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1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Procurement Code is amended by
5 changing Section 15-25 and by adding Sections 45-67 and 45-70
6 as follows:
 
7     (30 ILCS 500/15-25)
8     Sec. 15-25. Bulletin content.
9     (a) Invitations for bids. Notice of each and every contract
10 that is offered, including renegotiated contracts and change
11 orders, shall be published in the Bulletin. The applicable
12 chief procurement officer may provide by rule an organized
13 format for the publication of this information, but in any case
14 it must include at least the date first offered, the date
15 submission of offers is due, the location that offers are to be
16 submitted to, the purchasing State agency, the responsible
17 State purchasing officer, a brief purchase description, the
18 method of source selection, and information of how to obtain a
19 comprehensive purchase description and any disclosure and
20 contract forms, and encouragement to prospective vendors to
21 hire qualified veterans, as defined by Section 45-67 of this
22 Code, and Illinois residents discharged from any Illinois adult
23 correctional center.
24     (b) Contracts let or awarded. Notice of each and every
25 contract that is let or awarded, including renegotiated
26 contracts and change orders, shall be published in the next
27 available subsequent Bulletin, and the applicable chief
28 procurement officer may provide by rule an organized format for
29 the publication of this information, but in any case it must
30 include at least all of the information specified in subsection
31 (a) as well as the name of the successful responsible bidder or
32 offeror, the contract price, the number of unsuccessful

 

 

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1 responsive bidders, and any other disclosure specified in any
2 Section of this Code.
3     (c) Emergency purchase disclosure. Any chief procurement
4 officer, State purchasing officer, or designee exercising
5 emergency purchase authority under this Code shall publish a
6 written description and reasons and the total cost, if known,
7 or an estimate if unknown and the name of the responsible chief
8 procurement officer and State purchasing officer, and the
9 business or person contracted with for all emergency purchases
10 in the next timely, practicable Bulletin.
11     (d) Other required disclosure. The applicable chief
12 procurement officer shall provide by rule for the organized
13 publication of all other disclosure required in other Sections
14 of this Code in a timely manner.
15 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
16     (30 ILCS 500/45-67 new)
17     Sec. 45-67. Encouragement to hire qualified veterans. A
18 chief procurement officer may, as part of any solicitation,
19 encourage prospective vendors to consider hiring qualified
20 veterans and to notify them of any available financial
21 incentives or other advantages associated with hiring such
22 persons. In establishing internal guidelines in furtherance of
23 this Section, the Department of Central Management Services may
24 work with an interagency advisory committee consisting of
25 representatives from the Department of Veterans Affairs, the
26 Department of Employment Security, the Department of Commerce
27 and Economic Opportunity, and the Department of Revenue and
28 consisting of 4 members of the General Assembly, 2 of whom are
29 appointed by the Speaker of the House of Representatives and 2
30 of whom are appointed by the President of the Senate.
31     For the purposes of this Section, "qualified veteran" means
32 an Illinois resident who: (i) was a member of the Armed Forces
33 of the United States, a member of the Illinois National Guard,
34 or a member of any reserve component of the Armed Forces of the
35 United States; (ii) served on active duty in connection with

 

 

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1 Operation Desert Storm, Operation Enduring Freedom, or
2 Operation Iraqi Freedom; and (iii) was honorably discharged.
3     The Department of Central Management Services must report
4 to the Governor and to the General Assembly by December 31 of
5 each year on the activities undertaken by chief procurement
6 officers and the Department of Central Management Services to
7 encourage prospective vendors to consider hiring qualified
8 veterans. The report must include the number of vendors who
9 have hired qualified veterans.
 
10     (30 ILCS 500/45-70 new)
11     Sec. 45-70. Encouragement to hire ex-offenders. A chief
12 procurement officer may, as part of any solicitation, encourage
13 prospective vendors to consider hiring Illinois residents
14 discharged from any Illinois adult correctional center, in
15 appropriate circumstances, and to notify them of any available
16 financial incentives or other advantages associated with
17 hiring such persons. In establishing internal guidelines in
18 furtherance of this Section, the Department of Central
19 Management Services may work with an interagency advisory
20 committee consisting of representatives from the Department of
21 Corrections, the Department of Employment Security, the
22 Department of Juvenile Justice, the Department of Commerce and
23 Economic Opportunity, and the Department of Revenue and
24 consisting of 4 members of the General Assembly, 2 of whom are
25 appointed by the Speaker of the House of Representatives and 2
26 of whom are appointed by the President of the Senate.
27     The Department of Central Management Services must report
28 to the Governor and to the General Assembly by December 31 of
29 each year on the activities undertaken by chief procurement
30 officers and the Department of Central Management Services to
31 encourage prospective vendors to consider hiring Illinois
32 residents who have been discharged from an Illinois adult
33 correctional center. The report must include the number of
34 vendors who have hired Illinois residents who have been
35 discharged from any Illinois adult correctional center.
 

 

 

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1     Section 10. The Illinois Income Tax Act is amended by
2 adding Sections 216 and 217 as follows:
 
3     (35 ILCS 5/216 new)
4     Sec. 216. Credit for wages paid to ex-felons.
5     (a) For each taxable year beginning on or after January 1,
6 2007, each taxpayer is entitled to a credit against the tax
7 imposed by subsections (a) and (b) of Section 201 of this Act
8 in an amount equal to 25% of that portion of federal work
9 opportunity credit allowed to the taxpayer for the taxable year
10 under Section 51 of the Internal Revenue Code that is
11 attributable to the qualified first-year wages paid by the
12 taxpayer to one or more Illinois residents who are eligible
13 offenders, as defined under Section 5-5.5-5 of the Unified Code
14 of Corrections.
15     (b) For purposes of this Section, if the general business
16 credit allowed to the taxpayer under Section 38 of the Internal
17 Revenue Code exceeds the taxpayer's federal income tax
18 liability for the taxable year, so that a portion of the credit
19 earned in the taxable year is carried over to other taxable
20 years, then for purposes of the calculation of the credit under
21 this Section, the portion of the general business credit that
22 is attributable to the qualified first-year wages paid by the
23 taxpayer to one or more Illinois residents who are qualified
24 ex-felons is deemed to have been taken in full in the taxable
25 year it is earned, to the extent that portion does not exceed
26 the total general business credit otherwise allowed for the
27 taxable year.
28     (c) In no event shall a credit under this Section reduce
29 the taxpayer's liability to less than zero. If the amount of
30 the credit exceeds the tax liability for the year, the excess
31 may be carried forward and applied to the tax liability of the
32 5 taxable years following the excess credit year. The tax
33 credit shall be applied to the earliest year for which there is
34 a tax liability. If there are credits for more than one year

 

 

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1 that are available to offset a liability, the earlier credit
2 shall be applied first.
 
3     (35 ILCS 5/217 new)
4     Sec. 217. Credit for wages paid to qualified veterans.
5     (a) For each taxable year beginning on or after January 1,
6 2007, each taxpayer is entitled to a credit against the tax
7 imposed by subsections (a) and (b) of Section 201 of this Act
8 in an amount equal to 5%, but in no event to exceed $600, of the
9 gross wages paid by the taxpayer to a qualified veteran in the
10 course of that veteran's sustained employment during the
11 taxable year.
12     (b) For purposes of this Section:
13     "Qualified veteran" means an Illinois resident who: (i) was
14 a member of the Armed Forces of the United States, a member of
15 the Illinois National Guard, or a member of any reserve
16 component of the Armed Forces of the United States; (ii) served
17 on active duty in connection with Operation Desert Storm,
18 Operation Enduring Freedom, or Operation Iraqi Freedom; (iii)
19 was honorably discharged; and (iv) was initially hired by the
20 taxpayer on or after January 1, 2007.
21     "Sustained employment" means a period of employment that is
22 not less than 185 days during the taxable year.
23     (c) In no event shall a credit under this Section reduce
24 the taxpayer's liability to less than zero. If the amount of
25 the credit exceeds the tax liability for the year, the excess
26 may be carried forward and applied to the tax liability of the
27 5 taxable years following the excess credit year. The tax
28 credit shall be applied to the earliest year for which there is
29 a tax liability. If there are credits for more than one year
30 that are available to offset a liability, the earlier credit
31 shall be applied first.
 
32     Section 15. The Unified Code of Corrections is amended by
33 changing Sections 3-2-2, 5-5-5, and 5-5.5-5 as follows:
 

 

 

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1     (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
2     (Text of Section before amendment by P.A. 94-696)
3     Sec. 3-2-2. Powers and Duties of the Department.
4     (1) In addition to the powers, duties and responsibilities
5 which are otherwise provided by law, the Department shall have
6 the following powers:
7         (a) To accept persons committed to it by the courts of
8     this State for care, custody, treatment and
9     rehabilitation, and to accept federal prisoners and aliens
10     over whom the Office of the Federal Detention Trustee is
11     authorized to exercise the federal detention function for
12     limited purposes and periods of time.
13         (b) To develop and maintain reception and evaluation
14     units for purposes of analyzing the custody and
15     rehabilitation needs of persons committed to it and to
16     assign such persons to institutions and programs under its
17     control or transfer them to other appropriate agencies. In
18     consultation with the Department of Alcoholism and
19     Substance Abuse (now the Department of Human Services), the
20     Department of Corrections shall develop a master plan for
21     the screening and evaluation of persons committed to its
22     custody who have alcohol or drug abuse problems, and for
23     making appropriate treatment available to such persons;
24     the Department shall report to the General Assembly on such
25     plan not later than April 1, 1987. The maintenance and
26     implementation of such plan shall be contingent upon the
27     availability of funds.
28         (b-1) To create and implement, on January 1, 2002, a
29     pilot program to establish the effectiveness of
30     pupillometer technology (the measurement of the pupil's
31     reaction to light) as an alternative to a urine test for
32     purposes of screening and evaluating persons committed to
33     its custody who have alcohol or drug problems. The pilot
34     program shall require the pupillometer technology to be
35     used in at least one Department of Corrections facility.
36     The Director may expand the pilot program to include an

 

 

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1     additional facility or facilities as he or she deems
2     appropriate. A minimum of 4,000 tests shall be included in
3     the pilot program. The Department must report to the
4     General Assembly on the effectiveness of the program by
5     January 1, 2003.
6         (b-5) To develop, in consultation with the Department
7     of State Police, a program for tracking and evaluating each
8     inmate from commitment through release for recording his or
9     her gang affiliations, activities, or ranks.
10         (c) To maintain and administer all State correctional
11     institutions and facilities under its control and to
12     establish new ones as needed. Pursuant to its power to
13     establish new institutions and facilities, the Department
14     may, with the written approval of the Governor, authorize
15     the Department of Central Management Services to enter into
16     an agreement of the type described in subsection (d) of
17     Section 405-300 of the Department of Central Management
18     Services Law (20 ILCS 405/405-300). The Department shall
19     designate those institutions which shall constitute the
20     State Penitentiary System.
21         Pursuant to its power to establish new institutions and
22     facilities, the Department may authorize the Department of
23     Central Management Services to accept bids from counties
24     and municipalities for the construction, remodeling or
25     conversion of a structure to be leased to the Department of
26     Corrections for the purposes of its serving as a
27     correctional institution or facility. Such construction,
28     remodeling or conversion may be financed with revenue bonds
29     issued pursuant to the Industrial Building Revenue Bond Act
30     by the municipality or county. The lease specified in a bid
31     shall be for a term of not less than the time needed to
32     retire any revenue bonds used to finance the project, but
33     not to exceed 40 years. The lease may grant to the State
34     the option to purchase the structure outright.
35         Upon receipt of the bids, the Department may certify
36     one or more of the bids and shall submit any such bids to

 

 

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1     the General Assembly for approval. Upon approval of a bid
2     by a constitutional majority of both houses of the General
3     Assembly, pursuant to joint resolution, the Department of
4     Central Management Services may enter into an agreement
5     with the county or municipality pursuant to such bid.
6         (c-5) To build and maintain regional juvenile
7     detention centers and to charge a per diem to the counties
8     as established by the Department to defray the costs of
9     housing each minor in a center. In this subsection (c-5),
10     "juvenile detention center" means a facility to house
11     minors during pendency of trial who have been transferred
12     from proceedings under the Juvenile Court Act of 1987 to
13     prosecutions under the criminal laws of this State in
14     accordance with Section 5-805 of the Juvenile Court Act of
15     1987, whether the transfer was by operation of law or
16     permissive under that Section. The Department shall
17     designate the counties to be served by each regional
18     juvenile detention center.
19         (d) To develop and maintain programs of control,
20     rehabilitation and employment of committed persons within
21     its institutions.
22         (d-5) To provide a pre-release job preparation program
23     for inmates at Illinois adult correctional centers.
24         (e) To establish a system of supervision and guidance
25     of committed persons in the community.
26         (f) To establish in cooperation with the Department of
27     Transportation to supply a sufficient number of prisoners
28     for use by the Department of Transportation to clean up the
29     trash and garbage along State, county, township, or
30     municipal highways as designated by the Department of
31     Transportation. The Department of Corrections, at the
32     request of the Department of Transportation, shall furnish
33     such prisoners at least annually for a period to be agreed
34     upon between the Director of Corrections and the Director
35     of Transportation. The prisoners used on this program shall
36     be selected by the Director of Corrections on whatever

 

 

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1     basis he deems proper in consideration of their term,
2     behavior and earned eligibility to participate in such
3     program - where they will be outside of the prison facility
4     but still in the custody of the Department of Corrections.
5     Prisoners convicted of first degree murder, or a Class X
6     felony, or armed violence, or aggravated kidnapping, or
7     criminal sexual assault, aggravated criminal sexual abuse
8     or a subsequent conviction for criminal sexual abuse, or
9     forcible detention, or arson, or a prisoner adjudged a
10     Habitual Criminal shall not be eligible for selection to
11     participate in such program. The prisoners shall remain as
12     prisoners in the custody of the Department of Corrections
13     and such Department shall furnish whatever security is
14     necessary. The Department of Transportation shall furnish
15     trucks and equipment for the highway cleanup program and
16     personnel to supervise and direct the program. Neither the
17     Department of Corrections nor the Department of
18     Transportation shall replace any regular employee with a
19     prisoner.
20         (g) To maintain records of persons committed to it and
21     to establish programs of research, statistics and
22     planning.
23         (h) To investigate the grievances of any person
24     committed to the Department, to inquire into any alleged
25     misconduct by employees or committed persons, and to
26     investigate the assets of committed persons to implement
27     Section 3-7-6 of this Code; and for these purposes it may
28     issue subpoenas and compel the attendance of witnesses and
29     the production of writings and papers, and may examine
30     under oath any witnesses who may appear before it; to also
31     investigate alleged violations of a parolee's or
32     releasee's conditions of parole or release; and for this
33     purpose it may issue subpoenas and compel the attendance of
34     witnesses and the production of documents only if there is
35     reason to believe that such procedures would provide
36     evidence that such violations have occurred.

 

 

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1         If any person fails to obey a subpoena issued under
2     this subsection, the Director may apply to any circuit
3     court to secure compliance with the subpoena. The failure
4     to comply with the order of the court issued in response
5     thereto shall be punishable as contempt of court.
6         (i) To appoint and remove the chief administrative
7     officers, and administer programs of training and
8     development of personnel of the Department. Personnel
9     assigned by the Department to be responsible for the
10     custody and control of committed persons or to investigate
11     the alleged misconduct of committed persons or employees or
12     alleged violations of a parolee's or releasee's conditions
13     of parole shall be conservators of the peace for those
14     purposes, and shall have the full power of peace officers
15     outside of the facilities of the Department in the
16     protection, arrest, retaking and reconfining of committed
17     persons or where the exercise of such power is necessary to
18     the investigation of such misconduct or violations.
19         (j) To cooperate with other departments and agencies
20     and with local communities for the development of standards
21     and programs for better correctional services in this
22     State.
23         (k) To administer all moneys and properties of the
24     Department.
25         (l) To report annually to the Governor on the committed
26     persons, institutions and programs of the Department.
27         (l-5) In a confidential annual report to the Governor,
28     the Department shall identify all inmate gangs by
29     specifying each current gang's name, population and allied
30     gangs. The Department shall further specify the number of
31     top leaders identified by the Department for each gang
32     during the past year, and the measures taken by the
33     Department to segregate each leader from his or her gang
34     and allied gangs. The Department shall further report the
35     current status of leaders identified and segregated in
36     previous years. All leaders described in the report shall

 

 

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1     be identified by inmate number or other designation to
2     enable tracking, auditing, and verification without
3     revealing the names of the leaders. Because this report
4     contains law enforcement intelligence information
5     collected by the Department, the report is confidential and
6     not subject to public disclosure.
7         (m) To make all rules and regulations and exercise all
8     powers and duties vested by law in the Department.
9         (n) To establish rules and regulations for
10     administering a system of good conduct credits,
11     established in accordance with Section 3-6-3, subject to
12     review by the Prisoner Review Board.
13         (o) To administer the distribution of funds from the
14     State Treasury to reimburse counties where State penal
15     institutions are located for the payment of assistant
16     state's attorneys' salaries under Section 4-2001 of the
17     Counties Code.
18         (p) To exchange information with the Department of
19     Human Services and the Illinois Department of Healthcare
20     and Family Services Public Aid for the purpose of verifying
21     living arrangements and for other purposes directly
22     connected with the administration of this Code and the
23     Illinois Public Aid Code.
24         (q) To establish a diversion program.
25         The program shall provide a structured environment for
26     selected technical parole or mandatory supervised release
27     violators and committed persons who have violated the rules
28     governing their conduct while in work release. This program
29     shall not apply to those persons who have committed a new
30     offense while serving on parole or mandatory supervised
31     release or while committed to work release.
32         Elements of the program shall include, but shall not be
33     limited to, the following:
34             (1) The staff of a diversion facility shall provide
35         supervision in accordance with required objectives set
36         by the facility.

 

 

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1             (2) Participants shall be required to maintain
2         employment.
3             (3) Each participant shall pay for room and board
4         at the facility on a sliding-scale basis according to
5         the participant's income.
6             (4) Each participant shall:
7                 (A) provide restitution to victims in
8             accordance with any court order;
9                 (B) provide financial support to his
10             dependents; and
11                 (C) make appropriate payments toward any other
12             court-ordered obligations.
13             (5) Each participant shall complete community
14         service in addition to employment.
15             (6) Participants shall take part in such
16         counseling, educational and other programs as the
17         Department may deem appropriate.
18             (7) Participants shall submit to drug and alcohol
19         screening.
20             (8) The Department shall promulgate rules
21         governing the administration of the program.
22         (r) To enter into intergovernmental cooperation
23     agreements under which persons in the custody of the
24     Department may participate in a county impact
25     incarceration program established under Section 3-6038 or
26     3-15003.5 of the Counties Code.
27         (r-5) To enter into intergovernmental cooperation
28     agreements under which minors adjudicated delinquent and
29     committed to the Department of Corrections, Juvenile
30     Division, may participate in a county juvenile impact
31     incarceration program established under Section 3-6039 of
32     the Counties Code.
33         (r-10) To systematically and routinely identify with
34     respect to each streetgang active within the correctional
35     system: (1) each active gang; (2) every existing inter-gang
36     affiliation or alliance; and (3) the current leaders in

 

 

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1     each gang. The Department shall promptly segregate leaders
2     from inmates who belong to their gangs and allied gangs.
3     "Segregate" means no physical contact and, to the extent
4     possible under the conditions and space available at the
5     correctional facility, prohibition of visual and sound
6     communication. For the purposes of this paragraph (r-10),
7     "leaders" means persons who:
8             (i) are members of a criminal streetgang;
9             (ii) with respect to other individuals within the
10         streetgang, occupy a position of organizer,
11         supervisor, or other position of management or
12         leadership; and
13             (iii) are actively and personally engaged in
14         directing, ordering, authorizing, or requesting
15         commission of criminal acts by others, which are
16         punishable as a felony, in furtherance of streetgang
17         related activity both within and outside of the
18         Department of Corrections.
19     "Streetgang", "gang", and "streetgang related" have the
20     meanings ascribed to them in Section 10 of the Illinois
21     Streetgang Terrorism Omnibus Prevention Act.
22         (s) To operate a super-maximum security institution,
23     in order to manage and supervise inmates who are disruptive
24     or dangerous and provide for the safety and security of the
25     staff and the other inmates.
26         (t) To monitor any unprivileged conversation or any
27     unprivileged communication, whether in person or by mail,
28     telephone, or other means, between an inmate who, before
29     commitment to the Department, was a member of an organized
30     gang and any other person without the need to show cause or
31     satisfy any other requirement of law before beginning the
32     monitoring, except as constitutionally required. The
33     monitoring may be by video, voice, or other method of
34     recording or by any other means. As used in this
35     subdivision (1)(t), "organized gang" has the meaning
36     ascribed to it in Section 10 of the Illinois Streetgang

 

 

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1     Terrorism Omnibus Prevention Act.
2         As used in this subdivision (1)(t), "unprivileged
3     conversation" or "unprivileged communication" means a
4     conversation or communication that is not protected by any
5     privilege recognized by law or by decision, rule, or order
6     of the Illinois Supreme Court.
7         (u) To establish a Women's and Children's Pre-release
8     Community Supervision Program for the purpose of providing
9     housing and services to eligible female inmates, as
10     determined by the Department, and their newborn and young
11     children.
12         (v) To do all other acts necessary to carry out the
13     provisions of this Chapter.
14     (2) The Department of Corrections shall by January 1, 1998,
15 consider building and operating a correctional facility within
16 100 miles of a county of over 2,000,000 inhabitants, especially
17 a facility designed to house juvenile participants in the
18 impact incarceration program.
19     (3) When the Department lets bids for contracts for medical
20 services to be provided to persons committed to Department
21 facilities by a health maintenance organization, medical
22 service corporation, or other health care provider, the bid may
23 only be let to a health care provider that has obtained an
24 irrevocable letter of credit or performance bond issued by a
25 company whose bonds are rated AAA by a bond rating
26 organization.
27     (4) When the Department lets bids for contracts for food or
28 commissary services to be provided to Department facilities,
29 the bid may only be let to a food or commissary services
30 provider that has obtained an irrevocable letter of credit or
31 performance bond issued by a company whose bonds are rated AAA
32 by a bond rating organization.
33 (Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839,
34 eff. 7-30-04; revised 12-15-05.)
 
35     (Text of Section after amendment by P.A. 94-696)

 

 

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1     Sec. 3-2-2. Powers and Duties of the Department.
2     (1) In addition to the powers, duties and responsibilities
3 which are otherwise provided by law, the Department shall have
4 the following powers:
5         (a) To accept persons committed to it by the courts of
6     this State for care, custody, treatment and
7     rehabilitation, and to accept federal prisoners and aliens
8     over whom the Office of the Federal Detention Trustee is
9     authorized to exercise the federal detention function for
10     limited purposes and periods of time.
11         (b) To develop and maintain reception and evaluation
12     units for purposes of analyzing the custody and
13     rehabilitation needs of persons committed to it and to
14     assign such persons to institutions and programs under its
15     control or transfer them to other appropriate agencies. In
16     consultation with the Department of Alcoholism and
17     Substance Abuse (now the Department of Human Services), the
18     Department of Corrections shall develop a master plan for
19     the screening and evaluation of persons committed to its
20     custody who have alcohol or drug abuse problems, and for
21     making appropriate treatment available to such persons;
22     the Department shall report to the General Assembly on such
23     plan not later than April 1, 1987. The maintenance and
24     implementation of such plan shall be contingent upon the
25     availability of funds.
26         (b-1) To create and implement, on January 1, 2002, a
27     pilot program to establish the effectiveness of
28     pupillometer technology (the measurement of the pupil's
29     reaction to light) as an alternative to a urine test for
30     purposes of screening and evaluating persons committed to
31     its custody who have alcohol or drug problems. The pilot
32     program shall require the pupillometer technology to be
33     used in at least one Department of Corrections facility.
34     The Director may expand the pilot program to include an
35     additional facility or facilities as he or she deems
36     appropriate. A minimum of 4,000 tests shall be included in

 

 

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1     the pilot program. The Department must report to the
2     General Assembly on the effectiveness of the program by
3     January 1, 2003.
4         (b-5) To develop, in consultation with the Department
5     of State Police, a program for tracking and evaluating each
6     inmate from commitment through release for recording his or
7     her gang affiliations, activities, or ranks.
8         (c) To maintain and administer all State correctional
9     institutions and facilities under its control and to
10     establish new ones as needed. Pursuant to its power to
11     establish new institutions and facilities, the Department
12     may, with the written approval of the Governor, authorize
13     the Department of Central Management Services to enter into
14     an agreement of the type described in subsection (d) of
15     Section 405-300 of the Department of Central Management
16     Services Law (20 ILCS 405/405-300). The Department shall
17     designate those institutions which shall constitute the
18     State Penitentiary System.
19         Pursuant to its power to establish new institutions and
20     facilities, the Department may authorize the Department of
21     Central Management Services to accept bids from counties
22     and municipalities for the construction, remodeling or
23     conversion of a structure to be leased to the Department of
24     Corrections for the purposes of its serving as a
25     correctional institution or facility. Such construction,
26     remodeling or conversion may be financed with revenue bonds
27     issued pursuant to the Industrial Building Revenue Bond Act
28     by the municipality or county. The lease specified in a bid
29     shall be for a term of not less than the time needed to
30     retire any revenue bonds used to finance the project, but
31     not to exceed 40 years. The lease may grant to the State
32     the option to purchase the structure outright.
33         Upon receipt of the bids, the Department may certify
34     one or more of the bids and shall submit any such bids to
35     the General Assembly for approval. Upon approval of a bid
36     by a constitutional majority of both houses of the General

 

 

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1     Assembly, pursuant to joint resolution, the Department of
2     Central Management Services may enter into an agreement
3     with the county or municipality pursuant to such bid.
4         (c-5) To build and maintain regional juvenile
5     detention centers and to charge a per diem to the counties
6     as established by the Department to defray the costs of
7     housing each minor in a center. In this subsection (c-5),
8     "juvenile detention center" means a facility to house
9     minors during pendency of trial who have been transferred
10     from proceedings under the Juvenile Court Act of 1987 to
11     prosecutions under the criminal laws of this State in
12     accordance with Section 5-805 of the Juvenile Court Act of
13     1987, whether the transfer was by operation of law or
14     permissive under that Section. The Department shall
15     designate the counties to be served by each regional
16     juvenile detention center.
17         (d) To develop and maintain programs of control,
18     rehabilitation and employment of committed persons within
19     its institutions.
20         (d-5) To provide a pre-release job preparation program
21     for inmates at Illinois adult correctional centers.
22         (e) To establish a system of supervision and guidance
23     of committed persons in the community.
24         (f) To establish in cooperation with the Department of
25     Transportation to supply a sufficient number of prisoners
26     for use by the Department of Transportation to clean up the
27     trash and garbage along State, county, township, or
28     municipal highways as designated by the Department of
29     Transportation. The Department of Corrections, at the
30     request of the Department of Transportation, shall furnish
31     such prisoners at least annually for a period to be agreed
32     upon between the Director of Corrections and the Director
33     of Transportation. The prisoners used on this program shall
34     be selected by the Director of Corrections on whatever
35     basis he deems proper in consideration of their term,
36     behavior and earned eligibility to participate in such

 

 

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1     program - where they will be outside of the prison facility
2     but still in the custody of the Department of Corrections.
3     Prisoners convicted of first degree murder, or a Class X
4     felony, or armed violence, or aggravated kidnapping, or
5     criminal sexual assault, aggravated criminal sexual abuse
6     or a subsequent conviction for criminal sexual abuse, or
7     forcible detention, or arson, or a prisoner adjudged a
8     Habitual Criminal shall not be eligible for selection to
9     participate in such program. The prisoners shall remain as
10     prisoners in the custody of the Department of Corrections
11     and such Department shall furnish whatever security is
12     necessary. The Department of Transportation shall furnish
13     trucks and equipment for the highway cleanup program and
14     personnel to supervise and direct the program. Neither the
15     Department of Corrections nor the Department of
16     Transportation shall replace any regular employee with a
17     prisoner.
18         (g) To maintain records of persons committed to it and
19     to establish programs of research, statistics and
20     planning.
21         (h) To investigate the grievances of any person
22     committed to the Department, to inquire into any alleged
23     misconduct by employees or committed persons, and to
24     investigate the assets of committed persons to implement
25     Section 3-7-6 of this Code; and for these purposes it may
26     issue subpoenas and compel the attendance of witnesses and
27     the production of writings and papers, and may examine
28     under oath any witnesses who may appear before it; to also
29     investigate alleged violations of a parolee's or
30     releasee's conditions of parole or release; and for this
31     purpose it may issue subpoenas and compel the attendance of
32     witnesses and the production of documents only if there is
33     reason to believe that such procedures would provide
34     evidence that such violations have occurred.
35         If any person fails to obey a subpoena issued under
36     this subsection, the Director may apply to any circuit

 

 

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1     court to secure compliance with the subpoena. The failure
2     to comply with the order of the court issued in response
3     thereto shall be punishable as contempt of court.
4         (i) To appoint and remove the chief administrative
5     officers, and administer programs of training and
6     development of personnel of the Department. Personnel
7     assigned by the Department to be responsible for the
8     custody and control of committed persons or to investigate
9     the alleged misconduct of committed persons or employees or
10     alleged violations of a parolee's or releasee's conditions
11     of parole shall be conservators of the peace for those
12     purposes, and shall have the full power of peace officers
13     outside of the facilities of the Department in the
14     protection, arrest, retaking and reconfining of committed
15     persons or where the exercise of such power is necessary to
16     the investigation of such misconduct or violations.
17         (j) To cooperate with other departments and agencies
18     and with local communities for the development of standards
19     and programs for better correctional services in this
20     State.
21         (k) To administer all moneys and properties of the
22     Department.
23         (l) To report annually to the Governor on the committed
24     persons, institutions and programs of the Department.
25         (l-5) In a confidential annual report to the Governor,
26     the Department shall identify all inmate gangs by
27     specifying each current gang's name, population and allied
28     gangs. The Department shall further specify the number of
29     top leaders identified by the Department for each gang
30     during the past year, and the measures taken by the
31     Department to segregate each leader from his or her gang
32     and allied gangs. The Department shall further report the
33     current status of leaders identified and segregated in
34     previous years. All leaders described in the report shall
35     be identified by inmate number or other designation to
36     enable tracking, auditing, and verification without

 

 

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1     revealing the names of the leaders. Because this report
2     contains law enforcement intelligence information
3     collected by the Department, the report is confidential and
4     not subject to public disclosure.
5         (m) To make all rules and regulations and exercise all
6     powers and duties vested by law in the Department.
7         (n) To establish rules and regulations for
8     administering a system of good conduct credits,
9     established in accordance with Section 3-6-3, subject to
10     review by the Prisoner Review Board.
11         (o) To administer the distribution of funds from the
12     State Treasury to reimburse counties where State penal
13     institutions are located for the payment of assistant
14     state's attorneys' salaries under Section 4-2001 of the
15     Counties Code.
16         (p) To exchange information with the Department of
17     Human Services and the Illinois Department of Healthcare
18     and Family Services Public Aid for the purpose of verifying
19     living arrangements and for other purposes directly
20     connected with the administration of this Code and the
21     Illinois Public Aid Code.
22         (q) To establish a diversion program.
23         The program shall provide a structured environment for
24     selected technical parole or mandatory supervised release
25     violators and committed persons who have violated the rules
26     governing their conduct while in work release. This program
27     shall not apply to those persons who have committed a new
28     offense while serving on parole or mandatory supervised
29     release or while committed to work release.
30         Elements of the program shall include, but shall not be
31     limited to, the following:
32             (1) The staff of a diversion facility shall provide
33         supervision in accordance with required objectives set
34         by the facility.
35             (2) Participants shall be required to maintain
36         employment.

 

 

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1             (3) Each participant shall pay for room and board
2         at the facility on a sliding-scale basis according to
3         the participant's income.
4             (4) Each participant shall:
5                 (A) provide restitution to victims in
6             accordance with any court order;
7                 (B) provide financial support to his
8             dependents; and
9                 (C) make appropriate payments toward any other
10             court-ordered obligations.
11             (5) Each participant shall complete community
12         service in addition to employment.
13             (6) Participants shall take part in such
14         counseling, educational and other programs as the
15         Department may deem appropriate.
16             (7) Participants shall submit to drug and alcohol
17         screening.
18             (8) The Department shall promulgate rules
19         governing the administration of the program.
20         (r) To enter into intergovernmental cooperation
21     agreements under which persons in the custody of the
22     Department may participate in a county impact
23     incarceration program established under Section 3-6038 or
24     3-15003.5 of the Counties Code.
25         (r-5) (Blank).
26         (r-10) To systematically and routinely identify with
27     respect to each streetgang active within the correctional
28     system: (1) each active gang; (2) every existing inter-gang
29     affiliation or alliance; and (3) the current leaders in
30     each gang. The Department shall promptly segregate leaders
31     from inmates who belong to their gangs and allied gangs.
32     "Segregate" means no physical contact and, to the extent
33     possible under the conditions and space available at the
34     correctional facility, prohibition of visual and sound
35     communication. For the purposes of this paragraph (r-10),
36     "leaders" means persons who:

 

 

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1             (i) are members of a criminal streetgang;
2             (ii) with respect to other individuals within the
3         streetgang, occupy a position of organizer,
4         supervisor, or other position of management or
5         leadership; and
6             (iii) are actively and personally engaged in
7         directing, ordering, authorizing, or requesting
8         commission of criminal acts by others, which are
9         punishable as a felony, in furtherance of streetgang
10         related activity both within and outside of the
11         Department of Corrections.
12     "Streetgang", "gang", and "streetgang related" have the
13     meanings ascribed to them in Section 10 of the Illinois
14     Streetgang Terrorism Omnibus Prevention Act.
15         (s) To operate a super-maximum security institution,
16     in order to manage and supervise inmates who are disruptive
17     or dangerous and provide for the safety and security of the
18     staff and the other inmates.
19         (t) To monitor any unprivileged conversation or any
20     unprivileged communication, whether in person or by mail,
21     telephone, or other means, between an inmate who, before
22     commitment to the Department, was a member of an organized
23     gang and any other person without the need to show cause or
24     satisfy any other requirement of law before beginning the
25     monitoring, except as constitutionally required. The
26     monitoring may be by video, voice, or other method of
27     recording or by any other means. As used in this
28     subdivision (1)(t), "organized gang" has the meaning
29     ascribed to it in Section 10 of the Illinois Streetgang
30     Terrorism Omnibus Prevention Act.
31         As used in this subdivision (1)(t), "unprivileged
32     conversation" or "unprivileged communication" means a
33     conversation or communication that is not protected by any
34     privilege recognized by law or by decision, rule, or order
35     of the Illinois Supreme Court.
36         (u) To establish a Women's and Children's Pre-release

 

 

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1     Community Supervision Program for the purpose of providing
2     housing and services to eligible female inmates, as
3     determined by the Department, and their newborn and young
4     children.
5         (v) To do all other acts necessary to carry out the
6     provisions of this Chapter.
7     (2) The Department of Corrections shall by January 1, 1998,
8 consider building and operating a correctional facility within
9 100 miles of a county of over 2,000,000 inhabitants, especially
10 a facility designed to house juvenile participants in the
11 impact incarceration program.
12     (3) When the Department lets bids for contracts for medical
13 services to be provided to persons committed to Department
14 facilities by a health maintenance organization, medical
15 service corporation, or other health care provider, the bid may
16 only be let to a health care provider that has obtained an
17 irrevocable letter of credit or performance bond issued by a
18 company whose bonds are rated AAA by a bond rating
19 organization.
20     (4) When the Department lets bids for contracts for food or
21 commissary services to be provided to Department facilities,
22 the bid may only be let to a food or commissary services
23 provider that has obtained an irrevocable letter of credit or
24 performance bond issued by a company whose bonds are rated AAA
25 by a bond rating organization.
26 (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06;
27 revised 12-15-05.)
 
28     (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
29     Sec. 5-5-5. Loss and Restoration of Rights.
30     (a) Conviction and disposition shall not entail the loss by
31 the defendant of any civil rights, except under this Section
32 and Sections 29-6 and 29-10 of The Election Code, as now or
33 hereafter amended.
34     (b) A person convicted of a felony shall be ineligible to
35 hold an office created by the Constitution of this State until

 

 

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1 the completion of his sentence.
2     (c) A person sentenced to imprisonment shall lose his right
3 to vote until released from imprisonment.
4     (d) On completion of sentence of imprisonment or upon
5 discharge from probation, conditional discharge or periodic
6 imprisonment, or at any time thereafter, all license rights and
7 privileges granted under the authority of this State which have
8 been revoked or suspended because of conviction of an offense
9 shall be restored unless the authority having jurisdiction of
10 such license rights finds after investigation and hearing that
11 restoration is not in the public interest. This paragraph (d)
12 shall not apply to the suspension or revocation of a license to
13 operate a motor vehicle under the Illinois Vehicle Code.
14     (e) Upon a person's discharge from incarceration or parole,
15 or upon a person's discharge from probation or at any time
16 thereafter, the committing court may enter an order certifying
17 that the sentence has been satisfactorily completed when the
18 court believes it would assist in the rehabilitation of the
19 person and be consistent with the public welfare. Such order
20 may be entered upon the motion of the defendant or the State or
21 upon the court's own motion.
22     (f) Upon entry of the order, the court shall issue to the
23 person in whose favor the order has been entered a certificate
24 stating that his behavior after conviction has warranted the
25 issuance of the order.
26     (g) This Section shall not affect the right of a defendant
27 to collaterally attack his conviction or to rely on it in bar
28 of subsequent proceedings for the same offense.
29     (h) No application for any license specified in subsection
30 (i) of this Section granted under the authority of this State
31 shall be denied by reason of an eligible offender who has
32 obtained a certificate of relief from disabilities, as defined
33 in Article 5.5 of this Chapter, having been previously
34 convicted of one or more criminal offenses, or by reason of a
35 finding of lack of "good moral character" when the finding is
36 based upon the fact that the applicant has previously been

 

 

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1 convicted of one or more criminal offenses, unless:
2         (1) there is a direct relationship between one or more
3     of the previous criminal offenses and the specific license
4     sought; or
5         (2) the issuance of the license would involve an
6     unreasonable risk to property or to the safety or welfare
7     of specific individuals or the general public.
8     In making such a determination, the licensing agency shall
9 consider the following factors:
10         (1) the public policy of this State, as expressed in
11     Article 5.5 of this Chapter, to encourage the licensure and
12     employment of persons previously convicted of one or more
13     criminal offenses;
14         (2) the specific duties and responsibilities
15     necessarily related to the license being sought;
16         (3) the bearing, if any, the criminal offenses or
17     offenses for which the person was previously convicted will
18     have on his or her fitness or ability to perform one or
19     more such duties and responsibilities;
20         (4) the time which has elapsed since the occurrence of
21     the criminal offense or offenses;
22         (5) the age of the person at the time of occurrence of
23     the criminal offense or offenses;
24         (6) the seriousness of the offense or offenses;
25         (7) any information produced by the person or produced
26     on his or her behalf in regard to his or her rehabilitation
27     and good conduct, including a certificate of relief from
28     disabilities issued to the applicant, which certificate
29     shall create a presumption of rehabilitation in regard to
30     the offense or offenses specified in the certificate; and
31         (8) the legitimate interest of the licensing agency in
32     protecting property, and the safety and welfare of specific
33     individuals or the general public.
34     (i) A certificate of relief from disabilities shall be
35 issued only for a license or certification issued under the
36 following Acts:

 

 

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1         (1) the Animal Welfare Act; except that a certificate
2     of relief from disabilities may not be granted to provide
3     for the issuance or restoration of a license under the
4     Animal Welfare Act for any person convicted of violating
5     Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
6     Care for Animals Act or Section 26-5 of the Criminal Code
7     of 1961;
8         (2) the Illinois Athletic Trainers Practice Act;
9         (3) the Barber, Cosmetology, Esthetics, and Nail
10     Technology Act of 1985;
11         (4) the Boiler and Pressure Vessel Repairer Regulation
12     Act;
13         (5) the Professional Boxing Act;
14         (6) the Illinois Certified Shorthand Reporters Act of
15     1984;
16         (7) the Illinois Farm Labor Contractor Certification
17     Act;
18         (8) the Interior Design Title Act;
19         (9) the Illinois Professional Land Surveyor Act of
20     1989;
21         (10) the Illinois Landscape Architecture Act of 1989;
22         (11) the Marriage and Family Therapy Licensing Act;
23         (12) the Private Employment Agency Act;
24         (13) the Professional Counselor and Clinical
25     Professional Counselor Licensing Act;
26         (14) the Real Estate License Act of 2000;
27         (15) the Illinois Roofing Industry Licensing Act;
28         (16) the Professional Engineering Practice Act of
29     1989;
30         (17) the Water Well and Pump Installation Contractor's
31     License Act; and
32         (18) the Electrologist Licensing Act; .
33         (19) the Auction License Act;
34         (20) Illinois Architecture Practice Act of 1989;
35         (21) the Dietetic and Nutrition Services Practice Act;
36         (22) the Environmental Health Practitioner Licensing

 

 

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1     Act;
2         (23) the Funeral Directors and Embalmers Licensing
3     Code;
4         (24) the Land Sales Registration Act of 1999;
5         (25) the Professional Geologist Licensing Act;
6         (26) the Illinois Public Accounting Act; and
7         (27) the Structural Engineering Practice Act of 1989.
8 (Source: P.A. 93-207, eff. 1-1-04; 93-914, eff. 1-1-05.)
 
9     (730 ILCS 5/5-5.5-5)
10     Sec. 5-5.5-5. Definitions and rules of construction. In
11 this Article:
12     "Eligible offender" means a person who has been convicted
13 of a crime or of an offense that is not a crime of violence as
14 defined in Section 2 of the Crime Victims Compensation Act, a
15 Class X or a nonprobationable offense, or a violation of
16 Article 11 or Article 12 of the Criminal Code of 1961, but who
17 has not been convicted more than twice once of a felony.
18     "Felony" means a conviction of a felony in this State, or
19 of an offense in any other jurisdiction for which a sentence to
20 a term of imprisonment in excess of one year, was authorized.
21     For the purposes of this Article the following rules of
22 construction apply:
23         (i) two or more convictions of felonies charged in
24     separate counts of one indictment or information shall be
25     deemed to be one conviction;
26         (ii) two or more convictions of felonies charged in 2
27     or more indictments or informations, filed in the same
28     court prior to entry of judgment under any of them, shall
29     be deemed to be one conviction; and
30         (iii) a plea or a verdict of guilty upon which a
31     sentence of probation, conditional discharge, or
32     supervision has been imposed shall be deemed to be a
33     conviction.
34 (Source: P.A. 93-207, eff. 1-1-04.)
 

 

 

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1     Section 95. No acceleration or delay. Where this Act makes
2 changes in a statute that is represented in this Act by text
3 that is not yet or no longer in effect (for example, a Section
4 represented by multiple versions), the use of that text does
5 not accelerate or delay the taking effect of (i) the changes
6 made by this Act or (ii) provisions derived from any other
7 Public Act.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.