Public Act 096-1265
 
HB5006 EnrolledLRB096 15767 RLC 31007 b


  
    AN ACT concerning corrections.
  
 
    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 3-2-2 as follows:
 


    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)




    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
 Department of Healthcare and Family 
    Services

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.

        (u-5)  To issue an order, whenever a person committed to 
    the Department absconds or absents himself or herself, 
    without authority to do so, from any facility or program to 
    which he or she is assigned.  The  order shall be certified 
    by the Director, the Supervisor of the Apprehension Unit, 
    or any person duly designated by the Director, with the 
    seal of the Department affixed. The order shall be directed 
    to all sheriffs, coroners, and police officers, or to any 
    particular person named in the order.  Any order issued 
    pursuant to this subdivision (1) (u-5) shall be sufficient 
    warrant for the officer or person named in the order to 
    arrest and deliver the committed person to the proper 
    correctional officials and shall be executed the same as 
    criminal process. 

        (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; 
94-1067, eff. 8-1-06.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.