§ 3-14-2

Illinois § 3-14-2

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 730: CORRECTIONS
• Act 730 ILCS 5/: Unified Code of Corrections.
• Art.: Chapter III - Department Of Corrections

Text

Supervision on Parole, Mandatory Supervised Release and Release by Statute. (a) The Department shall retain custody of all persons placed on parole or mandatory supervised release or released pursuant to Section 3-3-10 of this Code and shall supervise such persons during their parole or release period in accord with the conditions set by the Prisoner Review Board. When setting conditions, the Prisoner Review Board shall make an individualized assessment as to what conditions are appropriate based on the risk and needs assessment, program participation and completion, assignment history while incarcerated, and behavior history during the period of the incarceration and involve only such deprivations of liberty or property as are reasonably necessary to protect the public from the person's conduct in the underlying conviction or violation. In determining conditions, the Prisoner Review Board shall also consider the reasonableness of imposing additional conditions on the person and the extent to which the conditions impact the person's work, education, community service, financial, and family caregiving obligations. Such conditions shall include referral to an alcohol or drug abuse treatment program, as appropriate, if such person has previously been identified as having an alcohol or drug abuse problem. Such conditions may include that the person use an approved electronic monitoring device subject to Article 8A of Chapter V. (b) The Department shall assign personnel to assist persons eligible for parole in preparing a parole plan. Such Department personnel shall make a report of their efforts and findings to the Prisoner Review Board prior to its consideration of the case of such eligible person. (c) A copy of the conditions of his parole or release shall be signed by the parolee or releasee and given to him and to his supervising officer who shall report on his progress under the rules and regulations of the Prisoner Review Board. The supervising officer shall report violations to the Prisoner Review Board and shall have the full power of peace officers in the arrest and retaking of any parolees or releasees or the officer may request the Department to issue a warrant for the arrest of any parolee or releasee who has allegedly violated his parole or release conditions. (c-1) The supervising officer shall request the Department 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 felony using a firearm or knife, (2) if applicable, fails to comply with the requirements of the Sex Offender Registration Act, (3) if the parolee or releasee is charged with: (A) a felony offense of domestic battery under Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, (B) aggravated domestic battery under Section 12-3.3 of the Criminal Code of 1961 or the Criminal Code of 2012, (C) stalking under Section 12-7.3 of the Criminal Code of 1961 or the Criminal Code of 2012, (D) aggravated stalking under Section 12-7.4 of the Criminal Code of 1961 or the Criminal Code of 2012, (E) violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or (F) any offense that would require registration as a sex offender under the Sex Offender Registration Act, or (4) if the parolee or releasee is on parole or mandatory supervised release for a murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 1961 or the Criminal Code of 2012, or any felony that requires registration as a sex offender under the Sex Offender Registration Act and commits an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony. A sheriff or other peace officer may detain an alleged parole or release violator until a warrant for his return to the Department can be issued. The parolee or releasee may be delivered to any secure place until he can be transported to the Department. The officer or the Department shall file a violation report with notice of charges with the Prisoner Review Board. (d) The supervising officer shall regularly advise and consult with the parolee or releasee, assist him in adjusting to community life, inform him of the restoration of his rights on successful completion of sentence under Section 5-5-5, and provide the parolee or releasee with an electronic copy of the Department of Corrections system of graduated responses as set forth under subparagraph (D) of paragraph (1) of subsection (b) of Section 10 of the Illinois Crime Reduction Act of 2009 and any sanctions matrix based on that system. If the parolee or releasee has been convicted of a sex offense as defined in the Sex Offender Management Board Act, the supervising officer shall periodically, but not less than once a month, verify that the parolee or releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7. (d-1) At least once every 6 months, the supervising officer of a parolee or releasee shall review the case of the parolee or releasee to assess the parolee's or releasee's progress and suitability for early discharge under subsection (b) of Section 3-3-8 and provide a recommendation for either early discharge or the continuation of parole or mandatory supervised release as previously ordered. The recommendation and the rationale for the recommendation shall be noted in the Department's case management system. Within 30 days of receiving the supervising officer's recommendation, the Department shall provide a copy of the final recommendation, in writing or electronically, to the Prisoner Review Board and to the parolee or releasee. If an early discharge recommendation was not provided, the supervising officer shall share the list of steps or requirements that the person must complete or meet to be granted an early discharge recommendation at a subsequent review under agency guidelines. The Department shall develop guidelines and policies to support the regular review of parolees and releasees for early discharge consideration and the timely notification of the Prisoner Review Board when early discharge is recommended. (d-2) Supervising officers shall schedule meetings, which are required under paragraph (3) of subsection (a) of Section 3-3-7 as a condition of parole or mandatory supervised release, at such times and locations that take into consideration the medical needs, caregiving obligations, and work schedule of a parolee or releasee. (d-3) To comply with the provisions of subsection (d-2), in lieu of requiring the parolee or releasee to appear in person for the required reporting or meetings, supervising officers may utilize technology, including cellular and other electronic communication devices or platforms, that allows for communication between the supervised individual and the supervising officer. (e) Supervising officers shall receive specialized training in the special needs of female releasees or parolees including the family reunification process. (f) The supervising officer shall keep such records as the Prisoner Review Board or Department may require. All records shall be entered in the master file of the individual.

Legislative History

(Source: P.A. 103-271, eff. 1-1-24 .)