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Public Act 097-0802
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| SB2844 Enrolled | LRB097 17589 RLC 62795 b |
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AN ACT concerning corrections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-2-2 and 3-6-2 as follows:
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(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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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 |
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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 |
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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.
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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.
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(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 |
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 |
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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 |
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 |
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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 |
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
Department of Healthcare and Family |
Services
for the purpose of verifying living arrangements |
and for other purposes
directly connected with the |
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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 |
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 |
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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) (Blank).
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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 |
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), |
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"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 |
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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 |
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
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children.
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(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 |
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arrest and deliver the committed person to the proper |
correctional officials and shall be executed the same as |
criminal process.
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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 have an investment grade or higher rating |
are rated AAA by a bond rating
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 have an |
investment grade or higher rating are rated
AAA by a bond |
rating organization.
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(Source: P.A. 96-1265, eff. 7-26-10.)
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(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) |
Sec. 3-6-2. Institutions and Facility Administration.
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(a) Each institution and facility of the Department shall |
be
administered by a chief administrative officer appointed by
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the Director. A chief administrative officer shall be
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responsible for all persons assigned to the institution or
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facility. The chief administrative officer shall administer
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the programs of the Department for the custody and treatment
of |
such persons.
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(b) The chief administrative officer shall have such |
assistants
as the Department may assign.
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(c) The Director or Assistant Director shall have the
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emergency powers to temporarily transfer individuals without
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formal procedures to any State, county, municipal or regional
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correctional or detention institution or facility in the State,
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subject to the acceptance of such receiving institution or
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facility, or to designate any reasonably secure place in the
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State as such an institution or facility and to make transfers
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thereto. However, transfers made under emergency powers shall
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be reviewed as soon as practicable under Article 8, and shall
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be subject to Section 5-905 of the Juvenile Court Act of
1987. |
This Section shall not apply to transfers to the Department of
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Human Services which are provided for under
Section 3-8-5 or |
Section 3-10-5.
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(d) The Department shall provide educational programs for |
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all
committed persons so that all persons have an opportunity |
to
attain the achievement level equivalent to the completion of
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the twelfth grade in the public school system in this State.
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Other higher levels of attainment shall be encouraged and
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professional instruction shall be maintained wherever |
possible.
The Department may establish programs of mandatory |
education and may
establish rules and regulations for the |
administration of such programs.
A person committed to the |
Department who, during the period of his or her
incarceration, |
participates in an educational program provided by or through
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the Department and through that program is awarded or earns the |
number of
hours of credit required for the award of an |
associate, baccalaureate, or
higher degree from a community |
college, college, or university located in
Illinois shall |
reimburse the State, through the Department, for the costs
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incurred by the State in providing that person during his or |
her incarceration
with the education that qualifies him or her |
for the award of that degree. The
costs for which reimbursement |
is required under this subsection shall be
determined and |
computed by the Department under rules and regulations that
it |
shall establish for that purpose. However, interest at the rate |
of 6%
per annum shall be charged on the balance of those costs |
from time to time
remaining unpaid, from the date of the |
person's parole, mandatory supervised
release, or release |
constituting a final termination of his or her commitment
to |
the Department until paid.
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(d-5) A person committed to the Department is entitled to |
confidential testing for infection with human immunodeficiency |
virus (HIV) and to counseling in connection with such testing, |
with no copay to the committed person. A person committed to |
the Department who has tested positive for infection with HIV |
is entitled to medical care while incarcerated, counseling, and |
referrals to support services, in connection with that positive |
test result. Implementation of this subsection (d-5) is subject |
to appropriation.
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(e) A person committed to the Department who becomes in |
need
of medical or surgical treatment but is incapable of |
giving
consent thereto shall receive such medical or surgical |
treatment
by the chief administrative officer consenting on the |
person's behalf.
Before the chief administrative officer |
consents, he or she shall
obtain the advice of one or more |
physicians licensed to practice medicine
in all its branches in |
this State. If such physician or physicians advise:
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(1) that immediate medical or surgical treatment is |
required
relative to a condition threatening to cause |
death, damage or
impairment to bodily functions, or |
disfigurement; and
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(2) that the person is not capable of giving consent to |
such treatment;
the chief administrative officer may give |
consent for such
medical or surgical treatment, and such |
consent shall be
deemed to be the consent of the person for |
all purposes,
including, but not limited to, the authority |
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of a physician
to give such treatment. |
(e-5) If a physician providing medical care to a committed |
person on behalf of the Department advises the chief |
administrative officer that the committed person's mental or |
physical health has deteriorated as a result of the cessation |
of ingestion of food or liquid to the point where medical or |
surgical treatment is required to prevent death, damage, or |
impairment to bodily functions, the chief administrative |
officer may authorize such medical or surgical treatment.
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(f) In the event that the person requires medical care and
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treatment at a place other than the institution or facility,
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the person may be removed therefrom under conditions prescribed
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by the Department.
The Department shall require the committed |
person receiving medical or dental
services on a non-emergency |
basis to pay a $5 co-payment to the Department for
each visit |
for medical or dental services. The amount of each co-payment |
shall be deducted from the
committed person's individual |
account.
A committed person who has a chronic illness, as |
defined by Department rules
and regulations, shall be exempt |
from the $5 co-payment for treatment of the
chronic illness. A |
committed person shall not be subject to a $5 co-payment
for |
follow-up visits ordered by a physician, who is employed by, or |
contracts
with, the Department. A committed person who is |
indigent is exempt from the
$5 co-payment
and is entitled to |
receive medical or dental services on the same basis as a
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committed person who is financially able to afford the |
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co-payment.
For purposes of this Section only, "indigent" means |
a committed person who has $20 or less in his or her Inmate |
Trust Fund at the time of such services and or for the 30 days |
prior to such services. Notwithstanding any other provision in |
this subsection (f) to the contrary,
any person committed to |
any facility operated by the Department of Juvenile Justice, as |
set
forth in Section 3-2.5-15 of this Code, is exempt from the
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co-payment requirement for the duration of confinement in those |
facilities.
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(g) Any person having sole custody of a child at
the time |
of commitment or any woman giving birth to a child after
her |
commitment, may arrange through the Department of Children
and |
Family Services for suitable placement of the child outside
of |
the Department of Corrections. The Director of the Department
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of Corrections may determine that there are special reasons why
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the child should continue in the custody of the mother until |
the
child is 6 years old.
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(h) The Department may provide Family Responsibility |
Services which
may consist of, but not be limited to the |
following:
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(1) family advocacy counseling;
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(2) parent self-help group;
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(3) parenting skills training;
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(4) parent and child overnight program;
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(5) parent and child reunification counseling, either |
separately or
together, preceding the inmate's release; |
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and
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(6) a prerelease reunification staffing involving the |
family advocate,
the inmate and the child's counselor, or |
both and the inmate.
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(i) (Blank). a test approved by the Illinois Department of |
Public Health to determine the presence of HIV infection, based |
upon recommendations of United States Centers for Disease |
Control and Prevention a reliable supplemental based upon |
recommendations of the United States Centers for Disease |
Control and Prevention information
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(j) Any person convicted of a sex offense as defined in the |
Sex Offender
Management Board Act shall be required to receive |
a sex offender evaluation
prior to release into the community |
from the Department of Corrections. The
sex offender evaluation |
shall be conducted in conformance with the standards
and |
guidelines developed under
the Sex Offender Management Board |
Act and by an evaluator approved by the
Board.
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(k) Any minor committed to the Department of Juvenile |
Justice
for a sex offense as defined by the Sex Offender |
Management Board Act shall be
required to undergo sex offender |
treatment by a treatment provider approved by
the Board and |
conducted in conformance with the Sex Offender Management Board
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Act.
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(l) Prior to the release of any inmate committed to a |
facility of the Department or the Department of Juvenile |
Justice, the Department must provide the inmate with |
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appropriate information verbally, in writing, by video, or |
other electronic means, concerning HIV and AIDS. The Department |
shall develop the informational materials in consultation with |
the Department of Public Health. At the same time, the |
Department must also offer the committed person the option of |
testing for infection with human immunodeficiency virus (HIV), |
with no copayment for the test. Pre-test information shall be |
provided to the committed person and informed consent obtained |
as required in subsection (d) of Section 3 and Section 5 of the |
AIDS Confidentiality Act. The Department may conduct opt-out |
HIV testing as defined in Section 4 of the AIDS Confidentiality |
Act. If the Department conducts opt-out HIV testing, the |
Department shall place signs in English, Spanish and other |
languages as needed in multiple, highly visible locations in |
the area where HIV testing is conducted informing inmates that |
they will be tested for HIV unless they refuse, and refusal or |
acceptance of testing shall be documented in the inmate's |
medical record. The Department shall follow procedures |
established by the Department of Public Health to conduct HIV |
testing and testing to confirm positive HIV test results. All |
testing must be conducted by medical personnel, but pre-test |
and other information may be provided by committed persons who |
have received appropriate training. The Department, in |
conjunction with the Department of Public Health, shall develop |
a plan that complies with the AIDS Confidentiality Act to |
deliver confidentially all positive or negative HIV test |
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results to inmates or former inmates. Nothing in this Section |
shall require the Department to offer HIV testing to an inmate |
who is known to be infected with HIV, or who has been tested |
for HIV within the previous 180 days and whose documented HIV |
test result is available to the Department electronically. The
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testing provided under this subsection (l) shall consist of a |
test approved by the Illinois Department of Public Health to |
determine the presence of HIV infection, based upon |
recommendations of the United States Centers for Disease |
Control and Prevention. If the test result is positive, a |
reliable supplemental test based upon recommendations of the |
United States Centers for Disease Control and Prevention shall |
be
administered.
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Prior to the release of an inmate who the Department knows |
has tested positive for infection with HIV, the Department in a |
timely manner shall offer the inmate transitional case |
management, including referrals to other support services.
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(m) The chief administrative officer of each institution or |
facility of the Department shall make a room in the institution |
or facility available for addiction recovery services to be |
provided to committed persons on a voluntary basis. The |
services shall be provided for one hour once a week at a time |
specified by the chief administrative officer of the |
institution or facility if the following conditions are met: |
(1) the addiction recovery service contacts the chief |
administrative officer to arrange the meeting; |
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(2) the committed person may attend the meeting for |
addiction recovery services only if the committed person |
uses pre-existing free time already available to the |
committed person; |
(3) all disciplinary and other rules of the institution |
or facility remain in effect; |
(4) the committed person is not given any additional |
privileges to attend addiction recovery services; |
(5) if the addiction recovery service does not arrange |
for scheduling a meeting for that week, no addiction |
recovery services shall be provided to the committed person |
in the institution or facility for that week; |
(6) the number of committed persons who may attend an |
addiction recovery meeting shall not exceed 40 during any |
session held at the correctional institution or facility; |
(7) a volunteer seeking to provide addiction recovery |
services under this subsection (m) must submit an |
application to the Department of Corrections under |
existing Department rules and the Department must review |
the application within 60 days after submission of the |
application to the Department; and |
(8) each institution and facility of the Department |
shall manage the addiction recovery services program |
according to its own processes and procedures. |
For the purposes of this subsection (m), "addiction |
recovery services" means recovery services for alcoholics and |