Illinois General Assembly - Full Text of HB4402
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Full Text of HB4402  97th General Assembly



State of Illinois
2011 and 2012


Introduced 1/30/2012, by Rep. Michael J. Madigan


730 ILCS 5/3-2-5  from Ch. 38, par. 1003-2-5

    Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the organization of the Department of Corrections and the Department of Juvenile Justice.

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HB4402LRB097 15394 RLC 60494 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 Unified Code of Corrections is amended by
5changing Section 3-2-5 as follows:
6    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)
7    Sec. 3-2-5. Organization of the Department of Corrections
8and the Department of Juvenile Justice.
9    (a) There shall be an Adult Division within the the
10Department which shall be administered by an Assistant Director
11appointed by the Governor under The Civil Administrative Code
12of Illinois. The Assistant Director shall be under the
13direction of the Director. The Adult Division shall be
14responsible for all persons committed or transferred to the
15Department under Sections 3-10-7 or 5-8-6 of this Code.
16    (b) There shall be a Department of Juvenile Justice which
17shall be administered by a Director appointed by the Governor
18under the Civil Administrative Code of Illinois. The Department
19of Juvenile Justice shall be responsible for all persons under
2017 years of age when sentenced to imprisonment and committed to
21the Department under subsection (c) of Section 5-8-6 of this
22Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
23of the Juvenile Court Act of 1987. Persons under 17 years of



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1age committed to the Department of Juvenile Justice pursuant to
2this Code shall be sight and sound separate from adult
3offenders committed to the Department of Corrections.
4    (c) The Department shall create a gang intelligence unit
5under the supervision of the Director. The unit shall be
6specifically designed to gather information regarding the
7inmate gang population, monitor the activities of gangs, and
8prevent the furtherance of gang activities through the
9development and implementation of policies aimed at deterring
10gang activity. The Director shall appoint a Corrections
11Intelligence Coordinator.
12    All information collected and maintained by the unit shall
13be highly confidential, and access to that information shall be
14restricted by the Department. The information shall be used to
15control and limit the activities of gangs within correctional
16institutions under the jurisdiction of the Illinois Department
17of Corrections and may be shared with other law enforcement
18agencies in order to curb gang activities outside of
19correctional institutions under the jurisdiction of the
20Department and to assist in the investigations and prosecutions
21of gang activity. The Department shall establish and promulgate
22rules governing the release of information to outside law
23enforcement agencies. Due to the highly sensitive nature of the
24information, the information is exempt from requests for
25disclosure under the Freedom of Information Act as the
26information contained is highly confidential and may be harmful



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1if disclosed.
2    The Department shall file an annual report with the General
3Assembly on the profile of the inmate population associated
4with gangs, gang-related activity within correctional
5institutions under the jurisdiction of the Department, and an
6overall status of the unit as it relates to its function and
8(Source: P.A. 94-696, eff. 6-1-06.)