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1 | AN ACT concerning employment.
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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 Illinois Procurement Code is amended by | ||||||
5 | changing Section 15-25 and by adding Sections 45-67 and 45-70 | ||||||
6 | as follows:
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7 | (30 ILCS 500/15-25)
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8 | Sec. 15-25. Bulletin content.
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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
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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 .
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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.
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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.
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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.
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15 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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16 | (30 ILCS 500/45-67 new)
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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 8 members of the General Assembly, 2 of whom are | ||||||
29 | appointed by the Speaker of the House of Representatives, 2 of | ||||||
30 | whom are appointed by the President of the Senate, 2 of whom | ||||||
31 | are appointed by the Minority Leader of the House of | ||||||
32 | Representatives, and 2 of whom are appointed by the Minority | ||||||
33 | Leader of the Senate. | ||||||
34 | For the purposes of this Section, "qualified veteran" means | ||||||
35 | an Illinois resident who: (i) was a member of the Armed Forces |
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1 | of the United States, a member of the Illinois National Guard, | ||||||
2 | or a member of any reserve component of the Armed Forces of the | ||||||
3 | United States; (ii) served on active duty in connection with | ||||||
4 | Operation Desert Storm, Operation Enduring Freedom, or | ||||||
5 | Operation Iraqi Freedom; and (iii) was honorably discharged.
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6 | The Department of Central Management Services must report | ||||||
7 | to the Governor and to the General Assembly by December 31 of | ||||||
8 | each year on the activities undertaken by chief procurement | ||||||
9 | officers and the Department of Central Management Services to | ||||||
10 | encourage prospective vendors to consider hiring qualified | ||||||
11 | veterans. The report must include the number of vendors who | ||||||
12 | have hired qualified veterans. | ||||||
13 | (30 ILCS 500/45-70 new) | ||||||
14 | Sec. 45-70. Encouragement to hire ex-offenders. A chief | ||||||
15 | procurement officer may, as part of any solicitation, encourage | ||||||
16 | prospective vendors to consider hiring Illinois residents | ||||||
17 | discharged from any Illinois adult correctional center, in | ||||||
18 | appropriate circumstances, and to notify them of any available | ||||||
19 | financial incentives or other advantages associated with | ||||||
20 | hiring such persons. In establishing internal guidelines in | ||||||
21 | furtherance of this Section, the Department of Central | ||||||
22 | Management Services may work with an interagency advisory | ||||||
23 | committee consisting of representatives from the Department of | ||||||
24 | Corrections, the Department of Employment Security, the | ||||||
25 | Department of Juvenile Justice, the Department of Commerce and | ||||||
26 | Economic Opportunity, and the Department of Revenue and | ||||||
27 | consisting of 8 members of the General Assembly, 2 of whom are | ||||||
28 | appointed by the Speaker of the House of Representatives, 2 of | ||||||
29 | whom are appointed by the President of the Senate, 2 of whom | ||||||
30 | are appointed by the Minority Leader of the House of | ||||||
31 | Representatives, and 2 of whom are appointed by the Minority | ||||||
32 | Leader of the Senate. | ||||||
33 | The Department of Central Management Services must report | ||||||
34 | to the Governor and to the General Assembly by December 31 of | ||||||
35 | each year on the activities undertaken by chief procurement |
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1 | officers and the Department of Central Management Services to | ||||||
2 | encourage prospective vendors to consider hiring Illinois | ||||||
3 | residents who have been discharged from an Illinois adult | ||||||
4 | correctional center. The report must include the number of | ||||||
5 | vendors who have hired Illinois residents who have been | ||||||
6 | discharged from any Illinois adult correctional center. | ||||||
7 | Section 10. The Illinois Income Tax Act is amended by | ||||||
8 | adding Sections 216 and 217 as follows: | ||||||
9 | (35 ILCS 5/216 new) | ||||||
10 | Sec. 216. Credit for wages paid to ex-felons. | ||||||
11 | (a) For each taxable year beginning on or after January 1, | ||||||
12 | 2007, each taxpayer is entitled to a credit against the tax | ||||||
13 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
14 | in an amount equal to 5% of qualified wages paid by the | ||||||
15 | taxpayer during the taxable year to one or more Illinois | ||||||
16 | residents who are qualified ex-offenders. The total credit | ||||||
17 | allowed to a taxpayer with respect to each qualified | ||||||
18 | ex-offender may not exceed $600 for all taxable years. For | ||||||
19 | partners, shareholders of Subchapter S corporations, and | ||||||
20 | owners of limited liability companies, if the liability company | ||||||
21 | is treated as a partnership for purposes of federal and State | ||||||
22 | income taxation, there shall be allowed a credit under this | ||||||
23 | Section to be determined in accordance with the determination | ||||||
24 | of income and distributive share of income under Sections 702 | ||||||
25 | and 704 and Subchapter S of the Internal Revenue Code. | ||||||
26 | (b) For purposes of this Section, "qualified wages": | ||||||
27 | (1) includes only wages that are subject to federal | ||||||
28 | unemployment tax under Section 3306 of the Internal Revenue | ||||||
29 | Code, without regard to any dollar limitation contained in | ||||||
30 | that Section;
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31 | (2) does not include any amounts paid or incurred by an | ||||||
32 | employer for any period to any qualified ex-offender for | ||||||
33 | whom the employer receives federally funded payments for | ||||||
34 | on-the-job training of that qualified ex-offender for that |
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1 | period;
and
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2 | (3) includes only wages attributable to service | ||||||
3 | rendered during the one-year period beginning with the day | ||||||
4 | the qualified ex-offender begins work for the employer.
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5 | If the taxpayer has received any payment from a program | ||||||
6 | established under Section 482(e)(1) of the federal Social | ||||||
7 | Security Act with respect to a qualified ex-offender, then, for | ||||||
8 | purposes of calculating the credit under this Section, the | ||||||
9 | amount of the qualified wages paid to that qualified | ||||||
10 | ex-offender must be reduced by the amount of the payment.
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11 | (c) For purposes of this Section, "qualified ex-offender" | ||||||
12 | means any person who:
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13 | (1) is an eligible offender, as defined under Section | ||||||
14 | 5-5.5-5 of the Unified Code of Corrections; | ||||||
15 | (2) was sentenced to a period of incarceration in an | ||||||
16 | Illinois adult correctional center; and | ||||||
17 | (3) was hired by the taxpayer within one year after | ||||||
18 | being released from an Illinois adult correctional center. | ||||||
19 | (d) In no event shall a credit under this Section reduce | ||||||
20 | the taxpayer's liability to less than zero. If the amount of | ||||||
21 | the credit exceeds the tax liability for the year, the excess | ||||||
22 | may be carried forward and applied to the tax liability of the | ||||||
23 | 5 taxable years following the excess credit year. The tax | ||||||
24 | credit shall be applied to the earliest year for which there is | ||||||
25 | a tax liability. If there are credits for more than one year | ||||||
26 | that are available to offset a liability, the earlier credit | ||||||
27 | shall be applied first. | ||||||
28 | (35 ILCS 5/217 new)
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29 | Sec. 217. Credit for wages paid to qualified veterans. | ||||||
30 | (a) For each taxable year beginning on or after January 1, | ||||||
31 | 2007, each taxpayer is entitled to a credit against the tax | ||||||
32 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
33 | in an amount equal to 5%, but in no event to exceed $600, of the | ||||||
34 | gross wages paid by the taxpayer to a qualified veteran in the | ||||||
35 | course of that veteran's sustained employment during the |
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1 | taxable year. For partners, shareholders of Subchapter S | ||||||
2 | corporations, and owners of limited liability companies, if the | ||||||
3 | liability company is treated as a partnership for purposes of | ||||||
4 | federal and State income taxation, there shall be allowed a | ||||||
5 | credit under this Section to be determined in accordance with | ||||||
6 | the determination of income and distributive share of income | ||||||
7 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
8 | Revenue Code. | ||||||
9 | (b) For purposes of this Section: | ||||||
10 | "Qualified veteran" means an Illinois resident who: (i) was | ||||||
11 | a member of the Armed Forces of the United States, a member of | ||||||
12 | the Illinois National Guard, or a member of any reserve | ||||||
13 | component of the Armed Forces of the United States; (ii) served | ||||||
14 | on active duty in connection with Operation Desert Storm, | ||||||
15 | Operation Enduring Freedom, or Operation Iraqi Freedom; (iii) | ||||||
16 | has provided, to the taxpayer, documentation showing that he or | ||||||
17 | she was honorably discharged; and (iv) was initially hired by | ||||||
18 | the taxpayer on or after January 1, 2007. | ||||||
19 | "Sustained employment" means a period of employment that is | ||||||
20 | not less than 185 days during the taxable year. | ||||||
21 | (c) In no event shall a credit under this Section reduce | ||||||
22 | the taxpayer's liability to less than zero. If the amount of | ||||||
23 | the credit exceeds the tax liability for the year, the excess | ||||||
24 | may be carried forward and applied to the tax liability of the | ||||||
25 | 5 taxable years following the excess credit year. The tax | ||||||
26 | credit shall be applied to the earliest year for which there is | ||||||
27 | a tax liability. If there are credits for more than one year | ||||||
28 | that are available to offset a liability, the earlier credit | ||||||
29 | shall be applied first. | ||||||
30 | Section 15. The Unified Code of Corrections is amended by | ||||||
31 | changing Sections 3-2-2, 5-5-5, and 5-5.5-5 as follows:
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32 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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33 | (Text of Section before amendment by P.A. 94-696 )
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34 | Sec. 3-2-2. Powers and Duties of the Department.
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1 | (1) In addition to the powers, duties and responsibilities | ||||||
2 | which are
otherwise provided by law, the Department shall have | ||||||
3 | the following powers:
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4 | (a) To accept persons committed to it by the courts of | ||||||
5 | this State for
care, custody, treatment and | ||||||
6 | rehabilitation, and to accept federal prisoners and aliens | ||||||
7 | over whom the Office of the Federal Detention Trustee is | ||||||
8 | authorized to exercise the federal detention function for | ||||||
9 | limited purposes and periods of time.
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10 | (b) To develop and maintain reception and evaluation | ||||||
11 | units for purposes
of analyzing the custody and | ||||||
12 | rehabilitation needs of persons committed to
it and to | ||||||
13 | assign such persons to institutions and programs under its | ||||||
14 | control
or transfer them to other appropriate agencies. In | ||||||
15 | consultation with the
Department of Alcoholism and | ||||||
16 | Substance Abuse (now the Department of Human
Services), the | ||||||
17 | Department of Corrections
shall develop a master plan for | ||||||
18 | the screening and evaluation of persons
committed to its | ||||||
19 | custody who have alcohol or drug abuse problems, and for
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20 | making appropriate treatment available to such persons; | ||||||
21 | the Department
shall report to the General Assembly on such | ||||||
22 | plan not later than April 1,
1987. The maintenance and | ||||||
23 | implementation of such plan shall be contingent
upon the | ||||||
24 | availability of funds.
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25 | (b-1) To create and implement, on January 1, 2002, a | ||||||
26 | pilot
program to
establish the effectiveness of | ||||||
27 | pupillometer technology (the measurement of the
pupil's
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28 | reaction to light) as an alternative to a urine test for | ||||||
29 | purposes of screening
and evaluating
persons committed to | ||||||
30 | its custody who have alcohol or drug problems. The
pilot | ||||||
31 | program shall require the pupillometer technology to be | ||||||
32 | used in at
least one Department of
Corrections facility. | ||||||
33 | The Director may expand the pilot program to include an
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34 | additional facility or
facilities as he or she deems | ||||||
35 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
36 | the pilot program.
The
Department must report to the
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1 | General Assembly on the
effectiveness of the program by | ||||||
2 | January 1, 2003.
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3 | (b-5) To develop, in consultation with the Department | ||||||
4 | of State Police, a
program for tracking and evaluating each | ||||||
5 | inmate from commitment through release
for recording his or | ||||||
6 | her gang affiliations, activities, or ranks.
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7 | (c) To maintain and administer all State correctional | ||||||
8 | institutions and
facilities under its control and to | ||||||
9 | establish new ones as needed. Pursuant
to its power to | ||||||
10 | establish new institutions and facilities, the Department
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11 | may, with the written approval of the Governor, authorize | ||||||
12 | the Department of
Central Management Services to enter into | ||||||
13 | an agreement of the type
described in subsection (d) of | ||||||
14 | Section 405-300 of the
Department
of Central Management | ||||||
15 | Services Law (20 ILCS 405/405-300). The Department shall
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16 | designate those institutions which
shall constitute the | ||||||
17 | State Penitentiary System.
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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
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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 | ||||||
27 | by the municipality or county. The lease specified in a bid | ||||||
28 | shall be
for a term of not less than the time needed to | ||||||
29 | retire any revenue bonds
used to finance the project, but | ||||||
30 | not to exceed 40 years. The lease may
grant to the State | ||||||
31 | the option to purchase the structure outright.
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32 | Upon receipt of the bids, the Department may certify | ||||||
33 | one or more of the
bids and shall submit any such bids to | ||||||
34 | the General Assembly for approval.
Upon approval of a bid | ||||||
35 | by a constitutional majority of both houses of the
General | ||||||
36 | Assembly, pursuant to joint resolution, the Department of |
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1 | Central
Management Services may enter into an agreement | ||||||
2 | with the county or
municipality pursuant to such bid.
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3 | (c-5) To build and maintain regional juvenile | ||||||
4 | detention centers and to
charge a per diem to the counties | ||||||
5 | as established by the Department to defray
the costs of | ||||||
6 | housing each minor in a center. In this subsection (c-5),
| ||||||
7 | "juvenile
detention center" means a facility to house | ||||||
8 | minors during pendency of trial who
have been transferred | ||||||
9 | from proceedings under the Juvenile Court Act of 1987 to
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10 | prosecutions under the criminal laws of this State in | ||||||
11 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
12 | 1987, whether the transfer was by operation
of
law or | ||||||
13 | permissive under that Section. The Department shall | ||||||
14 | designate the
counties to be served by each regional | ||||||
15 | juvenile detention center.
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16 | (d) To develop and maintain programs of control, | ||||||
17 | rehabilitation and
employment of committed persons within | ||||||
18 | its institutions. | ||||||
19 | (d-5) To provide a pre-release job preparation program | ||||||
20 | for inmates at Illinois adult correctional centers.
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21 | (e) To establish a system of supervision and guidance | ||||||
22 | of committed persons
in the community.
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23 | (f) To establish in cooperation with the Department of | ||||||
24 | Transportation
to supply a sufficient number of prisoners | ||||||
25 | for use by the Department of
Transportation to clean up the | ||||||
26 | trash and garbage along State, county,
township, or | ||||||
27 | municipal highways as designated by the Department of
| ||||||
28 | Transportation. The Department of Corrections, at the | ||||||
29 | request of the
Department of Transportation, shall furnish | ||||||
30 | such prisoners at least
annually for a period to be agreed | ||||||
31 | upon between the Director of
Corrections and the Director | ||||||
32 | of Transportation. The prisoners used on this
program shall | ||||||
33 | be selected by the Director of Corrections on whatever | ||||||
34 | basis
he deems proper in consideration of their term, | ||||||
35 | behavior and earned eligibility
to participate in such | ||||||
36 | program - where they will be outside of the prison
facility |
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1 | but still in the custody of the Department of Corrections. | ||||||
2 | Prisoners
convicted of first degree murder, or a Class X | ||||||
3 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
4 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
5 | or a subsequent conviction for criminal sexual abuse, or | ||||||
6 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
7 | Habitual Criminal shall not be
eligible for selection to | ||||||
8 | participate in such program. The prisoners shall
remain as | ||||||
9 | prisoners in the custody of the Department of Corrections | ||||||
10 | and such
Department shall furnish whatever security is | ||||||
11 | necessary. The Department of
Transportation shall furnish | ||||||
12 | trucks and equipment for the highway cleanup
program and | ||||||
13 | personnel to supervise and direct the program. Neither the
| ||||||
14 | Department of Corrections nor the Department of | ||||||
15 | Transportation shall replace
any regular employee with a | ||||||
16 | prisoner.
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17 | (g) To maintain records of persons committed to it and | ||||||
18 | to establish
programs of research, statistics and | ||||||
19 | planning.
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20 | (h) To investigate the grievances of any person | ||||||
21 | committed to the
Department, to inquire into any alleged | ||||||
22 | misconduct by employees
or committed persons, and to | ||||||
23 | investigate the assets
of committed persons to implement | ||||||
24 | Section 3-7-6 of this Code; and for
these purposes it may | ||||||
25 | issue subpoenas and compel the attendance of witnesses
and | ||||||
26 | the production of writings and papers, and may examine | ||||||
27 | under oath any
witnesses who may appear before it; to also | ||||||
28 | investigate alleged violations
of a parolee's or | ||||||
29 | releasee's conditions of parole or release; and for this
| ||||||
30 | purpose it may issue subpoenas and compel the attendance of | ||||||
31 | witnesses and
the production of documents only if there is | ||||||
32 | reason to believe that such
procedures would provide | ||||||
33 | evidence that such violations have occurred.
| ||||||
34 | If any person fails to obey a subpoena issued under | ||||||
35 | this subsection,
the Director may apply to any circuit | ||||||
36 | court to secure compliance with the
subpoena. The failure |
| |||||||
| |||||||
1 | to comply with the order of the court issued in
response | ||||||
2 | thereto shall be punishable as contempt of court.
| ||||||
3 | (i) To appoint and remove the chief administrative | ||||||
4 | officers, and
administer
programs of training and | ||||||
5 | development of personnel of the Department. Personnel
| ||||||
6 | assigned by the Department to be responsible for the
| ||||||
7 | custody and control of committed persons or to investigate | ||||||
8 | the alleged
misconduct of committed persons or employees or | ||||||
9 | alleged violations of a
parolee's or releasee's conditions | ||||||
10 | of parole shall be conservators of the peace
for those | ||||||
11 | purposes, and shall have the full power of peace officers | ||||||
12 | outside
of the facilities of the Department in the | ||||||
13 | protection, arrest, retaking
and reconfining of committed | ||||||
14 | persons or where the exercise of such power
is necessary to | ||||||
15 | the investigation of such misconduct or violations.
| ||||||
16 | (j) To cooperate with other departments and agencies | ||||||
17 | and with local
communities for the development of standards | ||||||
18 | and programs for better
correctional services in this | ||||||
19 | State.
| ||||||
20 | (k) To administer all moneys and properties of the | ||||||
21 | Department.
| ||||||
22 | (l) To report annually to the Governor on the committed
| ||||||
23 | persons, institutions and programs of the Department.
| ||||||
24 | (l-5) In a confidential annual report to the Governor, | ||||||
25 | the Department
shall
identify all inmate gangs by | ||||||
26 | specifying each current gang's name, population
and allied | ||||||
27 | gangs. The Department shall further specify the number of | ||||||
28 | top
leaders identified by the Department for each gang | ||||||
29 | during the past year, and
the measures taken by the | ||||||
30 | Department to segregate each leader from his or her
gang | ||||||
31 | and allied gangs. The Department shall further report the | ||||||
32 | current status
of leaders identified and segregated in | ||||||
33 | previous years. All leaders described
in the report shall | ||||||
34 | be identified by inmate number or other designation to
| ||||||
35 | enable tracking, auditing, and verification without | ||||||
36 | revealing the names of the
leaders. Because this report |
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| |||||||
1 | contains law enforcement intelligence information
| ||||||
2 | collected by the Department, the report is confidential and | ||||||
3 | not subject to
public disclosure.
| ||||||
4 | (m) To make all rules and regulations and exercise all | ||||||
5 | powers and duties
vested by law in the Department.
| ||||||
6 | (n) To establish rules and regulations for | ||||||
7 | administering a system of
good conduct credits, | ||||||
8 | established in accordance with Section 3-6-3, subject
to | ||||||
9 | review by the Prisoner Review Board.
| ||||||
10 | (o) To administer the distribution of funds
from the | ||||||
11 | State Treasury to reimburse counties where State penal
| ||||||
12 | institutions are located for the payment of assistant | ||||||
13 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
14 | Counties Code.
| ||||||
15 | (p) To exchange information with the Department of | ||||||
16 | Human Services and the
Illinois Department of Healthcare | ||||||
17 | and Family Services
Public Aid
for the purpose of verifying | ||||||
18 | living arrangements and for other purposes
directly | ||||||
19 | connected with the administration of this Code and the | ||||||
20 | Illinois
Public Aid Code.
| ||||||
21 | (q) To establish a diversion program.
| ||||||
22 | The program shall provide a structured environment for | ||||||
23 | selected
technical parole or mandatory supervised release | ||||||
24 | violators and committed
persons who have violated the rules | ||||||
25 | governing their conduct while in work
release. This program | ||||||
26 | shall not apply to those persons who have committed
a new | ||||||
27 | offense while serving on parole or mandatory supervised | ||||||
28 | release or
while committed to work release.
| ||||||
29 | Elements of the program shall include, but shall not be | ||||||
30 | limited to, the
following:
| ||||||
31 | (1) The staff of a diversion facility shall provide | ||||||
32 | supervision in
accordance with required objectives set | ||||||
33 | by the facility.
| ||||||
34 | (2) Participants shall be required to maintain | ||||||
35 | employment.
| ||||||
36 | (3) Each participant shall pay for room and board |
| |||||||
| |||||||
1 | at the facility on a
sliding-scale basis according to | ||||||
2 | the participant's income.
| ||||||
3 | (4) Each participant shall:
| ||||||
4 | (A) provide restitution to victims in | ||||||
5 | accordance with any court order;
| ||||||
6 | (B) provide financial support to his | ||||||
7 | dependents; and
| ||||||
8 | (C) make appropriate payments toward any other | ||||||
9 | court-ordered
obligations.
| ||||||
10 | (5) Each participant shall complete community | ||||||
11 | service in addition to
employment.
| ||||||
12 | (6) Participants shall take part in such | ||||||
13 | counseling, educational and
other programs as the | ||||||
14 | Department may deem appropriate.
| ||||||
15 | (7) Participants shall submit to drug and alcohol | ||||||
16 | screening.
| ||||||
17 | (8) The Department shall promulgate rules | ||||||
18 | governing the administration
of the program.
| ||||||
19 | (r) To enter into intergovernmental cooperation | ||||||
20 | agreements under which
persons in the custody of the | ||||||
21 | Department may participate in a county impact
| ||||||
22 | incarceration program established under Section 3-6038 or | ||||||
23 | 3-15003.5 of the
Counties Code.
| ||||||
24 | (r-5) To enter into intergovernmental cooperation | ||||||
25 | agreements under which
minors adjudicated delinquent and | ||||||
26 | committed to the Department of Corrections,
Juvenile | ||||||
27 | Division, may participate in a county juvenile impact | ||||||
28 | incarceration
program established under Section 3-6039 of | ||||||
29 | the Counties Code.
| ||||||
30 | (r-10) To systematically and routinely identify with | ||||||
31 | respect to each
streetgang active within the correctional | ||||||
32 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
33 | affiliation or alliance; and (3) the current leaders
in | ||||||
34 | each gang. The Department shall promptly segregate leaders | ||||||
35 | from inmates who
belong to their gangs and allied gangs. | ||||||
36 | "Segregate" means no physical contact
and, to the extent |
| |||||||
| |||||||
1 | possible under the conditions and space available at the
| ||||||
2 | correctional facility, prohibition of visual and sound | ||||||
3 | communication. For the
purposes of this paragraph (r-10), | ||||||
4 | "leaders" means persons who:
| ||||||
5 | (i) are members of a criminal streetgang;
| ||||||
6 | (ii) with respect to other individuals within the | ||||||
7 | streetgang, occupy a
position of organizer, | ||||||
8 | supervisor, or other position of management or
| ||||||
9 | leadership; and
| ||||||
10 | (iii) are actively and personally engaged in | ||||||
11 | directing, ordering,
authorizing, or requesting | ||||||
12 | commission of criminal acts by others, which are
| ||||||
13 | punishable as a felony, in furtherance of streetgang | ||||||
14 | related activity both
within and outside of the | ||||||
15 | Department of Corrections.
| ||||||
16 | "Streetgang", "gang", and "streetgang related" have the | ||||||
17 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
18 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
19 | (s) To operate a super-maximum security institution, | ||||||
20 | in order to
manage and
supervise inmates who are disruptive | ||||||
21 | or dangerous and provide for the safety
and security of the | ||||||
22 | staff and the other inmates.
| ||||||
23 | (t) To monitor any unprivileged conversation or any | ||||||
24 | unprivileged
communication, whether in person or by mail, | ||||||
25 | telephone, or other means,
between an inmate who, before | ||||||
26 | commitment to the Department, was a member of an
organized | ||||||
27 | gang and any other person without the need to show cause or | ||||||
28 | satisfy
any other requirement of law before beginning the | ||||||
29 | monitoring, except as
constitutionally required. The | ||||||
30 | monitoring may be by video, voice, or other
method of | ||||||
31 | recording or by any other means. As used in this | ||||||
32 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
33 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
34 | Terrorism Omnibus Prevention Act.
| ||||||
35 | As used in this subdivision (1)(t), "unprivileged | ||||||
36 | conversation" or
"unprivileged communication" means a |
| |||||||
| |||||||
1 | conversation or communication that is not
protected by any | ||||||
2 | privilege recognized by law or by decision, rule, or order | ||||||
3 | of
the Illinois Supreme Court.
| ||||||
4 | (u) To establish a Women's and Children's Pre-release | ||||||
5 | Community
Supervision
Program for the purpose of providing | ||||||
6 | housing and services to eligible female
inmates, as | ||||||
7 | determined by the Department, and their newborn and young
| ||||||
8 | children.
| ||||||
9 | (v) To do all other acts necessary to carry out the | ||||||
10 | provisions
of this Chapter.
| ||||||
11 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
12 | consider
building and operating a correctional facility within | ||||||
13 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
14 | a facility designed to house juvenile
participants in the | ||||||
15 | impact incarceration program.
| ||||||
16 | (3) When the Department lets bids for contracts for medical
| ||||||
17 | services to be provided to persons committed to Department | ||||||
18 | facilities by
a health maintenance organization, medical | ||||||
19 | service corporation, or other
health care provider, the bid may | ||||||
20 | only be let to a health care provider
that has obtained an | ||||||
21 | irrevocable letter of credit or performance bond
issued by a | ||||||
22 | company whose bonds are rated AAA by a bond rating
| ||||||
23 | organization.
| ||||||
24 | (4) When the Department lets bids for
contracts for food or | ||||||
25 | commissary services to be provided to
Department facilities, | ||||||
26 | the bid may only be let to a food or commissary
services | ||||||
27 | provider that has obtained an irrevocable letter of
credit or | ||||||
28 | performance bond issued by a company whose bonds are rated
AAA | ||||||
29 | by a bond rating organization.
| ||||||
30 | (Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839, | ||||||
31 | eff. 7-30-04; revised 12-15-05.)
| ||||||
32 | (Text of Section after amendment by P.A. 94-696 )
| ||||||
33 | Sec. 3-2-2. Powers and Duties of the Department.
| ||||||
34 | (1) In addition to the powers, duties and responsibilities | ||||||
35 | which are
otherwise provided by law, the Department shall have |
| |||||||
| |||||||
1 | the following powers:
| ||||||
2 | (a) To accept persons committed to it by the courts of | ||||||
3 | this State for
care, custody, treatment and | ||||||
4 | rehabilitation, and to accept federal prisoners and aliens | ||||||
5 | over whom the Office of the Federal Detention Trustee is | ||||||
6 | authorized to exercise the federal detention function for | ||||||
7 | limited purposes and periods of time.
| ||||||
8 | (b) To develop and maintain reception and evaluation | ||||||
9 | units for purposes
of analyzing the custody and | ||||||
10 | rehabilitation needs of persons committed to
it and to | ||||||
11 | assign such persons to institutions and programs under its | ||||||
12 | control
or transfer them to other appropriate agencies. In | ||||||
13 | consultation with the
Department of Alcoholism and | ||||||
14 | Substance Abuse (now the Department of Human
Services), the | ||||||
15 | Department of Corrections
shall develop a master plan for | ||||||
16 | the screening and evaluation of persons
committed to its | ||||||
17 | custody who have alcohol or drug abuse problems, and for
| ||||||
18 | making appropriate treatment available to such persons; | ||||||
19 | the Department
shall report to the General Assembly on such | ||||||
20 | plan not later than April 1,
1987. The maintenance and | ||||||
21 | implementation of such plan shall be contingent
upon the | ||||||
22 | availability of funds.
| ||||||
23 | (b-1) To create and implement, on January 1, 2002, a | ||||||
24 | pilot
program to
establish the effectiveness of | ||||||
25 | pupillometer technology (the measurement of the
pupil's
| ||||||
26 | reaction to light) as an alternative to a urine test for | ||||||
27 | purposes of screening
and evaluating
persons committed to | ||||||
28 | its custody who have alcohol or drug problems. The
pilot | ||||||
29 | program shall require the pupillometer technology to be | ||||||
30 | used in at
least one Department of
Corrections facility. | ||||||
31 | The Director may expand the pilot program to include an
| ||||||
32 | additional facility or
facilities as he or she deems | ||||||
33 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
34 | the pilot program.
The
Department must report to the
| ||||||
35 | General Assembly on the
effectiveness of the program by | ||||||
36 | 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.
| ||||||
16 | Pursuant to its power to establish new institutions and | ||||||
17 | facilities, the
Department may authorize the Department of | ||||||
18 | Central Management Services to
accept bids from counties | ||||||
19 | and municipalities for the construction,
remodeling or | ||||||
20 | conversion of a structure to be leased to the Department of
| ||||||
21 | Corrections for the purposes of its serving as a | ||||||
22 | correctional institution
or facility. Such construction, | ||||||
23 | remodeling or conversion may be financed
with revenue bonds | ||||||
24 | issued pursuant to the Industrial Building Revenue Bond
Act | ||||||
25 | by the municipality or county. The lease specified in a bid | ||||||
26 | shall be
for a term of not less than the time needed to | ||||||
27 | retire any revenue bonds
used to finance the project, but | ||||||
28 | not to exceed 40 years. The lease may
grant to the State | ||||||
29 | the option to purchase the structure outright.
| ||||||
30 | Upon receipt of the bids, the Department may certify | ||||||
31 | one or more of the
bids and shall submit any such bids to | ||||||
32 | the General Assembly for approval.
Upon approval of a bid | ||||||
33 | by a constitutional majority of both houses of the
General | ||||||
34 | Assembly, pursuant to joint resolution, the Department of | ||||||
35 | Central
Management Services may enter into an agreement | ||||||
36 | with the county or
municipality pursuant to such bid.
|
| |||||||
| |||||||
1 | (c-5) To build and maintain regional juvenile | ||||||
2 | detention centers and to
charge a per diem to the counties | ||||||
3 | as established by the Department to defray
the costs of | ||||||
4 | housing each minor in a center. In this subsection (c-5),
| ||||||
5 | "juvenile
detention center" means a facility to house | ||||||
6 | minors during pendency of trial who
have been transferred | ||||||
7 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
8 | prosecutions under the criminal laws of this State in | ||||||
9 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
10 | 1987, whether the transfer was by operation
of
law or | ||||||
11 | permissive under that Section. The Department shall | ||||||
12 | designate the
counties to be served by each regional | ||||||
13 | juvenile detention center.
| ||||||
14 | (d) To develop and maintain programs of control, | ||||||
15 | rehabilitation and
employment of committed persons within | ||||||
16 | its institutions.
| ||||||
17 | (d-5) To provide a pre-release job preparation program | ||||||
18 | for inmates at Illinois adult correctional centers.
| ||||||
19 | (e) To establish a system of supervision and guidance | ||||||
20 | of committed persons
in the community.
| ||||||
21 | (f) To establish in cooperation with the Department of | ||||||
22 | Transportation
to supply a sufficient number of prisoners | ||||||
23 | for use by the Department of
Transportation to clean up the | ||||||
24 | trash and garbage along State, county,
township, or | ||||||
25 | municipal highways as designated by the Department of
| ||||||
26 | Transportation. The Department of Corrections, at the | ||||||
27 | request of the
Department of Transportation, shall furnish | ||||||
28 | such prisoners at least
annually for a period to be agreed | ||||||
29 | upon between the Director of
Corrections and the Director | ||||||
30 | of Transportation. The prisoners used on this
program shall | ||||||
31 | be selected by the Director of Corrections on whatever | ||||||
32 | basis
he deems proper in consideration of their term, | ||||||
33 | behavior and earned eligibility
to participate in such | ||||||
34 | program - where they will be outside of the prison
facility | ||||||
35 | but still in the custody of the Department of Corrections. | ||||||
36 | Prisoners
convicted of first degree murder, or a Class X |
| |||||||
| |||||||
1 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
2 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
3 | or a subsequent conviction for criminal sexual abuse, or | ||||||
4 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
5 | Habitual Criminal shall not be
eligible for selection to | ||||||
6 | participate in such program. The prisoners shall
remain as | ||||||
7 | prisoners in the custody of the Department of Corrections | ||||||
8 | and such
Department shall furnish whatever security is | ||||||
9 | necessary. The Department of
Transportation shall furnish | ||||||
10 | trucks and equipment for the highway cleanup
program and | ||||||
11 | personnel to supervise and direct the program. Neither the
| ||||||
12 | Department of Corrections nor the Department of | ||||||
13 | Transportation shall replace
any regular employee with a | ||||||
14 | prisoner.
| ||||||
15 | (g) To maintain records of persons committed to it and | ||||||
16 | to establish
programs of research, statistics and | ||||||
17 | planning.
| ||||||
18 | (h) To investigate the grievances of any person | ||||||
19 | committed to the
Department, to inquire into any alleged | ||||||
20 | misconduct by employees
or committed persons, and to | ||||||
21 | investigate the assets
of committed persons to implement | ||||||
22 | Section 3-7-6 of this Code; and for
these purposes it may | ||||||
23 | issue subpoenas and compel the attendance of witnesses
and | ||||||
24 | the production of writings and papers, and may examine | ||||||
25 | under oath any
witnesses who may appear before it; to also | ||||||
26 | investigate alleged violations
of a parolee's or | ||||||
27 | releasee's conditions of parole or release; and for this
| ||||||
28 | purpose it may issue subpoenas and compel the attendance of | ||||||
29 | witnesses and
the production of documents only if there is | ||||||
30 | reason to believe that such
procedures would provide | ||||||
31 | evidence that such violations have occurred.
| ||||||
32 | If any person fails to obey a subpoena issued under | ||||||
33 | this subsection,
the Director may apply to any circuit | ||||||
34 | court to secure compliance with the
subpoena. The failure | ||||||
35 | to comply with the order of the court issued in
response | ||||||
36 | thereto shall be punishable as contempt of court.
|
| |||||||
| |||||||
1 | (i) To appoint and remove the chief administrative | ||||||
2 | officers, and
administer
programs of training and | ||||||
3 | development of personnel of the Department. Personnel
| ||||||
4 | assigned by the Department to be responsible for the
| ||||||
5 | custody and control of committed persons or to investigate | ||||||
6 | the alleged
misconduct of committed persons or employees or | ||||||
7 | alleged violations of a
parolee's or releasee's conditions | ||||||
8 | of parole shall be conservators of the peace
for those | ||||||
9 | purposes, and shall have the full power of peace officers | ||||||
10 | outside
of the facilities of the Department in the | ||||||
11 | protection, arrest, retaking
and reconfining of committed | ||||||
12 | persons or where the exercise of such power
is necessary to | ||||||
13 | the investigation of such misconduct or violations.
| ||||||
14 | (j) To cooperate with other departments and agencies | ||||||
15 | and with local
communities for the development of standards | ||||||
16 | and programs for better
correctional services in this | ||||||
17 | State.
| ||||||
18 | (k) To administer all moneys and properties of the | ||||||
19 | Department.
| ||||||
20 | (l) To report annually to the Governor on the committed
| ||||||
21 | persons, institutions and programs of the Department.
| ||||||
22 | (l-5) In a confidential annual report to the Governor, | ||||||
23 | the Department
shall
identify all inmate gangs by | ||||||
24 | specifying each current gang's name, population
and allied | ||||||
25 | gangs. The Department shall further specify the number of | ||||||
26 | top
leaders identified by the Department for each gang | ||||||
27 | during the past year, and
the measures taken by the | ||||||
28 | Department to segregate each leader from his or her
gang | ||||||
29 | and allied gangs. The Department shall further report the | ||||||
30 | current status
of leaders identified and segregated in | ||||||
31 | previous years. All leaders described
in the report shall | ||||||
32 | be identified by inmate number or other designation to
| ||||||
33 | enable tracking, auditing, and verification without | ||||||
34 | revealing the names of the
leaders. Because this report | ||||||
35 | contains law enforcement intelligence information
| ||||||
36 | collected by the Department, the report is confidential and |
| |||||||
| |||||||
1 | not subject to
public disclosure.
| ||||||
2 | (m) To make all rules and regulations and exercise all | ||||||
3 | powers and duties
vested by law in the Department.
| ||||||
4 | (n) To establish rules and regulations for | ||||||
5 | administering a system of
good conduct credits, | ||||||
6 | established in accordance with Section 3-6-3, subject
to | ||||||
7 | review by the Prisoner Review Board.
| ||||||
8 | (o) To administer the distribution of funds
from the | ||||||
9 | State Treasury to reimburse counties where State penal
| ||||||
10 | institutions are located for the payment of assistant | ||||||
11 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
12 | Counties Code.
| ||||||
13 | (p) To exchange information with the Department of | ||||||
14 | Human Services and the
Illinois Department of Healthcare | ||||||
15 | and Family Services
Public Aid
for the purpose of verifying | ||||||
16 | living arrangements and for other purposes
directly | ||||||
17 | connected with the administration of this Code and the | ||||||
18 | Illinois
Public Aid Code.
| ||||||
19 | (q) To establish a diversion program.
| ||||||
20 | The program shall provide a structured environment for | ||||||
21 | selected
technical parole or mandatory supervised release | ||||||
22 | violators and committed
persons who have violated the rules | ||||||
23 | governing their conduct while in work
release. This program | ||||||
24 | shall not apply to those persons who have committed
a new | ||||||
25 | offense while serving on parole or mandatory supervised | ||||||
26 | release or
while committed to work release.
| ||||||
27 | Elements of the program shall include, but shall not be | ||||||
28 | limited to, the
following:
| ||||||
29 | (1) The staff of a diversion facility shall provide | ||||||
30 | supervision in
accordance with required objectives set | ||||||
31 | by the facility.
| ||||||
32 | (2) Participants shall be required to maintain | ||||||
33 | employment.
| ||||||
34 | (3) Each participant shall pay for room and board | ||||||
35 | at the facility on a
sliding-scale basis according to | ||||||
36 | the participant's income.
|
| |||||||
| |||||||
1 | (4) Each participant shall:
| ||||||
2 | (A) provide restitution to victims in | ||||||
3 | accordance with any court order;
| ||||||
4 | (B) provide financial support to his | ||||||
5 | dependents; and
| ||||||
6 | (C) make appropriate payments toward any other | ||||||
7 | court-ordered
obligations.
| ||||||
8 | (5) Each participant shall complete community | ||||||
9 | service in addition to
employment.
| ||||||
10 | (6) Participants shall take part in such | ||||||
11 | counseling, educational and
other programs as the | ||||||
12 | Department may deem appropriate.
| ||||||
13 | (7) Participants shall submit to drug and alcohol | ||||||
14 | screening.
| ||||||
15 | (8) The Department shall promulgate rules | ||||||
16 | governing the administration
of the program.
| ||||||
17 | (r) To enter into intergovernmental cooperation | ||||||
18 | agreements under which
persons in the custody of the | ||||||
19 | Department may participate in a county impact
| ||||||
20 | incarceration program established under Section 3-6038 or | ||||||
21 | 3-15003.5 of the
Counties Code.
| ||||||
22 | (r-5) (Blank).
| ||||||
23 | (r-10) To systematically and routinely identify with | ||||||
24 | respect to each
streetgang active within the correctional | ||||||
25 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
26 | affiliation or alliance; and (3) the current leaders
in | ||||||
27 | each gang. The Department shall promptly segregate leaders | ||||||
28 | from inmates who
belong to their gangs and allied gangs. | ||||||
29 | "Segregate" means no physical contact
and, to the extent | ||||||
30 | possible under the conditions and space available at the
| ||||||
31 | correctional facility, prohibition of visual and sound | ||||||
32 | communication. For the
purposes of this paragraph (r-10), | ||||||
33 | "leaders" means persons who:
| ||||||
34 | (i) are members of a criminal streetgang;
| ||||||
35 | (ii) with respect to other individuals within the | ||||||
36 | streetgang, occupy a
position of organizer, |
| |||||||
| |||||||
1 | supervisor, or other position of management or
| ||||||
2 | leadership; and
| ||||||
3 | (iii) are actively and personally engaged in | ||||||
4 | directing, ordering,
authorizing, or requesting | ||||||
5 | commission of criminal acts by others, which are
| ||||||
6 | punishable as a felony, in furtherance of streetgang | ||||||
7 | related activity both
within and outside of the | ||||||
8 | Department of Corrections.
| ||||||
9 | "Streetgang", "gang", and "streetgang related" have the | ||||||
10 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
11 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
12 | (s) To operate a super-maximum security institution, | ||||||
13 | in order to
manage and
supervise inmates who are disruptive | ||||||
14 | or dangerous and provide for the safety
and security of the | ||||||
15 | staff and the other inmates.
| ||||||
16 | (t) To monitor any unprivileged conversation or any | ||||||
17 | unprivileged
communication, whether in person or by mail, | ||||||
18 | telephone, or other means,
between an inmate who, before | ||||||
19 | commitment to the Department, was a member of an
organized | ||||||
20 | gang and any other person without the need to show cause or | ||||||
21 | satisfy
any other requirement of law before beginning the | ||||||
22 | monitoring, except as
constitutionally required. The | ||||||
23 | monitoring may be by video, voice, or other
method of | ||||||
24 | recording or by any other means. As used in this | ||||||
25 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
26 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
27 | Terrorism Omnibus Prevention Act.
| ||||||
28 | As used in this subdivision (1)(t), "unprivileged | ||||||
29 | conversation" or
"unprivileged communication" means a | ||||||
30 | conversation or communication that is not
protected by any | ||||||
31 | privilege recognized by law or by decision, rule, or order | ||||||
32 | of
the Illinois Supreme Court.
| ||||||
33 | (u) To establish a Women's and Children's Pre-release | ||||||
34 | Community
Supervision
Program for the purpose of providing | ||||||
35 | housing and services to eligible female
inmates, as | ||||||
36 | determined by the Department, and their newborn and young
|
| |||||||
| |||||||
1 | children.
| ||||||
2 | (v) To do all other acts necessary to carry out the | ||||||
3 | provisions
of this Chapter.
| ||||||
4 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
5 | consider
building and operating a correctional facility within | ||||||
6 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
7 | a facility designed to house juvenile
participants in the | ||||||
8 | impact incarceration program.
| ||||||
9 | (3) When the Department lets bids for contracts for medical
| ||||||
10 | services to be provided to persons committed to Department | ||||||
11 | facilities by
a health maintenance organization, medical | ||||||
12 | service corporation, or other
health care provider, the bid may | ||||||
13 | only be let to a health care provider
that has obtained an | ||||||
14 | irrevocable letter of credit or performance bond
issued by a | ||||||
15 | company whose bonds are rated AAA by a bond rating
| ||||||
16 | organization.
| ||||||
17 | (4) When the Department lets bids for
contracts for food or | ||||||
18 | commissary services to be provided to
Department facilities, | ||||||
19 | the bid may only be let to a food or commissary
services | ||||||
20 | provider that has obtained an irrevocable letter of
credit or | ||||||
21 | performance bond issued by a company whose bonds are rated
AAA | ||||||
22 | by a bond rating organization.
| ||||||
23 | (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; | ||||||
24 | revised 12-15-05.)
| ||||||
25 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
26 | Sec. 5-5-5. Loss and Restoration of Rights.
| ||||||
27 | (a) Conviction and disposition shall not entail the loss by | ||||||
28 | the
defendant of any civil rights, except under this Section | ||||||
29 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
30 | hereafter amended.
| ||||||
31 | (b) A person convicted of a felony shall be ineligible to | ||||||
32 | hold an office
created by the Constitution of this State until | ||||||
33 | the completion of his sentence.
| ||||||
34 | (c) A person sentenced to imprisonment shall lose his right | ||||||
35 | to vote
until released from imprisonment.
|
| |||||||
| |||||||
1 | (d) On completion of sentence of imprisonment or upon | ||||||
2 | discharge from
probation, conditional discharge or periodic | ||||||
3 | imprisonment, or at any time
thereafter, all license rights and | ||||||
4 | privileges
granted under the authority of this State which have | ||||||
5 | been revoked or
suspended because of conviction of an offense | ||||||
6 | shall be restored unless the
authority having jurisdiction of | ||||||
7 | such license rights finds after
investigation and hearing that | ||||||
8 | restoration is not in the public interest.
This paragraph (d) | ||||||
9 | shall not apply to the suspension or revocation of a
license to | ||||||
10 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
11 | (e) Upon a person's discharge from incarceration or parole, | ||||||
12 | or upon a
person's discharge from probation or at any time | ||||||
13 | thereafter, the committing
court may enter an order certifying | ||||||
14 | that the sentence has been
satisfactorily completed when the | ||||||
15 | court believes it would assist in the
rehabilitation of the | ||||||
16 | person and be consistent with the public welfare.
Such order | ||||||
17 | may be entered upon the motion of the defendant or the State or
| ||||||
18 | upon the court's own motion.
| ||||||
19 | (f) Upon entry of the order, the court shall issue to the | ||||||
20 | person in
whose favor the order has been entered a certificate | ||||||
21 | stating that his
behavior after conviction has warranted the | ||||||
22 | issuance of the order.
| ||||||
23 | (g) This Section shall not affect the right of a defendant | ||||||
24 | to
collaterally attack his conviction or to rely on it in bar | ||||||
25 | of subsequent
proceedings for the same offense.
| ||||||
26 | (h) No application for any license specified in subsection | ||||||
27 | (i) of this
Section granted under the
authority of this State | ||||||
28 | shall be denied by reason of an eligible offender who
has | ||||||
29 | obtained a certificate of relief from disabilities, as
defined | ||||||
30 | in Article 5.5 of this Chapter, having been previously | ||||||
31 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
32 | finding of lack of "good moral
character" when the finding is | ||||||
33 | based upon the fact that the applicant has
previously been | ||||||
34 | convicted of one or more criminal offenses, unless:
| ||||||
35 | (1) there is a direct relationship between one or more | ||||||
36 | of the previous
criminal offenses and the specific license |
| |||||||
| |||||||
1 | sought; or
| ||||||
2 | (2) the issuance of the license would
involve an | ||||||
3 | unreasonable risk to property or to the safety or welfare | ||||||
4 | of
specific individuals or the general public.
| ||||||
5 | In making such a determination, the licensing agency shall | ||||||
6 | consider the
following factors:
| ||||||
7 | (1) the public policy of this State, as expressed in | ||||||
8 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
9 | employment of persons previously
convicted of one or more | ||||||
10 | criminal offenses;
| ||||||
11 | (2) the specific duties and responsibilities | ||||||
12 | necessarily related to the
license being sought;
| ||||||
13 | (3) the bearing, if any, the criminal offenses or | ||||||
14 | offenses for which the
person
was previously convicted will | ||||||
15 | have on his or her fitness or ability to perform
one or
| ||||||
16 | more such duties and responsibilities;
| ||||||
17 | (4) the time which has elapsed since the occurrence of | ||||||
18 | the criminal
offense or offenses;
| ||||||
19 | (5) the age of the person at the time of occurrence of | ||||||
20 | the criminal
offense or offenses;
| ||||||
21 | (6) the seriousness of the offense or offenses;
| ||||||
22 | (7) any information produced by the person or produced | ||||||
23 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
24 | and good conduct, including a certificate
of relief from | ||||||
25 | disabilities issued to the applicant, which certificate | ||||||
26 | shall
create a presumption of rehabilitation in regard to | ||||||
27 | the offense or offenses
specified in the certificate; and
| ||||||
28 | (8) the legitimate interest of the licensing agency in | ||||||
29 | protecting
property, and
the safety and welfare of specific | ||||||
30 | individuals or the general public.
| ||||||
31 | (i) A certificate of relief from disabilities shall be | ||||||
32 | issued only
for a
license or certification issued under the | ||||||
33 | following Acts:
| ||||||
34 | (1) the Animal Welfare Act; except that a certificate | ||||||
35 | of relief from
disabilities may not be granted
to provide | ||||||
36 | for
the
issuance or restoration of a license under the |
| |||||||
| |||||||
1 | Animal Welfare Act for any
person convicted of violating | ||||||
2 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
3 | Care for Animals Act or Section 26-5 of the Criminal Code | ||||||
4 | of
1961;
| ||||||
5 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
6 | (3) the Barber, Cosmetology, Esthetics, and Nail | ||||||
7 | Technology Act of 1985;
| ||||||
8 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
9 | Act;
| ||||||
10 | (5) the Professional Boxing Act;
| ||||||
11 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
12 | 1984;
| ||||||
13 | (7) the Illinois Farm Labor Contractor Certification | ||||||
14 | Act;
| ||||||
15 | (8) the Interior Design Title Act;
| ||||||
16 | (9) the Illinois Professional Land Surveyor Act of | ||||||
17 | 1989;
| ||||||
18 | (10) the Illinois Landscape Architecture Act of 1989;
| ||||||
19 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
20 | (12) the Private Employment Agency Act;
| ||||||
21 | (13) the Professional Counselor and Clinical | ||||||
22 | Professional Counselor
Licensing
Act;
| ||||||
23 | (14) the Real Estate License Act of 2000;
| ||||||
24 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
25 | (16) the Professional Engineering Practice Act of | ||||||
26 | 1989; | ||||||
27 | (17) the Water Well and Pump Installation Contractor's | ||||||
28 | License Act; and | ||||||
29 | (18) the Electrologist Licensing Act ; .
| ||||||
30 | (19) the Auction License Act; | ||||||
31 | (20) Illinois Architecture Practice Act of 1989; | ||||||
32 | (21) the Dietetic and Nutrition Services Practice Act; | ||||||
33 | (22) the Environmental Health Practitioner Licensing | ||||||
34 | Act; | ||||||
35 | (23) the Funeral Directors and Embalmers Licensing | ||||||
36 | Code; |
| |||||||
| |||||||
1 | (24) the Land Sales Registration Act of 1999; | ||||||
2 | (25) the Professional Geologist Licensing Act; | ||||||
3 | (26) the Illinois Public Accounting Act; and | ||||||
4 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
5 | (Source: P.A. 93-207, eff. 1-1-04; 93-914, eff. 1-1-05.)
| ||||||
6 | (730 ILCS 5/5-5.5-5)
| ||||||
7 | Sec. 5-5.5-5. Definitions and rules of construction. In | ||||||
8 | this Article:
| ||||||
9 | "Eligible offender" means a person who has been
convicted | ||||||
10 | of a crime or of an offense that is not a crime of violence as
| ||||||
11 | defined in Section 2 of the Crime Victims Compensation Act, a | ||||||
12 | Class X or
a nonprobationable offense, or a violation of | ||||||
13 | Article 11 or Article 12 of the
Criminal Code of 1961, but who | ||||||
14 | has not been convicted more than twice
once of a
felony.
| ||||||
15 | "Felony" means a conviction of a felony in this State, or
| ||||||
16 | of an offense in any other jurisdiction for which a sentence to | ||||||
17 | a
term of imprisonment in excess of one year, was authorized.
| ||||||
18 | For the purposes of this Article the following rules of | ||||||
19 | construction apply:
| ||||||
20 | (i) two or more convictions of felonies charged in | ||||||
21 | separate counts of one
indictment or information shall be | ||||||
22 | deemed to be one conviction;
| ||||||
23 | (ii) two or more convictions of felonies charged in 2 | ||||||
24 | or more indictments
or informations, filed in the same | ||||||
25 | court prior to entry of judgment under any
of them, shall | ||||||
26 | be deemed to be one conviction; and
| ||||||
27 | (iii) a plea or a verdict of guilty upon which a | ||||||
28 | sentence
of probation, conditional discharge, or | ||||||
29 | supervision
has been imposed shall be deemed to be a | ||||||
30 | conviction.
| ||||||
31 | (Source: P.A. 93-207, eff. 1-1-04.)
| ||||||
32 | Section 95. No acceleration or delay. Where this Act makes | ||||||
33 | changes in a statute that is represented in this Act by text | ||||||
34 | that is not yet or no longer in effect (for example, a Section |
| |||||||
| |||||||
1 | represented by multiple versions), the use of that text does | ||||||
2 | not accelerate or delay the taking effect of (i) the changes | ||||||
3 | made by this Act or (ii) provisions derived from any other | ||||||
4 | Public Act.
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law. |