Stalking by a convicted felon is a serious matter.
Illinois law defines stalking as following someone or placing them under surveillance on at least two occasions, while threatening to physically or sexually harm that person or a member of her family. By itself, stalking is a complicated and emotional criminal charge, but it carries even graver implications for someone who has already been convicted of a felony before.
Stalking and Parole Officers
According to Illinois state law (HB 2541/PA 96-0282), a supervising parole officer from the Department of Corrections is required to request a parole violation warrant for any parolee charged with stalking. Even if a felon has not yet been convicted of the crime, he may be required to return to prison. Under the same law, parole officers who oversee parolees convicted of felony domestic battery, stalking, aggravated stalking or a felony violation of an order of protection must complete no less than 40 hours of domestic violence and partner abuse intervention training. This law is designed to help equip parole officers with a keen sense of what constitutes stalking and detect it.
Stalking and Incarcerated Felons
While stalking is normally conducted through physical trailing or surveillance of a victim, Illinois law also allows for the prosecution of incarcerated felons who transmit threats from prison. For example, if a prisoner makes threatening phone calls to an ex-girlfriend from behind bars, he may be prosecuted for stalking. Since outgoing calls from prison are monitored, the evidence in such as a case would be very concrete.
Repeat Offenders
Under Illinois law, a felon already convicted of stalking will face a second charge of stalking as a Class 3 felony. Sentencing guidelines for Class 3 felonies include two to five years in a state penitentiary and a fine of up to $25,000. Under a recently passed law (HB 4081), a convicted stalker may be charged again with stalking if he makes threats upon the same victim or a member of the victim's family on just a single occasion.
DNA Testing
Felons convicted of stalking are required to submit a DNA sample to a state-run database, designed to help police solve crimes. The sample is obtained via a blood test.
Exemption
A felon may not be convicted of stalking if he is picketing or exercising his right to free speech or assembly. For example, a convicted felon who protests at an abortion clinic cannot be charged with stalking a doctor who works there unless acts or threats of violence are committed.
Tags: convicted stalking, with stalking, been convicted, charged with, charged with stalking, convicted felon