Sen. Napoleon Harris, III

Filed: 5/14/2021





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2    AMENDMENT NO. ______. Amend House Bill 3895 on page 1, by
3inserting immediately below line 1 the following:
4    "WHEREAS, It shall be the policy of the Department of
5Corrections and the Department of Juvenile Justice to work
6together with labor partners to remove barriers to and stigma
7around seeking mental health care and to ensure a continuum of
8care available to employees without reprisal for seeking such
9treatment; therefore"; and
10by replacing everything after the enacting clause with the
12    "Section 5. The Unified Code of Corrections is amended by
13changing Sections 3-1-2, 3-2-7, and 3-2.5-15 as follows:



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1    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
2    Sec. 3-1-2. Definitions.
3    (a) "Chief Administrative Officer" means the person
4designated by the Director to exercise the powers and duties
5of the Department of Corrections in regard to committed
6persons within a correctional institution or facility, and
7includes the superintendent of any juvenile institution or
9    (a-3) "Aftercare release" means the conditional and
10revocable release of a person committed to the Department of
11Juvenile Justice under the Juvenile Court Act of 1987, under
12the supervision of the Department of Juvenile Justice.
13    (a-5) "Sex offense" for the purposes of paragraph (16) of
14subsection (a) of Section 3-3-7, paragraph (10) of subsection
15(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
16Section 5-6-3.1 only means:
17        (i) A violation of any of the following Sections of
18    the Criminal Code of 1961 or the Criminal Code of 2012:
19    10-7 (aiding or abetting child abduction under Section
20    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
21    solicitation of a child), 11-6.5 (indecent solicitation of
22    an adult), 11-14.4 (promoting juvenile prostitution),
23    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
24    (keeping a place of juvenile prostitution), 11-18.1
25    (patronizing a juvenile prostitute), 11-19.1 (juvenile
26    pimping), 11-19.2 (exploitation of a child), 11-20.1



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1    (child pornography), 11-20.1B or 11-20.3 (aggravated child
2    pornography), 11-1.40 or 12-14.1 (predatory criminal
3    sexual assault of a child), or 12-33 (ritualized abuse of
4    a child). An attempt to commit any of these offenses.
5        (ii) A violation of any of the following Sections of
6    the Criminal Code of 1961 or the Criminal Code of 2012:
7    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
8    12-14 (aggravated criminal sexual assault), 11-1.60 or
9    12-16 (aggravated criminal sexual abuse), and subsection
10    (a) of Section 11-1.50 or subsection (a) of Section 12-15
11    (criminal sexual abuse). An attempt to commit any of these
12    offenses.
13        (iii) A violation of any of the following Sections of
14    the Criminal Code of 1961 or the Criminal Code of 2012 when
15    the defendant is not a parent of the victim:
16            10-1 (kidnapping),
17            10-2 (aggravated kidnapping),
18            10-3 (unlawful restraint),
19            10-3.1 (aggravated unlawful restraint).
20            An attempt to commit any of these offenses.
21        (iv) A violation of any former law of this State
22    substantially equivalent to any offense listed in this
23    subsection (a-5).
24    An offense violating federal law or the law of another
25state that is substantially equivalent to any offense listed
26in this subsection (a-5) shall constitute a sex offense for



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1the purpose of this subsection (a-5). A finding or
2adjudication as a sexually dangerous person under any federal
3law or law of another state that is substantially equivalent
4to the Sexually Dangerous Persons Act shall constitute an
5adjudication for a sex offense for the purposes of this
6subsection (a-5).
7    (b) "Commitment" means a judicially determined placement
8in the custody of the Department of Corrections on the basis of
9delinquency or conviction.
10    (c) "Committed person" is a person committed to the
11Department, however a committed person shall not be considered
12to be an employee of the Department of Corrections for any
13purpose, including eligibility for a pension, benefits, or any
14other compensation or rights or privileges which may be
15provided to employees of the Department.
16    (c-5) "Computer scrub software" means any third-party
17added software, designed to delete information from the
18computer unit, the hard drive, or other software, which would
19eliminate and prevent discovery of browser activity,
20including, but not limited to, Internet history, address bar
21or bars, cache or caches, and/or cookies, and which would
22over-write files in a way so as to make previous computer
23activity, including, but not limited to, website access, more
24difficult to discover.
25    (c-10) "Content-controlled tablet" means any device that
26can only access visitation applications or content relating to



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1educational or personal development.
2    (d) "Correctional institution or facility" means any
3building or part of a building where committed persons are
4kept in a secured manner.
5    (d-5) "Correctional officer" means: an employee of the
6Department of Corrections who has custody and control over
7committed persons in an adult correctional facility; or, for
8an employee of the Department of Juvenile Justice, direct care
9staff of persons committed to a juvenile facility.
10    (e) "Department" means both the Department of Corrections
11and the Department of Juvenile Justice of this State, unless
12the context is specific to either the Department of
13Corrections or the Department of Juvenile Justice.
14    (f) "Director" means both the Director of Corrections and
15the Director of Juvenile Justice, unless the context is
16specific to either the Director of Corrections or the Director
17of Juvenile Justice.
18    (f-5) (Blank).
19    (g) "Discharge" means the final termination of a
20commitment to the Department of Corrections.
21    (h) "Discipline" means the rules and regulations for the
22maintenance of order and the protection of persons and
23property within the institutions and facilities of the
24Department and their enforcement.
25    (i) "Escape" means the intentional and unauthorized
26absence of a committed person from the custody of the



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2    (j) "Furlough" means an authorized leave of absence from
3the Department of Corrections for a designated purpose and
4period of time.
5    (k) "Parole" means the conditional and revocable release
6of a person committed to the Department of Corrections under
7the supervision of a parole officer.
8    (l) "Prisoner Review Board" means the Board established in
9Section 3-3-1(a), independent of the Department, to review
10rules and regulations with respect to good time credits, to
11hear charges brought by the Department against certain
12prisoners alleged to have violated Department rules with
13respect to good time credits, to set release dates for certain
14prisoners sentenced under the law in effect prior to February
151, 1978 (the effective date of Public Act 80-1099) this
16Amendatory Act of 1977, to hear and decide the time of
17aftercare release for persons committed to the Department of
18Juvenile Justice under the Juvenile Court Act of 1987 to hear
19requests and make recommendations to the Governor with respect
20to pardon, reprieve or commutation, to set conditions for
21parole, aftercare release, and mandatory supervised release
22and determine whether violations of those conditions justify
23revocation of parole or release, and to assume all other
24functions previously exercised by the Illinois Parole and
25Pardon Board.
26    (m) Whenever medical treatment, service, counseling, or



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1care is referred to in this Unified Code of Corrections, such
2term may be construed by the Department or Court, within its
3discretion, to include treatment, service, or counseling by a
4Christian Science practitioner or nursing care appropriate
5therewith whenever request therefor is made by a person
6subject to the provisions of this Code Act.
7    (n) "Victim" shall have the meaning ascribed to it in
8subsection (a) of Section 3 of the Bill of Rights of Crime for
9Victims and Witnesses of Violent Crime Act.
10    (o) "Wrongfully imprisoned person" means a person who has
11been discharged from a prison of this State and has received:
12        (1) a pardon from the Governor stating that such
13    pardon is issued on the ground of innocence of the crime
14    for which he or she was imprisoned; or
15        (2) a certificate of innocence from the Circuit Court
16    as provided in Section 2-702 of the Code of Civil
17    Procedure.
18(Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)
19    (730 ILCS 5/3-2-7)  (from Ch. 38, par. 1003-2-7)
20    Sec. 3-2-7. Staff Training and Development.
21    (a) The Department shall train its own personnel and any
22personnel from local agencies by agreements under Section
24    (b) To develop and train its personnel, the Department may
25make grants in aid for academic study and training in fields



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1related to corrections. The Department shall establish rules
2for the conditions and amounts of such grants. The Department
3may employ any person during his program of studies and may
4require the person to work for it on completion of his program
5according to the agreement entered into between the person
6receiving the grant and the Department.
7    (c) The Department shall implement a wellness program to
8provide employees and staff with support to address both
9professional and personal challenges as they relate to the
10correctional environment. The Department shall establish
11response teams to provide comprehensive support to employees
12and staff affected by events that are both duty-related and
13not duty-related and provide training to response team
14members. The wellness program shall be accessible to any
15Department employee, whether full-time or part-time,
16contractual or temporary staff and approved volunteers. The
17wellness program may include, but not limited to, providing
18information, education, referrals, peer support, debriefing,
19and newsletters. Employee and staff access to wellness
20response team support shall be voluntary and remain
22(Source: P.A. 77-2097.)
23    (730 ILCS 5/3-2.5-15)
24    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
25of duties of the Juvenile Division.



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



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



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1office support.
2    (f) The Department of Juvenile Justice may enter into
3intergovernmental cooperation agreements under which minors
4adjudicated delinquent and committed to the Department of
5Juvenile Justice may participate in county juvenile impact
6incarceration programs established under Section 3-6039 of the
7Counties Code.
8    (g) The Department of Juvenile Justice must comply with
9the ethnic and racial background data collection procedures
10provided in Section 4.5 of the Criminal Identification Act.
11    (h) The Department of Juvenile Justice shall implement a
12wellness program to support health and wellbeing among staff
13and service providers within the Department of Juvenile
14Justice environment. The Department of Juvenile Justice shall
15establish response teams to provide support to employees and
16staff affected by events that are both duty-related and not
17duty-related and provide training to response team members.
18The Department's wellness program shall be accessible to any
19Department employee or service provider, including contractual
20employees and approved volunteers. The wellness program may
21include information sharing, education and activities designed
22to support health and well-being within the Department's
23environment. Access to wellness response team support shall be
24voluntary and remain confidential.
25(Source: P.A. 100-19, eff. 1-1-18.)".