violence Act of 1986; an order of protection
9 issued by the court of another state, tribe, or United
10 States territory; a no contact order issued in accordance
11 with the Civil No Contact Order Act; or a no contact order
12 issued in accordance with the Stalking No Contact Order
13 Act;
14 (17) if convicted of a violation of the
15 Methamphetamine Control and Community Protection Act, the
16 Methamphetamine Precursor Control Act, or a
17 methamphetamine related offense, be:
18 (A) prohibited from purchasing, possessing, or
19 having under his or her control any product containing
20 pseudoephedrine unless prescribed by a physician; and
21 (B) prohibited from purchasing, possessing, or
22 having under his or her control any product containing
23 ammonium nitrate;
24 (18) if convicted of a hate crime under Section 12-7.1
25 of the Criminal Code of 2012, perform public or community
26 service of no less than 200 hours and enroll in an

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1 educational program discouraging hate crimes involving the
2 protected class identified in subsection (a) of Section
3 12-7.1 of the Criminal Code of 2012 that gave rise to the
4 offense the offender committed ordered by the court; and
5 (19) if convicted for an offense committed on or after
6 June 1, 2008 (the effective date of Public Act 95-464)
7 that would qualify the accused as a child sex offender as
8 defined in Section 11-9.3 or 11-9.4 of the Criminal Code
9 of 1961 or the Criminal Code of 2012, refrain from
10 communicating with or contacting, by means of the
11 Internet, a person who is related to the accused and whom
12 the accused reasonably believes to be under 18 years of
13 age; for purposes of this paragraph (19) "Internet" has
14 the meaning ascribed to it in Section 16-0.1 of the
15 Criminal Code of 2012; and a person is related to the
16 accused if the person is:
17 (A) the spouse, brother, or sister of the accused;
18 (B) a descendant of the accused;
19 (C) a first or second cousin of the accused;
20 (D) a step-child or adopted child of the accused;
21 or
22 (E) if convicted for an offense committed on or
23 after June 1, 2009 (the effective date of Public Act
24 95-983) that would qualify as a sex offense as defined
25 in the Sex Offender Registration Act:
26 (i) not access or use a computer or any other

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1 device with Internet capability without the prior
2 written approval of the Department;
3 (ii) submit to periodic unannounced
4 examinations of the offender's computer or any
5 other device with Internet capability by the
6 offender's supervising agent, a law enforcement
7 officer, or assigned computer or information
8 technology specialist, including the retrieval and
9 copying of all data from the computer or device
10 and any internal or external peripherals and
11 removal of such information, equipment, or device
12 to conduct a more thorough inspection;
13 (iii) submit to the installation on the
14 offender's computer or device with Internet
15 capability, at the offender's expense, of one or
16 more hardware or software systems to monitor the
17 Internet use;
18 (iv) submit to any other appropriate
19 restrictions concerning the offender's use of or
20 access to a computer or any other device with
21 Internet capability imposed by the Board, the
22 Department or the offender's supervising agent;
23 (20) in addition, if a minor:
24 (A) reside with his or her parents or in a foster
25 home;
26 (B) attend school;

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1 (C) attend a non-residential program for youth; or
2 (D) contribute to his or her own support at home or
3 in a foster home; and
4 (21) in addition to the conditions set forth in
5 paragraphs (1) through (9) of this subsections (m) persons
6 required to register as sex offenders in accordance with
7 the Sex Offender Registration Act, upon release from the
8 custody of the Illinois Department of Corrections, may be
9 required by the Board to comply with the following
10 specific conditions of release:
11 (A) reside only at a Department approved location;
12 (B) comply with all requirements of the Sex
13 Offender Registration Act;
14 (C) notify third parties of the risks that may be
15 occasioned by his or her criminal record;
16 (D) obtain the approval of an agent of the
17 Department of Corrections prior to accepting
18 employment or pursuing a course of study or vocational
19 training and notify the Department prior to any change
20 in employment, study, or training;
21 (E) not be employed or participate in any
22 volunteer activity that involves contact with
23 children, except under circumstances approved in
24 advance and in writing by an agent of the Department of
25 Corrections;
26 (F) be electronically monitored for a minimum of

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1 12 months from the date of release as determined by the
2 Board;
3 (G) refrain from entering into a designated
4 geographic area except upon terms approved in advance
5 by an agent of the Department of Corrections. The
6 terms may include consideration of the purpose of the
7 entry, the time of day, and others accompanying the
8 person;
9 (H) refrain from having any contact, including
10 written or oral communications, directly or
11 indirectly, personally or by telephone, letter, or
12 through a third party with certain specified persons
13 including, but not limited to, the victim or the
14 victim's family without the prior written approval of
15 an agent of the Department of Corrections;
16 (I) refrain from all contact, directly or
17 indirectly, personally, by telephone, letter, or
18 through a third party, with minor children without
19 prior identification and approval of an agent of the
20 Department of Corrections;
21 (J) neither possess or have under his or her
22 control any material that is sexually oriented,
23 sexually stimulating, or that shows male or female sex
24 organs or any pictures depicting children under 18
25 years of age nude or any written or audio material
26 describing sexual intercourse or that depicts or

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1 alludes to sexual activity, including but not limited
2 to visual, auditory, telephonic, or electronic media,
3 or any matter obtained through access to any computer
4 or material linked to computer access use;
5 (K) not patronize any business providing sexually
6 stimulating or sexually oriented entertainment nor
7 utilize "900" or adult telephone numbers;
8 (L) not reside near, visit, or be in or about
9 parks, schools, day care centers, swimming pools,
10 beaches, theaters, or any other places where minor
11 children congregate without advance approval of an
12 agent of the Department of Corrections and immediately
13 report any incidental contact with minor children to
14 the Department;
15 (M) not possess or have under his or her control
16 certain specified items of contraband related to the
17 incidence of sexually offending as determined by an
18 agent of the Department of Corrections;
19 (N) may be required to provide a written daily log
20 of activities if directed by an agent of the
21 Department of Corrections;
22 (O) comply with all other special conditions that
23 the Department may impose that restrict the person
24 from high-risk situations and limit access to
25 potential victims;
26 (P) take an annual polygraph exam;

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1 (Q) maintain a log of his or her travel; or
2 (R) obtain prior approval of his or her parole
3 officer before driving alone in a motor vehicle.
4 (a) The conditions of parole or mandatory supervised
5release shall be such as the Prisoner Review Board deems
6necessary to assist the subject in leading a law-abiding life.
7The conditions of every parole and mandatory supervised
8release are that the subject:
9 (1) not violate any criminal statute of any
10 jurisdiction during the parole or release term;
11 (2) refrain from possessing a firearm or other
12 dangerous weapon;
13 (3) report to an agent of the Department of
14 Corrections;
15 (4) permit the agent to visit him or her at his or her
16 home, employment, or elsewhere to the extent necessary for
17 the agent to discharge his or her duties;
18 (5) attend or reside in a facility established for the
19 instruction or residence of persons on parole or mandatory
20 supervised release;
21 (6) secure permission before visiting or writing a
22 committed person in an Illinois Department of Corrections
23 facility;
24 (7) report all arrests to an agent of the Department
25 of Corrections as soon as permitted by the arresting
26 authority but in no event later than 24 hours after

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1 release from custody and immediately report service or
2 notification of an order of protection, a civil no contact
3 order, or a stalking no contact order to an agent of the
4 Department of Corrections;
5 (7.5) if convicted of a sex offense as defined in the
6 Sex Offender Management Board Act, the individual shall
7 undergo and successfully complete sex offender treatment
8 conducted in conformance with the standards developed by
9 the Sex Offender Management Board Act by a treatment
10 provider approved by the Board;
11 (7.6) if convicted of a sex offense as defined in the
12 Sex Offender Management Board Act, refrain from residing
13 at the same address or in the same condominium unit or
14 apartment unit or in the same condominium complex or
15 apartment complex with another person he or she knows or
16 reasonably should know is a convicted sex offender or has
17 been placed on supervision for a sex offense; the
18 provisions of this paragraph do not apply to a person
19 convicted of a sex offense who is placed in a Department of
20 Corrections licensed transitional housing facility for sex
21 offenders, or is in any facility operated or licensed by
22 the Department of Children and Family Services or by the
23 Department of Human Services, or is in any licensed
24 medical facility;
25 (7.7) if convicted for an offense that would qualify
26 the accused as a sexual predator under the Sex Offender

HB3025- 22 -LRB103 28511 RLC 54892 b
1 Registration Act on or after January 1, 2007 (the
2 effective date of Public Act 94-988), wear an approved
3 electronic monitoring device as defined in Section 5-8A-2
4 for the duration of the person's parole, mandatory
5 supervised release term, or extended mandatory supervised
6 release term and if convicted for an offense of criminal
7 sexual assault, aggravated criminal sexual assault,
8 predatory criminal sexual assault of a child, criminal
9 sexual abuse, aggravated criminal sexual abuse, or
10 ritualized abuse of a child committed on or after August
11 11, 2009 (the effective date of Public Act 96-236) when
12 the victim was under 18 years of age at the time of the
13 commission of the offense and the defendant used force or
14 the threat of force in the commission of the offense wear
15 an approved electronic monitoring device as defined in
16 Section 5-8A-2 that has Global Positioning System (GPS)
17 capability for the duration of the person's parole,
18 mandatory supervised release term, or extended mandatory
19 supervised release term;
20 (7.8) 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

HB3025- 23 -LRB103 28511 RLC 54892 b
1 and whom the accused reasonably believes to be under 18
2 years of age; for purposes of this paragraph (7.8),
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 (7.9) if convicted under Section 11-6, 11-20.1,
11 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
12 or the Criminal Code of 2012, consent to search of
13 computers, PDAs, cellular phones, and other devices under
14 his or her control that are capable of accessing the
15 Internet or storing electronic files, in order to confirm
16 Internet protocol addresses reported in accordance with
17 the Sex Offender Registration Act and compliance with
18 conditions in this Act;
19 (7.10) if convicted for an offense that would qualify
20 the accused as a sex offender or sexual predator under the
21 Sex Offender Registration Act on or after June 1, 2008
22 (the effective date of Public Act 95-640), not possess
23 prescription drugs for erectile dysfunction;
24 (7.11) if convicted for an offense under Section 11-6,
25 11-9.1, 11-14.4 that involves soliciting for a juvenile
26 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

HB3025- 24 -LRB103 28511 RLC 54892 b
1 of the Criminal Code of 1961 or the Criminal Code of 2012,
2 or any attempt to commit any of these offenses, committed
3 on or after June 1, 2009 (the effective date of Public Act
4 95-983):
5 (i) not access or use a computer or any other
6 device with Internet capability without the prior
7 written approval of the Department;
8 (ii) submit to periodic unannounced examinations
9 of the offender's computer or any other device with
10 Internet capability by the offender's supervising
11 agent, a law enforcement officer, or assigned computer
12 or information technology specialist, including the
13 retrieval and copying of all data from the computer or
14 device and any internal or external peripherals and
15 removal of such information, equipment, or device to
16 conduct a more thorough inspection;
17 (iii) submit to the installation on the offender's
18 computer or device with Internet capability, at the
19 offender's expense, of one or more hardware or
20 software systems to monitor the Internet use; and
21 (iv) submit to any other appropriate restrictions
22 concerning the offender's use of or access to a
23 computer or any other device with Internet capability
24 imposed by the Board, the Department or the offender's
25 supervising agent;
26 (7.12) if convicted of a sex offense as defined in the

HB3025- 25 -LRB103 28511 RLC 54892 b
1 Sex Offender Registration Act committed on or after
2 January 1, 2010 (the effective date of Public Act 96-262),
3 refrain from accessing or using a social networking
4 website as defined in Section 17-0.5 of the Criminal Code
5 of 2012;
6 (7.13) if convicted of a sex offense as defined in
7 Section 2 of the Sex Offender Registration Act committed
8 on or after January 1, 2010 (the effective date of Public
9 Act 96-362) that requires the person to register as a sex
10 offender under that Act, may not knowingly use any
11 computer scrub software on any computer that the sex
12 offender uses;
13 (8) obtain permission of an agent of the Department of
14 Corrections before leaving the State of Illinois;
15 (9) obtain permission of an agent of the Department of
16 Corrections before changing his or her residence or
17 employment;
18 (10) consent to a search of his or her person,
19 property, or residence under his or her control;
20 (11) refrain from the use or possession of narcotics
21 or other controlled substances in any form, or both, or
22 any paraphernalia related to those substances and submit
23 to a urinalysis test as instructed by a parole agent of the
24 Department of Corrections;
25 (12) not knowingly frequent places where controlled
26 substances are illegally sold, used, distributed, or

HB3025- 26 -LRB103 28511 RLC 54892 b
1 administered;
2 (13) except when the association described in either
3 subparagraph (A) or (B) of this paragraph (13) involves
4 activities related to community programs, worship
5 services, volunteering, engaging families, or some other
6 pro-social activity in which there is no evidence of
7 criminal intent:
8 (A) not knowingly associate with other persons on
9 parole or mandatory supervised release without prior
10 written permission of his or her parole agent; or
11 (B) not knowingly associate with persons who are
12 members of an organized gang as that term is defined in
13 the Illinois Streetgang Terrorism Omnibus Prevention
14 Act;
15 (14) provide true and accurate information, as it
16 relates to his or her adjustment in the community while on
17 parole or mandatory supervised release or to his or her
18 conduct while incarcerated, in response to inquiries by
19 his or her parole agent or of the Department of
20 Corrections;
21 (15) follow any specific instructions provided by the
22 parole agent that are consistent with furthering
23 conditions set and approved by the Prisoner Review Board
24 or by law, exclusive of placement on electronic detention,
25 to achieve the goals and objectives of his or her parole or
26 mandatory supervised release or to protect the public.

HB3025- 27 -LRB103 28511 RLC 54892 b
1 These instructions by the parole agent may be modified at
2 any time, as the agent deems appropriate;
3 (16) if convicted of a sex offense as defined in
4 subsection (a-5) of Section 3-1-2 of this Code, unless the
5 offender is a parent or guardian of the person under 18
6 years of age present in the home and no non-familial
7 minors are present, not participate in a holiday event
8 involving children under 18 years of age, such as
9 distributing candy or other items to children on
10 Halloween, wearing a Santa Claus costume on or preceding
11 Christmas, being employed as a department store Santa
12 Claus, or wearing an Easter Bunny costume on or preceding
13 Easter;
14 (17) if convicted of a violation of an order of
15 protection under Section 12-3.4 or Section 12-30 of the
16 Criminal Code of 1961 or the Criminal Code of 2012, be
17 placed under electronic surveillance as provided in
18 Section 5-8A-7 of this Code;
19 (18) comply with the terms and conditions of an order
20 of protection issued pursuant to the Illinois Domestic
21 Violence Act of 1986; an order of protection issued by the
22 court of another state, tribe, or United States territory;
23 a no contact order issued pursuant to the Civil No Contact
24 Order Act; or a no contact order issued pursuant to the
25 Stalking No Contact Order Act;
26 (19) if convicted of a violation of the

HB3025- 28 -LRB103 28511 RLC 54892 b
1 Methamphetamine Control and Community Protection Act, the
2 Methamphetamine Precursor Control Act, or a
3 methamphetamine related offense, be:
4 (A) prohibited from purchasing, possessing, or
5 having under his or her control any product containing
6 pseudoephedrine unless prescribed by a physician; and
7 (B) prohibited from purchasing, possessing, or
8 having under his or her control any product containing
9 ammonium nitrate;
10 (20) if convicted of a hate crime under Section 12-7.1
11 of the Criminal Code of 2012, perform public or community
12 service of no less than 200 hours and enroll in an
13 educational program discouraging hate crimes involving the
14 protected class identified in subsection (a) of Section
15 12-7.1 of the Criminal Code of 2012 that gave rise to the
16 offense the offender committed ordered by the court; and
17 (21) be evaluated by the Department of Corrections
18 prior to release using a validated risk assessment and be
19 subject to a corresponding level of supervision. In
20 accordance with the findings of that evaluation:
21 (A) All subjects found to be at a moderate or high
22 risk to recidivate, or on parole or mandatory
23 supervised release for first degree murder, a forcible
24 felony as defined in Section 2-8 of the Criminal Code
25 of 2012, any felony that requires registration as a
26 sex offender under the Sex Offender Registration Act,

HB3025- 29 -LRB103 28511 RLC 54892 b
1 or a Class X felony or Class 1 felony that is not a
2 violation of the Cannabis Control Act, the Illinois
3 Controlled Substances Act, or the Methamphetamine
4 Control and Community Protection Act, shall be subject
5 to high level supervision. The Department shall define
6 high level supervision based upon evidence-based and
7 research-based practices. Notwithstanding this
8 placement on high level supervision, placement of the
9 subject on electronic monitoring or detention shall
10 not occur unless it is required by law or expressly
11 ordered or approved by the Prisoner Review Board.
12 (B) All subjects found to be at a low risk to
13 recidivate shall be subject to low-level supervision,
14 except for those subjects on parole or mandatory
15 supervised release for first degree murder, a forcible
16 felony as defined in Section 2-8 of the Criminal Code
17 of 2012, any felony that requires registration as a
18 sex offender under the Sex Offender Registration Act,
19 or a Class X felony or Class 1 felony that is not a
20 violation of the Cannabis Control Act, the Illinois
21 Controlled Substances Act, or the Methamphetamine
22 Control and Community Protection Act. Low level
23 supervision shall require the subject to check in with
24 the supervising officer via phone or other electronic
25 means. Notwithstanding this placement on low level
26 supervision, placement of the subject on electronic

HB3025- 30 -LRB103 28511 RLC 54892 b
1 monitoring or detention shall not occur unless it is
2 required by law or expressly ordered or approved by
3 the Prisoner Review Board.
4 (b) The Board may in addition to other conditions require
5that the subject:
6 (1) work or pursue a course of study or vocational
7 training;
8 (2) undergo medical or psychiatric treatment, or
9 treatment for drug addiction or alcoholism;
10 (3) attend or reside in a facility established for the
11 instruction or residence of persons on probation or
12 parole;
13 (4) support his or her dependents;
14 (5) (blank);
15 (6) (blank);
16 (7) (blank);
17 (7.5) if convicted for an offense committed on or
18 after the effective date of this amendatory Act of the
19 95th General Assembly that would qualify the accused as a
20 child sex offender as defined in Section 11-9.3 or 11-9.4
21 of the Criminal Code of 1961 or the Criminal Code of 2012,
22 refrain from communicating with or contacting, by means of
23 the Internet, a person who is related to the accused and
24 whom the accused reasonably believes to be under 18 years
25 of age; for purposes of this paragraph (7.5), "Internet"
26 has the meaning ascribed to it in Section 16-0.1 of the

HB3025- 31 -LRB103 28511 RLC 54892 b
1 Criminal Code of 2012; and a person is related to the
2 accused if the person is: (i) the spouse, brother, or
3 sister of the accused; (ii) a descendant of the accused;
4 (iii) a first or second cousin of the accused; or (iv) a
5 step-child or adopted child of the accused;
6 (7.6) if convicted for an offense committed on or
7 after June 1, 2009 (the effective date of Public Act
8 95-983) that would qualify as a sex offense as defined in
9 the Sex Offender Registration Act:
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
25 software systems to monitor the Internet use; and
26 (iv) submit to any other appropriate restrictions

HB3025- 32 -LRB103 28511 RLC 54892 b
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; and
5 (8) in addition, if a minor:
6 (i) reside with his or her parents or in a foster
7 home;
8 (ii) attend school;
9 (iii) attend a non-residential program for youth;
10 or
11 (iv) contribute to his or her own support at home
12 or in a foster home.
13 (b-1) In addition to the conditions set forth in
14subsections (a) and (b), persons required to register as sex
15offenders pursuant to the Sex Offender Registration Act, upon
16release from the custody of the Illinois Department of
17Corrections, may be required by the Board to comply with the
18following specific conditions of release:
19 (1) reside only at a Department approved location;
20 (2) comply with all requirements of the Sex Offender
21 Registration Act;
22 (3) notify third parties of the risks that may be
23 occasioned by his or her criminal record;
24 (4) obtain the approval of an agent of the Department
25 of Corrections prior to accepting employment or pursuing a
26 course of study or vocational training and notify the

HB3025- 33 -LRB103 28511 RLC 54892 b
1 Department prior to any change in employment, study, or
2 training;
3 (5) not be employed or participate in any volunteer
4 activity that involves contact with children, except under
5 circumstances approved in advance and in writing by an
6 agent of the Department of Corrections;
7 (6) be electronically monitored for a minimum of 12
8 months from the date of release as determined by the
9 Board;
10 (7) refrain from entering into a designated geographic
11 area except upon terms approved in advance by an agent of
12 the Department of Corrections. The terms may include
13 consideration of the purpose of the entry, the time of
14 day, and others accompanying the person;
15 (8) refrain from having any contact, including written
16 or oral communications, directly or indirectly, personally
17 or by telephone, letter, or through a third party with
18 certain specified persons including, but not limited to,
19 the victim or the victim's family without the prior
20 written approval of an agent of the Department of
21 Corrections;
22 (9) refrain from all contact, directly or indirectly,
23 personally, by telephone, letter, or through a third
24 party, with minor children without prior identification
25 and approval of an agent of the Department of Corrections;
26 (10) neither possess or have under his or her control

HB3025- 34 -LRB103 28511 RLC 54892 b
1 any material that is sexually oriented, sexually
2 stimulating, or that shows male or female sex organs or
3 any pictures depicting children under 18 years of age nude
4 or any written or audio material describing sexual
5 intercourse or that depicts or alludes to sexual activity,
6 including but not limited to visual, auditory, telephonic,
7 or electronic media, or any matter obtained through access
8 to any computer or material linked to computer access use;
9 (11) not patronize any business providing sexually
10 stimulating or sexually oriented entertainment nor utilize
11 "900" or adult telephone numbers;
12 (12) not reside near, visit, or be in or about parks,
13 schools, day care centers, swimming pools, beaches,
14 theaters, or any other places where minor children
15 congregate without advance approval of an agent of the
16 Department of Corrections and immediately report any
17 incidental contact with minor children to the Department;
18 (13) not possess or have under his or her control
19 certain specified items of contraband related to the
20 incidence of sexually offending as determined by an agent
21 of the Department of Corrections;
22 (14) may be required to provide a written daily log of
23 activities if directed by an agent of the Department of
24 Corrections;
25 (15) comply with all other special conditions that the
26 Department may impose that restrict the person from

HB3025- 35 -LRB103 28511 RLC 54892 b
1 high-risk situations and limit access to potential
2 victims;
3 (16) take an annual polygraph exam;
4 (17) maintain a log of his or her travel; or
5 (18) obtain prior approval of his or her parole
6 officer before driving alone in a motor vehicle.
7 (c) The conditions under which the parole or mandatory
8supervised release is to be served shall be communicated to
9the person in writing prior to his or her release, and he or
10she shall sign the same before release. A signed copy of these
11conditions, including a copy of an order of protection where
12one had been issued by the criminal court, shall be retained by
13the person and another copy forwarded to the officer in charge
14of his or her supervision.
15 (d) After a hearing under Section 3-3-9, the Prisoner
16Review Board may modify or enlarge the conditions of parole or
17mandatory supervised release.
18 (e) The Department shall inform all offenders committed to
19the Department of the optional services available to them upon
20release and shall assist inmates in availing themselves of
21such optional services upon their release on a voluntary
22basis.
23 (f) (Blank).
24(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
25100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)

HB3025- 36 -LRB103 28511 RLC 54892 b
1 (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
2 Sec. 3-3-9. Violations; changes of conditions; preliminary
3hearing; revocation of parole or mandatory supervised release;
4revocation hearing.
5 (a) If prior to expiration or termination of the term of
6parole or mandatory supervised release, a person violates a
7condition set by the Prisoner Review Board or a condition of
8parole or mandatory supervised release under Section 3-3-7 of
9this Code to govern that term, the Board may:
10 (1) continue the existing term, with or without
11 modifying or enlarging the conditions; or
12 (1.5) for those released as a result of youthful
13 offender parole as set forth in Section 5-4.5-115 of this
14 Code, order that the inmate be subsequently rereleased to
15 serve a specified mandatory supervised release term not to
16 exceed the full term permitted under the provisions of
17 Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
18 this Code and may modify or enlarge the conditions of the
19 release as the Board deems proper; or
20 (2) parole or release the person to a half-way house;
21 or
22 (3) revoke the parole or mandatory supervised release
23 and reconfine the person for a term computed in the
24 following manner:
25 (i) (A) For those sentenced under the law in
26 effect prior to this amendatory Act of 1977, the

HB3025- 37 -LRB103 28511 RLC 54892 b
1 recommitment shall be for any portion of the imposed
2 maximum term of imprisonment or confinement which had
3 not been served at the time of parole and the parole
4 term, less the time elapsed between the parole of the
5 person and the commission of the violation for which
6 parole was revoked;
7 (B) Except as set forth in paragraphs (C) and (D),
8 for those subject to mandatory supervised release
9 under paragraph (d) of Section 5-8-1 of this Code, the
10 recommitment shall be for the total mandatory
11 supervised release term, less the time elapsed between
12 the release of the person and the commission of the
13 violation for which mandatory supervised release is
14 revoked. The Board may also order that a prisoner
15 serve up to one year of the sentence imposed by the
16 court which was not served due to the accumulation of
17 sentence credit;
18 (C) For those subject to sex offender supervision
19 under clause (d)(4) of Section 5-8-1 of this Code, the
20 reconfinement period for violations of clauses (a)(3)
21 through (b-1)(15) of Section 3-3-7 shall not exceed 2
22 years from the date of reconfinement;
23 (D) For those released as a result of youthful
24 offender parole as set forth in Section 5-4.5-115 of
25 this Code, the reconfinement period shall be for the
26 total mandatory supervised release term, less the time

HB3025- 38 -LRB103 28511 RLC 54892 b
1 elapsed between the release of the person and the
2 commission of the violation for which mandatory
3 supervised release is revoked. The Board may also
4 order that a prisoner serve up to one year of the
5 mandatory supervised release term previously earned.
6 The Board may also order that the inmate be
7 subsequently rereleased to serve a specified mandatory
8 supervised release term not to exceed the full term
9 permitted under the provisions of Section 5-4.5-115
10 and subsection (d) of Section 5-8-1 of this Code and
11 may modify or enlarge the conditions of the release as
12 the Board deems proper;
13 (ii) the person shall be given credit against the
14 term of reimprisonment or reconfinement for time spent
15 in custody since he or she was paroled or released
16 which has not been credited against another sentence
17 or period of confinement;
18 (iii) (blank);
19 (iv) this Section is subject to the release under
20 supervision and the reparole and rerelease provisions
21 of Section 3-3-10.
22 (b) The Board may revoke parole or mandatory supervised
23release for violation of a condition for the duration of the
24term and for any further period which is reasonably necessary
25for the adjudication of matters arising before its expiration.
26The issuance of a warrant of arrest for an alleged violation of

HB3025- 39 -LRB103 28511 RLC 54892 b
1the conditions of parole or mandatory supervised release shall
2toll the running of the term until the final determination of
3the charge. When parole or mandatory supervised release is not
4revoked that period shall be credited to the term, unless a
5community-based sanction is imposed as an alternative to
6revocation and reincarceration, including a diversion
7established by the Illinois Department of Corrections Parole
8Services Unit prior to the holding of a preliminary parole
9revocation hearing. Parolees who are diverted to a
10community-based sanction shall serve the entire term of parole
11or mandatory supervised release, if otherwise appropriate.
12 (b-5) The Board shall revoke parole or mandatory
13supervised release for violation of the conditions prescribed
14in paragraph (7.6) of subsection (a) of Section 3-3-7.
15 (c) A person charged with violating a condition of parole
16or mandatory supervised release shall have a preliminary
17hearing before a hearing officer designated by the Board to
18determine if there is cause to hold the person for a revocation
19hearing. However, no preliminary hearing need be held when
20revocation is based upon new criminal charges and a court
21finds probable cause on the new criminal charges or when the
22revocation is based upon a new criminal conviction and a
23certified copy of that conviction is available.
24 (d) Parole or mandatory supervised release shall not be
25revoked without written notice to the offender setting forth
26the violation of parole or mandatory supervised release

HB3025- 40 -LRB103 28511 RLC 54892 b
1charged against him or her.
2 (e) A hearing on revocation shall be conducted before at
3least one member of the Prisoner Review Board. The Board may
4meet and order its actions in panels of 3 or more members. The
5action of a majority of the panel shall be the action of the
6Board. A record of the hearing shall be made. At the hearing
7the offender shall be permitted to:
8 (1) appear and answer the charge; and
9 (2) bring witnesses on his or her behalf.
10 (f) The Board shall either revoke parole or mandatory
11supervised release or order the person's term continued with
12or without modification or enlargement of the conditions.
13
14 (g) Parole or mandatory supervised release shall not be
15revoked solely for failure to comply with a condition of
16release that requires the parolee or releasee to affirmatively
17do something, unless there is sufficient evidence the failure
18was willful. When considering whether the failure was willful,
19the parole agent and the Prisoner Review Board must consider
20the person's ability to pay and the availability of programs
21or other resources necessary to compliance, consistent with
22subsection (j) of Section 3-3-7. A good-faith effort to
23participate in mandated programs, services, or treatment by
24the Board or the Department shall be a defense to revocation.
25Parole agents shall not initiate revocation proceedings
26against a parolee or releasee for failure to participate in

HB3025- 41 -LRB103 28511 RLC 54892 b
1programming absent compliance with subsections (d) and (e).
2This paragraph does not impact the authority of the Board or a
3parole agent to initiate revocation proceedings for felonious
4misbehavior for failure to make payments under the conditions
5of parole or release unless the Board determines that such
6failure is due to the offender's willful refusal to pay.
7(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
8 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
9 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
10Release and Release by Statute.
11 (a) The Department shall retain custody of all persons
12placed on parole or mandatory supervised release or released
13pursuant to Section 3-3-10 of this Code and shall supervise
14such persons during their parole or release period in accord
15with the conditions set by the Prisoner Review Board. Such
16conditions may shall include referral to an alcohol or drug
17abuse treatment program, as appropriate, only when necessary
18to comply with trauma and gender informed risk, assets, and
19needs assessment if such person has previously been identified
20as having an alcohol or drug abuse problem. Such conditions
21may include that the person use an approved electronic
22monitoring device subject to Article 8A of Chapter V.
23 (b) The Department shall assign personnel to assist
24persons eligible for parole in preparing a parole plan. Such
25Department personnel shall make a report of their efforts and

HB3025- 42 -LRB103 28511 RLC 54892 b
1findings to the Prisoner Review Board prior to its
2consideration of the case of such eligible person.
3 (c) A copy of the conditions of his parole or release shall
4be signed by the parolee or releasee and given to him and to
5his supervising officer who shall report on his progress under
6the rules and regulations of the Prisoner Review Board. The
7supervising officer shall report violations to the Prisoner
8Review Board and shall have the full power of peace officers in
9the arrest and retaking of any parolees or releasees or the
10officer may request the Department to issue a warrant for the
11arrest of any parolee or releasee who has allegedly violated
12his parole or release conditions.
13 (c-1) The supervising officer shall request the Department
14to issue a parole violation warrant, and the Department shall
15issue a parole violation warrant, under the following
16circumstances:
17 (1) if the parolee or releasee commits an act that
18 constitutes a felony using a firearm or knife,
19 (2) if applicable, fails to comply with the
20 requirements of the Sex Offender Registration Act,
21 (3) if the parolee or releasee is charged with:
22 (A) a felony offense of domestic battery under
23 Section 12-3.2 of the Criminal Code of 1961 or the
24 Criminal Code of 2012,
25 (B) aggravated domestic battery under Section
26 12-3.3 of the Criminal Code of 1961 or the Criminal

HB3025- 43 -LRB103 28511 RLC 54892 b
1 Code of 2012,
2 (C) stalking under Section 12-7.3 of the Criminal
3 Code of 1961 or the Criminal Code of 2012,
4 (D) aggravated stalking under Section 12-7.4 of
5 the Criminal Code of 1961 or the Criminal Code of 2012,
6 (E) violation of an order of protection under
7 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
8 the Criminal Code of 2012, or
9 (F) any offense that would require registration as
10 a sex offender under the Sex Offender Registration
11 Act, or
12 (4) if the parolee or releasee is on parole or
13 mandatory supervised release for a murder, a Class X
14 felony or a Class 1 felony violation of the Criminal Code
15 of 1961 or the Criminal Code of 2012, or any felony that
16 requires registration as a sex offender under the Sex
17 Offender Registration Act and commits an act that
18 constitutes first degree murder, a Class X felony, a Class
19 1 felony, a Class 2 felony, or a Class 3 felony.
20 A sheriff or other peace officer may detain an alleged
21parole or release violator until a warrant for his return to
22the Department can be issued. The parolee or releasee may be
23delivered to any secure place until he can be transported to
24the Department. The officer or the Department shall file a
25violation report with notice of charges with the Prisoner
26Review Board.

HB3025- 44 -LRB103 28511 RLC 54892 b
1 (d) The supervising officer shall regularly advise and
2consult with the parolee or releasee, assist him in adjusting
3to community life, inform him of the restoration of his rights
4on successful completion of sentence under Section 5-5-5. If
5the parolee or releasee has been convicted of a sex offense as
6defined in the Sex Offender Management Board Act, the
7supervising officer shall periodically, but not less than once
8a month, verify that the parolee or releasee is in compliance
9with paragraph (7.6) of subsection (a) of Section 3-3-7.
10 (e) Supervising officers shall receive specialized
11training in the special needs of female releasees or parolees
12including the family reunification process.
13 (f) The supervising officer shall keep such records as the
14Prisoner Review Board or Department may require. All records
15shall be entered in the master file of the individual.
16(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
1797-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
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