Illinois General Assembly - Full Text of HB0900
Illinois General Assembly

Previous General Assemblies

Full Text of HB0900  101st General Assembly




HB0900 EnrolledLRB101 07181 SLF 52219 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-2-2, 3-12-2, and 3-12-5 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
9which are otherwise provided by law, the Department shall have
10the 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



HB0900 Enrolled- 2 -LRB101 07181 SLF 52219 b

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.



HB0900 Enrolled- 3 -LRB101 07181 SLF 52219 b

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



HB0900 Enrolled- 4 -LRB101 07181 SLF 52219 b

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        (d-10) To provide educational and visitation
26    opportunities to committed persons within its institutions



HB0900 Enrolled- 5 -LRB101 07181 SLF 52219 b

1    through temporary access to content-controlled tablets
2    that may be provided as a privilege to committed persons to
3    induce or reward compliance.
4        (e) To establish a system of supervision and guidance
5    of committed persons in the community.
6        (f) To establish in cooperation with the Department of
7    Transportation to supply a sufficient number of prisoners
8    for use by the Department of Transportation to clean up the
9    trash and garbage along State, county, township, or
10    municipal highways as designated by the Department of
11    Transportation. The Department of Corrections, at the
12    request of the Department of Transportation, shall furnish
13    such prisoners at least annually for a period to be agreed
14    upon between the Director of Corrections and the Secretary
15    of Transportation. The prisoners used on this program shall
16    be selected by the Director of Corrections on whatever
17    basis he deems proper in consideration of their term,
18    behavior and earned eligibility to participate in such
19    program - where they will be outside of the prison facility
20    but still in the custody of the Department of Corrections.
21    Prisoners convicted of first degree murder, or a Class X
22    felony, or armed violence, or aggravated kidnapping, or
23    criminal sexual assault, aggravated criminal sexual abuse
24    or a subsequent conviction for criminal sexual abuse, or
25    forcible detention, or arson, or a prisoner adjudged a
26    Habitual Criminal shall not be eligible for selection to



HB0900 Enrolled- 6 -LRB101 07181 SLF 52219 b

1    participate in such program. The prisoners shall remain as
2    prisoners in the custody of the Department of Corrections
3    and such Department shall furnish whatever security is
4    necessary. The Department of Transportation shall furnish
5    trucks and equipment for the highway cleanup program and
6    personnel to supervise and direct the program. Neither the
7    Department of Corrections nor the Department of
8    Transportation shall replace any regular employee with a
9    prisoner.
10        (g) To maintain records of persons committed to it and
11    to establish programs of research, statistics and
12    planning.
13        (h) To investigate the grievances of any person
14    committed to the Department and , to inquire into any
15    alleged misconduct by employees or committed persons, and
16    to investigate the assets of committed persons to implement
17    Section 3-7-6 of this Code; and for these purposes it may
18    issue subpoenas and compel the attendance of witnesses and
19    the production of writings and papers, and may examine
20    under oath any witnesses who may appear before it; to also
21    investigate alleged violations of a parolee's or
22    releasee's conditions of parole or release; and for this
23    purpose it may issue subpoenas and compel the attendance of
24    witnesses and the production of documents only if there is
25    reason to believe that such procedures would provide
26    evidence that such violations have occurred.



HB0900 Enrolled- 7 -LRB101 07181 SLF 52219 b

1        If any person fails to obey a subpoena issued under
2    this subsection, the Director may apply to any circuit
3    court to secure compliance with the subpoena. The failure
4    to comply with the order of the court issued in response
5    thereto shall be punishable as contempt of court.
6        (i) To appoint and remove the chief administrative
7    officers, and administer programs of training and
8    development of personnel of the Department. Personnel
9    assigned by the Department to be responsible for the
10    custody and control of committed persons or to investigate
11    the alleged misconduct of committed persons or employees or
12    alleged violations of a parolee's or releasee's conditions
13    of parole shall be conservators of the peace for those
14    purposes, and shall have the full power of peace officers
15    outside of the facilities of the Department in the
16    protection, arrest, retaking and reconfining of committed
17    persons or where the exercise of such power is necessary to
18    the investigation of such misconduct or violations. This
19    subsection shall not apply to persons committed to the
20    Department of Juvenile Justice under the Juvenile Court Act
21    of 1987 on aftercare release.
22        (j) To cooperate with other departments and agencies
23    and with local communities for the development of standards
24    and programs for better correctional services in this
25    State.
26        (k) To administer all moneys and properties of the



HB0900 Enrolled- 8 -LRB101 07181 SLF 52219 b

1    Department.
2        (l) To report annually to the Governor on the committed
3    persons, institutions and programs of the Department.
4        (l-5) (Blank).
5        (m) To make all rules and regulations and exercise all
6    powers and duties vested by law in the Department.
7        (n) To establish rules and regulations for
8    administering a system of sentence credits, established in
9    accordance with Section 3-6-3, subject to review by the
10    Prisoner Review Board.
11        (o) To administer the distribution of funds from the
12    State Treasury to reimburse counties where State penal
13    institutions are located for the payment of assistant
14    state's attorneys' salaries under Section 4-2001 of the
15    Counties Code.
16        (p) To exchange information with the Department of
17    Human Services and the Department of Healthcare and Family
18    Services for the purpose of verifying living arrangements
19    and for other purposes directly connected with the
20    administration of this Code and the Illinois Public Aid
21    Code.
22        (q) To establish a diversion program.
23        The program shall provide a structured environment for
24    selected technical parole or mandatory supervised release
25    violators and committed persons who have violated the rules
26    governing their conduct while in work release. This program



HB0900 Enrolled- 9 -LRB101 07181 SLF 52219 b

1    shall not apply to those persons who have committed a new
2    offense while serving on parole or mandatory supervised
3    release or while committed to work release.
4        Elements of the program shall include, but shall not be
5    limited to, the following:
6            (1) The staff of a diversion facility shall provide
7        supervision in accordance with required objectives set
8        by the facility.
9            (2) Participants shall be required to maintain
10        employment.
11            (3) Each participant shall pay for room and board
12        at the facility on a sliding-scale basis according to
13        the participant's income.
14            (4) Each participant shall:
15                (A) provide restitution to victims in
16            accordance with any court order;
17                (B) provide financial support to his
18            dependents; and
19                (C) make appropriate payments toward any other
20            court-ordered obligations.
21            (5) Each participant shall complete community
22        service in addition to employment.
23            (6) Participants shall take part in such
24        counseling, educational and other programs as the
25        Department may deem appropriate.
26            (7) Participants shall submit to drug and alcohol



HB0900 Enrolled- 10 -LRB101 07181 SLF 52219 b

1        screening.
2            (8) The Department shall promulgate rules
3        governing the administration of the program.
4        (r) To enter into intergovernmental cooperation
5    agreements under which persons in the custody of the
6    Department may participate in a county impact
7    incarceration program established under Section 3-6038 or
8    3-15003.5 of the Counties Code.
9        (r-5) (Blank).
10        (r-10) To systematically and routinely identify with
11    respect to each streetgang active within the correctional
12    system: (1) each active gang; (2) every existing inter-gang
13    affiliation or alliance; and (3) the current leaders in
14    each gang. The Department shall promptly segregate leaders
15    from inmates who belong to their gangs and allied gangs.
16    "Segregate" means no physical contact and, to the extent
17    possible under the conditions and space available at the
18    correctional facility, prohibition of visual and sound
19    communication. For the purposes of this paragraph (r-10),
20    "leaders" means persons who:
21            (i) are members of a criminal streetgang;
22            (ii) with respect to other individuals within the
23        streetgang, occupy a position of organizer,
24        supervisor, or other position of management or
25        leadership; and
26            (iii) are actively and personally engaged in



HB0900 Enrolled- 11 -LRB101 07181 SLF 52219 b

1        directing, ordering, authorizing, or requesting
2        commission of criminal acts by others, which are
3        punishable as a felony, in furtherance of streetgang
4        related activity both within and outside of the
5        Department of Corrections.
6    "Streetgang", "gang", and "streetgang related" have the
7    meanings ascribed to them in Section 10 of the Illinois
8    Streetgang Terrorism Omnibus Prevention Act.
9        (s) To operate a super-maximum security institution,
10    in order to manage and supervise inmates who are disruptive
11    or dangerous and provide for the safety and security of the
12    staff and the other inmates.
13        (t) To monitor any unprivileged conversation or any
14    unprivileged communication, whether in person or by mail,
15    telephone, or other means, between an inmate who, before
16    commitment to the Department, was a member of an organized
17    gang and any other person without the need to show cause or
18    satisfy any other requirement of law before beginning the
19    monitoring, except as constitutionally required. The
20    monitoring may be by video, voice, or other method of
21    recording or by any other means. As used in this
22    subdivision (1)(t), "organized gang" has the meaning
23    ascribed to it in Section 10 of the Illinois Streetgang
24    Terrorism Omnibus Prevention Act.
25        As used in this subdivision (1)(t), "unprivileged
26    conversation" or "unprivileged communication" means a



HB0900 Enrolled- 12 -LRB101 07181 SLF 52219 b

1    conversation or communication that is not protected by any
2    privilege recognized by law or by decision, rule, or order
3    of the Illinois Supreme Court.
4        (u) To establish a Women's and Children's Pre-release
5    Community Supervision Program for the purpose of providing
6    housing and services to eligible female inmates, as
7    determined by the Department, and their newborn and young
8    children.
9        (u-5) To issue an order, whenever a person committed to
10    the Department absconds or absents himself or herself,
11    without authority to do so, from any facility or program to
12    which he or she is assigned. The order shall be certified
13    by the Director, the Supervisor of the Apprehension Unit,
14    or any person duly designated by the Director, with the
15    seal of the Department affixed. The order shall be directed
16    to all sheriffs, coroners, and police officers, or to any
17    particular person named in the order. Any order issued
18    pursuant to this subdivision (1) (u-5) shall be sufficient
19    warrant for the officer or person named in the order to
20    arrest and deliver the committed person to the proper
21    correctional officials and shall be executed the same as
22    criminal process.
23        (v) To do all other acts necessary to carry out the
24    provisions of this Chapter.
25    (2) The Department of Corrections shall by January 1, 1998,
26consider building and operating a correctional facility within



HB0900 Enrolled- 13 -LRB101 07181 SLF 52219 b

1100 miles of a county of over 2,000,000 inhabitants, especially
2a facility designed to house juvenile participants in the
3impact incarceration program.
4    (3) When the Department lets bids for contracts for medical
5services to be provided to persons committed to Department
6facilities by a health maintenance organization, medical
7service corporation, or other health care provider, the bid may
8only be let to a health care provider that has obtained an
9irrevocable letter of credit or performance bond issued by a
10company whose bonds have an investment grade or higher rating
11by a bond rating organization.
12    (4) When the Department lets bids for contracts for food or
13commissary services to be provided to Department facilities,
14the bid may only be let to a food or commissary services
15provider that has obtained an irrevocable letter of credit or
16performance bond issued by a company whose bonds have an
17investment grade or higher rating by a bond rating
19    (5) On and after the date 6 months after August 16, 2013
20(the effective date of Public Act 98-488), as provided in the
21Executive Order 1 (2012) Implementation Act, all of the powers,
22duties, rights, and responsibilities related to State
23healthcare purchasing under this Code that were transferred
24from the Department of Corrections to the Department of
25Healthcare and Family Services by Executive Order 3 (2005) are
26transferred back to the Department of Corrections; however,



HB0900 Enrolled- 14 -LRB101 07181 SLF 52219 b

1powers, duties, rights, and responsibilities related to State
2healthcare purchasing under this Code that were exercised by
3the Department of Corrections before the effective date of
4Executive Order 3 (2005) but that pertain to individuals
5resident in facilities operated by the Department of Juvenile
6Justice are transferred to the Department of Juvenile Justice.
7(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.)
8    (730 ILCS 5/3-12-2)  (from Ch. 38, par. 1003-12-2)
9    Sec. 3-12-2. Types of employment.
10    (a) The Department shall provide inmate workers for
11Illinois Correctional Industries to work in programs
12established to train and employ committed persons in the
13production of food stuffs and finished goods and any articles,
14materials or supplies for resale to State agencies and
15authorized purchasers. It may also employ committed persons on
16public works, buildings and property, the conservation of
17natural resources of the State, anti-pollution or
18environmental control projects, or for other public purposes,
19for the maintenance of the Department's buildings and
20properties and for the production of food or other necessities
21for its programs. The Department may establish, maintain and
22employ committed persons in the production of vehicle
23registration plates. A committed person's labor shall not be
24sold, contracted or hired out by the Department except under
25this Article.



HB0900 Enrolled- 15 -LRB101 07181 SLF 52219 b

1    (b) Works of art, literature, handicraft or other items
2produced by committed persons as an avocation and not as a
3product of a work program of the Department may be sold to the
4public under rules and regulations established by the
5Department. The cost of selling such products may be deducted
6from the proceeds, and the balance shall be credited to the
7person's account under Section 3-4-3. The Department shall
8notify the Attorney General of the existence of any proceeds
9which it believes should be applied towards a satisfaction, in
10whole or in part, of the person's incarceration costs.
11(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
12    (730 ILCS 5/3-12-5)  (from Ch. 38, par. 1003-12-5)
13    Sec. 3-12-5. Compensation. Persons performing a work
14assignment under subsection (a) of Section 3-12-2 may receive
15wages under rules and regulations of the Department. In
16determining rates of compensation, the Department shall
17consider the effort, skill and economic value of the work
18performed. Compensation may be given to persons who participate
19in other programs of the Department. Of the compensation earned
20pursuant to this Section, a portion, as determined by the
21Department, shall be used to offset the cost of the committed
22person's incarceration. If the committed person files a lawsuit
23determined frivolous under Article XXII of the Code of Civil
24Procedure, 50% of the compensation shall be used to offset the
25filing fees and costs of the lawsuit as provided in that



HB0900 Enrolled- 16 -LRB101 07181 SLF 52219 b

1Article until all fees and costs are paid in full. All other
2wages shall be deposited in the individual's account under
3rules and regulations of the Department. The Department shall
4notify the Attorney General of any compensation applied towards
5a satisfaction, in whole or in part, of the person's
6incarceration costs.
7(Source: P.A. 94-1017, eff. 7-7-06.)
8    (730 ILCS 5/3-7-6 rep.)
9    Section 10. The Unified Code of Corrections is amended by
10repealing Section 3-7-6.
11    Section 15. The Code of Civil Procedure is amended by
12changing Section 4-101 as follows:
13    (735 ILCS 5/4-101)  (from Ch. 110, par. 4-101)
14    Sec. 4-101. Cause. In any court having competent
15jurisdiction, a creditor having a money claim, whether
16liquidated or unliquidated, and whether sounding in contract or
17tort, or based upon a statutory cause of action created by law
18in favor of the People of the State of Illinois, or any agency
19of the State, may have an attachment against the property of
20his or her debtor, or that of any one or more of several
21debtors, either at the time of commencement of the action or
22thereafter, when the claim exceeds $20, in any one of the
23following cases:



HB0900 Enrolled- 17 -LRB101 07181 SLF 52219 b

1        1. Where the debtor is not a resident of this State.
2        2. When the debtor conceals himself or herself or
3    stands in defiance of an officer, so that process cannot be
4    served upon him or her.
5        3. Where the debtor has departed from this State with
6    the intention of having his or her effects removed from
7    this State.
8        4. Where the debtor is about to depart from this State
9    with the intention of having his or her effects removed
10    from this State.
11        5. Where the debtor is about to remove his or her
12    property from this State to the injury of such creditor.
13        6. Where the debtor has within 2 years preceding the
14    filing of the affidavit required, fraudulently conveyed or
15    assigned his or her effects, or a part thereof, so as to
16    hinder or delay his or her creditors.
17        7. Where the debtor has, within 2 years prior to the
18    filing of such affidavit, fraudulently concealed or
19    disposed of his or her property so as to hinder or delay
20    his or her creditors.
21        8. Where the debtor is about fraudulently to conceal,
22    assign, or otherwise dispose of his or her property or
23    effects, so as to hinder or delay his or her creditors.
24        9. Where the debt sued for was fraudulently contracted
25    on the part of the debtor. The statements of the debtor,
26    his or her agent or attorney, which constitute the fraud,



HB0900 Enrolled- 18 -LRB101 07181 SLF 52219 b

1    shall have been reduced to writing, and his or her
2    signature attached thereto, by himself or herself, agent or
3    attorney.
4        10. When the debtor is a person convicted of first
5    degree murder, a Class X felony, or aggravated kidnapping,
6    or found not guilty by reason of insanity or guilty but
7    mentally ill of first degree murder, a Class X felony, or
8    aggravated kidnapping, against the creditor and that crime
9    makes the creditor a "victim" under the Criminal Victims'
10    Asset Discovery Act.
11        11. (Blank). When the debtor is referred by the
12    Department of Corrections to the Attorney General under
13    Section 3-7-6 of the Unified Code of Corrections to recover
14    the expenses incurred as a result of that debtor's cost of
15    incarceration.
16(Source: P.A. 93-508, eff. 1-1-04.)