Full Text of HB5766 098th General Assembly
HB5766eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-2-2 as follows:
| 6 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 7 | | Sec. 3-2-2. Powers and Duties of the Department.
| 8 | | (1) In addition to the powers, duties and responsibilities | 9 | | which are
otherwise provided by law, the Department shall have | 10 | | the following powers:
| 11 | | (a) To accept persons committed to it by the courts of | 12 | | this State for
care, custody, treatment and | 13 | | rehabilitation, and to accept federal prisoners and aliens | 14 | | over whom the Office of the Federal Detention Trustee is | 15 | | authorized to exercise the federal detention function for | 16 | | limited purposes and periods of time.
| 17 | | (b) To develop and maintain reception and evaluation | 18 | | units for purposes
of analyzing the custody and | 19 | | rehabilitation needs of persons committed to
it and to | 20 | | assign such persons to institutions and programs under its | 21 | | control
or transfer them to other appropriate agencies. In | 22 | | consultation with the
Department of Alcoholism and | 23 | | Substance Abuse (now the Department of Human
Services), the |
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| 1 | | Department of Corrections
shall develop a master plan for | 2 | | the screening and evaluation of persons
committed to its | 3 | | custody who have alcohol or drug abuse problems, and for
| 4 | | making appropriate treatment available to such persons; | 5 | | the Department
shall report to the General Assembly on such | 6 | | plan not later than April 1,
1987. The maintenance and | 7 | | implementation of such plan shall be contingent
upon the | 8 | | availability of funds.
| 9 | | (b-1) To create and implement, on January 1, 2002, a | 10 | | pilot
program to
establish the effectiveness of | 11 | | pupillometer technology (the measurement of the
pupil's
| 12 | | reaction to light) as an alternative to a urine test for | 13 | | purposes of screening
and evaluating
persons committed to | 14 | | its custody who have alcohol or drug problems. The
pilot | 15 | | program shall require the pupillometer technology to be | 16 | | used in at
least one Department of
Corrections facility. | 17 | | The Director may expand the pilot program to include an
| 18 | | additional facility or
facilities as he or she deems | 19 | | appropriate.
A minimum of 4,000 tests shall be included in | 20 | | the pilot program.
The
Department must report to the
| 21 | | General Assembly on the
effectiveness of the program by | 22 | | January 1, 2003.
| 23 | | (b-5) To develop, in consultation with the Department | 24 | | of State Police, a
program for tracking and evaluating each | 25 | | inmate from commitment through release
for recording his or | 26 | | her gang affiliations, activities, or ranks.
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| 1 | | (c) To maintain and administer all State correctional | 2 | | institutions and
facilities under its control and to | 3 | | establish new ones as needed. Pursuant
to its power to | 4 | | establish new institutions and facilities, the Department
| 5 | | may, with the written approval of the Governor, authorize | 6 | | the Department of
Central Management Services to enter into | 7 | | an agreement of the type
described in subsection (d) of | 8 | | Section 405-300 of the
Department
of Central Management | 9 | | Services Law (20 ILCS 405/405-300). The Department shall
| 10 | | designate those institutions which
shall constitute the | 11 | | State Penitentiary System.
| 12 | | Pursuant to its power to establish new institutions and | 13 | | facilities, the
Department may authorize the Department of | 14 | | Central Management Services to
accept bids from counties | 15 | | and municipalities for the construction,
remodeling or | 16 | | conversion of a structure to be leased to the Department of
| 17 | | Corrections for the purposes of its serving as a | 18 | | correctional institution
or facility. Such construction, | 19 | | remodeling or conversion may be financed
with revenue bonds | 20 | | issued pursuant to the Industrial Building Revenue Bond
Act | 21 | | by the municipality or county. The lease specified in a bid | 22 | | shall be
for a term of not less than the time needed to | 23 | | retire any revenue bonds
used to finance the project, but | 24 | | not to exceed 40 years. The lease may
grant to the State | 25 | | the option to purchase the structure outright.
| 26 | | Upon receipt of the bids, the Department may certify |
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| 1 | | one or more of the
bids and shall submit any such bids to | 2 | | the General Assembly for approval.
Upon approval of a bid | 3 | | by a constitutional majority of both houses of the
General | 4 | | Assembly, pursuant to joint resolution, the Department of | 5 | | Central
Management Services may enter into an agreement | 6 | | with the county or
municipality pursuant to such bid.
| 7 | | (c-5) To build and maintain regional juvenile | 8 | | detention centers and to
charge a per diem to the counties | 9 | | as established by the Department to defray
the costs of | 10 | | housing each minor in a center. In this subsection (c-5),
| 11 | | "juvenile
detention center" means a facility to house | 12 | | minors during pendency of trial who
have been transferred | 13 | | from proceedings under the Juvenile Court Act of 1987 to
| 14 | | prosecutions under the criminal laws of this State in | 15 | | accordance with Section
5-805 of the Juvenile Court Act of | 16 | | 1987, whether the transfer was by operation
of
law or | 17 | | permissive under that Section. The Department shall | 18 | | designate the
counties to be served by each regional | 19 | | juvenile detention center.
| 20 | | (d) To develop and maintain programs of control, | 21 | | rehabilitation and
employment of committed persons within | 22 | | its institutions.
| 23 | | (d-5) To provide a pre-release job preparation program | 24 | | for inmates at Illinois adult correctional centers.
| 25 | | (e) To establish a system of supervision and guidance | 26 | | of committed persons
in the community.
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| 1 | | (f) To establish in cooperation with the Department of | 2 | | Transportation
to supply a sufficient number of prisoners | 3 | | for use by the Department of
Transportation to clean up the | 4 | | trash and garbage along State, county,
township, or | 5 | | municipal highways as designated by the Department of
| 6 | | Transportation. The Department of Corrections, at the | 7 | | request of the
Department of Transportation, shall furnish | 8 | | such prisoners at least
annually for a period to be agreed | 9 | | upon between the Director of
Corrections and the Director | 10 | | of Transportation. The prisoners used on this
program shall | 11 | | be selected by the Director of Corrections on whatever | 12 | | basis
he deems proper in consideration of their term, | 13 | | behavior and earned eligibility
to participate in such | 14 | | program - where they will be outside of the prison
facility | 15 | | but still in the custody of the Department of Corrections. | 16 | | Prisoners
convicted of first degree murder, or a Class X | 17 | | felony, or armed violence, or
aggravated kidnapping, or | 18 | | criminal sexual assault, aggravated criminal sexual
abuse | 19 | | or a subsequent conviction for criminal sexual abuse, or | 20 | | forcible
detention, or arson, or a prisoner adjudged a | 21 | | Habitual Criminal shall not be
eligible for selection to | 22 | | participate in such program. The prisoners shall
remain as | 23 | | prisoners in the custody of the Department of Corrections | 24 | | and such
Department shall furnish whatever security is | 25 | | necessary. The Department of
Transportation shall furnish | 26 | | trucks and equipment for the highway cleanup
program and |
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| 1 | | personnel to supervise and direct the program. Neither the
| 2 | | Department of Corrections nor the Department of | 3 | | Transportation shall replace
any regular employee with a | 4 | | prisoner.
| 5 | | (g) To maintain records of persons committed to it and | 6 | | to establish
programs of research, statistics and | 7 | | planning.
| 8 | | (h) To investigate the grievances of any person | 9 | | committed to the
Department, to inquire into any alleged | 10 | | misconduct by employees
or committed persons, and to | 11 | | investigate the assets
of committed persons to implement | 12 | | Section 3-7-6 of this Code; and for
these purposes it may | 13 | | issue subpoenas and compel the attendance of witnesses
and | 14 | | the production of writings and papers, and may examine | 15 | | under oath any
witnesses who may appear before it; to also | 16 | | investigate alleged violations
of a parolee's or | 17 | | releasee's conditions of parole or release; and for this
| 18 | | purpose it may issue subpoenas and compel the attendance of | 19 | | witnesses and
the production of documents only if there is | 20 | | reason to believe that such
procedures would provide | 21 | | evidence that such violations have occurred.
| 22 | | If any person fails to obey a subpoena issued under | 23 | | this subsection,
the Director may apply to any circuit | 24 | | court to secure compliance with the
subpoena. The failure | 25 | | to comply with the order of the court issued in
response | 26 | | thereto shall be punishable as contempt of court.
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| 1 | | (i) To appoint and remove the chief administrative | 2 | | officers, and
administer
programs of training and | 3 | | development of personnel of the Department. Personnel
| 4 | | assigned by the Department to be responsible for the
| 5 | | custody and control of committed persons or to investigate | 6 | | the alleged
misconduct of committed persons or employees or | 7 | | alleged violations of a
parolee's or releasee's conditions | 8 | | of parole shall be conservators of the peace
for those | 9 | | purposes, and shall have the full power of peace officers | 10 | | outside
of the facilities of the Department in the | 11 | | protection, arrest, retaking
and reconfining of committed | 12 | | persons or where the exercise of such power
is necessary to | 13 | | the investigation of such misconduct or violations. This | 14 | | subsection shall not apply to persons committed to the | 15 | | Department of Juvenile Justice under the Juvenile Court Act | 16 | | of 1987 on aftercare release.
| 17 | | (j) To cooperate with other departments and agencies | 18 | | and with local
communities for the development of standards | 19 | | and programs for better
correctional services in this | 20 | | State.
| 21 | | (k) To administer all moneys and properties of the | 22 | | Department.
| 23 | | (l) To report annually to the Governor on the committed
| 24 | | persons, institutions and programs of the Department.
| 25 | | (l-5) (Blank).
| 26 | | (m) To make all rules and regulations and exercise all |
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| 1 | | powers and duties
vested by law in the Department.
| 2 | | (n) To establish rules and regulations for | 3 | | administering a system of
sentence credits, established in | 4 | | accordance with Section 3-6-3, subject
to review by the | 5 | | Prisoner Review Board.
| 6 | | (o) To administer the distribution of funds
from the | 7 | | State Treasury to reimburse counties where State penal
| 8 | | institutions are located for the payment of assistant | 9 | | state's attorneys'
salaries under Section 4-2001 of the | 10 | | Counties Code.
| 11 | | (p) To exchange information with the Department of | 12 | | Human Services and the
Department of Healthcare and Family | 13 | | Services
for the purpose of verifying living arrangements | 14 | | and for other purposes
directly connected with the | 15 | | administration of this Code and the Illinois
Public Aid | 16 | | Code.
| 17 | | (q) To establish a diversion program.
| 18 | | The program shall provide a structured environment for | 19 | | selected
technical parole or mandatory supervised release | 20 | | violators and committed
persons who have violated the rules | 21 | | governing their conduct while in work
release. This program | 22 | | shall not apply to those persons who have committed
a new | 23 | | offense while serving on parole or mandatory supervised | 24 | | release or
while committed to work release.
| 25 | | Elements of the program shall include, but shall not be | 26 | | limited to, the
following:
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| 1 | | (1) The staff of a diversion facility shall provide | 2 | | supervision in
accordance with required objectives set | 3 | | by the facility.
| 4 | | (2) Participants shall be required to maintain | 5 | | employment.
| 6 | | (3) Each participant shall pay for room and board | 7 | | at the facility on a
sliding-scale basis according to | 8 | | the participant's income.
| 9 | | (4) Each participant shall:
| 10 | | (A) provide restitution to victims in | 11 | | accordance with any court order;
| 12 | | (B) provide financial support to his | 13 | | dependents; and
| 14 | | (C) make appropriate payments toward any other | 15 | | court-ordered
obligations.
| 16 | | (5) Each participant shall complete community | 17 | | service in addition to
employment.
| 18 | | (6) Participants shall take part in such | 19 | | counseling, educational and
other programs as the | 20 | | Department may deem appropriate.
| 21 | | (7) Participants shall submit to drug and alcohol | 22 | | screening.
| 23 | | (8) The Department shall promulgate rules | 24 | | governing the administration
of the program.
| 25 | | (r) To enter into intergovernmental cooperation | 26 | | agreements under which
persons in the custody of the |
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| 1 | | Department may participate in a county impact
| 2 | | incarceration program established under Section 3-6038 or | 3 | | 3-15003.5 of the
Counties Code.
| 4 | | (r-5) (Blank).
| 5 | | (r-10) To systematically and routinely identify with | 6 | | respect to each
streetgang active within the correctional | 7 | | system: (1) each active gang; (2)
every existing inter-gang | 8 | | affiliation or alliance; and (3) the current leaders
in | 9 | | each gang. The Department shall promptly segregate leaders | 10 | | from inmates who
belong to their gangs and allied gangs. | 11 | | "Segregate" means no physical contact
and, to the extent | 12 | | possible under the conditions and space available at the
| 13 | | correctional facility, prohibition of visual and sound | 14 | | communication. For the
purposes of this paragraph (r-10), | 15 | | "leaders" means persons who:
| 16 | | (i) are members of a criminal streetgang;
| 17 | | (ii) with respect to other individuals within the | 18 | | streetgang, occupy a
position of organizer, | 19 | | supervisor, or other position of management or
| 20 | | leadership; and
| 21 | | (iii) are actively and personally engaged in | 22 | | directing, ordering,
authorizing, or requesting | 23 | | commission of criminal acts by others, which are
| 24 | | punishable as a felony, in furtherance of streetgang | 25 | | related activity both
within and outside of the | 26 | | Department of Corrections.
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| 1 | | "Streetgang", "gang", and "streetgang related" have the | 2 | | meanings ascribed to
them in Section 10 of the Illinois | 3 | | Streetgang Terrorism Omnibus Prevention
Act.
| 4 | | (s) To operate a super-maximum security institution, | 5 | | in order to
manage and
supervise inmates who are disruptive | 6 | | or dangerous and provide for the safety
and security of the | 7 | | staff and the other inmates.
| 8 | | (t) To monitor any unprivileged conversation or any | 9 | | unprivileged
communication, whether in person or by mail, | 10 | | telephone, or other means,
between an inmate who, before | 11 | | commitment to the Department, was a member of an
organized | 12 | | gang and any other person without the need to show cause or | 13 | | satisfy
any other requirement of law before beginning the | 14 | | monitoring, except as
constitutionally required. The | 15 | | monitoring may be by video, voice, or other
method of | 16 | | recording or by any other means. As used in this | 17 | | subdivision (1)(t),
"organized gang" has the meaning | 18 | | ascribed to it in Section 10 of the Illinois
Streetgang | 19 | | Terrorism Omnibus Prevention Act.
| 20 | | As used in this subdivision (1)(t), "unprivileged | 21 | | conversation" or
"unprivileged communication" means a | 22 | | conversation or communication that is not
protected by any | 23 | | privilege recognized by law or by decision, rule, or order | 24 | | of
the Illinois Supreme Court.
| 25 | | (u) To establish a Women's and Children's Pre-release | 26 | | Community
Supervision
Program for the purpose of providing |
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| 1 | | housing and services to eligible female
inmates, as | 2 | | determined by the Department, and their newborn and young
| 3 | | children.
| 4 | | (u-5) To issue an order, whenever a person committed to | 5 | | the Department absconds or absents himself or herself, | 6 | | without authority to do so, from any facility or program to | 7 | | which he or she is assigned. The order shall be certified | 8 | | by the Director, the Supervisor of the Apprehension Unit, | 9 | | or any person duly designated by the Director, with the | 10 | | seal of the Department affixed. The order shall be directed | 11 | | to all sheriffs, coroners, and police officers, or to any | 12 | | particular person named in the order. Any order issued | 13 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 14 | | warrant for the officer or person named in the order to | 15 | | arrest and deliver the committed person to the proper | 16 | | correctional officials and shall be executed the same as | 17 | | criminal process. | 18 | | (u-6) To establish a pilot program under which the | 19 | | Department may identify one or more facilities in each of 3 | 20 | | counties, including Cook County, DuPage County, and | 21 | | another county selected by the Department which currently | 22 | | participates in the Adult Redeploy Illinois program under | 23 | | Section 20 of the Illinois Crime Reduction Act of 2009.
The | 24 | | Department may enter into an intergovernmental agreement | 25 | | with each participating county to establish one or more | 26 | | facilities in that county for the purpose of delivering |
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| 1 | | intensive and individualized evidence-based substance | 2 | | abuse treatment to persons sentenced to incarceration, or | 3 | | one or more work release facilities, or both.
Contingent | 4 | | upon the establishment of a facility under an | 5 | | intergovernmental agreement between a participating county | 6 | | and the Department, if the court finds that any offender | 7 | | sentenced to a term of incarceration for any Class 2, Class | 8 | | 3, or Class 4 felony violation of Section 402 of the | 9 | | Illinois Controlled Substances Act, Section 4 of the | 10 | | Cannabis Control Act, Section 60 of the Methamphetamine | 11 | | Control and Community Protection Act, Article 16 or 17 of | 12 | | the Criminal Code of 2012, burglary, or possession of | 13 | | burglary tools, may meet the eligibility requirements of | 14 | | the Department, then the court may in its sentencing order | 15 | | approve the offender for placement in the program, | 16 | | conditioned upon his or her acceptance in the program by | 17 | | the Department. Notwithstanding the sentencing provisions | 18 | | of this Code, the sentencing order also shall provide that | 19 | | if the Department accepts the offender in the program and | 20 | | determines that the offender has successfully completed | 21 | | the program, the sentence shall be reduced to time | 22 | | considered served upon certification to the court by the | 23 | | Department that the offender has successfully completed | 24 | | the program. In the event the offender is not accepted for | 25 | | placement in the program or the offender does not | 26 | | successfully complete the program, his or her term of |
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| 1 | | imprisonment shall be as set forth by the court in its | 2 | | sentencing order.
In order to be eligible to participate in | 3 | | the program, the committed person shall meet all of the | 4 | | following requirements: | 5 | | (1) A risks and needs assessment of the defendant | 6 | | conducted by the Department indicates that the person | 7 | | has an addiction or other severe substance abuse | 8 | | problem which makes it likely that he or she will | 9 | | reoffend if the substance abuse problem is not | 10 | | effectively treated. | 11 | | (2) The person has not previously participated in | 12 | | the program and has not previously served a sentence of | 13 | | imprisonment for a felony in an adult correctional | 14 | | facility. | 15 | | (3) The person has consented in writing to | 16 | | participation in the program and to the terms and | 17 | | conditions thereof. | 18 | | The pilot program shall terminate on January 1, 2019.
| 19 | | (v) To do all other acts necessary to carry out the | 20 | | provisions
of this Chapter.
| 21 | | (2) The Department of Corrections shall by January 1, 1998, | 22 | | consider
building and operating a correctional facility within | 23 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 24 | | a facility designed to house juvenile
participants in the | 25 | | impact incarceration program.
| 26 | | (3) When the Department lets bids for contracts for medical
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| 1 | | services to be provided to persons committed to Department | 2 | | facilities by
a health maintenance organization, medical | 3 | | service corporation, or other
health care provider, the bid may | 4 | | only be let to a health care provider
that has obtained an | 5 | | irrevocable letter of credit or performance bond
issued by a | 6 | | company whose bonds have an investment grade or higher rating | 7 | | by a bond rating
organization.
| 8 | | (4) When the Department lets bids for
contracts for food or | 9 | | commissary services to be provided to
Department facilities, | 10 | | the bid may only be let to a food or commissary
services | 11 | | provider that has obtained an irrevocable letter of
credit or | 12 | | performance bond issued by a company whose bonds have an | 13 | | investment grade or higher rating by a bond rating | 14 | | organization.
| 15 | | (5) On and after the date 6 months after August 16, 2013 | 16 | | ( the effective date of Public Act 98-488) this amendatory Act | 17 | | of the 98th General Assembly , as provided in the Executive | 18 | | Order 1 (2012) Implementation Act, all of the powers, duties, | 19 | | rights, and responsibilities related to State healthcare | 20 | | purchasing under this Code that were transferred from the | 21 | | Department of Corrections to the Department of Healthcare and | 22 | | Family Services by Executive Order 3 (2005) are transferred | 23 | | back to the Department of Corrections; however, powers, duties, | 24 | | rights, and responsibilities related to State healthcare | 25 | | purchasing under this Code that were exercised by the | 26 | | Department of Corrections before the effective date of |
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| 1 | | Executive Order 3 (2005) but that pertain to individuals | 2 | | resident in facilities operated by the Department of Juvenile | 3 | | Justice are transferred to the Department of Juvenile Justice. | 4 | | (Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12; | 5 | | 97-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff. | 6 | | 8-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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