HB3513 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3513

 

Introduced 2/22/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.935 new
705 ILCS 405/5-750
705 ILCS 405/5-815
705 ILCS 405/5-820
730 ILCS 5/3-2-2  from Ch. 38, par. 1003-2-2
730 ILCS 5/3-2.5-20
730 ILCS 5/3-2.5-85
730 ILCS 5/3-4-1  from Ch. 38, par. 1003-4-1
730 ILCS 5/3-6-2  from Ch. 38, par. 1003-6-2
730 ILCS 5/3-10-8  from Ch. 38, par. 1003-10-8
730 ILCS 5/5-8-4  from Ch. 38, par. 1005-8-4

    Amends the Juvenile Court Act of 1987. Provides that if a minor is committed to the Department of Juvenile Justice the clerk of the court shall forward to the Department all police reports for sex offenses allegedly committed or committed by the minor. Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall maintain and administer all State youth centers. Deletes provision permitting a person committed to the Department of Juvenile Justice to be isolated for disciplinary reasons. Provides that all sentences imposed by an Illinois court under the Code shall run concurrent to any and all sentences under the Juvenile Court Act of 1987. Provides that the target release date for youth committed to the Department as a Habitual Juvenile Offender or Violent Juvenile Offender under the Juvenile Court Act of 1987 shall be extended by not less than 12 months. Creates the Department of Juvenile Justice Reimbursement and Education Fund in the State treasury. Amends the State Finance Act to make conforming changes.


LRB102 14063 RLC 19415 b

 

 

A BILL FOR

 

HB3513LRB102 14063 RLC 19415 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.935 as follows:
 
6    (30 ILCS 105/5.935 new)
7    Sec. 5.935. The Department of Juvenile Justice
8Reimbursement and Education Fund.
 
9    Section 10. The Juvenile Court Act of 1987 is amended by
10changing Sections 5-750, 5-815, and 5-820 as follows:
 
11    (705 ILCS 405/5-750)
12    Sec. 5-750. Commitment to the Department of Juvenile
13Justice.
14    (1) Except as provided in subsection (2) of this Section,
15when any delinquent has been adjudged a ward of the court under
16this Act, the court may commit him or her to the Department of
17Juvenile Justice, if it finds that (a) his or her parents,
18guardian or legal custodian are unfit or are unable, for some
19reason other than financial circumstances alone, to care for,
20protect, train or discipline the minor, or are unwilling to do
21so, and the best interests of the minor and the public will not

 

 

HB3513- 2 -LRB102 14063 RLC 19415 b

1be served by placement under Section 5-740, or it is necessary
2to ensure the protection of the public from the consequences
3of criminal activity of the delinquent; and (b) commitment to
4the Department of Juvenile Justice is the least restrictive
5alternative based on evidence that efforts were made to locate
6less restrictive alternatives to secure confinement and the
7reasons why efforts were unsuccessful in locating a less
8restrictive alternative to secure confinement. Before the
9court commits a minor to the Department of Juvenile Justice,
10it shall make a finding that secure confinement is necessary,
11following a review of the following individualized factors:
12        (A) Age of the minor.
13        (B) Criminal background of the minor.
14        (C) Review of results of any assessments of the minor,
15    including child centered assessments such as the CANS.
16        (D) Educational background of the minor, indicating
17    whether the minor has ever been assessed for a learning
18    disability, and if so what services were provided as well
19    as any disciplinary incidents at school.
20        (E) Physical, mental and emotional health of the
21    minor, indicating whether the minor has ever been
22    diagnosed with a health issue and if so what services were
23    provided and whether the minor was compliant with
24    services.
25        (F) Community based services that have been provided
26    to the minor, and whether the minor was compliant with the

 

 

HB3513- 3 -LRB102 14063 RLC 19415 b

1    services, and the reason the services were unsuccessful.
2        (G) Services within the Department of Juvenile Justice
3    that will meet the individualized needs of the minor.
4    (1.5) Before the court commits a minor to the Department
5of Juvenile Justice, the court must find reasonable efforts
6have been made to prevent or eliminate the need for the minor
7to be removed from the home, or reasonable efforts cannot, at
8this time, for good cause, prevent or eliminate the need for
9removal, and removal from home is in the best interests of the
10minor, the minor's family, and the public.
11    (2) When a minor of the age of at least 13 years is
12adjudged delinquent for the offense of first degree murder,
13the court shall declare the minor a ward of the court and order
14the minor committed to the Department of Juvenile Justice
15until the minor's 21st birthday, without the possibility of
16aftercare release, furlough, or non-emergency authorized
17absence for a period of 5 years from the date the minor was
18committed to the Department of Juvenile Justice, except that
19the time that a minor spent in custody for the instant offense
20before being committed to the Department of Juvenile Justice
21shall be considered as time credited towards that 5 year
22period. Upon release from a Department facility, a minor
23adjudged delinquent for first degree murder shall be placed on
24aftercare release until the age of 21, unless sooner
25discharged from aftercare release or custodianship is
26otherwise terminated in accordance with this Act or as

 

 

HB3513- 4 -LRB102 14063 RLC 19415 b

1otherwise provided for by law. Nothing in this subsection (2)
2shall preclude the State's Attorney from seeking to prosecute
3a minor as an adult as an alternative to proceeding under this
4Act.
5    (3) Except as provided in subsection (2), the commitment
6of a delinquent to the Department of Juvenile Justice shall be
7for an indeterminate term which shall automatically terminate
8upon the delinquent attaining the age of 21 years or upon
9completion of that period for which an adult could be
10committed for the same act, whichever occurs sooner, unless
11the delinquent is sooner discharged from aftercare release or
12custodianship is otherwise terminated in accordance with this
13Act or as otherwise provided for by law.
14    (3.5) Every delinquent minor committed to the Department
15of Juvenile Justice under this Act shall be eligible for
16aftercare release without regard to the length of time the
17minor has been confined or whether the minor has served any
18minimum term imposed. Aftercare release shall be administered
19by the Department of Juvenile Justice, under the direction of
20the Director. Unless sooner discharged, the Department of
21Juvenile Justice shall discharge a minor from aftercare
22release upon completion of the following aftercare release
23terms:
24        (a) One and a half years from the date a minor is
25    released from a Department facility, if the minor was
26    committed for a Class X felony;

 

 

HB3513- 5 -LRB102 14063 RLC 19415 b

1        (b) One year from the date a minor is released from a
2    Department facility, if the minor was committed for a
3    Class 1 or 2 felony; and
4        (c) Six months from the date a minor is released from a
5    Department facility, if the minor was committed for a
6    Class 3 felony or lesser offense.
7    (4) When the court commits a minor to the Department of
8Juvenile Justice, it shall order him or her conveyed forthwith
9to the appropriate reception station or other place designated
10by the Department of Juvenile Justice, and shall appoint the
11Director of Juvenile Justice legal custodian of the minor. The
12clerk of the court shall issue to the Director of Juvenile
13Justice a certified copy of the order, which constitutes proof
14of the Director's authority. No other process need issue to
15warrant the keeping of the minor.
16    (5) If a minor is committed to the Department of Juvenile
17Justice, the clerk of the court shall forward to the
18Department:
19        (a) the sentencing order and copies of committing
20    petition;
21        (b) all reports;
22        (c) the court's statement of the basis for ordering
23    the disposition;
24        (d) any sex offender evaluations;
25        (e) any risk assessment or substance abuse treatment
26    eligibility screening and assessment of the minor by an

 

 

HB3513- 6 -LRB102 14063 RLC 19415 b

1    agent designated by the State to provide assessment
2    services for the courts;
3        (f) the number of days, if any, which the minor has
4    been in custody and for which he or she is entitled to
5    credit against the sentence, which information shall be
6    provided to the clerk by the sheriff;
7        (g) any medical or mental health records or summaries
8    of the minor;
9        (h) the municipality where the arrest of the minor
10    occurred, the commission of the offense occurred, and the
11    minor resided at the time of commission;
12        (h-5) a report detailing the minor's criminal history
13    in a manner and form prescribed by the Department of
14    Juvenile Justice; and
15        (i) all additional matters which the court directs the
16    clerk to transmit; and .
17        (j) all police reports for sex offenses as defined by
18    the Sex Offender Management Board Act.
19    (6) Whenever the Department of Juvenile Justice lawfully
20discharges from its custody and control a minor committed to
21it, the Director of Juvenile Justice shall petition the court
22for an order terminating his or her custodianship. The
23custodianship shall terminate automatically 30 days after
24receipt of the petition unless the court orders otherwise.
25    (7) If, while on aftercare release, a minor committed to
26the Department of Juvenile Justice who resides in this State

 

 

HB3513- 7 -LRB102 14063 RLC 19415 b

1is charged under the criminal laws of this State, the criminal
2laws of any other state, or federal law with an offense that
3could result in a sentence of imprisonment within the
4Department of Corrections, the penal system of any state, or
5the federal Bureau of Prisons, the commitment to the
6Department of Juvenile Justice and all rights and duties
7created by that commitment are automatically suspended pending
8final disposition of the criminal charge. If the minor is
9found guilty of the criminal charge and sentenced to a term of
10imprisonment in the penitentiary system of the Department of
11Corrections, the penal system of any state, or the federal
12Bureau of Prisons, the commitment to the Department of
13Juvenile Justice shall be automatically terminated. If the
14criminal charge is dismissed, the minor is found not guilty,
15or the minor completes a criminal sentence other than
16imprisonment within the Department of Corrections, the penal
17system of any state, or the federal Bureau of Prisons, the
18previously imposed commitment to the Department of Juvenile
19Justice and the full aftercare release term shall be
20automatically reinstated unless custodianship is sooner
21terminated. Nothing in this subsection (7) shall preclude the
22court from ordering another sentence under Section 5-710 of
23this Act or from terminating the Department's custodianship
24while the commitment to the Department is suspended.
25(Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20.)
 

 

 

HB3513- 8 -LRB102 14063 RLC 19415 b

1    (705 ILCS 405/5-815)
2    Sec. 5-815. Habitual Juvenile Offender.
3    (a) Definition. Any minor having been twice adjudicated a
4delinquent minor for offenses which, had he or she been
5prosecuted as an adult, would have been felonies under the
6laws of this State, and who is thereafter adjudicated a
7delinquent minor for a third time shall be adjudged an
8Habitual Juvenile Offender where:
9        1. the third adjudication is for an offense occurring
10    after adjudication on the second; and
11        2. the second adjudication was for an offense
12    occurring after adjudication on the first; and
13        3. the third offense occurred after January 1, 1980;
14    and
15        4. the third offense was based upon the commission of
16    or attempted commission of the following offenses: first
17    degree murder, second degree murder or involuntary
18    manslaughter; criminal sexual assault or aggravated
19    criminal sexual assault; aggravated or heinous battery
20    involving permanent disability or disfigurement or great
21    bodily harm to the victim; burglary of a home or other
22    residence intended for use as a temporary or permanent
23    dwelling place for human beings; home invasion; robbery or
24    armed robbery; or aggravated arson.
25    Nothing in this Section shall preclude the State's
26Attorney from seeking to prosecute a minor as an adult as an

 

 

HB3513- 9 -LRB102 14063 RLC 19415 b

1alternative to prosecution as an habitual juvenile offender.
2    A continuance under supervision authorized by Section
35-615 of this Act shall not be permitted under this Section.
4    (b) Notice to minor. The State shall serve upon the minor
5written notice of intention to prosecute under the provisions
6of this Section within 5 judicial days of the filing of any
7delinquency petition, adjudication upon which would mandate
8the minor's disposition as an Habitual Juvenile Offender.
9    (c) Petition; service. A notice to seek adjudication as an
10Habitual Juvenile Offender shall be filed only by the State's
11Attorney.
12    The petition upon which such Habitual Juvenile Offender
13notice is based shall contain the information and averments
14required for all other delinquency petitions filed under this
15Act and its service shall be according to the provisions of
16this Act.
17    No prior adjudication shall be alleged in the petition.
18    (d)  Trial. Trial on such petition shall be by jury unless
19the minor demands, in open court and with advice of counsel, a
20trial by the court without jury.
21    Except as otherwise provided herein, the provisions of
22this Act concerning delinquency proceedings generally shall be
23applicable to Habitual Juvenile Offender proceedings.
24    (e) Proof of prior adjudications. No evidence or other
25disclosure of prior adjudications shall be presented to the
26court or jury during any adjudicatory hearing provided for

 

 

HB3513- 10 -LRB102 14063 RLC 19415 b

1under this Section unless otherwise permitted by the issues
2properly raised in such hearing. In the event the minor who is
3the subject of these proceedings elects to testify on his or
4her own behalf, it shall be competent to introduce evidence,
5for purposes of impeachment, that he or she has previously
6been adjudicated a delinquent minor upon facts which, had he
7been tried as an adult, would have resulted in his conviction
8of a felony or of any offense that involved dishonesty or false
9statement. Introduction of such evidence shall be according to
10the rules and procedures applicable to the impeachment of an
11adult defendant by prior conviction.
12    After an admission of the facts in the petition or
13adjudication of delinquency, the State's Attorney may file
14with the court a verified written statement signed by the
15State's Attorney concerning any prior adjudication of an
16offense set forth in subsection (a) of this Section which
17offense would have been a felony or of any offense that
18involved dishonesty or false statement had the minor been
19tried as an adult.
20    The court shall then cause the minor to be brought before
21it; shall inform him or her of the allegations of the statement
22so filed, and of his or her right to a hearing before the court
23on the issue of such prior adjudication and of his right to
24counsel at such hearing; and unless the minor admits such
25adjudication, the court shall hear and determine such issue,
26and shall make a written finding thereon.

 

 

HB3513- 11 -LRB102 14063 RLC 19415 b

1    A duly authenticated copy of the record of any such
2alleged prior adjudication shall be prima facie evidence of
3such prior adjudication or of any offense that involved
4dishonesty or false statement.
5    Any claim that a previous adjudication offered by the
6State's Attorney is not a former adjudication of an offense
7which, had the minor been prosecuted as an adult, would have
8resulted in his conviction of a felony or of any offense that
9involved dishonesty or false statement, is waived unless duly
10raised at the hearing on such adjudication, or unless the
11State's Attorney's proof shows that such prior adjudication
12was not based upon proof of what would have been a felony.
13    (f) Disposition. If the court finds that the prerequisites
14established in subsection (a) of this Section have been
15proven, it shall adjudicate the minor a an Habitual Juvenile
16Offender and commit him or her him to the Department of
17Juvenile Justice for a period of time as provided in
18subsection (3) of Section 5-750, subject to the target release
19date provisions as provided in subsection (c) of Section
203-2.5-85 of the Unified Code of Corrections. until his 21st
21birthday, without possibility of aftercare release, furlough,
22or non-emergency authorized absence. However, the minor shall
23be entitled to earn one day of good conduct credit for each day
24served as reductions against the period of his confinement.
25Such good conduct credits shall be earned or revoked according
26to the procedures applicable to the allowance and revocation

 

 

HB3513- 12 -LRB102 14063 RLC 19415 b

1of good conduct credit for adult prisoners serving determinate
2sentences for felonies.
3    For purposes of determining good conduct credit,
4commitment as an Habitual Juvenile Offender shall be
5considered a determinate commitment, and the difference
6between the date of the commitment and the minor's 21st
7birthday shall be considered the determinate period of his
8confinement.
9(Source: P.A. 98-558, eff. 1-1-14.)
 
10    (705 ILCS 405/5-820)
11    Sec. 5-820. Violent Juvenile Offender.
12    (a) Definition. A minor having been previously adjudicated
13a delinquent minor for an offense which, had he or she been
14prosecuted as an adult, would have been a Class 2 or greater
15felony involving the use or threat of physical force or
16violence against an individual or a Class 2 or greater felony
17for which an element of the offense is possession or use of a
18firearm, and who is thereafter adjudicated a delinquent minor
19for a second time for any of those offenses shall be
20adjudicated a Violent Juvenile Offender if:
21        (1) The second adjudication is for an offense
22    occurring after adjudication on the first; and
23        (2) The second offense occurred on or after January 1,
24    1995.
25    (b) Notice to minor. The State shall serve upon the minor

 

 

HB3513- 13 -LRB102 14063 RLC 19415 b

1written notice of intention to prosecute under the provisions
2of this Section within 5 judicial days of the filing of a
3delinquency petition, adjudication upon which would mandate
4the minor's disposition as a Violent Juvenile Offender.
5    (c) Petition; service. A notice to seek adjudication as a
6Violent Juvenile Offender shall be filed only by the State's
7Attorney.
8    The petition upon which the Violent Juvenile Offender
9notice is based shall contain the information and averments
10required for all other delinquency petitions filed under this
11Act and its service shall be according to the provisions of
12this Act.
13    No prior adjudication shall be alleged in the petition.
14    (d) Trial. Trial on the petition shall be by jury unless
15the minor demands, in open court and with advice of counsel, a
16trial by the court without a jury.
17    Except as otherwise provided in this Section, the
18provisions of this Act concerning delinquency proceedings
19generally shall be applicable to Violent Juvenile Offender
20proceedings.
21    (e) Proof of prior adjudications. No evidence or other
22disclosure of prior adjudications shall be presented to the
23court or jury during an adjudicatory hearing provided for
24under this Section unless otherwise permitted by the issues
25properly raised in that hearing. In the event the minor who is
26the subject of these proceedings elects to testify on his or

 

 

HB3513- 14 -LRB102 14063 RLC 19415 b

1her own behalf, it shall be competent to introduce evidence,
2for purposes of impeachment, that he or she has previously
3been adjudicated a delinquent minor upon facts which, had the
4minor been tried as an adult, would have resulted in the
5minor's conviction of a felony or of any offense that involved
6dishonesty or false statement. Introduction of such evidence
7shall be according to the rules and procedures applicable to
8the impeachment of an adult defendant by prior conviction.
9    After an admission of the facts in the petition or
10adjudication of delinquency, the State's Attorney may file
11with the court a verified written statement signed by the
12State's Attorney concerning any prior adjudication of an
13offense set forth in subsection (a) of this Section that would
14have been a felony or of any offense that involved dishonesty
15or false statement had the minor been tried as an adult.
16    The court shall then cause the minor to be brought before
17it; shall inform the minor of the allegations of the statement
18so filed, of his or her right to a hearing before the court on
19the issue of the prior adjudication and of his or her right to
20counsel at the hearing; and unless the minor admits the
21adjudication, the court shall hear and determine the issue,
22and shall make a written finding of the issue.
23    A duly authenticated copy of the record of any alleged
24prior adjudication shall be prima facie evidence of the prior
25adjudication or of any offense that involved dishonesty or
26false statement.

 

 

HB3513- 15 -LRB102 14063 RLC 19415 b

1    Any claim that a previous adjudication offered by the
2State's Attorney is not a former adjudication of an offense
3which, had the minor been prosecuted as an adult, would have
4resulted in his or her conviction of a Class 2 or greater
5felony involving the use or threat of force or violence, or a
6firearm, a felony or of any offense that involved dishonesty
7or false statement is waived unless duly raised at the hearing
8on the adjudication, or unless the State's Attorney's proof
9shows that the prior adjudication was not based upon proof of
10what would have been a felony.
11    (f) Disposition. If the court finds that the prerequisites
12established in subsection (a) of this Section have been
13proven, it shall adjudicate the minor a Violent Juvenile
14Offender and commit the minor to the Department of Juvenile
15Justice for a period of time as provided in subsection (3) of
16Section 5-750, subject to the target release date provisions
17in subsection (c) of Section 3-2.5-85 of the Unified Code of
18Corrections until his or her 21st birthday, without
19possibility of aftercare release, furlough, or non-emergency
20authorized absence. However, the minor shall be entitled to
21earn one day of good conduct credit for each day served as
22reductions against the period of his or her confinement. The
23good conduct credits shall be earned or revoked according to
24the procedures applicable to the allowance and revocation of
25good conduct credit for adult prisoners serving determinate
26sentences for felonies.

 

 

HB3513- 16 -LRB102 14063 RLC 19415 b

1    For purposes of determining good conduct credit,
2commitment as a Violent Juvenile Offender shall be considered
3a determinate commitment, and the difference between the date
4of the commitment and the minor's 21st birthday shall be
5considered the determinate period of his or her confinement.
6    (g) Nothing in this Section shall preclude the State's
7Attorney from seeking to prosecute a minor as a habitual
8juvenile offender or as an adult as an alternative to
9prosecution as a Violent Juvenile Offender.
10    (h) A continuance under supervision authorized by Section
115-615 of this Act shall not be permitted under this Section.
12(Source: P.A. 98-558, eff. 1-1-14.)
 
13    Section 15. The Unified Code of Corrections is amended by
14changing Sections 3-2-2, 3-2.5-20, 3-2.5-85, 3-4-1, 3-6-2,
153-10-8, and 5-8-4 as follows:
 
16    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
17    Sec. 3-2-2. Powers and duties of the Department.
18    (1) In addition to the powers, duties, and
19responsibilities which are otherwise provided by law, the
20Department shall have the following powers:
21        (a) To accept persons committed to it by the courts of
22    this State for care, custody, treatment and
23    rehabilitation, and to accept federal prisoners and aliens
24    over whom the Office of the Federal Detention Trustee is

 

 

HB3513- 17 -LRB102 14063 RLC 19415 b

1    authorized to exercise the federal detention function for
2    limited purposes and periods of time.
3        (b) To develop and maintain reception and evaluation
4    units for purposes of analyzing the custody and
5    rehabilitation needs of persons committed to it and to
6    assign such persons to institutions and programs under its
7    control or transfer them to other appropriate agencies. In
8    consultation with the Department of Alcoholism and
9    Substance Abuse (now the Department of Human Services),
10    the Department of Corrections shall develop a master plan
11    for the screening and evaluation of persons committed to
12    its custody who have alcohol or drug abuse problems, and
13    for making appropriate treatment available to such
14    persons; the Department shall report to the General
15    Assembly on such plan not later than April 1, 1987. The
16    maintenance and implementation of such plan shall be
17    contingent upon the availability of funds.
18        (b-1) To create and implement, on January 1, 2002, a
19    pilot program to establish the effectiveness of
20    pupillometer technology (the measurement of the pupil's
21    reaction to light) as an alternative to a urine test for
22    purposes of screening and evaluating persons committed to
23    its custody who have alcohol or drug problems. The pilot
24    program shall require the pupillometer technology to be
25    used in at least one Department of Corrections facility.
26    The Director may expand the pilot program to include an

 

 

HB3513- 18 -LRB102 14063 RLC 19415 b

1    additional facility or facilities as he or she deems
2    appropriate. A minimum of 4,000 tests shall be included in
3    the pilot program. The Department must report to the
4    General Assembly on the effectiveness of the program by
5    January 1, 2003.
6        (b-5) To develop, in consultation with the Department
7    of State Police, a program for tracking and evaluating
8    each inmate from commitment through release for recording
9    his or her gang affiliations, activities, or ranks.
10        (c) To maintain and administer all State correctional
11    institutions and facilities under its control and to
12    establish new ones as needed. Pursuant to its power to
13    establish new institutions and facilities, the Department
14    may, with the written approval of the Governor, authorize
15    the Department of Central Management Services to enter
16    into an agreement of the type described in subsection (d)
17    of Section 405-300 of the Department of Central Management
18    Services Law (20 ILCS 405/405-300). The Department shall
19    designate those institutions which shall constitute the
20    State Penitentiary System. The Department of Juvenile
21    Justice shall maintain and administer all State youth
22    centers pursuant to subsection (d) of Section 3-2.5-20.
23        Pursuant to its power to establish new institutions
24    and facilities, the Department may authorize the
25    Department of Central Management Services to accept bids
26    from counties and municipalities for the construction,

 

 

HB3513- 19 -LRB102 14063 RLC 19415 b

1    remodeling or conversion of a structure to be leased to
2    the Department of Corrections for the purposes of its
3    serving as a correctional institution or facility. Such
4    construction, remodeling or conversion may be financed
5    with revenue bonds issued pursuant to the Industrial
6    Building Revenue Bond Act by the municipality or county.
7    The lease specified in a bid shall be for a term of not
8    less than the time needed to retire any revenue bonds used
9    to finance the project, but not to exceed 40 years. The
10    lease may grant to the State the option to purchase the
11    structure outright.
12        Upon receipt of the bids, the Department may certify
13    one or more of the bids and shall submit any such bids to
14    the General Assembly for approval. Upon approval of a bid
15    by a constitutional majority of both houses of the General
16    Assembly, pursuant to joint resolution, the Department of
17    Central Management Services may enter into an agreement
18    with the county or municipality pursuant to such bid.
19        (c-5) To build and maintain regional juvenile
20    detention centers and to charge a per diem to the counties
21    as established by the Department to defray the costs of
22    housing each minor in a center. In this subsection (c-5),
23    "juvenile detention center" means a facility to house
24    minors during pendency of trial who have been transferred
25    from proceedings under the Juvenile Court Act of 1987 to
26    prosecutions under the criminal laws of this State in

 

 

HB3513- 20 -LRB102 14063 RLC 19415 b

1    accordance with Section 5-805 of the Juvenile Court Act of
2    1987, whether the transfer was by operation of law or
3    permissive under that Section. The Department shall
4    designate the counties to be served by each regional
5    juvenile detention center.
6        (d) To develop and maintain programs of control,
7    rehabilitation and employment of committed persons within
8    its institutions.
9        (d-5) To provide a pre-release job preparation program
10    for inmates at Illinois adult correctional centers.
11        (d-10) To provide educational and visitation
12    opportunities to committed persons within its institutions
13    through temporary access to content-controlled tablets
14    that may be provided as a privilege to committed persons
15    to induce or reward compliance.
16        (e) To establish a system of supervision and guidance
17    of committed persons in the community.
18        (f) To establish in cooperation with the Department of
19    Transportation to supply a sufficient number of prisoners
20    for use by the Department of Transportation to clean up
21    the trash and garbage along State, county, township, or
22    municipal highways as designated by the Department of
23    Transportation. The Department of Corrections, at the
24    request of the Department of Transportation, shall furnish
25    such prisoners at least annually for a period to be agreed
26    upon between the Director of Corrections and the Secretary

 

 

HB3513- 21 -LRB102 14063 RLC 19415 b

1    of Transportation. The prisoners used on this program
2    shall be selected by the Director of Corrections on
3    whatever basis he deems proper in consideration of their
4    term, behavior and earned eligibility to participate in
5    such program - where they will be outside of the prison
6    facility but still in the custody of the Department of
7    Corrections. Prisoners convicted of first degree murder,
8    or a Class X felony, or armed violence, or aggravated
9    kidnapping, or criminal sexual assault, aggravated
10    criminal sexual abuse or a subsequent conviction for
11    criminal sexual abuse, or forcible detention, or arson, or
12    a prisoner adjudged a Habitual Criminal shall not be
13    eligible for selection to participate in such program. The
14    prisoners shall remain as prisoners in the custody of the
15    Department of Corrections and such Department shall
16    furnish whatever security is necessary. The Department of
17    Transportation shall furnish trucks and equipment for the
18    highway cleanup program and personnel to supervise and
19    direct the program. Neither the Department of Corrections
20    nor the Department of Transportation shall replace any
21    regular employee with a prisoner.
22        (g) To maintain records of persons committed to it and
23    to establish programs of research, statistics and
24    planning.
25        (h) To investigate the grievances of any person
26    committed to the Department and to inquire into any

 

 

HB3513- 22 -LRB102 14063 RLC 19415 b

1    alleged misconduct by employees or committed persons; and
2    for these purposes it may issue subpoenas and compel the
3    attendance of witnesses and the production of writings and
4    papers, and may examine under oath any witnesses who may
5    appear before it; to also investigate alleged violations
6    of a parolee's or releasee's conditions of parole or
7    release; and for this purpose it may issue subpoenas and
8    compel the attendance of witnesses and the production of
9    documents only if there is reason to believe that such
10    procedures would provide evidence that such violations
11    have occurred.
12        If any person fails to obey a subpoena issued under
13    this subsection, the Director may apply to any circuit
14    court to secure compliance with the subpoena. The failure
15    to comply with the order of the court issued in response
16    thereto shall be punishable as contempt of court.
17        (i) To appoint and remove the chief administrative
18    officers, and administer programs of training and
19    development of personnel of the Department. Personnel
20    assigned by the Department to be responsible for the
21    custody and control of committed persons or to investigate
22    the alleged misconduct of committed persons or employees
23    or alleged violations of a parolee's or releasee's
24    conditions of parole shall be conservators of the peace
25    for those purposes, and shall have the full power of peace
26    officers outside of the facilities of the Department in

 

 

HB3513- 23 -LRB102 14063 RLC 19415 b

1    the protection, arrest, retaking and reconfining of
2    committed persons or where the exercise of such power is
3    necessary to the investigation of such misconduct or
4    violations. This subsection shall not apply to persons
5    committed to the Department of Juvenile Justice under the
6    Juvenile Court Act of 1987 on aftercare release.
7        (j) To cooperate with other departments and agencies
8    and with local communities for the development of
9    standards and programs for better correctional services in
10    this State.
11        (k) To administer all moneys and properties of the
12    Department.
13        (l) To report annually to the Governor on the
14    committed persons, institutions and programs of the
15    Department.
16        (l-5) (Blank).
17        (m) To make all rules and regulations and exercise all
18    powers and duties vested by law in the Department.
19        (n) To establish rules and regulations for
20    administering a system of sentence credits, established in
21    accordance with Section 3-6-3, subject to review by the
22    Prisoner Review Board.
23        (o) To administer the distribution of funds from the
24    State Treasury to reimburse counties where State penal
25    institutions are located for the payment of assistant
26    state's attorneys' salaries under Section 4-2001 of the

 

 

HB3513- 24 -LRB102 14063 RLC 19415 b

1    Counties Code.
2        (p) To exchange information with the Department of
3    Human Services and the Department of Healthcare and Family
4    Services for the purpose of verifying living arrangements
5    and for other purposes directly connected with the
6    administration of this Code and the Illinois Public Aid
7    Code.
8        (q) To establish a diversion program.
9        The program shall provide a structured environment for
10    selected technical parole or mandatory supervised release
11    violators and committed persons who have violated the
12    rules governing their conduct while in work release. This
13    program shall not apply to those persons who have
14    committed a new offense while serving on parole or
15    mandatory supervised release or while committed to work
16    release.
17        Elements of the program shall include, but shall not
18    be limited to, the following:
19            (1) The staff of a diversion facility shall
20        provide supervision in accordance with required
21        objectives set by the facility.
22            (2) Participants shall be required to maintain
23        employment.
24            (3) Each participant shall pay for room and board
25        at the facility on a sliding-scale basis according to
26        the participant's income.

 

 

HB3513- 25 -LRB102 14063 RLC 19415 b

1            (4) Each participant shall:
2                (A) provide restitution to victims in
3            accordance with any court order;
4                (B) provide financial support to his
5            dependents; and
6                (C) make appropriate payments toward any other
7            court-ordered obligations.
8            (5) Each participant shall complete community
9        service in addition to employment.
10            (6) Participants shall take part in such
11        counseling, educational and other programs as the
12        Department may deem appropriate.
13            (7) Participants shall submit to drug and alcohol
14        screening.
15            (8) The Department shall promulgate rules
16        governing the administration of the program.
17        (r) To enter into intergovernmental cooperation
18    agreements under which persons in the custody of the
19    Department may participate in a county impact
20    incarceration program established under Section 3-6038 or
21    3-15003.5 of the Counties Code.
22        (r-5) (Blank).
23        (r-10) To systematically and routinely identify with
24    respect to each streetgang active within the correctional
25    system: (1) each active gang; (2) every existing
26    inter-gang affiliation or alliance; and (3) the current

 

 

HB3513- 26 -LRB102 14063 RLC 19415 b

1    leaders in each gang. The Department shall promptly
2    segregate leaders from inmates who belong to their gangs
3    and allied gangs. "Segregate" means no physical contact
4    and, to the extent possible under the conditions and space
5    available at the correctional facility, prohibition of
6    visual and sound communication. For the purposes of this
7    paragraph (r-10), "leaders" means persons who:
8            (i) are members of a criminal streetgang;
9            (ii) with respect to other individuals within the
10        streetgang, occupy a position of organizer,
11        supervisor, or other position of management or
12        leadership; and
13            (iii) are actively and personally engaged in
14        directing, ordering, authorizing, or requesting
15        commission of criminal acts by others, which are
16        punishable as a felony, in furtherance of streetgang
17        related activity both within and outside of the
18        Department of Corrections.
19    "Streetgang", "gang", and "streetgang related" have the
20    meanings ascribed to them in Section 10 of the Illinois
21    Streetgang Terrorism Omnibus Prevention Act.
22        (s) To operate a super-maximum security institution,
23    in order to manage and supervise inmates who are
24    disruptive or dangerous and provide for the safety and
25    security of the staff and the other inmates.
26        (t) To monitor any unprivileged conversation or any

 

 

HB3513- 27 -LRB102 14063 RLC 19415 b

1    unprivileged communication, whether in person or by mail,
2    telephone, or other means, between an inmate who, before
3    commitment to the Department, was a member of an organized
4    gang and any other person without the need to show cause or
5    satisfy any other requirement of law before beginning the
6    monitoring, except as constitutionally required. The
7    monitoring may be by video, voice, or other method of
8    recording or by any other means. As used in this
9    subdivision (1)(t), "organized gang" has the meaning
10    ascribed to it in Section 10 of the Illinois Streetgang
11    Terrorism Omnibus Prevention Act.
12        As used in this subdivision (1)(t), "unprivileged
13    conversation" or "unprivileged communication" means a
14    conversation or communication that is not protected by any
15    privilege recognized by law or by decision, rule, or order
16    of the Illinois Supreme Court.
17        (u) To establish a Women's and Children's Pre-release
18    Community Supervision Program for the purpose of providing
19    housing and services to eligible female inmates, as
20    determined by the Department, and their newborn and young
21    children.
22        (u-5) To issue an order, whenever a person committed
23    to the Department absconds or absents himself or herself,
24    without authority to do so, from any facility or program
25    to which he or she is assigned. The order shall be
26    certified by the Director, the Supervisor of the

 

 

HB3513- 28 -LRB102 14063 RLC 19415 b

1    Apprehension Unit, or any person duly designated by the
2    Director, with the seal of the Department affixed. The
3    order shall be directed to all sheriffs, coroners, and
4    police officers, or to any particular person named in the
5    order. Any order issued pursuant to this subdivision (1)
6    (u-5) shall be sufficient warrant for the officer or
7    person named in the order to arrest and deliver the
8    committed person to the proper correctional officials and
9    shall be executed the same as criminal process.
10        (v) To do all other acts necessary to carry out the
11    provisions of this Chapter.
12    (2) The Department of Corrections shall by January 1,
131998, consider building and operating a correctional facility
14within 100 miles of a county of over 2,000,000 inhabitants,
15especially a facility designed to house juvenile participants
16in the impact incarceration program.
17    (3) When the Department lets bids for contracts for
18medical services to be provided to persons committed to
19Department facilities by a health maintenance organization,
20medical service corporation, or other health care provider,
21the bid may only be let to a health care provider that has
22obtained an irrevocable letter of credit or performance bond
23issued by a company whose bonds have an investment grade or
24higher rating by a bond rating organization.
25    (4) When the Department lets bids for contracts for food
26or commissary services to be provided to Department

 

 

HB3513- 29 -LRB102 14063 RLC 19415 b

1facilities, the bid may only be let to a food or commissary
2services provider that has obtained an irrevocable letter of
3credit or performance bond issued by a company whose bonds
4have an investment grade or higher rating by a bond rating
5organization.
6    (5) On and after the date 6 months after August 16, 2013
7(the effective date of Public Act 98-488), as provided in the
8Executive Order 1 (2012) Implementation Act, all of the
9powers, duties, rights, and responsibilities related to State
10healthcare purchasing under this Code that were transferred
11from the Department of Corrections to the Department of
12Healthcare and Family Services by Executive Order 3 (2005) are
13transferred back to the Department of Corrections; however,
14powers, duties, rights, and responsibilities related to State
15healthcare purchasing under this Code that were exercised by
16the Department of Corrections before the effective date of
17Executive Order 3 (2005) but that pertain to individuals
18resident in facilities operated by the Department of Juvenile
19Justice are transferred to the Department of Juvenile Justice.
20(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
21101-235, eff. 1-1-20.)
 
22    (730 ILCS 5/3-2.5-20)
23    Sec. 3-2.5-20. General powers and duties.
24    (a) In addition to the powers, duties, and
25responsibilities which are otherwise provided by law or

 

 

HB3513- 30 -LRB102 14063 RLC 19415 b

1transferred to the Department as a result of this Article, the
2Department, as determined by the Director, shall have, but is
3are not limited to, the following rights, powers, functions,
4and duties:
5        (1) To accept juveniles committed to it by the courts
6    of this State for care, custody, treatment, and
7    rehabilitation.
8        (2) To maintain and administer all State juvenile
9    youth centers correctional institutions previously under
10    the control of the Juvenile and Women's & Children
11    Divisions of the Department of Corrections, and to
12    establish and maintain youth centers institutions as
13    needed to meet the needs of the youth committed to its
14    care.
15        (3) To identify the need for and recommend the funding
16    and implementation of an appropriate mix of programs and
17    services within the juvenile justice continuum, including,
18    but not limited to, prevention, nonresidential and
19    residential commitment programs, day treatment, and
20    conditional release programs and services, with the
21    support of educational, vocational, alcohol, drug abuse,
22    and mental health services where appropriate.
23        (3.5) To assist youth committed to the Department of
24    Juvenile Justice under the Juvenile Court Act of 1987 with
25    successful reintegration into society, the Department
26    shall retain custody and control of all adjudicated

 

 

HB3513- 31 -LRB102 14063 RLC 19415 b

1    delinquent juveniles released under Section 3-2.5-85 or
2    3-3-10 of this Code, shall provide a continuum of
3    post-release treatment and services to those youth, and
4    shall supervise those youth during their release period in
5    accordance with the conditions set by the Department or
6    the Prisoner Review Board.
7        (4) To establish and provide transitional and
8    post-release treatment programs for juveniles committed to
9    the Department. Services shall include, but are not
10    limited to:
11            (i) family and individual counseling and treatment
12        placement;
13            (ii) referral services to any other State or local
14        agencies;
15            (iii) mental health services;
16            (iv) educational services;
17            (v) family counseling services; and
18            (vi) substance abuse services.
19        (5) To access vital records of juveniles for the
20    purposes of providing necessary documentation for
21    transitional services such as obtaining identification,
22    educational enrollment, employment, and housing.
23        (6) To develop staffing and workload standards and
24    coordinate staff development and training appropriate for
25    juvenile populations.
26        (6.5) To develop policies and procedures promoting

 

 

HB3513- 32 -LRB102 14063 RLC 19415 b

1    family engagement and visitation appropriate for juvenile
2    populations.
3        (7) To develop, with the approval of the Office of the
4    Governor and the Governor's Office of Management and
5    Budget, annual budget requests.
6        (8) To administer the Interstate Compact for
7    Juveniles, with respect to all juveniles under its
8    jurisdiction, and to cooperate with the Department of
9    Human Services with regard to all non-offender juveniles
10    subject to the Interstate Compact for Juveniles.
11        (9) To decide the date of release on aftercare for
12    youth committed to the Department under Section 5-750 of
13    the Juvenile Court Act of 1987.
14        (10) To set conditions of aftercare release for all
15    youth committed to the Department under the Juvenile Court
16    Act of 1987.
17    (b) The Department may employ personnel in accordance with
18the Personnel Code and Section 3-2.5-15 of this Code, provide
19facilities, contract for goods and services, and adopt rules
20as necessary to carry out its functions and purposes, all in
21accordance with applicable State and federal law.
22    (c) On and after the date 6 months after August 16, 2013
23(the effective date of Public Act 98-488), as provided in the
24Executive Order 1 (2012) Implementation Act, all of the
25powers, duties, rights, and responsibilities related to State
26healthcare purchasing under this Code that were transferred

 

 

HB3513- 33 -LRB102 14063 RLC 19415 b

1from the Department of Corrections to the Department of
2Healthcare and Family Services by Executive Order 3 (2005) are
3transferred back to the Department of Corrections; however,
4powers, duties, rights, and responsibilities related to State
5healthcare purchasing under this Code that were exercised by
6the Department of Corrections before the effective date of
7Executive Order 3 (2005) but that pertain to individuals
8resident in facilities operated by the Department of Juvenile
9Justice are transferred to the Department of Juvenile Justice.
10    (d) To maintain and administer all State youth centers and
11facilities under its control and to establish new ones as
12needed. Pursuant to its power to establish new youth centers
13and facilities, the Department may, with the written approval
14of the Governor, authorize the Department of Central
15Management Services to enter into an agreement of the type
16described in subsection (d) of Section 405-300 of the
17Department of Central Management Services Law. The Department
18shall designate those institutions which shall constitute the
19Youth Corrections System.
20    Pursuant to its power to establish new institutions and
21facilities, the Department may authorize the Department of
22Central Management Services to accept bids from counties and
23municipalities for the construction, remodeling or conversion
24of a structure to be leased to the Department of Juvenile
25Justice for the purposes of its serving as a youth center or
26facility. Such construction, remodeling or conversion may be

 

 

HB3513- 34 -LRB102 14063 RLC 19415 b

1financed with revenue bonds issued pursuant to the Industrial
2Building Revenue Bond Act by the municipality or county. The
3lease specified in a bid shall be for a term of not less than
4the time needed to retire any revenue bonds used to finance the
5project, but not to exceed 40 years. The lease may grant to the
6State the option to purchase the structure outright.
7    Upon receipt of the bids, the Department may certify one
8or more of the bids and shall submit any such bids to the
9General Assembly for approval. Upon approval of a bid by a
10constitutional majority of both houses of the General
11Assembly, pursuant to joint resolution, the Department of
12Central Management Services may enter into an agreement with
13the county or municipality pursuant to such bid.
14(Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.)
 
15    (730 ILCS 5/3-2.5-85)
16    Sec. 3-2.5-85. Eligibility for release; determination.
17    (a) Every youth committed to the Department of Juvenile
18Justice under Section 5-750 of the Juvenile Court Act of 1987,
19except those committed for first degree murder, shall be:
20        (1) Eligible for aftercare release without regard to
21    the length of time the youth has been confined or whether
22    the youth has served any minimum term imposed.
23        (2) Placed on aftercare release on or before his or
24    her 20th birthday or upon completion of the maximum term
25    of confinement ordered by the court under Section 5-710 of

 

 

HB3513- 35 -LRB102 14063 RLC 19415 b

1    the Juvenile Court Act of 1987, whichever is sooner.
2        (3) Considered for aftercare release at least 30 days
3    prior to the expiration of the first year of confinement
4    and at least annually thereafter.
5    (b) This Section does not apply to the initial release of
6youth committed to the Department under Section 5-815 or 5-820
7of the Juvenile Court Act of 1987. Those youth shall be
8released by the Department upon completion of the determinate
9sentence established under this Code. Subsections (d) through
10(l) of this Section do not apply when a youth is released under
11paragraph (2) of subsection (a) of this Section or the youth's
12release is otherwise required by law or ordered by the court.
13Youth who have been tried as an adult and committed to the
14Department under Section 5-8-6 of this Code are only eligible
15for mandatory supervised release as an adult under Section
163-3-3 of this Code.
17    (c) The Department shall establish a process for deciding
18the date of release on aftercare for every youth committed to
19the Department of Juvenile Justice under Section 5-750 of the
20Juvenile Court Act of 1987. The process shall include
21establishing a target release date upon commitment to the
22Department, the regular review and appropriate adjustment of
23the target release date, and the final release consideration
24at least 30 days prior to the youth's target release date. The
25establishment, adjustment, and final consideration of the
26target release date shall include consideration of the

 

 

HB3513- 36 -LRB102 14063 RLC 19415 b

1following factors:
2        (1) the nature and seriousness of the youth's offense;
3        (2) the likelihood the youth will reoffend or will
4    pose a danger to the community based on an assessment of
5    the youth's risks, strengths, and behavior; and
6        (3) the youth's progress since being committed to the
7    Department.
8    The target release date for youth committed to the
9Department for first degree murder shall not precede the
10minimum period of confinement provided in Section 5-750 of the
11Juvenile Court Act of 1987. These youth shall be considered
12for release upon completion of their minimum term of
13confinement and at least annually thereafter. The target
14release date for youth committed to the Department as a
15Habitual Juvenile Offender or Violent Juvenile Offender under
16Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall
17be extended by not less than 12 months.
18    (d) If the youth being considered for aftercare release
19has a petition or any written submissions prepared on his or
20her behalf by an attorney or other representative, the
21attorney or representative for the youth must serve by
22certified mail the State's Attorney of the county where the
23youth was prosecuted with the petition or any written
24submissions 15 days prior to the youth's target release date.
25    (e) In making its determination of aftercare release, the
26Department shall consider:

 

 

HB3513- 37 -LRB102 14063 RLC 19415 b

1        (1) material transmitted to the Department by the
2    clerk of the committing court under Section 5-750 of the
3    Juvenile Court Act of 1987;
4        (2) the report under Section 3-10-2;
5        (3) a report by the Department and any report by the
6    chief administrative officer of the institution or
7    facility;
8        (4) an aftercare release progress report;
9        (5) a medical and psychological report, if available;
10        (6) material in writing, or on film, video tape or
11    other electronic means in the form of a recording
12    submitted by the youth whose aftercare release is being
13    considered;
14        (7) material in writing, or on film, video tape or
15    other electronic means in the form of a recording or
16    testimony submitted by the State's Attorney and the victim
17    or a concerned citizen under the Rights of Crime Victims
18    and Witnesses Act; and
19        (8) the youth's eligibility for commitment under the
20    Sexually Violent Persons Commitment Act.
21    (f) The prosecuting State's Attorney's office shall
22receive from the Department reasonable written notice not less
23than 30 days prior to the target release date and may submit
24relevant information by oral argument or testimony of victims
25and concerned citizens, or both, in writing, or on film, video
26tape or other electronic means or in the form of a recording to

 

 

HB3513- 38 -LRB102 14063 RLC 19415 b

1the Department for its consideration. The State's Attorney may
2waive the written notice of the target release date at any
3time. Upon written request of the State's Attorney's office,
4provided the request is received within 15 days of receipt of
5the written notice of the target release date, the Department
6shall hear protests to aftercare release. If a State's
7Attorney requests a protest hearing, the committed youth's
8attorney or other representative shall also receive notice of
9the request and a copy of any information submitted by the
10State's Attorney. This hearing shall take place prior to the
11youth's aftercare release. The Department shall schedule the
12protest hearing date, providing at least 15 days' notice to
13the State's Attorney. If the protest hearing is rescheduled,
14the Department shall promptly notify the State's Attorney of
15the new date.
16    (g) The victim of the violent crime for which the youth has
17been sentenced shall receive notice of the target release date
18as provided in paragraph (4) of subsection (d) of Section 4.5
19of the Rights of Crime Victims and Witnesses Act.
20    (h) The Department shall not release any material to the
21youth, the youth's attorney, any third party, or any other
22person containing any information from the victim or from a
23person related to the victim by blood, adoption, or marriage
24who has written objections, testified at any hearing, or
25submitted audio or visual objections to the youth's aftercare
26release, unless provided with a waiver from that objecting

 

 

HB3513- 39 -LRB102 14063 RLC 19415 b

1party. The Department shall not release the names or addresses
2of any person on its victim registry to any other person except
3the victim, a law enforcement agency, or other victim
4notification system.
5    (i) Any recording considered under the provisions of
6paragraph (6) or (7) of subsection (e) or subsection (f) of
7this Section shall be in the form designated by the
8Department. The recording shall be both visual and aural.
9Every voice on the recording and person present shall be
10identified and the recording shall contain either a visual or
11aural statement of the person submitting the recording, the
12date of the recording, and the name of the youth whose
13aftercare release is being considered. The recordings shall be
14retained by the Department and shall be considered during any
15subsequent aftercare release decision if the victim or State's
16Attorney submits in writing a declaration clearly identifying
17the recording as representing the position of the victim or
18State's Attorney regarding the release of the youth.
19    (j) The Department shall not release a youth eligible for
20aftercare release if it determines that:
21        (1) there is a substantial risk that he or she will not
22    conform to reasonable conditions of aftercare release;
23        (2) his or her release at that time would deprecate
24    the seriousness of his or her offense or promote
25    disrespect for the law; or
26        (3) his or her release would have a substantially

 

 

HB3513- 40 -LRB102 14063 RLC 19415 b

1    adverse effect on institutional discipline.
2    (k) The Department shall render its release decision and
3shall state the basis therefor both in the records of the
4Department and in written notice to the youth who was
5considered for aftercare release. In its decision, the
6Department shall set the youth's time for aftercare release,
7or if it denies aftercare release it shall provide for
8reconsideration of aftercare release not less frequently than
9once each year.
10    (l) The Department shall ensure all evaluations and
11proceedings under the Sexually Violent Persons Commitment Act
12are completed prior to any youth's release, when applicable.
13    (m) Any youth whose aftercare release has been revoked by
14the Prisoner Review Board under Section 3-3-9.5 of this Code
15may be rereleased to the full aftercare release term by the
16Department at any time in accordance with this Section. Youth
17rereleased under this subsection shall be subject to Sections
183-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5
19of this Code.
20    (n) The Department shall adopt rules regarding the
21exercise of its discretion under this Section.
22(Source: P.A. 99-628, eff. 1-1-17.)
 
23    (730 ILCS 5/3-4-1)  (from Ch. 38, par. 1003-4-1)
24    Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
25Department of Corrections Reimbursement and Education Fund.

 

 

HB3513- 41 -LRB102 14063 RLC 19415 b

1    (a) The Department may accept, receive and use, for and in
2behalf of the State, any moneys, goods or services given for
3general purposes of this Code by the federal government or
4from any other source, public or private, including
5collections from inmates, reimbursement of payments under the
6Workers' Compensation Act, and commissions from inmate collect
7call telephone systems under an agreement with the Department
8of Central Management Services. For these purposes the
9Department may comply with such conditions and enter into such
10agreements upon such covenants, terms, and conditions as the
11Department may deem necessary or desirable, if the agreement
12is not in conflict with State law.
13    (a-5) Beginning January 1, 2018, the Department of Central
14Management Services shall contract with the qualified vendor
15who proposes the lowest per minute rate not exceeding 7 cents
16per minute for debit, prepaid, collect calls and who does not
17bill to any party any tax, service charge, or additional fee
18exceeding the per minute rate, including, but not limited to,
19any per call surcharge, account set up fee, bill statement
20fee, monthly account maintenance charge, or refund fee as
21established by the Federal Communications Commission Order for
22state prisons in the Matter of Rates for Interstate Inmate
23Calling Services, Second Report and Order, WC Docket 12-375,
24FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
25available through a prepaid or collect call system shall
26include international calls; those calls shall be made

 

 

HB3513- 42 -LRB102 14063 RLC 19415 b

1available at reasonable rates subject to Federal
2Communications Commission rules and regulations, but not to
3exceed 23 cents per minute. This amendatory Act of the 99th
4General Assembly applies to any new or renewal contract for
5inmate calling services.
6    (b) On July 1, 1998, the Department of Corrections
7Reimbursement Fund and the Department of Corrections Education
8Fund shall be combined into a single fund to be known as the
9Department of Corrections Reimbursement and Education Fund,
10which is hereby created as a special fund in the State
11Treasury. The moneys deposited into the Department of
12Corrections Reimbursement and Education Fund shall be
13appropriated to the Department of Corrections for the expenses
14of the Department.
15    The following shall be deposited into the Department of
16Corrections Reimbursement and Education Fund:
17        (i) Moneys received or recovered by the Department of
18    Corrections as reimbursement for expenses incurred for the
19    incarceration of committed persons.
20        (ii) Moneys received or recovered by the Department as
21    reimbursement of payments made under the Workers'
22    Compensation Act.
23        (iii) Moneys received by the Department as commissions
24    from inmate collect call telephone systems.
25        (iv) Moneys received or recovered by the Department as
26    reimbursement for expenses incurred by the employment of

 

 

HB3513- 43 -LRB102 14063 RLC 19415 b

1    persons referred to the Department as participants in the
2    federal Job Training Partnership Act programs.
3        (v) Federal moneys, including reimbursement and
4    advances for services rendered or to be rendered and
5    moneys for other than educational purposes, under grant or
6    contract.
7        (vi) Moneys identified for deposit into the Fund under
8    Section 13-44.4 of the School Code.
9        (vii) Moneys in the Department of Corrections
10    Reimbursement Fund and the Department of Corrections
11    Education Fund at the close of business on June 30, 1998.
12    (c) The Department of Juvenile Justice Reimbursement and
13Education Fund is created as a special fund in the State
14Treasury. The moneys deposited into the Department of Juvenile
15Justice Reimbursement Fund and Education shall be appropriated
16to the Department of Juvenile Justice for the expenses of the
17Department. The following moneys shall be deposited into the
18Department of Juvenile Justice Reimbursement Fund and
19Education Fund:
20        (i) received or recovered by the Department of
21    Juvenile Justice as reimbursement for expenses incurred
22    for the incarceration of committed youth;
23        (ii) received or recovered by the Department as
24    reimbursement of payments made under the Workers'
25    Compensation Act;
26        (iii) received or recovered by the Department as

 

 

HB3513- 44 -LRB102 14063 RLC 19415 b

1    reimbursement for expenses incurred by the employment of
2    persons referred to the Department as participants in the
3    federal Job Training Partnership Act programs;
4        (iv) federal moneys, including reimbursement and
5    advances for services rendered or to be rendered and
6    moneys for other than educational purposes, under grant or
7    contract; and
8        (v) moneys identified for deposit into the Fund under
9    Section 13-44.4 of the School Code.
10(Source: P.A. 99-878, eff. 1-1-17.)
 
11    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
12    Sec. 3-6-2. Institutions and facility administration.
13    (a) Each institution and facility of the Department shall
14be administered by a chief administrative officer appointed by
15the Director. A chief administrative officer shall be
16responsible for all persons assigned to the institution or
17facility. The chief administrative officer shall administer
18the programs of the Department for the custody and treatment
19of such persons.
20    (b) The chief administrative officer shall have such
21assistants as the Department may assign.
22    (c) The Director or Assistant Director shall have the
23emergency powers to temporarily transfer individuals without
24formal procedures to any State, county, municipal or regional
25correctional or detention institution or facility in the

 

 

HB3513- 45 -LRB102 14063 RLC 19415 b

1State, subject to the acceptance of such receiving institution
2or facility, or to designate any reasonably secure place in
3the State as such an institution or facility and to make
4transfers thereto. However, transfers made under emergency
5powers shall be reviewed as soon as practicable under Article
68, and shall be subject to Section 5-905 of the Juvenile Court
7Act of 1987. This Section shall not apply to transfers to the
8Department of Human Services which are provided for under
9Section 3-8-5 or Section 3-10-5.
10    (d) The Department of Juvenile Justice shall provide
11educational programs for all committed youth persons so that
12all youth persons have an opportunity to attain the
13achievement level equivalent to the completion of the twelfth
14grade in the public school system in this State. Other higher
15levels of attainment shall be encouraged and professional
16instruction shall be maintained wherever possible. The
17Department may establish programs of mandatory education and
18may establish rules and regulations for the administration of
19such programs. A person committed to the Department of
20Corrections who, during the period of his or her
21incarceration, participates in an educational program provided
22by or through the Department of Corrections and through that
23program is awarded or earns the number of hours of credit
24required for the award of an associate, baccalaureate, or
25higher degree from a community college, college, or university
26located in Illinois shall reimburse the State, through the

 

 

HB3513- 46 -LRB102 14063 RLC 19415 b

1Department of Corrections, for the costs incurred by the State
2in providing that person during his or her incarceration with
3the education that qualifies him or her for the award of that
4degree. The costs for which reimbursement is required under
5this subsection shall be determined and computed by the
6Department of Corrections under rules and regulations that it
7shall establish for that purpose. However, interest at the
8rate of 6% per annum shall be charged on the balance of those
9costs from time to time remaining unpaid, from the date of the
10person's parole, mandatory supervised release, or release
11constituting a final termination of his or her commitment to
12the Department of Corrections until paid.
13    (d-5) A person committed to the Department is entitled to
14confidential testing for infection with human immunodeficiency
15virus (HIV) and to counseling in connection with such testing,
16with no copay to the committed person. A person committed to
17the Department who has tested positive for infection with HIV
18is entitled to medical care while incarcerated, counseling,
19and referrals to support services, in connection with that
20positive test result. Implementation of this subsection (d-5)
21is subject to appropriation.
22    (e) A person committed to the Department who becomes in
23need of medical or surgical treatment but is incapable of
24giving consent thereto shall receive such medical or surgical
25treatment by the chief administrative officer consenting on
26the person's behalf. Before the chief administrative officer

 

 

HB3513- 47 -LRB102 14063 RLC 19415 b

1consents, he or she shall obtain the advice of one or more
2physicians licensed to practice medicine in all its branches
3in this State. If such physician or physicians advise:
4        (1) that immediate medical or surgical treatment is
5    required relative to a condition threatening to cause
6    death, damage or impairment to bodily functions, or
7    disfigurement; and
8        (2) that the person is not capable of giving consent
9    to such treatment; the chief administrative officer may
10    give consent for such medical or surgical treatment, and
11    such consent shall be deemed to be the consent of the
12    person for all purposes, including, but not limited to,
13    the authority of a physician to give such treatment.
14    (e-5) If a physician providing medical care to a committed
15person on behalf of the Department advises the chief
16administrative officer that the committed person's mental or
17physical health has deteriorated as a result of the cessation
18of ingestion of food or liquid to the point where medical or
19surgical treatment is required to prevent death, damage, or
20impairment to bodily functions, the chief administrative
21officer may authorize such medical or surgical treatment.
22    (f) In the event that the person requires medical care and
23treatment at a place other than the institution or facility,
24the person may be removed therefrom under conditions
25prescribed by the Department. Neither the Department of
26Corrections nor the Department of Juvenile Justice may require

 

 

HB3513- 48 -LRB102 14063 RLC 19415 b

1a committed person or person committed to any facility
2operated by the Department of Juvenile Justice, as set forth
3in Section 3-2.5-15 of this Code, to pay any co-payment for
4receiving medical or dental services.
5    (f-5) The Department shall comply with the Health Care
6Violence Prevention Act.
7    (g) Any person having sole custody of a child at the time
8of commitment or any woman giving birth to a child after her
9commitment, may arrange through the Department of Children and
10Family Services for suitable placement of the child outside of
11the Department of Corrections. The Director of the Department
12of Corrections may determine that there are special reasons
13why the child should continue in the custody of the mother
14until the child is 6 years old.
15    (h) The Department may provide Family Responsibility
16Services which may consist of, but not be limited to the
17following:
18        (1) family advocacy counseling;
19        (2) parent self-help group;
20        (3) parenting skills training;
21        (4) parent and child overnight program;
22        (5) parent and child reunification counseling, either
23    separately or together, preceding the inmate's release;
24    and
25        (6) a prerelease reunification staffing involving the
26    family advocate, the inmate and the child's counselor, or

 

 

HB3513- 49 -LRB102 14063 RLC 19415 b

1    both and the inmate.
2    (i) (Blank).
3    (j) Any person convicted of a sex offense as defined in the
4Sex Offender Management Board Act shall be required to receive
5a sex offender evaluation prior to release into the community
6from the Department of Corrections. The sex offender
7evaluation shall be conducted in conformance with the
8standards and guidelines developed under the Sex Offender
9Management Board Act and by an evaluator approved by the
10Board.
11    (k) Any minor committed to the Department of Juvenile
12Justice for a sex offense as defined by the Sex Offender
13Management Board Act shall be required to undergo sex offender
14treatment by a treatment provider approved by the Board and
15conducted in conformance with the Sex Offender Management
16Board Act.
17    (l) Prior to the release of any inmate committed to a
18facility of the Department or the Department of Juvenile
19Justice, the Department must provide the inmate with
20appropriate information verbally, in writing, by video, or
21other electronic means, concerning HIV and AIDS. The
22Department shall develop the informational materials in
23consultation with the Department of Public Health. At the same
24time, the Department must also offer the committed person the
25option of testing for infection with human immunodeficiency
26virus (HIV), with no copayment for the test. Pre-test

 

 

HB3513- 50 -LRB102 14063 RLC 19415 b

1information shall be provided to the committed person and
2informed consent obtained as required in subsection (d) of
3Section 3 and Section 5 of the AIDS Confidentiality Act. The
4Department may conduct opt-out HIV testing as defined in
5Section 4 of the AIDS Confidentiality Act. If the Department
6conducts opt-out HIV testing, the Department shall place signs
7in English, Spanish and other languages as needed in multiple,
8highly visible locations in the area where HIV testing is
9conducted informing inmates that they will be tested for HIV
10unless they refuse, and refusal or acceptance of testing shall
11be documented in the inmate's medical record. The Department
12shall follow procedures established by the Department of
13Public Health to conduct HIV testing and testing to confirm
14positive HIV test results. All testing must be conducted by
15medical personnel, but pre-test and other information may be
16provided by committed persons who have received appropriate
17training. The Department, in conjunction with the Department
18of Public Health, shall develop a plan that complies with the
19AIDS Confidentiality Act to deliver confidentially all
20positive or negative HIV test results to inmates or former
21inmates. Nothing in this Section shall require the Department
22to offer HIV testing to an inmate who is known to be infected
23with HIV, or who has been tested for HIV within the previous
24180 days and whose documented HIV test result is available to
25the Department electronically. The testing provided under this
26subsection (l) shall consist of a test approved by the

 

 

HB3513- 51 -LRB102 14063 RLC 19415 b

1Illinois Department of Public Health to determine the presence
2of HIV infection, based upon recommendations of the United
3States Centers for Disease Control and Prevention. If the test
4result is positive, a reliable supplemental test based upon
5recommendations of the United States Centers for Disease
6Control and Prevention shall be administered.
7    Prior to the release of an inmate who the Department knows
8has tested positive for infection with HIV, the Department in
9a timely manner shall offer the inmate transitional case
10management, including referrals to other support services.
11    (m) The chief administrative officer of each institution
12or facility of the Department shall make a room in the
13institution or facility available for substance use disorder
14services to be provided to committed persons on a voluntary
15basis. The services shall be provided for one hour once a week
16at a time specified by the chief administrative officer of the
17institution or facility if the following conditions are met:
18        (1) the substance use disorder service contacts the
19    chief administrative officer to arrange the meeting;
20        (2) the committed person may attend the meeting for
21    substance use disorder services only if the committed
22    person uses pre-existing free time already available to
23    the committed person;
24        (3) all disciplinary and other rules of the
25    institution or facility remain in effect;
26        (4) the committed person is not given any additional

 

 

HB3513- 52 -LRB102 14063 RLC 19415 b

1    privileges to attend substance use disorder services;
2        (5) if the substance use disorder service does not
3    arrange for scheduling a meeting for that week, no
4    substance use disorder services shall be provided to the
5    committed person in the institution or facility for that
6    week;
7        (6) the number of committed persons who may attend a
8    substance use disorder meeting shall not exceed 40 during
9    any session held at the correctional institution or
10    facility;
11        (7) a volunteer seeking to provide substance use
12    disorder services under this subsection (m) must submit an
13    application to the Department of Corrections under
14    existing Department rules and the Department must review
15    the application within 60 days after submission of the
16    application to the Department; and
17        (8) each institution and facility of the Department
18    shall manage the substance use disorder services program
19    according to its own processes and procedures.
20    For the purposes of this subsection (m), "substance use
21disorder services" means recovery services for persons with
22substance use disorders provided by volunteers of recovery
23support services recognized by the Department of Human
24Services.
25(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;
26101-81, eff. 7-12-19; 101-86, eff. 1-1-20.)
 

 

 

HB3513- 53 -LRB102 14063 RLC 19415 b

1    (730 ILCS 5/3-10-8)  (from Ch. 38, par. 1003-10-8)
2    Sec. 3-10-8. Discipline.)
3    (a)(1) Corporal punishment and disciplinary restrictions
4on diet, medical or sanitary facilities, clothing, bedding or
5mail are prohibited, as are reductions in the frequency of use
6of toilets, washbowls and showers.
7    (2) Disciplinary restrictions on visitation, work,
8education or program assignments, the use of toilets,
9washbowls and showers shall be related as closely as
10practicable to abuse of such privileges or facilities. This
11paragraph shall not apply to segregation or isolation of
12persons for purposes of institutional control.
13    (3) No person committed to the Department of Juvenile
14Justice may be isolated for disciplinary reasons for more than
157 consecutive days nor more than 15 days out of any 30 day
16period except in cases of violence or attempted violence
17committed against another person or property when an
18additional period of isolation for disciplinary reasons is
19approved by the chief administrative officer. A person who has
20been isolated for 24 hours or more shall be interviewed daily
21by his staff counselor or other staff member.
22    (b) The Department of Juvenile Justice shall establish
23rules and regulations governing disciplinary practices, the
24penalties for violation thereof, and the disciplinary
25procedure by which such penalties may be imposed. The rules of

 

 

HB3513- 54 -LRB102 14063 RLC 19415 b

1behavior shall be made known to each committed person, and the
2discipline shall be suited to the infraction and fairly
3applied.
4    (c) All disciplinary action imposed upon persons in
5institutions and facilities of the Department of Juvenile
6Justice shall be consistent with this Section and Department
7rules and regulations adopted hereunder.
8    (d) Disciplinary action imposed under this Section shall
9be reviewed by the grievance procedure under Section 3-8-8.
10    (e) A written report of any infraction for which
11discipline is imposed shall be filed with the chief
12administrative officer within 72 hours of the occurrence of
13the infraction or the discovery of it and such report shall be
14placed in the file of the institution or facility.
15    (f) All institutions and facilities of the Department of
16Juvenile Justice shall establish, subject to the approval of
17the Director of Juvenile Justice, procedures for disciplinary
18cases except those that may involve the imposition of
19disciplinary isolation; delay in referral to the Prisoner
20Review Parole and Pardon Board or a change in work, education
21or other program assignment of more than 7 days duration.
22    (g) In disciplinary cases which may involve the imposition
23of disciplinary isolation, delay in referral to the Prisoner
24Review Parole and Pardon Board, or a change in work, education
25or other program assignment of more than 7 days duration, the
26Director shall establish disciplinary procedures consistent

 

 

HB3513- 55 -LRB102 14063 RLC 19415 b

1with the following principles:
2        (1) Any person or persons who initiate a disciplinary
3    charge against a person shall not decide the charge. To
4    the extent possible, a person representing the counseling
5    staff of the institution or facility shall participate in
6    deciding the disciplinary case.
7        (2) Any committed person charged with a violation of
8    Department rules of behavior shall be given notice of the
9    charge including a statement of the misconduct alleged and
10    of the rules this conduct is alleged to violate.
11        (3) Any person charged with a violation of rules is
12    entitled to a hearing on that charge at which time he shall
13    have an opportunity to appear before and address the
14    person or persons deciding the charge.
15        (4) The person or persons deciding the charge may also
16    summon to testify any witnesses or other persons with
17    relevant knowledge of the incident. The person charged may
18    be permitted to question any person so summoned.
19        (5) If the charge is sustained, the person charged is
20    entitled to a written statement of the decision by the
21    persons deciding the charge which shall include the basis
22    for the decision and the disciplinary action, if any, to
23    be imposed.
24        (6) A change in work, education, or other program
25    assignment shall not be used for disciplinary purposes
26    except as provided in paragraph (a) of the Section and

 

 

HB3513- 56 -LRB102 14063 RLC 19415 b

1    then only after review and approval under Section 3-10-3.
2(Source: P.A. 94-696, eff. 6-1-06.)
 
3    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
4    Sec. 5-8-4. Concurrent and consecutive terms of
5imprisonment.
6    (a) Concurrent terms; multiple or additional sentences.
7When an Illinois court (i) imposes multiple sentences of
8imprisonment on a defendant at the same time or (ii) imposes a
9sentence of imprisonment on a defendant who is already subject
10to a sentence of imprisonment imposed by an Illinois court, a
11court of another state, or a federal court, then the sentences
12shall run concurrently unless otherwise determined by the
13Illinois court under this Section.
14    (b) Concurrent terms; misdemeanor and felony. A defendant
15serving a sentence for a misdemeanor who is convicted of a
16felony and sentenced to imprisonment shall be transferred to
17the Department of Corrections, and the misdemeanor sentence
18shall be merged in and run concurrently with the felony
19sentence.
20    (c) Consecutive terms; permissive. The court may impose
21consecutive sentences in any of the following circumstances:
22        (1) If, having regard to the nature and circumstances
23    of the offense and the history and character of the
24    defendant, it is the opinion of the court that consecutive
25    sentences are required to protect the public from further

 

 

HB3513- 57 -LRB102 14063 RLC 19415 b

1    criminal conduct by the defendant, the basis for which the
2    court shall set forth in the record.
3        (2) If one of the offenses for which a defendant was
4    convicted was a violation of Section 32-5.2 (aggravated
5    false personation of a peace officer) of the Criminal Code
6    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
7    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
8    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
9    offense was committed in attempting or committing a
10    forcible felony.
11    (d) Consecutive terms; mandatory. The court shall impose
12consecutive sentences in each of the following circumstances:
13        (1) One of the offenses for which the defendant was
14    convicted was first degree murder or a Class X or Class 1
15    felony and the defendant inflicted severe bodily injury.
16        (2) The defendant was convicted of a violation of
17    Section 11-1.20 or 12-13 (criminal sexual assault),
18    11-1.30 or 12-14 (aggravated criminal sexual assault), or
19    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
20    child) of the Criminal Code of 1961 or the Criminal Code of
21    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
22    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
23    5/12-14.1).
24        (2.5) The defendant was convicted of a violation of
25    paragraph (1), (2), (3), (4), (5), or (7) of subsection
26    (a) of Section 11-20.1 (child pornography) or of paragraph

 

 

HB3513- 58 -LRB102 14063 RLC 19415 b

1    (1), (2), (3), (4), (5), or (7) of subsection (a) of
2    Section 11-20.1B or 11-20.3 (aggravated child pornography)
3    of the Criminal Code of 1961 or the Criminal Code of 2012;
4    or the defendant was convicted of a violation of paragraph
5    (6) of subsection (a) of Section 11-20.1 (child
6    pornography) or of paragraph (6) of subsection (a) of
7    Section 11-20.1B or 11-20.3 (aggravated child pornography)
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    when the child depicted is under the age of 13.
10        (3) The defendant was convicted of armed violence
11    based upon the predicate offense of any of the following:
12    solicitation of murder, solicitation of murder for hire,
13    heinous battery as described in Section 12-4.1 or
14    subdivision (a)(2) of Section 12-3.05, aggravated battery
15    of a senior citizen as described in Section 12-4.6 or
16    subdivision (a)(4) of Section 12-3.05, criminal sexual
17    assault, a violation of subsection (g) of Section 5 of the
18    Cannabis Control Act (720 ILCS 550/5), cannabis
19    trafficking, a violation of subsection (a) of Section 401
20    of the Illinois Controlled Substances Act (720 ILCS
21    570/401), controlled substance trafficking involving a
22    Class X felony amount of controlled substance under
23    Section 401 of the Illinois Controlled Substances Act (720
24    ILCS 570/401), a violation of the Methamphetamine Control
25    and Community Protection Act (720 ILCS 646/), calculated
26    criminal drug conspiracy, or streetgang criminal drug

 

 

HB3513- 59 -LRB102 14063 RLC 19415 b

1    conspiracy.
2        (4) The defendant was convicted of the offense of
3    leaving the scene of a motor vehicle accident involving
4    death or personal injuries under Section 11-401 of the
5    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
6    aggravated driving under the influence of alcohol, other
7    drug or drugs, or intoxicating compound or compounds, or
8    any combination thereof under Section 11-501 of the
9    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
10    homicide under Section 9-3 of the Criminal Code of 1961 or
11    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
12    offense described in item (A) and an offense described in
13    item (B).
14        (5) The defendant was convicted of a violation of
15    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
16    death) or Section 12-20.5 (dismembering a human body) of
17    the Criminal Code of 1961 or the Criminal Code of 2012 (720
18    ILCS 5/9-3.1 or 5/12-20.5).
19        (5.5) The defendant was convicted of a violation of
20    Section 24-3.7 (use of a stolen firearm in the commission
21    of an offense) of the Criminal Code of 1961 or the Criminal
22    Code of 2012.
23        (6) If the defendant was in the custody of the
24    Department of Corrections at the time of the commission of
25    the offense, the sentence shall be served consecutive to
26    the sentence under which the defendant is held by the

 

 

HB3513- 60 -LRB102 14063 RLC 19415 b

1    Department of Corrections. If, however, the defendant is
2    sentenced to punishment by death, the sentence shall be
3    executed at such time as the court may fix without regard
4    to the sentence under which the defendant may be held by
5    the Department.
6        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
7    for escape or attempted escape shall be served consecutive
8    to the terms under which the offender is held by the
9    Department of Corrections.
10        (8) If a person charged with a felony commits a
11    separate felony while on pretrial release or in pretrial
12    detention in a county jail facility or county detention
13    facility, then the sentences imposed upon conviction of
14    these felonies shall be served consecutively regardless of
15    the order in which the judgments of conviction are
16    entered.
17        (8.5) If a person commits a battery against a county
18    correctional officer or sheriff's employee while serving a
19    sentence or in pretrial detention in a county jail
20    facility, then the sentence imposed upon conviction of the
21    battery shall be served consecutively with the sentence
22    imposed upon conviction of the earlier misdemeanor or
23    felony, regardless of the order in which the judgments of
24    conviction are entered.
25        (9) If a person admitted to bail following conviction
26    of a felony commits a separate felony while free on bond or

 

 

HB3513- 61 -LRB102 14063 RLC 19415 b

1    if a person detained in a county jail facility or county
2    detention facility following conviction of a felony
3    commits a separate felony while in detention, then any
4    sentence following conviction of the separate felony shall
5    be consecutive to that of the original sentence for which
6    the defendant was on bond or detained.
7        (10) If a person is found to be in possession of an
8    item of contraband, as defined in Section 31A-0.1 of the
9    Criminal Code of 2012, while serving a sentence in a
10    county jail or while in pre-trial detention in a county
11    jail, the sentence imposed upon conviction for the offense
12    of possessing contraband in a penal institution shall be
13    served consecutively to the sentence imposed for the
14    offense in which the person is serving sentence in the
15    county jail or serving pretrial detention, regardless of
16    the order in which the judgments of conviction are
17    entered.
18        (11) If a person is sentenced for a violation of bail
19    bond under Section 32-10 of the Criminal Code of 1961 or
20    the Criminal Code of 2012, any sentence imposed for that
21    violation shall be served consecutive to the sentence
22    imposed for the charge for which bail had been granted and
23    with respect to which the defendant has been convicted.
24    (e) Consecutive terms; subsequent non-Illinois term. If an
25Illinois court has imposed a sentence of imprisonment on a
26defendant and the defendant is subsequently sentenced to a

 

 

HB3513- 62 -LRB102 14063 RLC 19415 b

1term of imprisonment by a court of another state or a federal
2court, then the Illinois sentence shall run consecutively to
3the sentence imposed by the court of the other state or the
4federal court. That same Illinois court, however, may order
5that the Illinois sentence run concurrently with the sentence
6imposed by the court of the other state or the federal court,
7but only if the defendant applies to that same Illinois court
8within 30 days after the sentence imposed by the court of the
9other state or the federal court is finalized.
10    (f) Consecutive terms; aggregate maximums and minimums.
11The aggregate maximum and aggregate minimum of consecutive
12sentences shall be determined as follows:
13        (1) For sentences imposed under law in effect prior to
14    February 1, 1978, the aggregate maximum of consecutive
15    sentences shall not exceed the maximum term authorized
16    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
17    Chapter V for the 2 most serious felonies involved. The
18    aggregate minimum period of consecutive sentences shall
19    not exceed the highest minimum term authorized under
20    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
21    V for the 2 most serious felonies involved. When sentenced
22    only for misdemeanors, a defendant shall not be
23    consecutively sentenced to more than the maximum for one
24    Class A misdemeanor.
25        (2) For sentences imposed under the law in effect on
26    or after February 1, 1978, the aggregate of consecutive

 

 

HB3513- 63 -LRB102 14063 RLC 19415 b

1    sentences for offenses that were committed as part of a
2    single course of conduct during which there was no
3    substantial change in the nature of the criminal objective
4    shall not exceed the sum of the maximum terms authorized
5    under Article 4.5 of Chapter V for the 2 most serious
6    felonies involved, but no such limitation shall apply for
7    offenses that were not committed as part of a single
8    course of conduct during which there was no substantial
9    change in the nature of the criminal objective. When
10    sentenced only for misdemeanors, a defendant shall not be
11    consecutively sentenced to more than the maximum for one
12    Class A misdemeanor.
13    (g) Consecutive terms; manner served. In determining the
14manner in which consecutive sentences of imprisonment, one or
15more of which is for a felony, will be served, the Department
16of Corrections shall treat the defendant as though he or she
17had been committed for a single term subject to each of the
18following:
19        (1) The maximum period of a term of imprisonment shall
20    consist of the aggregate of the maximums of the imposed
21    indeterminate terms, if any, plus the aggregate of the
22    imposed determinate sentences for felonies, plus the
23    aggregate of the imposed determinate sentences for
24    misdemeanors, subject to subsection (f) of this Section.
25        (2) The parole or mandatory supervised release term
26    shall be as provided in paragraph (e) of Section 5-4.5-50

 

 

HB3513- 64 -LRB102 14063 RLC 19415 b

1    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
2    involved.
3        (3) The minimum period of imprisonment shall be the
4    aggregate of the minimum and determinate periods of
5    imprisonment imposed by the court, subject to subsection
6    (f) of this Section.
7        (4) The defendant shall be awarded credit against the
8    aggregate maximum term and the aggregate minimum term of
9    imprisonment for all time served in an institution since
10    the commission of the offense or offenses and as a
11    consequence thereof at the rate specified in Section 3-6-3
12    (730 ILCS 5/3-6-3).
13    (h) Notwithstanding any other provisions of this Section,
14all sentences imposed by an Illinois court under this Code
15shall run concurrent to any and all sentences imposed under
16the Juvenile Court Act of 1987.
17(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;
1897-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.
191-1-14.)