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Public Act 094-1067
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| SB1279 Enrolled |
LRB094 04921 WGH 34950 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Procurement Code is amended by |
changing Section 15-25 and by adding Sections 45-67 and 45-70 |
as follows:
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(30 ILCS 500/15-25)
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Sec. 15-25. Bulletin content.
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(a) Invitations for bids. Notice of each and every contract |
that is
offered, including renegotiated contracts and change |
orders,
shall be published in the Bulletin. The applicable |
chief procurement officer
may provide by rule an organized |
format for the publication of this
information, but in any case |
it must include at least the date first offered,
the date |
submission of offers is due, the location that offers are to be
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submitted to, the purchasing State agency, the responsible |
State purchasing
officer, a brief purchase description, the |
method of source selection, and
information of how to obtain a |
comprehensive purchase description and any
disclosure and |
contract forms, and encouragement to prospective vendors to |
hire qualified veterans, as defined by Section 45-67 of this |
Code, and Illinois residents discharged from any Illinois adult |
correctional center.
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(b) Contracts let or awarded. Notice of each and every |
contract that is let
or awarded, including renegotiated |
contracts and change orders, shall be
published in the next |
available subsequent Bulletin, and
the applicable chief |
procurement officer may provide by rule an organized
format for |
the publication
of
this information, but in any case it must |
include at least all of the
information specified in subsection |
(a) as well as the name of the successful
responsible bidder or |
offeror, the contract price, the number of unsuccessful
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responsive bidders, and any other disclosure specified in any |
Section of this
Code.
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(c) Emergency purchase disclosure. Any chief procurement |
officer, State
purchasing officer, or designee exercising |
emergency purchase authority under
this Code shall publish a |
written description and reasons and the total cost,
if known, |
or an estimate if unknown and the name of the responsible chief
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procurement officer and State purchasing officer, and the |
business or person
contracted with for all emergency purchases |
in
the next timely, practicable Bulletin.
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(d) Other required disclosure. The applicable chief |
procurement officer
shall provide by rule for the organized |
publication of all other disclosure
required in other Sections |
of this Code in a timely manner.
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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/45-67 new)
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Sec. 45-67. Encouragement to hire qualified veterans. A |
chief procurement officer may, as part of any solicitation, |
encourage prospective vendors to consider hiring qualified |
veterans and to notify them of any available financial |
incentives or other advantages associated with hiring such |
persons. In establishing internal guidelines in furtherance of |
this Section, the Department of Central Management Services may |
work with an interagency advisory committee consisting of |
representatives from the Department of Veterans Affairs, the |
Department of Employment Security, the Department of Commerce |
and Economic Opportunity, and the Department of Revenue and |
consisting of 8 members of the General Assembly, 2 of whom are |
appointed by the Speaker of the House of Representatives, 2 of |
whom are appointed by the President of the Senate, 2 of whom |
are appointed by the Minority Leader of the House of |
Representatives, and 2 of whom are appointed by the Minority |
Leader of the Senate. |
For the purposes of this Section, "qualified veteran" means |
an Illinois resident who: (i) was a member of the Armed Forces |
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of the United States, a member of the Illinois National Guard, |
or a member of any reserve component of the Armed Forces of the |
United States; (ii) served on active duty in connection with |
Operation Desert Storm, Operation Enduring Freedom, or |
Operation Iraqi Freedom; and (iii) was honorably discharged.
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The Department of Central Management Services must report |
to the Governor and to the General Assembly by December 31 of |
each year on the activities undertaken by chief procurement |
officers and the Department of Central Management Services to |
encourage prospective vendors to consider hiring qualified |
veterans. The report must include the number of vendors who |
have hired qualified veterans.
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(30 ILCS 500/45-70 new) |
Sec. 45-70. Encouragement to hire ex-offenders. A chief |
procurement officer may, as part of any solicitation, encourage |
prospective vendors to consider hiring Illinois residents |
discharged from any Illinois adult correctional center, in |
appropriate circumstances, and to notify them of any available |
financial incentives or other advantages associated with |
hiring such persons. In establishing internal guidelines in |
furtherance of this Section, the Department of Central |
Management Services may work with an interagency advisory |
committee consisting of representatives from the Department of |
Corrections, the Department of Employment Security, the |
Department of Juvenile Justice, the Department of Commerce and |
Economic Opportunity, and the Department of Revenue and |
consisting of 8 members of the General Assembly, 2 of whom are |
appointed by the Speaker of the House of Representatives, 2 of |
whom are appointed by the President of the Senate, 2 of whom |
are appointed by the Minority Leader of the House of |
Representatives, and 2 of whom are appointed by the Minority |
Leader of the Senate. |
The Department of Central Management Services must report |
to the Governor and to the General Assembly by December 31 of |
each year on the activities undertaken by chief procurement |
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officers and the Department of Central Management Services to |
encourage prospective vendors to consider hiring Illinois |
residents who have been discharged from an Illinois adult |
correctional center. The report must include the number of |
vendors who have hired Illinois residents who have been |
discharged from any Illinois adult correctional center.
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Section 10. The Illinois Income Tax Act is amended by |
adding Sections 216 and 217 as follows:
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(35 ILCS 5/216 new) |
Sec. 216. Credit for wages paid to ex-felons. |
(a) For each taxable year beginning on or after January 1, |
2007, each taxpayer is entitled to a credit against the tax |
imposed by subsections (a) and (b) of Section 201 of this Act |
in an amount equal to 5% of qualified wages paid by the |
taxpayer during the taxable year to one or more Illinois |
residents who are qualified ex-offenders. The total credit |
allowed to a taxpayer with respect to each qualified |
ex-offender may not exceed $600 for all taxable years. For |
partners, shareholders of Subchapter S corporations, and |
owners of limited liability companies, if the liability company |
is treated as a partnership for purposes of federal and State |
income taxation, there shall be allowed a credit under this |
Section to be determined in accordance with the determination |
of income and distributive share of income under Sections 702 |
and 704 and Subchapter S of the Internal Revenue Code. |
(b) For purposes of this Section, "qualified wages": |
(1) includes only wages that are subject to federal |
unemployment tax under Section 3306 of the Internal Revenue |
Code, without regard to any dollar limitation contained in |
that Section;
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(2) does not include any amounts paid or incurred by an |
employer for any period to any qualified ex-offender for |
whom the employer receives federally funded payments for |
on-the-job training of that qualified ex-offender for that |
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period;
and
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(3) includes only wages attributable to service |
rendered during the one-year period beginning with the day |
the qualified ex-offender begins work for the employer.
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If the taxpayer has received any payment from a program |
established under Section 482(e)(1) of the federal Social |
Security Act with respect to a qualified ex-offender, then, for |
purposes of calculating the credit under this Section, the |
amount of the qualified wages paid to that qualified |
ex-offender must be reduced by the amount of the payment.
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(c) For purposes of this Section, "qualified ex-offender" |
means any person who:
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(1) is an eligible offender, as defined under Section |
5-5.5-5 of the Unified Code of Corrections; |
(2) was sentenced to a period of incarceration in an |
Illinois adult correctional center; and |
(3) was hired by the taxpayer within one year after |
being released from an Illinois adult correctional center. |
(d) In no event shall a credit under this Section reduce |
the taxpayer's liability to less than zero. If the amount of |
the credit exceeds the tax liability for the year, the excess |
may be carried forward and applied to the tax liability of the |
5 taxable years following the excess credit year. The tax |
credit shall be applied to the earliest year for which there is |
a tax liability. If there are credits for more than one year |
that are available to offset a liability, the earlier credit |
shall be applied first.
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(35 ILCS 5/217 new)
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Sec. 217. Credit for wages paid to qualified veterans. |
(a) For each taxable year beginning on or after January 1, |
2007, each taxpayer is entitled to a credit against the tax |
imposed by subsections (a) and (b) of Section 201 of this Act |
in an amount equal to 5%, but in no event to exceed $600, of the |
gross wages paid by the taxpayer to a qualified veteran in the |
course of that veteran's sustained employment during the |
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taxable year. For partners, shareholders of Subchapter S |
corporations, and owners of limited liability companies, if the |
liability company is treated as a partnership for purposes of |
federal and State income taxation, there shall be allowed a |
credit under this Section to be determined in accordance with |
the determination of income and distributive share of income |
under Sections 702 and 704 and Subchapter S of the Internal |
Revenue Code. |
(b) For purposes of this Section: |
"Qualified veteran" means an Illinois resident who: (i) was |
a member of the Armed Forces of the United States, a member of |
the Illinois National Guard, or a member of any reserve |
component of the Armed Forces of the United States; (ii) served |
on active duty in connection with Operation Desert Storm, |
Operation Enduring Freedom, or Operation Iraqi Freedom; (iii) |
has provided, to the taxpayer, documentation showing that he or |
she was honorably discharged; and (iv) was initially hired by |
the taxpayer on or after January 1, 2007. |
"Sustained employment" means a period of employment that is |
not less than 185 days during the taxable year. |
(c) In no event shall a credit under this Section reduce |
the taxpayer's liability to less than zero. If the amount of |
the credit exceeds the tax liability for the year, the excess |
may be carried forward and applied to the tax liability of the |
5 taxable years following the excess credit year. The tax |
credit shall be applied to the earliest year for which there is |
a tax liability. If there are credits for more than one year |
that are available to offset a liability, the earlier credit |
shall be applied first.
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Section 15. The Unified Code of Corrections is amended by |
changing Sections 3-2-2, 5-5-5, and 5-5.5-5 as follows:
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(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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(Text of Section before amendment by P.A. 94-696)
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Sec. 3-2-2. Powers and Duties of the Department.
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(1) In addition to the powers, duties and responsibilities |
which are
otherwise provided by law, the Department shall have |
the following powers:
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(a) To accept persons committed to it by the courts of |
this State for
care, custody, treatment and |
rehabilitation, and to accept federal prisoners and aliens |
over whom the Office of the Federal Detention Trustee is |
authorized to exercise the federal detention function for |
limited purposes and periods of time.
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(b) To develop and maintain reception and evaluation |
units for purposes
of analyzing the custody and |
rehabilitation needs of persons committed to
it and to |
assign such persons to institutions and programs under its |
control
or transfer them to other appropriate agencies. In |
consultation with the
Department of Alcoholism and |
Substance Abuse (now the Department of Human
Services), the |
Department of Corrections
shall develop a master plan for |
the screening and evaluation of persons
committed to its |
custody who have alcohol or drug abuse problems, and for
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making appropriate treatment available to such persons; |
the Department
shall report to the General Assembly on such |
plan not later than April 1,
1987. The maintenance and |
implementation of such plan shall be contingent
upon the |
availability of funds.
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(b-1) To create and implement, on January 1, 2002, a |
pilot
program to
establish the effectiveness of |
pupillometer technology (the measurement of the
pupil's
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reaction to light) as an alternative to a urine test for |
purposes of screening
and evaluating
persons committed to |
its custody who have alcohol or drug problems. The
pilot |
program shall require the pupillometer technology to be |
used in at
least one Department of
Corrections facility. |
The Director may expand the pilot program to include an
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additional facility or
facilities as he or she deems |
appropriate.
A minimum of 4,000 tests shall be included in |
the pilot program.
The
Department must report to the
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General Assembly on the
effectiveness of the program by |
January 1, 2003.
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(b-5) To develop, in consultation with the Department |
of State Police, a
program for tracking and evaluating each |
inmate from commitment through release
for recording his or |
her gang affiliations, activities, or ranks.
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(c) To maintain and administer all State correctional |
institutions and
facilities under its control and to |
establish new ones as needed. Pursuant
to its power to |
establish new institutions and facilities, the Department
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may, with the written approval of the Governor, authorize |
the Department of
Central Management Services to enter into |
an agreement of the type
described in subsection (d) of |
Section 405-300 of the
Department
of Central Management |
Services Law (20 ILCS 405/405-300). The Department shall
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designate those institutions which
shall constitute the |
State Penitentiary System.
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Pursuant to its power to establish new institutions and |
facilities, the
Department may authorize the Department of |
Central Management Services to
accept bids from counties |
and municipalities for the construction,
remodeling or |
conversion of a structure to be leased to the Department of
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Corrections for the purposes of its serving as a |
correctional institution
or facility. Such construction, |
remodeling or conversion may be financed
with revenue bonds |
issued pursuant to the Industrial Building Revenue Bond
Act |
by the municipality or county. The lease specified in a bid |
shall be
for a term of not less than the time needed to |
retire any revenue bonds
used to finance the project, but |
not to exceed 40 years. The lease may
grant to the State |
the option to purchase the structure outright.
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Upon receipt of the bids, the Department may certify |
one or more of the
bids and shall submit any such bids to |
the General Assembly for approval.
Upon approval of a bid |
by a constitutional majority of both houses of the
General |
Assembly, pursuant to joint resolution, the Department of |
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Central
Management Services may enter into an agreement |
with the county or
municipality pursuant to such bid.
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(c-5) To build and maintain regional juvenile |
detention centers and to
charge a per diem to the counties |
as established by the Department to defray
the costs of |
housing each minor in a center. In this subsection (c-5),
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"juvenile
detention center" means a facility to house |
minors during pendency of trial who
have been transferred |
from proceedings under the Juvenile Court Act of 1987 to
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prosecutions under the criminal laws of this State in |
accordance with Section
5-805 of the Juvenile Court Act of |
1987, whether the transfer was by operation
of
law or |
permissive under that Section. The Department shall |
designate the
counties to be served by each regional |
juvenile detention center.
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(d) To develop and maintain programs of control, |
rehabilitation and
employment of committed persons within |
its institutions. |
(d-5) To provide a pre-release job preparation program |
for inmates at Illinois adult correctional centers.
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(e) To establish a system of supervision and guidance |
of committed persons
in the community.
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(f) To establish in cooperation with the Department of |
Transportation
to supply a sufficient number of prisoners |
for use by the Department of
Transportation to clean up the |
trash and garbage along State, county,
township, or |
municipal highways as designated by the Department of
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Transportation. The Department of Corrections, at the |
request of the
Department of Transportation, shall furnish |
such prisoners at least
annually for a period to be agreed |
upon between the Director of
Corrections and the Director |
of Transportation. The prisoners used on this
program shall |
be selected by the Director of Corrections on whatever |
basis
he deems proper in consideration of their term, |
behavior and earned eligibility
to participate in such |
program - where they will be outside of the prison
facility |
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but still in the custody of the Department of Corrections. |
Prisoners
convicted of first degree murder, or a Class X |
felony, or armed violence, or
aggravated kidnapping, or |
criminal sexual assault, aggravated criminal sexual
abuse |
or a subsequent conviction for criminal sexual abuse, or |
forcible
detention, or arson, or a prisoner adjudged a |
Habitual Criminal shall not be
eligible for selection to |
participate in such program. The prisoners shall
remain as |
prisoners in the custody of the Department of Corrections |
and such
Department shall furnish whatever security is |
necessary. The Department of
Transportation shall furnish |
trucks and equipment for the highway cleanup
program and |
personnel to supervise and direct the program. Neither the
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Department of Corrections nor the Department of |
Transportation shall replace
any regular employee with a |
prisoner.
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(g) To maintain records of persons committed to it and |
to establish
programs of research, statistics and |
planning.
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(h) To investigate the grievances of any person |
committed to the
Department, to inquire into any alleged |
misconduct by employees
or committed persons, and to |
investigate the assets
of committed persons to implement |
Section 3-7-6 of this Code; and for
these purposes it may |
issue subpoenas and compel the attendance of witnesses
and |
the production of writings and papers, and may examine |
under oath any
witnesses who may appear before it; to also |
investigate alleged violations
of a parolee's or |
releasee's conditions of parole or release; and for this
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purpose it may issue subpoenas and compel the attendance of |
witnesses and
the production of documents only if there is |
reason to believe that such
procedures would provide |
evidence that such violations have occurred.
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If any person fails to obey a subpoena issued under |
this subsection,
the Director may apply to any circuit |
court to secure compliance with the
subpoena. The failure |
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to comply with the order of the court issued in
response |
thereto shall be punishable as contempt of court.
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(i) To appoint and remove the chief administrative |
officers, and
administer
programs of training and |
development of personnel of the Department. Personnel
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assigned by the Department to be responsible for the
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custody and control of committed persons or to investigate |
the alleged
misconduct of committed persons or employees or |
alleged violations of a
parolee's or releasee's conditions |
of parole shall be conservators of the peace
for those |
purposes, and shall have the full power of peace officers |
outside
of the facilities of the Department in the |
protection, arrest, retaking
and reconfining of committed |
persons or where the exercise of such power
is necessary to |
the investigation of such misconduct or violations.
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(j) To cooperate with other departments and agencies |
and with local
communities for the development of standards |
and programs for better
correctional services in this |
State.
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(k) To administer all moneys and properties of the |
Department.
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(l) To report annually to the Governor on the committed
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persons, institutions and programs of the Department.
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(l-5) In a confidential annual report to the Governor, |
the Department
shall
identify all inmate gangs by |
specifying each current gang's name, population
and allied |
gangs. The Department shall further specify the number of |
top
leaders identified by the Department for each gang |
during the past year, and
the measures taken by the |
Department to segregate each leader from his or her
gang |
and allied gangs. The Department shall further report the |
current status
of leaders identified and segregated in |
previous years. All leaders described
in the report shall |
be identified by inmate number or other designation to
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enable tracking, auditing, and verification without |
revealing the names of the
leaders. Because this report |
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contains law enforcement intelligence information
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collected by the Department, the report is confidential and |
not subject to
public disclosure.
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(m) To make all rules and regulations and exercise all |
powers and duties
vested by law in the Department.
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(n) To establish rules and regulations for |
administering a system of
good conduct credits, |
established in accordance with Section 3-6-3, subject
to |
review by the Prisoner Review Board.
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(o) To administer the distribution of funds
from the |
State Treasury to reimburse counties where State penal
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institutions are located for the payment of assistant |
state's attorneys'
salaries under Section 4-2001 of the |
Counties Code.
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(p) To exchange information with the Department of |
Human Services and the
Illinois Department of Healthcare |
and Family Services
Public Aid
for the purpose of verifying |
living arrangements and for other purposes
directly |
connected with the administration of this Code and the |
Illinois
Public Aid Code.
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(q) To establish a diversion program.
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The program shall provide a structured environment for |
selected
technical parole or mandatory supervised release |
violators and committed
persons who have violated the rules |
governing their conduct while in work
release. This program |
shall not apply to those persons who have committed
a new |
offense while serving on parole or mandatory supervised |
release or
while committed to work release.
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Elements of the program shall include, but shall not be |
limited to, the
following:
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(1) The staff of a diversion facility shall provide |
supervision in
accordance with required objectives set |
by the facility.
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(2) Participants shall be required to maintain |
employment.
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(3) Each participant shall pay for room and board |
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at the facility on a
sliding-scale basis according to |
the participant's income.
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(4) Each participant shall:
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(A) provide restitution to victims in |
accordance with any court order;
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(B) provide financial support to his |
dependents; and
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(C) make appropriate payments toward any other |
court-ordered
obligations.
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(5) Each participant shall complete community |
service in addition to
employment.
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(6) Participants shall take part in such |
counseling, educational and
other programs as the |
Department may deem appropriate.
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(7) Participants shall submit to drug and alcohol |
screening.
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(8) The Department shall promulgate rules |
governing the administration
of the program.
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(r) To enter into intergovernmental cooperation |
agreements under which
persons in the custody of the |
Department may participate in a county impact
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incarceration program established under Section 3-6038 or |
3-15003.5 of the
Counties Code.
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(r-5) To enter into intergovernmental cooperation |
agreements under which
minors adjudicated delinquent and |
committed to the Department of Corrections,
Juvenile |
Division, may participate in a county juvenile impact |
incarceration
program established under Section 3-6039 of |
the Counties Code.
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(r-10) To systematically and routinely identify with |
respect to each
streetgang active within the correctional |
system: (1) each active gang; (2)
every existing inter-gang |
affiliation or alliance; and (3) the current leaders
in |
each gang. The Department shall promptly segregate leaders |
from inmates who
belong to their gangs and allied gangs. |
"Segregate" means no physical contact
and, to the extent |
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possible under the conditions and space available at the
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correctional facility, prohibition of visual and sound |
communication. For the
purposes of this paragraph (r-10), |
"leaders" means persons who:
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(i) are members of a criminal streetgang;
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(ii) with respect to other individuals within the |
streetgang, occupy a
position of organizer, |
supervisor, or other position of management or
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leadership; and
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(iii) are actively and personally engaged in |
directing, ordering,
authorizing, or requesting |
commission of criminal acts by others, which are
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punishable as a felony, in furtherance of streetgang |
related activity both
within and outside of the |
Department of Corrections.
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"Streetgang", "gang", and "streetgang related" have the |
meanings ascribed to
them in Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention
Act.
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(s) To operate a super-maximum security institution, |
in order to
manage and
supervise inmates who are disruptive |
or dangerous and provide for the safety
and security of the |
staff and the other inmates.
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(t) To monitor any unprivileged conversation or any |
unprivileged
communication, whether in person or by mail, |
telephone, or other means,
between an inmate who, before |
commitment to the Department, was a member of an
organized |
gang and any other person without the need to show cause or |
satisfy
any other requirement of law before beginning the |
monitoring, except as
constitutionally required. The |
monitoring may be by video, voice, or other
method of |
recording or by any other means. As used in this |
subdivision (1)(t),
"organized gang" has the meaning |
ascribed to it in Section 10 of the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
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As used in this subdivision (1)(t), "unprivileged |
conversation" or
"unprivileged communication" means a |
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conversation or communication that is not
protected by any |
privilege recognized by law or by decision, rule, or order |
of
the Illinois Supreme Court.
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(u) To establish a Women's and Children's Pre-release |
Community
Supervision
Program for the purpose of providing |
housing and services to eligible female
inmates, as |
determined by the Department, and their newborn and young
|
children.
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(v) To do all other acts necessary to carry out the |
provisions
of this Chapter.
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(2) The Department of Corrections shall by January 1, 1998, |
consider
building and operating a correctional facility within |
100 miles of a county of
over 2,000,000 inhabitants, especially |
a facility designed to house juvenile
participants in the |
impact incarceration program.
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(3) When the Department lets bids for contracts for medical
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services to be provided to persons committed to Department |
facilities by
a health maintenance organization, medical |
service corporation, or other
health care provider, the bid may |
only be let to a health care provider
that has obtained an |
irrevocable letter of credit or performance bond
issued by a |
company whose bonds are rated AAA by a bond rating
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organization.
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(4) When the Department lets bids for
contracts for food or |
commissary services to be provided to
Department facilities, |
the bid may only be let to a food or commissary
services |
provider that has obtained an irrevocable letter of
credit or |
performance bond issued by a company whose bonds are rated
AAA |
by a bond rating organization.
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(Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839, |
eff. 7-30-04; revised 12-15-05.)
|
(Text of Section after amendment by P.A. 94-696)
|
Sec. 3-2-2. Powers and Duties of the Department.
|
(1) In addition to the powers, duties and responsibilities |
which are
otherwise provided by law, the Department shall have |
|
the following powers:
|
(a) To accept persons committed to it by the courts of |
this State for
care, custody, treatment and |
rehabilitation, and to accept federal prisoners and aliens |
over whom the Office of the Federal Detention Trustee is |
authorized to exercise the federal detention function for |
limited purposes and periods of time.
|
(b) To develop and maintain reception and evaluation |
units for purposes
of analyzing the custody and |
rehabilitation needs of persons committed to
it and to |
assign such persons to institutions and programs under its |
control
or transfer them to other appropriate agencies. In |
consultation with the
Department of Alcoholism and |
Substance Abuse (now the Department of Human
Services), the |
Department of Corrections
shall develop a master plan for |
the screening and evaluation of persons
committed to its |
custody who have alcohol or drug abuse problems, and for
|
making appropriate treatment available to such persons; |
the Department
shall report to the General Assembly on such |
plan not later than April 1,
1987. The maintenance and |
implementation of such plan shall be contingent
upon the |
availability of funds.
|
(b-1) To create and implement, on January 1, 2002, a |
pilot
program to
establish the effectiveness of |
pupillometer technology (the measurement of the
pupil's
|
reaction to light) as an alternative to a urine test for |
purposes of screening
and evaluating
persons committed to |
its custody who have alcohol or drug problems. The
pilot |
program shall require the pupillometer technology to be |
used in at
least one Department of
Corrections facility. |
The Director may expand the pilot program to include an
|
additional facility or
facilities as he or she deems |
appropriate.
A minimum of 4,000 tests shall be included in |
the pilot program.
The
Department must report to the
|
General Assembly on the
effectiveness of the program by |
January 1, 2003.
|
|
(b-5) To develop, in consultation with the Department |
of State Police, a
program for tracking and evaluating each |
inmate from commitment through release
for recording his or |
her gang affiliations, activities, or ranks.
|
(c) To maintain and administer all State correctional |
institutions and
facilities under its control and to |
establish new ones as needed. Pursuant
to its power to |
establish new institutions and facilities, the Department
|
may, with the written approval of the Governor, authorize |
the Department of
Central Management Services to enter into |
an agreement of the type
described in subsection (d) of |
Section 405-300 of the
Department
of Central Management |
Services Law (20 ILCS 405/405-300). The Department shall
|
designate those institutions which
shall constitute the |
State Penitentiary System.
|
Pursuant to its power to establish new institutions and |
facilities, the
Department may authorize the Department of |
Central Management Services to
accept bids from counties |
and municipalities for the construction,
remodeling or |
conversion of a structure to be leased to the Department of
|
Corrections for the purposes of its serving as a |
correctional institution
or facility. Such construction, |
remodeling or conversion may be financed
with revenue bonds |
issued pursuant to the Industrial Building Revenue Bond
Act |
by the municipality or county. The lease specified in a bid |
shall be
for a term of not less than the time needed to |
retire any revenue bonds
used to finance the project, but |
not to exceed 40 years. The lease may
grant to the State |
the option to purchase the structure outright.
|
Upon receipt of the bids, the Department may certify |
one or more of the
bids and shall submit any such bids to |
the General Assembly for approval.
Upon approval of a bid |
by a constitutional majority of both houses of the
General |
Assembly, pursuant to joint resolution, the Department of |
Central
Management Services may enter into an agreement |
with the county or
municipality pursuant to such bid.
|
|
(c-5) To build and maintain regional juvenile |
detention centers and to
charge a per diem to the counties |
as established by the Department to defray
the costs of |
housing each minor in a center. In this subsection (c-5),
|
"juvenile
detention center" means a facility to house |
minors during pendency of trial who
have been transferred |
from proceedings under the Juvenile Court Act of 1987 to
|
prosecutions under the criminal laws of this State in |
accordance with Section
5-805 of the Juvenile Court Act of |
1987, whether the transfer was by operation
of
law or |
permissive under that Section. The Department shall |
designate the
counties to be served by each regional |
juvenile detention center.
|
(d) To develop and maintain programs of control, |
rehabilitation and
employment of committed persons within |
its institutions.
|
(d-5) To provide a pre-release job preparation program |
for inmates at Illinois adult correctional centers.
|
(e) To establish a system of supervision and guidance |
of committed persons
in the community.
|
(f) To establish in cooperation with the Department of |
Transportation
to supply a sufficient number of prisoners |
for use by the Department of
Transportation to clean up the |
trash and garbage along State, county,
township, or |
municipal highways as designated by the Department of
|
Transportation. The Department of Corrections, at the |
request of the
Department of Transportation, shall furnish |
such prisoners at least
annually for a period to be agreed |
upon between the Director of
Corrections and the Director |
of Transportation. The prisoners used on this
program shall |
be selected by the Director of Corrections on whatever |
basis
he deems proper in consideration of their term, |
behavior and earned eligibility
to participate in such |
program - where they will be outside of the prison
facility |
but still in the custody of the Department of Corrections. |
Prisoners
convicted of first degree murder, or a Class X |
|
felony, or armed violence, or
aggravated kidnapping, or |
criminal sexual assault, aggravated criminal sexual
abuse |
or a subsequent conviction for criminal sexual abuse, or |
forcible
detention, or arson, or a prisoner adjudged a |
Habitual Criminal shall not be
eligible for selection to |
participate in such program. The prisoners shall
remain as |
prisoners in the custody of the Department of Corrections |
and such
Department shall furnish whatever security is |
necessary. The Department of
Transportation shall furnish |
trucks and equipment for the highway cleanup
program and |
personnel to supervise and direct the program. Neither the
|
Department of Corrections nor the Department of |
Transportation shall replace
any regular employee with a |
prisoner.
|
(g) To maintain records of persons committed to it and |
to establish
programs of research, statistics and |
planning.
|
(h) To investigate the grievances of any person |
committed to the
Department, to inquire into any alleged |
misconduct by employees
or committed persons, and to |
investigate the assets
of committed persons to implement |
Section 3-7-6 of this Code; and for
these purposes it may |
issue subpoenas and compel the attendance of witnesses
and |
the production of writings and papers, and may examine |
under oath any
witnesses who may appear before it; to also |
investigate alleged violations
of a parolee's or |
releasee's conditions of parole or release; and for this
|
purpose it may issue subpoenas and compel the attendance of |
witnesses and
the production of documents only if there is |
reason to believe that such
procedures would provide |
evidence that such violations have occurred.
|
If any person fails to obey a subpoena issued under |
this subsection,
the Director may apply to any circuit |
court to secure compliance with the
subpoena. The failure |
to comply with the order of the court issued in
response |
thereto shall be punishable as contempt of court.
|
|
(i) To appoint and remove the chief administrative |
officers, and
administer
programs of training and |
development of personnel of the Department. Personnel
|
assigned by the Department to be responsible for the
|
custody and control of committed persons or to investigate |
the alleged
misconduct of committed persons or employees or |
alleged violations of a
parolee's or releasee's conditions |
of parole shall be conservators of the peace
for those |
purposes, and shall have the full power of peace officers |
outside
of the facilities of the Department in the |
protection, arrest, retaking
and reconfining of committed |
persons or where the exercise of such power
is necessary to |
the investigation of such misconduct or violations.
|
(j) To cooperate with other departments and agencies |
and with local
communities for the development of standards |
and programs for better
correctional services in this |
State.
|
(k) To administer all moneys and properties of the |
Department.
|
(l) To report annually to the Governor on the committed
|
persons, institutions and programs of the Department.
|
(l-5) In a confidential annual report to the Governor, |
the Department
shall
identify all inmate gangs by |
specifying each current gang's name, population
and allied |
gangs. The Department shall further specify the number of |
top
leaders identified by the Department for each gang |
during the past year, and
the measures taken by the |
Department to segregate each leader from his or her
gang |
and allied gangs. The Department shall further report the |
current status
of leaders identified and segregated in |
previous years. All leaders described
in the report shall |
be identified by inmate number or other designation to
|
enable tracking, auditing, and verification without |
revealing the names of the
leaders. Because this report |
contains law enforcement intelligence information
|
collected by the Department, the report is confidential and |
|
not subject to
public disclosure.
|
(m) To make all rules and regulations and exercise all |
powers and duties
vested by law in the Department.
|
(n) To establish rules and regulations for |
administering a system of
good conduct credits, |
established in accordance with Section 3-6-3, subject
to |
review by the Prisoner Review Board.
|
(o) To administer the distribution of funds
from the |
State Treasury to reimburse counties where State penal
|
institutions are located for the payment of assistant |
state's attorneys'
salaries under Section 4-2001 of the |
Counties Code.
|
(p) To exchange information with the Department of |
Human Services and the
Illinois Department of Healthcare |
and Family Services
Public Aid
for the purpose of verifying |
living arrangements and for other purposes
directly |
connected with the administration of this Code and the |
Illinois
Public Aid Code.
|
(q) To establish a diversion program.
|
The program shall provide a structured environment for |
selected
technical parole or mandatory supervised release |
violators and committed
persons who have violated the rules |
governing their conduct while in work
release. This program |
shall not apply to those persons who have committed
a new |
offense while serving on parole or mandatory supervised |
release or
while committed to work release.
|
Elements of the program shall include, but shall not be |
limited to, the
following:
|
(1) The staff of a diversion facility shall provide |
supervision in
accordance with required objectives set |
by the facility.
|
(2) Participants shall be required to maintain |
employment.
|
(3) Each participant shall pay for room and board |
at the facility on a
sliding-scale basis according to |
the participant's income.
|
|
(4) Each participant shall:
|
(A) provide restitution to victims in |
accordance with any court order;
|
(B) provide financial support to his |
dependents; and
|
(C) make appropriate payments toward any other |
court-ordered
obligations.
|
(5) Each participant shall complete community |
service in addition to
employment.
|
(6) Participants shall take part in such |
counseling, educational and
other programs as the |
Department may deem appropriate.
|
(7) Participants shall submit to drug and alcohol |
screening.
|
(8) The Department shall promulgate rules |
governing the administration
of the program.
|
(r) To enter into intergovernmental cooperation |
agreements under which
persons in the custody of the |
Department may participate in a county impact
|
incarceration program established under Section 3-6038 or |
3-15003.5 of the
Counties Code.
|
(r-5) (Blank).
|
(r-10) To systematically and routinely identify with |
respect to each
streetgang active within the correctional |
system: (1) each active gang; (2)
every existing inter-gang |
affiliation or alliance; and (3) the current leaders
in |
each gang. The Department shall promptly segregate leaders |
from inmates who
belong to their gangs and allied gangs. |
"Segregate" means no physical contact
and, to the extent |
possible under the conditions and space available at the
|
correctional facility, prohibition of visual and sound |
communication. For the
purposes of this paragraph (r-10), |
"leaders" means persons who:
|
(i) are members of a criminal streetgang;
|
(ii) with respect to other individuals within the |
streetgang, occupy a
position of organizer, |
|
supervisor, or other position of management or
|
leadership; and
|
(iii) are actively and personally engaged in |
directing, ordering,
authorizing, or requesting |
commission of criminal acts by others, which are
|
punishable as a felony, in furtherance of streetgang |
related activity both
within and outside of the |
Department of Corrections.
|
"Streetgang", "gang", and "streetgang related" have the |
meanings ascribed to
them in Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention
Act.
|
(s) To operate a super-maximum security institution, |
in order to
manage and
supervise inmates who are disruptive |
or dangerous and provide for the safety
and security of the |
staff and the other inmates.
|
(t) To monitor any unprivileged conversation or any |
unprivileged
communication, whether in person or by mail, |
telephone, or other means,
between an inmate who, before |
commitment to the Department, was a member of an
organized |
gang and any other person without the need to show cause or |
satisfy
any other requirement of law before beginning the |
monitoring, except as
constitutionally required. The |
monitoring may be by video, voice, or other
method of |
recording or by any other means. As used in this |
subdivision (1)(t),
"organized gang" has the meaning |
ascribed to it in Section 10 of the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
|
As used in this subdivision (1)(t), "unprivileged |
conversation" or
"unprivileged communication" means a |
conversation or communication that is not
protected by any |
privilege recognized by law or by decision, rule, or order |
of
the Illinois Supreme Court.
|
(u) To establish a Women's and Children's Pre-release |
Community
Supervision
Program for the purpose of providing |
housing and services to eligible female
inmates, as |
determined by the Department, and their newborn and young
|
|
children.
|
(v) To do all other acts necessary to carry out the |
provisions
of this Chapter.
|
(2) The Department of Corrections shall by January 1, 1998, |
consider
building and operating a correctional facility within |
100 miles of a county of
over 2,000,000 inhabitants, especially |
a facility designed to house juvenile
participants in the |
impact incarceration program.
|
(3) When the Department lets bids for contracts for medical
|
services to be provided to persons committed to Department |
facilities by
a health maintenance organization, medical |
service corporation, or other
health care provider, the bid may |
only be let to a health care provider
that has obtained an |
irrevocable letter of credit or performance bond
issued by a |
company whose bonds are rated AAA by a bond rating
|
organization.
|
(4) When the Department lets bids for
contracts for food or |
commissary services to be provided to
Department facilities, |
the bid may only be let to a food or commissary
services |
provider that has obtained an irrevocable letter of
credit or |
performance bond issued by a company whose bonds are rated
AAA |
by a bond rating organization.
|
(Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; |
revised 12-15-05.)
|
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
|
Sec. 5-5-5. Loss and Restoration of Rights.
|
(a) Conviction and disposition shall not entail the loss by |
the
defendant of any civil rights, except under this Section |
and Sections 29-6
and 29-10 of The Election Code, as now or |
hereafter amended.
|
(b) A person convicted of a felony shall be ineligible to |
hold an office
created by the Constitution of this State until |
the completion of his sentence.
|
(c) A person sentenced to imprisonment shall lose his right |
to vote
until released from imprisonment.
|
|
(d) On completion of sentence of imprisonment or upon |
discharge from
probation, conditional discharge or periodic |
imprisonment, or at any time
thereafter, all license rights and |
privileges
granted under the authority of this State which have |
been revoked or
suspended because of conviction of an offense |
shall be restored unless the
authority having jurisdiction of |
such license rights finds after
investigation and hearing that |
restoration is not in the public interest.
This paragraph (d) |
shall not apply to the suspension or revocation of a
license to |
operate a motor vehicle under the Illinois Vehicle Code.
|
(e) Upon a person's discharge from incarceration or parole, |
or upon a
person's discharge from probation or at any time |
thereafter, the committing
court may enter an order certifying |
that the sentence has been
satisfactorily completed when the |
court believes it would assist in the
rehabilitation of the |
person and be consistent with the public welfare.
Such order |
may be entered upon the motion of the defendant or the State or
|
upon the court's own motion.
|
(f) Upon entry of the order, the court shall issue to the |
person in
whose favor the order has been entered a certificate |
stating that his
behavior after conviction has warranted the |
issuance of the order.
|
(g) This Section shall not affect the right of a defendant |
to
collaterally attack his conviction or to rely on it in bar |
of subsequent
proceedings for the same offense.
|
(h) No application for any license specified in subsection |
(i) of this
Section granted under the
authority of this State |
shall be denied by reason of an eligible offender who
has |
obtained a certificate of relief from disabilities, as
defined |
in Article 5.5 of this Chapter, having been previously |
convicted of one
or more
criminal offenses, or by reason of a |
finding of lack of "good moral
character" when the finding is |
based upon the fact that the applicant has
previously been |
convicted of one or more criminal offenses, unless:
|
(1) there is a direct relationship between one or more |
of the previous
criminal offenses and the specific license |
|
sought; or
|
(2) the issuance of the license would
involve an |
unreasonable risk to property or to the safety or welfare |
of
specific individuals or the general public.
|
In making such a determination, the licensing agency shall |
consider the
following factors:
|
(1) the public policy of this State, as expressed in |
Article 5.5 of this
Chapter, to encourage the licensure and |
employment of persons previously
convicted of one or more |
criminal offenses;
|
(2) the specific duties and responsibilities |
necessarily related to the
license being sought;
|
(3) the bearing, if any, the criminal offenses or |
offenses for which the
person
was previously convicted will |
have on his or her fitness or ability to perform
one or
|
more such duties and responsibilities;
|
(4) the time which has elapsed since the occurrence of |
the criminal
offense or offenses;
|
(5) the age of the person at the time of occurrence of |
the criminal
offense or offenses;
|
(6) the seriousness of the offense or offenses;
|
(7) any information produced by the person or produced |
on his or her
behalf in
regard to his or her rehabilitation |
and good conduct, including a certificate
of relief from |
disabilities issued to the applicant, which certificate |
shall
create a presumption of rehabilitation in regard to |
the offense or offenses
specified in the certificate; and
|
(8) the legitimate interest of the licensing agency in |
protecting
property, and
the safety and welfare of specific |
individuals or the general public.
|
(i) A certificate of relief from disabilities shall be |
issued only
for a
license or certification issued under the |
following Acts:
|
(1) the Animal Welfare Act; except that a certificate |
of relief from
disabilities may not be granted
to provide |
for
the
issuance or restoration of a license under the |
|
Animal Welfare Act for any
person convicted of violating |
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane |
Care for Animals Act or Section 26-5 of the Criminal Code |
of
1961;
|
(2) the Illinois Athletic Trainers Practice Act;
|
(3) the Barber, Cosmetology, Esthetics, and Nail |
Technology Act of 1985;
|
(4) the Boiler and Pressure Vessel Repairer Regulation |
Act;
|
(5) the Professional Boxing Act;
|
(6) the Illinois Certified Shorthand Reporters Act of |
1984;
|
(7) the Illinois Farm Labor Contractor Certification |
Act;
|
(8) the Interior Design Title Act;
|
(9) the Illinois Professional Land Surveyor Act of |
1989;
|
(10) the Illinois Landscape Architecture Act of 1989;
|
(11) the Marriage and Family Therapy Licensing Act;
|
(12) the Private Employment Agency Act;
|
(13) the Professional Counselor and Clinical |
Professional Counselor
Licensing
Act;
|
(14) the Real Estate License Act of 2000;
|
(15) the Illinois Roofing Industry Licensing Act; |
(16) the Professional Engineering Practice Act of |
1989; |
(17) the Water Well and Pump Installation Contractor's |
License Act; and |
(18) the Electrologist Licensing Act; .
|
(19) the Auction License Act; |
(20) Illinois Architecture Practice Act of 1989; |
(21) the Dietetic and Nutrition Services Practice Act; |
(22) the Environmental Health Practitioner Licensing |
Act; |
(23) the Funeral Directors and Embalmers Licensing |
Code; |
|
(24) the Land Sales Registration Act of 1999; |
(25) the Professional Geologist Licensing Act; |
(26) the Illinois Public Accounting Act; and |
(27) the Structural Engineering Practice Act of 1989.
|
(Source: P.A. 93-207, eff. 1-1-04; 93-914, eff. 1-1-05.)
|
(730 ILCS 5/5-5.5-5)
|
Sec. 5-5.5-5. Definitions and rules of construction. In |
this Article:
|
"Eligible offender" means a person who has been
convicted |
of a crime or of an offense that is not a crime of violence as
|
defined in Section 2 of the Crime Victims Compensation Act, a |
Class X or
a nonprobationable offense, or a violation of |
Article 11 or Article 12 of the
Criminal Code of 1961, but who |
has not been convicted more than twice
once of a
felony.
|
"Felony" means a conviction of a felony in this State, or
|
of an offense in any other jurisdiction for which a sentence to |
a
term of imprisonment in excess of one year, was authorized.
|
For the purposes of this Article the following rules of |
construction apply:
|
(i) two or more convictions of felonies charged in |
separate counts of one
indictment or information shall be |
deemed to be one conviction;
|
(ii) two or more convictions of felonies charged in 2 |
or more indictments
or informations, filed in the same |
court prior to entry of judgment under any
of them, shall |
be deemed to be one conviction; and
|
(iii) a plea or a verdict of guilty upon which a |
sentence
of probation, conditional discharge, or |
supervision
has been imposed shall be deemed to be a |
conviction.
|
(Source: P.A. 93-207, eff. 1-1-04.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |