Full Text of SB2819 97th General Assembly
SB2819enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning corrections.
| 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 3-2-2, 3-2-5, 3-5-3, 5-8-1.1, and 5-8-1.3 as | 6 | | follows:
| 7 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 8 | | Sec. 3-2-2. Powers and Duties of the Department.
| 9 | | (1) In addition to the powers, duties and responsibilities | 10 | | which are
otherwise provided by law, the Department shall have | 11 | | the following powers:
| 12 | | (a) To accept persons committed to it by the courts of | 13 | | this State for
care, custody, treatment and | 14 | | rehabilitation, and to accept federal prisoners and aliens | 15 | | over whom the Office of the Federal Detention Trustee is | 16 | | authorized to exercise the federal detention function for | 17 | | limited purposes and periods of time.
| 18 | | (b) To develop and maintain reception and evaluation | 19 | | units for purposes
of analyzing the custody and | 20 | | rehabilitation needs of persons committed to
it and to | 21 | | assign such persons to institutions and programs under its | 22 | | control
or transfer them to other appropriate agencies. In | 23 | | consultation with the
Department of Alcoholism and |
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| 1 | | Substance Abuse (now the Department of Human
Services), the | 2 | | Department of Corrections
shall develop a master plan for | 3 | | the screening and evaluation of persons
committed to its | 4 | | custody who have alcohol or drug abuse problems, and for
| 5 | | making appropriate treatment available to such persons; | 6 | | the Department
shall report to the General Assembly on such | 7 | | plan not later than April 1,
1987. The maintenance and | 8 | | implementation of such plan shall be contingent
upon the | 9 | | availability of funds.
| 10 | | (b-1) To create and implement, on January 1, 2002, a | 11 | | pilot
program to
establish the effectiveness of | 12 | | pupillometer technology (the measurement of the
pupil's
| 13 | | reaction to light) as an alternative to a urine test for | 14 | | purposes of screening
and evaluating
persons committed to | 15 | | its custody who have alcohol or drug problems. The
pilot | 16 | | program shall require the pupillometer technology to be | 17 | | used in at
least one Department of
Corrections facility. | 18 | | The Director may expand the pilot program to include an
| 19 | | additional facility or
facilities as he or she deems | 20 | | appropriate.
A minimum of 4,000 tests shall be included in | 21 | | the pilot program.
The
Department must report to the
| 22 | | General Assembly on the
effectiveness of the program by | 23 | | January 1, 2003.
| 24 | | (b-5) To develop, in consultation with the Department | 25 | | of State Police, a
program for tracking and evaluating each | 26 | | inmate from commitment through release
for recording his or |
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| 1 | | her gang affiliations, activities, or ranks.
| 2 | | (c) To maintain and administer all State correctional | 3 | | institutions and
facilities under its control and to | 4 | | establish new ones as needed. Pursuant
to its power to | 5 | | establish new institutions and facilities, the Department
| 6 | | may, with the written approval of the Governor, authorize | 7 | | the Department of
Central Management Services to enter into | 8 | | an agreement of the type
described in subsection (d) of | 9 | | Section 405-300 of the
Department
of Central Management | 10 | | Services Law (20 ILCS 405/405-300). The Department shall
| 11 | | designate those institutions which
shall constitute the | 12 | | State Penitentiary System.
| 13 | | Pursuant to its power to establish new institutions and | 14 | | facilities, the
Department may authorize the Department of | 15 | | Central Management Services to
accept bids from counties | 16 | | and municipalities for the construction,
remodeling or | 17 | | conversion of a structure to be leased to the Department of
| 18 | | Corrections for the purposes of its serving as a | 19 | | correctional institution
or facility. Such construction, | 20 | | remodeling or conversion may be financed
with revenue bonds | 21 | | issued pursuant to the Industrial Building Revenue Bond
Act | 22 | | by the municipality or county. The lease specified in a bid | 23 | | shall be
for a term of not less than the time needed to | 24 | | retire any revenue bonds
used to finance the project, but | 25 | | not to exceed 40 years. The lease may
grant to the State | 26 | | the option to purchase the structure outright.
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| 1 | | Upon receipt of the bids, the Department may certify | 2 | | one or more of the
bids and shall submit any such bids to | 3 | | the General Assembly for approval.
Upon approval of a bid | 4 | | by a constitutional majority of both houses of the
General | 5 | | Assembly, pursuant to joint resolution, the Department of | 6 | | Central
Management Services may enter into an agreement | 7 | | with the county or
municipality pursuant to such bid.
| 8 | | (c-5) To build and maintain regional juvenile | 9 | | detention centers and to
charge a per diem to the counties | 10 | | as established by the Department to defray
the costs of | 11 | | housing each minor in a center. In this subsection (c-5),
| 12 | | "juvenile
detention center" means a facility to house | 13 | | minors during pendency of trial who
have been transferred | 14 | | from proceedings under the Juvenile Court Act of 1987 to
| 15 | | prosecutions under the criminal laws of this State in | 16 | | accordance with Section
5-805 of the Juvenile Court Act of | 17 | | 1987, whether the transfer was by operation
of
law or | 18 | | permissive under that Section. The Department shall | 19 | | designate the
counties to be served by each regional | 20 | | juvenile detention center.
| 21 | | (d) To develop and maintain programs of control, | 22 | | rehabilitation and
employment of committed persons within | 23 | | its institutions.
| 24 | | (d-5) To provide a pre-release job preparation program | 25 | | for inmates at Illinois adult correctional centers.
| 26 | | (e) To establish a system of supervision and guidance |
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| 1 | | of committed persons
in the community.
| 2 | | (f) To establish in cooperation with the Department of | 3 | | Transportation
to supply a sufficient number of prisoners | 4 | | for use by the Department of
Transportation to clean up the | 5 | | trash and garbage along State, county,
township, or | 6 | | municipal highways as designated by the Department of
| 7 | | Transportation. The Department of Corrections, at the | 8 | | request of the
Department of Transportation, shall furnish | 9 | | such prisoners at least
annually for a period to be agreed | 10 | | upon between the Director of
Corrections and the Director | 11 | | of Transportation. The prisoners used on this
program shall | 12 | | be selected by the Director of Corrections on whatever | 13 | | basis
he deems proper in consideration of their term, | 14 | | behavior and earned eligibility
to participate in such | 15 | | program - where they will be outside of the prison
facility | 16 | | but still in the custody of the Department of Corrections. | 17 | | Prisoners
convicted of first degree murder, or a Class X | 18 | | felony, or armed violence, or
aggravated kidnapping, or | 19 | | criminal sexual assault, aggravated criminal sexual
abuse | 20 | | or a subsequent conviction for criminal sexual abuse, or | 21 | | forcible
detention, or arson, or a prisoner adjudged a | 22 | | Habitual Criminal shall not be
eligible for selection to | 23 | | participate in such program. The prisoners shall
remain as | 24 | | prisoners in the custody of the Department of Corrections | 25 | | and such
Department shall furnish whatever security is | 26 | | necessary. The Department of
Transportation shall furnish |
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| 1 | | trucks and equipment for the highway cleanup
program and | 2 | | personnel to supervise and direct the program. Neither the
| 3 | | Department of Corrections nor the Department of | 4 | | Transportation shall replace
any regular employee with a | 5 | | prisoner.
| 6 | | (g) To maintain records of persons committed to it and | 7 | | to establish
programs of research, statistics and | 8 | | planning.
| 9 | | (h) To investigate the grievances of any person | 10 | | committed to the
Department, to inquire into any alleged | 11 | | misconduct by employees
or committed persons, and to | 12 | | investigate the assets
of committed persons to implement | 13 | | Section 3-7-6 of this Code; and for
these purposes it may | 14 | | issue subpoenas and compel the attendance of witnesses
and | 15 | | the production of writings and papers, and may examine | 16 | | under oath any
witnesses who may appear before it; to also | 17 | | investigate alleged violations
of a parolee's or | 18 | | releasee's conditions of parole or release; and for this
| 19 | | purpose it may issue subpoenas and compel the attendance of | 20 | | witnesses and
the production of documents only if there is | 21 | | reason to believe that such
procedures would provide | 22 | | evidence that such violations have occurred.
| 23 | | If any person fails to obey a subpoena issued under | 24 | | this subsection,
the Director may apply to any circuit | 25 | | court to secure compliance with the
subpoena. The failure | 26 | | to comply with the order of the court issued in
response |
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| 1 | | thereto shall be punishable as contempt of court.
| 2 | | (i) To appoint and remove the chief administrative | 3 | | officers, and
administer
programs of training and | 4 | | development of personnel of the Department. Personnel
| 5 | | assigned by the Department to be responsible for the
| 6 | | custody and control of committed persons or to investigate | 7 | | the alleged
misconduct of committed persons or employees or | 8 | | alleged violations of a
parolee's or releasee's conditions | 9 | | of parole shall be conservators of the peace
for those | 10 | | purposes, and shall have the full power of peace officers | 11 | | outside
of the facilities of the Department in the | 12 | | protection, arrest, retaking
and reconfining of committed | 13 | | persons or where the exercise of such power
is necessary to | 14 | | the investigation of such misconduct or violations.
| 15 | | (j) To cooperate with other departments and agencies | 16 | | and with local
communities for the development of standards | 17 | | and programs for better
correctional services in this | 18 | | State.
| 19 | | (k) To administer all moneys and properties of the | 20 | | Department.
| 21 | | (l) To report annually to the Governor on the committed
| 22 | | persons, institutions and programs of the Department.
| 23 | | (l-5) (Blank). In a confidential annual report to the | 24 | | Governor, the Department
shall
identify all inmate gangs by | 25 | | specifying each current gang's name, population
and allied | 26 | | gangs. The Department shall further specify the number of |
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| 1 | | top
leaders identified by the Department for each gang | 2 | | during the past year, and
the measures taken by the | 3 | | Department to segregate each leader from his or her
gang | 4 | | and allied gangs. The Department shall further report the | 5 | | current status
of leaders identified and segregated in | 6 | | previous years. All leaders described
in the report shall | 7 | | be identified by inmate number or other designation to
| 8 | | enable tracking, auditing, and verification without | 9 | | revealing the names of the
leaders. Because this report | 10 | | contains law enforcement intelligence information
| 11 | | collected by the Department, the report is confidential and | 12 | | not subject to
public disclosure.
| 13 | | (m) To make all rules and regulations and exercise all | 14 | | powers and duties
vested by law in the Department.
| 15 | | (n) To establish rules and regulations for | 16 | | administering a system of
good conduct credits, | 17 | | established in accordance with Section 3-6-3, subject
to | 18 | | review by the Prisoner Review Board.
| 19 | | (o) To administer the distribution of funds
from the | 20 | | State Treasury to reimburse counties where State penal
| 21 | | institutions are located for the payment of assistant | 22 | | state's attorneys'
salaries under Section 4-2001 of the | 23 | | Counties Code.
| 24 | | (p) To exchange information with the Department of | 25 | | Human Services and the
Department of Healthcare and Family | 26 | | Services
for the purpose of verifying living arrangements |
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| 1 | | and for other purposes
directly connected with the | 2 | | administration of this Code and the Illinois
Public Aid | 3 | | Code.
| 4 | | (q) To establish a diversion program.
| 5 | | The program shall provide a structured environment for | 6 | | selected
technical parole or mandatory supervised release | 7 | | violators and committed
persons who have violated the rules | 8 | | governing their conduct while in work
release. This program | 9 | | shall not apply to those persons who have committed
a new | 10 | | offense while serving on parole or mandatory supervised | 11 | | release or
while committed to work release.
| 12 | | Elements of the program shall include, but shall not be | 13 | | limited to, the
following:
| 14 | | (1) The staff of a diversion facility shall provide | 15 | | supervision in
accordance with required objectives set | 16 | | by the facility.
| 17 | | (2) Participants shall be required to maintain | 18 | | employment.
| 19 | | (3) Each participant shall pay for room and board | 20 | | at the facility on a
sliding-scale basis according to | 21 | | the participant's income.
| 22 | | (4) Each participant shall:
| 23 | | (A) provide restitution to victims in | 24 | | accordance with any court order;
| 25 | | (B) provide financial support to his | 26 | | dependents; and
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| 1 | | (C) make appropriate payments toward any other | 2 | | court-ordered
obligations.
| 3 | | (5) Each participant shall complete community | 4 | | service in addition to
employment.
| 5 | | (6) Participants shall take part in such | 6 | | counseling, educational and
other programs as the | 7 | | Department may deem appropriate.
| 8 | | (7) Participants shall submit to drug and alcohol | 9 | | screening.
| 10 | | (8) The Department shall promulgate rules | 11 | | governing the administration
of the program.
| 12 | | (r) To enter into intergovernmental cooperation | 13 | | agreements under which
persons in the custody of the | 14 | | Department may participate in a county impact
| 15 | | incarceration program established under Section 3-6038 or | 16 | | 3-15003.5 of the
Counties Code.
| 17 | | (r-5) (Blank).
| 18 | | (r-10) To systematically and routinely identify with | 19 | | respect to each
streetgang active within the correctional | 20 | | system: (1) each active gang; (2)
every existing inter-gang | 21 | | affiliation or alliance; and (3) the current leaders
in | 22 | | each gang. The Department shall promptly segregate leaders | 23 | | from inmates who
belong to their gangs and allied gangs. | 24 | | "Segregate" means no physical contact
and, to the extent | 25 | | possible under the conditions and space available at the
| 26 | | correctional facility, prohibition of visual and sound |
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| 1 | | communication. For the
purposes of this paragraph (r-10), | 2 | | "leaders" means persons who:
| 3 | | (i) are members of a criminal streetgang;
| 4 | | (ii) with respect to other individuals within the | 5 | | streetgang, occupy a
position of organizer, | 6 | | supervisor, or other position of management or
| 7 | | leadership; and
| 8 | | (iii) are actively and personally engaged in | 9 | | directing, ordering,
authorizing, or requesting | 10 | | commission of criminal acts by others, which are
| 11 | | punishable as a felony, in furtherance of streetgang | 12 | | related activity both
within and outside of the | 13 | | Department of Corrections.
| 14 | | "Streetgang", "gang", and "streetgang related" have the | 15 | | meanings ascribed to
them in Section 10 of the Illinois | 16 | | Streetgang Terrorism Omnibus Prevention
Act.
| 17 | | (s) To operate a super-maximum security institution, | 18 | | in order to
manage and
supervise inmates who are disruptive | 19 | | or dangerous and provide for the safety
and security of the | 20 | | staff and the other inmates.
| 21 | | (t) To monitor any unprivileged conversation or any | 22 | | unprivileged
communication, whether in person or by mail, | 23 | | telephone, or other means,
between an inmate who, before | 24 | | commitment to the Department, was a member of an
organized | 25 | | gang and any other person without the need to show cause or | 26 | | satisfy
any other requirement of law before beginning the |
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| 1 | | monitoring, except as
constitutionally required. The | 2 | | monitoring may be by video, voice, or other
method of | 3 | | recording or by any other means. As used in this | 4 | | subdivision (1)(t),
"organized gang" has the meaning | 5 | | ascribed to it in Section 10 of the Illinois
Streetgang | 6 | | Terrorism Omnibus Prevention Act.
| 7 | | As used in this subdivision (1)(t), "unprivileged | 8 | | conversation" or
"unprivileged communication" means a | 9 | | conversation or communication that is not
protected by any | 10 | | privilege recognized by law or by decision, rule, or order | 11 | | of
the Illinois Supreme Court.
| 12 | | (u) To establish a Women's and Children's Pre-release | 13 | | Community
Supervision
Program for the purpose of providing | 14 | | housing and services to eligible female
inmates, as | 15 | | determined by the Department, and their newborn and young
| 16 | | children.
| 17 | | (u-5) To issue an order, whenever a person committed to | 18 | | the Department absconds or absents himself or herself, | 19 | | without authority to do so, from any facility or program to | 20 | | which he or she is assigned. The order shall be certified | 21 | | by the Director, the Supervisor of the Apprehension Unit, | 22 | | or any person duly designated by the Director, with the | 23 | | seal of the Department affixed. The order shall be directed | 24 | | to all sheriffs, coroners, and police officers, or to any | 25 | | particular person named in the order. Any order issued | 26 | | pursuant to this subdivision (1) (u-5) shall be sufficient |
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| 1 | | warrant for the officer or person named in the order to | 2 | | arrest and deliver the committed person to the proper | 3 | | correctional officials and shall be executed the same as | 4 | | criminal process.
| 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, 1998, | 8 | | consider
building and operating a correctional facility within | 9 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 10 | | a facility designed to house juvenile
participants in the | 11 | | impact incarceration program.
| 12 | | (3) When the Department lets bids for contracts for medical
| 13 | | services to be provided to persons committed to Department | 14 | | facilities by
a health maintenance organization, medical | 15 | | service corporation, or other
health care provider, the bid may | 16 | | only be let to a health care provider
that has obtained an | 17 | | irrevocable letter of credit or performance bond
issued by a | 18 | | company whose bonds are rated AAA by a bond rating
| 19 | | organization.
| 20 | | (4) When the Department lets bids for
contracts for food or | 21 | | commissary services to be provided to
Department facilities, | 22 | | the bid may only be let to a food or commissary
services | 23 | | provider that has obtained an irrevocable letter of
credit or | 24 | | performance bond issued by a company whose bonds are rated
AAA | 25 | | by a bond rating organization.
| 26 | | (Source: P.A. 96-1265, eff. 7-26-10.)
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| 1 | | (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
| 2 | | Sec. 3-2-5. Organization of the Department of Corrections | 3 | | and the Department of Juvenile Justice.
| 4 | | (a) There shall be an Adult Division within the Department | 5 | | which shall
be administered by an Assistant Director appointed | 6 | | by the Governor under
The Civil Administrative Code of | 7 | | Illinois. The Assistant Director shall be
under the direction | 8 | | of the Director. The Adult Division shall be
responsible for | 9 | | all persons committed or transferred to the Department
under | 10 | | Sections 3-10-7 or 5-8-6 of this Code.
| 11 | | (b)
There shall be a Department of Juvenile Justice which | 12 | | shall be administered by a Director appointed by the Governor | 13 | | under the Civil Administrative Code of Illinois. The Department | 14 | | of Juvenile Justice shall be responsible for all persons under | 15 | | 17 years of age when sentenced to imprisonment and committed to | 16 | | the Department under subsection (c) of Section 5-8-6 of this | 17 | | Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 | 18 | | of the Juvenile Court Act of 1987. Persons under 17 years of | 19 | | age committed to the Department of Juvenile Justice pursuant to | 20 | | this Code shall be sight and sound separate from adult | 21 | | offenders committed to the Department of Corrections.
| 22 | | (c) The Department shall create a gang intelligence unit | 23 | | under the
supervision of the Director. The unit shall be | 24 | | specifically designed to gather
information regarding the | 25 | | inmate gang population, monitor the activities of
gangs, and |
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| 1 | | prevent the furtherance of gang activities through the | 2 | | development
and implementation of policies aimed at deterring | 3 | | gang activity. The Director
shall appoint a Corrections | 4 | | Intelligence Coordinator.
| 5 | | All information collected and maintained by the unit shall | 6 | | be highly
confidential, and access to that information shall be | 7 | | restricted by the
Department. The information
shall be used to | 8 | | control and limit the activities of gangs within correctional
| 9 | | institutions under the jurisdiction of the Illinois
Department | 10 | | of Corrections and may be shared with other law enforcement | 11 | | agencies
in order to curb gang activities outside of | 12 | | correctional institutions under the
jurisdiction of the | 13 | | Department and to assist in
the investigations and prosecutions | 14 | | of gang activity. The Department shall
establish and promulgate | 15 | | rules governing the release of information to outside
law | 16 | | enforcement agencies. Due to the highly sensitive nature of the
| 17 | | information, the information is exempt from requests for | 18 | | disclosure under the
Freedom
of Information Act as the | 19 | | information contained is highly confidential and may
be harmful | 20 | | if disclosed.
| 21 | | The Department shall file an annual report with the General | 22 | | Assembly on the
profile of the inmate
population associated | 23 | | with gangs, gang-related activity within correctional
| 24 | | institutions under the jurisdiction of the Department,
and an | 25 | | overall status of the unit as it relates to its function and
| 26 | | performance.
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| 1 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 2 | | (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
| 3 | | Sec. 3-5-3. Annual and other Reports.
| 4 | | (a) The Director shall make an annual report to the | 5 | | Governor and General Assembly under
Section 5-650 of the | 6 | | Departments of State Government Law (20 ILCS
5/5-650), | 7 | | concerning the
state and condition of all persons committed to | 8 | | the Department, its
institutions, facilities and programs, of | 9 | | all moneys expended and received,
and on what accounts expended | 10 | | and received. The report may also include an
abstract of all | 11 | | reports made to the Department by individual institutions,
| 12 | | facilities or programs during the preceding year.
| 13 | | (b) (Blank). The Director shall make an annual report to | 14 | | the Governor and to the
State Legislature on any inadequacies | 15 | | in the institutions, facilities or
programs of the Department | 16 | | and also such amendments to the laws of the
State which in his | 17 | | judgment are necessary in order to best advance the
purposes of | 18 | | this Code.
| 19 | | (c) The Director may require such reports from division | 20 | | administrators,
chief administrative officers and other | 21 | | personnel as he deems necessary for
the administration of the | 22 | | Department.
| 23 | | (d) (Blank). The Department of Corrections shall, by | 24 | | January 1, 1990,
January 1, 1991, and every 2
years thereafter, | 25 | | transmit to the Governor and the General Assembly a 5 year
long |
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| 1 | | range planning document for adult female offenders under the
| 2 | | Department's supervision. The document shall detail how the | 3 | | Department
plans to meet the housing, educational/training, | 4 | | Correctional Industries
and programming needs of the | 5 | | escalating adult female offender population.
| 6 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 7 | | (730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
| 8 | | Sec. 5-8-1.1. Impact incarceration.
| 9 | | (a) The Department may establish
and operate an impact | 10 | | incarceration
program for eligible offenders. If the court | 11 | | finds under
Section 5-4-1 that
an offender sentenced to a term | 12 | | of imprisonment for a felony may meet the
eligibility | 13 | | requirements of the Department, the court may in its
sentencing | 14 | | order
approve the offender for placement in the impact | 15 | | incarceration program
conditioned upon his acceptance in the | 16 | | program by the Department.
Notwithstanding the sentencing | 17 | | provisions of this Code, the sentencing
order also shall | 18 | | provide that if the Department accepts the offender in the
| 19 | | program and determines that the offender has successfully | 20 | | completed the
impact incarceration program, the sentence shall | 21 | | be reduced to time
considered served upon certification to the | 22 | | court by the Department that
the offender has successfully | 23 | | completed the program. In the event the
offender is not | 24 | | accepted for placement in the impact incarceration program
or | 25 | | the offender does not successfully complete the program,
his |
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| 1 | | term of imprisonment shall be as set forth by the court in its | 2 | | sentencing
order.
| 3 | | (b) In order to be eligible to participate in the impact | 4 | | incarceration
program, the committed person shall meet all of | 5 | | the following requirements:
| 6 | | (1) The person must be not less than 17 years of age | 7 | | nor more than 35 years of age.
| 8 | | (2) The person has not previously participated in the | 9 | | impact
incarceration program and has not previously served | 10 | | more than one
prior sentence of imprisonment for a felony | 11 | | in an adult correctional
facility.
| 12 | | (3) The person has not been convicted of a Class X | 13 | | felony,
first or
second degree murder, armed violence, | 14 | | aggravated kidnapping, criminal
sexual assault, aggravated | 15 | | criminal sexual abuse or a subsequent conviction for
| 16 | | criminal sexual abuse, forcible detention, residential | 17 | | arson, place of
worship arson, or arson and has not
been | 18 | | convicted previously of any of those offenses.
| 19 | | (4) The person has been sentenced to a term of | 20 | | imprisonment of 8
years or less.
| 21 | | (5) The person must be physically able to participate | 22 | | in strenuous
physical activities or labor.
| 23 | | (6) The person must not have any mental disorder or | 24 | | disability that
would prevent participation in the impact | 25 | | incarceration program.
| 26 | | (7) The person has consented in writing to |
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| 1 | | participation in the impact
incarceration program and to | 2 | | the terms and conditions thereof.
| 3 | | (8) The person was recommended and approved for | 4 | | placement in the
impact incarceration
program in the | 5 | | court's sentencing order.
| 6 | | The Department may also consider, among other matters, | 7 | | whether the
committed person has any outstanding detainers or | 8 | | warrants, whether the
committed person has a history of | 9 | | escaping or absconding, whether
participation in the impact | 10 | | incarceration program may pose a risk to the
safety or security | 11 | | of any person and whether space is available.
| 12 | | (c) The impact incarceration program shall include, among | 13 | | other matters,
mandatory physical training and labor, military | 14 | | formation and drills,
regimented activities, uniformity of | 15 | | dress and appearance, education and
counseling, including drug | 16 | | counseling where appropriate.
| 17 | | (d) Privileges including visitation, commissary, receipt | 18 | | and retention
of property and publications and access to | 19 | | television, radio and a library
may be suspended or restricted, | 20 | | notwithstanding provisions to the contrary in this Code.
| 21 | | (e) Committed persons participating in the impact | 22 | | incarceration program
shall adhere to all Department rules and | 23 | | all requirements of the program.
Committed persons shall be | 24 | | informed of rules of behavior and conduct.
Disciplinary | 25 | | procedures required by this Code or by Department rule are not
| 26 | | applicable except in those instances in which the Department |
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| 1 | | seeks to revoke good time.
| 2 | | (f) Participation in the impact incarceration program | 3 | | shall be for a
period of 120 to 180 days. The period of time a | 4 | | committed person shall
serve in the impact incarceration | 5 | | program shall not be reduced by the
accumulation of good time.
| 6 | | (g) The committed person shall serve a term of mandatory | 7 | | supervised
release as set forth in subsection (d) of Section | 8 | | 5-8-1.
| 9 | | (h) A committed person may be removed from the program for | 10 | | a violation
of the terms or conditions of the program or in the | 11 | | event he is for any
reason unable to participate. The | 12 | | Department shall promulgate rules and
regulations governing | 13 | | conduct which could result in removal from the
program or in a | 14 | | determination that the committed person has not
successfully | 15 | | completed the program. Committed persons shall have access to
| 16 | | such rules, which shall provide that a committed person shall | 17 | | receive
notice and have the opportunity to appear before and | 18 | | address one or more
hearing officers. A committed person may be | 19 | | transferred to any of the
Department's facilities prior to the | 20 | | hearing.
| 21 | | (i) The Department may terminate the impact incarceration | 22 | | program at any
time.
| 23 | | (j) The Department shall report to the Governor and the | 24 | | General Assembly
on or before September 30th of each year on | 25 | | the impact incarceration
program, including the composition of | 26 | | the program by the offenders, by
county of commitment, |
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| 1 | | sentence, age, offense and race.
| 2 | | (k) The Department of Corrections shall consider the | 3 | | affirmative
action plan approved by the Department of Human | 4 | | Rights in hiring staff at
the impact incarceration facilities. | 5 | | The Department shall report to the
Director of Human Rights on | 6 | | or before April 1 of the year on the sex, race
and national | 7 | | origin of persons employed at each impact incarceration | 8 | | facility.
| 9 | | (Source: P.A. 93-169, eff. 7-10-03.)
| 10 | | (730 ILCS 5/5-8-1.3)
| 11 | | Sec. 5-8-1.3. Pilot residential and transition treatment | 12 | | program for women.
| 13 | | (a) The General Assembly recognizes:
| 14 | | (1) that drug-offending women with children who have | 15 | | been in and out of
the criminal justice system for years | 16 | | are a serious problem;
| 17 | | (2) that the intergenerational cycle of women | 18 | | continuously
being part of the criminal justice system | 19 | | needs to be broken;
| 20 | | (3) that the effects of drug offending women with | 21 | | children
disrupts family harmony and creates an atmosphere | 22 | | that is
not conducive to healthy childhood development;
| 23 | | (4) that there is a need for an effective residential
| 24 | | community supervision model to provide help to women to
| 25 | | become drug free, recover from trauma, focus on healthy
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| 1 | | mother-child relationships, and establish economic
| 2 | | independence and long-term support;
| 3 | | (5) that certain non-violent women offenders with | 4 | | children
eligible for sentences of incarceration, may | 5 | | benefit from
the rehabilitative aspects of gender | 6 | | responsive
treatment programs and services. This Section | 7 | | shall
not be construed to allow violent offenders to
| 8 | | participate in a treatment program.
| 9 | | (b) Under the direction of the sheriff and with the | 10 | | approval of
the county board of commissioners, the sheriff, in | 11 | | any county with more
than 3,000,000 inhabitants, may operate a | 12 | | residential and
transition treatment program for women | 13 | | established by the Illinois Department
of Corrections if | 14 | | funding has been provided by federal, local or private
| 15 | | entities. If the court finds during the
sentencing hearing | 16 | | conducted under Section 5-4-1 that a woman convicted
of a | 17 | | felony meets the eligibility requirements of the sheriff's
| 18 | | residential and transition treatment program for women, the | 19 | | court may
refer the offender to the sheriff's residential and | 20 | | transition
treatment program for women for consideration as a | 21 | | participant as an
alternative to incarceration in the | 22 | | penitentiary. The sheriff shall be
responsible for supervising | 23 | | all women who are placed in the residential
and transition | 24 | | treatment program for women for the 12-month period. In
the | 25 | | event that the woman is not accepted for placement in the | 26 | | sheriff's
residential and transition treatment program for |
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| 1 | | women, the court shall
proceed to sentence the woman to any | 2 | | other disposition authorized by
this Code. If the woman does | 3 | | not successfully complete the residential
and transition | 4 | | treatment program for women, the woman's failure to do
so shall | 5 | | constitute a violation of the sentence to the residential and
| 6 | | transition treatment program for women.
| 7 | | (c) In order to be eligible to be a participant in the | 8 | | pilot
residential and transition treatment program for women, | 9 | | the participant
shall meet all of the following conditions:
| 10 | | (1) The woman has not been convicted of a violent crime | 11 | | as
defined in subsection (c) of Section 3 of the Rights of | 12 | | Crime
Victims and Witnesses Act, a Class X felony, first or | 13 | | second
degree murder, armed violence, aggravated | 14 | | kidnapping,
criminal sexual assault, aggravated criminal | 15 | | sexual
abuse or a subsequent conviction for criminal sexual | 16 | | abuse,
forcible detention, or arson and has not been | 17 | | previously
convicted of any of those offenses.
| 18 | | (2) The woman must undergo an initial assessment | 19 | | evaluation
to determine the treatment and program plan.
| 20 | | (3) The woman was recommended and accepted for | 21 | | placement in
the pilot residential and transition | 22 | | treatment program for
women by the Department of | 23 | | Corrections and has consented in writing to
participation | 24 | | in the program under the terms and conditions
of the | 25 | | program. The Department of Corrections may consider | 26 | | whether space is
available.
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| 1 | | (d) The program may include a substance abuse treatment | 2 | | program
designed for women offenders, mental health, trauma, | 3 | | and medical
treatment; parenting skills and family | 4 | | relationship counseling, preparation for
a GED or vocational | 5 | | certificate; life skills program; job readiness and job
skill | 6 | | training, and a community transition development plan.
| 7 | | (e) With the approval of the Department of Corrections, the | 8 | | sheriff shall
issue requirements for the program and
inform the | 9 | | participants who shall sign an agreement to adhere to all
rules | 10 | | and all requirements for the pilot residential and transition
| 11 | | treatment program.
| 12 | | (f) Participation in the pilot residential and transition
| 13 | | treatment program for women shall be for a period not to exceed | 14 | | 12
months. The period may not be reduced by accumulation of | 15 | | good time.
| 16 | | (g) If the woman successfully completes the pilot | 17 | | residential
and transition treatment program for women, the | 18 | | sheriff shall notify
the Department of Corrections, the court, | 19 | | and
the State's
Attorney of the county of the woman's | 20 | | successful completion.
| 21 | | (h) A woman may be removed from the pilot residential and
| 22 | | transition treatment program for women for violation of the | 23 | | terms and
conditions of the program or in the event she is | 24 | | unable to participate.
The failure to complete the program | 25 | | shall be deemed a violation of the
conditions of the program. | 26 | | The sheriff shall give notice to the Department of
Corrections, |
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| 1 | | the court, and the
State's Attorney of the woman's failure to | 2 | | complete the program.
The
Department of Corrections or its | 3 | | designee shall file a petition alleging that
the woman has | 4 | | violated the
conditions of the program with the court. The | 5 | | State's Attorney may
proceed on the petition under Section | 6 | | 5-4-1 of this Code.
| 7 | | (i) The conditions of the pilot residential and transition | 8 | | treatment
program for women shall include that the woman while | 9 | | in the program:
| 10 | | (1) not violate any criminal statute of any | 11 | | jurisdiction;
| 12 | | (2) report or appear in person before any person or
| 13 | | agency as directed by the court, the sheriff, or Department | 14 | | of Corrections;
| 15 | | (3) refrain from possessing a firearm or other | 16 | | dangerous
weapon;
| 17 | | (4) consent to drug testing;
| 18 | | (5) not leave the State without the consent of the | 19 | | court or,
in circumstances in which reason for the absence | 20 | | is of such an
emergency nature that prior consent by the | 21 | | court is not possible,
without prior notification and | 22 | | approval of the Department of Corrections;
| 23 | | (6) upon placement in the program, must agree to follow | 24 | | all
requirements of the program.
| 25 | | (j) The Department of Corrections or the sheriff may | 26 | | terminate the program
at any time by mutual agreement or with |
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| 1 | | 30 days prior written notice by either
the Department of | 2 | | Corrections or the sheriff.
| 3 | | (k) The Department of Corrections may enter into a joint | 4 | | contract with a
county with more than 3,000,000 inhabitants to | 5 | | establish and operate a pilot
residential and treatment program | 6 | | for women.
| 7 | | (l) The Director
of the Department of Corrections shall | 8 | | have the authority to develop rules to
establish and operate a | 9 | | pilot residential and treatment program for women that
shall | 10 | | include criteria for selection of the participants of the | 11 | | program in
conjunction and approval by the sentencing court. | 12 | | Violent crime offenders are
not eligible to participate in the | 13 | | program.
| 14 | | (m) The Department shall report to the Governor and the | 15 | | General Assembly
before September 30th of each year on the | 16 | | pilot residential and treatment
program for women, including | 17 | | the composition of the program by offenders,
sentence, age, | 18 | | offense, and race. Reporting is only required if the pilot | 19 | | residential and treatment program for women is operational.
| 20 | | (n) The Department of Corrections or the sheriff may | 21 | | terminate the program
with 30 days prior written notice.
| 22 | | (o) A county with more than 3,000,000 inhabitants is | 23 | | authorized to apply
for funding from federal, local or private | 24 | | entities to create a Residential
and Treatment Program for | 25 | | Women. This sentencing option may not go into
effect until the | 26 | | funding is secured for the program and the program has been
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| 1 | | established.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 3 | | (730 ILCS 5/5-5-4.3 rep.)
| 4 | | Section 10. The Unified Code of Corrections is amended by | 5 | | repealing Section 5-5-4.3.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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