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91_HB4124enr
HB4124 Enrolled LRB9111987RCmb
1 AN ACT in relation to corrections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 10. The Unified Code of Corrections is amended
5 by changing Sections 3-2-5, 3-6-2, and 3-7-2 and adding
6 Section 3-6-2.5 as follows:
7 (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
8 Sec. 3-2-5. Organization of the Department.
9 (a) There shall be an Adult Division within the
10 Department which shall be administered by an Assistant
11 Director appointed by the Governor under The Civil
12 Administrative Code of Illinois. The Assistant Director shall
13 be under the direction of the Director. The Adult Division
14 shall be responsible for all persons committed or transferred
15 to the Department under Sections 3-10-7 or 5-8-6 of this
16 Code.
17 (b) There shall be a Juvenile Division within the
18 Department which shall be administered by an Assistant
19 Director appointed by the Governor under The Civil
20 Administrative Code of Illinois. The Assistant Director shall
21 be under the direction of the Director. The Juvenile Division
22 shall be responsible for all persons committed to the
23 Juvenile Division of the Department under Section 5-8-6 of
24 this Code or Section 5-10 of the Juvenile Court Act or
25 Section 5-750 of the Juvenile Court Act of 1987.
26 (c) The Department shall create a gang intelligence unit
27 under the supervision of the Director. The unit shall be
28 specifically designed to gather information regarding the
29 inmate gang population, monitor the activities of gangs, and
30 prevent the furtherance of gang activities through the
31 development and implementation of policies aimed at deterring
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1 gang activity. The Director shall appoint a Corrections
2 Intelligence Coordinator.
3 All information collected and maintained by the unit
4 shall be highly confidential, and access to that information
5 shall be restricted by the Department. The information shall
6 be used to control and limit the activities of gangs within
7 correctional institutions under the jurisdiction of the
8 Illinois Department of Corrections and may be shared with
9 other law enforcement agencies in order to curb gang
10 activities outside of correctional institutions under the
11 jurisdiction of the Department and to assist in the
12 investigations and prosecutions of gang activity. The
13 Department shall establish and promulgate rules governing the
14 release of information to outside law enforcement agencies.
15 Due to the highly sensitive nature of the information, the
16 information is exempt from requests for disclosure under the
17 Freedom of Information Act as the information contained is
18 highly confidential and may be harmful if disclosed.
19 The Department shall file an annual report with the
20 General Assembly on the profile of the inmate population
21 associated with gangs, gang-related activity within
22 correctional institutions under the jurisdiction of the
23 Department, and an overall status of the unit as it relates
24 to its function and performance.
25 (Source: P.A. 90-590, eff. 1-1-99.)
26 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
27 Sec. 3-6-2. Institutions and Facility Administration.
28 (a) Each institution and facility of the Department
29 shall be administered by a chief administrative officer
30 appointed by the Director. A chief administrative officer
31 shall be responsible for all persons assigned to the
32 institution or facility. The chief administrative officer
33 shall administer the programs of the Department for the
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1 custody and treatment of such persons.
2 (b) The chief administrative officer shall have such
3 assistants as the Department may assign.
4 (c) The Director or Assistant Director shall have the
5 emergency powers to temporarily transfer individuals without
6 formal procedures to any State, county, municipal or regional
7 correctional or detention institution or facility in the
8 State, subject to the acceptance of such receiving
9 institution or facility, or to designate any reasonably
10 secure place in the State as such an institution or facility
11 and to make transfers thereto. However, transfers made under
12 emergency powers shall be reviewed as soon as practicable
13 under Article 8, and shall be subject to Section 5-905 of the
14 Juvenile Court Act of 1987. This Section shall not apply to
15 transfers to the Department of Human Services which are
16 provided for under Section 3-8-5 or Section 3-10-5.
17 (d) The Department shall provide educational programs
18 for all committed persons so that all persons have an
19 opportunity to attain the achievement level equivalent to the
20 completion of the twelfth grade in the public school system
21 in this State. Other higher levels of attainment shall be
22 encouraged and professional instruction shall be maintained
23 wherever possible. The Department may establish programs of
24 mandatory education and may establish rules and regulations
25 for the administration of such programs. A person committed
26 to the Department who, during the period of his or her
27 incarceration, participates in an educational program
28 provided by or through the Department and through that
29 program is awarded or earns the number of hours of credit
30 required for the award of an associate, baccalaureate, or
31 higher degree from a community college, college, or
32 university located in Illinois shall reimburse the State,
33 through the Department, for the costs incurred by the State
34 in providing that person during his or her incarceration with
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1 the education that qualifies him or her for the award of that
2 degree. The costs for which reimbursement is required under
3 this subsection shall be determined and computed by the
4 Department under rules and regulations that it shall
5 establish for that purpose. However, interest at the rate of
6 6% per annum shall be charged on the balance of those costs
7 from time to time remaining unpaid, from the date of the
8 person's parole, mandatory supervised release, or release
9 constituting a final termination of his or her commitment to
10 the Department until paid.
11 (e) A person committed to the Department who becomes in
12 need of medical or surgical treatment but is incapable of
13 giving consent thereto shall receive such medical or surgical
14 treatment by the chief administrative officer consenting on
15 the person's behalf. Before the chief administrative officer
16 consents, he or she shall obtain the advice of one or more
17 physicians licensed to practice medicine in all its branches
18 in this State. If such physician or physicians advise:
19 (1) that immediate medical or surgical treatment is
20 required relative to a condition threatening to cause
21 death, damage or impairment to bodily functions, or
22 disfigurement; and
23 (2) that the person is not capable of giving
24 consent to such treatment; the chief administrative
25 officer may give consent for such medical or surgical
26 treatment, and such consent shall be deemed to be the
27 consent of the person for all purposes, including, but
28 not limited to, the authority of a physician to give such
29 treatment.
30 (f) In the event that the person requires medical care
31 and treatment at a place other than the institution or
32 facility, the person may be removed therefrom under
33 conditions prescribed by the Department. The Department shall
34 require the committed person receiving medical or dental
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1 services on a non-emergency basis to pay a $2 co-payment to
2 the Department for each visit for medical or dental services
3 at a place other than the institution or facility. The
4 amount of each co-payment shall be deducted from the
5 committed person's individual account. A committed person who
6 has a chronic illness, as defined by Department rules and
7 regulations, shall be exempt from the $2 co-payment for
8 treatment of the chronic illness. A committed person shall
9 not be subject to a $2 co-payment for follow-up visits
10 ordered by a physician, who is employed by, or contracts
11 with, the Department. A committed person who is indigent is
12 exempt from the $2 co-payment and is entitled to receive
13 medical or dental services on the same basis as a committed
14 person who is financially able to afford the co-payment.
15 (g) Any person having sole custody of a child at the
16 time of commitment or any woman giving birth to a child after
17 her commitment, may arrange through the Department of
18 Children and Family Services for suitable placement of the
19 child outside of the Department of Corrections. The Director
20 of the Department of Corrections may determine that there are
21 special reasons why the child should continue in the custody
22 of the mother until the child is 6 years old.
23 (h) The Department may provide Family Responsibility
24 Services which may consist of, but not be limited to the
25 following:
26 (1) family advocacy counseling;
27 (2) parent self-help group;
28 (3) parenting skills training;
29 (4) parent and child overnight program;
30 (5) parent and child reunification counseling,
31 either separately or together, preceding the inmate's
32 release; and
33 (6) a prerelease reunification staffing involving
34 the family advocate, the inmate and the child's
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1 counselor, or both and the inmate.
2 (i) Prior to the release of any inmate who has a
3 documented history of intravenous drug use, and upon the
4 receipt of that inmate's written informed consent, the
5 Department shall provide for the testing of such inmate for
6 infection with human immunodeficiency virus (HIV) and any
7 other identified causative agent of acquired immunodeficiency
8 syndrome (AIDS). The testing provided under this subsection
9 shall consist of an enzyme-linked immunosorbent assay (ELISA)
10 test or such other test as may be approved by the Illinois
11 Department of Public Health. If the test result is positive,
12 the Western Blot Assay or more reliable confirmatory test
13 shall be administered. All inmates tested in accordance with
14 the provisions of this subsection shall be provided with
15 pre-test and post-test counseling. Notwithstanding any
16 provision of this subsection to the contrary, the Department
17 shall not be required to conduct the testing and counseling
18 required by this subsection unless sufficient funds to cover
19 all costs of such testing and counseling are appropriated for
20 that purpose by the General Assembly.
21 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
22 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)
23 (730 ILCS 5/3-6-2.5 new)
24 Sec. 3-6-2.5. Immersible heating coils prohibited. Each
25 chief administrative officer of an Adult Department of
26 Corrections maximum security facility may not allow committed
27 persons to have access to heating elements including, but not
28 limited to, immersible heating coils commonly known as
29 "stingers".
30 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
31 Sec. 3-7-2. Facilities.
32 (a) All institutions and facilities of the Department
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1 shall provide every committed person with access to toilet
2 facilities, barber facilities, bathing facilities at least
3 once each week, a library of legal materials and published
4 materials including newspapers and magazines approved by the
5 Director. A committed person may not receive any materials
6 that the Director deems pornographic.
7 (b) (Blank).
8 (c) All institutions and facilities of the Department
9 shall provide facilities for every committed person to leave
10 his cell for at least one hour each day unless the chief
11 administrative officer determines that it would be harmful or
12 dangerous to the security or safety of the institution or
13 facility.
14 (d) All institutions and facilities of the Department
15 shall provide every committed person with a wholesome and
16 nutritional diet at regularly scheduled hours, drinking
17 water, clothing adequate for the season, bedding, soap and
18 towels and medical and dental care.
19 (e) All institutions and facilities of the Department
20 shall permit every committed person to send and receive an
21 unlimited number of uncensored letters, provided, however,
22 that the Director may order that mail be inspected and read
23 for reasons of the security, safety or morale of the
24 institution or facility.
25 (f) All of the institutions and facilities of the
26 Department shall permit every committed person to receive
27 visitors, except in case of abuse of the visiting privilege
28 or when the chief administrative officer determines that such
29 visiting would be harmful or dangerous to the security,
30 safety or morale of the institution or facility. The chief
31 administrative officer shall have the right to restrict
32 visitation to non-contact visits for reasons of safety,
33 security, and order, including, but not limited to,
34 restricting contact visits for committed persons engaged in
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1 gang activity. No committed person in a super maximum
2 security facility or on disciplinary segregation is allowed
3 contact visits. Any committed person found in possession of
4 illegal drugs or who fails a drug test shall not be permitted
5 contact visits for a period of at least 6 months. Any
6 committed person involved in gang activities or found guilty
7 of assault committed against a Department employee shall not
8 be permitted contact visits for a period of at least 6
9 months.
10 (g) All institutions and facilities of the Department
11 shall permit religious ministrations and sacraments to be
12 available to every committed person, but attendance at
13 religious services shall not be required.
14 (h) Within 90 days after December 31, 1996, the
15 Department shall prohibit the use of curtains,
16 cell-coverings, or any other matter or object that obstructs
17 or otherwise impairs the line of vision into a committed
18 person's cell.
19 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
20 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; 90-14, eff.
21 7-1-97.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.
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