Full Text of HB5756 95th General Assembly
HB5756ham004 95TH GENERAL ASSEMBLY
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Rep. Harry R. Ramey Jr.
Filed: 5/21/2008
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09500HB5756ham004 |
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LRB095 14924 RLC 51226 a |
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| AMENDMENT TO HOUSE BILL 5756
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| AMENDMENT NO. ______. Amend House Bill 5756, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Unified Code of Corrections is amended by | 6 |
| changing Sections 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:
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| (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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| Sec. 3-2-2. Powers and Duties of the Department.
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| (1) In addition to the powers, duties and responsibilities | 10 |
| which are
otherwise provided by law, the Department shall have | 11 |
| the following powers:
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| (a) To accept persons committed to it by the courts of | 13 |
| this State for
care, custody, treatment and | 14 |
| rehabilitation, and to accept federal prisoners and aliens | 15 |
| over whom the Office of the Federal Detention Trustee is | 16 |
| authorized to exercise the federal detention function for |
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| limited purposes and periods of time.
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| (b) To develop and maintain reception and evaluation | 3 |
| units for purposes
of analyzing the custody and | 4 |
| rehabilitation needs of persons committed to
it and to | 5 |
| assign such persons to institutions and programs under its | 6 |
| control
or transfer them to other appropriate agencies. In | 7 |
| consultation with the
Department of Alcoholism and | 8 |
| Substance Abuse (now the Department of Human
Services), the | 9 |
| Department of Corrections
shall develop a master plan for | 10 |
| the screening and evaluation of persons
committed to its | 11 |
| custody who have alcohol or drug abuse problems, and for
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| making appropriate treatment available to such persons; | 13 |
| the Department
shall report to the General Assembly on such | 14 |
| plan not later than April 1,
1987. The maintenance and | 15 |
| implementation of such plan shall be contingent
upon the | 16 |
| availability of funds.
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| (b-1) To create and implement, on January 1, 2002, a | 18 |
| pilot
program to
establish the effectiveness of | 19 |
| pupillometer technology (the measurement of the
pupil's
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| reaction to light) as an alternative to a urine test for | 21 |
| purposes of screening
and evaluating
persons committed to | 22 |
| its custody who have alcohol or drug problems. The
pilot | 23 |
| program shall require the pupillometer technology to be | 24 |
| used in at
least one Department of
Corrections facility. | 25 |
| The Director may expand the pilot program to include an
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| additional facility or
facilities as he or she deems |
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| appropriate.
A minimum of 4,000 tests shall be included in | 2 |
| the pilot program.
The
Department must report to the
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| General Assembly on the
effectiveness of the program by | 4 |
| January 1, 2003.
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| (b-5) To develop, in consultation with the Department | 6 |
| of State Police, a
program for tracking and evaluating each | 7 |
| inmate from commitment through release
for recording his or | 8 |
| her gang affiliations, activities, or ranks.
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| (c) To maintain and administer all State correctional | 10 |
| institutions and
facilities under its control and to | 11 |
| establish new ones as needed. Pursuant
to its power to | 12 |
| establish new institutions and facilities, the Department
| 13 |
| may, with the written approval of the Governor, authorize | 14 |
| the Department of
Central Management Services to enter into | 15 |
| an agreement of the type
described in subsection (d) of | 16 |
| Section 405-300 of the
Department
of Central Management | 17 |
| Services Law (20 ILCS 405/405-300). The Department shall
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| designate those institutions which
shall constitute the | 19 |
| State Penitentiary System.
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| Pursuant to its power to establish new institutions and | 21 |
| facilities, the
Department may authorize the Department of | 22 |
| Central Management Services to
accept bids from counties | 23 |
| and municipalities for the construction,
remodeling or | 24 |
| conversion of a structure to be leased to the Department of
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| Corrections for the purposes of its serving as a | 26 |
| correctional institution
or facility. Such construction, |
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| remodeling or conversion may be financed
with revenue bonds | 2 |
| issued pursuant to the Industrial Building Revenue Bond
Act | 3 |
| by the municipality or county. The lease specified in a bid | 4 |
| shall be
for a term of not less than the time needed to | 5 |
| retire any revenue bonds
used to finance the project, but | 6 |
| not to exceed 40 years. The lease may
grant to the State | 7 |
| the option to purchase the structure outright.
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| Upon receipt of the bids, the Department may certify | 9 |
| one or more of the
bids and shall submit any such bids to | 10 |
| the General Assembly for approval.
Upon approval of a bid | 11 |
| by a constitutional majority of both houses of the
General | 12 |
| Assembly, pursuant to joint resolution, the Department of | 13 |
| Central
Management Services may enter into an agreement | 14 |
| with the county or
municipality pursuant to such bid.
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| (c-5) To build and maintain regional juvenile | 16 |
| detention centers and to
charge a per diem to the counties | 17 |
| as established by the Department to defray
the costs of | 18 |
| housing each minor in a center. In this subsection (c-5),
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| "juvenile
detention center" means a facility to house | 20 |
| minors during pendency of trial who
have been transferred | 21 |
| from proceedings under the Juvenile Court Act of 1987 to
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| prosecutions under the criminal laws of this State in | 23 |
| accordance with Section
5-805 of the Juvenile Court Act of | 24 |
| 1987, whether the transfer was by operation
of
law or | 25 |
| permissive under that Section. The Department shall | 26 |
| designate the
counties to be served by each regional |
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| juvenile detention center.
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| (d) To develop and maintain programs of control, | 3 |
| rehabilitation and
employment of committed persons within | 4 |
| its institutions.
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| (d-5) To provide a pre-release job preparation program | 6 |
| for inmates at Illinois adult correctional centers.
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| (e) To establish a system of supervision and guidance | 8 |
| of committed persons
in the community.
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| (f) To establish in cooperation with the Department of | 10 |
| Transportation
to supply a sufficient number of prisoners | 11 |
| for use by the Department of
Transportation to clean up the | 12 |
| trash and garbage along State, county,
township, or | 13 |
| municipal highways as designated by the Department of
| 14 |
| Transportation. The Department of Corrections, at the | 15 |
| request of the
Department of Transportation, shall furnish | 16 |
| such prisoners at least
annually for a period to be agreed | 17 |
| upon between the Director of
Corrections and the Director | 18 |
| of Transportation. The prisoners used on this
program shall | 19 |
| be selected by the Director of Corrections on whatever | 20 |
| basis
he deems proper in consideration of their term, | 21 |
| behavior and earned eligibility
to participate in such | 22 |
| program - where they will be outside of the prison
facility | 23 |
| but still in the custody of the Department of Corrections. | 24 |
| Prisoners
convicted of first degree murder, or a Class X | 25 |
| felony, or armed violence, or
aggravated kidnapping, or | 26 |
| criminal sexual assault, aggravated criminal sexual
abuse |
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| or a subsequent conviction for criminal sexual abuse, or | 2 |
| forcible
detention, or arson, or a prisoner adjudged a | 3 |
| Habitual Criminal shall not be
eligible for selection to | 4 |
| participate in such program. The prisoners shall
remain as | 5 |
| prisoners in the custody of the Department of Corrections | 6 |
| and such
Department shall furnish whatever security is | 7 |
| necessary. The Department of
Transportation shall furnish | 8 |
| trucks and equipment for the highway cleanup
program and | 9 |
| personnel to supervise and direct the program. Neither the
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| Department of Corrections nor the Department of | 11 |
| Transportation shall replace
any regular employee with a | 12 |
| prisoner.
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| (g) To maintain records of persons committed to it and | 14 |
| to establish
programs of research, statistics and | 15 |
| planning.
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| (h) To investigate the grievances of any person | 17 |
| committed to the
Department, to inquire into any alleged | 18 |
| misconduct by employees
or committed persons, and to | 19 |
| investigate the assets
of committed persons to implement | 20 |
| Section 3-7-6 of this Code; and for
these purposes it may | 21 |
| issue subpoenas and compel the attendance of witnesses
and | 22 |
| the production of writings and papers, and may examine | 23 |
| under oath any
witnesses who may appear before it; to also | 24 |
| investigate alleged violations
of a parolee's or | 25 |
| releasee's conditions of parole or release; and for this
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| purpose it may issue subpoenas and compel the attendance of |
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| witnesses and
the production of documents only if there is | 2 |
| reason to believe that such
procedures would provide | 3 |
| evidence that such violations have occurred.
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| If any person fails to obey a subpoena issued under | 5 |
| this subsection,
the Director may apply to any circuit | 6 |
| court to secure compliance with the
subpoena. The failure | 7 |
| to comply with the order of the court issued in
response | 8 |
| thereto shall be punishable as contempt of court.
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| (i) To appoint and remove the chief administrative | 10 |
| officers, and
administer
programs of training and | 11 |
| development of personnel of the Department. Personnel
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| assigned by the Department to be responsible for the
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| custody and control of committed persons or to investigate | 14 |
| the alleged
misconduct of committed persons or employees or | 15 |
| alleged violations of a
parolee's or releasee's conditions | 16 |
| of parole shall be conservators of the peace
for those | 17 |
| purposes, and shall have the full power of peace officers | 18 |
| outside
of the facilities of the Department in the | 19 |
| protection, arrest, retaking
and reconfining of committed | 20 |
| persons or where the exercise of such power
is necessary to | 21 |
| the investigation of such misconduct or violations.
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| (j) To cooperate with other departments and agencies | 23 |
| and with local
communities for the development of standards | 24 |
| and programs for better
correctional services in this | 25 |
| State.
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| (k) To administer all moneys and properties of the |
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| Department.
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| (l) To report annually to the Governor on the committed
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| persons, institutions and programs of the Department.
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| (l-5) In a confidential annual report to the Governor, | 5 |
| the Department
shall
identify all inmate gangs by | 6 |
| specifying each current gang's name, population
and allied | 7 |
| gangs. The Department shall further specify the number of | 8 |
| top
leaders identified by the Department for each gang | 9 |
| during the past year, and
the measures taken by the | 10 |
| Department to segregate each leader from his or her
gang | 11 |
| and allied gangs. The Department shall further report the | 12 |
| current status
of leaders identified and segregated in | 13 |
| previous years. All leaders described
in the report shall | 14 |
| be identified by inmate number or other designation to
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| enable tracking, auditing, and verification without | 16 |
| revealing the names of the
leaders. Because this report | 17 |
| contains law enforcement intelligence information
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| collected by the Department, the report is confidential and | 19 |
| not subject to
public disclosure.
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| (m) To make all rules and regulations and exercise all | 21 |
| powers and duties
vested by law in the Department.
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| (n) To establish rules and regulations for | 23 |
| administering a system of
good conduct credits, | 24 |
| established in accordance with Section 3-6-3, subject
to | 25 |
| review by the Prisoner Review Board.
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| (o) To administer the distribution of funds
from the |
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| State Treasury to reimburse counties where State penal
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| institutions are located for the payment of assistant | 3 |
| state's attorneys'
salaries under Section 4-2001 of the | 4 |
| Counties Code.
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| (p) To exchange information with the Department of | 6 |
| Human Services and the
Department of Healthcare and Family | 7 |
| Services
for the purpose of verifying living arrangements | 8 |
| and for other purposes
directly connected with the | 9 |
| administration of this Code and the Illinois
Public Aid | 10 |
| Code.
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| (q) To establish a diversion program.
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| The program shall provide a structured environment for | 13 |
| selected
technical parole or mandatory supervised release | 14 |
| violators and committed
persons who have violated the rules | 15 |
| governing their conduct while in work
release. This program | 16 |
| shall not apply to those persons who have committed
a new | 17 |
| offense while serving on parole or mandatory supervised | 18 |
| release or
while committed to work release.
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| Elements of the program shall include, but shall not be | 20 |
| limited to, the
following:
| 21 |
| (1) The staff of a diversion facility shall provide | 22 |
| supervision in
accordance with required objectives set | 23 |
| by the facility.
| 24 |
| (2) Participants shall be required to maintain | 25 |
| employment.
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| (3) Each participant shall pay for room and board |
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| at the facility on a
sliding-scale basis according to | 2 |
| the participant's income.
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| (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.
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| (6) Participants shall take part in such | 13 |
| counseling, educational and
other programs as the | 14 |
| Department may deem appropriate.
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| (7) Participants shall submit to drug and alcohol | 16 |
| screening.
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| (8) The Department shall promulgate rules | 18 |
| governing the administration
of the program.
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| (r) To enter into intergovernmental cooperation | 20 |
| agreements under which
persons in the custody of the | 21 |
| Department may participate in a county impact
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| incarceration program established under Section 3-6038 or | 23 |
| 3-15003.5 of the
Counties Code.
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| (r-5) (Blank).
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| (r-10) To systematically and routinely identify with | 26 |
| respect to each
streetgang active within the correctional |
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| system: (1) each active gang; (2)
every existing inter-gang | 2 |
| affiliation or alliance; and (3) the current leaders
in | 3 |
| each gang. The Department shall promptly segregate leaders | 4 |
| from inmates who
belong to their gangs and allied gangs. | 5 |
| "Segregate" means no physical contact
and, to the extent | 6 |
| possible under the conditions and space available at the
| 7 |
| correctional facility, prohibition of visual and sound | 8 |
| communication. For the
purposes of this paragraph (r-10), | 9 |
| "leaders" means persons who:
| 10 |
| (i) are members of a criminal streetgang;
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| (ii) with respect to other individuals within the | 12 |
| streetgang, occupy a
position of organizer, | 13 |
| supervisor, or other position of management or
| 14 |
| leadership; and
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| (iii) are actively and personally engaged in | 16 |
| directing, ordering,
authorizing, or requesting | 17 |
| commission of criminal acts by others, which are
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| punishable as a felony, in furtherance of streetgang | 19 |
| related activity both
within and outside of the | 20 |
| Department of Corrections.
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| "Streetgang", "gang", and "streetgang related" have the | 22 |
| meanings ascribed to
them in Section 10 of the Illinois | 23 |
| Streetgang Terrorism Omnibus Prevention
Act.
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| (s) To operate a super-maximum security institution, | 25 |
| in order to
manage and
supervise inmates who are disruptive | 26 |
| or dangerous and provide for the safety
and security of the |
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| staff and the other inmates.
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| (t) To monitor any unprivileged conversation or any | 3 |
| unprivileged
communication, whether in person or by mail, | 4 |
| telephone, or other means,
between an inmate who, before | 5 |
| commitment to the Department, was a member of an
organized | 6 |
| gang and any other person without the need to show cause or | 7 |
| satisfy
any other requirement of law before beginning the | 8 |
| monitoring, except as
constitutionally required. The | 9 |
| monitoring may be by video, voice, or other
method of | 10 |
| recording or by any other means. As used in this | 11 |
| subdivision (1)(t),
"organized gang" has the meaning | 12 |
| ascribed to it in Section 10 of the Illinois
Streetgang | 13 |
| Terrorism Omnibus Prevention Act.
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| As used in this subdivision (1)(t), "unprivileged | 15 |
| conversation" or
"unprivileged communication" means a | 16 |
| conversation or communication that is not
protected by any | 17 |
| privilege recognized by law or by decision, rule, or order | 18 |
| of
the Illinois Supreme Court.
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| (u) To establish a Women's and Children's Pre-release | 20 |
| Community
Supervision
Program for the purpose of providing | 21 |
| housing and services to eligible female
inmates, as | 22 |
| determined by the Department, and their newborn and young
| 23 |
| children.
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| (v) To do all other acts necessary to carry out the | 25 |
| provisions
of this Chapter.
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| (2) The Department of Corrections shall by January 1, 1998, |
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| consider
building and operating a correctional facility within | 2 |
| 100 miles of a county of
over 2,000,000 inhabitants, especially | 3 |
| a facility designed to house juvenile
participants in the | 4 |
| impact incarceration program.
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| (3) When the Department lets bids for contracts for medical
| 6 |
| services to be provided to persons committed to Department | 7 |
| facilities by
a health maintenance organization, medical | 8 |
| service corporation, or other
health care provider, the bid may | 9 |
| only be let to a health care provider
that has obtained an | 10 |
| irrevocable letter of credit or performance bond
issued by a | 11 |
| company whose bonds are rated AAA by a bond rating
| 12 |
| organization.
| 13 |
| (4) When the Department lets bids for
contracts for food or | 14 |
| commissary services to be provided to
Department facilities, | 15 |
| the bid may only be let to a food or commissary
services | 16 |
| provider that has obtained an irrevocable letter of
credit or | 17 |
| performance bond issued by a company whose bonds are rated
AAA | 18 |
| by a bond rating organization.
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| (5) The Illinois Department of Corrections (IDOC) shall | 20 |
| enter into a Memorandum of Understanding (MOU) with the U.S. | 21 |
| Immigration and Customs Enforcement (ICE), pursuant to Section | 22 |
| 241 (a) of the Immigration and Nationality Act, codified at 8 | 23 |
| U.S.C. Section 1231 (a), as amended by the Homeland Security | 24 |
| Act of 2002, Public Law No. 107-296 as codified at 6 U.S.C. | 25 |
| Sections 131-134 which authorizes the Secretary of the | 26 |
| Department of Homeland Security to enter into written |
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| agreements with a state or any political subdivision of a state | 2 |
| to remove an alien in the custody of that state.
The purpose of | 3 |
| the MOU is to set forth terms by which ICE and IDOC will | 4 |
| cooperate in a Rapid Removal of Eligible Parolees Accepted for | 5 |
| Transfer ("Rapid REPAT") program, which allows for early | 6 |
| conditional release for deportation of removable custodial | 7 |
| aliens to their home countries. | 8 |
| (6) Notwithstanding any other rulemaking authority that | 9 |
| may exist, neither the Governor nor any agency or agency head | 10 |
| under the jurisdiction of the Governor has any authority to | 11 |
| make or promulgate rules to implement or enforce the provisions | 12 |
| of this amendatory Act of the 95th General Assembly. If, | 13 |
| however, the Governor believes that rules are necessary to | 14 |
| implement or enforce the provisions of this amendatory Act of | 15 |
| the 95th General Assembly, the Governor may suggest rules to | 16 |
| the General Assembly by filing them with the Clerk of the House | 17 |
| and the Secretary of the Senate and by requesting that the | 18 |
| General Assembly authorize such rulemaking by law, enact those | 19 |
| suggested rules into law, or take any other appropriate action | 20 |
| in the General Assembly's discretion. Nothing contained in this | 21 |
| amendatory Act of the 95th General Assembly shall be | 22 |
| interpreted to grant rulemaking authority under any other | 23 |
| Illinois statute where such authority is not otherwise | 24 |
| explicitly given. For the purposes of this Section, "rules" is | 25 |
| given the meaning contained in Section 1-70 of the Illinois | 26 |
| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of | 2 |
| the Illinois Administrative Procedure Act to the extent that | 3 |
| such definitions apply to agencies or agency heads under the | 4 |
| jurisdiction of the Governor. | 5 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; | 6 |
| 94-1067, eff. 8-1-06.)
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| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 8 |
| Sec. 3-3-2. Powers and Duties.
| 9 |
| (a) The Parole and Pardon Board is abolished and the term | 10 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 11 |
| read "Prisoner Review
Board." After the effective date of this | 12 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 13 |
| by rule for the orderly transition of
all files, records, and | 14 |
| documents of the Parole and Pardon Board and for
such other | 15 |
| steps as may be necessary to effect an orderly transition and | 16 |
| shall:
| 17 |
| (1) hear by at least one member and through a panel of | 18 |
| at least 3 members
decide, cases of prisoners
who were | 19 |
| sentenced under the law in effect prior to the effective
| 20 |
| date of this amendatory Act of 1977, and who are eligible | 21 |
| for parole;
| 22 |
| (2) hear by at least one member and through a panel of | 23 |
| at least 3 members decide, the conditions of
parole and the | 24 |
| time of discharge from parole, impose sanctions for
| 25 |
| violations of parole, and revoke
parole for those sentenced |
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| under the law in effect prior to this amendatory
Act of | 2 |
| 1977; provided that the decision to parole and the | 3 |
| conditions of
parole for all prisoners who were sentenced | 4 |
| for first degree murder or who
received a minimum sentence | 5 |
| of 20 years or more under the law in effect
prior to | 6 |
| February 1, 1978 shall be determined by a majority vote of | 7 |
| the
Prisoner Review Board;
| 8 |
| (3) hear by at least one member and through a panel of | 9 |
| at least 3 members decide, the conditions
of mandatory | 10 |
| supervised release and the time of discharge from mandatory
| 11 |
| supervised release, impose sanctions for violations of | 12 |
| mandatory
supervised release, and revoke mandatory | 13 |
| supervised release for those
sentenced under the law in | 14 |
| effect after the effective date of this
amendatory Act of | 15 |
| 1977;
| 16 |
| (3.5) hear by at least one member and through a panel | 17 |
| of at least 3 members decide, the conditions of mandatory | 18 |
| supervised release and the time of discharge from mandatory | 19 |
| supervised release, to impose sanctions for violations of | 20 |
| mandatory supervised release and revoke mandatory | 21 |
| supervised release for those serving extended supervised | 22 |
| release terms pursuant to paragraph (4) of subsection (d) | 23 |
| of Section 5-8-1;
| 24 |
| (4) hear by at least 1 member and through a panel of at | 25 |
| least 3
members,
decide cases brought by the Department of | 26 |
| Corrections against a prisoner in
the custody of the |
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| Department for alleged violation of Department rules
with | 2 |
| respect to good conduct credits pursuant to Section 3-6-3 | 3 |
| of this Code
in which the Department seeks to revoke good | 4 |
| conduct credits, if the amount
of time at issue exceeds 30 | 5 |
| days or when, during any 12 month period, the
cumulative | 6 |
| amount of credit revoked exceeds 30 days except where the
| 7 |
| infraction is committed or discovered within 60 days of | 8 |
| scheduled release.
In such cases, the Department of | 9 |
| Corrections may revoke up to 30 days of
good conduct | 10 |
| credit. The Board may subsequently approve the revocation | 11 |
| of
additional good conduct credit, if the Department seeks | 12 |
| to revoke good
conduct credit in excess of thirty days. | 13 |
| However, the Board shall not be
empowered to review the | 14 |
| Department's decision with respect to the loss of
30 days | 15 |
| of good conduct credit for any prisoner or to increase any | 16 |
| penalty
beyond the length requested by the Department;
| 17 |
| (5) hear by at least one member and through a panel of | 18 |
| at least 3
members decide, the
release dates for certain | 19 |
| prisoners sentenced under the law in existence
prior to the | 20 |
| effective date of this amendatory Act of 1977, in
| 21 |
| accordance with Section 3-3-2.1 of this Code;
| 22 |
| (6) hear by at least one member and through a panel of | 23 |
| at least 3 members
decide, all requests for pardon, | 24 |
| reprieve or commutation, and make confidential
| 25 |
| recommendations to the Governor;
| 26 |
| (7) comply with the requirements of the Open Parole |
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| 1 |
| Hearings Act;
| 2 |
| (8) hear by at least one member and, through a panel of | 3 |
| at least 3
members, decide cases brought by the Department | 4 |
| of Corrections against a
prisoner in the custody of the | 5 |
| Department for court dismissal of a frivolous
lawsuit | 6 |
| pursuant to Section 3-6-3(d) of this Code in which the | 7 |
| Department seeks
to revoke up to 180 days of good conduct | 8 |
| credit, and if the prisoner has not
accumulated 180 days of | 9 |
| good conduct credit at the time of the dismissal, then
all | 10 |
| good conduct credit accumulated by the prisoner shall be | 11 |
| revoked;
and
| 12 |
| (9) hear by at least 3 members, and, through a panel of | 13 |
| at least 3
members, decide whether to grant certificates of | 14 |
| relief from
disabilities or certificates of good conduct as | 15 |
| provided in Article 5.5 of
Chapter V ; and .
| 16 |
| (10) hear by at least one member and, through a panel | 17 |
| of at least 3 members, decide all requests for release of | 18 |
| prisoners subject to detainers filed by the United States | 19 |
| Department of Homeland Security, Immigration and Customs | 20 |
| Enforcement, or its successor. | 21 |
| (a-5) The Prisoner Review Board, with the cooperation of | 22 |
| and in
coordination with the Department of Corrections and the | 23 |
| Department of Central
Management Services, shall implement a | 24 |
| pilot project in 3 correctional
institutions providing for the | 25 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 26 |
| (a) of this Section through interactive video conferences.
The
|
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| 1 |
| project shall be implemented within 6 months after the | 2 |
| effective date of this
amendatory Act of 1996. Within 6 months | 3 |
| after the implementation of the pilot
project, the Prisoner | 4 |
| Review Board, with the cooperation of and in coordination
with | 5 |
| the Department of Corrections and the Department of Central | 6 |
| Management
Services, shall report to the Governor and the | 7 |
| General Assembly regarding the
use, costs, effectiveness, and | 8 |
| future viability of interactive video
conferences for Prisoner | 9 |
| Review Board hearings.
| 10 |
| (b) Upon recommendation of the Department the Board may | 11 |
| restore good
conduct credit previously revoked.
| 12 |
| (c) The Board shall cooperate with the Department in | 13 |
| promoting an
effective system of parole and mandatory | 14 |
| supervised release.
| 15 |
| (d) The Board shall promulgate rules for the conduct of its | 16 |
| work,
and the Chairman shall file a copy of such rules and any | 17 |
| amendments
thereto with the Director and with the Secretary of | 18 |
| State.
| 19 |
| (e) The Board shall keep records of all of its official | 20 |
| actions and
shall make them accessible in accordance with law | 21 |
| and the rules of the
Board.
| 22 |
| (f) The Board or one who has allegedly violated the | 23 |
| conditions of
his parole or mandatory supervised release may | 24 |
| require by subpoena the
attendance and testimony of witnesses | 25 |
| and the production of documentary
evidence relating to any | 26 |
| matter under investigation or hearing. The
Chairman of the |
|
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| 1 |
| Board may sign subpoenas which shall be served by any
agent or | 2 |
| public official authorized by the Chairman of the Board, or by
| 3 |
| any person lawfully authorized to serve a subpoena under the | 4 |
| laws of the
State of Illinois. The attendance of witnesses, and | 5 |
| the production of
documentary evidence, may be required from | 6 |
| any place in the State to a
hearing location in the State | 7 |
| before the Chairman of the Board or his
designated agent or | 8 |
| agents or any duly constituted Committee or
Subcommittee of the | 9 |
| Board. Witnesses so summoned shall be paid the same
fees and | 10 |
| mileage that are paid witnesses in the circuit courts of the
| 11 |
| State, and witnesses whose depositions are taken and the | 12 |
| persons taking
those depositions are each entitled to the same | 13 |
| fees as are paid for
like services in actions in the circuit | 14 |
| courts of the State. Fees and
mileage shall be vouchered for | 15 |
| payment when the witness is discharged
from further attendance.
| 16 |
| In case of disobedience to a subpoena, the Board may | 17 |
| petition any
circuit court of the State for an order requiring | 18 |
| the attendance and
testimony of witnesses or the production of | 19 |
| documentary evidence or
both. A copy of such petition shall be | 20 |
| served by personal service or by
registered or certified mail | 21 |
| upon the person who has failed to obey the
subpoena, and such | 22 |
| person shall be advised in writing that a hearing
upon the | 23 |
| petition will be requested in a court room to be designated in
| 24 |
| such notice before the judge hearing motions or extraordinary | 25 |
| remedies
at a specified time, on a specified date, not less | 26 |
| than 10 nor more than
15 days after the deposit of the copy of |
|
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| 1 |
| the written notice and petition
in the U.S. mails addressed to | 2 |
| the person at his last known address or
after the personal | 3 |
| service of the copy of the notice and petition upon
such | 4 |
| person. The court upon the filing of such a petition, may order | 5 |
| the
person refusing to obey the subpoena to appear at an | 6 |
| investigation or
hearing, or to there produce documentary | 7 |
| evidence, if so ordered, or to
give evidence relative to the | 8 |
| subject matter of that investigation or
hearing. Any failure to | 9 |
| obey such order of the circuit court may be
punished by that | 10 |
| court as a contempt of court.
| 11 |
| Each member of the Board and any hearing officer designated | 12 |
| by the
Board shall have the power to administer oaths and to | 13 |
| take the testimony
of persons under oath.
| 14 |
| (g) Except under subsection (a) of this Section, a majority | 15 |
| of the
members then appointed to the Prisoner Review Board | 16 |
| shall constitute a
quorum for the transaction of all business | 17 |
| of the Board.
| 18 |
| (h) The Prisoner Review Board shall annually transmit to | 19 |
| the
Director a detailed report of its work for the preceding | 20 |
| calendar year.
The annual report shall also be transmitted to | 21 |
| the Governor for
submission to the Legislature.
| 22 |
| (i) Notwithstanding any other rulemaking authority that | 23 |
| may exist, neither the Governor nor any agency or agency head | 24 |
| under the jurisdiction of the Governor has any authority to | 25 |
| make or promulgate rules to implement or enforce the provisions | 26 |
| of this amendatory Act of the 95th General Assembly. If, |
|
|
|
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LRB095 14924 RLC 51226 a |
|
| 1 |
| however, the Governor believes that rules are necessary to | 2 |
| implement or enforce the provisions of this amendatory Act of | 3 |
| the 95th General Assembly, the Governor may suggest rules to | 4 |
| the General Assembly by filing them with the Clerk of the House | 5 |
| and the Secretary of the Senate and by requesting that the | 6 |
| General Assembly authorize such rulemaking by law, enact those | 7 |
| suggested rules into law, or take any other appropriate action | 8 |
| in the General Assembly's discretion. Nothing contained in this | 9 |
| amendatory Act of the 95th General Assembly shall be | 10 |
| interpreted to grant rulemaking authority under any other | 11 |
| Illinois statute where such authority is not otherwise | 12 |
| explicitly given. For the purposes of this Section, "rules" is | 13 |
| given the meaning contained in Section 1-70 of the Illinois | 14 |
| Administrative Procedure Act, and "agency" and "agency head" | 15 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 16 |
| the Illinois Administrative Procedure Act to the extent that | 17 |
| such definitions apply to agencies or agency heads under the | 18 |
| jurisdiction of the Governor. | 19 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| 20 |
| (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 21 |
| Sec. 3-3-3. Eligibility for Parole or Release.
| 22 |
| (a) Except for those offenders who accept the fixed release
| 23 |
| date established by the Prisoner Review Board under Section
| 24 |
| 3-3-2.1, every person serving a term of imprisonment under
the | 25 |
| law in effect prior to the effective date of this
amendatory |
|
|
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LRB095 14924 RLC 51226 a |
|
| 1 |
| Act of 1977 shall be eligible for parole when
he has served:
| 2 |
| (1) the minimum term of an indeterminate sentence less
| 3 |
| time credit for good behavior, or 20 years less time credit
| 4 |
| for good behavior, whichever is less; or
| 5 |
| (2) 20 years of a life sentence less time credit for | 6 |
| good behavior; or
| 7 |
| (3) 20 years or one-third of a determinate sentence,
| 8 |
| whichever is less, less time credit for good behavior.
| 9 |
| (b) No person sentenced under this amendatory Act of 1977 | 10 |
| or who accepts
a release date under Section 3-3-2.1 shall be | 11 |
| eligible for parole.
| 12 |
| (c) Except for those sentenced to a term of natural
life | 13 |
| imprisonment, every person sentenced to imprisonment
under | 14 |
| this amendatory Act of 1977 or given a release date
under | 15 |
| Section 3-3-2.1 of this Act shall serve the full term
of a | 16 |
| determinate sentence less time credit for good behavior
and | 17 |
| shall then be released under the mandatory supervised
release | 18 |
| provisions of paragraph (d) of Section 5-8-1 of this Code.
| 19 |
| (d) No person serving a term of natural life imprisonment | 20 |
| may be paroled
or released except through executive clemency.
| 21 |
| (e) Every person committed to the Department of Juvenile | 22 |
| Justice under Section
5-10 of the Juvenile Court Act or Section | 23 |
| 5-750 of the Juvenile
Court Act
of 1987 or Section 5-8-6 of | 24 |
| this Code and confined in the State correctional
institutions | 25 |
| or facilities if such juvenile has not been
tried as an adult | 26 |
| shall be eligible for parole without
regard to the length of |
|
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LRB095 14924 RLC 51226 a |
|
| 1 |
| time the person has been confined
or whether the person has | 2 |
| served any minimum term imposed.
However, if a juvenile has | 3 |
| been tried as an adult he shall
only be eligible for parole or | 4 |
| mandatory supervised release
as an adult under this Section.
| 5 |
| (f) Notwithstanding any other provision of law, any | 6 |
| offender who meets the following criteria may be released by | 7 |
| the Prisoner Review Board to the custody of the United States | 8 |
| Department of Homeland Security, Immigration and Customs | 9 |
| Enforcement: | 10 |
| (1) a final order of deportation has been issued | 11 |
| against the offender; | 12 |
| (2) the offender has less than one year remaining on | 13 |
| his or her sentence of incarceration with the Department of | 14 |
| Corrections; and | 15 |
| (3) the offender is not serving a sentence for a | 16 |
| forcible felony, as defined in the Criminal Code of 1961; | 17 |
| for any offense "directed against the person", as | 18 |
| identified in Part B of Title III of the Criminal Code; for | 19 |
| any offense "affecting governmental functions", as | 20 |
| identified in Part E of Title III of the Criminal Code of | 21 |
| 1961; for any "aggravated" offense, as identified in Part F | 22 |
| of Title III of the Criminal Code of 1961; or for an | 23 |
| offense falling into a Class of felony other than Class 3 | 24 |
| or 4, as set out in the Criminal Code of 1961 and the | 25 |
| Unified Code of Corrections. | 26 |
| The Board may condition the early release of an offender |
|
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LRB095 14924 RLC 51226 a |
|
| 1 |
| under this paragraph on receipt of assurance from Immigration | 2 |
| and Customs Enforcement that the order of deportation will be | 3 |
| executed promptly and that an offender released hereunder will | 4 |
| not be released from the custody of Immigration and Customs | 5 |
| Enforcement, unless such release is a result of deportation, | 6 |
| without notice to the Board and an opportunity for issuance of | 7 |
| a parole violation warrant for the retaking of the offender. | 8 |
| If an offender released under this subsection returns | 9 |
| illegally to the United States, on notification from any | 10 |
| federal, state, or local law enforcement authority that the | 11 |
| offender is in custody, the Board shall revoke his parole or | 12 |
| mandatory supervised release. Thereafter, the offender shall | 13 |
| not be eligible for release without first having served the | 14 |
| full remainder of his term of incarceration. In such event, | 15 |
| though, the time spent in the custody of Immigration and | 16 |
| Customs Enforcement shall be credited against the remainder of | 17 |
| the term of incarceration. | 18 |
| (g) Notwithstanding any other rulemaking authority that | 19 |
| may exist, neither the Governor nor any agency or agency head | 20 |
| under the jurisdiction of the Governor has any authority to | 21 |
| make or promulgate rules to implement or enforce the provisions | 22 |
| of this amendatory Act of the 95th General Assembly. If, | 23 |
| however, the Governor believes that rules are necessary to | 24 |
| implement or enforce the provisions of this amendatory Act of | 25 |
| the 95th General Assembly, the Governor may suggest rules to | 26 |
| the General Assembly by filing them with the Clerk of the House |
|
|
|
09500HB5756ham004 |
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LRB095 14924 RLC 51226 a |
|
| 1 |
| and the Secretary of the Senate and by requesting that the | 2 |
| General Assembly authorize such rulemaking by law, enact those | 3 |
| suggested rules into law, or take any other appropriate action | 4 |
| in the General Assembly's discretion. Nothing contained in this | 5 |
| amendatory Act of the 95th General Assembly shall be | 6 |
| interpreted to grant rulemaking authority under any other | 7 |
| Illinois statute where such authority is not otherwise | 8 |
| explicitly given. For the purposes of this Section, "rules" is | 9 |
| given the meaning contained in Section 1-70 of the Illinois | 10 |
| Administrative Procedure Act, and "agency" and "agency head" | 11 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 12 |
| the Illinois Administrative Procedure Act to the extent that | 13 |
| such definitions apply to agencies or agency heads under the | 14 |
| jurisdiction of the Governor. | 15 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 16 |
| (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 17 |
| Sec. 3-3-8. Length of parole and mandatory supervised
| 18 |
| release; discharge.)
| 19 |
| (a) The length of parole
for a person sentenced under the | 20 |
| law in effect prior to
the effective date of this amendatory | 21 |
| Act of 1977 and the
length of mandatory supervised release for | 22 |
| those sentenced
under the law in effect on and after such | 23 |
| effective date
shall be as set out in Section 5-8-1 unless | 24 |
| sooner terminated
under paragraph (b) of this Section. The | 25 |
| parole period
of a juvenile committed to the Department under |
|
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LRB095 14924 RLC 51226 a |
|
| 1 |
| the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | 2 |
| extend until he is 21
years of age unless sooner terminated | 3 |
| under paragraph (b) of this Section.
| 4 |
| (b) The Prisoner Review Board may enter an order
releasing | 5 |
| and discharging one from parole or mandatory
supervised | 6 |
| release, and his commitment to the Department,
when it | 7 |
| determines that he is likely to remain at liberty
without | 8 |
| committing another offense.
| 9 |
| (b-1) The Prisoner Review Board may enter an order | 10 |
| releasing and discharging an offender from parole or mandatory | 11 |
| supervised release in accordance with the provisions for early | 12 |
| release set out in subsection (f) of Section 3-3-3. | 13 |
| (c) The order of discharge shall become effective upon | 14 |
| entry of the
order of the Board. The Board shall notify the | 15 |
| clerk of the committing
court of the order. Upon receipt of | 16 |
| such copy, the clerk shall make an
entry on the record judgment | 17 |
| that the sentence or commitment has been
satisfied pursuant to | 18 |
| the order.
| 19 |
| (d) Rights of the person discharged under this
Section | 20 |
| shall be restored under Section 5-5-5. This Section is subject | 21 |
| to
Section 5-750 of the Juvenile Court Act of 1987.
| 22 |
| (e) Notwithstanding any other rulemaking authority that | 23 |
| may exist, neither the Governor nor any agency or agency head | 24 |
| under the jurisdiction of the Governor has any authority to | 25 |
| make or promulgate rules to implement or enforce the provisions | 26 |
| of this amendatory Act of the 95th General Assembly. If, |
|
|
|
09500HB5756ham004 |
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LRB095 14924 RLC 51226 a |
|
| 1 |
| however, the Governor believes that rules are necessary to | 2 |
| implement or enforce the provisions of this amendatory Act of | 3 |
| the 95th General Assembly, the Governor may suggest rules to | 4 |
| the General Assembly by filing them with the Clerk of the House | 5 |
| and the Secretary of the Senate and by requesting that the | 6 |
| General Assembly authorize such rulemaking by law, enact those | 7 |
| suggested rules into law, or take any other appropriate action | 8 |
| in the General Assembly's discretion. Nothing contained in this | 9 |
| amendatory Act of the 95th General Assembly shall be | 10 |
| interpreted to grant rulemaking authority under any other | 11 |
| Illinois statute where such authority is not otherwise | 12 |
| explicitly given. For the purposes of this Section, "rules" is | 13 |
| given the meaning contained in Section 1-70 of the Illinois | 14 |
| Administrative Procedure Act, and "agency" and "agency head" | 15 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 16 |
| the Illinois Administrative Procedure Act to the extent that | 17 |
| such definitions apply to agencies or agency heads under the | 18 |
| jurisdiction of the Governor. | 19 |
| (Source: P.A. 90-590, eff. 1-1-99.)".
|
|