Public Act 101-0382
 
HB2244 EnrolledLRB101 09689 SLF 55913 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 1. This Act may be referred to as the Free Meek 
Mill Act. 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 3-3-7 as follows:
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    Sec. 3-3-7. Conditions of parole or mandatory supervised 
release.


    (a) The conditions of parole or mandatory
supervised 
release shall be such as the Prisoner Review
Board deems 
necessary to assist the subject in leading a
law-abiding life. 
The conditions of every parole and mandatory
supervised release 
are that the subject:


        (1) not violate any criminal statute of any 
    jurisdiction
during the parole or release term;


        (2) refrain from possessing a firearm or other 
    dangerous
weapon;


        (3) report to an agent of the Department of 
    Corrections;


        (4) permit the agent to visit him or her at his or her 
    home, employment,
or
elsewhere to the
extent necessary for 
    the agent to discharge his or her duties;


        (5) attend or reside in a facility established for the 
    instruction or
residence
of persons on
parole or mandatory 
    supervised release;


        (6) secure permission before visiting or writing a 
    committed person in an
Illinois Department
of Corrections 
    facility;


        (7) report all arrests to an agent of the Department of 
    Corrections as
soon as
permitted by the
arresting authority 
    but in no event later than 24 hours after release from

    custody and immediately report service or notification of 
    an order of protection, a civil no contact order, or a 
    stalking no contact order to an agent of the Department of 
    Corrections;

        (7.5) if convicted of a sex offense as defined in the 
    Sex Offender
Management Board Act, the individual shall 
    undergo and successfully complete
sex offender treatment 
    conducted in conformance with the standards developed by

    the Sex
Offender Management Board Act by a treatment 
    provider approved by the Board;


        (7.6) if convicted of a sex offense as defined in the 
    Sex Offender
Management Board Act, refrain from residing at 
    the same address or in the  same condominium unit or 
    apartment unit or in the same condominium complex or 
    apartment complex with another person he or she knows or 
    reasonably should know is a convicted sex offender or has 
    been placed on supervision for a sex offense; the 
    provisions of this paragraph do not apply to a person 
    convicted of a sex offense who is placed in a Department of 
    Corrections licensed transitional housing facility for sex 
    offenders, or is in any facility operated or licensed by 
    the Department of Children and Family Services or by the 
    Department of Human Services, or is in any licensed medical 
    facility;

        (7.7) if convicted for an offense that would qualify 
    the accused as a sexual predator under the Sex Offender 
    Registration Act on or after January 1, 2007 (the effective 
    date of Public Act 94-988), wear an approved electronic 
    monitoring device as defined in Section 5-8A-2 for the 
    duration of the person's parole, mandatory supervised 
    release term, or extended mandatory supervised release 
    term and if convicted for an offense of criminal sexual 
    assault, aggravated criminal sexual assault, predatory 
    criminal sexual assault of a child, criminal sexual abuse, 
    aggravated criminal sexual abuse, or ritualized abuse of a 
    child committed on or after August 11, 2009 (the effective 
    date of Public Act 96-236) when the victim was under 18 
    years of age at the time of the commission of the offense 
    and the defendant used force or the threat of force in the 
    commission of the offense wear an approved electronic 
    monitoring device as defined in Section 5-8A-2 that has 
    Global Positioning System (GPS) capability for the 
    duration of the person's parole, mandatory supervised 
    release term, or extended mandatory supervised release 
    term;

        (7.8)  if convicted for an offense committed on or after 
    June 1, 2008 (the effective date of Public Act 95-464) that 
    would qualify the accused as a child sex offender as 
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
    1961 or the Criminal Code of 2012, refrain from 
    communicating with or contacting, by means of the Internet,  
    a person who is not related to the accused and whom the 
    accused reasonably believes to be under 18 years of age; 
    for purposes of this paragraph (7.8), "Internet" has the 
    meaning ascribed to it in Section 16-0.1 of the Criminal 
    Code of 2012; and a person is not related to the accused if 
    the person is  not: (i) the spouse, brother, or sister of 
    the accused;  (ii) a descendant of the accused; (iii) a 
    first or second cousin of the accused; or (iv) a step-child 
    or adopted child of the accused;

        (7.9)
 if convicted under Section 11-6, 11-20.1, 
    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or 
    the Criminal Code of 2012, consent to search of computers, 
    PDAs, cellular phones, and other devices under his or her 
    control that are capable of accessing the Internet or 
    storing electronic files, in order to confirm Internet 
    protocol addresses reported in accordance with the Sex 
    Offender Registration Act and compliance with conditions 
    in this Act;

        (7.10)
 if convicted for an offense that would qualify 
    the accused as a sex offender or sexual predator under the 
    Sex Offender Registration Act on or after June 1, 2008 (the 
    effective date of Public Act 95-640), not possess 
    prescription drugs for erectile dysfunction;

        (7.11) if convicted for an offense under Section 11-6, 
    11-9.1, 11-14.4 that involves soliciting for a juvenile 
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    or any attempt to commit any of these offenses, committed 
    on or after June 1, 2009 (the effective date of Public Act 
    95-983):
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; 
        (7.12)  if convicted of a sex offense as defined in the 
    Sex Offender
Registration Act committed on or after January 
    1, 2010 (the effective date of Public Act 96-262),  refrain 
    from accessing or using a social networking website as 
    defined in Section 17-0.5 of the Criminal Code of 2012;

        (7.13)  if convicted of a sex offense as defined in 
    Section 2 of the Sex Offender Registration Act committed on 
    or after January 1, 2010 (the effective date of Public Act 
    96-362) that requires the person to register as a sex 
    offender under that Act, may not knowingly use any computer 
    scrub software on any computer that the sex offender uses; 
        (8) obtain permission of an agent of the Department of 
    Corrections before
leaving the
State of Illinois;


        (9) obtain permission of an agent of the Department of 
    Corrections before
changing
his or her residence or 
    employment;


        (10) consent to a search of his or her person, 
    property, or residence
under his or her
control;


        (11) refrain from the use or possession of narcotics or 
    other controlled
substances in
any form, or both, or any 
    paraphernalia related to those substances and submit
to a

    urinalysis test as instructed by a parole agent of the 
    Department of
Corrections;


        (12) not knowingly frequent places where controlled 
    substances are illegally sold,
used,
distributed, or 
    administered;


        (13) except when the association described in either 
    subparagraph (A) or (B) of this paragraph (13) involves 
    activities related to community programs, worship 
    services, volunteering, engaging families, or some other 
    pro-social activity in which there is no evidence of 
    criminal intent:
            (A) not knowingly associate with other persons on 
        parole or mandatory
supervised
release without prior 
        written permission of his or her parole agent; or
            (B) not knowingly , except
when the association 
        involves activities related to community programs, 
        worship services, volunteering, and engaging families, 
        and not
associate with
persons who are members of an 
        organized gang as that term is defined in the
Illinois

        Streetgang Terrorism Omnibus Prevention Act;


        (14) provide true and accurate information, as it 
    relates to his or her
adjustment in the
community while on 
    parole or mandatory supervised release or to his or her

    conduct
while incarcerated, in response to inquiries by his 
    or her parole agent or of
the
Department of Corrections; 

        (15) follow any specific instructions provided by the 
    parole agent that
are consistent
with furthering 
    conditions set and approved by the Prisoner Review Board or 
    by
law,
exclusive of placement on electronic detention, to 
    achieve the goals and
objectives of his
or her parole or 
    mandatory supervised release or to protect the public. 
    These
instructions by the parole agent may be modified at 
    any time, as the agent
deems
appropriate;


        (16) if convicted of a sex offense as defined in 
    subsection (a-5) of Section 3-1-2 of this Code, unless the 
    offender is a parent or guardian of the person under 18 
    years of age present in the home and no non-familial minors 
    are present, not participate in a holiday event involving 
    children under 18 years of age, such as distributing candy 
    or other items to children on Halloween, wearing a Santa 
    Claus costume on or preceding Christmas, being employed as 
    a department store Santa Claus, or wearing an Easter Bunny 
    costume on or preceding Easter;
        (17)  if convicted of a violation of an order of 
    protection under Section 12-3.4 or Section 12-30 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, be 
    placed under electronic surveillance as provided in 
    Section 5-8A-7 of this Code; 
        (18)  comply with the terms and conditions of an order 
    of protection issued pursuant to the Illinois Domestic 
    Violence Act of 1986; an order of protection issued by the 
    court of another state, tribe, or United States territory; 
    a no contact order issued pursuant to the Civil No Contact 
    Order Act; or a no contact order issued pursuant to the 
    Stalking No Contact Order Act;
        (19)  if convicted of a violation of the Methamphetamine 
    Control and Community Protection Act, the Methamphetamine

    Precursor Control Act, or a methamphetamine related 
    offense, be:
            (A) prohibited from purchasing, possessing, or 
        having under his or her control any product containing 
        pseudoephedrine unless prescribed by a physician; and
            (B) prohibited from purchasing, possessing, or 
        having under his or her control any product containing 
        ammonium nitrate;
        (20) if convicted of a hate crime under Section 12-7.1 
    of the Criminal Code of 2012, perform public or community 
    service of no less than 200 hours and enroll in an

    educational program discouraging hate crimes involving the 
    protected class
identified in subsection (a) of Section 
    12-7.1 of the Criminal Code of 2012 that gave rise to the 
    offense the offender committed ordered by the court; and
        (21) be evaluated by the Department of Corrections 
    prior to release using a validated risk assessment and be 
    subject to a corresponding level of supervision. In 
    accordance with the findings of that evaluation:
            (A) All subjects found to be at a moderate or high 
        risk to recidivate, or on parole or mandatory 
        supervised release for first degree murder, a forcible 
        felony as defined in Section 2-8 of the Criminal Code 
        of 2012, any felony that requires registration as a sex 
        offender under the Sex Offender Registration Act, or a 
        Class X felony or Class 1 felony that is not a 
        violation of the Cannabis Control Act, the Illinois 
        Controlled Substances Act, or the Methamphetamine 
        Control and Community Protection Act, shall be subject 
        to high level supervision. The Department shall define 
        high level supervision based upon evidence-based and 
        research-based practices. Notwithstanding this 
        placement on high level supervision, placement of the 
        subject on electronic monitoring or detention shall 
        not occur unless it is required by law or expressly 
        ordered or approved by the Prisoner Review Board.
            (B) All subjects found to be at a low risk to 
        recidivate shall be subject to low-level supervision, 
        except for those subjects on parole or mandatory 
        supervised release for first degree murder, a forcible 
        felony as defined in Section 2-8 of the Criminal Code 
        of 2012, any felony that requires registration as a sex 
        offender under the Sex Offender Registration Act, or a 
        Class X felony or Class 1 felony that is not a 
        violation of the Cannabis Control Act, the Illinois 
        Controlled Substances Act, or the Methamphetamine 
        Control and Community Protection Act. Low level 
        supervision shall require the subject to check in with 
        the supervising officer via phone or other electronic 
        means. Notwithstanding this placement on low level 
        supervision, placement of the subject on electronic 
        monitoring or detention shall not occur unless it is 
        required by law or expressly ordered or approved by the 
        Prisoner Review Board. 
    (b) The Board may in addition to other conditions
require 
that the subject:


        (1) work or pursue a course of study or vocational 
    training;


        (2) undergo medical or psychiatric treatment, or 
    treatment
for drug addiction or alcoholism;


        (3) attend or reside in a facility established for the

    instruction or residence of persons on probation or parole;


        (4) support his or her dependents;


        (5) (blank);


        (6) (blank);


        (7) (blank); 

        (7.5)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, refrain 
    from communicating with or contacting, by means of the 
    Internet,  a person who is related to the accused and whom 
    the accused reasonably believes to be under 18 years of 
    age; for purposes of this paragraph (7.5), "Internet" has 
    the meaning ascribed to it in Section 16-0.1 of the 
    Criminal Code of 2012; and a person is related to the 
    accused if the person is: (i) the spouse, brother, or 
    sister of the accused;  (ii) a descendant of the accused; 
    (iii) a first or second cousin of the accused; or (iv) a 
    step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after 
    June 1, 2009 (the effective date of Public Act 95-983) that 
    would qualify as a sex offense as defined in the Sex 
    Offender Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; and

        (8) in addition, if a minor:


            (i) reside with his or her parents or in a foster 
        home;


            (ii) attend school;


            (iii) attend a non-residential program for youth; 
        or


            (iv) contribute to his or her own support at home 
        or in a foster
home.


    (b-1) In addition to the conditions set forth in 
subsections (a) and (b), persons required to register as sex 
offenders pursuant to the Sex Offender Registration Act, upon 
release from the custody of the Illinois Department of 
Corrections, may be required by the Board to  comply with the 
following specific conditions of release:
        (1) reside only at a Department approved location;  
        (2) comply with all requirements of the Sex Offender 
    Registration Act;

        (3) notify
         third parties of the risks that may be 
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department 
    of Corrections prior to accepting employment or pursuing a 
    course of study or vocational training and notify the 
    Department prior to any change in employment, study, or 
    training;
        (5) not be employed or participate in any
         volunteer 
    activity that involves contact with children, except under 
    circumstances approved in advance and in writing by an 
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12 
    months from the date of release as determined by the Board;

        (7) refrain from entering into a designated
         geographic 
    area except upon terms approved in advance by an  agent of 
    the Department of Corrections.  The terms may include 
    consideration of the purpose of the entry, the time of day, 
    and others accompanying the person;
        (8) refrain from having any contact, including
         written 
    or oral communications, directly or indirectly, personally 
    or by telephone, letter, or through a third party with 
    certain specified persons including, but not limited to, 
    the victim or the victim's family without the prior written 
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or
         indirectly, 
    personally, by telephone, letter, or through a third party, 
    with minor children without prior identification and 
    approval of an  agent of  the Department of Corrections;
        (10) neither possess or have under his or her
         control 
    any material that is sexually oriented, sexually 
    stimulating, or that shows male or female sex organs or any 
    pictures depicting children under 18 years of age nude or 
    any written or audio material describing sexual 
    intercourse or that depicts or alludes to sexual activity, 
    including but not limited to visual, auditory, telephonic, 
    or electronic media, or any matter obtained through access 
    to any computer or material linked to computer access use;
        (11) not patronize any business providing
         sexually 
    stimulating or sexually oriented entertainment nor utilize 
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about
         parks, 
    schools, day care centers, swimming pools, beaches, 
    theaters, or any other places where minor children 
    congregate without advance approval of an agent of the 
    Department of Corrections and immediately report any 
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
         
    certain specified items of contraband related to the 
    incidence of sexually offending as determined by an agent 
    of the Department of Corrections;
        (14) may be required to provide a written daily log of 
    activities
         if directed by an agent of the Department of 
    Corrections;
        (15) comply with all other special conditions
         that the 
    Department may impose that restrict the person from 
    high-risk situations and limit access to potential 
    victims;
        (16) take an annual polygraph exam;
        (17)  maintain a log of his or her travel; or
        (18)  obtain prior approval of his or her parole officer 
    before driving alone in a motor vehicle.

    (c) The conditions under which the parole or mandatory

supervised release is to be served shall be communicated to
the 
person in writing prior to his or her release, and he or she 
shall
sign the same before release. A signed copy of these 
conditions,
including a copy of an order of protection where 
one had been issued by the
criminal court, shall be retained by 
the person and another copy forwarded to
the officer in charge 
of his or her supervision.


    (d) After a hearing under Section 3-3-9, the Prisoner

Review  Board may modify or enlarge the conditions of parole
or 
mandatory supervised release.


    (e) The Department shall inform all offenders committed to

the Department of the optional services available to them
upon 
release and shall assist inmates in availing themselves
of such 
optional services upon their release on a voluntary
basis.
    (f)  (Blank).


(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; 
100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
1-8-18.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.