Full Text of SB2061 97th General Assembly
SB2061 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2061 Introduced 2/10/2011, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 | 730 ILCS 5/3-2-2 | from Ch. 38, par. 1003-2-2 |
| Amends the Illinois Public Labor Relations Act. Provides that where an historical pattern of representation exists for the workers of a private medical vendor prior to becoming certified employees under the Personnel Code, the Board shall find the labor organization that has historically represented the workers to be the exclusive representative under the Act, and shall find the unit represented by the exclusive representative to be the appropriate unit. Provides that nothing shall preclude the exclusive representative of the workers from petitioning the Illinois Labor Relations Board for unit clarification to include any or all of the employees in an existing bargaining unit or units. Amends the Unified Code of Corrections. Provides that effective July 1, 2011, all contracts between the State and outside contractors to provide workers for medical services and related support services at all facilities of the Illinois Department of Corrections or the Department of Juvenile Justice shall be amended to allow for the conversion of vendor employees performing under the terms of a collective bargaining agreement to become employees of the State of Illinois. Provides that upon amendment of the contracts, each worker or staff member employed under the terms of a collective bargaining agreement shall be offered certified employment status under the Personnel Code with the State of Illinois. Provides that the position offered to each person shall be at the same facility and shall consist of the same duties and hours as previously existed under the amended contract or contracts.
Effective July 1, 2011.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB2061 | | LRB097 09378 RLC 49513 b |
|
| 1 | | AN ACT concerning medical services.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Section 3 as follows: | 6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 7 | | Sec. 3. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Board" means the Illinois
Labor Relations Board or, | 10 | | with respect to a matter over which the
jurisdiction of the | 11 | | Board is assigned to the State Panel or the Local Panel
under | 12 | | Section 5, the panel having jurisdiction over the matter.
| 13 | | (b) "Collective bargaining" means bargaining over terms | 14 | | and conditions
of employment, including hours, wages, and other | 15 | | conditions of employment,
as detailed in Section 7 and which | 16 | | are not excluded by Section 4.
| 17 | | (c) "Confidential employee" means an employee who, in the | 18 | | regular course
of his or her duties, assists and acts in a | 19 | | confidential capacity to persons
who formulate, determine, and | 20 | | effectuate management policies with regard
to labor relations | 21 | | or who, in the regular course of his or her duties, has
| 22 | | authorized access to information relating to the effectuation
| 23 | | or review of the employer's collective bargaining policies.
|
| | | SB2061 | - 2 - | LRB097 09378 RLC 49513 b |
|
| 1 | | (d) "Craft employees" means skilled journeymen, crafts | 2 | | persons, and their
apprentices and helpers.
| 3 | | (e) "Essential services employees" means those public | 4 | | employees
performing functions so essential that the | 5 | | interruption or termination of
the function will constitute a | 6 | | clear and present danger to the health and
safety of the | 7 | | persons in the affected community.
| 8 | | (f) "Exclusive representative", except with respect to | 9 | | non-State fire
fighters and paramedics employed by fire | 10 | | departments and fire protection
districts, non-State peace | 11 | | officers, and peace officers in the
Department of State Police, | 12 | | means the labor organization that has
been (i) designated by | 13 | | the Board as the representative of a majority of public
| 14 | | employees in an appropriate bargaining unit in accordance with | 15 | | the procedures
contained in this Act, (ii) historically
| 16 | | recognized by the State of Illinois or
any political | 17 | | subdivision of the State before July 1, 1984
(the effective | 18 | | date of this
Act) as the exclusive representative of the | 19 | | employees in an appropriate
bargaining unit, (iii) after July | 20 | | 1, 1984 (the
effective date of this Act) recognized by an
| 21 | | employer upon evidence, acceptable to the Board, that the labor
| 22 | | organization has been designated as the exclusive | 23 | | representative by a
majority of the employees in an appropriate | 24 | | bargaining unit;
(iv) recognized as the exclusive | 25 | | representative of personal care attendants
or personal
| 26 | | assistants under Executive Order 2003-8 prior to the effective |
| | | SB2061 | - 3 - | LRB097 09378 RLC 49513 b |
|
| 1 | | date of this
amendatory
Act of the 93rd General Assembly, and | 2 | | the organization shall be considered to
be the
exclusive | 3 | | representative of the personal care attendants or personal | 4 | | assistants
as defined
in this Section; or (v) recognized as the | 5 | | exclusive representative of child and day care home providers, | 6 | | including licensed and license exempt providers, pursuant to an | 7 | | election held under Executive Order 2005-1 prior to the | 8 | | effective date of this amendatory Act of the 94th General | 9 | | Assembly, and the organization shall be considered to be the | 10 | | exclusive representative of the child and day care home | 11 | | providers as defined in this Section.
| 12 | | With respect to non-State fire fighters and paramedics | 13 | | employed by fire
departments and fire protection districts, | 14 | | non-State peace officers, and
peace officers in the Department | 15 | | of State Police,
"exclusive representative" means the labor | 16 | | organization that has
been (i) designated by the Board as the | 17 | | representative of a majority of peace
officers or fire fighters | 18 | | in an appropriate bargaining unit in accordance
with the | 19 | | procedures contained in this Act, (ii)
historically recognized
| 20 | | by the State of Illinois or any political subdivision of the | 21 | | State before
January 1, 1986 (the effective date of this | 22 | | amendatory Act of 1985) as the exclusive
representative by a | 23 | | majority of the peace officers or fire fighters in an
| 24 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 25 | | (the effective date of this amendatory
Act of 1985) recognized | 26 | | by an employer upon evidence, acceptable to the
Board, that the |
| | | SB2061 | - 4 - | LRB097 09378 RLC 49513 b |
|
| 1 | | labor organization has been designated as the exclusive
| 2 | | representative by a majority of the peace officers or fire | 3 | | fighters in an
appropriate bargaining unit.
| 4 | | Where an historical pattern of representation exists for | 5 | | the workers of a private medical vendor prior to becoming | 6 | | certified employees under the Personnel Code, the Board shall | 7 | | find the labor organization that has historically represented | 8 | | the workers to be the exclusive representative under this Act, | 9 | | and shall find the unit represented by the exclusive | 10 | | representative to be the appropriate unit. Nothing shall | 11 | | preclude the exclusive representative of the workers from | 12 | | petitioning the Illinois Labor Relations Board for unit | 13 | | clarification to include any or all of the employees in an | 14 | | existing bargaining unit or units. | 15 | | (g) "Fair share agreement" means an agreement between the | 16 | | employer and
an employee organization under which all or any of | 17 | | the employees in a
collective bargaining unit are required to | 18 | | pay their proportionate share of
the costs of the collective | 19 | | bargaining process, contract administration, and
pursuing | 20 | | matters affecting wages, hours, and other conditions of | 21 | | employment,
but not to exceed the amount of dues uniformly | 22 | | required of members. The
amount certified by the exclusive | 23 | | representative shall not include any fees
for contributions | 24 | | related to the election or support of any candidate for
| 25 | | political office. Nothing in this subsection (g) shall
preclude | 26 | | an employee from making
voluntary political contributions in |
| | | SB2061 | - 5 - | LRB097 09378 RLC 49513 b |
|
| 1 | | conjunction with his or her fair share
payment.
| 2 | | (g-1) "Fire fighter" means, for the purposes of this Act | 3 | | only, any
person who has been or is hereafter appointed to a | 4 | | fire department or fire
protection district or employed by a | 5 | | state university and sworn or
commissioned to perform fire | 6 | | fighter duties or paramedic duties, except that the
following | 7 | | persons are not included: part-time fire fighters,
auxiliary, | 8 | | reserve or voluntary fire fighters, including paid on-call fire
| 9 | | fighters, clerks and dispatchers or other civilian employees of | 10 | | a fire
department or fire protection district who are not | 11 | | routinely expected to
perform fire fighter duties, or elected | 12 | | officials.
| 13 | | (g-2) "General Assembly of the State of Illinois" means the
| 14 | | legislative branch of the government of the State of Illinois, | 15 | | as provided
for under Article IV of the Constitution of the | 16 | | State of Illinois, and
includes but is not limited to the House | 17 | | of Representatives, the Senate,
the Speaker of the House of | 18 | | Representatives, the Minority Leader of the
House of | 19 | | Representatives, the President of the Senate, the Minority | 20 | | Leader
of the Senate, the Joint Committee on Legislative | 21 | | Support Services and any
legislative support services agency | 22 | | listed in the Legislative Commission
Reorganization Act of | 23 | | 1984.
| 24 | | (h) "Governing body" means, in the case of the State, the | 25 | | State Panel of
the Illinois Labor Relations Board, the Director | 26 | | of the Department of Central
Management Services, and the |
| | | SB2061 | - 6 - | LRB097 09378 RLC 49513 b |
|
| 1 | | Director of the Department of Labor; the county
board in the | 2 | | case of a county; the corporate authorities in the case of a
| 3 | | municipality; and the appropriate body authorized to provide | 4 | | for expenditures
of its funds in the case of any other unit of | 5 | | government.
| 6 | | (i) "Labor organization" means any organization in which | 7 | | public employees
participate and that exists for the purpose, | 8 | | in whole or in part, of dealing
with a public employer | 9 | | concerning wages, hours, and other terms and conditions
of | 10 | | employment, including the settlement of grievances.
| 11 | | (j) "Managerial employee" means an individual who is | 12 | | engaged
predominantly in executive and management functions | 13 | | and is charged with the
responsibility of directing the | 14 | | effectuation of management policies
and practices.
| 15 | | (k) "Peace officer" means, for the purposes of this Act | 16 | | only, any
persons who have been or are hereafter appointed to a | 17 | | police force,
department, or agency and sworn or commissioned | 18 | | to perform police duties,
except that the following persons are | 19 | | not
included: part-time police
officers, special police | 20 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 21 | | the Illinois Municipal Code, night watchmen, "merchant | 22 | | police",
court security officers as defined by Section 3-6012.1 | 23 | | of the Counties
Code,
temporary employees, traffic guards or | 24 | | wardens, civilian parking meter and
parking facilities | 25 | | personnel or other individuals specially appointed to
aid or | 26 | | direct traffic at or near schools or public functions or to aid |
| | | SB2061 | - 7 - | LRB097 09378 RLC 49513 b |
|
| 1 | | in
civil defense or disaster, parking enforcement employees who | 2 | | are not
commissioned as peace officers and who are not armed | 3 | | and who are not
routinely expected to effect arrests, parking | 4 | | lot attendants, clerks and
dispatchers or other civilian | 5 | | employees of a police department who are not
routinely expected | 6 | | to effect arrests, or elected officials.
| 7 | | (l) "Person" includes one or more individuals, labor | 8 | | organizations, public
employees, associations, corporations, | 9 | | legal representatives, trustees,
trustees in bankruptcy, | 10 | | receivers, or the State of Illinois or any political
| 11 | | subdivision of the State or governing body, but does not | 12 | | include the General
Assembly of the State of Illinois or any | 13 | | individual employed by the General
Assembly of the State of | 14 | | Illinois.
| 15 | | (m) "Professional employee" means any employee engaged in | 16 | | work predominantly
intellectual and varied in character rather | 17 | | than routine mental, manual,
mechanical or physical work; | 18 | | involving the consistent exercise of discretion
and adjustment | 19 | | in its performance; of such a character that the output | 20 | | produced
or the result accomplished cannot be standardized in | 21 | | relation to a given
period of time; and requiring advanced | 22 | | knowledge in a field of science or
learning customarily | 23 | | acquired by a prolonged course of specialized intellectual
| 24 | | instruction and study in an institution of higher learning or a | 25 | | hospital,
as distinguished from a general academic education or | 26 | | from apprenticeship
or from training in the performance of |
| | | SB2061 | - 8 - | LRB097 09378 RLC 49513 b |
|
| 1 | | routine mental, manual, or physical
processes; or any employee | 2 | | who has completed the courses of specialized
intellectual | 3 | | instruction and study prescribed in this subsection (m) and is
| 4 | | performing related
work under the supervision of a professional | 5 | | person to qualify to become
a professional employee as defined | 6 | | in this subsection (m).
| 7 | | (n) "Public employee" or "employee", for the purposes of | 8 | | this Act, means
any individual employed by a public employer, | 9 | | including (i) interns and residents
at public hospitals, (ii) | 10 | | as of the effective date of this amendatory Act of the 93rd | 11 | | General
Assembly, but not
before, personal care attendants and | 12 | | personal assistants working under the Home
Services
Program | 13 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 14 | | subject to
the
limitations set forth in this Act and in the | 15 | | Disabled Persons Rehabilitation
Act,
and (iii) as of the | 16 | | effective date of this amendatory Act of the 94th General | 17 | | Assembly, but not before, child and day care home providers | 18 | | participating in the child care assistance program under | 19 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 20 | | limitations set forth in this Act and in Section 9A-11 of the | 21 | | Illinois Public Aid Code, but excluding all of the following: | 22 | | employees of the
General Assembly of the State of Illinois; | 23 | | elected officials; executive
heads of a department; members of | 24 | | boards or commissions; the Executive
Inspectors General; any | 25 | | special Executive Inspectors General; employees of each
Office | 26 | | of an Executive Inspector General;
commissioners and employees |
| | | SB2061 | - 9 - | LRB097 09378 RLC 49513 b |
|
| 1 | | of the Executive Ethics Commission; the Auditor
General's | 2 | | Inspector General; employees of the Office of the Auditor | 3 | | General's
Inspector General; the Legislative Inspector | 4 | | General; any special Legislative
Inspectors General; employees | 5 | | of the Office
of the Legislative Inspector General;
| 6 | | commissioners and employees of the Legislative Ethics | 7 | | Commission;
employees
of any
agency, board or commission | 8 | | created by this Act; employees appointed to
State positions of | 9 | | a temporary or emergency nature; all employees of school
| 10 | | districts and higher education institutions except | 11 | | firefighters and peace
officers employed
by a state university | 12 | | and except peace officers employed by a school district in its | 13 | | own police department in existence on the effective date of | 14 | | this amendatory Act of the 96th General Assembly; managerial | 15 | | employees; short-term employees;
confidential employees; | 16 | | independent contractors; and supervisors except as
provided in | 17 | | this Act.
| 18 | | Personal care attendants and personal assistants shall not | 19 | | be considered
public
employees for any purposes not | 20 | | specifically provided for in the amendatory Act
of the
93rd | 21 | | General Assembly, including but not limited to, purposes of | 22 | | vicarious
liability in tort
and purposes of statutory | 23 | | retirement or health insurance benefits. Personal
care
| 24 | | attendants and personal assistants shall not be covered by the | 25 | | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 26 | | Child and day care home providers shall not be considered |
| | | SB2061 | - 10 - | LRB097 09378 RLC 49513 b |
|
| 1 | | public employees for any purposes not specifically provided for | 2 | | in this amendatory Act of the 94th General Assembly, including | 3 | | but not limited to, purposes of vicarious liability in tort and | 4 | | purposes of statutory retirement or health insurance benefits. | 5 | | Child and day care home providers shall not be covered by the | 6 | | State Employees Group Insurance Act of 1971. | 7 | | Notwithstanding Section 9, subsection (c), or any other | 8 | | provisions of
this Act, all peace officers above the rank of | 9 | | captain in
municipalities with more than 1,000,000 inhabitants | 10 | | shall be excluded
from this Act.
| 11 | | (o) Except as otherwise in subsection (o-5), "public | 12 | | employer" or "employer" means the State of Illinois; any
| 13 | | political subdivision of the State, unit of local government or | 14 | | school
district; authorities including departments, divisions, | 15 | | bureaus, boards,
commissions, or other agencies of the | 16 | | foregoing entities; and any person
acting within the scope of | 17 | | his or her authority, express or implied, on
behalf of those | 18 | | entities in dealing with its employees.
As of the effective | 19 | | date of the amendatory Act of the 93rd General Assembly,
but | 20 | | not
before, the State of Illinois shall be considered the | 21 | | employer of the personal
care
attendants and personal | 22 | | assistants working under the Home Services Program
under
| 23 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 24 | | to the
limitations set forth
in this Act and in the Disabled | 25 | | Persons Rehabilitation Act. The State shall not
be
considered | 26 | | to be the employer of personal care attendants and personal
|
| | | SB2061 | - 11 - | LRB097 09378 RLC 49513 b |
|
| 1 | | assistants for any
purposes not specifically provided for in | 2 | | this amendatory Act of the 93rd
General
Assembly, including but | 3 | | not limited to, purposes of vicarious liability in tort
and
| 4 | | purposes of statutory retirement or health insurance benefits. | 5 | | Personal care
attendants
and personal assistants shall not be | 6 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 7 | | ILCS 375/).
As of the effective date of this amendatory Act of | 8 | | the 94th General Assembly but not before, the State of Illinois | 9 | | shall be considered the employer of the day and child care home | 10 | | providers participating in the child care assistance program | 11 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 12 | | the limitations set forth in this Act and in Section 9A-11 of | 13 | | the Illinois Public Aid Code. The State shall not be considered | 14 | | to be the employer of child and day care home providers for any | 15 | | purposes not specifically provided for in this amendatory Act | 16 | | of the 94th General Assembly, including but not limited to, | 17 | | purposes of vicarious liability in tort and purposes of | 18 | | statutory retirement or health insurance benefits. Child and | 19 | | day care home providers shall not be covered by the State | 20 | | Employees Group Insurance Act of 1971. | 21 | | "Public employer" or
"employer" as used in this Act, | 22 | | however, does not
mean and shall not include the General | 23 | | Assembly of the State of Illinois,
the Executive Ethics | 24 | | Commission, the Offices of the Executive Inspectors
General, | 25 | | the Legislative Ethics Commission, the Office of the | 26 | | Legislative
Inspector General, the Office of the Auditor |
| | | SB2061 | - 12 - | LRB097 09378 RLC 49513 b |
|
| 1 | | General's Inspector General,
and educational employers or | 2 | | employers as defined in the Illinois
Educational Labor | 3 | | Relations Act, except with respect to a state university in
its | 4 | | employment of firefighters and peace officers and except with | 5 | | respect to a school district in the employment of peace | 6 | | officers in its own police department in existence on the | 7 | | effective date of this amendatory Act of the 96th General | 8 | | Assembly. County boards and county
sheriffs shall be
designated | 9 | | as joint or co-employers of county peace officers appointed
| 10 | | under the authority of a county sheriff. Nothing in this | 11 | | subsection
(o) shall be construed
to prevent the State Panel or | 12 | | the Local Panel
from determining that employers are joint or | 13 | | co-employers.
| 14 | | (o-5) With respect to
wages, fringe
benefits, hours, | 15 | | holidays, vacations, proficiency
examinations, sick leave, and | 16 | | other conditions of
employment, the public employer of public | 17 | | employees who are court reporters, as
defined in the Court | 18 | | Reporters Act, shall be determined as
follows:
| 19 | | (1) For court reporters employed by the Cook County | 20 | | Judicial
Circuit, the chief judge of the Cook County | 21 | | Circuit
Court is the public employer and employer | 22 | | representative.
| 23 | | (2) For court reporters employed by the 12th, 18th, | 24 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 25 | | circuits, a group consisting of the chief judges of those | 26 | | circuits, acting
jointly by majority vote, is the public |
| | | SB2061 | - 13 - | LRB097 09378 RLC 49513 b |
|
| 1 | | employer and employer representative.
| 2 | | (3) For court reporters employed by all other judicial | 3 | | circuits,
a group consisting of the chief judges of those | 4 | | circuits, acting jointly by
majority vote, is the public | 5 | | employer and employer representative.
| 6 | | (p) "Security employee" means an employee who is | 7 | | responsible for the
supervision and control of inmates at | 8 | | correctional facilities. The term
also includes other | 9 | | non-security employees in bargaining units having the
majority | 10 | | of employees being responsible for the supervision and control | 11 | | of
inmates at correctional facilities.
| 12 | | (q) "Short-term employee" means an employee who is employed | 13 | | for less
than 2 consecutive calendar quarters during a calendar | 14 | | year and who does
not have a reasonable assurance that he or | 15 | | she will be rehired by the
same employer for the same service | 16 | | in a subsequent calendar year.
| 17 | | (r) "Supervisor" is an employee whose principal work is | 18 | | substantially
different from that of his or her subordinates | 19 | | and who has authority, in the
interest of the employer, to | 20 | | hire, transfer, suspend, lay off, recall,
promote, discharge, | 21 | | direct, reward, or discipline employees, to adjust
their | 22 | | grievances, or to effectively recommend any of those actions, | 23 | | if the
exercise
of that authority is not of a merely routine or | 24 | | clerical nature, but
requires the consistent use of independent | 25 | | judgment. Except with respect to
police employment, the term | 26 | | "supervisor" includes only those individuals
who devote a |
| | | SB2061 | - 14 - | LRB097 09378 RLC 49513 b |
|
| 1 | | preponderance of their employment time to exercising that
| 2 | | authority, State supervisors notwithstanding. In addition, in | 3 | | determining
supervisory status in police employment, rank | 4 | | shall not be determinative.
The Board shall consider, as | 5 | | evidence of bargaining unit inclusion or
exclusion, the common | 6 | | law enforcement policies and relationships between
police | 7 | | officer ranks and certification under applicable civil service | 8 | | law,
ordinances, personnel codes, or Division 2.1 of Article 10 | 9 | | of the Illinois
Municipal Code, but these factors shall not
be | 10 | | the sole or predominant factors considered by the Board in | 11 | | determining
police supervisory status.
| 12 | | Notwithstanding the provisions of the preceding paragraph, | 13 | | in determining
supervisory status in fire fighter employment, | 14 | | no fire fighter shall be
excluded as a supervisor who has | 15 | | established representation rights under
Section 9 of this Act. | 16 | | Further, in new fire fighter units, employees shall
consist of | 17 | | fire fighters of the rank of company officer and below. If a | 18 | | company officer otherwise qualifies as a supervisor under the | 19 | | preceding paragraph, however, he or she shall
not be included | 20 | | in the fire fighter
unit. If there is no rank between that of | 21 | | chief and the
highest company officer, the employer may | 22 | | designate a position on each
shift as a Shift Commander, and | 23 | | the persons occupying those positions shall
be supervisors. All | 24 | | other ranks above that of company officer shall be
supervisors.
| 25 | | (s) (1) "Unit" means a class of jobs or positions that are | 26 | | held by
employees whose collective interests may suitably |
| | | SB2061 | - 15 - | LRB097 09378 RLC 49513 b |
|
| 1 | | be represented by a labor
organization for collective | 2 | | bargaining. Except with respect to non-State fire
fighters | 3 | | and paramedics employed by fire departments and fire | 4 | | protection
districts, non-State peace officers, and peace | 5 | | officers in the Department of
State Police, a bargaining | 6 | | unit determined by the Board shall not include both
| 7 | | employees and supervisors, or supervisors only, except as | 8 | | provided in paragraph
(2) of this subsection (s) and except | 9 | | for bargaining units in existence on July
1, 1984 (the | 10 | | effective date of this Act). With respect to non-State fire
| 11 | | fighters and paramedics employed by fire departments and | 12 | | fire protection
districts, non-State peace officers, and | 13 | | peace officers in the Department of
State Police, a | 14 | | bargaining unit determined by the Board shall not include | 15 | | both
supervisors and nonsupervisors, or supervisors only, | 16 | | except as provided in
paragraph (2) of this subsection (s) | 17 | | and except for bargaining units in
existence on January 1, | 18 | | 1986 (the effective date of this amendatory Act of
1985). A | 19 | | bargaining unit determined by the Board to contain peace | 20 | | officers
shall contain no employees other than peace | 21 | | officers unless otherwise agreed to
by the employer and the | 22 | | labor organization or labor organizations involved.
| 23 | | Notwithstanding any other provision of this Act, a | 24 | | bargaining unit, including a
historical bargaining unit, | 25 | | containing sworn peace officers of the Department
of | 26 | | Natural Resources (formerly designated the Department of |
| | | SB2061 | - 16 - | LRB097 09378 RLC 49513 b |
|
| 1 | | Conservation) shall
contain no employees other than such | 2 | | sworn peace officers upon the effective
date of this | 3 | | amendatory Act of 1990 or upon the expiration date of any
| 4 | | collective bargaining agreement in effect upon the | 5 | | effective date of this
amendatory Act of 1990 covering both | 6 | | such sworn peace officers and other
employees.
| 7 | | (2) Notwithstanding the exclusion of supervisors from | 8 | | bargaining units
as provided in paragraph (1) of this | 9 | | subsection (s), a public
employer may agree to permit its | 10 | | supervisory employees to form bargaining units
and may | 11 | | bargain with those units. This Act shall apply if the | 12 | | public employer
chooses to bargain under this subsection.
| 13 | | (3) Public employees who are court reporters, as | 14 | | defined
in the Court Reporters Act,
shall be divided into 3 | 15 | | units for collective bargaining purposes. One unit
shall be | 16 | | court reporters employed by the Cook County Judicial | 17 | | Circuit; one
unit shall be court reporters employed by the | 18 | | 12th, 18th, 19th, and, on and after December 4, 2006, the | 19 | | 22nd judicial
circuits; and one unit shall be court | 20 | | reporters employed by all other
judicial circuits.
| 21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)
| 22 | | Section 10. The Unified Code of Corrections is amended by | 23 | | changing Section 3-2-2 as follows:
| 24 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
|
| | | SB2061 | - 17 - | LRB097 09378 RLC 49513 b |
|
| 1 | | Sec. 3-2-2. Powers and Duties of the Department.
| 2 | | (1) In addition to the powers, duties and responsibilities | 3 | | which are
otherwise provided by law, the Department shall have | 4 | | the following powers:
| 5 | | (a) To accept persons committed to it by the courts of | 6 | | this State for
care, custody, treatment and | 7 | | rehabilitation, and to accept federal prisoners and aliens | 8 | | over whom the Office of the Federal Detention Trustee is | 9 | | authorized to exercise the federal detention function for | 10 | | limited purposes and periods of time.
| 11 | | (b) To develop and maintain reception and evaluation | 12 | | units for purposes
of analyzing the custody and | 13 | | rehabilitation needs of persons committed to
it and to | 14 | | assign such persons to institutions and programs under its | 15 | | control
or transfer them to other appropriate agencies. In | 16 | | consultation with the
Department of Alcoholism and | 17 | | Substance Abuse (now the Department of Human
Services), the | 18 | | Department of Corrections
shall develop a master plan for | 19 | | the screening and evaluation of persons
committed to its | 20 | | custody who have alcohol or drug abuse problems, and for
| 21 | | making appropriate treatment available to such persons; | 22 | | the Department
shall report to the General Assembly on such | 23 | | plan not later than April 1,
1987. The maintenance and | 24 | | implementation of such plan shall be contingent
upon the | 25 | | availability of funds.
| 26 | | (b-1) To create and implement, on January 1, 2002, a |
| | | SB2061 | - 18 - | LRB097 09378 RLC 49513 b |
|
| 1 | | pilot
program to
establish the effectiveness of | 2 | | pupillometer technology (the measurement of the
pupil's
| 3 | | reaction to light) as an alternative to a urine test for | 4 | | purposes of screening
and evaluating
persons committed to | 5 | | its custody who have alcohol or drug problems. The
pilot | 6 | | program shall require the pupillometer technology to be | 7 | | used in at
least one Department of
Corrections facility. | 8 | | The Director may expand the pilot program to include an
| 9 | | additional facility or
facilities as he or she deems | 10 | | appropriate.
A minimum of 4,000 tests shall be included in | 11 | | the pilot program.
The
Department must report to the
| 12 | | General Assembly on the
effectiveness of the program by | 13 | | January 1, 2003.
| 14 | | (b-5) To develop, in consultation with the Department | 15 | | of State Police, a
program for tracking and evaluating each | 16 | | inmate from commitment through release
for recording his or | 17 | | her gang affiliations, activities, or ranks.
| 18 | | (c) To maintain and administer all State correctional | 19 | | institutions and
facilities under its control and to | 20 | | establish new ones as needed. Pursuant
to its power to | 21 | | establish new institutions and facilities, the Department
| 22 | | may, with the written approval of the Governor, authorize | 23 | | the Department of
Central Management Services to enter into | 24 | | an agreement of the type
described in subsection (d) of | 25 | | Section 405-300 of the
Department
of Central Management | 26 | | Services Law (20 ILCS 405/405-300). The Department shall
|
| | | SB2061 | - 19 - | LRB097 09378 RLC 49513 b |
|
| 1 | | designate those institutions which
shall constitute the | 2 | | State Penitentiary System.
| 3 | | Pursuant to its power to establish new institutions and | 4 | | facilities, the
Department may authorize the Department of | 5 | | Central Management Services to
accept bids from counties | 6 | | and municipalities for the construction,
remodeling or | 7 | | conversion of a structure to be leased to the Department of
| 8 | | Corrections for the purposes of its serving as a | 9 | | correctional institution
or facility. Such construction, | 10 | | remodeling or conversion may be financed
with revenue bonds | 11 | | issued pursuant to the Industrial Building Revenue Bond
Act | 12 | | by the municipality or county. The lease specified in a bid | 13 | | shall be
for a term of not less than the time needed to | 14 | | retire any revenue bonds
used to finance the project, but | 15 | | not to exceed 40 years. The lease may
grant to the State | 16 | | the option to purchase the structure outright.
| 17 | | Upon receipt of the bids, the Department may certify | 18 | | one or more of the
bids and shall submit any such bids to | 19 | | the General Assembly for approval.
Upon approval of a bid | 20 | | by a constitutional majority of both houses of the
General | 21 | | Assembly, pursuant to joint resolution, the Department of | 22 | | Central
Management Services may enter into an agreement | 23 | | with the county or
municipality pursuant to such bid.
| 24 | | (c-5) To build and maintain regional juvenile | 25 | | detention centers and to
charge a per diem to the counties | 26 | | as established by the Department to defray
the costs of |
| | | SB2061 | - 20 - | LRB097 09378 RLC 49513 b |
|
| 1 | | housing each minor in a center. In this subsection (c-5),
| 2 | | "juvenile
detention center" means a facility to house | 3 | | minors during pendency of trial who
have been transferred | 4 | | from proceedings under the Juvenile Court Act of 1987 to
| 5 | | prosecutions under the criminal laws of this State in | 6 | | accordance with Section
5-805 of the Juvenile Court Act of | 7 | | 1987, whether the transfer was by operation
of
law or | 8 | | permissive under that Section. The Department shall | 9 | | designate the
counties to be served by each regional | 10 | | juvenile detention center.
| 11 | | (d) To develop and maintain programs of control, | 12 | | rehabilitation and
employment of committed persons within | 13 | | its institutions.
| 14 | | (d-5) To provide a pre-release job preparation program | 15 | | for inmates at Illinois adult correctional centers.
| 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 the | 21 | | 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 Director |
| | | SB2061 | - 21 - | LRB097 09378 RLC 49513 b |
|
| 1 | | of Transportation. The prisoners used on this
program shall | 2 | | be selected by the Director of Corrections on whatever | 3 | | basis
he deems proper in consideration of their term, | 4 | | behavior and earned eligibility
to participate in such | 5 | | program - where they will be outside of the prison
facility | 6 | | but still in the custody of the Department of Corrections. | 7 | | Prisoners
convicted of first degree murder, or a Class X | 8 | | felony, or armed violence, or
aggravated kidnapping, or | 9 | | criminal sexual assault, aggravated criminal sexual
abuse | 10 | | or a subsequent conviction for criminal sexual abuse, or | 11 | | forcible
detention, or arson, or a prisoner adjudged a | 12 | | Habitual Criminal shall not be
eligible for selection to | 13 | | participate in such program. The prisoners shall
remain as | 14 | | prisoners in the custody of the Department of Corrections | 15 | | and such
Department shall furnish whatever security is | 16 | | necessary. The Department of
Transportation shall furnish | 17 | | trucks and equipment for the highway cleanup
program and | 18 | | personnel to supervise and direct the program. Neither the
| 19 | | Department of Corrections nor the Department of | 20 | | Transportation shall replace
any regular employee with a | 21 | | 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, to inquire into any alleged |
| | | SB2061 | - 22 - | LRB097 09378 RLC 49513 b |
|
| 1 | | misconduct by employees
or committed persons, and to | 2 | | investigate the assets
of committed persons to implement | 3 | | Section 3-7-6 of this Code; and for
these purposes it may | 4 | | issue subpoenas and compel the attendance of witnesses
and | 5 | | the production of writings and papers, and may examine | 6 | | under oath any
witnesses who may appear before it; to also | 7 | | investigate alleged violations
of a parolee's or | 8 | | releasee's conditions of parole or release; and for this
| 9 | | purpose it may issue subpoenas and compel the attendance of | 10 | | witnesses and
the production of documents only if there is | 11 | | reason to believe that such
procedures would provide | 12 | | evidence that such violations have occurred.
| 13 | | If any person fails to obey a subpoena issued under | 14 | | this subsection,
the Director may apply to any circuit | 15 | | court to secure compliance with the
subpoena. The failure | 16 | | to comply with the order of the court issued in
response | 17 | | thereto shall be punishable as contempt of court.
| 18 | | (i) To appoint and remove the chief administrative | 19 | | officers, and
administer
programs of training and | 20 | | development of personnel of the Department. Personnel
| 21 | | assigned by the Department to be responsible for the
| 22 | | custody and control of committed persons or to investigate | 23 | | the alleged
misconduct of committed persons or employees or | 24 | | alleged violations of a
parolee's or releasee's conditions | 25 | | of parole shall be conservators of the peace
for those | 26 | | purposes, and shall have the full power of peace officers |
| | | SB2061 | - 23 - | LRB097 09378 RLC 49513 b |
|
| 1 | | outside
of the facilities of the Department in the | 2 | | protection, arrest, retaking
and reconfining of committed | 3 | | persons or where the exercise of such power
is necessary to | 4 | | the investigation of such misconduct or violations.
| 5 | | (j) To cooperate with other departments and agencies | 6 | | and with local
communities for the development of standards | 7 | | and programs for better
correctional services in this | 8 | | State.
| 9 | | (k) To administer all moneys and properties of the | 10 | | Department.
| 11 | | (l) To report annually to the Governor on the committed
| 12 | | persons, institutions and programs of the Department.
| 13 | | (l-5) In a confidential annual report to the Governor, | 14 | | the Department
shall
identify all inmate gangs by | 15 | | specifying each current gang's name, population
and allied | 16 | | gangs. The Department shall further specify the number of | 17 | | top
leaders identified by the Department for each gang | 18 | | during the past year, and
the measures taken by the | 19 | | Department to segregate each leader from his or her
gang | 20 | | and allied gangs. The Department shall further report the | 21 | | current status
of leaders identified and segregated in | 22 | | previous years. All leaders described
in the report shall | 23 | | be identified by inmate number or other designation to
| 24 | | enable tracking, auditing, and verification without | 25 | | revealing the names of the
leaders. Because this report | 26 | | contains law enforcement intelligence information
|
| | | SB2061 | - 24 - | LRB097 09378 RLC 49513 b |
|
| 1 | | collected by the Department, the report is confidential and | 2 | | not subject to
public disclosure.
| 3 | | (m) To make all rules and regulations and exercise all | 4 | | powers and duties
vested by law in the Department.
| 5 | | (n) To establish rules and regulations for | 6 | | administering a system of
good conduct credits, | 7 | | established in accordance with Section 3-6-3, subject
to | 8 | | review by the Prisoner Review Board.
| 9 | | (o) To administer the distribution of funds
from the | 10 | | State Treasury to reimburse counties where State penal
| 11 | | institutions are located for the payment of assistant | 12 | | state's attorneys'
salaries under Section 4-2001 of the | 13 | | Counties Code.
| 14 | | (p) To exchange information with the Department of | 15 | | Human Services and the
Department of Healthcare and Family | 16 | | Services
for the purpose of verifying living arrangements | 17 | | and for other purposes
directly connected with the | 18 | | administration of this Code and the Illinois
Public Aid | 19 | | Code.
| 20 | | (q) To establish a diversion program.
| 21 | | The program shall provide a structured environment for | 22 | | selected
technical parole or mandatory supervised release | 23 | | violators and committed
persons who have violated the rules | 24 | | governing their conduct while in work
release. This program | 25 | | shall not apply to those persons who have committed
a new | 26 | | offense while serving on parole or mandatory supervised |
| | | SB2061 | - 25 - | LRB097 09378 RLC 49513 b |
|
| 1 | | release or
while committed to work release.
| 2 | | Elements of the program shall include, but shall not be | 3 | | limited to, the
following:
| 4 | | (1) The staff of a diversion facility shall provide | 5 | | supervision in
accordance with required objectives set | 6 | | by the facility.
| 7 | | (2) Participants shall be required to maintain | 8 | | employment.
| 9 | | (3) Each participant shall pay for room and board | 10 | | at the facility on a
sliding-scale basis according to | 11 | | the participant's income.
| 12 | | (4) Each participant shall:
| 13 | | (A) provide restitution to victims in | 14 | | accordance with any court order;
| 15 | | (B) provide financial support to his | 16 | | dependents; and
| 17 | | (C) make appropriate payments toward any other | 18 | | court-ordered
obligations.
| 19 | | (5) Each participant shall complete community | 20 | | service in addition to
employment.
| 21 | | (6) Participants shall take part in such | 22 | | counseling, educational and
other programs as the | 23 | | Department may deem appropriate.
| 24 | | (7) Participants shall submit to drug and alcohol | 25 | | screening.
| 26 | | (8) The Department shall promulgate rules |
| | | SB2061 | - 26 - | LRB097 09378 RLC 49513 b |
|
| 1 | | governing the administration
of the program.
| 2 | | (r) To enter into intergovernmental cooperation | 3 | | agreements under which
persons in the custody of the | 4 | | Department may participate in a county impact
| 5 | | incarceration program established under Section 3-6038 or | 6 | | 3-15003.5 of the
Counties Code.
| 7 | | (r-5) (Blank).
| 8 | | (r-10) To systematically and routinely identify with | 9 | | respect to each
streetgang active within the correctional | 10 | | system: (1) each active gang; (2)
every existing inter-gang | 11 | | affiliation or alliance; and (3) the current leaders
in | 12 | | each gang. The Department shall promptly segregate leaders | 13 | | from inmates who
belong to their gangs and allied gangs. | 14 | | "Segregate" means no physical contact
and, to the extent | 15 | | possible under the conditions and space available at the
| 16 | | correctional facility, prohibition of visual and sound | 17 | | communication. For the
purposes of this paragraph (r-10), | 18 | | "leaders" means persons who:
| 19 | | (i) are members of a criminal streetgang;
| 20 | | (ii) with respect to other individuals within the | 21 | | streetgang, occupy a
position of organizer, | 22 | | supervisor, or other position of management or
| 23 | | leadership; and
| 24 | | (iii) are actively and personally engaged in | 25 | | directing, ordering,
authorizing, or requesting | 26 | | commission of criminal acts by others, which are
|
| | | SB2061 | - 27 - | LRB097 09378 RLC 49513 b |
|
| 1 | | punishable as a felony, in furtherance of streetgang | 2 | | related activity both
within and outside of the | 3 | | Department of Corrections.
| 4 | | "Streetgang", "gang", and "streetgang related" have the | 5 | | meanings ascribed to
them in Section 10 of the Illinois | 6 | | Streetgang Terrorism Omnibus Prevention
Act.
| 7 | | (s) To operate a super-maximum security institution, | 8 | | in order to
manage and
supervise inmates who are disruptive | 9 | | or dangerous and provide for the safety
and security of the | 10 | | staff and the other inmates.
| 11 | | (t) To monitor any unprivileged conversation or any | 12 | | unprivileged
communication, whether in person or by mail, | 13 | | telephone, or other means,
between an inmate who, before | 14 | | commitment to the Department, was a member of an
organized | 15 | | gang and any other person without the need to show cause or | 16 | | satisfy
any other requirement of law before beginning the | 17 | | monitoring, except as
constitutionally required. The | 18 | | monitoring may be by video, voice, or other
method of | 19 | | recording or by any other means. As used in this | 20 | | subdivision (1)(t),
"organized gang" has the meaning | 21 | | ascribed to it in Section 10 of the Illinois
Streetgang | 22 | | Terrorism Omnibus Prevention Act.
| 23 | | As used in this subdivision (1)(t), "unprivileged | 24 | | conversation" or
"unprivileged communication" means a | 25 | | conversation or communication that is not
protected by any | 26 | | privilege recognized by law or by decision, rule, or order |
| | | SB2061 | - 28 - | LRB097 09378 RLC 49513 b |
|
| 1 | | of
the Illinois Supreme Court.
| 2 | | (u) To establish a Women's and Children's Pre-release | 3 | | Community
Supervision
Program for the purpose of providing | 4 | | housing and services to eligible female
inmates, as | 5 | | determined by the Department, and their newborn and young
| 6 | | children.
| 7 | | (u-5) To issue an order, whenever a person committed to | 8 | | the Department absconds or absents himself or herself, | 9 | | without authority to do so, from any facility or program to | 10 | | which he or she is assigned. The order shall be certified | 11 | | by the Director, the Supervisor of the Apprehension Unit, | 12 | | or any person duly designated by the Director, with the | 13 | | seal of the Department affixed. The order shall be directed | 14 | | to all sheriffs, coroners, and police officers, or to any | 15 | | particular person named in the order. Any order issued | 16 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 17 | | warrant for the officer or person named in the order to | 18 | | arrest and deliver the committed person to the proper | 19 | | correctional officials and shall be executed the same as | 20 | | criminal process.
| 21 | | (v) To do all other acts necessary to carry out the | 22 | | provisions
of this Chapter.
| 23 | | (2) The Department of Corrections shall by January 1, 1998, | 24 | | consider
building and operating a correctional facility within | 25 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 26 | | a facility designed to house juvenile
participants in the |
| | | SB2061 | - 29 - | LRB097 09378 RLC 49513 b |
|
| 1 | | impact incarceration program.
| 2 | | (3) When the Department lets bids for contracts for medical
| 3 | | services to be provided to persons committed to Department | 4 | | facilities by
a health maintenance organization, medical | 5 | | service corporation, or other
health care provider, the bid may | 6 | | only be let to a health care provider
that has obtained an | 7 | | irrevocable letter of credit or performance bond
issued by a | 8 | | company whose bonds are rated AAA by a bond rating
| 9 | | organization.
| 10 | | (3.5) Effective July 1, 2011, all contracts between the | 11 | | State and outside contractors to provide workers for medical | 12 | | services and related support services at all facilities of the | 13 | | Illinois Department of Corrections or the Department of | 14 | | Juvenile Justice shall be amended to allow for the conversion | 15 | | of vendor employees performing under the terms of a collective | 16 | | bargaining agreement to become employees of the State of | 17 | | Illinois. Upon amendment of the contracts, each worker or staff | 18 | | member employed under the terms of a collective bargaining | 19 | | agreement shall be offered certified employment status under | 20 | | the Personnel Code with the State of Illinois. The position | 21 | | offered to each person shall be at the same facility and shall | 22 | | consist of the same duties and hours as previously existed | 23 | | under the amended contract or contracts.
| 24 | | (4) When the Department lets bids for
contracts for food or | 25 | | commissary services to be provided to
Department facilities, | 26 | | the bid may only be let to a food or commissary
services |
| | | SB2061 | - 30 - | LRB097 09378 RLC 49513 b |
|
| 1 | | provider that has obtained an irrevocable letter of
credit or | 2 | | performance bond issued by a company whose bonds are rated
AAA | 3 | | by a bond rating organization.
| 4 | | (Source: P.A. 96-1265, eff. 7-26-10.)
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2011.
|
|