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Public Act 100-0907


 

Public Act 0907 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0907
 
HB4888 EnrolledLRB100 18191 MRW 33391 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-5-3.1 and by adding Section 3-2-12 as
follows:
 
    (730 ILCS 5/3-2-12 new)
    Sec. 3-2-12. Report of violence in Department of
Corrections institutions and facilities; public safety
reports.
    (a) The Department of Corrections shall collect and report:
        (1) data on a rate per 100 of committed persons
    regarding violence within Department institutions and
    facilities as defined under the terms, if applicable, in 20
    Ill. Adm. Code 504 as follows:
            (A) committed person on committed person assaults;
            (B) committed person on correctional staff
        assaults;
            (C) dangerous contraband, including weapons,
        explosives, dangerous chemicals, or other dangerous
        weapons;
            (D) committed person on committed person fights;
            (E) multi-committed person on single committed
        person fights;
            (F) committed person use of a weapon on
        correctional staff;
            (G) committed person use of a weapon on committed
        person;
            (H) sexual assault committed by a committed person
        against another committed person, correctional staff,
        or visitor;
            (I) sexual assault committed by correctional staff
        against another correctional staff, committed person,
        or visitor;
            (J) correctional staff use of physical force;
            (K) forced cell extraction;
            (L) use of oleoresin capsaicin (pepper spray),
        2-chlorobenzalmalononitrile (CS gas), or other control
        agents or implements;
            (M) committed person suicide and attempted
        suicide;
            (N) requests and placements in protective custody;
        and
            (O) committed persons in segregation, secured
        housing, and restrictive housing; and
        (2) data on average length of stay in segregation,
    secured housing, and restrictive housing.
    (b) The Department of Corrections shall collect and report:
        (1) data on a rate per 100 of committed persons
    regarding public safety as follows:
            (A) committed persons released directly from
        segregation secured housing and restrictive housing to
        the community;
            (B) the type of housing facility, whether a private
        residence, transitional housing, homeless shelter or
        other, committed persons are released to from
        Department correctional institutions and facilities;
            (C) committed persons in custody who have
        completed evidence-based programs, including:
                (i) educational;
                (ii) vocational;
                (iii) chemical dependency;
                (iv) sex offender treatment; or
                (v) cognitive behavioral;
            (D) committed persons who are being held in custody
        past their mandatory statutory release date and the
        reasons for their continued confinement;
            (E) parole and mandatory supervised release
        revocation rate by county and reasons for revocation;
        and
            (F) committed persons on parole or mandatory
        supervised release who have completed evidence-based
        programs, including:
            (A) educational;
            (B) vocational;
            (C) chemical dependency;
            (D) sex offender treatment; or
            (E) cognitive behavioral; and
        (2) data on the average daily population and vacancy
    rate of each Adult Transition Center and work camp.
    (c) The data provided under subsections (a) and (b) of this
Section shall be included in the Department of Corrections
quarterly report to the General Assembly under Section 3-5-3.1
of this Code and shall include an aggregate chart at the agency
level and individual reports by each correctional institution
or facility of the Department of Corrections.
    (d) The Director of Corrections shall ensure that the
agency level data is reviewed by the Director's executive team
on a quarterly basis. The correctional institution or
facility's executive team and each chief administrative
officer of the correctional institution or facility shall
examine statewide and local data at least quarterly. During
these reviews each chief administrative officer shall:
        (1) identify trends;
        (2) develop action items to mitigate the root causes of
    violence; and
        (3) establish committees at each correctional
    institution or facility which shall review the violence
    data on a quarterly basis and develop action plans to
    reduce violence. These plans shall include a wide range of
    strategies to incentivize good conduct.
 
    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
    Sec. 3-5-3.1. Report to the General Assembly.
    (a) As used in this Section, "facility" includes any
facility of the Department of Corrections.
    (b) The Department of Corrections shall, by January 1st,
April 1st, July 1st, and October 1st of each year, transmit to
the General Assembly, a report which shall include the
following information reflecting the period ending 30 fifteen
days prior to the submission of the report: 1) the number of
residents in all Department facilities indicating the number of
residents in each listed facility; 2) a classification of each
facility's residents by the nature of the offense for which
each resident was committed to the Department; 3) the number of
residents in maximum, medium, and minimum security facilities
indicating the classification of each facility's residents by
the nature of the offense for which each resident was committed
to the Department; 4) the educational and vocational programs
provided at each facility and the number of residents
participating in each such program; 5) the present capacity
levels in each facility; 6) the projected capacity of each
facility six months and one year following each reporting date;
7) the ratio of the security guards to residents in each
facility; 8) the ratio of total employees to residents in each
facility; 9) the number of residents in each facility that are
single-celled and the number in each facility that are
double-celled; 10) information indicating the distribution of
residents in each facility by the allocated floor space per
resident; 11) a status of all capital projects currently funded
by the Department, location of each capital project, the
projected on-line dates for each capital project, including
phase-in dates and full occupancy dates; 12) the projected
adult prison facility populations of the Department for each of
the succeeding twelve months following each reporting date,
indicating all assumptions built into such population
estimates; 13) the projected exits and projected admissions in
each facility for each of the succeeding twelve months
following each reporting date, indicating all assumptions
built into such population estimate; and 14) the locations of
all Department-operated or contractually operated community
correctional centers, including the present capacity and
population levels at each facility. The report shall also
include the data collected under Section 3-2-12 of this Code in
the manner required under that Section. The report to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
    (c) A copy of the report required under this Section shall
be posted to the Department's Internet website at the time the
report is submitted to the General Assembly.
(Source: P.A. 99-255, eff. 1-1-16.)
 
    Section 99. Effective date. This Act takes effect January
1, 2019.

Effective Date: 1/1/2019