Full Text of HB4089 99th General Assembly
HB4089ham001 99TH GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 4/8/2015
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| 1 | | AMENDMENT TO HOUSE BILL 4089
| 2 | | AMENDMENT NO. ______. Amend House Bill 4089 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The County Jail Act is amended by changing | 5 | | Section 14 as follows:
| 6 | | (730 ILCS 125/14) (from Ch. 75, par. 114)
| 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
| 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.
| 22 | | (Source: P.A. 97-104, eff. 1-1-12.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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