Rep. Camille Y. Lilly

Filed: 4/20/2021





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2    AMENDMENT NO. ______. Amend House Bill 3895 by replacing
3everything after the enacting clause with the following:
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



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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 require applicants for hiring as
22correctional officers to undergo mental health screenings and
23tests prior to their employment as correctional officers and
24upon their employment shall develop rules to monitor their
25interaction with committed persons and to provide for



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1discharge or other assignments for officers who are mentally
2unable to interact with committed persons.
3    (d) The Department shall create a staff in crisis
4committee for correctional officers who have mental health
5issues as a result of their employment.
6(Source: P.A. 77-2097.)
7    (730 ILCS 5/3-2.5-15)
8    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
9of duties of the Juvenile Division.
10    (a) The Department of Juvenile Justice shall assume the
11rights, powers, duties, and responsibilities of the Juvenile
12Division of the Department of Corrections. Personnel, books,
13records, property, and unencumbered appropriations pertaining
14to the Juvenile Division of the Department of Corrections
15shall be transferred to the Department of Juvenile Justice on
16the effective date of this amendatory Act of the 94th General
17Assembly. Any rights of employees or the State under the
18Personnel Code or any other contract or plan shall be
19unaffected by this transfer.
20    (b) Department of Juvenile Justice personnel who are hired
21by the Department on or after the effective date of this
22amendatory Act of the 94th General Assembly and who
23participate or assist in the rehabilitative and vocational
24training of delinquent youths, supervise the daily activities
25involving direct and continuing responsibility for the youth's



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1security, welfare and development, or participate in the
2personal rehabilitation of delinquent youth by training,
3supervising, and assisting lower level personnel who perform
4these duties must be over the age of 21 and have any bachelor's
5or advanced degree from an accredited college or university.
6This requirement shall not apply to security, clerical, food
7service, and maintenance staff that do not have direct and
8regular contact with youth. The degree requirements specified
9in this subsection (b) are not required of persons who provide
10vocational training and who have adequate knowledge in the
11skill for which they are providing the vocational training.
12    (c) Subsection (b) of this Section does not apply to
13personnel transferred to the Department of Juvenile Justice on
14the effective date of this amendatory Act of the 94th General
16    (d) The Department shall be under the direction of the
17Director of Juvenile Justice as provided in this Code.
18    (e) The Director shall organize divisions within the
19Department and shall assign functions, powers, duties, and
20personnel as required by law. The Director may create other
21divisions and may assign other functions, powers, duties, and
22personnel as may be necessary or desirable to carry out the
23functions and responsibilities vested by law in the
24Department. The Director may, with the approval of the Office
25of the Governor, assign to and share functions, powers,
26duties, and personnel with other State agencies such that



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1administrative services and administrative facilities are
2provided by a shared administrative service center. Where
3possible, shared services which impact youth should be done
4with child-serving agencies. These administrative services may
5include, but are not limited to, all of the following
6functions: budgeting, accounting related functions, auditing,
7human resources, legal, procurement, training, data collection
8and analysis, information technology, internal investigations,
9intelligence, legislative services, emergency response
10capability, statewide transportation services, and general
11office support.
12    (f) The Department of Juvenile Justice may enter into
13intergovernmental cooperation agreements under which minors
14adjudicated delinquent and committed to the Department of
15Juvenile Justice may participate in county juvenile impact
16incarceration programs established under Section 3-6039 of the
17Counties Code.
18    (g) The Department of Juvenile Justice must comply with
19the ethnic and racial background data collection procedures
20provided in Section 4.5 of the Criminal Identification Act.
21    (h) The Department of Juvenile Justice shall require
22applicants for hiring as correctional officers to undergo
23mental health screenings and tests prior to their employment
24as correctional officers and upon their employment shall
25develop rules to monitor their interaction with committed
26persons and to provide for discharge or other assignments for



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1officers who are mentally unable to interact with committed
3    (i) The Department of Juvenile Justice shall create a
4staff in crisis committee for correctional officers who have
5mental health issues as a result of their employment. The
6staff in crisis committee shall be made available for direct
7care staff who are subject to disciplinary action by the
8Department of Juvenile Justice.
9(Source: P.A. 100-19, eff. 1-1-18.)".