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Rep. Anna Moeller
Filed: 4/8/2015
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1 | | AMENDMENT TO HOUSE BILL 4089
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2 | | AMENDMENT NO. ______. Amend House Bill 4089 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The County Jail Act is amended by changing |
5 | | Section 14 as follows:
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6 | | (730 ILCS 125/14) (from Ch. 75, par. 114)
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7 | | Sec. 14.
At any time, in the opinion of the Warden, the |
8 | | lives or health
of the prisoners are endangered or the security |
9 | | of the penal institution is threatened, to such a degree as to |
10 | | render their removal
necessary, the Warden may cause an |
11 | | individual prisoner or a group of prisoners to be removed to |
12 | | some suitable
place within the county, or to the jail of some |
13 | | convenient county, where
they may be confined until they can be |
14 | | safely returned to the place whence
they were removed. No |
15 | | prisoner charged with a felony shall be removed by
the warden |
16 | | to a Mental Health or Developmental Disabilities facility as
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1 | | defined in the Mental Health and Developmental Disabilities |
2 | | Code, except as
specifically authorized by Article 104 or 115 |
3 | | of the Code of Criminal Procedure of
1963, or the Mental Health |
4 | | and Developmental Disabilities Code. Any place
to which the |
5 | | prisoners are so removed shall,
during their imprisonment |
6 | | there, be deemed, as to such prisoners, a prison
of the county |
7 | | in which they were originally confined; but, they shall be
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8 | | under the care, government and direction of the Warden of the |
9 | | jail of the
county in which they are confined. When any |
10 | | criminal detainee is transferred to the custody of the |
11 | | Department of Human Services, the warden shall supply the |
12 | | Department of Human Services with all of the legally available |
13 | | information as described in 20 Ill. Adm. Code 701.60(f).
When a |
14 | | criminal detainee is delivered to the custody of the |
15 | | Department, the following information must be included with the |
16 | | items delivered: |
17 | | (1) the sentence imposed; |
18 | | (2) any findings of great bodily harm made by the court; |
19 | | (3) any statement by the court on the basis for imposing |
20 | | the sentence; |
21 | | (4) any presentence reports; |
22 | | (5) any sex offender evaluations; |
23 | | (6) any substance abuse treatment eligibility screening |
24 | | and assessment of the criminal detainee by an agent designated |
25 | | by the State to provide assessments for Illinois courts; |
26 | | (7) the number of days, if any, which the criminal detainee |
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1 | | has been in custody and for which he or she is entitled to |
2 | | credit against the sentence. Certification of jail credit time |
3 | | shall include any time served in the custody of the Illinois |
4 | | Department of Human Services-Division of Mental Health or |
5 | | Division of Developmental Disabilities, time served in another |
6 | | state or federal jurisdiction, and any time served while on |
7 | | probation or periodic imprisonment; |
8 | | (8) State's Attorney's statement of facts, including the |
9 | | facts and circumstances of the offenses for which the criminal |
10 | | detainee was committed, any other factual information |
11 | | accessible to the State's Attorney prior to the commitment to |
12 | | the Department relative to the criminal detainee's habits, |
13 | | associates, disposition, and reputation or other information |
14 | | that may aid the Department during the custody of the criminal |
15 | | detainee. If the statement is unavailable at the time of |
16 | | delivery, the statement must be transmitted within 10 days |
17 | | after receipt by the clerk of the court; |
18 | | (9) any medical or mental health records or summaries; |
19 | | (10) any victim impact statements; |
20 | | (11) name of municipalities where the arrest of the |
21 | | criminal detainee and the commission of the offense occurred, |
22 | | if the municipality has a population of more than 25,000 |
23 | | persons; |
24 | | (12) all additional matters that the court directs the |
25 | | clerk to transmit; |
26 | | (13) a record of the criminal detainee's time and his or |
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1 | | her behavior and conduct while in the custody of the county. |
2 | | Any action on the part of the criminal detainee that might |
3 | | affect his or her security status with the Department, |
4 | | including, but not limited to, an escape attempt, participation |
5 | | in a riot, or a suicide attempt should be included in the |
6 | | record; and |
7 | | (14) the mittimus or sentence (judgment) order that |
8 | | provides the following information: |
9 | | (A) the criminal case number, names and citations of |
10 | | the offenses, judge's name, date of sentence, and, if |
11 | | applicable, whether the sentences are to be served |
12 | | concurrently or consecutively; |
13 | | (B) the number of days spent in custody; and |
14 | | (C) if applicable, the calculation of pre-trial |
15 | | program sentence credit awarded by the court to the |
16 | | criminal detainee, including, at a minimum, identification |
17 | | of the type of pre-trial program the criminal detainee |
18 | | participated in and the number of eligible days the court |
19 | | finds the criminal detainee spent in the pre-trial program |
20 | | multiplied by the calculation factor of 0.5 for the total |
21 | | court-awarded credit.
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22 | | (Source: P.A. 97-104, eff. 1-1-12.)
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.".
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