102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0789
 
Introduced 2/25/2021, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:
 
 
730 ILCS 5/3-2-5  from Ch. 38, par. 1003-2-5

    Amends the Unified Code of Corrections.  Makes a technical change in a
Section concerning the organization of the Department of Corrections and the Department of Juvenile Justice.



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A BILL FOR
 


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1    AN ACT concerning criminal law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Unified Code of Corrections is amended by 
5changing Section 3-2-5 as follows:
 

6    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)



7    Sec. 3-2-5. Organization of the Department of Corrections 
8and the Department of Juvenile Justice. 

9    (a) There shall be a Department of Corrections which shall

10be administered by a Director and
and an Assistant Director 
11appointed by the Governor under
the Civil Administrative Code 
12of Illinois. The Assistant Director shall be
under the 
13direction of the Director. The Department of Corrections shall 
14be
responsible for all persons committed or transferred to the 
15Department
under Sections 3-10-7 or 5-8-6 of this Code.
16    (b)
There shall be a Department of Juvenile Justice which 
17shall be administered by a Director appointed by the Governor 
18under the Civil Administrative Code of Illinois.  The 
19Department of Juvenile Justice shall be responsible for all 
20persons under 18 years of age when sentenced to imprisonment 
21and committed to the Department under subsection (c) of 
22Section 5-8-6 of this Code, Section 5-10 of the Juvenile Court 
23Act, or Section 5-750 of the Juvenile Court Act of 1987.  
 
 
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1Persons under 18 years of age committed to the Department of 
2Juvenile Justice pursuant to this Code shall be sight and 
3sound separate from adult offenders  committed to the 
4Department of Corrections.

5    (c) The Department shall create a gang intelligence unit 
6under the
supervision of the Director.  The unit shall be 
7specifically designed to gather
information regarding the 
8inmate gang population, monitor the activities of
gangs, and 
9prevent the furtherance of gang activities through the 
10development
and implementation of policies aimed at deterring 
11gang activity. The Director
shall appoint a Corrections 
12Intelligence Coordinator.

13    All information collected and maintained by the unit shall 
14be highly
confidential, and access to that information shall 
15be restricted by the
Department.  The information
shall be used 
16to control and limit the activities of gangs within 
17correctional
institutions under the jurisdiction of the 
18Illinois
Department of Corrections and may be shared with 
19other law enforcement agencies
in order to curb gang 
20activities outside of correctional institutions under the

21jurisdiction of the Department and to assist in
the 
22investigations and prosecutions of gang activity.  The 
23Department shall
establish and promulgate rules governing the 
24release of information to outside
law enforcement agencies.  
25Due to the highly sensitive nature of the
information, the 
26information is exempt from requests for disclosure under the

 
 
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1Freedom
of Information Act as the information contained is 
2highly confidential and may
be harmful if disclosed.

3(Source: P.A. 98-463, eff. 8-16-13; 99-628, eff. 1-1-17.)