97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2944

 

Introduced 2/1/2012, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 5/5-335  was 20 ILCS 5/9.11a
705 ILCS 405/1-7  from Ch. 37, par. 801-7
730 ILCS 5/3-2-5  from Ch. 38, par. 1003-2-5
730 ILCS 5/3-2-9  from Ch. 38, par. 1003-2-9
730 ILCS 5/3-3-4  from Ch. 38, par. 1003-3-4
730 ILCS 5/3-4-3  from Ch. 38, par. 1003-4-3
730 ILCS 5/3-5-3.1  from Ch. 38, par. 1003-5-3.1
730 ILCS 5/3-6-4  from Ch. 38, par. 1003-6-4
730 ILCS 5/3-8-7  from Ch. 38, par. 1003-8-7
730 ILCS 5/3-10-7  from Ch. 38, par. 1003-10-7
730 ILCS 5/3-13-4  from Ch. 38, par. 1003-13-4

    Amends the Civil Administrative Code of Illinois, the Juvenile Court Act of 1987, and the Unified Code of Corrections. Eliminates references to the Adult Division of the Department of Corrections. Changes those references to the Department of Corrections. Effective immediately.


LRB097 14649 RLC 59537 b

 

 

A BILL FOR

 

SB2944LRB097 14649 RLC 59537 b

1    AN ACT concerning corrections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Section 5-335 as follows:
 
6    (20 ILCS 5/5-335)  (was 20 ILCS 5/9.11a)
7    Sec. 5-335. In the Department of Corrections. The Director
8of Corrections shall receive an annual salary as set by the
9Compensation Review Board.
10    The Assistant Director of Corrections Corrections - Adult
11Division shall receive an annual salary as set by the
12Compensation Review Board.
13(Source: P.A. 96-800, eff. 10-30-09.)
 
14    Section 10. The Juvenile Court Act of 1987 is amended by
15changing Section 1-7 as follows:
 
16    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
17    Sec. 1-7. Confidentiality of law enforcement records.
18    (A) Inspection and copying of law enforcement records
19maintained by law enforcement agencies that relate to a minor
20who has been arrested or taken into custody before his or her
2117th birthday shall be restricted to the following:

 

 

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1        (1) Any local, State or federal law enforcement
2    officers of any jurisdiction or agency when necessary for
3    the discharge of their official duties during the
4    investigation or prosecution of a crime or relating to a
5    minor who has been adjudicated delinquent and there has
6    been a previous finding that the act which constitutes the
7    previous offense was committed in furtherance of criminal
8    activities by a criminal street gang, or, when necessary
9    for the discharge of its official duties in connection with
10    a particular investigation of the conduct of a law
11    enforcement officer, an independent agency or its staff
12    created by ordinance and charged by a unit of local
13    government with the duty of investigating the conduct of
14    law enforcement officers. For purposes of this Section,
15    "criminal street gang" has the meaning ascribed to it in
16    Section 10 of the Illinois Streetgang Terrorism Omnibus
17    Prevention Act.
18        (2) Prosecutors, probation officers, social workers,
19    or other individuals assigned by the court to conduct a
20    pre-adjudication or pre-disposition investigation, and
21    individuals responsible for supervising or providing
22    temporary or permanent care and custody for minors pursuant
23    to the order of the juvenile court, when essential to
24    performing their responsibilities.
25        (3) Prosecutors and probation officers:
26            (a) in the course of a trial when institution of

 

 

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1        criminal proceedings has been permitted or required
2        under Section 5-805; or
3            (b) when institution of criminal proceedings has
4        been permitted or required under Section 5-805 and such
5        minor is the subject of a proceeding to determine the
6        amount of bail; or
7            (c) when criminal proceedings have been permitted
8        or required under Section 5-805 and such minor is the
9        subject of a pre-trial investigation, pre-sentence
10        investigation, fitness hearing, or proceedings on an
11        application for probation.
12        (4) Adult and Juvenile Prisoner Review Board.
13        (5) Authorized military personnel.
14        (6) Persons engaged in bona fide research, with the
15    permission of the Presiding Judge of the Juvenile Court and
16    the chief executive of the respective law enforcement
17    agency; provided that publication of such research results
18    in no disclosure of a minor's identity and protects the
19    confidentiality of the minor's record.
20        (7) Department of Children and Family Services child
21    protection investigators acting in their official
22    capacity.
23        (8) The appropriate school official. Inspection and
24    copying shall be limited to law enforcement records
25    transmitted to the appropriate school official by a local
26    law enforcement agency under a reciprocal reporting system

 

 

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1    established and maintained between the school district and
2    the local law enforcement agency under Section 10-20.14 of
3    the School Code concerning a minor enrolled in a school
4    within the school district who has been arrested or taken
5    into custody for any of the following offenses:
6            (i) unlawful use of weapons under Section 24-1 of
7        the Criminal Code of 1961;
8            (ii) a violation of the Illinois Controlled
9        Substances Act;
10            (iii) a violation of the Cannabis Control Act;
11            (iv) a forcible felony as defined in Section 2-8 of
12        the Criminal Code of 1961; or
13            (v) a violation of the Methamphetamine Control and
14        Community Protection Act.
15        (9) Mental health professionals on behalf of the
16    Illinois Department of Corrections or the Department of
17    Human Services or prosecutors who are evaluating,
18    prosecuting, or investigating a potential or actual
19    petition brought under the Sexually Violent Persons
20    Commitment Act relating to a person who is the subject of
21    juvenile law enforcement records or the respondent to a
22    petition brought under the Sexually Violent Persons
23    Commitment Act who is the subject of the juvenile law
24    enforcement records sought. Any records and any
25    information obtained from those records under this
26    paragraph (9) may be used only in sexually violent persons

 

 

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1    commitment proceedings.
2    (B) (1) Except as provided in paragraph (2), no law
3    enforcement officer or other person or agency may knowingly
4    transmit to the Department of Corrections, Adult Division
5    or the Department of State Police or to the Federal Bureau
6    of Investigation any fingerprint or photograph relating to
7    a minor who has been arrested or taken into custody before
8    his or her 17th birthday, unless the court in proceedings
9    under this Act authorizes the transmission or enters an
10    order under Section 5-805 permitting or requiring the
11    institution of criminal proceedings.
12        (2) Law enforcement officers or other persons or
13    agencies shall transmit to the Department of State Police
14    copies of fingerprints and descriptions of all minors who
15    have been arrested or taken into custody before their 17th
16    birthday for the offense of unlawful use of weapons under
17    Article 24 of the Criminal Code of 1961, a Class X or Class
18    1 felony, a forcible felony as defined in Section 2-8 of
19    the Criminal Code of 1961, or a Class 2 or greater felony
20    under the Cannabis Control Act, the Illinois Controlled
21    Substances Act, the Methamphetamine Control and Community
22    Protection Act, or Chapter 4 of the Illinois Vehicle Code,
23    pursuant to Section 5 of the Criminal Identification Act.
24    Information reported to the Department pursuant to this
25    Section may be maintained with records that the Department
26    files pursuant to Section 2.1 of the Criminal

 

 

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1    Identification Act. Nothing in this Act prohibits a law
2    enforcement agency from fingerprinting a minor taken into
3    custody or arrested before his or her 17th birthday for an
4    offense other than those listed in this paragraph (2).
5    (C) The records of law enforcement officers, or of an
6independent agency created by ordinance and charged by a unit
7of local government with the duty of investigating the conduct
8of law enforcement officers, concerning all minors under 17
9years of age must be maintained separate from the records of
10arrests and may not be open to public inspection or their
11contents disclosed to the public except by order of the court
12presiding over matters pursuant to this Act or when the
13institution of criminal proceedings has been permitted or
14required under Section 5-805 or such a person has been
15convicted of a crime and is the subject of pre-sentence
16investigation or proceedings on an application for probation or
17when provided by law. For purposes of obtaining documents
18pursuant to this Section, a civil subpoena is not an order of
19the court.
20        (1) In cases where the law enforcement, or independent
21    agency, records concern a pending juvenile court case, the
22    party seeking to inspect the records shall provide actual
23    notice to the attorney or guardian ad litem of the minor
24    whose records are sought.
25        (2) In cases where the records concern a juvenile court
26    case that is no longer pending, the party seeking to

 

 

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1    inspect the records shall provide actual notice to the
2    minor or the minor's parent or legal guardian, and the
3    matter shall be referred to the chief judge presiding over
4    matters pursuant to this Act.
5        (3) In determining whether the records should be
6    available for inspection, the court shall consider the
7    minor's interest in confidentiality and rehabilitation
8    over the moving party's interest in obtaining the
9    information. Any records obtained in violation of this
10    subsection (C) shall not be admissible in any criminal or
11    civil proceeding, or operate to disqualify a minor from
12    subsequently holding public office or securing employment,
13    or operate as a forfeiture of any public benefit, right,
14    privilege, or right to receive any license granted by
15    public authority.
16    (D) Nothing contained in subsection (C) of this Section
17shall prohibit the inspection or disclosure to victims and
18witnesses of photographs contained in the records of law
19enforcement agencies when the inspection and disclosure is
20conducted in the presence of a law enforcement officer for the
21purpose of the identification or apprehension of any person
22subject to the provisions of this Act or for the investigation
23or prosecution of any crime.
24    (E) Law enforcement officers, and personnel of an
25independent agency created by ordinance and charged by a unit
26of local government with the duty of investigating the conduct

 

 

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1of law enforcement officers, may not disclose the identity of
2any minor in releasing information to the general public as to
3the arrest, investigation or disposition of any case involving
4a minor.
5    (F) Nothing contained in this Section shall prohibit law
6enforcement agencies from communicating with each other by
7letter, memorandum, teletype or intelligence alert bulletin or
8other means the identity or other relevant information
9pertaining to a person under 17 years of age if there are
10reasonable grounds to believe that the person poses a real and
11present danger to the safety of the public or law enforcement
12officers. The information provided under this subsection (F)
13shall remain confidential and shall not be publicly disclosed,
14except as otherwise allowed by law.
15    (G) Nothing in this Section shall prohibit the right of a
16Civil Service Commission or appointing authority of any state,
17county or municipality examining the character and fitness of
18an applicant for employment with a law enforcement agency,
19correctional institution, or fire department from obtaining
20and examining the records of any law enforcement agency
21relating to any record of the applicant having been arrested or
22taken into custody before the applicant's 17th birthday.
23(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
 
24    Section 15. The Unified Code of Corrections is amended by
25changing Sections 3-2-5, 3-2-9, 3-3-4, 3-4-3, 3-5-3.1, 3-6-4,

 

 

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13-8-7, 3-10-7, and 3-13-4 as follows:
 
2    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)
3    Sec. 3-2-5. Organization of the Department of Corrections
4and the Department of Juvenile Justice.
5    (a) There shall be a an Adult Division within the
6Department of Corrections which shall be administered by a
7Director and an Assistant Director appointed by the Governor
8under The Civil Administrative Code of Illinois. The Assistant
9Director shall be under the direction of the Director. The
10Department of Corrections Adult Division shall be responsible
11for all persons committed or transferred to the Department
12under Sections 3-10-7 or 5-8-6 of this Code.
13    (b) There shall be a Department of Juvenile Justice which
14shall be administered by a Director appointed by the Governor
15under the Civil Administrative Code of Illinois. The Department
16of Juvenile Justice shall be responsible for all persons under
1717 years of age when sentenced to imprisonment and committed to
18the Department under subsection (c) of Section 5-8-6 of this
19Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
20of the Juvenile Court Act of 1987. Persons under 17 years of
21age committed to the Department of Juvenile Justice pursuant to
22this Code shall be sight and sound separate from adult
23offenders committed to the Department of Corrections.
24    (c) The Department shall create a gang intelligence unit
25under the supervision of the Director. The unit shall be

 

 

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1specifically designed to gather information regarding the
2inmate gang population, monitor the activities of gangs, and
3prevent the furtherance of gang activities through the
4development and implementation of policies aimed at deterring
5gang activity. The Director shall appoint a Corrections
6Intelligence Coordinator.
7    All information collected and maintained by the unit shall
8be highly confidential, and access to that information shall be
9restricted by the Department. The information shall be used to
10control and limit the activities of gangs within correctional
11institutions under the jurisdiction of the Illinois Department
12of Corrections and may be shared with other law enforcement
13agencies in order to curb gang activities outside of
14correctional institutions under the jurisdiction of the
15Department and to assist in the investigations and prosecutions
16of gang activity. The Department shall establish and promulgate
17rules governing the release of information to outside law
18enforcement agencies. Due to the highly sensitive nature of the
19information, the information is exempt from requests for
20disclosure under the Freedom of Information Act as the
21information contained is highly confidential and may be harmful
22if disclosed.
23    The Department shall file an annual report with the General
24Assembly on the profile of the inmate population associated
25with gangs, gang-related activity within correctional
26institutions under the jurisdiction of the Department, and an

 

 

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1overall status of the unit as it relates to its function and
2performance.
3(Source: P.A. 94-696, eff. 6-1-06.)
 
4    (730 ILCS 5/3-2-9)  (from Ch. 38, par. 1003-2-9)
5    Sec. 3-2-9. Each fiscal year, the Department shall prepare
6and submit to the clerk of the circuit court a financial impact
7statement that includes the estimated annual and monthly cost
8of incarcerating an individual in a Department facility and the
9estimated construction cost per bed. The estimated annual cost
10of incarcerating an individual in a Department facility shall
11be derived by taking the annual expenditures of Department of
12Corrections Adult Division facilities and all administrative
13costs and dividing the sum of these factors by the average
14annual inmate population of the facilities. All statements
15shall be made available to the public for inspection and
16copying.
17(Source: P.A. 87-417.)
 
18    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
19    Sec. 3-3-4. Preparation for Parole Hearing.
20    (a) The Prisoner Review Board shall consider the parole of
21each eligible person committed to the Department of Corrections
22Adult Division at least 30 days prior to the date he shall
23first become eligible for parole, and shall consider the parole
24of each person committed to the Department of Juvenile Justice

 

 

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1as a delinquent at least 30 days prior to the expiration of the
2first year of confinement.
3    (b) A person eligible for parole shall, no less than 15
4days in advance of his parole interview, prepare a parole plan
5in accordance with the rules of the Prisoner Review Board. The
6person shall be assisted in preparing his parole plan by
7personnel of the Department of Corrections, or the Department
8of Juvenile Justice in the case of a person committed to that
9Department, and may, for this purpose, be released on furlough
10under Article 11 or on authorized absence under Section 3-9-4.
11The appropriate Department shall also provide assistance in
12obtaining information and records helpful to the individual for
13his parole hearing. If the person eligible for parole has a
14petition or any written submissions prepared on his or her
15behalf by an attorney or other representative, the attorney or
16representative for the person eligible for parole must serve by
17certified mail the State's Attorney of the county where he or
18she was prosecuted with the petition or any written submissions
1915 days after his or her parole interview. The State's Attorney
20shall provide the attorney for the person eligible for parole
21with a copy of his or her letter in opposition to parole via
22certified mail within 5 business days of the en banc hearing.
23    (c) Any member of the Board shall have access at all
24reasonable times to any committed person and to his master
25record file within the Department, and the Department shall
26furnish such a report to the Board concerning the conduct and

 

 

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1character of any such person prior to his or her parole
2interview.
3    (d) In making its determination of parole, the Board shall
4consider:
5        (1) material transmitted to the Department of Juvenile
6    Justice by the clerk of the committing court under Section
7    5-4-1 or Section 5-10 of the Juvenile Court Act or Section
8    5-750 of the Juvenile Court Act of 1987;
9        (2) the report under Section 3-8-2 or 3-10-2;
10        (3) a report by the Department and any report by the
11    chief administrative officer of the institution or
12    facility;
13        (4) a parole progress report;
14        (5) a medical and psychological report, if requested by
15    the Board;
16        (6) material in writing, or on film, video tape or
17    other electronic means in the form of a recording submitted
18    by the person whose parole is being considered; and
19        (7) material in writing, or on film, video tape or
20    other electronic means in the form of a recording or
21    testimony submitted by the State's Attorney and the victim
22    or a concerned citizen pursuant to the Rights of Crime
23    Victims and Witnesses Act.
24    (e) The prosecuting State's Attorney's office shall
25receive from the Board reasonable written notice not less than
2630 days prior to the parole interview and may submit relevant

 

 

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1information by oral argument or testimony of victims and
2concerned citizens, or both, in writing, or on film, video tape
3or other electronic means or in the form of a recording to the
4Board for its consideration. Upon written request of the
5State's Attorney's office, the Prisoner Review Board shall hear
6protests to parole, except in counties of 1,500,000 or more
7inhabitants where there shall be standing objections to all
8such petitions. If a State's Attorney who represents a county
9of less than 1,500,000 inhabitants requests a protest hearing,
10the inmate's counsel or other representative shall also receive
11notice of such request. This hearing shall take place the month
12following the inmate's parole interview. If the inmate's parole
13interview is rescheduled then the Prisoner Review Board shall
14promptly notify the State's Attorney of the new date. The
15person eligible for parole shall be heard at the next scheduled
16en banc hearing date. If the case is to be continued, the
17State's Attorney's office and the attorney or representative
18for the person eligible for parole will be notified of any
19continuance within 5 business days. The State's Attorney may
20waive the written notice.
21    (f) The victim of the violent crime for which the prisoner
22has been sentenced shall receive notice of a parole hearing as
23provided in paragraph (4) of subsection (d) of Section 4.5 of
24the Rights of Crime Victims and Witnesses Act.
25    (g) Any recording considered under the provisions of
26subsection (d)(6), (d)(7) or (e) of this Section shall be in

 

 

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1the form designated by the Board. Such recording shall be both
2visual and aural. Every voice on the recording and person
3present shall be identified and the recording shall contain
4either a visual or aural statement of the person submitting
5such recording, the date of the recording and the name of the
6person whose parole eligibility is being considered. Such
7recordings shall be retained by the Board and shall be deemed
8to be submitted at any subsequent parole hearing if the victim
9or State's Attorney submits in writing a declaration clearly
10identifying such recording as representing the present
11position of the victim or State's Attorney regarding the issues
12to be considered at the parole hearing.
13    (h) The Board shall not release any material to the inmate,
14the inmate's attorney, any third party, or any other person
15containing any information from the victim or from a person
16related to the victim by blood, adoption, or marriage who has
17written objections, testified at any hearing, or submitted
18audio or visual objections to the inmate's parole, unless
19provided with a waiver from that objecting party.
20(Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
 
21    (730 ILCS 5/3-4-3)  (from Ch. 38, par. 1003-4-3)
22    Sec. 3-4-3. Funds and Property of Persons Committed.
23    (a) The Department of Corrections and the Department of
24Juvenile Justice shall establish accounting records with
25accounts for each person who has or receives money while in an

 

 

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1institution or facility of that Department and it shall allow
2the withdrawal and disbursement of money by the person under
3rules and regulations of that Department. Any interest or other
4income from moneys deposited with the Department by a resident
5of the Department of Juvenile Justice in excess of $200 shall
6accrue to the individual's account, or in balances up to $200
7shall accrue to the Residents' Benefit Fund. For an individual
8in an institution or facility of the Department of Corrections
9Adult Division the interest shall accrue to the Residents'
10Benefit Fund. The Department shall disburse all moneys so held
11no later than the person's final discharge from the Department.
12Moneys in the account of a committed person who files a lawsuit
13determined frivolous under Article XXII of the Code of Civil
14Procedure shall be deducted to pay for the filing fees and cost
15of the suit as provided in that Article. The Department shall
16under rules and regulations record and receipt all personal
17property not allowed to committed persons. The Department shall
18return such property to the individual no later than the
19person's release on parole.
20    (b) Any money held in accounts of committed persons
21separated from the Department by death, discharge, or
22unauthorized absence and unclaimed for a period of 1 year
23thereafter by the person or his legal representative shall be
24transmitted to the State Treasurer who shall deposit it into
25the General Revenue Fund. Articles of personal property of
26persons so separated may be sold or used by the Department if

 

 

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1unclaimed for a period of 1 year for the same purpose.
2Clothing, if unclaimed within 30 days, may be used or disposed
3of as determined by the Department.
4    (c) Forty percent of the profits on sales from commissary
5stores shall be expended by the Department for the special
6benefit of committed persons which shall include but not be
7limited to the advancement of inmate payrolls, for the special
8benefit of employees, and for the advancement or reimbursement
9of employee travel, provided that amounts expended for
10employees shall not exceed the amount of profits derived from
11sales made to employees by such commissaries, as determined by
12the Department. The remainder of the profits from sales from
13commissary stores must be used first to pay for wages and
14benefits of employees covered under a collective bargaining
15agreement who are employed at commissary facilities of the
16Department and then to pay the costs of dietary staff.
17    (d) The Department shall confiscate any unauthorized
18currency found in the possession of a committed person. The
19Department shall transmit the confiscated currency to the State
20Treasurer who shall deposit it into the General Revenue Fund.
21(Source: P.A. 93-607, eff. 1-1-04; 94-696, eff. 6-1-06.)
 
22    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
23    Sec. 3-5-3.1. As used in this Section, "facility" includes
24any facility of the Adult Division of the Department of
25Corrections and any facility of the Department of Juvenile

 

 

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1Justice.
2    The Department of Corrections and the Department of
3Juvenile Justice shall each, by January 1st, April 1st, July
41st, and October 1st of each year, transmit to the General
5Assembly, a report which shall include the following
6information reflecting the period ending fifteen days prior to
7the submission of the report: 1) the number of residents in all
8Department facilities indicating the number of residents in
9each listed facility; 2) a classification of each facility's
10residents by the nature of the offense for which each resident
11was committed to the Department; 3) the number of residents in
12maximum, medium, and minimum security facilities indicating
13the classification of each facility's residents by the nature
14of the offense for which each resident was committed to the
15Department; 4) the educational and vocational programs
16provided at each facility and the number of residents
17participating in each such program; 5) the present capacity
18levels in each facility; 6) the projected capacity of each
19facility six months and one year following each reporting date;
207) the ratio of the security guards to residents in each
21facility; 8) the ratio of total employees to residents in each
22facility; 9) the number of residents in each facility that are
23single-celled and the number in each facility that are
24double-celled; 10) information indicating the distribution of
25residents in each facility by the allocated floor space per
26resident; 11) a status of all capital projects currently funded

 

 

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1by the Department, location of each capital project, the
2projected on-line dates for each capital project, including
3phase-in dates and full occupancy dates; 12) the projected
4adult prison facility populations in respect to the Department
5of Corrections and the projected juvenile facility population
6with respect to the Department of Juvenile Justice for each of
7the succeeding twelve months following each reporting date,
8indicating all assumptions built into such population
9estimates; 13) the projected exits and projected admissions in
10each facility for each of the succeeding twelve months
11following each reporting date, indicating all assumptions
12built into such population estimate; and 14) the locations of
13all Department-operated or contractually operated community
14correctional centers, including the present capacity and
15population levels at each facility.
16(Source: P.A. 94-696, eff. 6-1-06.)
 
17    (730 ILCS 5/3-6-4)  (from Ch. 38, par. 1003-6-4)
18    Sec. 3-6-4. Enforcement of Discipline - Escape.
19    (a) A committed person who escapes or attempts to escape
20from an institution or facility of the Department of
21Corrections Adult Division, or escapes or attempts to escape
22while in the custody of an employee of the Department of
23Corrections Adult Division, or holds or participates in the
24holding of any person as a hostage by force, threat or
25violence, or while participating in any disturbance,

 

 

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1demonstration or riot, causes, directs or participates in the
2destruction of any property is guilty of a Class 2 felony. A
3committed person who fails to return from furlough or from work
4and day release is guilty of a Class 3 felony.
5    (b) If one or more committed persons injures or attempts to
6injure in a violent manner any employee, officer, guard, other
7peace officer or any other committed person or damages or
8attempts to damage any building or workshop, or any
9appurtenances thereof, or attempts to escape, or disobeys or
10resists any lawful command, the employees, officers, guards and
11other peace officers shall use all suitable means to defend
12themselves, to enforce the observance of discipline, to secure
13the persons of the offenders, and prevent such attempted
14violence or escape; and said employees, officers, guards, or
15other peace officers, or any of them, shall, in the attempt to
16prevent the escape of any such person, or in attempting to
17retake any such person who has escaped, or in attempting to
18prevent or suppress violence by a committed person against
19another person, a riot, revolt, mutiny or insurrection, be
20justified in the use of force, including force likely to cause
21death or great bodily harm under Section 7-8 of the Criminal
22Code of 1961 which he reasonably believed necessary.
23    As used in this Section, "committed person" includes a
24person held in detention in a secure facility or committed as a
25sexually violent person and held in a secure facility under the
26Sexually Violent Persons Commitment Act; and "peace officer"

 

 

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1means any officer or member of any duly organized State, county
2or municipal police unit or police force.
3    (c) The Department shall establish procedures to provide
4immediate notification of the escape of any person, as defined
5in subsection (a) of this Section, to the persons specified in
6subsection (c) of Section 3-14-1 of this Code.
7(Source: P.A. 90-793, eff. 8-14-98; 91-695, eff. 4-13-00.)
 
8    (730 ILCS 5/3-8-7)  (from Ch. 38, par. 1003-8-7)
9    Sec. 3-8-7. Disciplinary Procedures.)
10    (a) All disciplinary action shall be consistent with this
11Chapter. Rules of behavior and conduct, the penalties for
12violation thereof, and the disciplinary procedure by which such
13penalties may be imposed shall be available to committed
14persons.
15    (b)  (1) Corporal punishment and disciplinary restrictions
16    on diet, medical or sanitary facilities, mail or access to
17    legal materials are prohibited.
18        (2) (Blank).
19        (3) (Blank).
20    (c) Review of disciplinary action imposed under this
21Section shall be provided by means of the grievance procedure
22under Section 3-8-8. The Department shall provide a disciplined
23person with a review of his or her disciplinary action in a
24timely manner as required by law.
25    (d) All institutions and facilities of the Department of

 

 

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1Corrections Adult Division shall establish, subject to the
2approval of the Director, procedures for hearing disciplinary
3cases except those that may involve the imposition of
4disciplinary segregation and isolation; the loss of good time
5credit under Section 3-6-3 or eligibility to earn good time
6credit.
7    (e) In disciplinary cases which may involve the imposition
8of disciplinary segregation and isolation, the loss of good
9time credit or eligibility to earn good time credit, the
10Director shall establish disciplinary procedures consistent
11with the following principles:
12        (1) Any person or persons who initiate a disciplinary
13    charge against a person shall not determine the disposition
14    of the charge. The Director may establish one or more
15    disciplinary boards to hear and determine charges.
16        (2) Any committed person charged with a violation of
17    Department rules of behavior shall be given notice of the
18    charge including a statement of the misconduct alleged and
19    of the rules this conduct is alleged to violate.
20        (3) Any person charged with a violation of rules is
21    entitled to a hearing on that charge at which time he shall
22    have an opportunity to appear before and address the person
23    or persons deciding the charge.
24        (4) The person or persons determining the disposition
25    of the charge may also summon to testify any witnesses or
26    other persons with relevant knowledge of the incident.

 

 

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1        (5) If the charge is sustained, the person charged is
2    entitled to a written statement of the decision by the
3    persons determining the disposition of the charge which
4    shall include the basis for the decision and the
5    disciplinary action, if any, to be imposed.
6        (6) (Blank).
7(Source: P.A. 93-272, eff. 7-22-03.)
 
8    (730 ILCS 5/3-10-7)  (from Ch. 38, par. 1003-10-7)
9    Sec. 3-10-7. Interdivisional Transfers.
10    (a) In any case where a minor was originally prosecuted
11under the provisions of the Criminal Code of 1961, as amended,
12and sentenced under the provisions of this Act pursuant to
13Section 2-7 of the Juvenile Court Act or Section 5-805 of the
14Juvenile Court Act of 1987 and committed to the Department of
15Juvenile Justice under Section 5-8-6, the Department of
16Juvenile Justice shall, within 30 days of the date that the
17minor reaches the age of 17, send formal notification to the
18sentencing court and the State's Attorney of the county from
19which the minor was sentenced indicating the day upon which the
20minor offender will achieve the age of 17. Within 90 days of
21receipt of that notice, the sentencing court shall conduct a
22hearing, pursuant to the provisions of subsection (c) of this
23Section to determine whether or not the minor shall continue to
24remain under the auspices of the Department of Juvenile Justice
25or be transferred to the Adult Division of the Department of

 

 

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1Corrections.
2    The minor shall be served with notice of the date of the
3hearing, shall be present at the hearing, and has the right to
4counsel at the hearing. The minor, with the consent of his or
5her counsel or guardian may waive his presence at hearing.
6    (b) Unless sooner paroled under Section 3-3-3, the
7confinement of a minor person committed for an indeterminate
8sentence in a criminal proceeding shall terminate at the
9expiration of the maximum term of imprisonment, and he shall
10thereupon be released to serve a period of parole under Section
115-8-1, but if the maximum term of imprisonment does not expire
12until after his 21st birthday, he shall continue to be subject
13to the control and custody of the Department of Juvenile
14Justice, and on his 21st birthday, he shall be transferred to
15the Adult Division of the Department of Corrections. If such
16person is on parole on his 21st birthday, his parole
17supervision may be transferred to the Adult Division of the
18Department of Corrections.
19    (c) Any interdivisional transfer hearing conducted
20pursuant to subsection (a) of this Section shall consider all
21available information which may bear upon the issue of
22transfer. All evidence helpful to the court in determining the
23question of transfer, including oral and written reports
24containing hearsay, may be relied upon to the extent of its
25probative value, even though not competent for the purposes of
26an adjudicatory hearing. The court shall consider, along with

 

 

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1any other relevant matter, the following:
2        1. The nature of the offense for which the minor was
3    found guilty and the length of the sentence the minor has
4    to serve and the record and previous history of the minor.
5        2. The record of the minor's adjustment within the
6    Department of Juvenile Justice, including, but not limited
7    to, reports from the minor's counselor, any escapes,
8    attempted escapes or violent or disruptive conduct on the
9    part of the minor, any tickets received by the minor,
10    summaries of classes attended by the minor, and any record
11    of work performed by the minor while in the institution.
12        3. The relative maturity of the minor based upon the
13    physical, psychological and emotional development of the
14    minor.
15        4. The record of the rehabilitative progress of the
16    minor and an assessment of the vocational potential of the
17    minor.
18        5. An assessment of the necessity for transfer of the
19    minor, including, but not limited to, the availability of
20    space within the Department of Corrections, the
21    disciplinary and security problem which the minor has
22    presented to the Department of Juvenile Justice and the
23    practicability of maintaining the minor in a juvenile
24    facility, whether resources have been exhausted within the
25    Department of Juvenile Justice, the availability of
26    rehabilitative and vocational programs within the

 

 

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1    Department of Corrections, and the anticipated ability of
2    the minor to adjust to confinement within an adult
3    institution based upon the minor's physical size and
4    maturity.
5    All relevant factors considered under this subsection need
6not be resolved against the juvenile in order to justify such
7transfer. Access to social records, probation reports or any
8other reports which are considered by the court for the purpose
9of transfer shall be made available to counsel for the juvenile
10at least 30 days prior to the date of the transfer hearing. The
11Sentencing Court, upon granting a transfer order, shall
12accompany such order with a statement of reasons.
13    (d) Whenever the Director of Juvenile Justice or his
14designee determines that the interests of safety, security and
15discipline require the transfer to the Department of
16Corrections of a person 17 years or older who was prosecuted
17under the provisions of the Criminal Code of 1961, as amended,
18and sentenced under the provisions of this Act pursuant to
19Section 2-7 of the Juvenile Court Act or Section 5-805 of the
20Juvenile Court Act of 1987 and committed to the Department of
21Juvenile Justice under Section 5-8-6, the Director or his
22designee may authorize the emergency transfer of such person,
23unless the transfer of the person is governed by subsection (e)
24of this Section. The sentencing court shall be provided notice
25of any emergency transfer no later than 3 days after the
26emergency transfer. Upon motion brought within 60 days of the

 

 

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1emergency transfer by the sentencing court or any party, the
2sentencing court may conduct a hearing pursuant to the
3provisions of subsection (c) of this Section in order to
4determine whether the person shall remain confined in the
5Department of Corrections.
6    (e) The Director of Juvenile Justice or his designee may
7authorize the permanent transfer to the Department of
8Corrections of any person 18 years or older who was prosecuted
9under the provisions of the Criminal Code of 1961, as amended,
10and sentenced under the provisions of this Act pursuant to
11Section 2-7 of the Juvenile Court Act or Section 5-805 of the
12Juvenile Court Act of 1987 and committed to the Department of
13Juvenile Justice under Section 5-8-6 of this Act. The Director
14of Juvenile Justice or his designee shall be governed by the
15following factors in determining whether to authorize the
16permanent transfer of the person to the Department of
17Corrections:
18        1. The nature of the offense for which the person was
19    found guilty and the length of the sentence the person has
20    to serve and the record and previous history of the person.
21        2. The record of the person's adjustment within the
22    Department of Juvenile Justice, including, but not limited
23    to, reports from the person's counselor, any escapes,
24    attempted escapes or violent or disruptive conduct on the
25    part of the person, any tickets received by the person,
26    summaries of classes attended by the person, and any record

 

 

SB2944- 28 -LRB097 14649 RLC 59537 b

1    of work performed by the person while in the institution.
2        3. The relative maturity of the person based upon the
3    physical, psychological and emotional development of the
4    person.
5        4. The record of the rehabilitative progress of the
6    person and an assessment of the vocational potential of the
7    person.
8        5. An assessment of the necessity for transfer of the
9    person, including, but not limited to, the availability of
10    space within the Department of Corrections, the
11    disciplinary and security problem which the person has
12    presented to the Department of Juvenile Justice and the
13    practicability of maintaining the person in a juvenile
14    facility, whether resources have been exhausted within the
15    Department of Juvenile Justice, the availability of
16    rehabilitative and vocational programs within the
17    Department of Corrections, and the anticipated ability of
18    the person to adjust to confinement within an adult
19    institution based upon the person's physical size and
20    maturity.
21(Source: P.A. 94-696, eff. 6-1-06.)
 
22    (730 ILCS 5/3-13-4)  (from Ch. 38, par. 1003-13-4)
23    Sec. 3-13-4. Rules and Sanctions.) (a) The Department shall
24establish rules governing release status and shall provide
25written copies of such rules to both the committed person on

 

 

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1work or day release and to the employer or other person
2responsible for the individual. Such employer or other
3responsible person shall agree to abide by such rules, notify
4the Department of any violation thereof by the individual on
5release status, and notify the Department of the discharge of
6the person from work or other programs.
7    (b) If a committed person violates any rule, the Department
8may impose sanctions appropriate to the violation. The
9Department shall provide sanctions for unauthorized absences
10which shall include prosecution for escape under Section 3-6-4.
11    (c) An order certified by the Director, Assistant Director
12Adult Division, or the Supervisor of the Apprehension Unit, or
13a person duly designated by him or her, with the seal of the
14Department of Corrections attached and directed to all
15sheriffs, coroners, police officers, or to any particular
16persons named in the order shall be sufficient warrant for the
17officer or person named therein to arrest and deliver the
18violator to the proper correctional official. Such order shall
19be executed the same as criminal processes.
20    In the event that a work-releasee is arrested for another
21crime, the sheriff or police officer shall hold the releasee in
22custody until he notifies the nearest Office of Field Services
23or any of the above-named persons designated in this Section to
24certify the particular process or warrant.
25    (d) Not less than 15 days prior to any person being placed
26in a work release facility, the Department of Corrections shall

 

 

SB2944- 30 -LRB097 14649 RLC 59537 b

1provide to the State's Attorney and Sheriff of the county in
2which the work release center is located, relevant identifying
3information concerning the person to be placed in the work
4release facility. Such information shall include, but not be
5limited to, such identifying information as name, age, physical
6description, photograph, the offense, and the sentence for
7which the person is serving time in the Department of
8Corrections, and like information. The Department of
9Corrections shall, in addition, give written notice not less
10than 15 days prior to the placement to the State's Attorney of
11the county from which the offender was originally sentenced.
12(Source: P.A. 83-346.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.