Full Text of SB2311 101st General Assembly
SB2311eng 101ST 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 | | (Text of Section before amendment by P.A. 101-235 )
| 8 | | Sec. 3-2-2. Powers and duties of the Department.
| 9 | | (1) In addition to the powers, duties, and responsibilities | 10 | | which are
otherwise provided by law, the Department shall have | 11 | | the following powers:
| 12 | | (a) To accept persons committed to it by the courts of | 13 | | this State for
care, custody, treatment and | 14 | | rehabilitation, and to accept federal prisoners and aliens | 15 | | over whom the Office of the Federal Detention Trustee is | 16 | | authorized to exercise the federal detention function for | 17 | | limited purposes and periods of time.
| 18 | | (b) To develop and maintain reception and evaluation | 19 | | units for purposes
of analyzing the custody and | 20 | | rehabilitation needs of persons committed to
it and to | 21 | | assign such persons to institutions and programs under its | 22 | | control
or transfer them to other appropriate agencies. In | 23 | | consultation with the
Department of Alcoholism and |
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| 1 | | Substance Abuse (now the Department of Human
Services), the | 2 | | Department of Corrections
shall develop a master plan for | 3 | | the screening and evaluation of persons
committed to its | 4 | | custody who have alcohol or drug abuse problems, and for
| 5 | | making appropriate treatment available to such persons; | 6 | | the Department
shall report to the General Assembly on such | 7 | | plan not later than April 1,
1987. The maintenance and | 8 | | implementation of such plan shall be contingent
upon the | 9 | | availability of funds.
| 10 | | (b-1) To create and implement, on January 1, 2002, a | 11 | | pilot
program to
establish the effectiveness of | 12 | | pupillometer technology (the measurement of the
pupil's
| 13 | | reaction to light) as an alternative to a urine test for | 14 | | purposes of screening
and evaluating
persons committed to | 15 | | its custody who have alcohol or drug problems. The
pilot | 16 | | program shall require the pupillometer technology to be | 17 | | used in at
least one Department of
Corrections facility. | 18 | | The Director may expand the pilot program to include an
| 19 | | additional facility or
facilities as he or she deems | 20 | | appropriate.
A minimum of 4,000 tests shall be included in | 21 | | the pilot program.
The
Department must report to the
| 22 | | General Assembly on the
effectiveness of the program by | 23 | | January 1, 2003.
| 24 | | (b-5) To develop, in consultation with the Department | 25 | | of State Police, a
program for tracking and evaluating each | 26 | | inmate from commitment through release
for recording his or |
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| 1 | | her gang affiliations, activities, or ranks.
| 2 | | (c) To maintain and administer all State correctional | 3 | | institutions and
facilities under its control and to | 4 | | establish new ones as needed. Pursuant
to its power to | 5 | | establish new institutions and facilities, the Department
| 6 | | may, with the written approval of the Governor, authorize | 7 | | the Department of
Central Management Services to enter into | 8 | | an agreement of the type
described in subsection (d) of | 9 | | Section 405-300 of the
Department
of Central Management | 10 | | Services Law (20 ILCS 405/405-300). The Department shall
| 11 | | designate those institutions which
shall constitute the | 12 | | State Penitentiary System.
| 13 | | Pursuant to its power to establish new institutions and | 14 | | facilities, the
Department may authorize the Department of | 15 | | Central Management Services to
accept bids from counties | 16 | | and municipalities for the construction,
remodeling or | 17 | | conversion of a structure to be leased to the Department of
| 18 | | Corrections for the purposes of its serving as a | 19 | | correctional institution
or facility. Such construction, | 20 | | remodeling or conversion may be financed
with revenue bonds | 21 | | issued pursuant to the Industrial Building Revenue Bond
Act | 22 | | by the municipality or county. The lease specified in a bid | 23 | | shall be
for a term of not less than the time needed to | 24 | | retire any revenue bonds
used to finance the project, but | 25 | | not to exceed 40 years. The lease may
grant to the State | 26 | | the option to purchase the structure outright.
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| 1 | | Upon receipt of the bids, the Department may certify | 2 | | one or more of the
bids and shall submit any such bids to | 3 | | the General Assembly for approval.
Upon approval of a bid | 4 | | by a constitutional majority of both houses of the
General | 5 | | Assembly, pursuant to joint resolution, the Department of | 6 | | Central
Management Services may enter into an agreement | 7 | | with the county or
municipality pursuant to such bid.
| 8 | | (c-5) To build and maintain regional juvenile | 9 | | detention centers and to
charge a per diem to the counties | 10 | | as established by the Department to defray
the costs of | 11 | | housing each minor in a center. In this subsection (c-5),
| 12 | | "juvenile
detention center" means a facility to house | 13 | | minors during pendency of trial who
have been transferred | 14 | | from proceedings under the Juvenile Court Act of 1987 to
| 15 | | prosecutions under the criminal laws of this State in | 16 | | accordance with Section
5-805 of the Juvenile Court Act of | 17 | | 1987, whether the transfer was by operation
of
law or | 18 | | permissive under that Section. The Department shall | 19 | | designate the
counties to be served by each regional | 20 | | juvenile detention center.
| 21 | | (d) To develop and maintain programs of control, | 22 | | rehabilitation and
employment of committed persons within | 23 | | its institutions.
| 24 | | (d-5) To provide a pre-release job preparation program | 25 | | for inmates at Illinois adult correctional centers.
| 26 | | (d-10) To provide educational and visitation |
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| 1 | | opportunities to committed persons within its institutions | 2 | | through temporary access to content-controlled tablets | 3 | | that may be provided as a privilege to committed persons to | 4 | | induce or reward compliance. | 5 | | (e) To establish a system of supervision and guidance | 6 | | of committed persons
in the community.
| 7 | | (f) To establish in cooperation with the Department of | 8 | | Transportation
to supply a sufficient number of prisoners | 9 | | for use by the Department of
Transportation to clean up the | 10 | | trash and garbage along State, county,
township, or | 11 | | municipal highways as designated by the Department of
| 12 | | Transportation. The Department of Corrections, at the | 13 | | request of the
Department of Transportation, shall furnish | 14 | | such prisoners at least
annually for a period to be agreed | 15 | | upon between the Director of
Corrections and the Secretary | 16 | | of Transportation. The prisoners used on this
program shall | 17 | | be selected by the Director of Corrections on whatever | 18 | | basis
he deems proper in consideration of their term, | 19 | | behavior and earned eligibility
to participate in such | 20 | | program - where they will be outside of the prison
facility | 21 | | but still in the custody of the Department of Corrections. | 22 | | Prisoners
convicted of first degree murder, or a Class X | 23 | | felony, or armed violence, or
aggravated kidnapping, or | 24 | | criminal sexual assault, aggravated criminal sexual
abuse | 25 | | or a subsequent conviction for criminal sexual abuse, or | 26 | | forcible
detention, or arson, or a prisoner adjudged a |
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| 1 | | Habitual Criminal shall not be
eligible for selection to | 2 | | participate in such program. The prisoners shall
remain as | 3 | | prisoners in the custody of the Department of Corrections | 4 | | and such
Department shall furnish whatever security is | 5 | | necessary. The Department of
Transportation shall furnish | 6 | | trucks and equipment for the highway cleanup
program and | 7 | | personnel to supervise and direct the program. Neither the
| 8 | | Department of Corrections nor the Department of | 9 | | Transportation shall replace
any regular employee with a | 10 | | prisoner.
| 11 | | (g) To maintain records of persons committed to it and | 12 | | to establish
programs of research, statistics and | 13 | | planning.
| 14 | | (h) To investigate the grievances of any person | 15 | | committed to the
Department, to inquire into any alleged | 16 | | misconduct by employees
or committed persons, and to | 17 | | investigate the assets
of committed persons to implement | 18 | | Section 3-7-6 of this Code; and for
these purposes it may | 19 | | issue subpoenas and compel the attendance of witnesses
and | 20 | | the production of writings and papers, and may examine | 21 | | under oath any
witnesses who may appear before it; to also | 22 | | investigate alleged violations
of a parolee's or | 23 | | releasee's conditions of parole or release; and for this
| 24 | | purpose it may issue subpoenas and compel the attendance of | 25 | | witnesses and
the production of documents only if there is | 26 | | reason to believe that such
procedures would provide |
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| 1 | | evidence that such violations have occurred.
| 2 | | If any person fails to obey a subpoena issued under | 3 | | this subsection,
the Director may apply to any circuit | 4 | | court to secure compliance with the
subpoena. The failure | 5 | | to comply with the order of the court issued in
response | 6 | | thereto shall be punishable as contempt of court.
| 7 | | (i) To appoint and remove the chief administrative | 8 | | officers, and
administer
programs of training and | 9 | | development of personnel of the Department. Personnel
| 10 | | assigned by the Department to be responsible for the
| 11 | | custody and control of committed persons or to investigate | 12 | | the alleged
misconduct of committed persons or employees or | 13 | | alleged violations of a
parolee's or releasee's conditions | 14 | | of parole shall be conservators of the peace
for those | 15 | | purposes, and shall have the full power of peace officers | 16 | | outside
of the facilities of the Department in the | 17 | | protection, arrest, retaking
and reconfining of committed | 18 | | persons or where the exercise of such power
is necessary to | 19 | | the investigation of such misconduct or violations. This | 20 | | subsection shall not apply to persons committed to the | 21 | | Department of Juvenile Justice under the Juvenile Court Act | 22 | | of 1987 on aftercare release.
| 23 | | (j) To cooperate with other departments and agencies | 24 | | and with local
communities for the development of standards | 25 | | and programs for better
correctional services in this | 26 | | State.
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| 1 | | (k) To administer all moneys and properties of the | 2 | | Department.
| 3 | | (l) To report annually to the Governor on the committed
| 4 | | persons, institutions and programs of the Department.
| 5 | | (l-5) (Blank).
| 6 | | (m) To make all rules and regulations and exercise all | 7 | | powers and duties
vested by law in the Department.
| 8 | | (n) To establish rules and regulations for | 9 | | administering a system of
sentence credits, established in | 10 | | accordance with Section 3-6-3, subject
to review by the | 11 | | Prisoner Review Board.
| 12 | | (o) To administer the distribution of funds
from the | 13 | | State Treasury to reimburse counties where State penal
| 14 | | institutions are located for the payment of assistant | 15 | | state's attorneys'
salaries under Section 4-2001 of the | 16 | | Counties Code.
| 17 | | (p) To exchange information with the Department of | 18 | | Human Services and the
Department of Healthcare and Family | 19 | | Services
for the purpose of verifying living arrangements | 20 | | and for other purposes
directly connected with the | 21 | | administration of this Code and the Illinois
Public Aid | 22 | | Code.
| 23 | | (q) To establish a diversion program.
| 24 | | The program shall provide a structured environment for | 25 | | selected
technical parole or mandatory supervised release | 26 | | violators and committed
persons who have violated the rules |
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| 1 | | governing their conduct while in work
release. This program | 2 | | shall not apply to those persons who have committed
a new | 3 | | offense while serving on parole or mandatory supervised | 4 | | release or
while committed to work release.
| 5 | | Elements of the program shall include, but shall not be | 6 | | limited to, the
following:
| 7 | | (1) The staff of a diversion facility shall provide | 8 | | supervision in
accordance with required objectives set | 9 | | by the facility.
| 10 | | (2) Participants shall be required to maintain | 11 | | employment.
| 12 | | (3) Each participant shall pay for room and board | 13 | | at the facility on a
sliding-scale basis according to | 14 | | the participant's income.
| 15 | | (4) Each participant shall:
| 16 | | (A) provide restitution to victims in | 17 | | accordance with any court order;
| 18 | | (B) provide financial support to his | 19 | | dependents; and
| 20 | | (C) make appropriate payments toward any other | 21 | | court-ordered
obligations.
| 22 | | (5) Each participant shall complete community | 23 | | service in addition to
employment.
| 24 | | (6) Participants shall take part in such | 25 | | counseling, educational and
other programs as the | 26 | | Department may deem appropriate.
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| 1 | | (7) Participants shall submit to drug and alcohol | 2 | | screening.
| 3 | | (8) The Department shall promulgate rules | 4 | | governing the administration
of the program.
| 5 | | (r) To enter into intergovernmental cooperation | 6 | | agreements under which
persons in the custody of the | 7 | | Department may participate in a county impact
| 8 | | incarceration program established under Section 3-6038 or | 9 | | 3-15003.5 of the
Counties Code.
| 10 | | (r-5) (Blank).
| 11 | | (r-10) To systematically and routinely identify with | 12 | | respect to each
streetgang active within the correctional | 13 | | system: (1) each active gang; (2)
every existing inter-gang | 14 | | affiliation or alliance; and (3) the current leaders
in | 15 | | each gang. The Department shall promptly segregate leaders | 16 | | from inmates who
belong to their gangs and allied gangs. | 17 | | "Segregate" means no physical contact
and, to the extent | 18 | | possible under the conditions and space available at the
| 19 | | correctional facility, prohibition of visual and sound | 20 | | communication. For the
purposes of this paragraph (r-10), | 21 | | "leaders" means persons who:
| 22 | | (i) are members of a criminal streetgang;
| 23 | | (ii) with respect to other individuals within the | 24 | | streetgang, occupy a
position of organizer, | 25 | | supervisor, or other position of management or
| 26 | | leadership; and
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| 1 | | (iii) are actively and personally engaged in | 2 | | directing, ordering,
authorizing, or requesting | 3 | | commission of criminal acts by others, which are
| 4 | | punishable as a felony, in furtherance of streetgang | 5 | | related activity both
within and outside of the | 6 | | Department of Corrections.
| 7 | | "Streetgang", "gang", and "streetgang related" have the | 8 | | meanings ascribed to
them in Section 10 of the Illinois | 9 | | Streetgang Terrorism Omnibus Prevention
Act.
| 10 | | (s) To operate a super-maximum security institution, | 11 | | in order to
manage and
supervise inmates who are disruptive | 12 | | or dangerous and provide for the safety
and security of the | 13 | | staff and the other inmates.
| 14 | | (t) To monitor any unprivileged conversation or any | 15 | | unprivileged
communication, whether in person or by mail, | 16 | | telephone, or other means,
between an inmate who, before | 17 | | commitment to the Department, was a member of an
organized | 18 | | gang and any other person without the need to show cause or | 19 | | satisfy
any other requirement of law before beginning the | 20 | | monitoring, except as
constitutionally required. The | 21 | | monitoring may be by video, voice, or other
method of | 22 | | recording or by any other means. As used in this | 23 | | subdivision (1)(t),
"organized gang" has the meaning | 24 | | ascribed to it in Section 10 of the Illinois
Streetgang | 25 | | Terrorism Omnibus Prevention Act.
| 26 | | As used in this subdivision (1)(t), "unprivileged |
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| 1 | | conversation" or
"unprivileged communication" means a | 2 | | conversation or communication that is not
protected by any | 3 | | privilege recognized by law or by decision, rule, or order | 4 | | of
the Illinois Supreme Court.
| 5 | | (u) To establish a Women's and Children's Pre-release | 6 | | Community
Supervision
Program for the purpose of providing | 7 | | housing and services to eligible female
inmates, as | 8 | | determined by the Department, and their newborn and young
| 9 | | children.
| 10 | | (u-5) To issue an order, whenever a person committed to | 11 | | the Department absconds or absents himself or herself, | 12 | | without authority to do so, from any facility or program to | 13 | | which he or she is assigned. The order shall be certified | 14 | | by the Director, the Supervisor of the Apprehension Unit, | 15 | | or any person duly designated by the Director, with the | 16 | | seal of the Department affixed. The order shall be directed | 17 | | to all sheriffs, coroners, and police officers, or to any | 18 | | particular person named in the order. Any order issued | 19 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 20 | | warrant for the officer or person named in the order to | 21 | | arrest and deliver the committed person to the proper | 22 | | correctional officials and shall be executed the same as | 23 | | criminal process. | 24 | | (v) To do all other acts necessary to carry out the | 25 | | provisions
of this Chapter.
| 26 | | (2) The Department of Corrections shall by January 1, 1998, |
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| 1 | | consider
building and operating a correctional facility within | 2 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 3 | | a facility designed to house juvenile
participants in the | 4 | | impact incarceration program.
| 5 | | (3) When the Department lets bids for contracts for medical
| 6 | | services to be provided to persons committed to Department | 7 | | facilities by
a health maintenance organization, medical | 8 | | service corporation, or other
health care provider, the bid may | 9 | | only be let to a health care provider
that has obtained an | 10 | | irrevocable letter of credit or performance bond
issued by a | 11 | | company whose bonds have an investment grade or higher rating | 12 | | by a bond rating
organization.
| 13 | | (4) When the Department lets bids for
contracts for food or | 14 | | commissary services to be provided to
Department facilities, | 15 | | the bid may only be let to a food or commissary
services | 16 | | provider that has obtained an irrevocable letter of
credit or | 17 | | performance bond issued by a company whose bonds have an | 18 | | investment grade or higher rating by a bond rating | 19 | | organization.
| 20 | | (5) On and after the date 6 months after August 16, 2013 | 21 | | (the effective date of Public Act 98-488), as provided in the | 22 | | Executive Order 1 (2012) Implementation Act, all of the powers, | 23 | | duties, rights, and responsibilities related to State | 24 | | healthcare purchasing under this Code that were transferred | 25 | | from the Department of Corrections to the Department of | 26 | | Healthcare and Family Services by Executive Order 3 (2005) are |
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| 1 | | transferred back to the Department of Corrections; however, | 2 | | powers, duties, rights, and responsibilities related to State | 3 | | healthcare purchasing under this Code that were exercised by | 4 | | the Department of Corrections before the effective date of | 5 | | Executive Order 3 (2005) but that pertain to individuals | 6 | | resident in facilities operated by the Department of Juvenile | 7 | | Justice are transferred to the Department of Juvenile Justice. | 8 | | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 9 | | (Text of Section after amendment by P.A. 101-235 )
| 10 | | Sec. 3-2-2. Powers and duties of the Department.
| 11 | | (1) In addition to the powers, duties, and responsibilities | 12 | | which are
otherwise provided by law, the Department shall have | 13 | | the following powers:
| 14 | | (a) To accept persons committed to it by the courts of | 15 | | this State for
care, custody, treatment and | 16 | | rehabilitation, and to accept federal prisoners and aliens | 17 | | over whom the Office of the Federal Detention Trustee is | 18 | | authorized to exercise the federal detention function for | 19 | | limited purposes and periods of time.
| 20 | | (b) To develop and maintain reception and evaluation | 21 | | units for purposes
of analyzing the custody and | 22 | | rehabilitation needs of persons committed to
it and to | 23 | | assign such persons to institutions and programs under its | 24 | | control
or transfer them to other appropriate agencies. In | 25 | | consultation with the
Department of Alcoholism and |
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| 1 | | Substance Abuse (now the Department of Human
Services), the | 2 | | Department of Corrections
shall develop a master plan for | 3 | | the screening and evaluation of persons
committed to its | 4 | | custody who have alcohol or drug abuse problems, and for
| 5 | | making appropriate treatment available to such persons; | 6 | | the Department
shall report to the General Assembly on such | 7 | | plan not later than April 1,
1987. The maintenance and | 8 | | implementation of such plan shall be contingent
upon the | 9 | | availability of funds.
| 10 | | (b-1) To create and implement, on January 1, 2002, a | 11 | | pilot
program to
establish the effectiveness of | 12 | | pupillometer technology (the measurement of the
pupil's
| 13 | | reaction to light) as an alternative to a urine test for | 14 | | purposes of screening
and evaluating
persons committed to | 15 | | its custody who have alcohol or drug problems. The
pilot | 16 | | program shall require the pupillometer technology to be | 17 | | used in at
least one Department of
Corrections facility. | 18 | | The Director may expand the pilot program to include an
| 19 | | additional facility or
facilities as he or she deems | 20 | | appropriate.
A minimum of 4,000 tests shall be included in | 21 | | the pilot program.
The
Department must report to the
| 22 | | General Assembly on the
effectiveness of the program by | 23 | | January 1, 2003.
| 24 | | (b-5) To develop, in consultation with the Department | 25 | | of State Police, a
program for tracking and evaluating each | 26 | | inmate from commitment through release
for recording his or |
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| 1 | | her gang affiliations, activities, or ranks.
| 2 | | (c) To maintain and administer all State correctional | 3 | | institutions and
facilities under its control and to | 4 | | establish new ones as needed. Pursuant
to its power to | 5 | | establish new institutions and facilities, the Department
| 6 | | may, with the written approval of the Governor, authorize | 7 | | the Department of
Central Management Services to enter into | 8 | | an agreement of the type
described in subsection (d) of | 9 | | Section 405-300 of the
Department
of Central Management | 10 | | Services Law (20 ILCS 405/405-300). The Department shall
| 11 | | designate those institutions which
shall constitute the | 12 | | State Penitentiary System.
| 13 | | Pursuant to its power to establish new institutions and | 14 | | facilities, the
Department may authorize the Department of | 15 | | Central Management Services to
accept bids from counties | 16 | | and municipalities for the construction,
remodeling or | 17 | | conversion of a structure to be leased to the Department of
| 18 | | Corrections for the purposes of its serving as a | 19 | | correctional institution
or facility. Such construction, | 20 | | remodeling or conversion may be financed
with revenue bonds | 21 | | issued pursuant to the Industrial Building Revenue Bond
Act | 22 | | by the municipality or county. The lease specified in a bid | 23 | | shall be
for a term of not less than the time needed to | 24 | | retire any revenue bonds
used to finance the project, but | 25 | | not to exceed 40 years. The lease may
grant to the State | 26 | | the option to purchase the structure outright.
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| 1 | | Upon receipt of the bids, the Department may certify | 2 | | one or more of the
bids and shall submit any such bids to | 3 | | the General Assembly for approval.
Upon approval of a bid | 4 | | by a constitutional majority of both houses of the
General | 5 | | Assembly, pursuant to joint resolution, the Department of | 6 | | Central
Management Services may enter into an agreement | 7 | | with the county or
municipality pursuant to such bid.
| 8 | | (c-5) To build and maintain regional juvenile | 9 | | detention centers and to
charge a per diem to the counties | 10 | | as established by the Department to defray
the costs of | 11 | | housing each minor in a center. In this subsection (c-5),
| 12 | | "juvenile
detention center" means a facility to house | 13 | | minors during pendency of trial who
have been transferred | 14 | | from proceedings under the Juvenile Court Act of 1987 to
| 15 | | prosecutions under the criminal laws of this State in | 16 | | accordance with Section
5-805 of the Juvenile Court Act of | 17 | | 1987, whether the transfer was by operation
of
law or | 18 | | permissive under that Section. The Department shall | 19 | | designate the
counties to be served by each regional | 20 | | juvenile detention center.
| 21 | | (d) To develop and maintain programs of control, | 22 | | rehabilitation and
employment of committed persons within | 23 | | its institutions.
| 24 | | (d-5) To provide a pre-release job preparation program | 25 | | for inmates at Illinois adult correctional centers.
| 26 | | (d-10) To provide educational and visitation |
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| 1 | | opportunities to committed persons within its institutions | 2 | | through temporary access to content-controlled tablets | 3 | | that may be provided as a privilege to committed persons to | 4 | | induce or reward compliance. | 5 | | (e) To establish a system of supervision and guidance | 6 | | of committed persons
in the community.
| 7 | | (f) To establish in cooperation with the Department of | 8 | | Transportation
to supply a sufficient number of prisoners | 9 | | for use by the Department of
Transportation to clean up the | 10 | | trash and garbage along State, county,
township, or | 11 | | municipal highways as designated by the Department of
| 12 | | Transportation. The Department of Corrections, at the | 13 | | request of the
Department of Transportation, shall furnish | 14 | | such prisoners at least
annually for a period to be agreed | 15 | | upon between the Director of
Corrections and the Secretary | 16 | | of Transportation. The prisoners used on this
program shall | 17 | | be selected by the Director of Corrections on whatever | 18 | | basis
he deems proper in consideration of their term, | 19 | | behavior and earned eligibility
to participate in such | 20 | | program - where they will be outside of the prison
facility | 21 | | but still in the custody of the Department of Corrections. | 22 | | Prisoners
convicted of first degree murder, or a Class X | 23 | | felony, or armed violence, or
aggravated kidnapping, or | 24 | | criminal sexual assault, aggravated criminal sexual
abuse | 25 | | or a subsequent conviction for criminal sexual abuse, or | 26 | | forcible
detention, or arson, or a prisoner adjudged a |
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| 1 | | Habitual Criminal shall not be
eligible for selection to | 2 | | participate in such program. The prisoners shall
remain as | 3 | | prisoners in the custody of the Department of Corrections | 4 | | and such
Department shall furnish whatever security is | 5 | | necessary. The Department of
Transportation shall furnish | 6 | | trucks and equipment for the highway cleanup
program and | 7 | | personnel to supervise and direct the program. Neither the
| 8 | | Department of Corrections nor the Department of | 9 | | Transportation shall replace
any regular employee with a | 10 | | prisoner.
| 11 | | (g) To maintain records of persons committed to it and | 12 | | to establish
programs of research, statistics and | 13 | | planning.
| 14 | | (h) To investigate the grievances of any person | 15 | | committed to the
Department and to inquire into any alleged | 16 | | misconduct by employees
or committed persons; and for
these | 17 | | purposes it may issue subpoenas and compel the attendance | 18 | | of witnesses
and the production of writings and papers, and | 19 | | may examine under oath any
witnesses who may appear before | 20 | | it; to also investigate alleged violations
of a parolee's | 21 | | or releasee's conditions of parole or release; and for this
| 22 | | purpose it may issue subpoenas and compel the attendance of | 23 | | witnesses and
the production of documents only if there is | 24 | | reason to believe that such
procedures would provide | 25 | | evidence that such violations have occurred.
| 26 | | If any person fails to obey a subpoena issued under |
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| 1 | | this subsection,
the Director may apply to any circuit | 2 | | court to secure compliance with the
subpoena. The failure | 3 | | to comply with the order of the court issued in
response | 4 | | thereto shall be punishable as contempt of court.
| 5 | | (i) To appoint and remove the chief administrative | 6 | | officers, and
administer
programs of training and | 7 | | development of personnel of the Department. Personnel
| 8 | | assigned by the Department to be responsible for the
| 9 | | custody and control of committed persons or to investigate | 10 | | the alleged
misconduct of committed persons or employees or | 11 | | alleged violations of a
parolee's or releasee's conditions | 12 | | of parole shall be conservators of the peace
for those | 13 | | purposes, and shall have the full power of peace officers | 14 | | outside
of the facilities of the Department in the | 15 | | protection, arrest, retaking
and reconfining of committed | 16 | | persons or where the exercise of such power
is necessary to | 17 | | the investigation of such misconduct or violations. This | 18 | | subsection shall not apply to persons committed to the | 19 | | Department of Juvenile Justice under the Juvenile Court Act | 20 | | of 1987 on aftercare release.
| 21 | | (j) To cooperate with other departments and agencies | 22 | | and with local
communities for the development of standards | 23 | | and programs for better
correctional services in this | 24 | | State.
| 25 | | (k) To administer all moneys and properties of the | 26 | | Department.
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| 1 | | (l) To report annually to the Governor on the committed
| 2 | | persons, institutions and programs of the Department.
| 3 | | (l-5) (Blank).
| 4 | | (m) To make all rules and regulations and exercise all | 5 | | powers and duties
vested by law in the Department.
| 6 | | (n) To establish rules and regulations for | 7 | | administering a system of
sentence credits, established in | 8 | | accordance with Section 3-6-3, subject
to review by the | 9 | | Prisoner Review Board.
| 10 | | (o) To administer the distribution of funds
from the | 11 | | State Treasury to reimburse counties where State penal
| 12 | | institutions are located for the payment of assistant | 13 | | state's attorneys'
salaries under Section 4-2001 of the | 14 | | Counties Code.
| 15 | | (p) To exchange information with the Department of | 16 | | Human Services and the
Department of Healthcare and Family | 17 | | Services
for the purpose of verifying living arrangements | 18 | | and for other purposes
directly connected with the | 19 | | administration of this Code and the Illinois
Public Aid | 20 | | Code.
| 21 | | (q) To establish a diversion program.
| 22 | | The program shall provide a structured environment for | 23 | | selected
technical parole or mandatory supervised release | 24 | | violators and committed
persons who have violated the rules | 25 | | governing their conduct while in work
release. This program | 26 | | shall not apply to those persons who have committed
a new |
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| 1 | | offense while serving on parole or mandatory supervised | 2 | | release or
while committed to work release.
| 3 | | Elements of the program shall include, but shall not be | 4 | | limited to, the
following:
| 5 | | (1) The staff of a diversion facility shall provide | 6 | | supervision in
accordance with required objectives set | 7 | | by the facility.
| 8 | | (2) Participants shall be required to maintain | 9 | | employment.
| 10 | | (3) Each participant shall pay for room and board | 11 | | at the facility on a
sliding-scale basis according to | 12 | | the participant's income.
| 13 | | (4) Each participant shall:
| 14 | | (A) provide restitution to victims in | 15 | | accordance with any court order;
| 16 | | (B) provide financial support to his | 17 | | dependents; and
| 18 | | (C) make appropriate payments toward any other | 19 | | court-ordered
obligations.
| 20 | | (5) Each participant shall complete community | 21 | | service in addition to
employment.
| 22 | | (6) Participants shall take part in such | 23 | | counseling, educational and
other programs as the | 24 | | Department may deem appropriate.
| 25 | | (7) Participants shall submit to drug and alcohol | 26 | | screening.
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| 1 | | (8) The Department shall promulgate rules | 2 | | governing the administration
of the program.
| 3 | | (r) To enter into intergovernmental cooperation | 4 | | agreements under which
persons in the custody of the | 5 | | Department may participate in a county impact
| 6 | | incarceration program established under Section 3-6038 or | 7 | | 3-15003.5 of the
Counties Code.
| 8 | | (r-5) (Blank).
| 9 | | (r-10) To systematically and routinely identify with | 10 | | respect to each
streetgang active within the correctional | 11 | | system: (1) each active gang; (2)
every existing inter-gang | 12 | | affiliation or alliance; and (3) the current leaders
in | 13 | | each gang. The Department shall promptly segregate leaders | 14 | | from inmates who
belong to their gangs and allied gangs. | 15 | | "Segregate" means no physical contact
and, to the extent | 16 | | possible under the conditions and space available at the
| 17 | | correctional facility, prohibition of visual and sound | 18 | | communication. For the
purposes of this paragraph (r-10), | 19 | | "leaders" means persons who:
| 20 | | (i) are members of a criminal streetgang;
| 21 | | (ii) with respect to other individuals within the | 22 | | streetgang, occupy a
position of organizer, | 23 | | supervisor, or other position of management or
| 24 | | leadership; and
| 25 | | (iii) are actively and personally engaged in | 26 | | directing, ordering,
authorizing, or requesting |
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| 1 | | commission of criminal acts by others, which are
| 2 | | punishable as a felony, in furtherance of streetgang | 3 | | related activity both
within and outside of the | 4 | | Department of Corrections.
| 5 | | "Streetgang", "gang", and "streetgang related" have the | 6 | | meanings ascribed to
them in Section 10 of the Illinois | 7 | | Streetgang Terrorism Omnibus Prevention
Act.
| 8 | | (s) To operate a super-maximum security institution, | 9 | | in order to
manage and
supervise inmates who are disruptive | 10 | | or dangerous and provide for the safety
and security of the | 11 | | staff and the other inmates.
| 12 | | (t) To monitor any unprivileged conversation or any | 13 | | unprivileged
communication, whether in person or by mail, | 14 | | telephone, or other means,
between an inmate who, before | 15 | | commitment to the Department, was a member of an
organized | 16 | | gang and any other person without the need to show cause or | 17 | | satisfy
any other requirement of law before beginning the | 18 | | monitoring, except as
constitutionally required. The | 19 | | monitoring may be by video, voice, or other
method of | 20 | | recording or by any other means. As used in this | 21 | | subdivision (1)(t),
"organized gang" has the meaning | 22 | | ascribed to it in Section 10 of the Illinois
Streetgang | 23 | | Terrorism Omnibus Prevention Act.
| 24 | | As used in this subdivision (1)(t), "unprivileged | 25 | | conversation" or
"unprivileged communication" means a | 26 | | conversation or communication that is not
protected by any |
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| 1 | | privilege recognized by law or by decision, rule, or order | 2 | | of
the Illinois Supreme Court.
| 3 | | (u) To establish a Women's and Children's Pre-release | 4 | | Community
Supervision
Program for the purpose of providing | 5 | | housing and services to eligible female
inmates, as | 6 | | determined by the Department, and their newborn and young
| 7 | | children.
| 8 | | (u-5) To issue an order, whenever a person committed to | 9 | | the Department absconds or absents himself or herself, | 10 | | without authority to do so, from any facility or program to | 11 | | which he or she is assigned. The order shall be certified | 12 | | by the Director, the Supervisor of the Apprehension Unit, | 13 | | or any person duly designated by the Director, with the | 14 | | seal of the Department affixed. The order shall be directed | 15 | | to all sheriffs, coroners, and police officers, or to any | 16 | | particular person named in the order. Any order issued | 17 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 18 | | warrant for the officer or person named in the order to | 19 | | arrest and deliver the committed person to the proper | 20 | | correctional officials and shall be executed the same as | 21 | | criminal process. | 22 | | (u-6) To appoint a point of contact person who shall | 23 | | receive suggestions, complaints, or other requests to the | 24 | | Department from visitors to Department institutions or | 25 | | facilities and from other members of the public. | 26 | | (v) To do all other acts necessary to carry out the |
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| 1 | | provisions
of this Chapter.
| 2 | | (2) The Department of Corrections shall by January 1, 1998, | 3 | | consider
building and operating a correctional facility within | 4 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 5 | | a facility designed to house juvenile
participants in the | 6 | | impact incarceration program.
| 7 | | (3) When the Department lets bids for contracts for medical
| 8 | | services to be provided to persons committed to Department | 9 | | facilities by
a health maintenance organization, medical | 10 | | service corporation, or other
health care provider, the bid may | 11 | | only be let to a health care provider
that has obtained an | 12 | | irrevocable letter of credit or performance bond
issued by a | 13 | | company whose bonds have an investment grade or higher rating | 14 | | by a bond rating
organization.
| 15 | | (4) When the Department lets bids for
contracts for food or | 16 | | commissary services to be provided to
Department facilities, | 17 | | the bid may only be let to a food or commissary
services | 18 | | provider that has obtained an irrevocable letter of
credit or | 19 | | performance bond issued by a company whose bonds have an | 20 | | investment grade or higher rating by a bond rating | 21 | | organization.
| 22 | | (5) On and after the date 6 months after August 16, 2013 | 23 | | (the effective date of Public Act 98-488), as provided in the | 24 | | Executive Order 1 (2012) Implementation Act, all of the powers, | 25 | | duties, rights, and responsibilities related to State | 26 | | healthcare purchasing under this Code that were transferred |
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| 1 | | from the Department of Corrections to the Department of | 2 | | Healthcare and Family Services by Executive Order 3 (2005) are | 3 | | transferred back to the Department of Corrections; however, | 4 | | powers, duties, rights, and responsibilities related to State | 5 | | healthcare purchasing under this Code that were exercised by | 6 | | the Department of Corrections before the effective date of | 7 | | Executive Order 3 (2005) but that pertain to individuals | 8 | | resident in facilities operated by the Department of Juvenile | 9 | | Justice are transferred to the Department of Juvenile Justice. | 10 | | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; | 11 | | 101-235, eff. 1-1-20.)
| 12 | | Section 95. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act.
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