Rep. Dennis M. Reboletti
Filed: 4/8/2014
 
 

 

 

 
09800HB5766ham001LRB098 18670 RLC 58458 a



1
AMENDMENT TO HOUSE BILL 5766 




2    AMENDMENT NO. ______. Amend House Bill 5766 by replacing 
3everything after the enacting clause with the following:


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


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




7    Sec. 3-2-2. Powers and Duties of the Department. 

8    (1) In addition to the powers, duties and responsibilities 
9which are
otherwise provided by law, the Department shall have 
10the following powers:


11        (a) To accept persons committed to it by the courts of 
12    this State for
care, custody, treatment and 
13    rehabilitation, and to accept federal prisoners and aliens 
14    over whom the Office of the Federal Detention Trustee is 
15    authorized to exercise the federal detention function for 
16    limited purposes and periods of time.


 
 
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1        (b) To develop and maintain reception and evaluation 
2    units for purposes
of analyzing the custody and 
3    rehabilitation needs of persons committed to
it and to 
4    assign such persons to institutions and programs under its 
5    control
or transfer them to other appropriate agencies.  In 
6    consultation with the
Department of Alcoholism and 
7    Substance Abuse (now the Department of Human
Services), the 
8    Department of Corrections
shall develop a master plan for 
9    the screening and evaluation of persons
committed to its 
10    custody who have alcohol or drug abuse problems, and for

11    making appropriate treatment available to such persons; 
12    the Department
shall report to the General Assembly on such 
13    plan not later than April 1,
1987.  The maintenance and 
14    implementation of such plan shall be contingent
upon the 
15    availability of funds.


16        (b-1) To create and implement, on January 1, 2002, a 
17    pilot
program to
establish the effectiveness of 
18    pupillometer technology (the measurement of the
pupil's

19    reaction to light) as an alternative to a urine test for 
20    purposes of screening
and evaluating
persons committed to 
21    its custody who have alcohol or drug problems. The
pilot 
22    program shall require the pupillometer technology to be 
23    used in at
least one Department of
Corrections facility.  
24    The Director may expand the pilot program to include an

25    additional facility or
facilities as he or she deems 
26    appropriate.
A minimum of 4,000 tests shall be included in 
 
 
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1    the pilot program.
The
Department must report to the

2    General Assembly on the
effectiveness of the program by 
3    January 1, 2003.


4        (b-5) To develop, in consultation with the Department 
5    of State Police, a
program for tracking and evaluating each 
6    inmate from commitment through release
for recording his or 
7    her gang affiliations, activities, or ranks.


8        (c) To maintain and administer all State correctional 
9    institutions and
facilities under its control and to 
10    establish new ones as needed.  Pursuant
to its power to 
11    establish new institutions and facilities, the Department

12    may, with the written approval of the Governor, authorize 
13    the Department of
Central Management Services to enter into 
14    an agreement of the type
described in subsection (d) of 
15    Section 405-300 of the
Department
of Central Management 
16    Services Law (20 ILCS 405/405-300).  The Department shall

17    designate those institutions which
shall constitute the 
18    State Penitentiary System.


19        Pursuant to its power to establish new institutions and 
20    facilities, the
Department may authorize the Department of 
21    Central Management Services to
accept bids from counties 
22    and municipalities for the construction,
remodeling or 
23    conversion of a structure to be leased to the Department of

24    Corrections for the purposes of its serving as a 
25    correctional institution
or facility.  Such construction, 
26    remodeling or conversion may be financed
with revenue bonds 
 
 
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1    issued pursuant to the Industrial Building Revenue Bond
Act 
2    by the municipality or county.  The lease specified in a bid 
3    shall be
for a term of not less than the time needed to 
4    retire any revenue bonds
used to finance the project, but 
5    not to exceed 40 years.  The lease may
grant to the State 
6    the option to purchase the structure outright.


7        Upon receipt of the bids, the Department may certify 
8    one or more of the
bids and shall submit any such bids to 
9    the General Assembly for approval.
Upon approval of a bid 
10    by a constitutional majority of both houses of the
General 
11    Assembly, pursuant to joint resolution, the Department of 
12    Central
Management Services may enter into an agreement 
13    with the county or
municipality pursuant to such bid.


14        (c-5) To build and maintain regional juvenile 
15    detention centers and to
charge a per diem to the counties 
16    as established by the Department to defray
the costs of 
17    housing each minor in a center.  In this subsection (c-5),

18    "juvenile
detention center" means a facility to house 
19    minors during pendency of trial who
have been transferred 
20    from proceedings under the Juvenile Court Act of 1987 to

21    prosecutions under the criminal laws of this State in 
22    accordance with Section
5-805 of the Juvenile Court Act of 
23    1987, whether the transfer was by operation
of
law or 
24    permissive under that Section.  The Department shall 
25    designate the
counties to be served by each regional 
26    juvenile detention center.


 
 
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1        (d) To develop and maintain programs of control, 
2    rehabilitation and
employment of committed persons within 
3    its institutions.

4        (d-5) To provide a pre-release job preparation program 
5    for inmates at Illinois adult correctional centers.


6        (e) To establish a system of supervision and guidance 
7    of committed persons
in the community.


8        (f) To establish in cooperation with the Department of 
9    Transportation
to supply a sufficient number of prisoners 
10    for use by the Department of
Transportation to clean up the 
11    trash and garbage along State, county,
township, or 
12    municipal highways as designated by the Department of

13    Transportation.  The Department of Corrections, at the 
14    request of the
Department of Transportation, shall furnish 
15    such prisoners at least
annually for a period to be agreed 
16    upon between the Director of
Corrections and the Director 
17    of Transportation.  The prisoners used on this
program shall 
18    be selected by the Director of Corrections on whatever 
19    basis
he deems proper in consideration of their term, 
20    behavior and earned eligibility
to participate in such 
21    program - where they will be outside of the prison
facility 
22    but still in the custody of the Department of Corrections.  
23    Prisoners
convicted of first degree murder, or a Class X 
24    felony, or armed violence, or
aggravated kidnapping,  or 
25    criminal sexual assault, aggravated criminal sexual
abuse 
26    or a subsequent conviction for criminal sexual abuse, or 
 
 
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1    forcible
detention, or arson, or a prisoner adjudged a 
2    Habitual Criminal shall not be
eligible for selection to 
3    participate in such program.  The prisoners shall
remain as 
4    prisoners in the custody of the Department of Corrections 
5    and such
Department shall furnish whatever security is 
6    necessary. The Department of
Transportation shall furnish 
7    trucks and equipment for the highway cleanup
program and 
8    personnel to supervise and direct the program. Neither the

9    Department of Corrections nor the Department of 
10    Transportation shall replace
any regular employee with a 
11    prisoner.


12        (g) To maintain records of persons committed to it and 
13    to establish
programs of research, statistics and 
14    planning.


15        (h) To investigate the grievances of any person 
16    committed to the
Department, to inquire into any alleged 
17    misconduct by employees
or committed persons, and to 
18    investigate the assets
of committed persons to implement 
19    Section 3-7-6 of this Code; and for
these purposes it may 
20    issue subpoenas and compel the attendance of witnesses
and 
21    the production of writings and papers, and may examine 
22    under oath any
witnesses who may appear before it; to also 
23    investigate alleged violations
of a parolee's or 
24    releasee's conditions of parole or release; and for this

25    purpose it may issue subpoenas and compel the attendance of 
26    witnesses and
the production of documents only if there is 
 
 
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1    reason to believe that such
procedures would provide 
2    evidence that such violations have occurred.


3        If any person fails to obey a subpoena issued under 
4    this subsection,
the Director may apply to any circuit 
5    court to secure compliance with the
subpoena.  The failure 
6    to comply with the order of the court issued in
response 
7    thereto shall be punishable as contempt of court.


8        (i) To appoint and remove the chief administrative 
9    officers, and
administer
programs of training and 
10    development of personnel of the Department. Personnel

11    assigned by the Department to be responsible for the

12    custody and control of committed persons or to investigate 
13    the alleged
misconduct of committed persons or employees or 
14    alleged violations of a
parolee's or releasee's conditions 
15    of parole shall be conservators of the peace
for those 
16    purposes, and shall have the full power of peace officers 
17    outside
of the facilities of the Department in the 
18    protection, arrest, retaking
and reconfining of committed 
19    persons or where the exercise of such power
is necessary to 
20    the investigation of such misconduct or violations. This 
21    subsection shall not apply to persons committed to the 
22    Department of Juvenile Justice under the Juvenile Court Act 
23    of 1987 on aftercare release.


24        (j) To cooperate with other departments and agencies 
25    and with local
communities for the development of standards 
26    and programs for better
correctional services in this 
 
 
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1    State.


2        (k) To administer all moneys and properties of the 
3    Department.


4        (l) To report annually to the Governor on the committed

5    persons, institutions and programs of the Department.


6        (l-5) (Blank).


7        (m) To make all rules and regulations and exercise all 
8    powers and duties
vested by law in the Department.


9        (n) To establish rules and regulations for 
10    administering a system of
sentence credits, established in 
11    accordance with Section 3-6-3, subject
to review by the 
12    Prisoner Review Board.


13        (o) To administer the distribution of funds
from the 
14    State Treasury to reimburse counties where State penal

15    institutions are located for the payment of assistant 
16    state's attorneys'
salaries under Section 4-2001 of the 
17    Counties Code.


18        (p) To exchange information with the Department of 
19    Human Services and the
 Department of Healthcare and Family 
20    Services

for the purpose of verifying living arrangements 
21    and for other purposes
directly connected with the 
22    administration of this Code and the Illinois
Public Aid 
23    Code.


24        (q) To establish a diversion program.


25        The program shall provide a structured environment for 
26    selected
technical parole or mandatory supervised release 
 
 
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1    violators and committed
persons who have violated the rules 
2    governing their conduct while in work
release.  This program 
3    shall not apply to those persons who have committed
a new 
4    offense while serving on parole or mandatory supervised 
5    release or
while committed to work release.


6        Elements of the program shall include, but shall not be 
7    limited to, the
following:


8            (1) The staff of a diversion facility shall provide 
9        supervision in
accordance with required objectives set 
10        by the facility.


11            (2) Participants shall be required to maintain 
12        employment.


13            (3) Each participant shall pay for room and board 
14        at the facility on a
sliding-scale basis according to 
15        the participant's income.


16            (4) Each participant shall:


17                (A) provide restitution to victims in 
18            accordance with any court order;


19                (B) provide financial support to his 
20            dependents; and


21                (C) make appropriate payments toward any other 
22            court-ordered
obligations.


23            (5) Each participant shall complete community 
24        service in addition to
employment.


25            (6) Participants shall take part in such 
26        counseling, educational and
other programs as the 
 
 
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1        Department may deem appropriate.


2            (7) Participants shall submit to drug and alcohol 
3        screening.


4            (8) The Department shall promulgate rules 
5        governing the administration
of the program.


6        (r) To enter into intergovernmental cooperation 
7    agreements under which
persons in the custody of the 
8    Department may participate in a county impact

9    incarceration program established under Section 3-6038 or 
10    3-15003.5 of the
Counties Code.


11        (r-5) (Blank).


12        (r-10) To systematically and routinely identify with 
13    respect to each
streetgang active within the correctional 
14    system: (1) each active gang; (2)
every existing inter-gang 
15    affiliation or alliance; and (3) the current leaders
in 
16    each gang.  The Department shall promptly segregate leaders 
17    from inmates who
belong to their gangs and allied gangs.  
18    "Segregate" means no physical contact
and, to the extent 
19    possible under the conditions and space available at the

20    correctional facility, prohibition of visual and sound 
21    communication.  For the
purposes of this paragraph (r-10), 
22    "leaders" means persons who:


23            (i) are members of a criminal streetgang;


24            (ii) with respect to other individuals within the 
25        streetgang, occupy a
position of organizer, 
26        supervisor, or other position of management or

 
 
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1        leadership; and


2            (iii) are actively and personally engaged in 
3        directing, ordering,
authorizing, or requesting 
4        commission of criminal acts by others, which are

5        punishable as a felony, in furtherance of streetgang 
6        related activity both
within and outside of the 
7        Department of Corrections.


8    "Streetgang", "gang", and "streetgang related" have the 
9    meanings ascribed to
them in Section 10 of the Illinois 
10    Streetgang Terrorism Omnibus Prevention
Act.


11        (s) To operate a super-maximum security institution, 
12    in order to
manage and
supervise inmates who are disruptive 
13    or dangerous and provide for the safety
and security of the 
14    staff and the other inmates.


15        (t) To monitor any unprivileged conversation or any 
16    unprivileged
communication, whether in person or  by mail, 
17    telephone, or other means,
between an inmate who, before 
18    commitment to the Department, was a member of an
organized 
19    gang and any other person without the need to show cause or 
20    satisfy
any other requirement of law before beginning the 
21    monitoring, except as
constitutionally required. The 
22    monitoring may be by video, voice, or other
method of 
23    recording or by any other means.  As used in this 
24    subdivision (1)(t),
"organized gang" has the meaning 
25    ascribed to it in Section 10 of the Illinois
Streetgang 
26    Terrorism Omnibus Prevention Act.


 
 
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1        As used in this subdivision (1)(t), "unprivileged 
2    conversation" or
"unprivileged communication" means a 
3    conversation or communication that is not
protected by any 
4    privilege recognized by law or by decision, rule, or order 
5    of
the Illinois Supreme Court.


6        (u) To establish a Women's and Children's Pre-release 
7    Community
Supervision
Program for the purpose of providing 
8    housing and services to eligible female
inmates, as 
9    determined by the Department, and their newborn and young

10    children.

11        (u-5)  To issue an order, whenever a person committed to 
12    the Department absconds or absents himself or herself, 
13    without authority to do so, from any facility or program to 
14    which he or she is assigned.  The  order shall be certified 
15    by the Director, the Supervisor of the Apprehension Unit, 
16    or any person duly designated by the Director, with the 
17    seal of the Department affixed. The order shall be directed 
18    to all sheriffs, coroners, and police officers, or to any 
19    particular person named in the order.  Any order issued 
20    pursuant to this subdivision (1) (u-5) shall be sufficient 
21    warrant for the officer or person named in the order to 
22    arrest and deliver the committed person to the proper 
23    correctional officials and shall be executed the same as 
24    criminal process. 
25        (u-6) To establish a pilot program under which the 
26    Department may identify one or more facilities in each of 3 
 
 
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1    counties, including Cook County, DuPage County, and 
2    another county selected by the Department which currently 
3    participates in the Adult Redeploy Illinois program under 
4    Section 20 of the Illinois Crime Reduction Act of 2009.

The 
5    Department may enter into an intergovernmental agreement 
6    with each participating county to establish one or more 
7    facilities in that county for the purpose of delivering 
8    intensive and individualized evidence-based substance 
9    abuse treatment to persons sentenced to incarceration, or 
10    one or more work release facilities, or both.

Contingent 
11    upon the establishment of a facility under an 
12    intergovernmental agreement between a participating county 
13    and the Department, if the court finds that any offender 
14    sentenced to a term of incarceration for any Class 2, Class 
15    3, or Class 4  felony violation of Section 402 of the 
16    Illinois Controlled Substances Act, Section 4 of the 
17    Cannabis Control Act, Section 60 of the Methamphetamine 
18    Control and Community Protection Act, Article 16 or 17 of 
19    the Criminal Code of 2012, burglary, or possession of 
20    burglary tools, may meet the eligibility requirements of 
21    the Department, then the court may in its sentencing order 
22    approve the offender for placement in the program, 
23    conditioned upon his or her acceptance in the program by 
24    the Department. Notwithstanding the sentencing provisions 
25    of this Code, the sentencing order also shall provide that 
26    if the Department accepts the offender in the program and 
 
 
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1    determines that the offender has successfully completed 
2    the program, the sentence shall be reduced to time 
3    considered served upon certification to the court by the 
4    Department that the offender has successfully completed 
5    the program. In the event the offender is not accepted for 
6    placement in the program or the offender does not 
7    successfully complete the program, his or her  term of 
8    imprisonment shall be as set forth by the court in its 
9    sentencing order.

In order to be eligible to participate in 
10    the program, the committed person shall meet all of the 
11    following requirements:
12            (1) A risks and needs assessment of the defendant 
13        conducted by the Department indicates that the person 
14        has an addiction or other severe substance abuse 
15        problem which makes it likely that he or she will 
16        reoffend if the substance abuse problem is not 
17        effectively treated.
18            (2) The person has not previously participated in 
19        the program and has not previously served a sentence of 
20        imprisonment for a felony in an adult correctional 
21        facility.
22            (3) The person has consented in writing to 
23        participation in the program and to the terms and 
24        conditions thereof.
25        The pilot program shall terminate on January 1, 2019. 

26        (v) To do all other acts necessary to carry out the 
 
 
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1    provisions
of this Chapter.

2    (2) The Department of Corrections shall by January 1, 1998, 
3consider
building and operating a correctional facility within 
4100 miles of a county of
over 2,000,000 inhabitants, especially 
5a facility designed to house juvenile
participants in the 
6impact incarceration program.

7    (3) When the Department lets bids for contracts for medical

8services to be provided to persons committed to Department 
9facilities by
a health maintenance organization, medical 
10service corporation, or other
health care provider, the bid may 
11only be let to a health care provider
that has obtained an 
12irrevocable letter of credit or performance bond
issued by a 
13company whose bonds have an investment grade or higher rating 
14by a bond rating
organization.

15    (4) When the Department lets bids for
contracts for food or 
16commissary services to be provided to
Department facilities, 
17the bid may only be let to a food or commissary
services 
18provider that has obtained an irrevocable letter of
credit or 
19performance bond issued by a company whose bonds have an 
20investment grade or higher rating by a bond rating 
21organization.

22    (5) On and after the date 6 months after August 16, 2013 
23(the effective date of Public Act 98-488) this amendatory Act 
24of the 98th General Assembly, as provided in the Executive 
25Order 1 (2012) Implementation Act, all of the powers, duties, 
26rights, and responsibilities related to State healthcare 
 
 
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1purchasing under this Code that were transferred from the 
2Department of Corrections to the Department of Healthcare and 
3Family Services by Executive Order 3 (2005) are transferred 
4back to the Department of Corrections; however, powers, duties, 
5rights, and responsibilities related to State healthcare 
6purchasing under this Code that were exercised by the 
7Department of Corrections before the effective date of 
8Executive Order 3 (2005) but that pertain to  individuals 
9resident in facilities operated by the Department of Juvenile 
10Justice are transferred to the Department of Juvenile Justice. 
11(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12; 
1297-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff. 
138-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)

 
 
14    Section 99. Effective date. This Act takes effect upon 
15becoming law.".