98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5764

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-14-2 from Ch. 38, par. 1003-14-2

Amends the Unified Code of Corrections. Provides that the supervising officer shall request the Department of Corrections to issue a parole violation warrant, and the Department shall issue a parole violation

warrant, under the following circumstances: (1) if the parolee or releasee

commits an act that constitutes a Class A misdemeanor or a felony, (2) if applicable, fails to comply with the requirements of the Sex Offender Registration Act, or (3) if the parolee or releasee is charged with violation of an order of protection (rather than specified offenses).

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A BILL FOR

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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 Section 3-14-2 as follows:

6 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)

7 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised

8 Release and Release by Statute.

9 (a) The Department shall retain custody of all persons

10 placed on parole or mandatory supervised release or released

11 pursuant to Section 3-3-10 of this Code and shall supervise

12 such persons during their parole or release period in accord

13 with the conditions set by the Prisoner Review Board. Such

14 conditions shall include referral to an alcohol or drug abuse

15 treatment program, as appropriate, if such person has

16 previously been identified as having an alcohol or drug abuse

17 problem. Such conditions may include that the person use an

18 approved electronic monitoring device subject to Article 8A of

19 Chapter V.

20 (b) The Department shall assign personnel to assist persons

21 eligible for parole in preparing a parole plan. Such Department

22 personnel shall make a report of their efforts and findings to

23 the Prisoner Review Board prior to its consideration of the

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1 case of such eligible person.

2 (c) A copy of the conditions of his parole or release shall

3 be signed by the parolee or releasee and given to him and to

4 his supervising officer who shall report on his progress under

5 the rules and regulations of the Prisoner Review Board. The

6 supervising officer shall report violations to the Prisoner

7 Review Board and shall have the full power of peace officers in

8 the arrest and retaking of any parolees or releasees or the

9 officer may request the Department to issue a warrant for the

10 arrest of any parolee or releasee who has allegedly violated

11 his parole or release conditions.

12 (c-1) The supervising officer shall request the Department

13 to issue a parole violation warrant, and the Department shall

14 issue a parole violation warrant, under the following

15 circumstances:

16 (1) if the parolee or releasee commits an act that

17 constitutes a Class A misdemeanor or a felony ~~using a~~

18 ~~firearm or knife~~,

19 (2) if applicable, fails to comply with the

20 requirements of the Sex Offender Registration Act, or

21 (3) if the parolee or releasee is charged with:

22 (A) (blank), ~~a felony offense of domestic battery~~

23 ~~under Section 12-3.2 of the Criminal Code of 1961 or~~

24 ~~the Criminal Code of 2012,~~

25 (B) (blank), ~~aggravated domestic battery under~~

26 ~~Section 12-3.3 of the Criminal Code of 1961 or the~~

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1 ~~Criminal Code of 2012,~~

2 (C) (blank), ~~stalking under Section 12-7.3 of the~~

3 ~~Criminal Code of 1961 or the Criminal Code of 2012,~~

4 (D) (blank), ~~aggravated stalking under Section~~

5 ~~12-7.4 of the Criminal Code of 1961 or the Criminal~~

6 ~~Code of 2012,~~

7 (E) violation of an order of protection under

8 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

9 the Criminal Code of 2012, or

10 (F) (blank), ~~any offense that would require~~

11 ~~registration as a sex offender under the Sex Offender~~

12 ~~Registration Act, or~~

13 (4) (blank). ~~if the parolee or releasee is on parole or~~

14 ~~mandatory supervised release for a murder, a Class X felony~~

15 ~~or a Class 1 felony violation of the Criminal Code of 1961~~

16 ~~or the Criminal Code of 2012, or any felony that requires~~

17 ~~registration as a sex offender under the Sex Offender~~

18 ~~Registration Act and commits an act that constitutes first~~

19 ~~degree murder, a Class X felony, a Class 1 felony, a Class~~

20 ~~2 felony, or a Class 3 felony.~~

21 A sheriff or other peace officer may detain an alleged

22 parole or release violator until a warrant for his return to

23 the Department can be issued. The parolee or releasee may be

24 delivered to any secure place until he can be transported to

25 the Department. The officer or the Department shall file a

26 violation report with notice of charges with the Prisoner

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1 Review Board.

2 (d) The supervising officer shall regularly advise and

3 consult with the parolee or releasee, assist him in adjusting

4 to community life, inform him of the restoration of his rights

5 on successful completion of sentence under Section 5-5-5. If

6 the parolee or releasee has been convicted of a sex offense as

7 defined in the Sex Offender Management Board Act, the

8 supervising officer shall periodically, but not less than once

9 a month, verify that the parolee or releasee is in compliance

10 with paragraph (7.6) of subsection (a) of Section 3-3-7.

11 (e) Supervising officers shall receive specialized

12 training in the special needs of female releasees or parolees

13 including the family reunification process.

14 (f) The supervising officer shall keep such records as the

15 Prisoner Review Board or Department may require. All records

16 shall be entered in the master file of the individual.

17 (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;

18 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)