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1    AN ACT concerning criminal law.
2    WHEREAS, It shall be the policy of the Department of
3Corrections and the Department of Juvenile Justice to work
4together with labor partners to remove barriers to and stigma
5around seeking mental health care and to ensure a continuum of
6care available to employees without reprisal for seeking such
7treatment; therefore
8    Be it enacted by the People of the State of Illinois,
9represented in the General Assembly:
10    Section 5. The Unified Code of Corrections is amended by
11changing Sections 3-1-2, 3-2-7, and 3-2.5-15 as follows:
12    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
13    Sec. 3-1-2. Definitions.
14    (a) "Chief Administrative Officer" means the person
15designated by the Director to exercise the powers and duties
16of the Department of Corrections in regard to committed
17persons within a correctional institution or facility, and
18includes the superintendent of any juvenile institution or
20    (a-3) "Aftercare release" means the conditional and
21revocable release of a person committed to the Department of
22Juvenile Justice under the Juvenile Court Act of 1987, under



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1the supervision of the Department of Juvenile Justice.
2    (a-5) "Sex offense" for the purposes of paragraph (16) of
3subsection (a) of Section 3-3-7, paragraph (10) of subsection
4(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
5Section 5-6-3.1 only means:
6        (i) A violation of any of the following Sections of
7    the Criminal Code of 1961 or the Criminal Code of 2012:
8    10-7 (aiding or abetting child abduction under Section
9    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
10    solicitation of a child), 11-6.5 (indecent solicitation of
11    an adult), 11-14.4 (promoting juvenile prostitution),
12    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
13    (keeping a place of juvenile prostitution), 11-18.1
14    (patronizing a juvenile prostitute), 11-19.1 (juvenile
15    pimping), 11-19.2 (exploitation of a child), 11-20.1
16    (child pornography), 11-20.1B or 11-20.3 (aggravated child
17    pornography), 11-1.40 or 12-14.1 (predatory criminal
18    sexual assault of a child), or 12-33 (ritualized abuse of
19    a child). An attempt to commit any of these offenses.
20        (ii) A violation of any of the following Sections of
21    the Criminal Code of 1961 or the Criminal Code of 2012:
22    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
23    12-14 (aggravated criminal sexual assault), 11-1.60 or
24    12-16 (aggravated criminal sexual abuse), and subsection
25    (a) of Section 11-1.50 or subsection (a) of Section 12-15
26    (criminal sexual abuse). An attempt to commit any of these



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1    offenses.
2        (iii) A violation of any of the following Sections of
3    the Criminal Code of 1961 or the Criminal Code of 2012 when
4    the defendant is not a parent of the victim:
5            10-1 (kidnapping),
6            10-2 (aggravated kidnapping),
7            10-3 (unlawful restraint),
8            10-3.1 (aggravated unlawful restraint).
9            An attempt to commit any of these offenses.
10        (iv) A violation of any former law of this State
11    substantially equivalent to any offense listed in this
12    subsection (a-5).
13    An offense violating federal law or the law of another
14state that is substantially equivalent to any offense listed
15in this subsection (a-5) shall constitute a sex offense for
16the purpose of this subsection (a-5). A finding or
17adjudication as a sexually dangerous person under any federal
18law or law of another state that is substantially equivalent
19to the Sexually Dangerous Persons Act shall constitute an
20adjudication for a sex offense for the purposes of this
21subsection (a-5).
22    (b) "Commitment" means a judicially determined placement
23in the custody of the Department of Corrections on the basis of
24delinquency or conviction.
25    (c) "Committed person" is a person committed to the
26Department, however a committed person shall not be considered



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1to be an employee of the Department of Corrections for any
2purpose, including eligibility for a pension, benefits, or any
3other compensation or rights or privileges which may be
4provided to employees of the Department.
5    (c-5) "Computer scrub software" means any third-party
6added software, designed to delete information from the
7computer unit, the hard drive, or other software, which would
8eliminate and prevent discovery of browser activity,
9including, but not limited to, Internet history, address bar
10or bars, cache or caches, and/or cookies, and which would
11over-write files in a way so as to make previous computer
12activity, including, but not limited to, website access, more
13difficult to discover.
14    (c-10) "Content-controlled tablet" means any device that
15can only access visitation applications or content relating to
16educational or personal development.
17    (d) "Correctional institution or facility" means any
18building or part of a building where committed persons are
19kept in a secured manner.
20    (d-5) "Correctional officer" means: an employee of the
21Department of Corrections who has custody and control over
22committed persons in an adult correctional facility; or, for
23an employee of the Department of Juvenile Justice, direct care
24staff of persons committed to a juvenile facility.
25    (e) "Department" means both the Department of Corrections
26and the Department of Juvenile Justice of this State, unless



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1the context is specific to either the Department of
2Corrections or the Department of Juvenile Justice.
3    (f) "Director" means both the Director of Corrections and
4the Director of Juvenile Justice, unless the context is
5specific to either the Director of Corrections or the Director
6of Juvenile Justice.
7    (f-5) (Blank).
8    (g) "Discharge" means the final termination of a
9commitment to the Department of Corrections.
10    (h) "Discipline" means the rules and regulations for the
11maintenance of order and the protection of persons and
12property within the institutions and facilities of the
13Department and their enforcement.
14    (i) "Escape" means the intentional and unauthorized
15absence of a committed person from the custody of the
17    (j) "Furlough" means an authorized leave of absence from
18the Department of Corrections for a designated purpose and
19period of time.
20    (k) "Parole" means the conditional and revocable release
21of a person committed to the Department of Corrections under
22the supervision of a parole officer.
23    (l) "Prisoner Review Board" means the Board established in
24Section 3-3-1(a), independent of the Department, to review
25rules and regulations with respect to good time credits, to
26hear charges brought by the Department against certain



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1prisoners alleged to have violated Department rules with
2respect to good time credits, to set release dates for certain
3prisoners sentenced under the law in effect prior to February
41, 1978 (the effective date of Public Act 80-1099) this
5Amendatory Act of 1977, to hear and decide the time of
6aftercare release for persons committed to the Department of
7Juvenile Justice under the Juvenile Court Act of 1987 to hear
8requests and make recommendations to the Governor with respect
9to pardon, reprieve or commutation, to set conditions for
10parole, aftercare release, and mandatory supervised release
11and determine whether violations of those conditions justify
12revocation of parole or release, and to assume all other
13functions previously exercised by the Illinois Parole and
14Pardon Board.
15    (m) Whenever medical treatment, service, counseling, or
16care is referred to in this Unified Code of Corrections, such
17term may be construed by the Department or Court, within its
18discretion, to include treatment, service, or counseling by a
19Christian Science practitioner or nursing care appropriate
20therewith whenever request therefor is made by a person
21subject to the provisions of this Code Act.
22    (n) "Victim" shall have the meaning ascribed to it in
23subsection (a) of Section 3 of the Bill of Rights of Crime for
24Victims and Witnesses of Violent Crime Act.
25    (o) "Wrongfully imprisoned person" means a person who has
26been discharged from a prison of this State and has received:



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1        (1) a pardon from the Governor stating that such
2    pardon is issued on the ground of innocence of the crime
3    for which he or she was imprisoned; or
4        (2) a certificate of innocence from the Circuit Court
5    as provided in Section 2-702 of the Code of Civil
6    Procedure.
7(Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)
8    (730 ILCS 5/3-2-7)  (from Ch. 38, par. 1003-2-7)
9    Sec. 3-2-7. Staff Training and Development.
10    (a) The Department shall train its own personnel and any
11personnel from local agencies by agreements under Section
13    (b) To develop and train its personnel, the Department may
14make grants in aid for academic study and training in fields
15related to corrections. The Department shall establish rules
16for the conditions and amounts of such grants. The Department
17may employ any person during his program of studies and may
18require the person to work for it on completion of his program
19according to the agreement entered into between the person
20receiving the grant and the Department.
21    (c) The Department shall implement a wellness program to
22provide employees and staff with support to address both
23professional and personal challenges as they relate to the
24correctional environment. The Department shall establish
25response teams to provide comprehensive support to employees



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1and staff affected by events that are both duty-related and
2not duty-related and provide training to response team
3members. The wellness program shall be accessible to any
4Department employee, whether full-time or part-time,
5contractual or temporary staff and approved volunteers. The
6wellness program may include, but not limited to, providing
7information, education, referrals, peer support, debriefing,
8and newsletters. Employee and staff access to wellness
9response team support shall be voluntary and remain
11(Source: P.A. 77-2097.)
12    (730 ILCS 5/3-2.5-15)
13    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
14of duties of the Juvenile Division.
15    (a) The Department of Juvenile Justice shall assume the
16rights, powers, duties, and responsibilities of the Juvenile
17Division of the Department of Corrections. Personnel, books,
18records, property, and unencumbered appropriations pertaining
19to the Juvenile Division of the Department of Corrections
20shall be transferred to the Department of Juvenile Justice on
21the effective date of this amendatory Act of the 94th General
22Assembly. Any rights of employees or the State under the
23Personnel Code or any other contract or plan shall be
24unaffected by this transfer.
25    (b) Department of Juvenile Justice personnel who are hired



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1by the Department on or after the effective date of this
2amendatory Act of the 94th General Assembly and who
3participate or assist in the rehabilitative and vocational
4training of delinquent youths, supervise the daily activities
5involving direct and continuing responsibility for the youth's
6security, welfare and development, or participate in the
7personal rehabilitation of delinquent youth by training,
8supervising, and assisting lower level personnel who perform
9these duties must be over the age of 21 and have any bachelor's
10or advanced degree from an accredited college or university.
11This requirement shall not apply to security, clerical, food
12service, and maintenance staff that do not have direct and
13regular contact with youth. The degree requirements specified
14in this subsection (b) are not required of persons who provide
15vocational training and who have adequate knowledge in the
16skill for which they are providing the vocational training.
17    (c) Subsection (b) of this Section does not apply to
18personnel transferred to the Department of Juvenile Justice on
19the effective date of this amendatory Act of the 94th General
21    (d) The Department shall be under the direction of the
22Director of Juvenile Justice as provided in this Code.
23    (e) The Director shall organize divisions within the
24Department and shall assign functions, powers, duties, and
25personnel as required by law. The Director may create other
26divisions and may assign other functions, powers, duties, and



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1personnel as may be necessary or desirable to carry out the
2functions and responsibilities vested by law in the
3Department. The Director may, with the approval of the Office
4of the Governor, assign to and share functions, powers,
5duties, and personnel with other State agencies such that
6administrative services and administrative facilities are
7provided by a shared administrative service center. Where
8possible, shared services which impact youth should be done
9with child-serving agencies. These administrative services may
10include, but are not limited to, all of the following
11functions: budgeting, accounting related functions, auditing,
12human resources, legal, procurement, training, data collection
13and analysis, information technology, internal investigations,
14intelligence, legislative services, emergency response
15capability, statewide transportation services, and general
16office support.
17    (f) The Department of Juvenile Justice may enter into
18intergovernmental cooperation agreements under which minors
19adjudicated delinquent and committed to the Department of
20Juvenile Justice may participate in county juvenile impact
21incarceration programs established under Section 3-6039 of the
22Counties Code.
23    (g) The Department of Juvenile Justice must comply with
24the ethnic and racial background data collection procedures
25provided in Section 4.5 of the Criminal Identification Act.
26    (h) The Department of Juvenile Justice shall implement a



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1wellness program to support health and wellbeing among staff
2and service providers within the Department of Juvenile
3Justice environment. The Department of Juvenile Justice shall
4establish response teams to provide support to employees and
5staff affected by events that are both duty-related and not
6duty-related and provide training to response team members.
7The Department's wellness program shall be accessible to any
8Department employee or service provider, including contractual
9employees and approved volunteers. The wellness program may
10include information sharing, education and activities designed
11to support health and well-being within the Department's
12environment. Access to wellness response team support shall be
13voluntary and remain confidential.
14(Source: P.A. 100-19, eff. 1-1-18.)