Full Text of HB0310 100th General Assembly
HB0310 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0310 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-6-4 | from Ch. 38, par. 1003-6-4 |
730 ILCS 5/3-10-8 | from Ch. 38, par. 1003-10-8 |
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Amends the Unified Code of Corrections. Provides that if one or more committed persons in a Department of Corrections institution or facility injures or attempts to injure
in a violent manner any employee, officer, guard, other peace officer
or any other committed person or damages or attempts to damage any building or
workshop, or any appurtenances thereof, or attempts to escape, or disobeys or
resists any lawful command, the employees, officers, guards and other peace
officers shall use all suitable means to defend other persons as well as themselves, to enforce the
observance of discipline, to achieve a permitted purpose, to secure the persons of the offenders, and prevent
such attempted violence or escape. Provides that use of force shall be terminated as soon as force is no longer necessary. Provides that corporal punishment is prohibited. Provides that use of chemical agents may be justified under the following circumstances: (1) when use of force is otherwise justified; (2) when lesser means are unavailable or inadequate; (3) when a committed person refuses to follow direct orders and verbalizes intent to resist the use of justified force to compel compliance with a lawful command; or (4) when a reasonable person would believe that a committed person is likely to resist the use of justified force to compel compliance with a lawful command. Provides that in a Department of Juvenile Justice facility, force shall be employed only to the degree reasonably necessary to defend oneself, another person, or to achieve a permitted purpose. Provides that use of force shall be terminated as soon as force is no longer necessary. Effective immediately.
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| | A BILL FOR |
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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 Sections 3-6-4 and 3-10-8 as follows:
| 6 | | (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
| 7 | | Sec. 3-6-4. Enforcement of Discipline - Escape.
| 8 | | (a) A committed person who escapes or attempts to escape | 9 | | from an
institution or facility of the Department of | 10 | | Corrections, or escapes or attempts to
escape while in the | 11 | | custody of an employee of the Department of Corrections, or
| 12 | | holds or participates in the holding of any person as a hostage | 13 | | by
force, threat or violence, or while participating in any | 14 | | disturbance,
demonstration or riot, causes, directs or | 15 | | participates in the
destruction of any property is guilty of a | 16 | | Class 2 felony. A committed
person who fails to return from | 17 | | furlough or from work and day release is
guilty of a Class 3 | 18 | | felony.
| 19 | | (b) If one or more committed persons injures or attempts to | 20 | | injure
in a violent manner any employee, officer, guard, other | 21 | | peace officer
or any other committed person or damages or | 22 | | attempts to damage any building or
workshop, or any | 23 | | appurtenances thereof, or attempts to escape, or disobeys or
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| 1 | | resists any lawful command, the employees, officers, guards and | 2 | | other peace
officers shall use all suitable means to defend | 3 | | themselves or other persons , to enforce the
observance of | 4 | | discipline, to achieve a permitted purpose, to secure the | 5 | | persons of the offenders, and prevent
such attempted violence | 6 | | or escape; and said employees, officers, guards, or
other peace | 7 | | officers, or any of them, shall, in the attempt to prevent the
| 8 | | escape of any such person, or in attempting to retake any such | 9 | | person who has
escaped, or in attempting to prevent or suppress | 10 | | violence by a committed person
against another person, a riot, | 11 | | revolt, mutiny or insurrection, be justified in
the use of | 12 | | force, including force likely to cause death or great bodily | 13 | | harm
under Section 7-8 of the Criminal Code of 2012 , which he | 14 | | or she reasonably believed
necessary. Use of force shall be | 15 | | terminated as soon as force is no longer necessary. Corporal | 16 | | punishment is prohibited. Use of chemical agents may be | 17 | | justified under the following circumstances: | 18 | | (1) when use of force is otherwise justified; | 19 | | (2) when lesser means are unavailable or inadequate; | 20 | | (3) when a committed person refuses to follow direct | 21 | | orders and verbalizes an intent to resist the use of | 22 | | justified force to compel compliance with a lawful command; | 23 | | or | 24 | | (4) when a reasonable person would believe that a | 25 | | committed person is likely to resist the use of justified | 26 | | force to compel compliance with a lawful command.
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| 1 | | As used in this Section, "committed person" includes a | 2 | | person held in
detention in a secure facility or committed as a | 3 | | sexually violent person and
held in a secure facility under the | 4 | | Sexually Violent Persons Commitment Act;
and "peace officer" | 5 | | means any officer or member
of any duly organized State, county | 6 | | or municipal police unit or police force.
| 7 | | (c) The Department shall establish procedures to provide | 8 | | immediate
notification of the escape of any person, as defined | 9 | | in subsection (a) of this
Section, to the persons specified in | 10 | | subsection (c) of Section
3-14-1 of this Code.
| 11 | | (Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)
| 12 | | (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
| 13 | | Sec. 3-10-8. Discipline.) | 14 | | (a)(1) Corporal punishment and
disciplinary restrictions | 15 | | on diet, medical or sanitary facilities,
clothing, bedding or | 16 | | mail are prohibited, as are reductions in
the frequency of use | 17 | | of toilets, washbowls and showers.
| 18 | | (2) Disciplinary restrictions on visitation, work, | 19 | | education
or program assignments, the use of toilets, washbowls
| 20 | | and showers shall be related as closely as practicable to
abuse | 21 | | of such privileges or facilities. This paragraph shall
not | 22 | | apply to segregation or isolation of persons for purposes
of | 23 | | institutional control.
| 24 | | (3) No person committed to the Department of Juvenile | 25 | | Justice may be
isolated for disciplinary reasons for more than |
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| 1 | | 7 consecutive
days nor more than 15 days out of any 30 day | 2 | | period except in
cases of violence or attempted violence | 3 | | committed against
another person or property when an additional | 4 | | period of
isolation for disciplinary reasons is approved by the | 5 | | chief
administrative officer. A person who has been isolated | 6 | | for
24 hours or more shall be interviewed daily by his staff
| 7 | | counselor or other staff member.
| 8 | | (4) Force shall be employed only to the degree reasonably | 9 | | necessary to defend oneself, another person, or to achieve a | 10 | | permitted purpose. Use of force shall be terminated as soon as | 11 | | force is no longer necessary. | 12 | | (b) The Department of Juvenile Justice shall establish | 13 | | rules and
regulations governing disciplinary practices, the | 14 | | penalties
for violation thereof, and the disciplinary | 15 | | procedure by which
such penalties may be imposed. The rules of | 16 | | behavior shall be
made known to each committed person, and the | 17 | | discipline shall
be suited to the infraction and fairly | 18 | | applied.
| 19 | | (c) All disciplinary action imposed upon persons in
| 20 | | institutions and facilities of the Department of Juvenile | 21 | | Justice shall
be consistent with this Section and Department | 22 | | rules and
regulations adopted hereunder.
| 23 | | (d) Disciplinary action imposed under this Section shall be
| 24 | | reviewed by the grievance procedure under Section 3-8-8.
| 25 | | (e) A written report of any infraction for which discipline
| 26 | | is imposed shall be filed with the chief administrative officer
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| 1 | | within 72 hours of the occurrence of the infraction or the
| 2 | | discovery of it and such report shall be placed in the file
of | 3 | | the institution or facility.
| 4 | | (f) All institutions and facilities of the Department of | 5 | | Juvenile Justice
shall establish, subject to the approval of | 6 | | the Director of Juvenile Justice,
procedures for disciplinary | 7 | | cases except those that may
involve the imposition of | 8 | | disciplinary isolation; delay in
referral to the Parole and | 9 | | Pardon Board or a change in work,
education or other program | 10 | | assignment of more than 7 days duration.
| 11 | | (g) In disciplinary cases which may involve the imposition
| 12 | | of disciplinary isolation, delay in referral to the Parole
and | 13 | | Pardon Board, or a change in work, education or other
program | 14 | | assignment of more than 7 days duration, the Director
shall | 15 | | establish disciplinary procedures consistent with the
| 16 | | following principles:
| 17 | | (1) Any person or persons who initiate a disciplinary | 18 | | charge
against a person shall not decide the charge. To the | 19 | | extent
possible, a person representing the counseling | 20 | | staff of the
institution or facility shall participate in | 21 | | deciding the
disciplinary case.
| 22 | | (2) Any committed person charged with a violation of
| 23 | | Department rules of behavior shall be given notice of the
| 24 | | charge including a statement of the misconduct alleged and | 25 | | of
the rules this conduct is alleged to violate.
| 26 | | (3) Any person charged with a violation of rules is |
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| 1 | | entitled
to a hearing on that charge at which time he shall | 2 | | have an
opportunity to appear before and address the person | 3 | | or persons
deciding the charge.
| 4 | | (4) The person or persons deciding the charge may also | 5 | | summon
to testify any witnesses or other persons with | 6 | | relevant
knowledge of the incident. The person charged may | 7 | | be
permitted to question any person so summoned.
| 8 | | (5) If the charge is sustained, the person charged is | 9 | | entitled
to a written statement of the decision by the | 10 | | persons deciding
the charge which shall include the basis | 11 | | for the decision and
the disciplinary action, if any, to be | 12 | | imposed.
| 13 | | (6) A change in work, education, or other program | 14 | | assignment
shall not be used for disciplinary purposes | 15 | | except as provided
in paragraph (a) of the Section and then | 16 | | only after review and
approval under Section 3-10-3.
| 17 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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