95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1417

 

Introduced 2/9/2007, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/100-1   from Ch. 38, par. 100-1
730 ILCS 5/3-2-5   from Ch. 38, par. 1003-2-5

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title. Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the organization of the Department of Corrections.


LRB095 11038 RLC 31358 b

 

 

A BILL FOR

 

SB1417 LRB095 11038 RLC 31358 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 100-1 as follows:
 
6     (725 ILCS 5/100-1)  (from Ch. 38, par. 100-1)
7     Sec. 100-1. Short title.
8     This Act shall be known and and may be cited as the "Code
9 of Criminal Procedure of 1963".
10 (Source: Laws 1963, p. 2836.)
 
11     Section 10. The Unified Code of Corrections is amended by
12 changing Section 3-2-5 as follows:
 
13     (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)
14     Sec. 3-2-5. Organization of the Department of Corrections
15 and the Department of Juvenile Justice.
16     (a) There shall be an Adult Division within the the
17 Department which shall be administered by an Assistant Director
18 appointed by the Governor under The Civil Administrative Code
19 of Illinois. The Assistant Director shall be under the
20 direction of the Director. The Adult Division shall be
21 responsible for all persons committed or transferred to the

 

 

SB1417 - 2 - LRB095 11038 RLC 31358 b

1 Department under Sections 3-10-7 or 5-8-6 of this Code.
2     (b) There shall be a Department of Juvenile Justice which
3 shall be administered by a Director appointed by the Governor
4 under the Civil Administrative Code of Illinois. The Department
5 of Juvenile Justice shall be responsible for all persons under
6 17 years of age when sentenced to imprisonment and committed to
7 the Department under subsection (c) of Section 5-8-6 of this
8 Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
9 of the Juvenile Court Act of 1987. Persons under 17 years of
10 age committed to the Department of Juvenile Justice pursuant to
11 this Code shall be sight and sound separate from adult
12 offenders committed to the Department of Corrections.
13     (c) The Department shall create a gang intelligence unit
14 under the supervision of the Director. The unit shall be
15 specifically designed to gather information regarding the
16 inmate gang population, monitor the activities of gangs, and
17 prevent the furtherance of gang activities through the
18 development and implementation of policies aimed at deterring
19 gang activity. The Director shall appoint a Corrections
20 Intelligence Coordinator.
21     All information collected and maintained by the unit shall
22 be highly confidential, and access to that information shall be
23 restricted by the Department. The information shall be used to
24 control and limit the activities of gangs within correctional
25 institutions under the jurisdiction of the Illinois Department
26 of Corrections and may be shared with other law enforcement

 

 

SB1417 - 3 - LRB095 11038 RLC 31358 b

1 agencies in order to curb gang activities outside of
2 correctional institutions under the jurisdiction of the
3 Department and to assist in the investigations and prosecutions
4 of gang activity. The Department shall establish and promulgate
5 rules governing the release of information to outside law
6 enforcement agencies. Due to the highly sensitive nature of the
7 information, the information is exempt from requests for
8 disclosure under the Freedom of Information Act as the
9 information contained is highly confidential and may be harmful
10 if disclosed.
11     The Department shall file an annual report with the General
12 Assembly on the profile of the inmate population associated
13 with gangs, gang-related activity within correctional
14 institutions under the jurisdiction of the Department, and an
15 overall status of the unit as it relates to its function and
16 performance.
17 (Source: P.A. 94-696, eff. 6-1-06.)