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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1417
Introduced 2/9/2007, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
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725 ILCS 5/100-1 |
from Ch. 38, par. 100-1 |
730 ILCS 5/3-2-5 |
from Ch. 38, par. 1003-2-5 |
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Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning
the
short title.
Amends the Unified Code of Corrections. Makes a technical change in a
Section concerning the organization of the Department of Corrections. |
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A BILL FOR
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SB1417 |
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LRB095 11038 RLC 31358 b |
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| AN ACT concerning criminal law.
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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 Code of Criminal Procedure of 1963 is |
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| amended by changing Section 100-1 as follows:
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| (725 ILCS 5/100-1) (from Ch. 38, par. 100-1)
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| Sec. 100-1. Short
title.
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| This Act shall be known and
and may be cited as the "Code |
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| of Criminal
Procedure of 1963". |
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| (Source: Laws 1963, p. 2836.)
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| Section 10. The Unified Code of Corrections is amended by |
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| changing Section 3-2-5 as follows:
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| (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
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| Sec. 3-2-5. Organization of the Department of Corrections |
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| and the Department of Juvenile Justice.
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| (a) There shall be an Adult Division within the
the
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| Department which shall
be administered by an Assistant Director |
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| appointed by the Governor under
The Civil Administrative Code |
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| of Illinois. The Assistant Director shall be
under the |
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| direction of the Director. The Adult Division shall be
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| responsible for all persons committed or transferred to the |
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SB1417 |
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LRB095 11038 RLC 31358 b |
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| Department
under Sections 3-10-7 or 5-8-6 of this Code.
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| (b)
There shall be a Department of Juvenile Justice which |
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| shall be administered by a Director appointed by the Governor |
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| under the Civil Administrative Code of Illinois. The Department |
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| of Juvenile Justice shall be responsible for all persons under |
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| 17 years of age when sentenced to imprisonment and committed to |
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| the Department under subsection (c) of Section 5-8-6 of this |
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| Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 |
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| of the Juvenile Court Act of 1987. Persons under 17 years of |
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| age committed to the Department of Juvenile Justice pursuant to |
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| this Code shall be sight and sound separate from adult |
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| offenders committed to the Department of Corrections.
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| (c) The Department shall create a gang intelligence unit |
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| under the
supervision of the Director. The unit shall be |
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| specifically designed to gather
information regarding the |
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| inmate gang population, monitor the activities of
gangs, and |
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| prevent the furtherance of gang activities through the |
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| development
and implementation of policies aimed at deterring |
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| gang activity. The Director
shall appoint a Corrections |
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| Intelligence Coordinator.
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| All information collected and maintained by the unit shall |
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| be highly
confidential, and access to that information shall be |
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| restricted by the
Department. The information
shall be used to |
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| control and limit the activities of gangs within correctional
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| institutions under the jurisdiction of the Illinois
Department |
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| of Corrections and may be shared with other law enforcement |
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SB1417 |
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LRB095 11038 RLC 31358 b |
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| agencies
in order to curb gang activities outside of |
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| correctional institutions under the
jurisdiction of the |
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| Department and to assist in
the investigations and prosecutions |
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| of gang activity. The Department shall
establish and promulgate |
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| rules governing the release of information to outside
law |
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| enforcement agencies. Due to the highly sensitive nature of the
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| information, the information is exempt from requests for |
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| disclosure under the
Freedom
of Information Act as the |
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| information contained is highly confidential and may
be harmful |
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| if disclosed.
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| The Department shall file an annual report with the General |
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| Assembly on the
profile of the inmate
population associated |
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| with gangs, gang-related activity within correctional
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| institutions under the jurisdiction of the Department,
and an |
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| overall status of the unit as it relates to its function and
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| performance.
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| (Source: P.A. 94-696, eff. 6-1-06.)
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