(730 ILCS 5/3‑1‑2) (from Ch. 38, par. 1003‑1‑2)
(Text of Section before amendment by P.A. 94‑696)
Sec. 3‑1‑2. Definitions.
(a) "Chief Administrative Officer" means the
person designated by the Director to exercise the powers and duties of the
Department of Corrections in regard to committed persons within
a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a‑5) "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3‑3‑7, paragraph (10) of subsection (a) of Section 5‑6‑3, and paragraph (18) of subsection (c) of Section 5‑6‑3.1 only means:
(i) A violation of any of the following Sections of
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the Criminal Code of 1961: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of a child), or 12‑33 (ritualized abuse of a child). An attempt to commit any of these offenses.
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(ii) A violation of any of the following Sections of
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the Criminal Code of 1961: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (criminal sexual abuse). An attempt to commit any of these offenses.
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(iii) A violation of any of the following Sections of
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the Criminal Code of 1961 when the defendant is not a parent of the victim:
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10‑1 (kidnapping),
10‑2 (aggravated kidnapping),
10‑3 (unlawful restraint),
10‑3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
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substantially equivalent to any offense listed in this subsection (a‑5).
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An offense violating federal law or the law of another
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state that is substantially equivalent to any offense listed in this subsection (a‑5) shall constitute a sex offense for the purpose of this subsection (a‑5). A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for a sex offense for the purposes of this subsection (a‑5).
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(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed Person" is a person committed to the Department,
however a committed person shall not be considered to be an employee of
the Department of Corrections for any purpose, including eligibility for
a pension, benefits, or any other compensation or rights or privileges which
may be provided to employees of the Department.
(d) "Correctional Institution or Facility" means any building or
part of a building where committed persons are kept in a secured manner.
(e) "Department" means the Department of Corrections of this State.
(f) "Director" means the Director of the Department of Corrections.
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized absence
of a committed person from the custody of the Department.
(j) "Furlough" means an authorized leave of absence from the
Department of Corrections for a designated purpose and period of time.
(k) "Parole" means the conditional and revocable release
of a committed person under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3‑3‑1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain prisoners
alleged to have violated Department rules with respect to good
time credits, to set release dates for certain prisoners
sentenced under the law in effect prior to the effective
date of this Amendatory Act of 1977, to hear requests and
make recommendations to the Governor with respect to pardon,
reprieve or commutation, to set conditions for parole and
mandatory supervised release and determine whether violations
of those conditions justify revocation of parole or release,
and to assume all other functions previously exercised by the
Illinois Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections,
such term may be construed by the Department or Court, within
its discretion, to include treatment, service or counseling by
a Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in subsection (a) of
Section 3 of the Bill of Rights for Victims and Witnesses of Violent Crime Act.
(Source: P.A. 94‑159, eff. 7‑11‑05.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 3‑1‑2. Definitions.
(a) "Chief Administrative Officer" means the
person designated by the Director to exercise the powers and duties of the
Department of Corrections in regard to committed persons within
a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a‑5) "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3‑3‑7, paragraph (10) of subsection (a) of Section 5‑6‑3, and paragraph (18) of subsection (c) of Section 5‑6‑3.1 only means:
(i) A violation of any of the following Sections of
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the Criminal Code of 1961: 10‑7 (aiding and abetting child abduction under Section 10‑5(b)(10)), 10‑5(b)(10) (child luring), 11‑6 (indecent solicitation of a child), 11‑6.5 (indecent solicitation of an adult), 11‑15.1 (soliciting for a juvenile prostitute), 11‑17.1 (keeping a place of juvenile prostitution), 11‑18.1 (patronizing a juvenile prostitute), 11‑19.1 (juvenile pimping), 11‑19.2 (exploitation of a child), 11‑20.1 (child pornography), 12‑14.1 (predatory criminal sexual assault of a child), or 12‑33 (ritualized abuse of a child). An attempt to commit any of these offenses.
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(ii) A violation of any of the following Sections of
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the Criminal Code of 1961: 12‑13 (criminal sexual assault), 12‑14 (aggravated criminal sexual assault), 12‑16 (aggravated criminal sexual abuse), and subsection (a) of Section 12‑15 (criminal sexual abuse). An attempt to commit any of these offenses.
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(iii) A violation of any of the following Sections of
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the Criminal Code of 1961 when the defendant is not a parent of the victim:
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10‑1 (kidnapping),
10‑2 (aggravated kidnapping),
10‑3 (unlawful restraint),
10‑3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
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substantially equivalent to any offense listed in this subsection (a‑5).
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An offense violating federal law or the law of another
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state that is substantially equivalent to any offense listed in this subsection (a‑5) shall constitute a sex offense for the purpose of this subsection (a‑5). A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for a sex offense for the purposes of this subsection (a‑5).
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(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed Person" is a person committed to the Department,
however a committed person shall not be considered to be an employee of
the Department of Corrections for any purpose, including eligibility for
a pension, benefits, or any other compensation or rights or privileges which
may be provided to employees of the Department.
(d) "Correctional Institution or Facility" means any building or
part of a building where committed persons are kept in a secured manner.
(e) In the case of functions performed before the effective date of this amendatory Act of the 94th General Assembly, "Department" means the Department of Corrections of this State. In the case of functions performed on or after the effective date of this amendatory Act of the 94th General Assembly, "Department" has the meaning ascribed to it in subsection (f‑5).
(f) In the case of functions performed before the effective date of this amendatory Act of the 94th General Assembly, "Director" means the Director of the Department of Corrections. In the case of functions performed on or after the effective date of this amendatory Act of the 94th General Assembly, "Director" has the meaning ascribed to it in subsection (f‑5).
(f‑5) In the case of functions performed on or after the effective date of this amendatory Act of the 94th General Assembly, references to "Department" or "Director" refer to either the Department of Corrections or the Director of Corrections or to the Department of Juvenile Justice or the Director of Juvenile Justice unless the context is specific to the Department of Juvenile Justice or the Director of Juvenile Justice.
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized absence
of a committed person from the custody of the Department.
(j) "Furlough" means an authorized leave of absence from the
Department of Corrections for a designated purpose and period of time.
(k) "Parole" means the conditional and revocable release
of a committed person under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3‑3‑1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain prisoners
alleged to have violated Department rules with respect to good
time credits, to set release dates for certain prisoners
sentenced under the law in effect prior to the effective
date of this Amendatory Act of 1977, to hear requests and
make recommendations to the Governor with respect to pardon,
reprieve or commutation, to set conditions for parole and
mandatory supervised release and determine whether violations
of those conditions justify revocation of parole or release,
and to assume all other functions previously exercised by the
Illinois Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections,
such term may be construed by the Department or Court, within
its discretion, to include treatment, service or counseling by
a Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in subsection (a) of
Section 3 of the Bill of Rights for Victims and Witnesses of Violent Crime Act.
(Source: P.A. 94‑159, eff. 7‑11‑05; 94‑696, eff. 6‑1‑06.)
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