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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | |||||||||||||||||||||||||||||||||||||||
5 | Section 5.930 as follows: | |||||||||||||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.930 new) | |||||||||||||||||||||||||||||||||||||||
7 | Sec. 5.930. The Department of Juvenile Justice | |||||||||||||||||||||||||||||||||||||||
8 | Reimbursement and Education Fund. | |||||||||||||||||||||||||||||||||||||||
9 | Section 10. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||||||||||||||||||
10 | changing Sections 5-750, 5-815, and 5-820 as follows:
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11 | (705 ILCS 405/5-750)
| |||||||||||||||||||||||||||||||||||||||
12 | Sec. 5-750. Commitment to the Department of Juvenile | |||||||||||||||||||||||||||||||||||||||
13 | Justice. | |||||||||||||||||||||||||||||||||||||||
14 | (1) Except as provided in subsection (2) of this Section, | |||||||||||||||||||||||||||||||||||||||
15 | when any
delinquent has been adjudged a ward of the court under | |||||||||||||||||||||||||||||||||||||||
16 | this Act, the court may
commit him or her to the Department of | |||||||||||||||||||||||||||||||||||||||
17 | Juvenile Justice, if it
finds
that (a) his or her parents, | |||||||||||||||||||||||||||||||||||||||
18 | guardian or legal custodian are unfit or are
unable, for
some | |||||||||||||||||||||||||||||||||||||||
19 | reason other than financial circumstances alone, to care for, | |||||||||||||||||||||||||||||||||||||||
20 | protect,
train or discipline the minor, or are unwilling to do | |||||||||||||||||||||||||||||||||||||||
21 | so,
and the best interests of the minor and
the public will not |
| |||||||
| |||||||
1 | be served by placement under Section 5-740,
or it is
necessary | ||||||
2 | to ensure the protection of the public from the consequences of
| ||||||
3 | criminal activity of the delinquent; and (b)
commitment to the | ||||||
4 | Department of Juvenile Justice is the least
restrictive | ||||||
5 | alternative based on evidence that efforts were
made to locate | ||||||
6 | less restrictive alternatives to secure
confinement and the | ||||||
7 | reasons why efforts were unsuccessful in
locating a less | ||||||
8 | restrictive alternative to secure confinement. Before the | ||||||
9 | court commits a minor to the Department of Juvenile Justice, it | ||||||
10 | shall make a finding that secure confinement is necessary,
| ||||||
11 | following a review of the following individualized factors: | ||||||
12 | (A) Age of the minor. | ||||||
13 | (B) Criminal background of the minor. | ||||||
14 | (C) Review of results of any assessments of the minor,
| ||||||
15 | including child centered assessments such as the CANS. | ||||||
16 | (D) Educational background of the minor, indicating
| ||||||
17 | whether the minor has ever been assessed for a learning
| ||||||
18 | disability, and if so what services were provided as well | ||||||
19 | as any disciplinary incidents at school. | ||||||
20 | (E) Physical, mental and emotional health of the minor,
| ||||||
21 | indicating whether the minor has ever been diagnosed with a
| ||||||
22 | health issue and if so what services were provided and | ||||||
23 | whether the minor was compliant with services. | ||||||
24 | (F) Community based services that have been provided to
| ||||||
25 | the minor, and whether the minor was compliant with the | ||||||
26 | services, and the reason the services were unsuccessful. |
| |||||||
| |||||||
1 | (G) Services within the Department of Juvenile Justice
| ||||||
2 | that will meet the individualized needs of the minor.
| ||||||
3 | (1.5) Before the court commits a minor to the Department of | ||||||
4 | Juvenile Justice, the court must find reasonable efforts have | ||||||
5 | been made to prevent or eliminate the need for the minor to be | ||||||
6 | removed from the home, or reasonable efforts cannot, at this | ||||||
7 | time, for good cause, prevent or eliminate the need for | ||||||
8 | removal, and removal from home is in the best interests of the | ||||||
9 | minor, the minor's family, and the public. | ||||||
10 | (2) When a minor of the age of at least 13 years is | ||||||
11 | adjudged delinquent
for the offense of first degree murder, the | ||||||
12 | court shall declare the minor a
ward of the court and order the | ||||||
13 | minor committed to the Department of
Juvenile Justice until the | ||||||
14 | minor's 21st birthday, without the
possibility of aftercare | ||||||
15 | release, furlough, or non-emergency authorized absence for a
| ||||||
16 | period of 5 years from the date the minor was committed to the | ||||||
17 | Department of
Juvenile Justice, except that the time that a | ||||||
18 | minor spent in custody for the instant
offense before being | ||||||
19 | committed to the Department of Juvenile Justice shall be | ||||||
20 | considered as time
credited towards that 5 year period. Upon | ||||||
21 | release from a Department facility, a minor adjudged delinquent | ||||||
22 | for first degree murder shall be placed on aftercare release | ||||||
23 | until the age of 21, unless sooner discharged from aftercare | ||||||
24 | release or custodianship is otherwise terminated in accordance | ||||||
25 | with this Act or as otherwise provided for by law. Nothing in | ||||||
26 | this subsection (2) shall
preclude the State's Attorney from |
| |||||||
| |||||||
1 | seeking to prosecute a minor as an adult as
an alternative to | ||||||
2 | proceeding under this Act.
| ||||||
3 | (3) Except as provided in subsection (2), the commitment of | ||||||
4 | a
delinquent to the Department of Juvenile Justice shall be for | ||||||
5 | an indeterminate term
which shall automatically terminate upon | ||||||
6 | the delinquent attaining the age of 21
years or upon completion | ||||||
7 | of that period for which an adult could be committed for the | ||||||
8 | same act, whichever occurs sooner, unless the delinquent is | ||||||
9 | sooner discharged from aftercare release or custodianship
is | ||||||
10 | otherwise terminated in accordance with this Act or as | ||||||
11 | otherwise provided
for by law.
| ||||||
12 | (3.5) Every delinquent minor committed to the Department of | ||||||
13 | Juvenile Justice under this Act shall be eligible for aftercare | ||||||
14 | release without regard to the length of time the minor has been | ||||||
15 | confined or whether the minor has served any minimum term | ||||||
16 | imposed. Aftercare release shall be administered by the | ||||||
17 | Department of Juvenile Justice, under the direction of the | ||||||
18 | Director. Unless sooner discharged, the Department of Juvenile | ||||||
19 | Justice shall discharge a minor from aftercare release upon | ||||||
20 | completion of the following aftercare release terms: | ||||||
21 | (a) One and a half years from the date a minor is | ||||||
22 | released from a Department facility, if the minor was | ||||||
23 | committed for a Class X felony; | ||||||
24 | (b) One year from the date a minor is released from a | ||||||
25 | Department facility, if the minor was committed for a Class | ||||||
26 | 1 or 2 felony; and |
| |||||||
| |||||||
1 | (c) Six months from the date a minor is released from a | ||||||
2 | Department facility, if the minor was committed for a Class | ||||||
3 | 3 felony or lesser offense. | ||||||
4 | (4) When the court commits a minor to the Department of | ||||||
5 | Juvenile Justice, it
shall order him or her conveyed forthwith | ||||||
6 | to the appropriate reception station
or
other place designated | ||||||
7 | by the Department of Juvenile Justice, and shall appoint the
| ||||||
8 | Director of Juvenile Justice legal custodian of the
minor. The | ||||||
9 | clerk of the court shall issue to the
Director of Juvenile | ||||||
10 | Justice a certified copy of the order,
which constitutes proof | ||||||
11 | of the Director's authority. No other process need
issue to
| ||||||
12 | warrant the keeping of the minor.
| ||||||
13 | (5) If a minor is committed to the Department of Juvenile | ||||||
14 | Justice, the clerk of the court shall forward to the | ||||||
15 | Department:
| ||||||
16 | (a) the sentencing order and copies of committing | ||||||
17 | petition;
| ||||||
18 | (b) all reports;
| ||||||
19 | (c) the court's statement of the basis for ordering the | ||||||
20 | disposition;
| ||||||
21 | (d) any sex offender evaluations; | ||||||
22 | (e) any risk assessment or substance abuse treatment | ||||||
23 | eligibility screening and assessment of the minor by an | ||||||
24 | agent designated by the State to provide assessment | ||||||
25 | services for the courts; | ||||||
26 | (f) the number of days, if any, which the minor has |
| |||||||
| |||||||
1 | been in custody and for which he or she is entitled to | ||||||
2 | credit against the sentence, which information shall be | ||||||
3 | provided to the clerk by the sheriff; | ||||||
4 | (g) any medical or mental health records or summaries | ||||||
5 | of the minor; | ||||||
6 | (h) the municipality where the arrest of the minor | ||||||
7 | occurred, the commission of the offense occurred, and the | ||||||
8 | minor resided at the time of commission; | ||||||
9 | (h-5) a report detailing the minor's criminal history | ||||||
10 | in a manner and form prescribed by the Department of | ||||||
11 | Juvenile Justice; and | ||||||
12 | (i) all additional matters which the court directs the | ||||||
13 | clerk to transmit ; and . | ||||||
14 | (j) all police reports for sex offenses as defined by | ||||||
15 | the Sex Offender Management Board Act.
| ||||||
16 | (6) Whenever the Department of Juvenile Justice lawfully | ||||||
17 | discharges from its
custody and
control a minor committed to | ||||||
18 | it, the Director of Juvenile Justice shall petition the court | ||||||
19 | for an order terminating his or her
custodianship. The | ||||||
20 | custodianship shall terminate automatically 30 days after
| ||||||
21 | receipt of the petition unless the court orders otherwise.
| ||||||
22 | (7) If, while on aftercare release, a minor committed to | ||||||
23 | the Department of Juvenile Justice who resides in this State is | ||||||
24 | charged under the criminal laws of this State, the criminal | ||||||
25 | laws of any other state, or federal law with an offense that | ||||||
26 | could result in a sentence of imprisonment within the |
| |||||||
| |||||||
1 | Department of Corrections, the penal system of any state, or | ||||||
2 | the federal Bureau of Prisons, the commitment to the Department | ||||||
3 | of Juvenile Justice and all rights and duties created by that | ||||||
4 | commitment are automatically suspended pending final | ||||||
5 | disposition of the criminal charge. If the minor is found | ||||||
6 | guilty of the criminal charge and sentenced to a term of | ||||||
7 | imprisonment in the penitentiary system of the Department of | ||||||
8 | Corrections, the penal system of any state, or the federal | ||||||
9 | Bureau of Prisons, the commitment to the Department of Juvenile | ||||||
10 | Justice shall be automatically terminated. If the criminal | ||||||
11 | charge is dismissed, the minor is found not guilty, or the | ||||||
12 | minor completes a criminal sentence other than imprisonment | ||||||
13 | within the Department of Corrections, the penal system of any | ||||||
14 | state, or the federal Bureau of Prisons, the previously imposed | ||||||
15 | commitment to the Department of Juvenile Justice and the full | ||||||
16 | aftercare release term shall be automatically reinstated | ||||||
17 | unless custodianship is sooner terminated. Nothing in this | ||||||
18 | subsection (7) shall preclude the court from ordering another | ||||||
19 | sentence under Section 5-710 of this Act or from terminating | ||||||
20 | the Department's custodianship while the commitment to the | ||||||
21 | Department is suspended. | ||||||
22 | (Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20 .)
| ||||||
23 | (705 ILCS 405/5-815)
| ||||||
24 | Sec. 5-815. Habitual Juvenile Offender.
| ||||||
25 | (a) Definition. Any minor
having been twice adjudicated a |
| |||||||
| |||||||
1 | delinquent minor for offenses which, had he or she
been | ||||||
2 | prosecuted as an adult, would have been felonies under the laws | ||||||
3 | of
this State, and who is thereafter adjudicated a delinquent | ||||||
4 | minor for a
third time shall be adjudged an Habitual Juvenile | ||||||
5 | Offender where:
| ||||||
6 | 1. the third adjudication is for an offense occurring | ||||||
7 | after
adjudication on the second; and
| ||||||
8 | 2. the second adjudication was for an offense occurring | ||||||
9 | after
adjudication on the first; and
| ||||||
10 | 3. the third offense occurred after January 1, 1980; | ||||||
11 | and
| ||||||
12 | 4. the third offense was based upon the commission of | ||||||
13 | or attempted
commission of the following offenses: first | ||||||
14 | degree murder, second
degree murder or involuntary | ||||||
15 | manslaughter; criminal sexual assault or
aggravated | ||||||
16 | criminal sexual assault; aggravated or heinous
battery | ||||||
17 | involving permanent disability or disfigurement or great | ||||||
18 | bodily
harm to the victim; burglary of a home or other | ||||||
19 | residence intended for
use as a temporary or permanent | ||||||
20 | dwelling place for human beings; home
invasion; robbery or | ||||||
21 | armed robbery; or aggravated arson.
| ||||||
22 | Nothing in this Section shall preclude the State's Attorney | ||||||
23 | from
seeking to prosecute a minor as an adult as an alternative | ||||||
24 | to
prosecution as an habitual juvenile offender.
| ||||||
25 | A continuance under supervision authorized by Section | ||||||
26 | 5-615 of
this Act
shall not be permitted under this Section.
|
| |||||||
| |||||||
1 | (b) Notice to minor. The State shall serve upon the minor | ||||||
2 | written
notice of intention to prosecute under the provisions | ||||||
3 | of this Section within
5 judicial days of the filing of any | ||||||
4 | delinquency petition, adjudication
upon which would mandate | ||||||
5 | the minor's disposition as an Habitual Juvenile
Offender.
| ||||||
6 | (c) Petition; service. A notice to seek adjudication as an
| ||||||
7 | Habitual Juvenile Offender shall be filed only by the State's | ||||||
8 | Attorney.
| ||||||
9 | The petition upon which such Habitual Juvenile Offender | ||||||
10 | notice is
based shall contain the information and averments | ||||||
11 | required for all
other delinquency petitions filed under this | ||||||
12 | Act and its service shall
be according to the provisions of | ||||||
13 | this Act.
| ||||||
14 | No prior adjudication shall be alleged in the petition.
| ||||||
15 | (d) Trial. Trial on such petition shall be by jury unless | ||||||
16 | the minor
demands, in open court and with advice of counsel, a | ||||||
17 | trial by the court
without jury.
| ||||||
18 | Except as otherwise provided herein, the provisions of this
| ||||||
19 | Act concerning delinquency proceedings generally shall be | ||||||
20 | applicable to
Habitual Juvenile Offender proceedings.
| ||||||
21 | (e) Proof of prior adjudications. No evidence or other | ||||||
22 | disclosure of prior
adjudications shall be presented
to the | ||||||
23 | court or jury during any adjudicatory hearing provided for | ||||||
24 | under this
Section unless otherwise permitted by the issues | ||||||
25 | properly raised in such
hearing. In the event the minor who is | ||||||
26 | the subject of these
proceedings elects to testify on his or |
| |||||||
| |||||||
1 | her own behalf, it shall be competent to
introduce evidence, | ||||||
2 | for purposes of impeachment, that he or she has previously
been | ||||||
3 | adjudicated a delinquent minor upon facts which, had he been | ||||||
4 | tried as an
adult, would have resulted in his conviction of a | ||||||
5 | felony or of any offense
that involved dishonesty or false | ||||||
6 | statement. Introduction of
such evidence shall be according to | ||||||
7 | the rules and procedures applicable to
the impeachment of an | ||||||
8 | adult defendant by prior conviction.
| ||||||
9 | After an admission of the facts in the petition or | ||||||
10 | adjudication of
delinquency, the State's Attorney may file with | ||||||
11 | the court a verified
written statement signed by the State's | ||||||
12 | Attorney concerning any prior
adjudication of an offense set | ||||||
13 | forth in subsection (a) of this Section
which offense would | ||||||
14 | have been a felony or of any offense that involved
dishonesty | ||||||
15 | or false statement had the minor been tried as an adult.
| ||||||
16 | The court shall then cause the minor to be brought before | ||||||
17 | it; shall
inform him or her of the allegations of the statement | ||||||
18 | so filed, and of his
or her right to a hearing before the court | ||||||
19 | on the issue of such prior
adjudication and of his right to | ||||||
20 | counsel at such hearing; and unless the
minor admits such | ||||||
21 | adjudication, the court shall hear and determine such
issue, | ||||||
22 | and shall make a written finding thereon.
| ||||||
23 | A duly authenticated copy of the record of any such alleged | ||||||
24 | prior
adjudication shall be prima facie evidence of such prior | ||||||
25 | adjudication or of
any offense that involved dishonesty or | ||||||
26 | false statement.
|
| |||||||
| |||||||
1 | Any claim that a previous adjudication offered by the | ||||||
2 | State's
Attorney is not a former adjudication of an offense | ||||||
3 | which, had the minor
been prosecuted as an adult, would have | ||||||
4 | resulted in his conviction of a
felony or of any offense that | ||||||
5 | involved dishonesty or false statement, is
waived unless duly | ||||||
6 | raised at the hearing on such
adjudication, or unless the | ||||||
7 | State's Attorney's proof shows that such
prior adjudication was | ||||||
8 | not based upon proof of what would have been a
felony.
| ||||||
9 | (f) Disposition. If the court finds that the prerequisites | ||||||
10 | established in
subsection (a)
of this Section have been proven, | ||||||
11 | it shall adjudicate the minor a an Habitual
Juvenile Offender | ||||||
12 | and commit him or her him to the Department of Juvenile Justice | ||||||
13 | for a period of time as provided in subsection (3) of Section | ||||||
14 | 5-750, subject to the target release date provisions as | ||||||
15 | provided in subsection (c) of Section 3-2.5-85 of the Unified | ||||||
16 | Code of Corrections. until his 21st birthday, without | ||||||
17 | possibility of aftercare release,
furlough, or non-emergency | ||||||
18 | authorized absence.
However, the minor shall be entitled to | ||||||
19 | earn one day of good conduct credit
for each day served as | ||||||
20 | reductions against the period of his confinement.
Such good | ||||||
21 | conduct credits shall be earned or revoked according to the
| ||||||
22 | procedures applicable to the allowance and revocation of good | ||||||
23 | conduct
credit for adult prisoners serving determinate | ||||||
24 | sentences for felonies.
| ||||||
25 | For purposes of determining good conduct credit, | ||||||
26 | commitment as an Habitual
Juvenile Offender shall be considered |
| |||||||
| |||||||
1 | a determinate commitment, and the
difference between the date | ||||||
2 | of the commitment and the minor's 21st birthday
shall be | ||||||
3 | considered the determinate period of his confinement.
| ||||||
4 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
5 | (705 ILCS 405/5-820)
| ||||||
6 | Sec. 5-820. Violent Juvenile Offender.
| ||||||
7 | (a) Definition. A minor having
been previously adjudicated | ||||||
8 | a delinquent minor for an offense which, had he or
she been | ||||||
9 | prosecuted as an adult, would have been a Class 2 or greater | ||||||
10 | felony
involving the use or
threat of physical force or | ||||||
11 | violence against an individual or a Class 2 or
greater felony | ||||||
12 | for
which an element of the offense is possession or use of a | ||||||
13 | firearm, and who is
thereafter adjudicated a delinquent minor | ||||||
14 | for a second time for any of those
offenses shall be | ||||||
15 | adjudicated a Violent Juvenile Offender if:
| ||||||
16 | (1) The second adjudication is for an offense occurring | ||||||
17 | after adjudication
on the first; and
| ||||||
18 | (2) The second offense occurred on or after January 1, | ||||||
19 | 1995.
| ||||||
20 | (b) Notice to minor. The State shall serve upon the minor | ||||||
21 | written notice of
intention to prosecute under the provisions | ||||||
22 | of this Section within 5 judicial
days of the filing of a | ||||||
23 | delinquency petition, adjudication upon which would
mandate | ||||||
24 | the minor's disposition as a Violent Juvenile Offender.
| ||||||
25 | (c) Petition; service. A notice to seek adjudication as a |
| |||||||
| |||||||
1 | Violent Juvenile
Offender shall be filed only by the State's | ||||||
2 | Attorney.
| ||||||
3 | The petition upon which the Violent Juvenile Offender | ||||||
4 | notice is based shall
contain the information and averments | ||||||
5 | required for all other delinquency
petitions filed under this | ||||||
6 | Act and its service shall be according to the
provisions of | ||||||
7 | this Act.
| ||||||
8 | No prior adjudication shall be alleged in the petition.
| ||||||
9 | (d) Trial. Trial on the petition shall be by jury unless | ||||||
10 | the minor demands,
in open court and with advice of counsel, a | ||||||
11 | trial by the court without a jury.
| ||||||
12 | Except as otherwise provided in this Section, the | ||||||
13 | provisions of this Act
concerning delinquency proceedings | ||||||
14 | generally shall be applicable to Violent
Juvenile Offender | ||||||
15 | proceedings.
| ||||||
16 | (e) Proof of prior adjudications. No evidence or other | ||||||
17 | disclosure of prior
adjudications shall be presented to the | ||||||
18 | court or jury during an adjudicatory
hearing provided for under | ||||||
19 | this Section unless otherwise permitted by the
issues properly | ||||||
20 | raised in that hearing. In the event the minor who is the
| ||||||
21 | subject of these proceedings elects to testify on his or her | ||||||
22 | own behalf, it
shall be competent to introduce evidence, for | ||||||
23 | purposes of impeachment, that he
or she has previously been | ||||||
24 | adjudicated a delinquent minor upon facts which, had
the minor | ||||||
25 | been tried as an adult, would have resulted in the minor's | ||||||
26 | conviction
of a felony or of any offense that involved |
| |||||||
| |||||||
1 | dishonesty or false statement.
Introduction of such evidence | ||||||
2 | shall be according to the rules and
procedures applicable to | ||||||
3 | the impeachment of an adult defendant by prior
conviction.
| ||||||
4 | After an admission of the facts in the petition or | ||||||
5 | adjudication of
delinquency, the State's Attorney may file with | ||||||
6 | the court a verified written
statement signed by the State's | ||||||
7 | Attorney concerning any prior adjudication of
an offense set | ||||||
8 | forth in subsection (a) of this Section that would have
been a | ||||||
9 | felony or of any offense that involved
dishonesty or false | ||||||
10 | statement had the minor been tried as an adult.
| ||||||
11 | The court shall then cause the minor to be brought before | ||||||
12 | it; shall inform
the minor of the allegations of the statement | ||||||
13 | so filed, of his or her right to
a hearing before the court on | ||||||
14 | the issue of the prior adjudication and of his or
her right to | ||||||
15 | counsel at the hearing; and unless the minor admits the
| ||||||
16 | adjudication, the court shall hear and determine the issue, and | ||||||
17 | shall make a
written finding of the issue.
| ||||||
18 | A duly authenticated copy of the record of any alleged | ||||||
19 | prior
adjudication shall be prima facie evidence of the prior | ||||||
20 | adjudication or of any
offense that involved dishonesty or | ||||||
21 | false statement.
| ||||||
22 | Any claim that a previous adjudication offered by the | ||||||
23 | State's Attorney is not
a former adjudication of an offense | ||||||
24 | which, had the minor been prosecuted as an
adult, would have | ||||||
25 | resulted in his or her conviction of a Class 2 or greater
| ||||||
26 | felony involving the
use or threat of force or violence, or a |
| |||||||
| |||||||
1 | firearm, a felony or of any offense
that involved dishonesty or | ||||||
2 | false statement is waived unless duly raised
at the hearing on | ||||||
3 | the adjudication, or unless the State's Attorney's proof
shows | ||||||
4 | that the prior adjudication was not based upon proof of what | ||||||
5 | would have
been a felony.
| ||||||
6 | (f) Disposition. If the court finds that the prerequisites | ||||||
7 | established in
subsection (a) of this Section have been proven, | ||||||
8 | it shall adjudicate the minor
a Violent Juvenile Offender and | ||||||
9 | commit the minor to the Department of
Juvenile Justice for a | ||||||
10 | period of time as provided in subsection (3) of Section 5-750, | ||||||
11 | subject to the target release date provisions in subsection (c) | ||||||
12 | of Section 3-2.5-85 of the Unified Code of Corrections until | ||||||
13 | his or her 21st birthday, without possibility of aftercare | ||||||
14 | release, furlough, or non-emergency authorized absence. | ||||||
15 | However, the minor
shall be entitled to earn one day of good | ||||||
16 | conduct credit for each day served as
reductions against the | ||||||
17 | period of his or her confinement. The good conduct
credits | ||||||
18 | shall be earned or revoked according to the procedures | ||||||
19 | applicable to
the allowance and revocation of good conduct | ||||||
20 | credit for adult prisoners serving
determinate sentences for | ||||||
21 | felonies .
| ||||||
22 | For purposes of determining good conduct credit, | ||||||
23 | commitment as a Violent
Juvenile Offender shall be considered a | ||||||
24 | determinate commitment, and the
difference between the date of | ||||||
25 | the commitment and the minor's 21st birthday
shall be | ||||||
26 | considered the determinate period of his or her confinement.
|
| |||||||
| |||||||
1 | (g) Nothing in this Section shall preclude the State's | ||||||
2 | Attorney from seeking
to prosecute a minor as a habitual | ||||||
3 | juvenile offender or as an adult as an
alternative to | ||||||
4 | prosecution as a Violent Juvenile Offender.
| ||||||
5 | (h) A continuance under supervision authorized by Section | ||||||
6 | 5-615
of this Act
shall not be permitted under this Section.
| ||||||
7 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
8 | Section 15. The Unified Code of Corrections is amended by | ||||||
9 | changing Sections 3-2-2, 3-2.5-20, 3-2.5-85, 3-4-1, 3-6-2, | ||||||
10 | 3-10-8, and 5-8-4 as follows:
| ||||||
11 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
12 | Sec. 3-2-2. Powers and duties of the Department.
| ||||||
13 | (1) In addition to the powers, duties, and responsibilities | ||||||
14 | which are
otherwise provided by law, the Department shall have | ||||||
15 | the following powers:
| ||||||
16 | (a) To accept persons committed to it by the courts of | ||||||
17 | this State for
care, custody, treatment and | ||||||
18 | rehabilitation, and to accept federal prisoners and aliens | ||||||
19 | over whom the Office of the Federal Detention Trustee is | ||||||
20 | authorized to exercise the federal detention function for | ||||||
21 | limited purposes and periods of time.
| ||||||
22 | (b) To develop and maintain reception and evaluation | ||||||
23 | units for purposes
of analyzing the custody and | ||||||
24 | rehabilitation needs of persons committed to
it and to |
| |||||||
| |||||||
1 | assign such persons to institutions and programs under its | ||||||
2 | control
or transfer them to other appropriate agencies. In | ||||||
3 | consultation with the
Department of Alcoholism and | ||||||
4 | Substance Abuse (now the Department of Human
Services), the | ||||||
5 | Department of Corrections
shall develop a master plan for | ||||||
6 | the screening and evaluation of persons
committed to its | ||||||
7 | custody who have alcohol or drug abuse problems, and for
| ||||||
8 | making appropriate treatment available to such persons; | ||||||
9 | the Department
shall report to the General Assembly on such | ||||||
10 | plan not later than April 1,
1987. The maintenance and | ||||||
11 | implementation of such plan shall be contingent
upon the | ||||||
12 | availability of funds.
| ||||||
13 | (b-1) To create and implement, on January 1, 2002, a | ||||||
14 | pilot
program to
establish the effectiveness of | ||||||
15 | pupillometer technology (the measurement of the
pupil's
| ||||||
16 | reaction to light) as an alternative to a urine test for | ||||||
17 | purposes of screening
and evaluating
persons committed to | ||||||
18 | its custody who have alcohol or drug problems. The
pilot | ||||||
19 | program shall require the pupillometer technology to be | ||||||
20 | used in at
least one Department of
Corrections facility. | ||||||
21 | The Director may expand the pilot program to include an
| ||||||
22 | additional facility or
facilities as he or she deems | ||||||
23 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
24 | the pilot program.
The
Department must report to the
| ||||||
25 | General Assembly on the
effectiveness of the program by | ||||||
26 | January 1, 2003.
|
| |||||||
| |||||||
1 | (b-5) To develop, in consultation with the Department | ||||||
2 | of State Police, a
program for tracking and evaluating each | ||||||
3 | inmate from commitment through release
for recording his or | ||||||
4 | her gang affiliations, activities, or ranks.
| ||||||
5 | (c) To maintain and administer all State correctional | ||||||
6 | institutions and
facilities under its control and to | ||||||
7 | establish new ones as needed. Pursuant
to its power to | ||||||
8 | establish new institutions and facilities, the Department
| ||||||
9 | may, with the written approval of the Governor, authorize | ||||||
10 | the Department of
Central Management Services to enter into | ||||||
11 | an agreement of the type
described in subsection (d) of | ||||||
12 | Section 405-300 of the
Department
of Central Management | ||||||
13 | Services Law (20 ILCS 405/405-300). The Department shall
| ||||||
14 | designate those institutions which
shall constitute the | ||||||
15 | State Penitentiary System. The Department of Juvenile | ||||||
16 | Justice shall maintain and administer all State youth | ||||||
17 | centers pursuant to subsection (d) of Section 3-2.5-20.
| ||||||
18 | Pursuant to its power to establish new institutions and | ||||||
19 | facilities, the
Department may authorize the Department of | ||||||
20 | Central Management Services to
accept bids from counties | ||||||
21 | and municipalities for the construction,
remodeling or | ||||||
22 | conversion of a structure to be leased to the Department of
| ||||||
23 | Corrections for the purposes of its serving as a | ||||||
24 | correctional institution
or facility. Such construction, | ||||||
25 | remodeling or conversion may be financed
with revenue bonds | ||||||
26 | issued pursuant to the Industrial Building Revenue Bond
Act |
| |||||||
| |||||||
1 | by the municipality or county. The lease specified in a bid | ||||||
2 | shall be
for a term of not less than the time needed to | ||||||
3 | retire any revenue bonds
used to finance the project, but | ||||||
4 | not to exceed 40 years. The lease may
grant to the State | ||||||
5 | the option to purchase the structure outright.
| ||||||
6 | Upon receipt of the bids, the Department may certify | ||||||
7 | one or more of the
bids and shall submit any such bids to | ||||||
8 | the General Assembly for approval.
Upon approval of a bid | ||||||
9 | by a constitutional majority of both houses of the
General | ||||||
10 | Assembly, pursuant to joint resolution, the Department of | ||||||
11 | Central
Management Services may enter into an agreement | ||||||
12 | with the county or
municipality pursuant to such bid.
| ||||||
13 | (c-5) To build and maintain regional juvenile | ||||||
14 | detention centers and to
charge a per diem to the counties | ||||||
15 | as established by the Department to defray
the costs of | ||||||
16 | housing each minor in a center. In this subsection (c-5),
| ||||||
17 | "juvenile
detention center" means a facility to house | ||||||
18 | minors during pendency of trial who
have been transferred | ||||||
19 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
20 | prosecutions under the criminal laws of this State in | ||||||
21 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
22 | 1987, whether the transfer was by operation
of
law or | ||||||
23 | permissive under that Section. The Department shall | ||||||
24 | designate the
counties to be served by each regional | ||||||
25 | juvenile detention center.
| ||||||
26 | (d) To develop and maintain programs of control, |
| |||||||
| |||||||
1 | rehabilitation and
employment of committed persons within | ||||||
2 | its institutions.
| ||||||
3 | (d-5) To provide a pre-release job preparation program | ||||||
4 | for inmates at Illinois adult correctional centers.
| ||||||
5 | (d-10) To provide educational and visitation | ||||||
6 | opportunities to committed persons within its institutions | ||||||
7 | through temporary access to content-controlled tablets | ||||||
8 | that may be provided as a privilege to committed persons to | ||||||
9 | induce or reward compliance. | ||||||
10 | (e) To establish a system of supervision and guidance | ||||||
11 | of committed persons
in the community.
| ||||||
12 | (f) To establish in cooperation with the Department of | ||||||
13 | Transportation
to supply a sufficient number of prisoners | ||||||
14 | for use by the Department of
Transportation to clean up the | ||||||
15 | trash and garbage along State, county,
township, or | ||||||
16 | municipal highways as designated by the Department of
| ||||||
17 | Transportation. The Department of Corrections, at the | ||||||
18 | request of the
Department of Transportation, shall furnish | ||||||
19 | such prisoners at least
annually for a period to be agreed | ||||||
20 | upon between the Director of
Corrections and the Secretary | ||||||
21 | of Transportation. The prisoners used on this
program shall | ||||||
22 | be selected by the Director of Corrections on whatever | ||||||
23 | basis
he deems proper in consideration of their term, | ||||||
24 | behavior and earned eligibility
to participate in such | ||||||
25 | program - where they will be outside of the prison
facility | ||||||
26 | but still in the custody of the Department of Corrections. |
| |||||||
| |||||||
1 | Prisoners
convicted of first degree murder, or a Class X | ||||||
2 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
3 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
4 | or a subsequent conviction for criminal sexual abuse, or | ||||||
5 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
6 | Habitual Criminal shall not be
eligible for selection to | ||||||
7 | participate in such program. The prisoners shall
remain as | ||||||
8 | prisoners in the custody of the Department of Corrections | ||||||
9 | and such
Department shall furnish whatever security is | ||||||
10 | necessary. The Department of
Transportation shall furnish | ||||||
11 | trucks and equipment for the highway cleanup
program and | ||||||
12 | personnel to supervise and direct the program. Neither the
| ||||||
13 | Department of Corrections nor the Department of | ||||||
14 | Transportation shall replace
any regular employee with a | ||||||
15 | prisoner.
| ||||||
16 | (g) To maintain records of persons committed to it and | ||||||
17 | to establish
programs of research, statistics and | ||||||
18 | planning.
| ||||||
19 | (h) To investigate the grievances of any person | ||||||
20 | committed to the
Department and to inquire into any alleged | ||||||
21 | misconduct by employees
or committed persons; and for
these | ||||||
22 | purposes it may issue subpoenas and compel the attendance | ||||||
23 | of witnesses
and the production of writings and papers, and | ||||||
24 | may examine under oath any
witnesses who may appear before | ||||||
25 | it; to also investigate alleged violations
of a parolee's | ||||||
26 | or releasee's conditions of parole or release; and for this
|
| |||||||
| |||||||
1 | purpose it may issue subpoenas and compel the attendance of | ||||||
2 | witnesses and
the production of documents only if there is | ||||||
3 | reason to believe that such
procedures would provide | ||||||
4 | evidence that such violations have occurred.
| ||||||
5 | If any person fails to obey a subpoena issued under | ||||||
6 | this subsection,
the Director may apply to any circuit | ||||||
7 | court to secure compliance with the
subpoena. The failure | ||||||
8 | to comply with the order of the court issued in
response | ||||||
9 | thereto shall be punishable as contempt of court.
| ||||||
10 | (i) To appoint and remove the chief administrative | ||||||
11 | officers, and
administer
programs of training and | ||||||
12 | development of personnel of the Department. Personnel
| ||||||
13 | assigned by the Department to be responsible for the
| ||||||
14 | custody and control of committed persons or to investigate | ||||||
15 | the alleged
misconduct of committed persons or employees or | ||||||
16 | alleged violations of a
parolee's or releasee's conditions | ||||||
17 | of parole shall be conservators of the peace
for those | ||||||
18 | purposes, and shall have the full power of peace officers | ||||||
19 | outside
of the facilities of the Department in the | ||||||
20 | protection, arrest, retaking
and reconfining of committed | ||||||
21 | persons or where the exercise of such power
is necessary to | ||||||
22 | the investigation of such misconduct or violations. This | ||||||
23 | subsection shall not apply to persons committed to the | ||||||
24 | Department of Juvenile Justice under the Juvenile Court Act | ||||||
25 | of 1987 on aftercare release.
| ||||||
26 | (j) To cooperate with other departments and agencies |
| |||||||
| |||||||
1 | and with local
communities for the development of standards | ||||||
2 | and programs for better
correctional services in this | ||||||
3 | State.
| ||||||
4 | (k) To administer all moneys and properties of the | ||||||
5 | Department.
| ||||||
6 | (l) To report annually to the Governor on the committed
| ||||||
7 | persons, institutions and programs of the Department.
| ||||||
8 | (l-5) (Blank).
| ||||||
9 | (m) To make all rules and regulations and exercise all | ||||||
10 | powers and duties
vested by law in the Department.
| ||||||
11 | (n) To establish rules and regulations for | ||||||
12 | administering a system of
sentence credits, established in | ||||||
13 | accordance with Section 3-6-3, subject
to review by the | ||||||
14 | Prisoner Review Board.
| ||||||
15 | (o) To administer the distribution of funds
from the | ||||||
16 | State Treasury to reimburse counties where State penal
| ||||||
17 | institutions are located for the payment of assistant | ||||||
18 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
19 | Counties Code.
| ||||||
20 | (p) To exchange information with the Department of | ||||||
21 | Human Services and the
Department of Healthcare and Family | ||||||
22 | Services
for the purpose of verifying living arrangements | ||||||
23 | and for other purposes
directly connected with the | ||||||
24 | administration of this Code and the Illinois
Public Aid | ||||||
25 | Code.
| ||||||
26 | (q) To establish a diversion program.
|
| |||||||
| |||||||
1 | The program shall provide a structured environment for | ||||||
2 | selected
technical parole or mandatory supervised release | ||||||
3 | violators and committed
persons who have violated the rules | ||||||
4 | governing their conduct while in work
release. This program | ||||||
5 | shall not apply to those persons who have committed
a new | ||||||
6 | offense while serving on parole or mandatory supervised | ||||||
7 | release or
while committed to work release.
| ||||||
8 | Elements of the program shall include, but shall not be | ||||||
9 | limited to, the
following:
| ||||||
10 | (1) The staff of a diversion facility shall provide | ||||||
11 | supervision in
accordance with required objectives set | ||||||
12 | by the facility.
| ||||||
13 | (2) Participants shall be required to maintain | ||||||
14 | employment.
| ||||||
15 | (3) Each participant shall pay for room and board | ||||||
16 | at the facility on a
sliding-scale basis according to | ||||||
17 | the participant's income.
| ||||||
18 | (4) Each participant shall:
| ||||||
19 | (A) provide restitution to victims in | ||||||
20 | accordance with any court order;
| ||||||
21 | (B) provide financial support to his | ||||||
22 | dependents; and
| ||||||
23 | (C) make appropriate payments toward any other | ||||||
24 | court-ordered
obligations.
| ||||||
25 | (5) Each participant shall complete community | ||||||
26 | service in addition to
employment.
|
| |||||||
| |||||||
1 | (6) Participants shall take part in such | ||||||
2 | counseling, educational and
other programs as the | ||||||
3 | Department may deem appropriate.
| ||||||
4 | (7) Participants shall submit to drug and alcohol | ||||||
5 | screening.
| ||||||
6 | (8) The Department shall promulgate rules | ||||||
7 | governing the administration
of the program.
| ||||||
8 | (r) To enter into intergovernmental cooperation | ||||||
9 | agreements under which
persons in the custody of the | ||||||
10 | Department may participate in a county impact
| ||||||
11 | incarceration program established under Section 3-6038 or | ||||||
12 | 3-15003.5 of the
Counties Code.
| ||||||
13 | (r-5) (Blank).
| ||||||
14 | (r-10) To systematically and routinely identify with | ||||||
15 | respect to each
streetgang active within the correctional | ||||||
16 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
17 | affiliation or alliance; and (3) the current leaders
in | ||||||
18 | each gang. The Department shall promptly segregate leaders | ||||||
19 | from inmates who
belong to their gangs and allied gangs. | ||||||
20 | "Segregate" means no physical contact
and, to the extent | ||||||
21 | possible under the conditions and space available at the
| ||||||
22 | correctional facility, prohibition of visual and sound | ||||||
23 | communication. For the
purposes of this paragraph (r-10), | ||||||
24 | "leaders" means persons who:
| ||||||
25 | (i) are members of a criminal streetgang;
| ||||||
26 | (ii) with respect to other individuals within the |
| |||||||
| |||||||
1 | streetgang, occupy a
position of organizer, | ||||||
2 | supervisor, or other position of management or
| ||||||
3 | leadership; and
| ||||||
4 | (iii) are actively and personally engaged in | ||||||
5 | directing, ordering,
authorizing, or requesting | ||||||
6 | commission of criminal acts by others, which are
| ||||||
7 | punishable as a felony, in furtherance of streetgang | ||||||
8 | related activity both
within and outside of the | ||||||
9 | Department of Corrections.
| ||||||
10 | "Streetgang", "gang", and "streetgang related" have the | ||||||
11 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
12 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
13 | (s) To operate a super-maximum security institution, | ||||||
14 | in order to
manage and
supervise inmates who are disruptive | ||||||
15 | or dangerous and provide for the safety
and security of the | ||||||
16 | staff and the other inmates.
| ||||||
17 | (t) To monitor any unprivileged conversation or any | ||||||
18 | unprivileged
communication, whether in person or by mail, | ||||||
19 | telephone, or other means,
between an inmate who, before | ||||||
20 | commitment to the Department, was a member of an
organized | ||||||
21 | gang and any other person without the need to show cause or | ||||||
22 | satisfy
any other requirement of law before beginning the | ||||||
23 | monitoring, except as
constitutionally required. The | ||||||
24 | monitoring may be by video, voice, or other
method of | ||||||
25 | recording or by any other means. As used in this | ||||||
26 | subdivision (1)(t),
"organized gang" has the meaning |
| |||||||
| |||||||
1 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
2 | Terrorism Omnibus Prevention Act.
| ||||||
3 | As used in this subdivision (1)(t), "unprivileged | ||||||
4 | conversation" or
"unprivileged communication" means a | ||||||
5 | conversation or communication that is not
protected by any | ||||||
6 | privilege recognized by law or by decision, rule, or order | ||||||
7 | of
the Illinois Supreme Court.
| ||||||
8 | (u) To establish a Women's and Children's Pre-release | ||||||
9 | Community
Supervision
Program for the purpose of providing | ||||||
10 | housing and services to eligible female
inmates, as | ||||||
11 | determined by the Department, and their newborn and young
| ||||||
12 | children.
| ||||||
13 | (u-5) To issue an order, whenever a person committed to | ||||||
14 | the Department absconds or absents himself or herself, | ||||||
15 | without authority to do so, from any facility or program to | ||||||
16 | which he or she is assigned. The order shall be certified | ||||||
17 | by the Director, the Supervisor of the Apprehension Unit, | ||||||
18 | or any person duly designated by the Director, with the | ||||||
19 | seal of the Department affixed. The order shall be directed | ||||||
20 | to all sheriffs, coroners, and police officers, or to any | ||||||
21 | particular person named in the order. Any order issued | ||||||
22 | pursuant to this subdivision (1) (u-5) shall be sufficient | ||||||
23 | warrant for the officer or person named in the order to | ||||||
24 | arrest and deliver the committed person to the proper | ||||||
25 | correctional officials and shall be executed the same as | ||||||
26 | criminal process. |
| |||||||
| |||||||
1 | (v) To do all other acts necessary to carry out the | ||||||
2 | provisions
of this Chapter.
| ||||||
3 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
4 | consider
building and operating a correctional facility within | ||||||
5 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
6 | a facility designed to house juvenile
participants in the | ||||||
7 | impact incarceration program.
| ||||||
8 | (3) When the Department lets bids for contracts for medical
| ||||||
9 | services to be provided to persons committed to Department | ||||||
10 | facilities by
a health maintenance organization, medical | ||||||
11 | service corporation, or other
health care provider, the bid may | ||||||
12 | only be let to a health care provider
that has obtained an | ||||||
13 | irrevocable letter of credit or performance bond
issued by a | ||||||
14 | company whose bonds have an investment grade or higher rating | ||||||
15 | by a bond rating
organization.
| ||||||
16 | (4) When the Department lets bids for
contracts for food or | ||||||
17 | commissary services to be provided to
Department facilities, | ||||||
18 | the bid may only be let to a food or commissary
services | ||||||
19 | provider that has obtained an irrevocable letter of
credit or | ||||||
20 | performance bond issued by a company whose bonds have an | ||||||
21 | investment grade or higher rating by a bond rating | ||||||
22 | organization.
| ||||||
23 | (5) On and after the date 6 months after August 16, 2013 | ||||||
24 | (the effective date of Public Act 98-488), as provided in the | ||||||
25 | Executive Order 1 (2012) Implementation Act, all of the powers, | ||||||
26 | duties, rights, and responsibilities related to State |
| |||||||
| |||||||
1 | healthcare purchasing under this Code that were transferred | ||||||
2 | from the Department of Corrections to the Department of | ||||||
3 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
4 | transferred back to the Department of Corrections; however, | ||||||
5 | powers, duties, rights, and responsibilities related to State | ||||||
6 | healthcare purchasing under this Code that were exercised by | ||||||
7 | the Department of Corrections before the effective date of | ||||||
8 | Executive Order 3 (2005) but that pertain to individuals | ||||||
9 | resident in facilities operated by the Department of Juvenile | ||||||
10 | Justice are transferred to the Department of Juvenile Justice. | ||||||
11 | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
12 | 101-235, eff. 1-1-20 .)
| ||||||
13 | (730 ILCS 5/3-2.5-20)
| ||||||
14 | Sec. 3-2.5-20. General powers and duties. | ||||||
15 | (a) In addition to the powers, duties, and responsibilities | ||||||
16 | which are otherwise provided by law or transferred to the | ||||||
17 | Department as a result of this Article, the Department, as | ||||||
18 | determined by the Director, shall have, but is are not limited | ||||||
19 | to, the following rights, powers, functions , and duties: | ||||||
20 | (1) To accept juveniles committed to it by the courts | ||||||
21 | of this State for care, custody, treatment, and | ||||||
22 | rehabilitation. | ||||||
23 | (2) To maintain and administer all State juvenile youth | ||||||
24 | centers correctional institutions previously under the | ||||||
25 | control of the Juvenile and Women's & Children Divisions of |
| |||||||
| |||||||
1 | the Department of Corrections, and to establish and | ||||||
2 | maintain youth centers institutions as needed to meet the | ||||||
3 | needs of the youth committed to its care. | ||||||
4 | (3) To identify the need for and recommend the funding | ||||||
5 | and implementation of an appropriate mix of programs and | ||||||
6 | services within the juvenile justice continuum, including , | ||||||
7 | but not limited to , prevention, nonresidential and | ||||||
8 | residential commitment programs, day treatment, and | ||||||
9 | conditional release programs and services, with the | ||||||
10 | support of educational, vocational, alcohol, drug abuse, | ||||||
11 | and mental health services where appropriate. | ||||||
12 | (3.5) To assist youth committed to the Department of | ||||||
13 | Juvenile Justice under the Juvenile Court Act of 1987 with | ||||||
14 | successful reintegration into society, the Department | ||||||
15 | shall retain custody and control of all adjudicated | ||||||
16 | delinquent juveniles released under Section 3-2.5-85 or | ||||||
17 | 3-3-10 of this Code, shall provide a continuum of | ||||||
18 | post-release treatment and services to those youth, and | ||||||
19 | shall supervise those youth during their release period in | ||||||
20 | accordance with the conditions set by the Department or the | ||||||
21 | Prisoner Review Board. | ||||||
22 | (4) To establish and provide transitional and | ||||||
23 | post-release treatment programs for juveniles committed to | ||||||
24 | the Department. Services shall include , but are not limited | ||||||
25 | to: | ||||||
26 | (i) family and individual counseling and treatment |
| |||||||
| |||||||
1 | placement; | ||||||
2 | (ii) referral services to any other State or local | ||||||
3 | agencies; | ||||||
4 | (iii) mental health services; | ||||||
5 | (iv) educational services; | ||||||
6 | (v) family counseling services; and | ||||||
7 | (vi) substance abuse services. | ||||||
8 | (5) To access vital records of juveniles for the | ||||||
9 | purposes of providing necessary documentation for | ||||||
10 | transitional services such as obtaining identification, | ||||||
11 | educational enrollment, employment, and housing. | ||||||
12 | (6) To develop staffing and workload standards and | ||||||
13 | coordinate staff development and training appropriate for | ||||||
14 | juvenile populations. | ||||||
15 | (6.5) To develop policies and procedures promoting | ||||||
16 | family engagement and visitation appropriate for juvenile | ||||||
17 | populations. | ||||||
18 | (7) To develop, with the approval of the Office of the | ||||||
19 | Governor and the Governor's Office of Management and | ||||||
20 | Budget, annual budget requests.
| ||||||
21 | (8) To administer the Interstate Compact for | ||||||
22 | Juveniles, with respect to all juveniles under its | ||||||
23 | jurisdiction, and to cooperate with the Department of Human | ||||||
24 | Services with regard to all non-offender juveniles subject | ||||||
25 | to the Interstate Compact for Juveniles. | ||||||
26 | (9) To decide the date of release on aftercare for |
| |||||||
| |||||||
1 | youth committed to the Department under Section 5-750 of | ||||||
2 | the Juvenile Court Act of 1987. | ||||||
3 | (10) To set conditions of aftercare release for all | ||||||
4 | youth committed to the Department under the Juvenile Court | ||||||
5 | Act of 1987.
| ||||||
6 | (b) The Department may employ personnel in accordance with | ||||||
7 | the Personnel Code and Section 3-2.5-15 of this Code, provide | ||||||
8 | facilities, contract for goods and services, and adopt rules as | ||||||
9 | necessary to carry out its functions and purposes, all in | ||||||
10 | accordance with applicable State and federal law.
| ||||||
11 | (c) On and after the date 6 months after August 16, 2013 | ||||||
12 | (the effective date of Public Act 98-488), as provided in the | ||||||
13 | Executive Order 1 (2012) Implementation Act, all of the powers, | ||||||
14 | duties, rights, and responsibilities related to State | ||||||
15 | healthcare purchasing under this Code that were transferred | ||||||
16 | from the Department of Corrections to the Department of | ||||||
17 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
18 | transferred back to the Department of Corrections; however, | ||||||
19 | powers, duties, rights, and responsibilities related to State | ||||||
20 | healthcare purchasing under this Code that were exercised by | ||||||
21 | the Department of Corrections before the effective date of | ||||||
22 | Executive Order 3 (2005) but that pertain to individuals | ||||||
23 | resident in facilities operated by the Department of Juvenile | ||||||
24 | Justice are transferred to the Department of Juvenile Justice. | ||||||
25 | (d) To maintain and administer all State youth centers and | ||||||
26 | facilities under its control and to establish new ones as |
| |||||||
| |||||||
1 | needed. Pursuant to its power to establish new youth centers | ||||||
2 | and facilities, the Department may, with the written approval | ||||||
3 | of the Governor, authorize the Department of Central Management | ||||||
4 | Services to enter into an agreement of the type described in | ||||||
5 | subsection (d) of Section 405-300 of the Department of Central | ||||||
6 | Management Services Law. The Department shall designate those | ||||||
7 | institutions which shall constitute the Youth Corrections | ||||||
8 | System. | ||||||
9 | Pursuant to its power to establish new institutions and | ||||||
10 | facilities, the Department may authorize the Department of | ||||||
11 | Central Management Services to accept bids from counties and | ||||||
12 | municipalities for the construction, remodeling or conversion | ||||||
13 | of a structure to be leased to the Department of Juvenile | ||||||
14 | Justice for the purposes of its serving as a youth center or | ||||||
15 | facility. Such construction, remodeling or conversion may be | ||||||
16 | financed with revenue bonds issued pursuant to the Industrial | ||||||
17 | Building Revenue Bond Act by the municipality or county. The | ||||||
18 | lease specified in a bid shall be for a term of not less than | ||||||
19 | the time needed to retire any revenue bonds used to finance the | ||||||
20 | project, but not to exceed 40 years. The lease may grant to the | ||||||
21 | State the option to purchase the structure outright. | ||||||
22 | Upon receipt of the bids, the Department may certify one or | ||||||
23 | more of the bids and shall submit any such bids to the General | ||||||
24 | Assembly for approval. Upon approval of a bid by a | ||||||
25 | constitutional majority of both houses of the General Assembly, | ||||||
26 | pursuant to joint resolution, the Department of Central |
| |||||||
| |||||||
1 | Management Services may enter into an agreement with the county | ||||||
2 | or municipality pursuant to such bid. | ||||||
3 | (Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.) | ||||||
4 | (730 ILCS 5/3-2.5-85) | ||||||
5 | Sec. 3-2.5-85. Eligibility for release; determination. | ||||||
6 | (a) Every youth committed to the Department of Juvenile | ||||||
7 | Justice under Section 5-750 of the Juvenile Court Act of 1987, | ||||||
8 | except those committed for first degree murder, shall be: | ||||||
9 | (1) Eligible for aftercare release without regard to | ||||||
10 | the length of time the youth has been confined or whether | ||||||
11 | the youth has served any minimum term imposed. | ||||||
12 | (2) Placed on aftercare release on or before his or her | ||||||
13 | 20th birthday or upon completion of the maximum term of | ||||||
14 | confinement ordered by the court under Section 5-710 of the | ||||||
15 | Juvenile Court Act of 1987, whichever is sooner. | ||||||
16 | (3) Considered for aftercare release at least 30 days | ||||||
17 | prior to the expiration of the first year of confinement | ||||||
18 | and at least annually thereafter. | ||||||
19 | (b) This Section does not apply to the initial release of | ||||||
20 | youth committed to the Department under Section 5-815 or 5-820 | ||||||
21 | of the Juvenile Court Act of 1987. Those youth shall be | ||||||
22 | released by the Department upon completion of the determinate | ||||||
23 | sentence established under this Code. Subsections (d) through | ||||||
24 | (l) of this Section do not apply when a youth is released under | ||||||
25 | paragraph (2) of subsection (a) of this Section or the youth's |
| |||||||
| |||||||
1 | release is otherwise required by law or ordered by the court. | ||||||
2 | Youth who have been tried as an adult and committed to the | ||||||
3 | Department under Section 5-8-6 of this Code are only eligible | ||||||
4 | for mandatory supervised release as an adult under Section | ||||||
5 | 3-3-3 of this Code. | ||||||
6 | (c) The Department shall establish a process for deciding | ||||||
7 | the date of release on aftercare for every youth committed to | ||||||
8 | the Department of Juvenile Justice under Section 5-750 of the | ||||||
9 | Juvenile Court Act of 1987. The process shall include | ||||||
10 | establishing a target release date upon commitment to the | ||||||
11 | Department, the regular review and appropriate adjustment of | ||||||
12 | the target release date, and the final release consideration at | ||||||
13 | least 30 days prior to the youth's target release date. The | ||||||
14 | establishment, adjustment, and final consideration of the | ||||||
15 | target release date shall include consideration of the | ||||||
16 | following factors: | ||||||
17 | (1) the nature and seriousness of the youth's offense; | ||||||
18 | (2) the likelihood the youth will reoffend or will pose | ||||||
19 | a danger to the community based on an assessment of the | ||||||
20 | youth's risks, strengths, and behavior; and | ||||||
21 | (3) the youth's progress since being committed to the | ||||||
22 | Department. | ||||||
23 | The target release date for youth committed to the | ||||||
24 | Department for first degree murder shall not precede the | ||||||
25 | minimum period of confinement provided in Section 5-750 of the | ||||||
26 | Juvenile Court Act of 1987. These youth shall be considered for |
| |||||||
| |||||||
1 | release upon completion of their minimum term of confinement | ||||||
2 | and at least annually thereafter. The target release date for | ||||||
3 | youth committed to the Department as a Habitual Juvenile | ||||||
4 | Offender or Violent Juvenile Offender under Section 5-815 or | ||||||
5 | 5-820 of the Juvenile Court Act of 1987 shall be extended by | ||||||
6 | not less than 12 months. | ||||||
7 | (d) If the youth being considered for aftercare release has | ||||||
8 | a petition or any written submissions prepared on his or her | ||||||
9 | behalf by an attorney or other representative, the attorney or | ||||||
10 | representative for the youth must serve by certified mail the | ||||||
11 | State's Attorney of the county where the youth was prosecuted | ||||||
12 | with the petition or any written submissions 15 days prior to | ||||||
13 | the youth's target release date. | ||||||
14 | (e) In making its determination of aftercare release, the | ||||||
15 | Department shall consider: | ||||||
16 | (1) material transmitted to the Department by the clerk | ||||||
17 | of the committing court under Section 5-750 of the Juvenile | ||||||
18 | Court Act of 1987; | ||||||
19 | (2) the report under Section 3-10-2; | ||||||
20 | (3) a report by the Department and any report by the | ||||||
21 | chief administrative officer of the institution or | ||||||
22 | facility; | ||||||
23 | (4) an aftercare release progress report; | ||||||
24 | (5) a medical and psychological report, if available; | ||||||
25 | (6) material in writing, or on film, video tape or | ||||||
26 | other electronic means in the form of a recording submitted |
| |||||||
| |||||||
1 | by the youth whose aftercare release is being considered; | ||||||
2 | (7) material in writing, or on film, video tape or | ||||||
3 | other electronic means in the form of a recording or | ||||||
4 | testimony submitted by the State's Attorney and the victim | ||||||
5 | or a concerned citizen under the Rights of Crime Victims | ||||||
6 | and Witnesses Act; and | ||||||
7 | (8) the youth's eligibility for commitment under the | ||||||
8 | Sexually Violent Persons Commitment Act. | ||||||
9 | (f) The prosecuting State's Attorney's office shall | ||||||
10 | receive from the Department reasonable written notice not less | ||||||
11 | than 30 days prior to the target release date and may submit | ||||||
12 | relevant information by oral argument or testimony of victims | ||||||
13 | and concerned citizens, or both, in writing, or on film, video | ||||||
14 | tape or other electronic means or in the form of a recording to | ||||||
15 | the Department for its consideration. The State's Attorney may | ||||||
16 | waive the written notice of the target release date at any | ||||||
17 | time. Upon written request of the State's Attorney's office, | ||||||
18 | provided the request is received within 15 days of receipt of | ||||||
19 | the written notice of the target release date, the Department | ||||||
20 | shall hear protests to aftercare release. If a State's Attorney | ||||||
21 | requests a protest hearing, the committed youth's attorney or | ||||||
22 | other representative shall also receive notice of the request | ||||||
23 | and a copy of any information submitted by the State's | ||||||
24 | Attorney. This hearing shall take place prior to the youth's | ||||||
25 | aftercare release. The Department shall schedule the protest | ||||||
26 | hearing date, providing at least 15 days' notice to the State's |
| |||||||
| |||||||
1 | Attorney. If the protest hearing is rescheduled, the Department | ||||||
2 | shall promptly notify the State's Attorney of the new date. | ||||||
3 | (g) The victim of the violent crime for which the youth has | ||||||
4 | been sentenced shall receive notice of the target release date | ||||||
5 | as provided in paragraph (4) of subsection (d) of Section 4.5 | ||||||
6 | of the Rights of Crime Victims and Witnesses Act. | ||||||
7 | (h) The Department shall not release any material to the | ||||||
8 | youth, the youth's attorney, any third party, or any other | ||||||
9 | person containing any information from the victim or from a | ||||||
10 | person related to the victim by blood, adoption, or marriage | ||||||
11 | who has written objections, testified at any hearing, or | ||||||
12 | submitted audio or visual objections to the youth's aftercare | ||||||
13 | release, unless provided with a waiver from that objecting | ||||||
14 | party. The Department shall not release the names or addresses | ||||||
15 | of any person on its victim registry to any other person except | ||||||
16 | the victim, a law enforcement agency, or other victim | ||||||
17 | notification system. | ||||||
18 | (i) Any recording considered under the provisions of | ||||||
19 | paragraph (6) or (7) of subsection (e) or subsection (f) of | ||||||
20 | this Section shall be in the form designated by the Department. | ||||||
21 | The recording shall be both visual and aural. Every voice on | ||||||
22 | the recording and person present shall be identified and the | ||||||
23 | recording shall contain either a visual or aural statement of | ||||||
24 | the person submitting the recording, the date of the recording, | ||||||
25 | and the name of the youth whose aftercare release is being | ||||||
26 | considered. The recordings shall be retained by the Department |
| |||||||
| |||||||
1 | and shall be considered during any subsequent aftercare release | ||||||
2 | decision if the victim or State's Attorney submits in writing a | ||||||
3 | declaration clearly identifying the recording as representing | ||||||
4 | the position of the victim or State's Attorney regarding the | ||||||
5 | release of the youth. | ||||||
6 | (j) The Department shall not release a youth eligible for | ||||||
7 | aftercare release if it determines that: | ||||||
8 | (1) there is a substantial risk that he or she will not | ||||||
9 | conform to reasonable conditions of aftercare release; | ||||||
10 | (2) his or her release at that time would deprecate the | ||||||
11 | seriousness of his or her offense or promote disrespect for | ||||||
12 | the law; or | ||||||
13 | (3) his or her release would have a substantially | ||||||
14 | adverse effect on institutional discipline. | ||||||
15 | (k) The Department shall render its release decision and | ||||||
16 | shall state the basis therefor both in the records of the | ||||||
17 | Department and in written notice to the youth who was | ||||||
18 | considered for aftercare release. In its decision, the | ||||||
19 | Department shall set the youth's time for aftercare release, or | ||||||
20 | if it denies aftercare release it shall provide for | ||||||
21 | reconsideration of aftercare release not less frequently than | ||||||
22 | once each year. | ||||||
23 | (l) The Department shall ensure all evaluations and | ||||||
24 | proceedings under the Sexually Violent Persons Commitment Act | ||||||
25 | are completed prior to any youth's release, when applicable. | ||||||
26 | (m) Any youth whose aftercare release has been revoked by |
| |||||||
| |||||||
1 | the Prisoner Review Board under Section 3-3-9.5 of this Code | ||||||
2 | may be rereleased to the full aftercare release term by the | ||||||
3 | Department at any time in accordance with this Section. Youth | ||||||
4 | rereleased under this subsection shall be subject to Sections | ||||||
5 | 3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5 | ||||||
6 | of this Code. | ||||||
7 | (n) The Department shall adopt rules regarding the exercise | ||||||
8 | of its discretion under this Section.
| ||||||
9 | (Source: P.A. 99-628, eff. 1-1-17 .)
| ||||||
10 | (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
| ||||||
11 | Sec. 3-4-1.
Gifts and Grants; Special Trusts Funds; | ||||||
12 | Department of
Corrections Reimbursement and Education Fund.
| ||||||
13 | (a) The Department may accept, receive and use, for and in | ||||||
14 | behalf of the
State, any moneys, goods or services given for | ||||||
15 | general purposes of this
Code by the federal government or from | ||||||
16 | any other source, public
or private, including collections from | ||||||
17 | inmates, reimbursement of payments
under the Workers' | ||||||
18 | Compensation Act, and commissions from inmate collect call
| ||||||
19 | telephone systems under an agreement with the Department of | ||||||
20 | Central Management
Services. For these purposes the Department | ||||||
21 | may comply with such
conditions and enter into such agreements | ||||||
22 | upon such covenants, terms, and
conditions as the Department | ||||||
23 | may deem necessary or desirable, if the
agreement is not in | ||||||
24 | conflict with State law.
| ||||||
25 | (a-5) Beginning January 1, 2018, the Department of Central |
| |||||||
| |||||||
1 | Management Services shall contract with the
qualified vendor | ||||||
2 | who proposes the lowest per minute rate not exceeding 7 cents | ||||||
3 | per minute for
debit, prepaid, collect calls and who does not | ||||||
4 | bill to any party any tax, service charge, or additional fee
| ||||||
5 | exceeding the per minute rate, including, but not limited to, | ||||||
6 | any per call surcharge, account set up
fee, bill statement fee, | ||||||
7 | monthly account maintenance charge, or refund fee as | ||||||
8 | established by the
Federal Communications Commission Order for | ||||||
9 | state prisons in the Matter of Rates for Interstate
Inmate | ||||||
10 | Calling Services, Second Report and Order, WC Docket 12-375, | ||||||
11 | FCC 15-136 (adopted Oct. 22,
2015). Telephone services made | ||||||
12 | available through a prepaid or collect call system shall
| ||||||
13 | include international calls; those calls shall be made | ||||||
14 | available at reasonable rates subject to Federal
| ||||||
15 | Communications Commission rules and regulations, but not to | ||||||
16 | exceed 23 cents per minute. This amendatory Act of the 99th | ||||||
17 | General Assembly applies to any new or renewal contract for | ||||||
18 | inmate calling services. | ||||||
19 | (b) On July 1, 1998, the Department of Corrections | ||||||
20 | Reimbursement Fund
and the Department of Corrections Education | ||||||
21 | Fund shall be combined into a
single fund to be known as the | ||||||
22 | Department of Corrections Reimbursement and
Education Fund, | ||||||
23 | which is hereby created as a special fund in the State
| ||||||
24 | Treasury. The moneys deposited into the Department of | ||||||
25 | Corrections
Reimbursement and Education Fund shall be | ||||||
26 | appropriated to the
Department of Corrections for the expenses |
| |||||||
| |||||||
1 | of the Department.
| ||||||
2 | The following shall be deposited into the Department of | ||||||
3 | Corrections
Reimbursement and Education Fund:
| ||||||
4 | (i) Moneys received or recovered by the Department of | ||||||
5 | Corrections as
reimbursement for expenses incurred for the | ||||||
6 | incarceration of committed persons.
| ||||||
7 | (ii) Moneys received or recovered by the Department as | ||||||
8 | reimbursement
of payments made under the Workers' | ||||||
9 | Compensation Act.
| ||||||
10 | (iii) Moneys received by the Department as commissions | ||||||
11 | from inmate
collect call telephone systems.
| ||||||
12 | (iv) Moneys received or recovered by the Department as | ||||||
13 | reimbursement for
expenses incurred by the employment of | ||||||
14 | persons referred to the Department as
participants in the | ||||||
15 | federal Job Training Partnership Act programs.
| ||||||
16 | (v) Federal moneys, including reimbursement and | ||||||
17 | advances for
services rendered or to be rendered and moneys | ||||||
18 | for other than educational
purposes, under grant or | ||||||
19 | contract.
| ||||||
20 | (vi) Moneys identified for deposit into the Fund under | ||||||
21 | Section 13-44.4
of the School Code.
| ||||||
22 | (vii) Moneys in the Department of Corrections | ||||||
23 | Reimbursement Fund and
the Department of Corrections | ||||||
24 | Education Fund at the close of business
on June 30, 1998. | ||||||
25 | (c) The Department of Juvenile Justice Reimbursement and | ||||||
26 | Education Fund is created as a special fund in the State |
| |||||||
| |||||||
1 | Treasury. The moneys deposited into the Department of Juvenile | ||||||
2 | Justice Reimbursement Fund and Education shall be appropriated | ||||||
3 | to the Department of Juvenile Justice for the expenses of the | ||||||
4 | Department. The following moneys shall be deposited into the | ||||||
5 | Department of Juvenile Justice Reimbursement Fund and | ||||||
6 | Education Fund: | ||||||
7 | (i) received or recovered by the Department of Juvenile | ||||||
8 | Justice as reimbursement for expenses incurred for the | ||||||
9 | incarceration of committed youth; | ||||||
10 | (ii) received or recovered by the Department as | ||||||
11 | reimbursement of payments made under the Workers' | ||||||
12 | Compensation Act; | ||||||
13 | (iii) received or recovered by the Department as | ||||||
14 | reimbursement for expenses incurred by the employment of | ||||||
15 | persons referred to the Department as participants in the | ||||||
16 | federal Job Training Partnership Act programs; | ||||||
17 | (iv) federal moneys, including reimbursement and | ||||||
18 | advances for services rendered or to be rendered and moneys | ||||||
19 | for other than educational purposes, under grant or | ||||||
20 | contract; | ||||||
21 | (v) Moneys identified for deposit into the Fund under | ||||||
22 | Section 13-44.4 of the School Code.
| ||||||
23 | (Source: P.A. 99-878, eff. 1-1-17 .)
| ||||||
24 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
25 | Sec. 3-6-2. Institutions and facility administration.
|
| |||||||
| |||||||
1 | (a) Each institution and facility of the Department shall | ||||||
2 | be
administered by a chief administrative officer appointed by
| ||||||
3 | the Director. A chief administrative officer shall be
| ||||||
4 | responsible for all persons assigned to the institution or
| ||||||
5 | facility. The chief administrative officer shall administer
| ||||||
6 | the programs of the Department for the custody and treatment
of | ||||||
7 | such persons.
| ||||||
8 | (b) The chief administrative officer shall have such | ||||||
9 | assistants
as the Department may assign.
| ||||||
10 | (c) The Director or Assistant Director shall have the
| ||||||
11 | emergency powers to temporarily transfer individuals without
| ||||||
12 | formal procedures to any State, county, municipal or regional
| ||||||
13 | correctional or detention institution or facility in the State,
| ||||||
14 | subject to the acceptance of such receiving institution or
| ||||||
15 | facility, or to designate any reasonably secure place in the
| ||||||
16 | State as such an institution or facility and to make transfers
| ||||||
17 | thereto. However, transfers made under emergency powers shall
| ||||||
18 | be reviewed as soon as practicable under Article 8, and shall
| ||||||
19 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
20 | This Section shall not apply to transfers to the Department of
| ||||||
21 | Human Services which are provided for under
Section 3-8-5 or | ||||||
22 | Section 3-10-5.
| ||||||
23 | (d) The Department of Juvenile Justice shall provide | ||||||
24 | educational programs for all
committed youth persons so that | ||||||
25 | all youth persons have an opportunity to
attain the achievement | ||||||
26 | level equivalent to the completion of
the twelfth grade in the |
| |||||||
| |||||||
1 | public school system in this State.
Other higher levels of | ||||||
2 | attainment shall be encouraged and
professional instruction | ||||||
3 | shall be maintained wherever possible.
The Department may | ||||||
4 | establish programs of mandatory education and may
establish | ||||||
5 | rules and regulations for the administration of such programs.
| ||||||
6 | A person committed to the Department of Corrections who, during | ||||||
7 | the period of his or her
incarceration, participates in an | ||||||
8 | educational program provided by or through
the Department of | ||||||
9 | Corrections and through that program is awarded or earns the | ||||||
10 | number of
hours of credit required for the award of an | ||||||
11 | associate, baccalaureate, or
higher degree from a community | ||||||
12 | college, college, or university located in
Illinois shall | ||||||
13 | reimburse the State, through the Department of Corrections , for | ||||||
14 | the costs
incurred by the State in providing that person during | ||||||
15 | his or her incarceration
with the education that qualifies him | ||||||
16 | or her for the award of that degree. The
costs for which | ||||||
17 | reimbursement is required under this subsection shall be
| ||||||
18 | determined and computed by the Department of Corrections under | ||||||
19 | rules and regulations that
it shall establish for that purpose. | ||||||
20 | However, interest at the rate of 6%
per annum shall be charged | ||||||
21 | on the balance of those costs from time to time
remaining | ||||||
22 | unpaid, from the date of the person's parole, mandatory | ||||||
23 | supervised
release, or release constituting a final | ||||||
24 | termination of his or her commitment
to the Department of | ||||||
25 | Corrections until paid.
| ||||||
26 | (d-5) A person committed to the Department is entitled to |
| |||||||
| |||||||
1 | confidential testing for infection with human immunodeficiency | ||||||
2 | virus (HIV) and to counseling in connection with such testing, | ||||||
3 | with no copay to the committed person. A person committed to | ||||||
4 | the Department who has tested positive for infection with HIV | ||||||
5 | is entitled to medical care while incarcerated, counseling, and | ||||||
6 | referrals to support services, in connection with that positive | ||||||
7 | test result. Implementation of this subsection (d-5) is subject | ||||||
8 | to appropriation.
| ||||||
9 | (e) A person committed to the Department who becomes in | ||||||
10 | need
of medical or surgical treatment but is incapable of | ||||||
11 | giving
consent thereto shall receive such medical or surgical | ||||||
12 | treatment
by the chief administrative officer consenting on the | ||||||
13 | person's behalf.
Before the chief administrative officer | ||||||
14 | consents, he or she shall
obtain the advice of one or more | ||||||
15 | physicians licensed to practice medicine
in all its branches in | ||||||
16 | this State. If such physician or physicians advise:
| ||||||
17 | (1) that immediate medical or surgical treatment is | ||||||
18 | required
relative to a condition threatening to cause | ||||||
19 | death, damage or
impairment to bodily functions, or | ||||||
20 | disfigurement; and
| ||||||
21 | (2) that the person is not capable of giving consent to | ||||||
22 | such treatment;
the chief administrative officer may give | ||||||
23 | consent for such
medical or surgical treatment, and such | ||||||
24 | consent shall be
deemed to be the consent of the person for | ||||||
25 | all purposes,
including, but not limited to, the authority | ||||||
26 | of a physician
to give such treatment. |
| |||||||
| |||||||
1 | (e-5) If a physician providing medical care to a committed | ||||||
2 | person on behalf of the Department advises the chief | ||||||
3 | administrative officer that the committed person's mental or | ||||||
4 | physical health has deteriorated as a result of the cessation | ||||||
5 | of ingestion of food or liquid to the point where medical or | ||||||
6 | surgical treatment is required to prevent death, damage, or | ||||||
7 | impairment to bodily functions, the chief administrative | ||||||
8 | officer may authorize such medical or surgical treatment.
| ||||||
9 | (f) In the event that the person requires medical care and
| ||||||
10 | treatment at a place other than the institution or facility,
| ||||||
11 | the person may be removed therefrom under conditions prescribed
| ||||||
12 | by the Department. Neither the Department of Corrections nor | ||||||
13 | the Department of Juvenile Justice may require a committed | ||||||
14 | person or person committed to any facility operated by the | ||||||
15 | Department of Juvenile Justice, as set
forth in Section | ||||||
16 | 3-2.5-15 of this Code, to pay any co-payment for receiving | ||||||
17 | medical or dental services.
| ||||||
18 | (f-5) The Department shall comply with the Health Care | ||||||
19 | Violence Prevention Act. | ||||||
20 | (g) Any person having sole custody of a child at
the time | ||||||
21 | of commitment or any woman giving birth to a child after
her | ||||||
22 | commitment, may arrange through the Department of Children
and | ||||||
23 | Family Services for suitable placement of the child outside
of | ||||||
24 | the Department of Corrections. The Director of the Department
| ||||||
25 | of Corrections may determine that there are special reasons why
| ||||||
26 | the child should continue in the custody of the mother until |
| |||||||
| |||||||
1 | the
child is 6 years old.
| ||||||
2 | (h) The Department may provide Family Responsibility | ||||||
3 | Services which
may consist of, but not be limited to the | ||||||
4 | following:
| ||||||
5 | (1) family advocacy counseling;
| ||||||
6 | (2) parent self-help group;
| ||||||
7 | (3) parenting skills training;
| ||||||
8 | (4) parent and child overnight program;
| ||||||
9 | (5) parent and child reunification counseling, either | ||||||
10 | separately or
together, preceding the inmate's release; | ||||||
11 | and
| ||||||
12 | (6) a prerelease reunification staffing involving the | ||||||
13 | family advocate,
the inmate and the child's counselor, or | ||||||
14 | both and the inmate.
| ||||||
15 | (i) (Blank).
| ||||||
16 | (j) Any person convicted of a sex offense as defined in the | ||||||
17 | Sex Offender
Management Board Act shall be required to receive | ||||||
18 | a sex offender evaluation
prior to release into the community | ||||||
19 | from the Department of Corrections. The
sex offender evaluation | ||||||
20 | shall be conducted in conformance with the standards
and | ||||||
21 | guidelines developed under
the Sex Offender Management Board | ||||||
22 | Act and by an evaluator approved by the
Board.
| ||||||
23 | (k) Any minor committed to the Department of Juvenile | ||||||
24 | Justice
for a sex offense as defined by the Sex Offender | ||||||
25 | Management Board Act shall be
required to undergo sex offender | ||||||
26 | treatment by a treatment provider approved by
the Board and |
| |||||||
| |||||||
1 | conducted in conformance with the Sex Offender Management Board
| ||||||
2 | Act.
| ||||||
3 | (l) Prior to the release of any inmate committed to a | ||||||
4 | facility of the Department or the Department of Juvenile | ||||||
5 | Justice, the Department must provide the inmate with | ||||||
6 | appropriate information verbally, in writing, by video, or | ||||||
7 | other electronic means, concerning HIV and AIDS. The Department | ||||||
8 | shall develop the informational materials in consultation with | ||||||
9 | the Department of Public Health. At the same time, the | ||||||
10 | Department must also offer the committed person the option of | ||||||
11 | testing for infection with human immunodeficiency virus (HIV), | ||||||
12 | with no copayment for the test. Pre-test information shall be | ||||||
13 | provided to the committed person and informed consent obtained | ||||||
14 | as required in subsection (d) of Section 3 and Section 5 of the | ||||||
15 | AIDS Confidentiality Act. The Department may conduct opt-out | ||||||
16 | HIV testing as defined in Section 4 of the AIDS Confidentiality | ||||||
17 | Act. If the Department conducts opt-out HIV testing, the | ||||||
18 | Department shall place signs in English, Spanish and other | ||||||
19 | languages as needed in multiple, highly visible locations in | ||||||
20 | the area where HIV testing is conducted informing inmates that | ||||||
21 | they will be tested for HIV unless they refuse, and refusal or | ||||||
22 | acceptance of testing shall be documented in the inmate's | ||||||
23 | medical record. The Department shall follow procedures | ||||||
24 | established by the Department of Public Health to conduct HIV | ||||||
25 | testing and testing to confirm positive HIV test results. All | ||||||
26 | testing must be conducted by medical personnel, but pre-test |
| |||||||
| |||||||
1 | and other information may be provided by committed persons who | ||||||
2 | have received appropriate training. The Department, in | ||||||
3 | conjunction with the Department of Public Health, shall develop | ||||||
4 | a plan that complies with the AIDS Confidentiality Act to | ||||||
5 | deliver confidentially all positive or negative HIV test | ||||||
6 | results to inmates or former inmates. Nothing in this Section | ||||||
7 | shall require the Department to offer HIV testing to an inmate | ||||||
8 | who is known to be infected with HIV, or who has been tested | ||||||
9 | for HIV within the previous 180 days and whose documented HIV | ||||||
10 | test result is available to the Department electronically. The
| ||||||
11 | testing provided under this subsection (l) shall consist of a | ||||||
12 | test approved by the Illinois Department of Public Health to | ||||||
13 | determine the presence of HIV infection, based upon | ||||||
14 | recommendations of the United States Centers for Disease | ||||||
15 | Control and Prevention. If the test result is positive, a | ||||||
16 | reliable supplemental test based upon recommendations of the | ||||||
17 | United States Centers for Disease Control and Prevention shall | ||||||
18 | be
administered.
| ||||||
19 | Prior to the release of an inmate who the Department knows | ||||||
20 | has tested positive for infection with HIV, the Department in a | ||||||
21 | timely manner shall offer the inmate transitional case | ||||||
22 | management, including referrals to other support services.
| ||||||
23 | (m) The chief administrative officer of each institution or | ||||||
24 | facility of the Department shall make a room in the institution | ||||||
25 | or facility available for substance use disorder services to be | ||||||
26 | provided to committed persons on a voluntary basis. The |
| |||||||
| |||||||
1 | services shall be provided for one hour once a week at a time | ||||||
2 | specified by the chief administrative officer of the | ||||||
3 | institution or facility if the following conditions are met: | ||||||
4 | (1) the substance use disorder service contacts the | ||||||
5 | chief administrative officer to arrange the meeting; | ||||||
6 | (2) the committed person may attend the meeting for | ||||||
7 | substance use disorder services only if the committed | ||||||
8 | person uses pre-existing free time already available to the | ||||||
9 | committed person; | ||||||
10 | (3) all disciplinary and other rules of the institution | ||||||
11 | or facility remain in effect; | ||||||
12 | (4) the committed person is not given any additional | ||||||
13 | privileges to attend substance use disorder services; | ||||||
14 | (5) if the substance use disorder service does not | ||||||
15 | arrange for scheduling a meeting for that week, no | ||||||
16 | substance use disorder services shall be provided to the | ||||||
17 | committed person in the institution or facility for that | ||||||
18 | week; | ||||||
19 | (6) the number of committed persons who may attend a | ||||||
20 | substance use disorder meeting shall not exceed 40 during | ||||||
21 | any session held at the correctional institution or | ||||||
22 | facility; | ||||||
23 | (7) a volunteer seeking to provide substance use | ||||||
24 | disorder services under this subsection (m) must submit an | ||||||
25 | application to the Department of Corrections under | ||||||
26 | existing Department rules and the Department must review |
| |||||||
| |||||||
1 | the application within 60 days after submission of the | ||||||
2 | application to the Department; and | ||||||
3 | (8) each institution and facility of the Department | ||||||
4 | shall manage the substance use disorder services program | ||||||
5 | according to its own processes and procedures. | ||||||
6 | For the purposes of this subsection (m), "substance use | ||||||
7 | disorder services" means recovery services for persons with | ||||||
8 | substance use disorders provided by volunteers of recovery | ||||||
9 | support services recognized by the Department of Human | ||||||
10 | Services. | ||||||
11 | (Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19; | ||||||
12 | 101-81, eff. 7-12-19; 101-86, eff. 1-1-20 .)
| ||||||
13 | (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
| ||||||
14 | Sec. 3-10-8. Discipline.) | ||||||
15 | (a)(1) Corporal punishment and
disciplinary restrictions | ||||||
16 | on diet, medical or sanitary facilities,
clothing, bedding or | ||||||
17 | mail are prohibited, as are reductions in
the frequency of use | ||||||
18 | of toilets, washbowls and showers.
| ||||||
19 | (2) Disciplinary restrictions on visitation, work, | ||||||
20 | education
or program assignments, the use of toilets, washbowls
| ||||||
21 | and showers shall be related as closely as practicable to
abuse | ||||||
22 | of such privileges or facilities. This paragraph shall
not | ||||||
23 | apply to segregation or isolation of persons for purposes
of | ||||||
24 | institutional control.
| ||||||
25 | (3) No person committed to the Department of Juvenile |
| |||||||
| |||||||
1 | Justice may be
isolated for disciplinary reasons for more than | ||||||
2 | 7 consecutive
days nor more than 15 days out of any 30 day | ||||||
3 | period except in
cases of violence or attempted violence | ||||||
4 | committed against
another person or property when an additional | ||||||
5 | period of
isolation for disciplinary reasons is approved by the | ||||||
6 | chief
administrative officer. A person who has been isolated | ||||||
7 | for
24 hours or more shall be interviewed daily by his staff
| ||||||
8 | counselor or other staff member .
| ||||||
9 | (b) The Department of Juvenile Justice shall establish | ||||||
10 | rules and
regulations governing disciplinary practices, the | ||||||
11 | penalties
for violation thereof, and the disciplinary | ||||||
12 | procedure by which
such penalties may be imposed. The rules of | ||||||
13 | behavior shall be
made known to each committed person, and the | ||||||
14 | discipline shall
be suited to the infraction and fairly | ||||||
15 | applied.
| ||||||
16 | (c) All disciplinary action imposed upon persons in
| ||||||
17 | institutions and facilities of the Department of Juvenile | ||||||
18 | Justice shall
be consistent with this Section and Department | ||||||
19 | rules and
regulations adopted hereunder.
| ||||||
20 | (d) Disciplinary action imposed under this Section shall be
| ||||||
21 | reviewed by the grievance procedure under Section 3-8-8.
| ||||||
22 | (e) A written report of any infraction for which discipline
| ||||||
23 | is imposed shall be filed with the chief administrative officer
| ||||||
24 | within 72 hours of the occurrence of the infraction or the
| ||||||
25 | discovery of it and such report shall be placed in the file
of | ||||||
26 | the institution or facility.
|
| |||||||
| |||||||
1 | (f) All institutions and facilities of the Department of | ||||||
2 | Juvenile Justice
shall establish, subject to the approval of | ||||||
3 | the Director of Juvenile Justice,
procedures for disciplinary | ||||||
4 | cases except those that may
involve the imposition of | ||||||
5 | disciplinary isolation; delay in
referral to the Parole and | ||||||
6 | Pardon Board or a change in work,
education or other program | ||||||
7 | assignment of more than 7 days duration.
| ||||||
8 | (g) In disciplinary cases which may involve the imposition
| ||||||
9 | of disciplinary isolation, delay in referral to the Parole
and | ||||||
10 | Pardon Board, or a change in work, education or other
program | ||||||
11 | assignment of more than 7 days duration, the Director
shall | ||||||
12 | establish disciplinary procedures consistent with the
| ||||||
13 | following principles:
| ||||||
14 | (1) Any person or persons who initiate a disciplinary | ||||||
15 | charge
against a person shall not decide the charge. To the | ||||||
16 | extent
possible, a person representing the counseling | ||||||
17 | staff of the
institution or facility shall participate in | ||||||
18 | deciding the
disciplinary case.
| ||||||
19 | (2) Any committed person charged with a violation of
| ||||||
20 | Department rules of behavior shall be given notice of the
| ||||||
21 | charge including a statement of the misconduct alleged and | ||||||
22 | of
the rules this conduct is alleged to violate.
| ||||||
23 | (3) Any person charged with a violation of rules is | ||||||
24 | entitled
to a hearing on that charge at which time he shall | ||||||
25 | have an
opportunity to appear before and address the person | ||||||
26 | or persons
deciding the charge.
|
| |||||||
| |||||||
1 | (4) The person or persons deciding the charge may also | ||||||
2 | summon
to testify any witnesses or other persons with | ||||||
3 | relevant
knowledge of the incident. The person charged may | ||||||
4 | be
permitted to question any person so summoned.
| ||||||
5 | (5) If the charge is sustained, the person charged is | ||||||
6 | entitled
to a written statement of the decision by the | ||||||
7 | persons deciding
the charge which shall include the basis | ||||||
8 | for the decision and
the disciplinary action, if any, to be | ||||||
9 | imposed.
| ||||||
10 | (6) A change in work, education, or other program | ||||||
11 | assignment
shall not be used for disciplinary purposes | ||||||
12 | except as provided
in paragraph (a) of the Section and then | ||||||
13 | only after review and
approval under Section 3-10-3.
| ||||||
14 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
15 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
16 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
17 | imprisonment.
| ||||||
18 | (a) Concurrent terms; multiple or additional sentences. | ||||||
19 | When an Illinois court (i) imposes multiple sentences of | ||||||
20 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
21 | sentence of imprisonment on a defendant who is already subject | ||||||
22 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
23 | court of another state, or a federal court, then the sentences | ||||||
24 | shall run concurrently unless otherwise determined by the | ||||||
25 | Illinois court under this Section. |
| |||||||
| |||||||
1 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
2 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
3 | felony and sentenced to imprisonment shall be transferred to | ||||||
4 | the Department of Corrections, and the misdemeanor sentence | ||||||
5 | shall be merged in and run concurrently with the felony | ||||||
6 | sentence. | ||||||
7 | (c) Consecutive terms; permissive. The court may impose | ||||||
8 | consecutive sentences in any of the following circumstances: | ||||||
9 | (1) If, having regard to the nature and circumstances | ||||||
10 | of the offense and the history
and character of the | ||||||
11 | defendant, it is the opinion of the court that consecutive | ||||||
12 | sentences are
required to protect the public from further | ||||||
13 | criminal conduct by the defendant, the basis for which the | ||||||
14 | court shall set forth in the record. | ||||||
15 | (2) If one of the offenses for which a defendant was | ||||||
16 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
17 | false personation of a peace officer) of the Criminal Code | ||||||
18 | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
19 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
21 | offense was committed in attempting or committing a | ||||||
22 | forcible felony.
| ||||||
23 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
24 | consecutive sentences in each of the following circumstances: | ||||||
25 | (1) One of the offenses for which the defendant was | ||||||
26 | convicted was first degree
murder or a Class X or Class 1 |
| |||||||
| |||||||
1 | felony and the defendant inflicted severe bodily injury. | ||||||
2 | (2) The defendant was convicted of a violation of | ||||||
3 | Section 11-1.20 or 12-13 (criminal sexual
assault), | ||||||
4 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
5 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
6 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
8 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
9 | 5/12-14.1). | ||||||
10 | (2.5) The defendant was convicted of a violation of | ||||||
11 | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) | ||||||
12 | of Section 11-20.1 (child pornography) or of paragraph (1), | ||||||
13 | (2), (3), (4), (5), or (7) of subsection (a) of Section | ||||||
14 | 11-20.1B or 11-20.3 (aggravated child pornography) of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012; or the | ||||||
16 | defendant was convicted of a violation of paragraph (6) of | ||||||
17 | subsection (a) of Section 11-20.1 (child pornography) or of | ||||||
18 | paragraph (6) of subsection (a) of Section 11-20.1B or | ||||||
19 | 11-20.3 (aggravated child pornography) of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012, when the child | ||||||
21 | depicted is under the age of 13. | ||||||
22 | (3) The defendant was convicted of armed violence based | ||||||
23 | upon the predicate
offense of any of the following: | ||||||
24 | solicitation of murder, solicitation of murder for hire, | ||||||
25 | heinous battery as described in Section 12-4.1 or | ||||||
26 | subdivision (a)(2) of Section 12-3.05, aggravated battery |
| |||||||
| |||||||
1 | of a senior citizen as described in Section 12-4.6 or | ||||||
2 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
3 | assault, a violation of subsection (g) of Section 5 of the | ||||||
4 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
5 | trafficking, a violation of subsection (a) of Section 401 | ||||||
6 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
7 | 570/401), controlled substance trafficking involving a | ||||||
8 | Class X felony amount of controlled substance under Section | ||||||
9 | 401 of the Illinois Controlled Substances Act (720 ILCS | ||||||
10 | 570/401), a violation of the Methamphetamine Control and | ||||||
11 | Community Protection Act (720 ILCS 646/), calculated | ||||||
12 | criminal drug conspiracy, or streetgang criminal drug | ||||||
13 | conspiracy. | ||||||
14 | (4) The defendant was convicted of the offense of | ||||||
15 | leaving the scene of a motor
vehicle accident involving | ||||||
16 | death or personal injuries under Section 11-401 of the | ||||||
17 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
18 | aggravated driving under the influence of alcohol, other | ||||||
19 | drug or drugs, or intoxicating compound or compounds, or | ||||||
20 | any combination thereof under Section 11-501 of the | ||||||
21 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
22 | homicide under Section 9-3 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||||||
24 | offense described in item (A) and an offense described in | ||||||
25 | item (B). | ||||||
26 | (5) The defendant was convicted of a violation of |
| |||||||
| |||||||
1 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
2 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
4 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
5 | (5.5) The defendant was convicted of a violation of | ||||||
6 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
7 | of an offense) of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012. | ||||||
9 | (6) If the defendant was in the custody of the | ||||||
10 | Department of Corrections at the
time of the commission of | ||||||
11 | the offense, the sentence shall be served consecutive to | ||||||
12 | the sentence under which the defendant is held by the | ||||||
13 | Department of Corrections. If, however, the defendant is | ||||||
14 | sentenced to punishment by death, the sentence shall be | ||||||
15 | executed at such time as the court may fix without regard | ||||||
16 | to the sentence under which the defendant may be held by | ||||||
17 | the Department. | ||||||
18 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
19 | for escape or attempted escape shall be served
consecutive | ||||||
20 | to the terms under which the offender is held by the | ||||||
21 | Department of Corrections. | ||||||
22 | (8) If a person charged with a felony commits a | ||||||
23 | separate felony while on pretrial
release or in pretrial | ||||||
24 | detention in a county jail facility or county detention | ||||||
25 | facility, then the sentences imposed upon conviction of | ||||||
26 | these felonies shall be served consecutively regardless of |
| |||||||
| |||||||
1 | the order in which the judgments of conviction are entered. | ||||||
2 | (8.5) If a person commits a battery against a county | ||||||
3 | correctional officer or sheriff's employee while serving a | ||||||
4 | sentence or in pretrial detention in a county jail | ||||||
5 | facility, then the sentence imposed upon conviction of the | ||||||
6 | battery shall be served consecutively with the sentence | ||||||
7 | imposed upon conviction of the earlier misdemeanor or | ||||||
8 | felony, regardless of the order in which the
judgments of | ||||||
9 | conviction are entered. | ||||||
10 | (9) If a person admitted to bail following conviction | ||||||
11 | of a felony commits a
separate felony while free on bond or | ||||||
12 | if a person detained in a county jail facility or county | ||||||
13 | detention facility following conviction of a felony | ||||||
14 | commits a separate felony while in detention, then any | ||||||
15 | sentence following conviction of the separate felony shall | ||||||
16 | be consecutive to that of the original sentence for which | ||||||
17 | the defendant was on bond or detained.
| ||||||
18 | (10) If a person is found to be in possession of an | ||||||
19 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
20 | Criminal Code of 2012, while serving a sentence in a county | ||||||
21 | jail or while in pre-trial detention in a county jail, the | ||||||
22 | sentence imposed upon conviction for the offense of | ||||||
23 | possessing contraband in a penal institution shall be | ||||||
24 | served consecutively to the sentence imposed for the | ||||||
25 | offense in which the person is serving sentence in the | ||||||
26 | county jail or serving pretrial detention, regardless of |
| |||||||
| |||||||
1 | the order in which the judgments of conviction are entered. | ||||||
2 | (11) If a person is sentenced for a violation of bail | ||||||
3 | bond under Section 32-10 of the Criminal Code of 1961 or | ||||||
4 | the Criminal Code of 2012, any sentence imposed for that | ||||||
5 | violation shall be served
consecutive to the sentence | ||||||
6 | imposed for the charge for which bail had been
granted and | ||||||
7 | with respect to which the defendant has been convicted. | ||||||
8 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
9 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
10 | defendant and the defendant is subsequently sentenced to a term | ||||||
11 | of imprisonment by a court of another state or a federal court, | ||||||
12 | then the Illinois sentence shall run consecutively to the | ||||||
13 | sentence imposed by the court of the other state or the federal | ||||||
14 | court. That same Illinois court, however, may order that the | ||||||
15 | Illinois sentence run concurrently with the sentence imposed by | ||||||
16 | the court of the other state or the federal court, but only if | ||||||
17 | the defendant applies to that same Illinois court within 30 | ||||||
18 | days after the sentence imposed by the court of the other state | ||||||
19 | or the federal court is finalized. | ||||||
20 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
21 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
22 | sentences shall be determined as follows: | ||||||
23 | (1) For sentences imposed under law in effect prior to | ||||||
24 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
25 | sentences shall not exceed the maximum term authorized | ||||||
26 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of |
| |||||||
| |||||||
1 | Chapter V for the 2 most serious felonies involved. The | ||||||
2 | aggregate minimum period of consecutive sentences shall | ||||||
3 | not exceed the highest minimum term authorized under | ||||||
4 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
5 | V for the 2 most serious felonies involved. When sentenced | ||||||
6 | only for misdemeanors, a defendant shall not be | ||||||
7 | consecutively sentenced to more than the maximum for one | ||||||
8 | Class A misdemeanor. | ||||||
9 | (2) For sentences imposed under the law in effect on or | ||||||
10 | after February 1, 1978,
the aggregate of consecutive | ||||||
11 | sentences for offenses that were committed as part of a | ||||||
12 | single
course of conduct during which there was no | ||||||
13 | substantial change in the nature of the criminal objective | ||||||
14 | shall not exceed the sum of the maximum terms authorized | ||||||
15 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
16 | felonies involved, but no such limitation shall apply for | ||||||
17 | offenses that were not committed as part of a single course | ||||||
18 | of conduct during which there was no substantial change in | ||||||
19 | the nature of the criminal objective. When sentenced only | ||||||
20 | for misdemeanors, a defendant shall not be consecutively | ||||||
21 | sentenced to more than the maximum for one Class A | ||||||
22 | misdemeanor.
| ||||||
23 | (g) Consecutive terms; manner served. In determining the | ||||||
24 | manner in which consecutive sentences of imprisonment, one or | ||||||
25 | more of which is for a felony, will be served, the Department | ||||||
26 | of Corrections shall treat the defendant as though he or she |
| |||||||
| |||||||
1 | had been committed for a single term subject to each of the | ||||||
2 | following: | ||||||
3 | (1) The maximum period of a term of imprisonment shall | ||||||
4 | consist of the aggregate
of the maximums of the imposed | ||||||
5 | indeterminate terms, if any, plus the aggregate of the | ||||||
6 | imposed determinate sentences for felonies, plus the | ||||||
7 | aggregate of the imposed determinate sentences for | ||||||
8 | misdemeanors, subject to subsection (f) of this Section. | ||||||
9 | (2) The parole or mandatory supervised release term | ||||||
10 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
11 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
12 | involved. | ||||||
13 | (3) The minimum period of imprisonment shall be the | ||||||
14 | aggregate of the minimum
and determinate periods of | ||||||
15 | imprisonment imposed by the court, subject to subsection | ||||||
16 | (f) of this Section. | ||||||
17 | (4) The defendant shall be awarded credit against the | ||||||
18 | aggregate maximum term
and the aggregate minimum term of | ||||||
19 | imprisonment for all time served in an institution since | ||||||
20 | the commission of the offense or offenses and as a | ||||||
21 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
22 | (730 ILCS 5/3-6-3).
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23 | (h) Notwithstanding any other provisions of this Section, | ||||||
24 | all sentences imposed by an Illinois court under this Code | ||||||
25 | shall run concurrent to any and all sentences imposed under the | ||||||
26 | Juvenile Court Act of 1987.
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1 | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; | ||||||
2 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. | ||||||
3 | 1-1-14.)
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