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Author Topic: Conditions for Parole  (Read 14663 times)

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Offline Forevermah

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Conditions for Parole
« on: April 01, 2012, 07:41:30 PM »
Conditions for Parole, Illinois

730 ILCS 5/3-3-7 provides that the conditions of parole will be such as the Board considers necessary to assist the subject in leading a law-abiding life.  The conditions of every parole are such as:

    The person does not violate any criminal statute of any jurisdiction during the parole or release term.

    The person refrain from possessing a firearm or other dangerous weapon.

    The person report to an agent of the Department.

    The person permits the agent to visit him/her at his/her home, employment, or elsewhere to the extent necessary for the agent to discharge his/her duties.

    The person attends or resides in a facility established for the instruction or residence of persons on parole.

    The person secures permission before visiting or writing a committed person in a Department facility.

    The person reports all arrests to an agent of the Department when permitted by the arresting authority but in no event later than 24 hours after release from custody.

    The person should not access or use a computer or any other device with Internet capability without the prior written approval of the Department.

    The person should obtain permission of an agent of the Department before leaving the State of Illinois.

    The person should obtain permission of an agent of the Department before changing his/her residence or employment.

    The person should consent to a search of his/her person, property, or residence under his/her control.

    The person should 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.

    The person should not frequent places where controlled substances are illegally sold, used, distributed, or administered.

    The person should not knowingly associate with other persons on parole without prior written permission of his/her parole agent and not associate with persons who are members of an organized gang.

    The person should provide true and accurate information, that relates to his/her adjustment in the community while on parole or to his/her conduct while incarcerated, in response to inquiries by the parole agent or of the Department.

    The person should follow any specific instructions provided by the parole agent that are consistent with furthering conditions set and approved by the Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his/her parole or to protect the public.  These instructions by the parole agent can be modified at any time, as the agent deems appropriate.

Pursuant to 730 ILCS 5/3-3-7, the Board can in addition to other conditions require that the person should work or pursue a course of study or vocational training, undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism, attend or reside in a facility established for the instruction or residence of persons on probation or parole, support his/her dependents, comply with the terms and conditions of an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986.

If the offender is a minor, the Board can also require that the minor should reside with his/her parents or in a foster home, attend school, attend a non-residential program for youth, or contribute to his/her own support at home or in a foster home[ii].

730 ILCS 5/3-3-7 also states that if the person is a sex offender, upon release from the custody of the Department, the Board can require the person to reside only at a Department approved location, to comply with all requirements of the Sex Offender Registration Act, notify third parties of the risks that can be occasioned by his/her criminal record, obtain the approval of an agent of the Department 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.  The person should 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.  The Board can electronically monitor the person for a minimum of 12 months from the date of release as determined by the Board.  The person should refrain from entering into a designated geographic area except upon terms approved in advance by an agent of the Department.  The person should 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, the victim or the victim’s family without the prior written approval of an agent of the Department.  The person is required to 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 and immediately report any incidental contact with minor children to the Department.  The Board can require a written daily log of activities of the person if directed by an agent of the Department.
Authority of the Board

Pursuant to 730 ILCS 5/3-3-8, the Board can enter an order releasing and discharging one from parole, and the person’s commitment to the Department, when the Board determines that the person is likely to remain at liberty without committing another offense.  The order of discharge will become effective upon entry of the order of the Board.  The Board should notify the clerk of the committing court of the order.  Upon receipt of such copy, the clerk should make an entry on the record judgment that the sentence or commitment has been satisfied pursuant to the order.  After the Board discharges a person, the rights of the person discharged will be restored[iii].

730 ILCS 5/3-3-9 provides that if prior to expiration or termination of the term of parole, a person violating a condition set by the Board or a condition of parole, the Board can:

    continue the existing term, with or without modifying or enlarging the conditions; or
    parole or release the person to a half-way house; or
    revoke the parole and reconfine the person for a term in prison.

Pursuant to 730 ILCS 5/3-3-9, the Board can provide the person against the term of reimprisonment or reconfinement for time spent in custody since the person was paroled or released which has not been credited against another sentence or period of confinement.  A juvenile person can be recommitted until the age of 21.  The Board can revoke parole for violation of a condition for the duration of the term and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration.  When parole is not revoked that period shall be credited to the term, unless a community-based sanction is imposed as an alternative to revocation and reincarceration, including a diversion established by the Illinois Department prior to the holding of a preliminary parole revocation hearing.  Parolees who are diverted to a community-based sanction should serve the entire term of parole.

A person charged with violating a condition of parole should have a preliminary hearing before a hearing officer designated by the Board to determine if there is cause to hold the person for a revocation hearing.  However, no preliminary hearing need be held when revocation is based upon new criminal charges and a court finds probable cause on the new criminal charges or when the revocation is based upon a new criminal conviction and a certified copy of that conviction is available.  Parole will not be revoked without written notice to the offender setting forth the violation of parole charged against him/her[iv].

The Board can either revoke or order the person’s term continued with or without modification or enlargement of the conditions.  Parole can not be revoked for failure to make payments under the conditions of parole or release unless the Board determines that such failure is due to the offender’s willful refusal to pay[v].

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