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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 who has custody and control over
15committed persons in an adult correctional facility; or, for
16an employee of the Department of Juvenile Justice, direct care
17staff of persons committed to a juvenile facility.
18    (e) "Department" means both the Department of Corrections
19and the Department of Juvenile Justice of this State, unless
20the context is specific to either the Department of
21Corrections or the Department of Juvenile Justice.
22    (f) "Director" means both the Director of Corrections and
23the Director of Juvenile Justice, unless the context is
24specific to either the Director of Corrections or the Director
25of Juvenile Justice.
26    (f-5) (Blank).



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1    (g) "Discharge" means the final termination of a
2commitment to the Department of Corrections.
3    (h) "Discipline" means the rules and regulations for the
4maintenance of order and the protection of persons and
5property within the institutions and facilities of the
6Department and their enforcement.
7    (i) "Escape" means the intentional and unauthorized
8absence of a committed person from the custody of the
10    (j) "Furlough" means an authorized leave of absence from
11the Department of Corrections for a designated purpose and
12period of time.
13    (k) "Parole" means the conditional and revocable release
14of a person committed to the Department of Corrections under
15the supervision of a parole officer.
16    (l) "Prisoner Review Board" means the Board established in
17Section 3-3-1(a), independent of the Department, to review
18rules and regulations with respect to good time credits, to
19hear charges brought by the Department against certain
20prisoners alleged to have violated Department rules with
21respect to good time credits, to set release dates for certain
22prisoners sentenced under the law in effect prior to February
231, 1978 (the effective date of Public Act 80-1099) this
24Amendatory Act of 1977, to hear and decide the time of
25aftercare release for persons committed to the Department of
26Juvenile Justice under the Juvenile Court Act of 1987 to hear



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1requests and make recommendations to the Governor with respect
2to pardon, reprieve or commutation, to set conditions for
3parole, aftercare release, and mandatory supervised release
4and determine whether violations of those conditions justify
5revocation of parole or release, and to assume all other
6functions previously exercised by the Illinois Parole and
7Pardon Board.
8    (m) Whenever medical treatment, service, counseling, or
9care is referred to in this Unified Code of Corrections, such
10term may be construed by the Department or Court, within its
11discretion, to include treatment, service, or counseling by a
12Christian Science practitioner or nursing care appropriate
13therewith whenever request therefor is made by a person
14subject to the provisions of this Code Act.
15    (n) "Victim" shall have the meaning ascribed to it in
16subsection (a) of Section 3 of the Bill of Rights of Crime for
17Victims and Witnesses of Violent Crime Act.
18    (o) "Wrongfully imprisoned person" means a person who has
19been discharged from a prison of this State and has received:
20        (1) a pardon from the Governor stating that such
21    pardon is issued on the ground of innocence of the crime
22    for which he or she was imprisoned; or
23        (2) a certificate of innocence from the Circuit Court
24    as provided in Section 2-702 of the Code of Civil
25    Procedure.
26(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 applicants for hiring as
15correctional officers to undergo mental health screenings and
16tests prior to their employment as correctional officers and
17upon their employment shall develop rules to monitor their
18interaction with committed persons and to provide for
19discharge or other assignments for officers who are mentally
20unable to interact with committed persons.
21    (d) The Department shall create a staff in crisis
22committee for correctional officers who have mental health
23issues as a result of their employment.
24(Source: P.A. 77-2097.)



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1    (730 ILCS 5/3-2.5-15)
2    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
3of duties of the Juvenile Division.
4    (a) The Department of Juvenile Justice shall assume the
5rights, powers, duties, and responsibilities of the Juvenile
6Division of the Department of Corrections. Personnel, books,
7records, property, and unencumbered appropriations pertaining
8to the Juvenile Division of the Department of Corrections
9shall be transferred to the Department of Juvenile Justice on
10the effective date of this amendatory Act of the 94th General
11Assembly. Any rights of employees or the State under the
12Personnel Code or any other contract or plan shall be
13unaffected by this transfer.
14    (b) Department of Juvenile Justice personnel who are hired
15by the Department on or after the effective date of this
16amendatory Act of the 94th General Assembly and who
17participate or assist in the rehabilitative and vocational
18training of delinquent youths, supervise the daily activities
19involving direct and continuing responsibility for the youth's
20security, welfare and development, or participate in the
21personal rehabilitation of delinquent youth by training,
22supervising, and assisting lower level personnel who perform
23these duties must be over the age of 21 and have any bachelor's
24or advanced degree from an accredited college or university.
25This requirement shall not apply to security, clerical, food
26service, and maintenance staff that do not have direct and



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1regular contact with youth. The degree requirements specified
2in this subsection (b) are not required of persons who provide
3vocational training and who have adequate knowledge in the
4skill for which they are providing the vocational training.
5    (c) Subsection (b) of this Section does not apply to
6personnel transferred to the Department of Juvenile Justice on
7the effective date of this amendatory Act of the 94th General
9    (d) The Department shall be under the direction of the
10Director of Juvenile Justice as provided in this Code.
11    (e) The Director shall organize divisions within the
12Department and shall assign functions, powers, duties, and
13personnel as required by law. The Director may create other
14divisions and may assign other functions, powers, duties, and
15personnel as may be necessary or desirable to carry out the
16functions and responsibilities vested by law in the
17Department. The Director may, with the approval of the Office
18of the Governor, assign to and share functions, powers,
19duties, and personnel with other State agencies such that
20administrative services and administrative facilities are
21provided by a shared administrative service center. Where
22possible, shared services which impact youth should be done
23with child-serving agencies. These administrative services may
24include, but are not limited to, all of the following
25functions: budgeting, accounting related functions, auditing,
26human resources, legal, procurement, training, data collection



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1and analysis, information technology, internal investigations,
2intelligence, legislative services, emergency response
3capability, statewide transportation services, and general
4office support.
5    (f) The Department of Juvenile Justice may enter into
6intergovernmental cooperation agreements under which minors
7adjudicated delinquent and committed to the Department of
8Juvenile Justice may participate in county juvenile impact
9incarceration programs established under Section 3-6039 of the
10Counties Code.
11    (g) The Department of Juvenile Justice must comply with
12the ethnic and racial background data collection procedures
13provided in Section 4.5 of the Criminal Identification Act.
14    (h) The Department of Juvenile Justice shall require
15applicants for hiring as correctional officers to undergo
16mental health screenings and tests prior to their employment
17as correctional officers and upon their employment shall
18develop rules to monitor their interaction with committed
19persons and to provide for discharge or other assignments for
20officers who are mentally unable to interact with committed
22    (i) The Department of Juvenile Justice shall create a
23staff in crisis committee for correctional officers who have
24mental health issues as a result of their employment. The
25staff in crisis committee shall be made available for direct
26care staff who are subject to disciplinary action by the



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1Department of Juvenile Justice.
2(Source: P.A. 100-19, eff. 1-1-18.)