HB3779 103RD GENERAL ASSEMBLY

LRB103 31006 RLC 57617 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3779

Introduced 2/17/2023, by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-13-4

from Ch. 38, par. 1003-13-4

Amends the Unified Code of Corrections. Provides that the 15-day notification requirement to the State's Attorney and Sheriff of the county in which a work release facility is located that a committed person is being placed in a work release facility does not apply to individuals required to be housed outside the penitentiary system. Provides that for those individuals required to be housed outside the penitentiary system, the Department of Corrections as soon as reasonably practicable shall provide the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Provides that the information shall include, but is not limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the custody of the Department of Corrections, and similar information. Provides that the Department of Corrections shall, in addition, give written notice as soon as reasonably practicable to the State's Attorney of the county from which the individual was originally sentenced.

A BILL FOR

AN ACT concerning criminal law.

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 3-13-4 as follows:

(730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4)

Sec. 3-13-4. Rules and Sanctions.)

(a) The Department shall establish rules governing release status and shall provide written copies of such rules to both the committed person on work or day release and to the employer or other person responsible for the individual. Such employer or other responsible person shall agree to abide by such rules, notify the Department of any violation thereof by the individual on release status, and notify the Department of the discharge of the person from work or other programs.

(b) If a committed person violates any rule, the Department may impose sanctions appropriate to the violation. The Department shall provide sanctions for unauthorized absences which shall include prosecution for escape under Section 3-6-4.

(c) An order certified by the Director, Assistant Director, or the Supervisor of the Apprehension Unit, or a person duly designated by him or her, with the seal of the Department of Corrections attached and directed to all sheriffs, coroners, police officers, or to any particular persons named in the order shall be sufficient warrant for the officer or person named therein to arrest and deliver the violator to the proper correctional official. Such order shall be executed the same as criminal processes.

In the event that a work-releasee is arrested for another crime, the sheriff or police officer shall hold the releasee in custody until he notifies the nearest Office of Field Services or any of the above-named persons designated in this Section to certify the particular process or warrant.

(d) Not less than 15 days prior to any person being placed in a work release facility, the Department of Corrections shall provide to the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but not be limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the Department of Corrections, and like information. The Department of Corrections shall, in addition, give written notice not less than 15 days prior to the placement to the State's Attorney of the county from which the offender was originally sentenced. The notification requirements of this subsection (d) do not apply to those individuals required to be housed outside the penitentiary system pursuant to subsection (a) of Section 5-8-6.

(e) For those individuals required to be housed outside the penitentiary system as outlined in subsection (a) of Section 5-8-6, the Department as soon as reasonably practicable shall provide the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but is not limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the custody of the Department of Corrections, and similar information. The Department of Corrections shall, in addition, give written notice as soon as reasonably practicable to the State's Attorney of the county from which the individual was originally sentenced.

(Source: P.A. 97-1083, eff. 8-24-12.)