Full Text of HB0180 94th General Assembly
HB0180sam001 94TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 5/11/2005
|
|
09400HB0180sam001 |
|
LRB094 05633 RXD 45712 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 180
| 2 |
| AMENDMENT NO. ______. Amend House Bill 180 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Uniform Criminal Extradition Act is amended | 5 |
| by changing Section 5 as follows:
| 6 |
| (725 ILCS 225/5) (from Ch. 60, par. 22)
| 7 |
| Sec. 5. Extradition
of persons imprisoned or awaiting trial | 8 |
| in another state or who have left
the demanding state under | 9 |
| compulsion.
| 10 |
| When it is desired to have returned to this State a person | 11 |
| charged in
this State with a crime, and such person is | 12 |
| imprisoned or is held under
criminal proceedings then pending | 13 |
| against him in another state, the
Governor of this State may | 14 |
| agree with the Executive Authority of such other
state for the | 15 |
| extradition of such person before the conclusion of such
| 16 |
| proceedings or his term of sentence in such other state, upon | 17 |
| condition
that such person be returned to such other state at | 18 |
| the expense of this
State as soon as the prosecution in this | 19 |
| State is terminated.
| 20 |
| The Governor of this State may also surrender on demand of | 21 |
| the Executive
Authority of any other state any person in this | 22 |
| State who is charged in the
manner provided in Section 23 of | 23 |
| this Act with having violated the laws
of the state whose | 24 |
| Executive Authority is making the demand, even though
such |
|
|
|
09400HB0180sam001 |
- 2 - |
LRB094 05633 RXD 45712 a |
|
| 1 |
| person left the demanding state involuntarily. | 2 |
| Notwithstanding any other provision of this Act, any person | 3 |
| incarcerated in any federal facility may be released to the | 4 |
| custody of the duly accredited officers or designees of those | 5 |
| officers of a foreign state if: | 6 |
| (1) the person has violated the terms of his or her | 7 |
| probation, post-release supervision, or parole or has an | 8 |
| unexpired sentence in the foreign state; | 9 |
| (2) the foreign state has personal jurisdiction over | 10 |
| that person; and | 11 |
| (3) the foreign state has issued a valid warrant for | 12 |
| the apprehension of that person or has issued a commitment | 13 |
| order to serve a sentence in a state or local correctional | 14 |
| facility. For that purpose no formalities shall be required | 15 |
| other than establishing the authority of the officer and | 16 |
| the identity of the person to be apprehended. All legal | 17 |
| requirements to obtain extradition of fugitives from | 18 |
| justice are expressly waived by the State of Illinois as to | 19 |
| those persons.
| 20 |
| (Source: Laws 1955, p. 1982.)
| 21 |
| Section 10. The Unified Code of Corrections is amended by | 22 |
| changing Section 3-2-5 and adding Section 3-2-5.1 as follows:
| 23 |
| (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
| 24 |
| Sec. 3-2-5. Organization of the Department ; Adult | 25 |
| Department of Corrections and the Department of Juvenile | 26 |
| Justice .
| 27 |
| (a) There shall be an Adult Division within the Department | 28 |
| which shall
be administered by an Assistant Director appointed | 29 |
| by the Governor under
The Civil Administrative Code of | 30 |
| Illinois. The Assistant Director shall be
under the direction | 31 |
| of the Director. The Adult Division shall be
responsible for | 32 |
| all persons committed or transferred to the Department
under |
|
|
|
09400HB0180sam001 |
- 3 - |
LRB094 05633 RXD 45712 a |
|
| 1 |
| 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 | 6 |
| committed to the Department of Corrections under Section 5-8-6 | 7 |
| of this Code, Section 5-10 of the Juvenile Court Act, or | 8 |
| Section 5-750 of the Juvenile Court Act of 1987. Youth | 9 |
| committed to the Department of Juvenile Justice pursuant to | 10 |
| this Code shall be sight and sound separate from youth | 11 |
| committed to the Department of Juvenile Justice pursuant to the | 12 |
| Juvenile Court Act.
There shall be a Juvenile Division within | 13 |
| the Department which shall
be administered by an Assistant | 14 |
| Director appointed by the Governor under
The Civil | 15 |
| Administrative Code of Illinois. The Assistant Director shall | 16 |
| be
under the direction of the Director. The Juvenile Division | 17 |
| shall be
responsible for all persons committed to the Juvenile | 18 |
| Division of the
Department under Section 5-8-6 of this Code or | 19 |
| Section 5-10 of
the Juvenile Court Act or Section 5-750 of the | 20 |
| Juvenile Court Act
of 1987.
| 21 |
| Department of Juvenile Justice personnel shall be over the | 22 |
| age of 21 and have graduated from an accredited four-year | 23 |
| college or university with a specialization in criminal | 24 |
| justice, education, psychology, sociology, social work, or a | 25 |
| closely related social science. Work experience in a | 26 |
| residential treatment program that includes supervision or | 27 |
| counseling of troubled youth between 10 and 17 years of age may | 28 |
| be substituted on a year-for-year basis for the stated | 29 |
| education specialization requirement.
| 30 |
| (c) The Department shall create a gang intelligence unit | 31 |
| under the
supervision of the Director. The unit shall be | 32 |
| specifically designed to gather
information regarding the | 33 |
| inmate gang population, monitor the activities of
gangs, and | 34 |
| prevent the furtherance of gang activities through the |
|
|
|
09400HB0180sam001 |
- 4 - |
LRB094 05633 RXD 45712 a |
|
| 1 |
| development
and implementation of policies aimed at deterring | 2 |
| gang activity. The Director
shall appoint a Corrections | 3 |
| Intelligence Coordinator.
| 4 |
| All information collected and maintained by the unit shall | 5 |
| be highly
confidential, and access to that information shall be | 6 |
| restricted by the
Department. The information
shall be used to | 7 |
| control and limit the activities of gangs within correctional
| 8 |
| institutions under the jurisdiction of the Illinois
Department | 9 |
| of Corrections and may be shared with other law enforcement | 10 |
| agencies
in order to curb gang activities outside of | 11 |
| correctional institutions under the
jurisdiction of the | 12 |
| Department and to assist in
the investigations and prosecutions | 13 |
| of gang activity. The Department shall
establish and promulgate | 14 |
| rules governing the release of information to outside
law | 15 |
| enforcement agencies. Due to the highly sensitive nature of the
| 16 |
| information, the information is exempt from requests for | 17 |
| disclosure under the
Freedom
of Information Act as the | 18 |
| information contained is highly confidential and may
be harmful | 19 |
| if disclosed.
| 20 |
| The Department shall file an annual report with the General | 21 |
| Assembly on the
profile of the inmate
population associated | 22 |
| with gangs, gang-related activity within correctional
| 23 |
| institutions under the jurisdiction of the Department,
and an | 24 |
| overall status of the unit as it relates to its function and
| 25 |
| performance.
| 26 |
| (Source: P.A. 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.)
| 27 |
| (730 ILCS 5/3-2-5.1 new)
| 28 |
| Sec. 3-2-5.1. Department of Juvenile Justice Transition | 29 |
| Plan. | 30 |
| (a) The Department of Juvenile Justice shall assume the | 31 |
| rights, powers, duties, and responsibilities of the Juvenile | 32 |
| Division of the Department of Corrections. Personnel, books, | 33 |
| records, property, and funds pertaining to the Juvenile |
|
|
|
09400HB0180sam001 |
- 5 - |
LRB094 05633 RXD 45712 a |
|
| 1 |
| Division of the Department of Corrections shall be transferred | 2 |
| to the Department of Juvenile Justice. Any rights of employees | 3 |
| or the State under the Personnel Code or any other contract or | 4 |
| plan shall be unaffected by this transfer.
| 5 |
| (b) The Fiscal Year 2006 appropriations for the Department | 6 |
| of Juvenile Justice shall not exceed the amount appropriated to | 7 |
| the Juvenile Division of the Department of Corrections for | 8 |
| Fiscal Year 2005 for juvenile services, including, but not | 9 |
| limited to, placement, education, and parole.
| 10 |
| Section 99. Effective date. This Act takes effect January | 11 |
| 1, 2006.".
|
|