96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1993


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Eddie Washington
 
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.
















LRB096 05391 RLC 15457 b

















 


 


A BILL FOR









 











HB1993

LRB096 05391 RLC 15457 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 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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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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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.)