Full Text of HB4819 103rd General Assembly
HB4819enr 103RD GENERAL ASSEMBLY | | | HB4819 Enrolled | | LRB103 38202 RLC 68336 b |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-2-2 as follows: | 6 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) | 7 | | Sec. 3-2-2. Powers and duties of the Department. | 8 | | (1) In addition to the powers, duties, and | 9 | | responsibilities which are otherwise provided by law, the | 10 | | Department shall have the following powers: | 11 | | (a) To accept persons committed to it by the courts of | 12 | | this State for care, custody, treatment, and | 13 | | rehabilitation, and to accept federal prisoners and | 14 | | noncitizens over whom the Office of the Federal Detention | 15 | | Trustee is authorized to exercise the federal detention | 16 | | function for limited purposes and periods of time. | 17 | | (b) To develop and maintain reception and evaluation | 18 | | units for purposes of analyzing the custody and | 19 | | rehabilitation needs of persons committed to it and to | 20 | | assign such persons to institutions and programs under its | 21 | | control or transfer them to other appropriate agencies. In | 22 | | consultation with the Department of Alcoholism and | 23 | | Substance Abuse (now the Department of Human Services), |
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| 1 | | the Department of Corrections shall develop a master plan | 2 | | for the screening and evaluation of persons committed to | 3 | | its custody who have alcohol or drug abuse problems, and | 4 | | for making appropriate treatment available to such | 5 | | persons; the Department shall report to the General | 6 | | Assembly on such plan not later than April 1, 1987. The | 7 | | maintenance and implementation of such plan shall be | 8 | | contingent upon the availability of funds. | 9 | | (b-1) To create and implement, on January 1, 2002, a | 10 | | pilot program to establish the effectiveness of | 11 | | pupillometer technology (the measurement of the pupil's | 12 | | reaction to light) as an alternative to a urine test for | 13 | | purposes of screening and evaluating persons committed to | 14 | | its custody who have alcohol or drug problems. The pilot | 15 | | program shall require the pupillometer technology to be | 16 | | used in at least one Department of Corrections facility. | 17 | | The Director may expand the pilot program to include an | 18 | | additional facility or facilities as he or she deems | 19 | | appropriate. A minimum of 4,000 tests shall be included in | 20 | | the pilot program. The Department must report to the | 21 | | General Assembly on the effectiveness of the program by | 22 | | January 1, 2003. | 23 | | (b-5) To develop, in consultation with the Illinois | 24 | | State Police, a program for tracking and evaluating each | 25 | | inmate from commitment through release for recording his | 26 | | or her gang affiliations, activities, or ranks. |
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| 1 | | (c) To maintain and administer all State correctional | 2 | | institutions and facilities under its control and to | 3 | | establish new ones as needed. Pursuant to its power to | 4 | | establish new institutions and facilities, the Department | 5 | | may, with the written approval of the Governor, authorize | 6 | | the Department of Central Management Services to enter | 7 | | into an agreement of the type described in subsection (d) | 8 | | of Section 405-300 of the Department of Central Management | 9 | | Services Law. The Department shall designate those | 10 | | institutions which shall constitute the State Penitentiary | 11 | | System. The Department of Juvenile Justice shall maintain | 12 | | and administer all State youth centers pursuant to | 13 | | subsection (d) of Section 3-2.5-20. | 14 | | Pursuant to its power to establish new institutions | 15 | | and facilities, the Department may authorize the | 16 | | Department of Central Management Services to accept bids | 17 | | from counties and municipalities for the construction, | 18 | | remodeling, or conversion of a structure to be leased to | 19 | | the Department of Corrections for the purposes of its | 20 | | serving as a correctional institution or facility. Such | 21 | | construction, remodeling, or conversion may be financed | 22 | | with revenue bonds issued pursuant to the Industrial | 23 | | Building Revenue Bond Act by the municipality or county. | 24 | | The lease specified in a bid shall be for a term of not | 25 | | less than the time needed to retire any revenue bonds used | 26 | | to finance the project, but not to exceed 40 years. The |
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| 1 | | lease may grant to the State the option to purchase the | 2 | | structure outright. | 3 | | Upon receipt of the bids, the Department may certify | 4 | | one or more of the bids and shall submit any such bids to | 5 | | the General Assembly for approval. Upon approval of a bid | 6 | | by a constitutional majority of both houses of the General | 7 | | Assembly, pursuant to joint resolution, the Department of | 8 | | Central Management Services may enter into an agreement | 9 | | with the county or municipality pursuant to such bid. | 10 | | (c-5) To build and maintain regional juvenile | 11 | | detention centers and to charge a per diem to the counties | 12 | | as established by the Department to defray the costs of | 13 | | housing each minor in a center. In this subsection (c-5), | 14 | | "juvenile detention center" means a facility to house | 15 | | minors during pendency of trial who have been transferred | 16 | | from proceedings under the Juvenile Court Act of 1987 to | 17 | | prosecutions under the criminal laws of this State in | 18 | | accordance with Section 5-805 of the Juvenile Court Act of | 19 | | 1987, whether the transfer was by operation of law or | 20 | | permissive under that Section. The Department shall | 21 | | designate the counties to be served by each regional | 22 | | juvenile detention center. | 23 | | (d) To develop and maintain programs of control, | 24 | | rehabilitation, and employment of committed persons within | 25 | | its institutions. | 26 | | (d-5) To provide a pre-release job preparation program |
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| 1 | | for inmates at Illinois adult correctional centers. | 2 | | (d-10) To provide educational and visitation | 3 | | opportunities to committed persons within its institutions | 4 | | through temporary access to content-controlled tablets | 5 | | that may be provided as a privilege to committed persons | 6 | | to induce or reward compliance. | 7 | | (e) To establish a system of supervision and guidance | 8 | | of committed persons in the community. | 9 | | (f) To establish in cooperation with the Department of | 10 | | Transportation to supply a sufficient number of prisoners | 11 | | for use by the Department of Transportation to clean up | 12 | | the trash and garbage along State, county, township, or | 13 | | municipal highways as designated by the Department of | 14 | | Transportation. The Department of Corrections, at the | 15 | | request of the Department of Transportation, shall furnish | 16 | | such prisoners at least annually for a period to be agreed | 17 | | upon between the Director of Corrections and the Secretary | 18 | | of Transportation. The prisoners used on this program | 19 | | shall be selected by the Director of Corrections on | 20 | | whatever basis he deems proper in consideration of their | 21 | | term, behavior and earned eligibility to participate in | 22 | | such program - where they will be outside of the prison | 23 | | facility but still in the custody of the Department of | 24 | | Corrections. Prisoners convicted of first degree murder, | 25 | | or a Class X felony, or armed violence, or aggravated | 26 | | kidnapping, or criminal sexual assault, aggravated |
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| 1 | | criminal sexual abuse or a subsequent conviction for | 2 | | criminal sexual abuse, or forcible detention, or arson, or | 3 | | a prisoner adjudged a Habitual Criminal shall not be | 4 | | eligible for selection to participate in such program. The | 5 | | prisoners shall remain as prisoners in the custody of the | 6 | | Department of Corrections and such Department shall | 7 | | furnish whatever security is necessary. The Department of | 8 | | Transportation shall furnish trucks and equipment for the | 9 | | highway cleanup program and personnel to supervise and | 10 | | direct the program. Neither the Department of Corrections | 11 | | nor the Department of Transportation shall replace any | 12 | | regular employee with a prisoner. | 13 | | (g) To maintain records of persons committed to it and | 14 | | to establish programs of research, statistics, and | 15 | | planning. | 16 | | (h) To investigate the grievances of any person | 17 | | committed to the Department and to inquire into any | 18 | | alleged misconduct by employees or committed persons; and | 19 | | for these purposes it may issue subpoenas and compel the | 20 | | attendance of witnesses and the production of writings and | 21 | | papers, and may examine under oath any witnesses who may | 22 | | appear before it; to also investigate alleged violations | 23 | | of a parolee's or releasee's conditions of parole or | 24 | | release; and for this purpose it may issue subpoenas and | 25 | | compel the attendance of witnesses and the production of | 26 | | documents only if there is reason to believe that such |
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| 1 | | procedures would provide evidence that such violations | 2 | | have occurred. | 3 | | If any person fails to obey a subpoena issued under | 4 | | this subsection, the Director may apply to any circuit | 5 | | court to secure compliance with the subpoena. The failure | 6 | | to comply with the order of the court issued in response | 7 | | thereto shall be punishable as contempt of court. | 8 | | (i) To appoint and remove the chief administrative | 9 | | officers, and administer programs of training and | 10 | | development of personnel of the Department. Personnel | 11 | | assigned by the Department to be responsible for the | 12 | | custody and control of committed persons or to investigate | 13 | | the alleged misconduct of committed persons or employees | 14 | | or alleged violations of a parolee's or releasee's | 15 | | conditions of parole shall be conservators of the peace | 16 | | for those purposes, and shall have the full power of peace | 17 | | officers outside of the facilities of the Department in | 18 | | the protection, arrest, retaking, and reconfining of | 19 | | committed persons or where the exercise of such power is | 20 | | necessary to the investigation of such misconduct or | 21 | | violations. This subsection shall not apply to persons | 22 | | committed to the Department of Juvenile Justice under the | 23 | | Juvenile Court Act of 1987 on aftercare release. | 24 | | (j) To cooperate with other departments and agencies | 25 | | and with local communities for the development of | 26 | | standards and programs for better correctional services in |
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| 1 | | this State. | 2 | | (k) To administer all moneys and properties of the | 3 | | Department. | 4 | | (l) To report annually to the Governor on the | 5 | | committed persons, institutions, and programs of the | 6 | | Department. | 7 | | (l-5) (Blank). | 8 | | (m) To make all rules and regulations and exercise all | 9 | | powers and duties vested by law in the Department. | 10 | | (n) To establish rules and regulations for | 11 | | administering a system of sentence credits, established in | 12 | | accordance with Section 3-6-3, subject to review by the | 13 | | Prisoner Review Board. | 14 | | (o) To administer the distribution of funds from the | 15 | | State Treasury to reimburse counties where State penal | 16 | | institutions are located for the payment of assistant | 17 | | state's attorneys' salaries under Section 4-2001 of the | 18 | | Counties Code. | 19 | | (p) To exchange information with the Department of | 20 | | Human Services and the Department of Healthcare and Family | 21 | | Services for the purpose of verifying living arrangements | 22 | | and for other purposes directly connected with the | 23 | | administration of this Code and the Illinois Public Aid | 24 | | Code. | 25 | | (q) To establish a diversion program. | 26 | | The program shall provide a structured environment for |
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| 1 | | selected technical parole or mandatory supervised release | 2 | | violators and committed persons who have violated the | 3 | | rules governing their conduct while in work release. This | 4 | | program shall not apply to those persons who have | 5 | | committed a new offense while serving on parole or | 6 | | mandatory supervised release or while committed to work | 7 | | release. | 8 | | Elements of the program shall include, but shall not | 9 | | be limited to, the following: | 10 | | (1) The staff of a diversion facility shall | 11 | | provide supervision in accordance with required | 12 | | objectives set by the facility. | 13 | | (2) Participants shall be required to maintain | 14 | | employment. | 15 | | (3) Each participant shall pay for room and board | 16 | | at the facility on a sliding-scale basis according to | 17 | | the participant's income. | 18 | | (4) Each participant shall: | 19 | | (A) provide restitution to victims in | 20 | | accordance with any court order; | 21 | | (B) provide financial support to his | 22 | | dependents; and | 23 | | (C) make appropriate payments toward any other | 24 | | court-ordered obligations. | 25 | | (5) Each participant shall complete community | 26 | | service in addition to employment. |
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| 1 | | (6) Participants shall take part in such | 2 | | counseling, educational, and other programs as the | 3 | | Department may deem appropriate. | 4 | | (7) Participants shall submit to drug and alcohol | 5 | | screening. | 6 | | (8) The Department shall promulgate rules | 7 | | governing the administration of the program. | 8 | | (r) To enter into intergovernmental cooperation | 9 | | agreements under which persons in the custody of the | 10 | | Department may participate in a county impact | 11 | | incarceration program established under Section 3-6038 or | 12 | | 3-15003.5 of the Counties Code. | 13 | | (r-5) (Blank). | 14 | | (r-10) To systematically and routinely identify with | 15 | | respect to each streetgang active within the correctional | 16 | | system: (1) each active gang; (2) every existing | 17 | | inter-gang affiliation or alliance; and (3) the current | 18 | | leaders in each gang. The Department shall promptly | 19 | | segregate leaders from inmates who belong to their gangs | 20 | | and allied gangs. "Segregate" means no physical contact | 21 | | and, to the extent possible under the conditions and space | 22 | | available at the correctional facility, prohibition of | 23 | | visual and sound communication. For the purposes of this | 24 | | paragraph (r-10), "leaders" means persons who: | 25 | | (i) are members of a criminal streetgang; | 26 | | (ii) with respect to other individuals within the |
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| 1 | | streetgang, occupy a position of organizer, | 2 | | supervisor, or other position of management or | 3 | | leadership; and | 4 | | (iii) are actively and personally engaged in | 5 | | directing, ordering, authorizing, or requesting | 6 | | commission of criminal acts by others, which are | 7 | | punishable as a felony, in furtherance of streetgang | 8 | | related activity both within and outside of the | 9 | | Department of Corrections. | 10 | | "Streetgang", "gang", and "streetgang related" have the | 11 | | meanings ascribed to them in Section 10 of the Illinois | 12 | | Streetgang Terrorism Omnibus Prevention Act. | 13 | | (s) To operate a super-maximum security institution, | 14 | | in order to manage and supervise inmates who are | 15 | | disruptive or dangerous and provide for the safety and | 16 | | security of the staff and the other inmates. | 17 | | (t) To monitor any unprivileged conversation or any | 18 | | unprivileged communication, whether in person or by mail, | 19 | | telephone, or other means, between an inmate who, before | 20 | | commitment to the Department, was a member of an organized | 21 | | gang and any other person without the need to show cause or | 22 | | satisfy any other requirement of law before beginning the | 23 | | monitoring, except as constitutionally required. The | 24 | | monitoring may be by video, voice, or other method of | 25 | | recording or by any other means. As used in this | 26 | | subdivision (1)(t), "organized gang" has the meaning |
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| 1 | | ascribed to it in Section 10 of the Illinois Streetgang | 2 | | Terrorism Omnibus Prevention Act. | 3 | | As used in this subdivision (1)(t), "unprivileged | 4 | | conversation" or "unprivileged communication" means a | 5 | | conversation or communication that is not protected by any | 6 | | privilege recognized by law or by decision, rule, or order | 7 | | of the Illinois Supreme Court. | 8 | | (u) To establish a Women's and Children's Pre-release | 9 | | Community Supervision Program for the purpose of providing | 10 | | housing and services to eligible female inmates, as | 11 | | determined by the Department, and their newborn and young | 12 | | children. | 13 | | (u-5) To issue an order, whenever a person committed | 14 | | to the Department absconds or absents himself or herself, | 15 | | without authority to do so, from any facility or program | 16 | | to which he or she is assigned. The order shall be | 17 | | certified by the Director, the Supervisor of the | 18 | | Apprehension Unit, or any person duly designated by the | 19 | | Director, with the seal of the Department affixed. The | 20 | | order shall be directed to all sheriffs, coroners, and | 21 | | police officers, or to any particular person named in the | 22 | | order. Any order issued pursuant to this subdivision | 23 | | (1)(u-5) shall be sufficient warrant for the officer or | 24 | | person named in the order to arrest and deliver the | 25 | | committed person to the proper correctional officials and | 26 | | shall be executed the same as criminal process. |
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| 1 | | (u-6) To appoint a point of contact person who shall | 2 | | receive suggestions, complaints, or other requests to the | 3 | | Department from visitors to Department institutions or | 4 | | facilities and from other members of the public. | 5 | | (v) To do all other acts necessary to carry out the | 6 | | provisions of this Chapter. | 7 | | (2) The Department of Corrections shall by January 1, | 8 | | 1998, consider building and operating a correctional facility | 9 | | within 100 miles of a county of over 2,000,000 inhabitants, | 10 | | especially a facility designed to house juvenile participants | 11 | | in the impact incarceration program. | 12 | | (3) When the Department lets bids for contracts for | 13 | | medical services to be provided to persons committed to | 14 | | Department facilities by a health maintenance organization, | 15 | | medical service corporation, or other health care provider, | 16 | | the bid may only be let to a health care provider that has | 17 | | obtained an irrevocable letter of credit or performance bond | 18 | | issued by a company whose bonds have an investment grade or | 19 | | higher rating by a bond rating organization. | 20 | | (4) When the Department lets bids for contracts for food | 21 | | or commissary services to be provided to Department | 22 | | facilities, the bid may only be let to a food or commissary | 23 | | services provider that has obtained an irrevocable letter of | 24 | | credit or performance bond issued by a company whose bonds | 25 | | have an investment grade or higher rating by a bond rating | 26 | | organization. |
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| 1 | | (5) On and after the date 6 months after August 16, 2013 | 2 | | (the effective date of Public Act 98-488), as provided in the | 3 | | Executive Order 1 (2012) Implementation Act, all of the | 4 | | powers, duties, rights, and responsibilities related to State | 5 | | healthcare purchasing under this Code that were transferred | 6 | | from the Department of Corrections to the Department of | 7 | | Healthcare and Family Services by Executive Order 3 (2005) are | 8 | | transferred back to the Department of Corrections; however, | 9 | | powers, duties, rights, and responsibilities related to State | 10 | | healthcare purchasing under this Code that were exercised by | 11 | | the Department of Corrections before the effective date of | 12 | | Executive Order 3 (2005) but that pertain to individuals | 13 | | resident in facilities operated by the Department of Juvenile | 14 | | Justice are transferred to the Department of Juvenile Justice. | 15 | | (6) The Department of Corrections shall provide lactation | 16 | | or nursing mothers rooms for personnel of the Department. The | 17 | | rooms shall be provided in each facility of the Department | 18 | | that employs nursing mothers. Each individual lactation room | 19 | | must: | 20 | | (i) contain doors that lock; | 21 | | (ii) have an "Occupied" sign for each door; | 22 | | (iii) contain electrical outlets for plugging in | 23 | | breast pumps; | 24 | | (iv) have sufficient lighting and ventilation; | 25 | | (v) contain comfortable chairs; | 26 | | (vi) contain a countertop or table for all necessary |
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| 1 | | supplies for lactation; | 2 | | (vii) contain a wastebasket and chemical cleaners to | 3 | | wash one's hands and to clean the surfaces of the | 4 | | countertop or table; | 5 | | (viii) have a functional sink; | 6 | | (ix) have a minimum of one refrigerator for storage of | 7 | | the breast milk; and | 8 | | (x) receive routine daily maintenance. | 9 | | (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; | 10 | | 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. | 11 | | 5-13-22; 102-1030, eff. 5-27-22.) |
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