Full Text of SB2944 97th General Assembly
SB2944enr 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 Civil Administrative Code of Illinois is | 5 | | amended by changing Section 5-335 as follows:
| 6 | | (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
| 7 | | Sec. 5-335. In the Department of Corrections. The Director | 8 | | of Corrections
shall receive an annual salary as set by the | 9 | | Compensation Review Board.
| 10 | | The Assistant Director of Corrections Corrections - Adult | 11 | | Division shall receive
an annual salary as set by the
| 12 | | Compensation Review Board for the Assistant Director of | 13 | | Corrections-Adult Division .
| 14 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 15 | | Section 10. The Juvenile Court Act of 1987 is amended by | 16 | | changing Section 1-7 as follows:
| 17 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 18 | | Sec. 1-7. Confidentiality of law enforcement records.
| 19 | | (A) Inspection and copying of law enforcement records | 20 | | maintained by law
enforcement agencies that relate to a minor | 21 | | who has been arrested or taken
into custody before his or her |
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| 1 | | 17th birthday shall be restricted to the
following:
| 2 | | (1) Any local, State or federal law enforcement | 3 | | officers of any
jurisdiction or agency when necessary for | 4 | | the discharge of their official
duties during the | 5 | | investigation or prosecution of a crime or relating to a
| 6 | | minor who has been adjudicated delinquent and there has | 7 | | been a previous finding
that the act which constitutes the | 8 | | previous offense was committed in
furtherance of criminal | 9 | | activities by a criminal street gang, or, when necessary | 10 | | for the discharge of its official duties in connection with | 11 | | a particular investigation of the conduct of a law | 12 | | enforcement officer, an independent agency or its staff | 13 | | created by ordinance and charged by a unit of local | 14 | | government with the duty of investigating the conduct of | 15 | | law enforcement officers. For purposes of
this Section, | 16 | | "criminal street gang" has the meaning ascribed to it in
| 17 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 18 | | Prevention Act.
| 19 | | (2) Prosecutors, probation officers, social workers, | 20 | | or other
individuals assigned by the court to conduct a | 21 | | pre-adjudication or
pre-disposition investigation, and | 22 | | individuals responsible for supervising
or providing | 23 | | temporary or permanent care and custody for minors pursuant | 24 | | to
the order of the juvenile court, when essential to | 25 | | performing their
responsibilities.
| 26 | | (3) Prosecutors and probation officers:
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| 1 | | (a) in the course of a trial when institution of | 2 | | criminal proceedings
has been permitted or required | 3 | | under Section 5-805; or
| 4 | | (b) when institution of criminal proceedings has | 5 | | been permitted or required under Section 5-805 and such | 6 | | minor is the
subject
of a proceeding to determine the | 7 | | amount of bail; or
| 8 | | (c) when criminal proceedings have been permitted
| 9 | | or
required under Section 5-805 and such minor is the | 10 | | subject of a
pre-trial
investigation, pre-sentence | 11 | | investigation, fitness hearing, or proceedings
on an | 12 | | application for probation.
| 13 | | (4) Adult and Juvenile Prisoner Review Board.
| 14 | | (5) Authorized military personnel.
| 15 | | (6) Persons engaged in bona fide research, with the | 16 | | permission of the
Presiding Judge of the Juvenile Court and | 17 | | the chief executive of the respective
law enforcement | 18 | | agency; provided that publication of such research results
| 19 | | in no disclosure of a minor's identity and protects the | 20 | | confidentiality
of the minor's record.
| 21 | | (7) Department of Children and Family Services child | 22 | | protection
investigators acting in their official | 23 | | capacity.
| 24 | | (8) The appropriate school official. Inspection and | 25 | | copying
shall be limited to law enforcement records | 26 | | transmitted to the appropriate
school official by a local |
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| 1 | | law enforcement agency under a reciprocal reporting
system | 2 | | established and maintained between the school district and | 3 | | the local law
enforcement agency under Section 10-20.14 of | 4 | | the School Code concerning a minor
enrolled in a school | 5 | | within the school district who has been arrested or taken
| 6 | | into custody for any of the following offenses:
| 7 | | (i) unlawful use of weapons under Section 24-1 of | 8 | | the Criminal Code of
1961;
| 9 | | (ii) a violation of the Illinois Controlled | 10 | | Substances Act;
| 11 | | (iii) a violation of the Cannabis Control Act;
| 12 | | (iv) a forcible felony as defined in Section 2-8 of | 13 | | the Criminal Code
of 1961; or | 14 | | (v) a violation of the Methamphetamine Control and | 15 | | Community Protection Act.
| 16 | | (9) Mental health professionals on behalf of the | 17 | | Illinois Department of
Corrections or the Department of | 18 | | Human Services or prosecutors who are
evaluating, | 19 | | prosecuting, or investigating a potential or actual | 20 | | petition
brought
under the Sexually Violent Persons | 21 | | Commitment Act relating to a person who is
the
subject of | 22 | | juvenile law enforcement records or the respondent to a | 23 | | petition
brought under the Sexually Violent Persons | 24 | | Commitment Act who is the subject of
the
juvenile law | 25 | | enforcement records sought.
Any records and any | 26 | | information obtained from those records under this
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| 1 | | paragraph (9) may be used only in sexually violent persons | 2 | | commitment
proceedings.
| 3 | | (B) (1) Except as provided in paragraph (2), no law | 4 | | enforcement
officer or other person or agency may knowingly | 5 | | transmit to the Department of
Corrections , Adult Division | 6 | | or the Department of State Police or to the Federal
Bureau | 7 | | of Investigation any fingerprint or photograph relating to | 8 | | a minor who
has been arrested or taken into custody before | 9 | | his or her 17th birthday,
unless the court in proceedings | 10 | | under this Act authorizes the transmission or
enters an | 11 | | order under Section 5-805 permitting or requiring the
| 12 | | institution of
criminal proceedings.
| 13 | | (2) Law enforcement officers or other persons or | 14 | | agencies shall transmit
to the Department of State Police | 15 | | copies of fingerprints and descriptions
of all minors who | 16 | | have been arrested or taken into custody before their
17th | 17 | | birthday for the offense of unlawful use of weapons under | 18 | | Article 24 of
the Criminal Code of 1961, a Class X or Class | 19 | | 1 felony, a forcible felony as
defined in Section 2-8 of | 20 | | the Criminal Code of 1961, or a Class 2 or greater
felony | 21 | | under the Cannabis Control Act, the Illinois Controlled | 22 | | Substances Act, the Methamphetamine Control and Community | 23 | | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | 24 | | pursuant to Section 5 of the
Criminal Identification Act. | 25 | | Information reported to the Department pursuant
to this | 26 | | Section may be maintained with records that the Department |
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| 1 | | files
pursuant to Section 2.1 of the Criminal | 2 | | Identification Act. Nothing in this
Act prohibits a law | 3 | | enforcement agency from fingerprinting a minor taken into
| 4 | | custody or arrested before his or her 17th birthday for an | 5 | | offense other than
those listed in this paragraph (2).
| 6 | | (C) The records of law enforcement officers, or of an | 7 | | independent agency created by ordinance and charged by a unit | 8 | | of local government with the duty of investigating the conduct | 9 | | of law enforcement officers, concerning all minors under
17 | 10 | | years of age must be maintained separate from the records of | 11 | | arrests and
may not be open to public inspection or their | 12 | | contents disclosed to the
public except by order of the court | 13 | | presiding over matters pursuant to this Act or when the | 14 | | institution of criminal
proceedings has been permitted or | 15 | | required under Section
5-805 or such a person has been | 16 | | convicted of a crime and is the
subject of
pre-sentence | 17 | | investigation or proceedings on an application for probation
or | 18 | | when provided by law. For purposes of obtaining documents | 19 | | pursuant to this Section, a civil subpoena is not an order of | 20 | | the court. | 21 | | (1) In cases where the law enforcement, or independent | 22 | | agency, records concern a pending juvenile court case, the | 23 | | party seeking to inspect the records shall provide actual | 24 | | notice to the attorney or guardian ad litem of the minor | 25 | | whose records are sought. | 26 | | (2) In cases where the records concern a juvenile court |
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| 1 | | case that is no longer pending, the party seeking to | 2 | | inspect the records shall provide actual notice to the | 3 | | minor or the minor's parent or legal guardian, and the | 4 | | matter shall be referred to the chief judge presiding over | 5 | | matters pursuant to this Act. | 6 | | (3) In determining whether the records should be | 7 | | available for inspection, the court shall consider the | 8 | | minor's interest in confidentiality and rehabilitation | 9 | | over the moving party's interest in obtaining the | 10 | | information. Any records obtained in violation of this | 11 | | subsection (C) shall not be admissible in any criminal or | 12 | | civil proceeding, or operate to disqualify a minor from | 13 | | subsequently holding public office or securing employment, | 14 | | or operate as a forfeiture of any public benefit, right, | 15 | | privilege, or right to receive any license granted by | 16 | | public authority.
| 17 | | (D) Nothing contained in subsection (C) of this Section | 18 | | shall prohibit
the inspection or disclosure to victims and | 19 | | witnesses of photographs
contained in the records of law | 20 | | enforcement agencies when the
inspection and disclosure is | 21 | | conducted in the presence of a law enforcement
officer for the | 22 | | purpose of the identification or apprehension of any person
| 23 | | subject to the provisions of this Act or for the investigation | 24 | | or
prosecution of any crime.
| 25 | | (E) Law enforcement officers, and personnel of an | 26 | | independent agency created by ordinance and charged by a unit |
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| 1 | | of local government with the duty of investigating the conduct | 2 | | of law enforcement officers, may not disclose the identity of | 3 | | any minor
in releasing information to the general public as to | 4 | | the arrest, investigation
or disposition of any case involving | 5 | | a minor.
| 6 | | (F) Nothing contained in this Section shall prohibit law | 7 | | enforcement
agencies from communicating with each other by | 8 | | letter, memorandum, teletype or
intelligence alert bulletin or | 9 | | other means the identity or other relevant
information | 10 | | pertaining to a person under 17 years of age if there are
| 11 | | reasonable grounds to believe that the person poses a real and | 12 | | present danger
to the safety of the public or law enforcement | 13 | | officers. The information
provided under this subsection (F) | 14 | | shall remain confidential and shall not
be publicly disclosed, | 15 | | except as otherwise allowed by law.
| 16 | | (G) Nothing in this Section shall prohibit the right of a | 17 | | Civil Service
Commission or appointing authority of any state, | 18 | | county or municipality
examining the character and fitness of | 19 | | an applicant for employment with a law
enforcement agency, | 20 | | correctional institution, or fire department
from obtaining | 21 | | and examining the
records of any law enforcement agency | 22 | | relating to any record of the applicant
having been arrested or | 23 | | taken into custody before the applicant's 17th
birthday.
| 24 | | (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
| 25 | | Section 15. The Unified Code of Corrections is amended by |
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| 1 | | changing Sections 3-2-5, 3-2-9, 3-3-4, 3-4-3, 3-5-3.1, 3-6-4, | 2 | | 3-8-7, 3-10-7, and 3-13-4 as follows:
| 3 | | (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
| 4 | | Sec. 3-2-5. Organization of the Department of Corrections | 5 | | and the Department of Juvenile Justice.
| 6 | | (a) There shall be a an Adult Division within the | 7 | | Department of Corrections which shall
be administered by a | 8 | | Director and an Assistant Director appointed by the Governor | 9 | | under
The Civil Administrative Code of Illinois. The Assistant | 10 | | Director shall be
under the direction of the Director. The | 11 | | Department of Corrections Adult Division shall be
responsible | 12 | | for all persons committed or transferred to the Department
| 13 | | under Sections 3-10-7 or 5-8-6 of this Code.
| 14 | | (b)
There shall be a Department of Juvenile Justice which | 15 | | shall be administered by a Director appointed by the Governor | 16 | | under the Civil Administrative Code of Illinois. The Department | 17 | | of Juvenile Justice shall be responsible for all persons under | 18 | | 17 years of age when sentenced to imprisonment and committed to | 19 | | the Department under subsection (c) of Section 5-8-6 of this | 20 | | Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 | 21 | | of the Juvenile Court Act of 1987. Persons under 17 years of | 22 | | age committed to the Department of Juvenile Justice pursuant to | 23 | | this Code shall be sight and sound separate from adult | 24 | | offenders committed to the Department of Corrections.
| 25 | | (c) The Department shall create a gang intelligence unit |
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| 1 | | under the
supervision of the Director. The unit shall be | 2 | | specifically designed to gather
information regarding the | 3 | | inmate gang population, monitor the activities of
gangs, and | 4 | | prevent the furtherance of gang activities through the | 5 | | development
and implementation of policies aimed at deterring | 6 | | gang activity. The Director
shall appoint a Corrections | 7 | | Intelligence Coordinator.
| 8 | | All information collected and maintained by the unit shall | 9 | | be highly
confidential, and access to that information shall be | 10 | | restricted by the
Department. The information
shall be used to | 11 | | control and limit the activities of gangs within correctional
| 12 | | institutions under the jurisdiction of the Illinois
Department | 13 | | of Corrections and may be shared with other law enforcement | 14 | | agencies
in order to curb gang activities outside of | 15 | | correctional institutions under the
jurisdiction of the | 16 | | Department and to assist in
the investigations and prosecutions | 17 | | of gang activity. The Department shall
establish and promulgate | 18 | | rules governing the release of information to outside
law | 19 | | enforcement agencies. Due to the highly sensitive nature of the
| 20 | | information, the information is exempt from requests for | 21 | | disclosure under the
Freedom
of Information Act as the | 22 | | information contained is highly confidential and may
be harmful | 23 | | if disclosed.
| 24 | | The Department shall file an annual report with the General | 25 | | Assembly on the
profile of the inmate
population associated | 26 | | with gangs, gang-related activity within correctional
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| 1 | | institutions under the jurisdiction of the Department,
and an | 2 | | overall status of the unit as it relates to its function and
| 3 | | performance.
| 4 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 5 | | (730 ILCS 5/3-2-9) (from Ch. 38, par. 1003-2-9)
| 6 | | Sec. 3-2-9.
Each fiscal year, the Department shall prepare | 7 | | and
submit to the clerk of the circuit court a financial impact | 8 | | statement that
includes the estimated annual and monthly cost | 9 | | of incarcerating an
individual in a Department facility and the | 10 | | estimated construction cost per
bed. The estimated annual cost | 11 | | of incarcerating an individual in a
Department facility shall | 12 | | be derived by taking the annual expenditures of
Department of | 13 | | Corrections Adult Division facilities and all administrative | 14 | | costs and dividing the sum
of these factors by the average | 15 | | annual inmate population of the facilities.
All statements | 16 | | shall be made available to the public for inspection and
| 17 | | copying.
| 18 | | (Source: P.A. 87-417.)
| 19 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 20 | | Sec. 3-3-4. Preparation for Parole Hearing.
| 21 | | (a) The Prisoner Review Board shall consider the parole
of | 22 | | each eligible person committed to the Department of Corrections | 23 | | Adult Division at
least 30 days prior to the date he shall | 24 | | first become
eligible for parole, and shall consider the parole |
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| 1 | | of each
person committed to the Department of Juvenile Justice | 2 | | as a delinquent
at least 30 days prior to the expiration of the | 3 | | first year
of confinement.
| 4 | | (b) A person eligible for parole shall, no less than 15 | 5 | | days in advance of
his parole interview, prepare a parole plan | 6 | | in accordance
with the rules of the Prisoner Review Board. The | 7 | | person
shall be assisted in preparing his parole plan by | 8 | | personnel
of the Department of Corrections, or the Department | 9 | | of Juvenile Justice in the case of a person committed to that | 10 | | Department, and may, for this purpose, be released
on furlough | 11 | | under Article 11 or on authorized absence under
Section 3-9-4. | 12 | | The appropriate Department shall also provide
assistance in | 13 | | obtaining information and records helpful to
the individual for | 14 | | his parole hearing. If the person eligible for parole has a | 15 | | petition or any written submissions prepared on his or her | 16 | | behalf by an attorney or other representative, the attorney or | 17 | | representative for the person eligible for parole must serve by | 18 | | certified mail the State's Attorney of the county where he or | 19 | | she was prosecuted with the petition or any written submissions | 20 | | 15 days after his or her parole interview. The State's Attorney | 21 | | shall provide the attorney for the person eligible for parole | 22 | | with a copy of his or her letter in opposition to parole via | 23 | | certified mail within 5 business days of the en banc hearing.
| 24 | | (c) Any member of the Board shall have access at all
| 25 | | reasonable times to any committed person and to his master
| 26 | | record file within the Department, and the Department shall
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| 1 | | furnish such a report to the Board
concerning the conduct and | 2 | | character of any such person prior to his or her parole | 3 | | interview.
| 4 | | (d) In making its determination of parole, the Board
shall | 5 | | consider:
| 6 | | (1) material transmitted to the Department of Juvenile | 7 | | Justice by the
clerk of the committing court under Section | 8 | | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 9 | | 5-750 of the Juvenile
Court Act of 1987;
| 10 | | (2) the report under Section 3-8-2 or 3-10-2;
| 11 | | (3) a report by the Department and any report by the
| 12 | | chief administrative officer of the institution or | 13 | | facility;
| 14 | | (4) a parole progress report;
| 15 | | (5) a medical and psychological report, if requested
by | 16 | | the Board;
| 17 | | (6) material in writing, or on film, video tape or | 18 | | other electronic
means in the form of a recording submitted | 19 | | by the person whose parole
is being considered; and
| 20 | | (7) material in writing, or on film, video tape or | 21 | | other electronic
means in the form of a recording or | 22 | | testimony submitted by the State's
Attorney and the victim | 23 | | or a concerned citizen pursuant to the Rights of Crime | 24 | | Victims and Witnesses Act.
| 25 | | (e) The prosecuting State's Attorney's office shall | 26 | | receive from the Board reasonable
written notice not less than |
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| 1 | | 30 days prior to the parole interview and may
submit relevant | 2 | | information by oral argument or testimony of victims and | 3 | | concerned citizens, or both, in writing, or on film, video tape | 4 | | or other
electronic means or in the form of a recording to the | 5 | | Board for its
consideration. Upon written request of the | 6 | | State's Attorney's office, the Prisoner Review Board shall hear | 7 | | protests to parole, except in counties of 1,500,000 or more | 8 | | inhabitants where there shall be standing objections to all | 9 | | such petitions. If a State's Attorney who represents a county | 10 | | of less than 1,500,000 inhabitants requests a protest hearing, | 11 | | the inmate's counsel or other representative shall also receive | 12 | | notice of such request.
This hearing shall take place the month | 13 | | following the inmate's parole interview. If the inmate's parole | 14 | | interview is rescheduled then the Prisoner Review Board shall | 15 | | promptly notify the State's Attorney of the new date. The | 16 | | person eligible for parole shall be heard at the next scheduled | 17 | | en banc hearing date. If the case is to be continued, the | 18 | | State's Attorney's office and the attorney or representative | 19 | | for the person eligible for parole will be notified of any | 20 | | continuance within 5 business days. The State's Attorney may | 21 | | waive the written notice.
| 22 | | (f) The victim of the violent crime for which the prisoner | 23 | | has been
sentenced shall receive notice of a parole hearing as | 24 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 25 | | the Rights of Crime Victims and Witnesses
Act.
| 26 | | (g) Any recording considered under the provisions of |
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| 1 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 2 | | the form designated by the Board.
Such recording shall be both | 3 | | visual and aural. Every voice on the
recording and person | 4 | | present shall be identified and the recording shall
contain | 5 | | either a visual or aural statement of the person submitting | 6 | | such
recording, the date of the recording and the name of the | 7 | | person whose
parole eligibility is being considered. Such | 8 | | recordings shall be retained by
the Board and shall be deemed | 9 | | to be submitted at any subsequent parole hearing
if the victim | 10 | | or State's Attorney submits in writing a declaration clearly
| 11 | | identifying such recording as representing the present | 12 | | position of the
victim or State's Attorney regarding the issues | 13 | | to be considered at the parole
hearing.
| 14 | | (h) The Board shall not release any material to the inmate, | 15 | | the inmate's attorney, any third party, or any other person | 16 | | containing any information from the victim or from a person | 17 | | related to the victim by blood, adoption, or marriage who has | 18 | | written objections, testified at any hearing, or submitted | 19 | | audio or visual objections to the inmate's parole, unless | 20 | | provided with a waiver from that objecting party. | 21 | | (Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
| 22 | | (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) | 23 | | Sec. 3-4-3. Funds and Property of Persons Committed.
| 24 | | (a) The Department of Corrections and the Department of | 25 | | Juvenile Justice shall establish accounting records with |
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| 1 | | accounts
for each person who has or receives money while in an | 2 | | institution or
facility of that Department and it shall allow | 3 | | the withdrawal and
disbursement of money by the person under | 4 | | rules and regulations of that
Department. Any interest or other | 5 | | income from moneys deposited with the
Department by
a resident | 6 | | of the Department of Juvenile Justice in excess of $200
shall | 7 | | accrue to the individual's account, or in balances up to $200 | 8 | | shall
accrue to the Residents'
Benefit Fund. For an individual | 9 | | in an institution or facility
of the Department of Corrections | 10 | | Adult Division the interest shall accrue to the Residents' | 11 | | Benefit
Fund. The Department shall disburse all
moneys so held | 12 | | no later than the
person's final discharge from the Department. | 13 | | Moneys in the account of a
committed person who files a lawsuit | 14 | | determined frivolous under Article XXII of
the Code
of Civil | 15 | | Procedure shall be deducted to pay for the filing fees and cost | 16 | | of the
suit as
provided in that Article. The Department shall | 17 | | under
rules and regulations record and receipt all personal | 18 | | property not
allowed to committed persons. The Department shall | 19 | | return such property
to the individual no later than the | 20 | | person's release on parole.
| 21 | | (b) Any money held in accounts of committed persons | 22 | | separated from
the Department by death, discharge, or | 23 | | unauthorized absence and
unclaimed for a period of 1 year | 24 | | thereafter by the person or his legal
representative shall be | 25 | | transmitted to the State Treasurer who shall deposit
it into | 26 | | the General Revenue Fund. Articles of personal
property of
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| 1 | | persons so separated may be sold or used by the Department if | 2 | | unclaimed
for a period of 1 year for the same purpose. | 3 | | Clothing, if unclaimed
within 30 days, may be used or disposed | 4 | | of as determined by the
Department.
| 5 | | (c) Forty percent of the profits on sales from commissary | 6 | | stores shall
be
expended by the
Department for the special | 7 | | benefit of committed persons which shall include
but not be | 8 | | limited to the advancement of inmate payrolls, for the special
| 9 | | benefit of employees, and for the advancement or reimbursement | 10 | | of employee
travel,
provided that amounts expended for | 11 | | employees shall not exceed the amount
of profits derived from | 12 | | sales made to employees by such commissaries, as
determined by | 13 | | the Department. The remainder of the profits from sales from
| 14 | | commissary
stores must be used first to pay for wages and | 15 | | benefits of employees covered
under a
collective bargaining | 16 | | agreement who are employed at commissary facilities of
the
| 17 | | Department and then to pay the costs of dietary staff.
| 18 | | (d) The Department shall confiscate any unauthorized | 19 | | currency found in the
possession of a committed person. The | 20 | | Department shall transmit the
confiscated currency to the State | 21 | | Treasurer who shall deposit it into the
General Revenue Fund.
| 22 | | (Source: P.A. 93-607, eff. 1-1-04; 94-696, eff. 6-1-06 .)
| 23 | | (730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
| 24 | | Sec. 3-5-3.1. As used in this Section, "facility" includes | 25 | | any
facility of the Adult Division of
the Department of |
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| 1 | | Corrections and any facility of the Department of Juvenile | 2 | | Justice.
| 3 | | The Department of Corrections and the Department of | 4 | | Juvenile Justice shall each, by
January 1st, April
1st, July | 5 | | 1st, and October 1st of each year, transmit to the General
| 6 | | Assembly, a report which shall include the following | 7 | | information reflecting the period
ending fifteen days prior to | 8 | | the submission of the report: 1) the number
of residents in all | 9 | | Department facilities indicating the number of
residents in | 10 | | each listed facility; 2) a classification of each facility's
| 11 | | residents by the nature of the offense for which each resident | 12 | | was
committed to the Department; 3) the number of residents in | 13 | | maximum, medium,
and minimum security facilities indicating | 14 | | the classification of each
facility's residents by the nature | 15 | | of the offense for which each resident
was committed to the | 16 | | Department; 4) the educational and vocational programs
| 17 | | provided at each facility and the number of residents | 18 | | participating in each
such program; 5) the present capacity | 19 | | levels in each facility; 6) the
projected capacity of each | 20 | | facility six months and one year following each
reporting date; | 21 | | 7) the ratio of the security guards to residents in each
| 22 | | facility; 8) the ratio of total employees to residents in each | 23 | | facility; 9)
the number of residents in each facility that are | 24 | | single-celled and the
number in each facility that are | 25 | | double-celled; 10) information indicating
the distribution of | 26 | | residents in each facility by the allocated floor space
per |
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| 1 | | resident; 11) a status of all capital projects currently funded | 2 | | by the
Department, location of each capital project, the | 3 | | projected on-line dates
for each capital project, including | 4 | | phase-in dates and full occupancy
dates; 12) the projected | 5 | | adult prison facility
populations in respect to the Department | 6 | | of Corrections and the projected juvenile facility population | 7 | | with respect to the Department of Juvenile Justice for each of | 8 | | the succeeding
twelve months following each reporting date, | 9 | | indicating all assumptions
built into such population | 10 | | estimates; 13) the projected exits and projected
admissions in | 11 | | each facility for each of the succeeding twelve months
| 12 | | following each reporting date, indicating all assumptions | 13 | | built into such
population estimate; and 14) the locations of | 14 | | all Department-operated or
contractually operated community | 15 | | correctional centers, including the
present capacity and | 16 | | population levels at each facility.
| 17 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 18 | | (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
| 19 | | Sec. 3-6-4. Enforcement of Discipline - Escape.
| 20 | | (a) A committed person who escapes or attempts to escape | 21 | | from an
institution or facility of the Department of | 22 | | Corrections Adult Division , or escapes or attempts to
escape | 23 | | while in the custody of an employee of the Department of | 24 | | Corrections Adult Division , or
holds or participates in the | 25 | | holding of any person as a hostage by
force, threat or |
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| 1 | | violence, or while participating in any disturbance,
| 2 | | demonstration or riot, causes, directs or participates in the
| 3 | | destruction of any property is guilty of a Class 2 felony. A | 4 | | committed
person who fails to return from furlough or from work | 5 | | and day release is
guilty of a Class 3 felony.
| 6 | | (b) If one or more committed persons injures or attempts to | 7 | | injure
in a violent manner any employee, officer, guard, other | 8 | | peace officer
or any other committed person or damages or | 9 | | attempts to damage any building or
workshop, or any | 10 | | appurtenances thereof, or attempts to escape, or disobeys or
| 11 | | resists any lawful command, the employees, officers, guards and | 12 | | other peace
officers shall use all suitable means to defend | 13 | | themselves, to enforce the
observance of discipline, to secure | 14 | | the persons of the offenders, and prevent
such attempted | 15 | | violence or escape; and said employees, officers, guards, or
| 16 | | other peace officers, or any of them, shall, in the attempt to | 17 | | prevent the
escape of any such person, or in attempting to | 18 | | retake any such person who has
escaped, or in attempting to | 19 | | prevent or suppress violence by a committed person
against | 20 | | another person, a riot, revolt, mutiny or insurrection, be | 21 | | justified in
the use of force, including force likely to cause | 22 | | death or great bodily harm
under Section 7-8 of the Criminal | 23 | | Code of 1961 which he reasonably believed
necessary.
| 24 | | As used in this Section, "committed person" includes a | 25 | | person held in
detention in a secure facility or committed as a | 26 | | sexually violent person and
held in a secure facility under the |
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| 1 | | Sexually Violent Persons Commitment Act;
and "peace officer" | 2 | | means any officer or member
of any duly organized State, county | 3 | | or municipal police unit or police force.
| 4 | | (c) The Department shall establish procedures to provide | 5 | | immediate
notification of the escape of any person, as defined | 6 | | in subsection (a) of this
Section, to the persons specified in | 7 | | subsection (c) of Section
3-14-1 of this Code.
| 8 | | (Source: P.A. 90-793, eff. 8-14-98; 91-695, eff. 4-13-00.)
| 9 | | (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
| 10 | | Sec. 3-8-7.
Disciplinary Procedures.)
| 11 | | (a) All disciplinary action shall be consistent with this
| 12 | | Chapter. Rules of
behavior and conduct, the penalties for | 13 | | violation thereof,
and the disciplinary procedure by which such | 14 | | penalties may
be imposed shall be available to committed | 15 | | persons.
| 16 | | (b) (1) Corporal punishment and disciplinary
restrictions | 17 | | on diet, medical or sanitary facilities, mail or access to | 18 | | legal
materials are
prohibited.
| 19 | | (2) (Blank).
| 20 | | (3) (Blank).
| 21 | | (c) Review of disciplinary action imposed under this
| 22 | | Section shall be provided by means of the grievance
procedure | 23 | | under Section 3-8-8. The Department shall provide a disciplined
| 24 | | person with a review of his or her disciplinary action in a | 25 | | timely manner as
required by law.
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| 1 | | (d) All institutions and facilities of the Department of | 2 | | Corrections Adult
Division shall establish, subject to the | 3 | | approval of the
Director, procedures for hearing disciplinary | 4 | | cases except
those that may involve the imposition of | 5 | | disciplinary
segregation and isolation; the loss of good time | 6 | | credit under Section
3-6-3 or eligibility to earn good time | 7 | | credit.
| 8 | | (e) In disciplinary cases which may involve the imposition
| 9 | | of disciplinary segregation and isolation, the loss of good | 10 | | time credit or
eligibility to earn good time credit, the | 11 | | Director shall establish disciplinary
procedures consistent | 12 | | with the following principles:
| 13 | | (1) Any person or persons who initiate a disciplinary
| 14 | | charge against a person shall not determine the disposition
| 15 | | of the charge. The Director may establish one or more
| 16 | | disciplinary boards to hear and determine charges.
| 17 | | (2) Any committed person charged with a violation of
| 18 | | Department rules of behavior shall be given notice of the
| 19 | | charge including a statement of the misconduct alleged and
| 20 | | of the rules this conduct is alleged to violate.
| 21 | | (3) Any person charged with a violation of rules is
| 22 | | entitled to a hearing on that charge at which time he shall
| 23 | | have an opportunity to appear before and address the person
| 24 | | or persons deciding the charge.
| 25 | | (4) The person or persons determining the disposition | 26 | | of
the charge may also summon to testify any witnesses or |
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| 1 | | other
persons with relevant knowledge of the incident.
| 2 | | (5) If the charge is sustained, the person charged is
| 3 | | entitled to a written statement of the decision by the
| 4 | | persons determining the disposition of the charge which
| 5 | | shall include the basis for the decision and the | 6 | | disciplinary
action, if any, to be imposed.
| 7 | | (6) (Blank).
| 8 | | (Source: P.A. 93-272, eff. 7-22-03.)
| 9 | | (730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
| 10 | | Sec. 3-10-7. Interdivisional Transfers. | 11 | | (a) In any case where a minor
was originally prosecuted | 12 | | under the provisions of the Criminal Code of
1961, as amended, | 13 | | and sentenced under the provisions of this Act pursuant
to | 14 | | Section 2-7 of the Juvenile Court Act or Section 5-805 of the
| 15 | | Juvenile
Court Act of 1987 and committed to the Department of | 16 | | Juvenile Justice under Section 5-8-6, the Department of | 17 | | Juvenile Justice shall, within
30 days of the date that the | 18 | | minor
reaches the age of 17, send formal notification to the | 19 | | sentencing court
and the State's Attorney of the county from | 20 | | which the minor was sentenced
indicating the day upon which the | 21 | | minor offender will achieve the age
of 17. Within 90 days of | 22 | | receipt of that notice, the sentencing court shall
conduct a | 23 | | hearing, pursuant to the provisions of subsection (c) of this
| 24 | | Section to determine whether or not the minor shall continue to | 25 | | remain
under the auspices of the Department of Juvenile Justice |
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| 1 | | or be transferred to the Adult
Division of the Department of | 2 | | Corrections.
| 3 | | The minor shall be served with notice of the date of the | 4 | | hearing,
shall be present at the hearing, and has the right to | 5 | | counsel at the
hearing. The minor, with the consent of his or | 6 | | her counsel or guardian may
waive his presence at hearing.
| 7 | | (b) Unless sooner paroled under Section 3-3-3, the | 8 | | confinement of a
minor person committed for an indeterminate | 9 | | sentence in a criminal
proceeding shall terminate at the | 10 | | expiration of the maximum term of
imprisonment, and he shall | 11 | | thereupon be released to serve a period of
parole under Section | 12 | | 5-8-1, but if the maximum term of imprisonment does
not expire | 13 | | until after his 21st birthday, he shall continue to be
subject | 14 | | to the control and custody of the Department of Juvenile | 15 | | Justice, and on his 21st
birthday, he shall be transferred to | 16 | | the Adult Division of the Department of Corrections. If such | 17 | | person
is on parole on his 21st birthday, his parole | 18 | | supervision may be
transferred to the Adult Division of the | 19 | | Department of Corrections.
| 20 | | (c) Any interdivisional transfer hearing conducted | 21 | | pursuant to subsection
(a) of this Section shall consider all | 22 | | available information which may bear
upon the issue of | 23 | | transfer. All evidence helpful to the court in determining
the | 24 | | question of transfer, including oral and written reports | 25 | | containing
hearsay, may be relied upon to the extent of its | 26 | | probative value, even though
not competent for the purposes of |
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| 1 | | an adjudicatory hearing. The court shall
consider, along with | 2 | | any other relevant matter, the following:
| 3 | | 1. The nature of the offense for which the minor was | 4 | | found guilty and
the length of the sentence the minor has | 5 | | to serve and the record and
previous history of the minor.
| 6 | | 2. The record of the minor's adjustment within the | 7 | | Department of
Juvenile Justice, including, but not limited | 8 | | to, reports from
the minor's counselor, any escapes, | 9 | | attempted escapes or violent or
disruptive conduct on the | 10 | | part of the minor, any tickets received by the
minor, | 11 | | summaries of classes attended by the minor, and any record | 12 | | of work
performed by the minor while in the institution.
| 13 | | 3. The relative maturity of the minor based upon the | 14 | | physical,
psychological and emotional development of the | 15 | | minor.
| 16 | | 4. The record of the rehabilitative progress of the | 17 | | minor and an
assessment of the vocational potential of the | 18 | | minor.
| 19 | | 5. An assessment of the necessity for transfer of the | 20 | | minor, including,
but not limited to, the availability of | 21 | | space within the Department of
Corrections, the | 22 | | disciplinary and security problem which the minor has
| 23 | | presented to the Department of Juvenile Justice and the | 24 | | practicability of maintaining
the minor in a juvenile | 25 | | facility, whether resources have been exhausted
within the | 26 | | Department of Juvenile Justice, the
availability of |
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| 1 | | rehabilitative and vocational programs within the
| 2 | | Department of Corrections, and the anticipated ability of | 3 | | the minor to
adjust to confinement within an adult | 4 | | institution based upon the minor's
physical size and | 5 | | maturity.
| 6 | | All relevant factors considered under this subsection need | 7 | | not be resolved
against the juvenile in order to justify such | 8 | | transfer. Access to social
records, probation reports or any | 9 | | other reports which are considered by
the court for the purpose | 10 | | of transfer shall be made available to counsel
for the juvenile | 11 | | at least 30 days prior to the date of the transfer hearing.
The | 12 | | Sentencing Court, upon granting a transfer order, shall | 13 | | accompany such
order with a statement of reasons.
| 14 | | (d) Whenever the Director of Juvenile Justice or his | 15 | | designee determines that the
interests of safety, security and | 16 | | discipline require the transfer to the
Department of | 17 | | Corrections of a person 17 years or older who was prosecuted | 18 | | under the
provisions of the Criminal Code of 1961, as amended, | 19 | | and sentenced under
the provisions of this Act pursuant to | 20 | | Section 2-7 of the Juvenile Court Act
or Section 5-805 of the | 21 | | Juvenile Court Act of 1987
and committed to the Department of | 22 | | Juvenile Justice under Section 5-8-6, the Director or
his | 23 | | designee may authorize the emergency transfer of such person, | 24 | | unless
the transfer of the person is governed by subsection (e) | 25 | | of this Section.
The sentencing court shall be provided notice | 26 | | of any emergency transfer no
later than 3 days after the |
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| 1 | | emergency transfer. Upon motion brought within
60 days of the | 2 | | emergency transfer by the sentencing court or any party, the
| 3 | | sentencing court may conduct a hearing pursuant to the | 4 | | provisions of
subsection (c) of this Section in order to | 5 | | determine whether the person
shall remain confined in the | 6 | | Department of Corrections.
| 7 | | (e) The Director of Juvenile Justice or his designee may | 8 | | authorize the permanent transfer to
the Department of | 9 | | Corrections of any person 18 years or older who was prosecuted | 10 | | under
the provisions of the Criminal Code of 1961, as amended, | 11 | | and sentenced
under the provisions of this Act pursuant to | 12 | | Section 2-7 of the Juvenile
Court Act or Section 5-805 of the | 13 | | Juvenile Court Act of 1987
and committed to the Department of | 14 | | Juvenile Justice under Section 5-8-6 of this Act.
The Director | 15 | | of Juvenile Justice or his designee shall be governed by the | 16 | | following factors
in determining whether to authorize the | 17 | | permanent transfer of the person to
the Department of | 18 | | Corrections:
| 19 | | 1. The nature of the offense for which the person was | 20 | | found guilty and
the length of the sentence the person has | 21 | | to serve and the record and
previous history of the person.
| 22 | | 2. The record of the person's adjustment within the | 23 | | Department of Juvenile Justice, including, but not limited | 24 | | to, reports from
the person's counselor, any escapes, | 25 | | attempted escapes or violent or
disruptive conduct on the | 26 | | part of the person, any tickets received by the
person, |
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| 1 | | summaries of classes attended by the person, and any record | 2 | | of work
performed by the person while in the institution.
| 3 | | 3. The relative maturity of the person based upon the | 4 | | physical,
psychological and emotional development of the | 5 | | person.
| 6 | | 4. The record of the rehabilitative progress of the | 7 | | person and an
assessment of the vocational potential of the | 8 | | person.
| 9 | | 5. An assessment of the necessity for transfer of the | 10 | | person, including,
but not limited to, the availability of | 11 | | space within the Department of
Corrections, the | 12 | | disciplinary and security problem which the person has
| 13 | | presented to the Department of Juvenile Justice and the | 14 | | practicability of maintaining
the person in a juvenile | 15 | | facility, whether resources have been exhausted
within the | 16 | | Department of Juvenile Justice, the
availability of | 17 | | rehabilitative and vocational programs within the
| 18 | | Department of Corrections, and the anticipated ability of | 19 | | the person to
adjust to confinement within an adult | 20 | | institution based upon the person's
physical size and | 21 | | maturity.
| 22 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 23 | | (730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4)
| 24 | | Sec. 3-13-4.
Rules and Sanctions.) (a) The Department shall
| 25 | | establish rules governing release status and shall provide |
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| 1 | | written
copies of such rules to both the committed person on | 2 | | work or day release
and to the employer or other person | 3 | | responsible for the individual.
Such employer or other | 4 | | responsible person shall agree to abide by such
rules, notify | 5 | | the Department of any violation thereof by the individual
on | 6 | | release status, and notify the Department of the discharge of | 7 | | the
person from work or other programs.
| 8 | | (b) If a committed person violates any rule, the Department | 9 | | may
impose sanctions appropriate to the violation. The | 10 | | Department shall
provide sanctions for unauthorized absences | 11 | | which shall include
prosecution for escape under Section 3-6-4.
| 12 | | (c) An order certified by the Director, Assistant Director
| 13 | | Adult Division , or the Supervisor of the Apprehension Unit, or | 14 | | a person
duly designated by him or her, with the seal of the | 15 | | Department of Corrections
attached and directed to all | 16 | | sheriffs, coroners, police officers, or to
any particular | 17 | | persons named in the order shall be sufficient
warrant for the | 18 | | officer or person named therein to arrest and deliver
the | 19 | | violator to the proper correctional official. Such order shall | 20 | | be
executed the same as criminal processes.
| 21 | | In the event that a work-releasee is arrested for another | 22 | | crime, the
sheriff or police officer shall hold the releasee in | 23 | | custody until he
notifies the nearest Office of Field Services | 24 | | or any of the above-named
persons designated in this Section to | 25 | | certify the particular process or
warrant.
| 26 | | (d) Not less than 15 days prior to any person being placed |
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| 1 | | in a work release
facility, the Department of Corrections shall | 2 | | provide to the State's Attorney
and Sheriff of the county in | 3 | | which the work release center is located, relevant
identifying | 4 | | information concerning the person to be placed in the work | 5 | | release
facility. Such information shall include, but not be | 6 | | limited to, such identifying
information as name, age, physical | 7 | | description, photograph, the offense,
and the sentence for | 8 | | which the person is serving time in the Department
of | 9 | | Corrections, and like information. The Department of | 10 | | Corrections shall,
in addition, give written notice not less | 11 | | than 15 days prior to the
placement to the State's Attorney of | 12 | | the county from which the offender
was originally sentenced.
| 13 | | (Source: P.A. 83-346.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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