State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Camille Y. Lilly


730 ILCS 5/3-1-2  from Ch. 38, par. 1003-1-2
730 ILCS 5/3-2-7  from Ch. 38, par. 1003-2-7
730 ILCS 5/3-2.5-15

    Amends the Unified Code of Corrections. Provides that the Department of Corrections and the Department of Juvenile Justice shall require their correctional officers to undergo mental health screenings and tests and shall develop rules to monitor and track their interaction with committed persons and to provide for discharge or other assignments for officers who are mentally unable to interact with committed persons. Defines "correctional officer".

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1    AN ACT concerning criminal law.
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 Sections 3-1-2, 3-2-7, and 3-2.5-15 as follows:
6    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
7    Sec. 3-1-2. Definitions.
8    (a) "Chief Administrative Officer" means the person
9designated by the Director to exercise the powers and duties
10of the Department of Corrections in regard to committed
11persons within a correctional institution or facility, and
12includes the superintendent of any juvenile institution or
14    (a-3) "Aftercare release" means the conditional and
15revocable release of a person committed to the Department of
16Juvenile Justice under the Juvenile Court Act of 1987, under
17the supervision of the Department of Juvenile Justice.
18    (a-5) "Sex offense" for the purposes of paragraph (16) of
19subsection (a) of Section 3-3-7, paragraph (10) of subsection
20(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
21Section 5-6-3.1 only means:
22        (i) A violation of any of the following Sections of
23    the Criminal Code of 1961 or the Criminal Code of 2012:



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1    10-7 (aiding or abetting child abduction under Section
2    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
3    solicitation of a child), 11-6.5 (indecent solicitation of
4    an adult), 11-14.4 (promoting juvenile prostitution),
5    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
6    (keeping a place of juvenile prostitution), 11-18.1
7    (patronizing a juvenile prostitute), 11-19.1 (juvenile
8    pimping), 11-19.2 (exploitation of a child), 11-20.1
9    (child pornography), 11-20.1B or 11-20.3 (aggravated child
10    pornography), 11-1.40 or 12-14.1 (predatory criminal
11    sexual assault of a child), or 12-33 (ritualized abuse of
12    a child). An attempt to commit any of these offenses.
13        (ii) A violation of any of the following Sections of
14    the Criminal Code of 1961 or the Criminal Code of 2012:
15    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
16    12-14 (aggravated criminal sexual assault), 11-1.60 or
17    12-16 (aggravated criminal sexual abuse), and subsection
18    (a) of Section 11-1.50 or subsection (a) of Section 12-15
19    (criminal sexual abuse). An attempt to commit any of these
20    offenses.
21        (iii) A violation of any of the following Sections of
22    the Criminal Code of 1961 or the Criminal Code of 2012 when
23    the defendant is not a parent of the victim:
24            10-1 (kidnapping),
25            10-2 (aggravated kidnapping),
26            10-3 (unlawful restraint),



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1            10-3.1 (aggravated unlawful restraint).
2            An attempt to commit any of these offenses.
3        (iv) A violation of any former law of this State
4    substantially equivalent to any offense listed in this
5    subsection (a-5).
6    An offense violating federal law or the law of another
7state that is substantially equivalent to any offense listed
8in this subsection (a-5) shall constitute a sex offense for
9the purpose of this subsection (a-5). A finding or
10adjudication as a sexually dangerous person under any federal
11law or law of another state that is substantially equivalent
12to the Sexually Dangerous Persons Act shall constitute an
13adjudication for a sex offense for the purposes of this
14subsection (a-5).
15    (b) "Commitment" means a judicially determined placement
16in the custody of the Department of Corrections on the basis of
17delinquency or conviction.
18    (c) "Committed person" is a person committed to the
19Department, however a committed person shall not be considered
20to be an employee of the Department of Corrections for any
21purpose, including eligibility for a pension, benefits, or any
22other compensation or rights or privileges which may be
23provided to employees of the Department.
24    (c-5) "Computer scrub software" means any third-party
25added software, designed to delete information from the
26computer unit, the hard drive, or other software, which would



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1eliminate and prevent discovery of browser activity,
2including, but not limited to, Internet history, address bar
3or bars, cache or caches, and/or cookies, and which would
4over-write files in a way so as to make previous computer
5activity, including, but not limited to, website access, more
6difficult to discover.
7    (c-10) "Content-controlled tablet" means any device that
8can only access visitation applications or content relating to
9educational or personal development.
10    (d) "Correctional institution or facility" means any
11building or part of a building where committed persons are
12kept in a secured manner.
13    (d-5) "Correctional officer" means an employee of the
14Department of Corrections or the Department of Juvenile
15Justice who has custody and control over committed persons in
16an adult or juvenile correctional facility.
17    (e) "Department" means both the Department of Corrections
18and the Department of Juvenile Justice of this State, unless
19the context is specific to either the Department of
20Corrections or the Department of Juvenile Justice.
21    (f) "Director" means both the Director of Corrections and
22the Director of Juvenile Justice, unless the context is
23specific to either the Director of Corrections or the Director
24of Juvenile Justice.
25    (f-5) (Blank).
26    (g) "Discharge" means the final termination of a



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1commitment to the Department of Corrections.
2    (h) "Discipline" means the rules and regulations for the
3maintenance of order and the protection of persons and
4property within the institutions and facilities of the
5Department and their enforcement.
6    (i) "Escape" means the intentional and unauthorized
7absence of a committed person from the custody of the
9    (j) "Furlough" means an authorized leave of absence from
10the Department of Corrections for a designated purpose and
11period of time.
12    (k) "Parole" means the conditional and revocable release
13of a person committed to the Department of Corrections under
14the supervision of a parole officer.
15    (l) "Prisoner Review Board" means the Board established in
16Section 3-3-1(a), independent of the Department, to review
17rules and regulations with respect to good time credits, to
18hear charges brought by the Department against certain
19prisoners alleged to have violated Department rules with
20respect to good time credits, to set release dates for certain
21prisoners sentenced under the law in effect prior to February
221, 1978 (the effective date of Public Act 80-1099) this
23Amendatory Act of 1977, to hear and decide the time of
24aftercare release for persons committed to the Department of
25Juvenile Justice under the Juvenile Court Act of 1987 to hear
26requests and make recommendations to the Governor with respect



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1to pardon, reprieve or commutation, to set conditions for
2parole, aftercare release, and mandatory supervised release
3and determine whether violations of those conditions justify
4revocation of parole or release, and to assume all other
5functions previously exercised by the Illinois Parole and
6Pardon Board.
7    (m) Whenever medical treatment, service, counseling, or
8care is referred to in this Unified Code of Corrections, such
9term may be construed by the Department or Court, within its
10discretion, to include treatment, service, or counseling by a
11Christian Science practitioner or nursing care appropriate
12therewith whenever request therefor is made by a person
13subject to the provisions of this Code Act.
14    (n) "Victim" shall have the meaning ascribed to it in
15subsection (a) of Section 3 of the Bill of Rights of Crime for
16Victims and Witnesses of Violent Crime Act.
17    (o) "Wrongfully imprisoned person" means a person who has
18been discharged from a prison of this State and has received:
19        (1) a pardon from the Governor stating that such
20    pardon is issued on the ground of innocence of the crime
21    for which he or she was imprisoned; or
22        (2) a certificate of innocence from the Circuit Court
23    as provided in Section 2-702 of the Code of Civil
24    Procedure.
25(Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)



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1    (730 ILCS 5/3-2-7)  (from Ch. 38, par. 1003-2-7)
2    Sec. 3-2-7. Staff Training and Development.
3    (a) The Department shall train its own personnel and any
4personnel from local agencies by agreements under Section
6    (b) To develop and train its personnel, the Department may
7make grants in aid for academic study and training in fields
8related to corrections. The Department shall establish rules
9for the conditions and amounts of such grants. The Department
10may employ any person during his program of studies and may
11require the person to work for it on completion of his program
12according to the agreement entered into between the person
13receiving the grant and the Department.
14    (c) The Department shall require its correctional officers
15to undergo mental health screenings and tests and shall
16develop rules to monitor and track their interaction with
17committed persons and to provide for discharge or other
18assignments for officers who are mentally unable to interact
19with committed persons.
20(Source: P.A. 77-2097.)
21    (730 ILCS 5/3-2.5-15)
22    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
23of duties of the Juvenile Division.
24    (a) The Department of Juvenile Justice shall assume the
25rights, powers, duties, and responsibilities of the Juvenile



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1Division of the Department of Corrections. Personnel, books,
2records, property, and unencumbered appropriations pertaining
3to the Juvenile Division of the Department of Corrections
4shall be transferred to the Department of Juvenile Justice on
5the effective date of this amendatory Act of the 94th General
6Assembly. Any rights of employees or the State under the
7Personnel Code or any other contract or plan shall be
8unaffected by this transfer.
9    (b) Department of Juvenile Justice personnel who are hired
10by the Department on or after the effective date of this
11amendatory Act of the 94th General Assembly and who
12participate or assist in the rehabilitative and vocational
13training of delinquent youths, supervise the daily activities
14involving direct and continuing responsibility for the youth's
15security, welfare and development, or participate in the
16personal rehabilitation of delinquent youth by training,
17supervising, and assisting lower level personnel who perform
18these duties must be over the age of 21 and have any bachelor's
19or advanced degree from an accredited college or university.
20This requirement shall not apply to security, clerical, food
21service, and maintenance staff that do not have direct and
22regular contact with youth. The degree requirements specified
23in this subsection (b) are not required of persons who provide
24vocational training and who have adequate knowledge in the
25skill for which they are providing the vocational training.
26    (c) Subsection (b) of this Section does not apply to



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1personnel transferred to the Department of Juvenile Justice on
2the effective date of this amendatory Act of the 94th General
4    (d) The Department shall be under the direction of the
5Director of Juvenile Justice as provided in this Code.
6    (e) The Director shall organize divisions within the
7Department and shall assign functions, powers, duties, and
8personnel as required by law. The Director may create other
9divisions and may assign other functions, powers, duties, and
10personnel as may be necessary or desirable to carry out the
11functions and responsibilities vested by law in the
12Department. The Director may, with the approval of the Office
13of the Governor, assign to and share functions, powers,
14duties, and personnel with other State agencies such that
15administrative services and administrative facilities are
16provided by a shared administrative service center. Where
17possible, shared services which impact youth should be done
18with child-serving agencies. These administrative services may
19include, but are not limited to, all of the following
20functions: budgeting, accounting related functions, auditing,
21human resources, legal, procurement, training, data collection
22and analysis, information technology, internal investigations,
23intelligence, legislative services, emergency response
24capability, statewide transportation services, and general
25office support.
26    (f) The Department of Juvenile Justice may enter into



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1intergovernmental cooperation agreements under which minors
2adjudicated delinquent and committed to the Department of
3Juvenile Justice may participate in county juvenile impact
4incarceration programs established under Section 3-6039 of the
5Counties Code.
6    (g) The Department of Juvenile Justice must comply with
7the ethnic and racial background data collection procedures
8provided in Section 4.5 of the Criminal Identification Act.
9    (h) The Department shall require its correctional officers
10to undergo mental health screenings and tests and shall
11develop rules to monitor and track their interaction with
12committed persons and to provide for discharge or other
13assignments for officers who are mentally unable to interact
14with committed persons.
15(Source: P.A. 100-19, eff. 1-1-18.)