Rep. Marcus C. Evans, Jr.
Filed: 3/26/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 1471




2 AMENDMENT NO. ______. Amend House Bill 1471 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. This Act may be referred to as the Free Meek 
5Mill Act. 

6 Section 5. The Unified Code of Corrections is amended by 
7changing Section 3-3-7 as follows:

8 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
9 Sec. 3-3-7. Conditions of parole or mandatory supervised 
10release.


11 (a) The conditions of parole or mandatory
supervised 
12release shall be such as the Prisoner Review
Board deems 
13necessary to assist the subject in leading a
law-abiding life. 
14The conditions of every parole and mandatory
supervised release 
15are that the subject:


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


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


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


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


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


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


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

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

23  (7.5) if convicted of a sex offense as defined in the 
24 Sex Offender
Management Board Act, the individual shall 
25 undergo and successfully complete
sex offender treatment 
26 conducted in conformance with the standards developed by

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


3  (7.6) if convicted of a sex offense as defined in the 
4 Sex Offender
Management Board Act, refrain from residing at 
5 the same address or in the same condominium unit or 
6 apartment unit or in the same condominium complex or 
7 apartment complex with another person he or she knows or 
8 reasonably should know is a convicted sex offender or has 
9 been placed on supervision for a sex offense; the 
10 provisions of this paragraph do not apply to a person 
11 convicted of a sex offense who is placed in a Department of 
12 Corrections licensed transitional housing facility for sex 
13 offenders, or is in any facility operated or licensed by 
14 the Department of Children and Family Services or by the 
15 Department of Human Services, or is in any licensed medical 
16 facility;

17  (7.7) if convicted for an offense that would qualify 
18 the accused as a sexual predator under the Sex Offender 
19 Registration Act on or after January 1, 2007 (the effective 
20 date of Public Act 94-988), wear an approved electronic 
21 monitoring device as defined in Section 5-8A-2 for the 
22 duration of the person's parole, mandatory supervised 
23 release term, or extended mandatory supervised release 
24 term and if convicted for an offense of criminal sexual 
25 assault, aggravated criminal sexual assault, predatory 
26 criminal sexual assault of a child, criminal sexual abuse, 
 
 
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1 aggravated criminal sexual abuse, or ritualized abuse of a 
2 child committed on or after August 11, 2009 (the effective 
3 date of Public Act 96-236) when the victim was under 18 
4 years of age at the time of the commission of the offense 
5 and the defendant used force or the threat of force in the 
6 commission of the offense wear an approved electronic 
7 monitoring device as defined in Section 5-8A-2 that has 
8 Global Positioning System (GPS) capability for the 
9 duration of the person's parole, mandatory supervised 
10 release term, or extended mandatory supervised release 
11 term;

12  (7.8) if convicted for an offense committed on or after 
13 June 1, 2008 (the effective date of Public Act 95-464) that 
14 would qualify the accused as a child sex offender as 
15 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
16 1961 or the Criminal Code of 2012, refrain from 
17 communicating with or contacting, by means of the Internet, 
18 a person who is not related to the accused and whom the 
19 accused reasonably believes to be under 18 years of age; 
20 for purposes of this paragraph (7.8), "Internet" has the 
21 meaning ascribed to it in Section 16-0.1 of the Criminal 
22 Code of 2012; and a person is not related to the accused if 
23 the person is not: (i) the spouse, brother, or sister of 
24 the accused; (ii) a descendant of the accused; (iii) a 
25 first or second cousin of the accused; or (iv) a step-child 
26 or adopted child of the accused;

 
 
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1  (7.9)
if convicted under Section 11-6, 11-20.1, 
2 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or 
3 the Criminal Code of 2012, consent to search of computers, 
4 PDAs, cellular phones, and other devices under his or her 
5 control that are capable of accessing the Internet or 
6 storing electronic files, in order to confirm Internet 
7 protocol addresses reported in accordance with the Sex 
8 Offender Registration Act and compliance with conditions 
9 in this Act;

10  (7.10)
if convicted for an offense that would qualify 
11 the accused as a sex offender or sexual predator under the 
12 Sex Offender Registration Act on or after June 1, 2008 (the 
13 effective date of Public Act 95-640), not possess 
14 prescription drugs for erectile dysfunction;

15  (7.11) if convicted for an offense under Section 11-6, 
16 11-9.1, 11-14.4 that involves soliciting for a juvenile 
17 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
18 of the Criminal Code of 1961 or the Criminal Code of 2012, 
19 or any attempt to commit any of these offenses, committed 
20 on or after June 1, 2009 (the effective date of Public Act 
21 95-983):
22   (i) not access or use a computer or any other 
23 device with Internet capability without the prior 
24 written approval of the Department;
25   (ii) submit to periodic unannounced examinations 
26 of the offender's computer or any other device with 
 
 
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1 Internet capability by the offender's supervising 
2 agent, a law enforcement officer, or assigned computer 
3 or information technology specialist, including the 
4 retrieval and copying of all data from the computer or 
5 device and any internal or external peripherals and 
6 removal of such information, equipment, or device to 
7 conduct a more thorough inspection;
8   (iii) submit to the installation on the offender's 
9 computer or device with Internet capability, at the 
10 offender's expense, of one or more hardware or software 
11 systems to monitor the Internet use; and
12   (iv) submit to any other appropriate restrictions 
13 concerning the offender's use of or access to a 
14 computer or any other device with Internet capability 
15 imposed by the Board, the Department or the offender's 
16 supervising agent; 
17  (7.12) if convicted of a sex offense as defined in the 
18 Sex Offender
Registration Act committed on or after January 
19 1, 2010 (the effective date of Public Act 96-262), refrain 
20 from accessing or using a social networking website as 
21 defined in Section 17-0.5 of the Criminal Code of 2012;

22  (7.13) if convicted of a sex offense as defined in 
23 Section 2 of the Sex Offender Registration Act committed on 
24 or after January 1, 2010 (the effective date of Public Act 
25 96-362) that requires the person to register as a sex 
26 offender under that Act, may not knowingly use any computer 
 
 
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1 scrub software on any computer that the sex offender uses; 
2  (8) obtain permission of an agent of the Department of 
3 Corrections before
leaving the
State of Illinois;


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


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


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

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


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


17  (13) not knowingly associate with other persons on 
18 parole or mandatory
supervised
release without prior 
19 written permission of his or her parole agent, except
when 
20 the association involves activities related to community 
21 programs, worship services, volunteering, and engaging 
22 families, and not
associate with
persons who are members of 
23 an organized gang as that term is defined in the
Illinois

24 Streetgang Terrorism Omnibus Prevention Act, except when 
25 the association involves activities related to community 
26 programs, worship, services, volunteering, engaging 
 
 
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1 families, or some other pro-social activity in which there 
2 is no evidence of criminal intent;


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

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

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


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

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

25 educational program discouraging hate crimes involving the 
26 protected class
identified in subsection (a) of Section 
 
 
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1 12-7.1 of the Criminal Code of 2012 that gave rise to the 
2 offense the offender committed ordered by the court; and
3  (21) be evaluated by the Department of Corrections 
4 prior to release using a validated risk assessment and be 
5 subject to a corresponding level of supervision. In 
6 accordance with the findings of that evaluation:
7   (A) All subjects found to be at a moderate or high 
8 risk to recidivate, or on parole or mandatory 
9 supervised release for first degree murder, a forcible 
10 felony as defined in Section 2-8 of the Criminal Code 
11 of 2012, any felony that requires registration as a sex 
12 offender under the Sex Offender Registration Act, or a 
13 Class X felony or Class 1 felony that is not a 
14 violation of the Cannabis Control Act, the Illinois 
15 Controlled Substances Act, or the Methamphetamine 
16 Control and Community Protection Act, shall be subject 
17 to high level supervision. The Department shall define 
18 high level supervision based upon evidence-based and 
19 research-based practices. Notwithstanding this 
20 placement on high level supervision, placement of the 
21 subject on electronic monitoring or detention shall 
22 not occur unless it is required by law or expressly 
23 ordered or approved by the Prisoner Review Board.
24   (B) All subjects found to be at a low risk to 
25 recidivate shall be subject to low-level supervision, 
26 except for those subjects on parole or mandatory 
 
 
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1 supervised release for first degree murder, a forcible 
2 felony as defined in Section 2-8 of the Criminal Code 
3 of 2012, any felony that requires registration as a sex 
4 offender under the Sex Offender Registration Act, or a 
5 Class X felony or Class 1 felony that is not a 
6 violation of the Cannabis Control Act, the Illinois 
7 Controlled Substances Act, or the Methamphetamine 
8 Control and Community Protection Act. Low level 
9 supervision shall require the subject to check in with 
10 the supervising officer via phone or other electronic 
11 means. Notwithstanding this placement on low level 
12 supervision, placement of the subject on electronic 
13 monitoring or detention shall not occur unless it is 
14 required by law or expressly ordered or approved by the 
15 Prisoner Review Board. 
16 (b) The Board may in addition to other conditions
require 
17that the subject:


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


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


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

23 instruction or residence of persons on probation or parole;


24  (4) support his or her dependents;


25  (5) (blank);


26  (6) (blank);


 
 
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1  (7) (blank); 

2  (7.5) if convicted for an offense committed on or after 
3 the effective date of this amendatory Act of the 95th 
4 General Assembly that would qualify the accused as a child 
5 sex offender as defined in Section 11-9.3 or 11-9.4 of the 
6 Criminal Code of 1961 or the Criminal Code of 2012, refrain 
7 from communicating with or contacting, by means of the 
8 Internet, a person who is related to the accused and whom 
9 the accused reasonably believes to be under 18 years of 
10 age; for purposes of this paragraph (7.5), "Internet" has 
11 the meaning ascribed to it in Section 16-0.1 of the 
12 Criminal Code of 2012; and a person is related to the 
13 accused if the person is: (i) the spouse, brother, or 
14 sister of the accused; (ii) a descendant of the accused; 
15 (iii) a first or second cousin of the accused; or (iv) a 
16 step-child or adopted child of the accused;
17  (7.6) if convicted for an offense committed on or after 
18 June 1, 2009 (the effective date of Public Act 95-983) that 
19 would qualify as a sex offense as defined in the Sex 
20 Offender Registration Act:
21   (i) not access or use a computer or any other 
22 device with Internet capability without the prior 
23 written approval of the Department;
24   (ii) submit to periodic unannounced examinations 
25 of the offender's computer or any other device with 
26 Internet capability by the offender's supervising 
 
 
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1 agent, a law enforcement officer, or assigned computer 
2 or information technology specialist, including the 
3 retrieval and copying of all data from the computer or 
4 device and any internal or external peripherals and 
5 removal of such information, equipment, or device to 
6 conduct a more thorough inspection;
7   (iii) submit to the installation on the offender's 
8 computer or device with Internet capability, at the 
9 offender's expense, of one or more hardware or software 
10 systems to monitor the Internet use; and
11   (iv) submit to any other appropriate restrictions 
12 concerning the offender's use of or access to a 
13 computer or any other device with Internet capability 
14 imposed by the Board, the Department or the offender's 
15 supervising agent; and

16  (8) in addition, if a minor:


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


19   (ii) attend school;


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


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


24 (b-1) In addition to the conditions set forth in 
25subsections (a) and (b), persons required to register as sex 
26offenders pursuant to the Sex Offender Registration Act, upon 
 
 
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1release from the custody of the Illinois Department of 
2Corrections, may be required by the Board to comply with the 
3following specific conditions of release:
4  (1) reside only at a Department approved location; 
5  (2) comply with all requirements of the Sex Offender 
6 Registration Act;

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

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

2 certain specified items of contraband related to the 
3 incidence of sexually offending as determined by an agent 
4 of the Department of Corrections;
5  (14) may be required to provide a written daily log of 
6 activities
if directed by an agent of the Department of 
7 Corrections;
8  (15) comply with all other special conditions
that the 
9 Department may impose that restrict the person from 
10 high-risk situations and limit access to potential 
11 victims;
12  (16) take an annual polygraph exam;
13  (17) maintain a log of his or her travel; or
14  (18) obtain prior approval of his or her parole officer 
15 before driving alone in a motor vehicle.

16 (c) The conditions under which the parole or mandatory

17supervised release is to be served shall be communicated to
the 
18person in writing prior to his or her release, and he or she 
19shall
sign the same before release. A signed copy of these 
20conditions,
including a copy of an order of protection where 
21one had been issued by the
criminal court, shall be retained by 
22the person and another copy forwarded to
the officer in charge 
23of his or her supervision.


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

25Review Board may modify or enlarge the conditions of parole
or 
26mandatory supervised release.


 
 
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1 (e) The Department shall inform all offenders committed to

2the Department of the optional services available to them
upon 
3release and shall assist inmates in availing themselves
of such 
4optional services upon their release on a voluntary
basis.
5 (f) (Blank).


6(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; 
7100-201, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
81-8-18.)


9 Section 99. Effective date. This Act takes effect upon 
10becoming law.".