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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0128eng
105 ILCS 5/34-18.17 new
Amends the School Code. Provides that the Chicago Board
of Education shall establish a pilot program to prevent
crimes. Requires the board to identify students who are at
risk of committing crimes but who are not yet disciplinary
problems. Provides for a guided tour of prison to discourage
criminal behavior.
LRB9000945THpk
HB0128 Engrossed LRB9000945THpk
1 AN ACT to discourage criminal behavior, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by adding Section
6 27-23.5 as follows:
7 (105 ILCS 5/27-23.5 new)
8 Sec. 27-23.5. Prison life video. In all school
9 districts, including special charter districts and school
10 districts organized under Article 34, the school district
11 shall show at least once each school year in each attendance
12 center of the district the educational video on the realities
13 of prison life that the Department of Corrections is required
14 to produce and make available to school districts as provided
15 in subsection (3) of Section 3-2-2 of the Unified Code of
16 Corrections.
17 Section 10. The Unified Code of Corrections is amended
18 by changing Section 3-2-2 as follows:
19 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
20 (Text of Section before amendment by P.A. 89-507)
21 Sec. 3-2-2. Powers and Duties of the Department.
22 (1) In addition to the powers, duties and
23 responsibilities which are otherwise provided by law, the
24 Department shall have the following powers:
25 (a) To accept persons committed to it by the courts of
26 this State for care, custody, treatment and rehabilitation.
27 (b) To develop and maintain reception and evaluation
28 units for purposes of analyzing the custody and
29 rehabilitation needs of persons committed to it and to assign
HB0128 Engrossed -2- LRB9000945THpk
1 such persons to institutions and programs under its control
2 or transfer them to other appropriate agencies. In
3 consultation with the Department of Alcoholism and Substance
4 Abuse, the Department of Corrections shall develop a master
5 plan for the screening and evaluation of persons committed to
6 its custody who have alcohol or drug abuse problems, and for
7 making appropriate treatment available to such persons; the
8 Department shall report to the General Assembly on such plan
9 not later than April 1, 1987. The maintenance and
10 implementation of such plan shall be contingent upon the
11 availability of funds.
12 (b-5) To develop, in consultation with the Department of
13 State Police, a program for tracking and evaluating each
14 inmate from commitment through release for recording his or
15 her gang affiliations, activities, or ranks.
16 (c) To maintain and administer all State correctional
17 institutions and facilities under its control and to
18 establish new ones as needed. Pursuant to its power to
19 establish new institutions and facilities, the Department
20 may, with the written approval of the Governor, authorize the
21 Department of Central Management Services to enter into an
22 agreement of the type described in subsection (d) of Section
23 67.02 of the Civil Administrative Code of Illinois. The
24 Department shall designate those institutions which shall
25 constitute the State Penitentiary System.
26 Pursuant to its power to establish new institutions and
27 facilities, the Department may authorize the Department of
28 Central Management Services to accept bids from counties and
29 municipalities for the construction, remodeling or conversion
30 of a structure to be leased to the Department of Corrections
31 for the purposes of its serving as a correctional institution
32 or facility. Such construction, remodeling or conversion may
33 be financed with revenue bonds issued pursuant to the
34 Industrial Building Revenue Bond Act by the municipality or
HB0128 Engrossed -3- LRB9000945THpk
1 county. The lease specified in a bid shall be for a term of
2 not less than the time needed to retire any revenue bonds
3 used to finance the project, but not to exceed 40 years. The
4 lease may grant to the State the option to purchase the
5 structure outright.
6 Upon receipt of the bids, the Department may certify one
7 or more of the bids and shall submit any such bids to the
8 General Assembly for approval. Upon approval of a bid by a
9 constitutional majority of both houses of the General
10 Assembly, pursuant to joint resolution, the Department of
11 Central Management Services may enter into an agreement with
12 the county or municipality pursuant to such bid.
13 (c-5) To build and maintain regional juvenile detention
14 centers and to charge a per diem to the counties as
15 established by the Department to defray the costs of housing
16 each minor in a center. In this subsection (c-5), "juvenile
17 detention center" means a facility to house minors during
18 pendency of trial who have been transferred from proceedings
19 under the Juvenile Court Act of 1987 to prosecutions under
20 the criminal laws of this State in accordance with Section
21 5-4 of the Juvenile Court Act of 1987, whether the transfer
22 was by operation of law or permissive under that Section.
23 The Department shall designate the counties to be served by
24 each regional juvenile detention center.
25 (d) To develop and maintain programs of control,
26 rehabilitation and employment of committed persons within its
27 institutions.
28 (e) To establish a system of supervision and guidance of
29 committed persons in the community.
30 (f) To establish in cooperation with the Department of
31 Transportation to supply a sufficient number of prisoners for
32 use by the Department of Transportation to clean up the trash
33 and garbage along State, county, township, or municipal
34 highways as designated by the Department of Transportation.
HB0128 Engrossed -4- LRB9000945THpk
1 The Department of Corrections, at the request of the
2 Department of Transportation, shall furnish such prisoners at
3 least annually for a period to be agreed upon between the
4 Director of Corrections and the Director of Transportation.
5 The prisoners used on this program shall be selected by the
6 Director of Corrections on whatever basis he deems proper in
7 consideration of their term, behavior and earned eligibility
8 to participate in such program - where they will be outside
9 of the prison facility but still in the custody of the
10 Department of Corrections. Prisoners convicted of first
11 degree murder, or a Class X felony, or armed violence, or
12 aggravated kidnapping, or criminal sexual assault,
13 aggravated criminal sexual abuse or a subsequent conviction
14 for criminal sexual abuse, or forcible detention, or arson,
15 or a prisoner adjudged a Habitual Criminal shall not be
16 eligible for selection to participate in such program. The
17 prisoners shall remain as prisoners in the custody of the
18 Department of Corrections and such Department shall furnish
19 whatever security is necessary. The Department of
20 Transportation shall furnish trucks and equipment for the
21 highway cleanup program and personnel to supervise and direct
22 the program. Neither the Department of Corrections nor the
23 Department of Transportation shall replace any regular
24 employee with a prisoner.
25 (g) To maintain records of persons committed to it and
26 to establish programs of research, statistics and planning.
27 (h) To investigate the grievances of any person
28 committed to the Department, to inquire into any alleged
29 misconduct by employees or committed persons, and to
30 investigate the assets of committed persons to implement
31 Section 3-7-6 of this Code; and for these purposes it may
32 issue subpoenas and compel the attendance of witnesses and
33 the production of writings and papers, and may examine under
34 oath any witnesses who may appear before it; to also
HB0128 Engrossed -5- LRB9000945THpk
1 investigate alleged violations of a parolee's or releasee's
2 conditions of parole or release; and for this purpose it may
3 issue subpoenas and compel the attendance of witnesses and
4 the production of documents only if there is reason to
5 believe that such procedures would provide evidence that such
6 violations have occurred.
7 If any person fails to obey a subpoena issued under this
8 subsection, the Director may apply to any circuit court to
9 secure compliance with the subpoena. The failure to comply
10 with the order of the court issued in response thereto shall
11 be punishable as contempt of court.
12 (i) To appoint and remove the chief administrative
13 officers, and administer programs of training and development
14 of personnel of the Department. Personnel assigned by the
15 Department to be responsible for the custody and control of
16 committed persons or to investigate the alleged misconduct of
17 committed persons or employees or alleged violations of a
18 parolee's or releasee's conditions of parole shall be
19 conservators of the peace for those purposes, and shall have
20 the full power of peace officers outside of the facilities of
21 the Department in the protection, arrest, retaking and
22 reconfining of committed persons or where the exercise of
23 such power is necessary to the investigation of such
24 misconduct or violations.
25 (j) To cooperate with other departments and agencies and
26 with local communities for the development of standards and
27 programs for better correctional services in this State.
28 (k) To administer all moneys and properties of the
29 Department.
30 (l) To report annually to the Governor on the committed
31 persons, institutions and programs of the Department.
32 (l-5) In a confidential annual report to the Governor,
33 the Department shall identify all inmate gangs by specifying
34 each current gang's name, population and allied gangs. The
HB0128 Engrossed -6- LRB9000945THpk
1 Department shall further specify the number of top leaders
2 identified by the Department for each gang during the past
3 year, and the measures taken by the Department to segregate
4 each leader from his or her gang and allied gangs. The
5 Department shall further report the current status of leaders
6 identified and segregated in previous years. All leaders
7 described in the report shall be identified by inmate number
8 or other designation to enable tracking, auditing, and
9 verification without revealing the names of the leaders.
10 Because this report contains law enforcement intelligence
11 information collected by the Department, the report is
12 confidential and not subject to public disclosure.
13 (m) To make all rules and regulations and exercise all
14 powers and duties vested by law in the Department.
15 (n) To establish rules and regulations for administering
16 a system of good conduct credits, established in accordance
17 with Section 3-6-3, subject to review by the Prisoner Review
18 Board.
19 (o) To administer the distribution of funds from the
20 State Treasury to reimburse counties where State penal
21 institutions are located for the payment of assistant state's
22 attorneys' salaries under Section 4-2001 of the Counties
23 Code.
24 (p) To exchange information with the Illinois Department
25 of Public Aid for the purpose of verifying living
26 arrangements and for other purposes directly connected with
27 the administration of this Code and the Illinois Public Aid
28 Code.
29 (q) To establish a diversion program.
30 The program shall provide a structured environment for
31 selected technical parole or mandatory supervised release
32 violators and committed persons who have violated the rules
33 governing their conduct while in work release. This program
34 shall not apply to those persons who have committed a new
HB0128 Engrossed -7- LRB9000945THpk
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 by
7 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 the
12 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.
27 (8) The Department shall promulgate rules governing
28 the administration of the program.
29 (r) To enter into intergovernmental cooperation
30 agreements under which persons in the custody of the
31 Department may participate in a county impact incarceration
32 program established under Section 3-6038 or 3-15003.5 of the
33 Counties Code.
34 (r-5) To enter into intergovernmental cooperation
HB0128 Engrossed -8- LRB9000945THpk
1 agreements under which minors adjudicated delinquent and
2 committed to the Department of Corrections, Juvenile
3 Division, may participate in a county juvenile impact
4 incarceration program established under Section 3-6039 of the
5 Counties Code.
6 (r-10) To systematically and routinely identify with
7 respect to each streetgang active within the correctional
8 system: (1) each active gang; (2) every existing inter-gang
9 affiliation or alliance; and (3) the current leaders in each
10 gang. The Department shall promptly segregate leaders from
11 inmates who belong to their gangs and allied gangs.
12 "Segregate" means no physical contact and, to the extent
13 possible under the conditions and space available at the
14 correctional facility, prohibition of visual and sound
15 communication. For the purposes of this paragraph (r-10),
16 "leaders" means persons who:
17 (i) are members of a criminal streetgang;
18 (ii) with respect to other individuals within the
19 streetgang, occupy a position of organizer, supervisor,
20 or other position of management or 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.
27 "Streetgang", "gang", and "streetgang related" have the
28 meanings ascribed to them in Section 10 of the Illinois
29 Streetgang Terrorism Omnibus Prevention Act.
30 (s) To operate a super-maximum security institution, in
31 order to manage and supervise inmates who are disruptive or
32 dangerous and provide for the safety and security of the
33 staff and the other inmates.
34 (t) To monitor any unprivileged conversation or any
HB0128 Engrossed -9- LRB9000945THpk
1 unprivileged communication, whether in person or by mail,
2 telephone, or other means, between an inmate who, before
3 commitment to the Department, was a member of an organized
4 gang and any other person without the need to show cause or
5 satisfy any other requirement of law before beginning the
6 monitoring, except as constitutionally required. The
7 monitoring may be by video, voice, or other method of
8 recording or by any other means. As used in this subdivision
9 (1)(t), "organized gang" has the meaning ascribed to it in
10 Section 10 of the Illinois Streetgang Terrorism Omnibus
11 Prevention Act.
12 As used in this subdivision (1)(t), "unprivileged
13 conversation" or "unprivileged communication" means a
14 conversation or communication that is not protected by any
15 privilege recognized by law or by decision, rule, or order of
16 the Illinois Supreme Court.
17 (u) To do all other acts necessary to carry out the
18 provisions of this Chapter.
19 (2) The Department of Corrections shall by January 1,
20 1998, consider building and operating a correctional facility
21 within 100 miles of a county of over 2,000,000 inhabitants,
22 especially a facility designed to house juvenile participants
23 in the impact incarceration program.
24 (3) The Department of Corrections shall produce an
25 educational video on the realities of prison life. This
26 video shall be filmed by the Department of Corrections, shall
27 have a running time of approximately 30 minutes, and shall be
28 updated and refilmed by the Department every 4 years. The
29 Department of Corrections shall make the video available
30 annually, without charge, to school districts and educational
31 administrators throughout the State as a tool to discourage
32 students from criminal behavior.
33 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
34 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
HB0128 Engrossed -10- LRB9000945THpk
1 89-390, eff. 8-20-95; 89-626, eff. 8-9-96; 89-688, eff.
2 6-1-97; 89-689, eff. 12-31-96.)
3 (Text of Section after amendment by P.A. 89-507)
4 Sec. 3-2-2. Powers and Duties of the Department.
5 (1) In addition to the powers, duties and
6 responsibilities which are otherwise provided by law, the
7 Department shall have the following powers:
8 (a) To accept persons committed to it by the courts of
9 this State for care, custody, treatment and rehabilitation.
10 (b) To develop and maintain reception and evaluation
11 units for purposes of analyzing the custody and
12 rehabilitation needs of persons committed to it and to assign
13 such persons to institutions and programs under its control
14 or transfer them to other appropriate agencies. In
15 consultation with the Department of Alcoholism and Substance
16 Abuse (now the Department of Human Services), the Department
17 of Corrections shall develop a master plan for the screening
18 and evaluation of persons committed to its custody who have
19 alcohol or drug abuse problems, and for making appropriate
20 treatment available to such persons; the Department shall
21 report to the General Assembly on such plan not later than
22 April 1, 1987. The maintenance and implementation of such
23 plan shall be contingent upon the availability of funds.
24 (b-5) To develop, in consultation with the Department of
25 State Police, a program for tracking and evaluating each
26 inmate from commitment through release for recording his or
27 her gang affiliations, activities, or ranks.
28 (c) To maintain and administer all State correctional
29 institutions and facilities under its control and to
30 establish new ones as needed. Pursuant to its power to
31 establish new institutions and facilities, the Department
32 may, with the written approval of the Governor, authorize the
33 Department of Central Management Services to enter into an
34 agreement of the type described in subsection (d) of Section
HB0128 Engrossed -11- LRB9000945THpk
1 67.02 of the Civil Administrative Code of Illinois. The
2 Department shall designate those institutions which shall
3 constitute the State Penitentiary System.
4 Pursuant to its power to establish new institutions and
5 facilities, the Department may authorize the Department of
6 Central Management Services to accept bids from counties and
7 municipalities for the construction, remodeling or conversion
8 of a structure to be leased to the Department of Corrections
9 for the purposes of its serving as a correctional institution
10 or facility. Such construction, remodeling or conversion may
11 be financed with revenue bonds issued pursuant to the
12 Industrial Building Revenue Bond Act by the municipality or
13 county. The lease specified in a bid shall be for a term of
14 not less than the time needed to retire any revenue bonds
15 used to finance the project, but not to exceed 40 years. The
16 lease may grant to the State the option to purchase the
17 structure outright.
18 Upon receipt of the bids, the Department may certify one
19 or more of the bids and shall submit any such bids to the
20 General Assembly for approval. Upon approval of a bid by a
21 constitutional majority of both houses of the General
22 Assembly, pursuant to joint resolution, the Department of
23 Central Management Services may enter into an agreement with
24 the county or municipality pursuant to such bid.
25 (c-5) To build and maintain regional juvenile detention
26 centers and to charge a per diem to the counties as
27 established by the Department to defray the costs of housing
28 each minor in a center. In this subsection (c-5), "juvenile
29 detention center" means a facility to house minors during
30 pendency of trial who have been transferred from proceedings
31 under the Juvenile Court Act of 1987 to prosecutions under
32 the criminal laws of this State in accordance with Section
33 5-4 of the Juvenile Court Act of 1987, whether the transfer
34 was by operation of law or permissive under that Section.
HB0128 Engrossed -12- LRB9000945THpk
1 The Department shall designate the counties to be served by
2 each regional juvenile detention center.
3 (d) To develop and maintain programs of control,
4 rehabilitation and employment of committed persons within its
5 institutions.
6 (e) To establish a system of supervision and guidance of
7 committed persons in the community.
8 (f) To establish in cooperation with the Department of
9 Transportation to supply a sufficient number of prisoners for
10 use by the Department of Transportation to clean up the trash
11 and garbage along State, county, township, or municipal
12 highways as designated by the Department of Transportation.
13 The Department of Corrections, at the request of the
14 Department of Transportation, shall furnish such prisoners at
15 least annually for a period to be agreed upon between the
16 Director of Corrections and the Director of Transportation.
17 The prisoners used on this program shall be selected by the
18 Director of Corrections on whatever basis he deems proper in
19 consideration of their term, behavior and earned eligibility
20 to participate in such program - where they will be outside
21 of the prison facility but still in the custody of the
22 Department of Corrections. Prisoners convicted of first
23 degree murder, or a Class X felony, or armed violence, or
24 aggravated kidnapping, or criminal sexual assault,
25 aggravated criminal sexual abuse or a subsequent conviction
26 for criminal sexual abuse, or forcible detention, or arson,
27 or a prisoner adjudged a Habitual Criminal shall not be
28 eligible for selection to participate in such program. The
29 prisoners shall remain as prisoners in the custody of the
30 Department of Corrections and such Department shall furnish
31 whatever security is necessary. The Department of
32 Transportation shall furnish trucks and equipment for the
33 highway cleanup program and personnel to supervise and direct
34 the program. Neither the Department of Corrections nor the
HB0128 Engrossed -13- LRB9000945THpk
1 Department of Transportation shall replace any regular
2 employee with a prisoner.
3 (g) To maintain records of persons committed to it and
4 to establish programs of research, statistics and planning.
5 (h) To investigate the grievances of any person
6 committed to the Department, to inquire into any alleged
7 misconduct by employees or committed persons, and to
8 investigate the assets of committed persons to implement
9 Section 3-7-6 of this Code; and for these purposes it may
10 issue subpoenas and compel the attendance of witnesses and
11 the production of writings and papers, and may examine under
12 oath any witnesses who may appear before it; to also
13 investigate alleged violations of a parolee's or releasee's
14 conditions of parole or release; and for this purpose it may
15 issue subpoenas and compel the attendance of witnesses and
16 the production of documents only if there is reason to
17 believe that such procedures would provide evidence that such
18 violations have occurred.
19 If any person fails to obey a subpoena issued under this
20 subsection, the Director may apply to any circuit court to
21 secure compliance with the subpoena. The failure to comply
22 with the order of the court issued in response thereto shall
23 be punishable as contempt of court.
24 (i) To appoint and remove the chief administrative
25 officers, and administer programs of training and development
26 of personnel of the Department. Personnel assigned by the
27 Department to be responsible for the custody and control of
28 committed persons or to investigate the alleged misconduct of
29 committed persons or employees or alleged violations of a
30 parolee's or releasee's conditions of parole shall be
31 conservators of the peace for those purposes, and shall have
32 the full power of peace officers outside of the facilities of
33 the Department in the protection, arrest, retaking and
34 reconfining of committed persons or where the exercise of
HB0128 Engrossed -14- LRB9000945THpk
1 such power is necessary to the investigation of such
2 misconduct or violations.
3 (j) To cooperate with other departments and agencies and
4 with local communities for the development of standards and
5 programs for better correctional services in this State.
6 (k) To administer all moneys and properties of the
7 Department.
8 (l) To report annually to the Governor on the committed
9 persons, institutions and programs of the Department.
10 (l-5) In a confidential annual report to the Governor,
11 the Department shall identify all inmate gangs by specifying
12 each current gang's name, population and allied gangs. The
13 Department shall further specify the number of top leaders
14 identified by the Department for each gang during the past
15 year, and the measures taken by the Department to segregate
16 each leader from his or her gang and allied gangs. The
17 Department shall further report the current status of leaders
18 identified and segregated in previous years. All leaders
19 described in the report shall be identified by inmate number
20 or other designation to enable tracking, auditing, and
21 verification without revealing the names of the leaders.
22 Because this report contains law enforcement intelligence
23 information collected by the Department, the report is
24 confidential and not subject to public disclosure.
25 (m) To make all rules and regulations and exercise all
26 powers and duties vested by law in the Department.
27 (n) To establish rules and regulations for administering
28 a system of good conduct credits, established in accordance
29 with Section 3-6-3, subject to review by the Prisoner Review
30 Board.
31 (o) To administer the distribution of funds from the
32 State Treasury to reimburse counties where State penal
33 institutions are located for the payment of assistant state's
34 attorneys' salaries under Section 4-2001 of the Counties
HB0128 Engrossed -15- LRB9000945THpk
1 Code.
2 (p) To exchange information with the Department of Human
3 Services and the Illinois Department of Public Aid for the
4 purpose of verifying living arrangements and for other
5 purposes directly connected with the administration of this
6 Code and the Illinois Public Aid Code.
7 (q) To establish a diversion program.
8 The program shall provide a structured environment for
9 selected technical parole or mandatory supervised release
10 violators and committed persons who have violated the rules
11 governing their conduct while in work release. This program
12 shall not apply to those persons who have committed a new
13 offense while serving on parole or mandatory supervised
14 release or while committed to work release.
15 Elements of the program shall include, but shall not be
16 limited to, the following:
17 (1) The staff of a diversion facility shall provide
18 supervision in accordance with required objectives set by
19 the facility.
20 (2) Participants shall be required to maintain
21 employment.
22 (3) Each participant shall pay for room and board
23 at the facility on a sliding-scale basis according to the
24 participant's income.
25 (4) Each participant shall:
26 (A) provide restitution to victims in
27 accordance with any court order;
28 (B) provide financial support to his
29 dependents; and
30 (C) make appropriate payments toward any other
31 court-ordered obligations.
32 (5) Each participant shall complete community
33 service in addition to employment.
34 (6) Participants shall take part in such
HB0128 Engrossed -16- LRB9000945THpk
1 counseling, educational and other programs as the
2 Department may deem appropriate.
3 (7) Participants shall submit to drug and alcohol
4 screening.
5 (8) The Department shall promulgate rules governing
6 the administration of the program.
7 (r) To enter into intergovernmental cooperation
8 agreements under which persons in the custody of the
9 Department may participate in a county impact incarceration
10 program established under Section 3-6038 or 3-15003.5 of the
11 Counties Code.
12 (r-5) To enter into intergovernmental cooperation
13 agreements under which minors adjudicated delinquent and
14 committed to the Department of Corrections, Juvenile
15 Division, may participate in a county juvenile impact
16 incarceration program established under Section 3-6039 of the
17 Counties Code.
18 (r-10) To systematically and routinely identify with
19 respect to each streetgang active within the correctional
20 system: (1) each active gang; (2) every existing inter-gang
21 affiliation or alliance; and (3) the current leaders in each
22 gang. The Department shall promptly segregate leaders from
23 inmates who belong to their gangs and allied gangs.
24 "Segregate" means no physical contact and, to the extent
25 possible under the conditions and space available at the
26 correctional facility, prohibition of visual and sound
27 communication. For the purposes of this paragraph (r-10),
28 "leaders" means persons who:
29 (i) are members of a criminal streetgang;
30 (ii) with respect to other individuals within the
31 streetgang, occupy a position of organizer, supervisor,
32 or other position of management or leadership; and
33 (iii) are actively and personally engaged in
34 directing, ordering, authorizing, or requesting
HB0128 Engrossed -17- LRB9000945THpk
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, in
9 order to manage and supervise inmates who are disruptive or
10 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 subdivision
21 (1)(t), "organized gang" has the meaning ascribed to it in
22 Section 10 of the Illinois Streetgang Terrorism Omnibus
23 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
27 privilege recognized by law or by decision, rule, or order of
28 the Illinois Supreme Court.
29 (u) To do all other acts necessary to carry out the
30 provisions of this Chapter.
31 (2) The Department of Corrections shall by January 1,
32 1998, consider building and operating a correctional facility
33 within 100 miles of a county of over 2,000,000 inhabitants,
34 especially a facility designed to house juvenile participants
HB0128 Engrossed -18- LRB9000945THpk
1 in the impact incarceration program.
2 (3) The Department of Corrections shall produce an
3 educational video on the realities of prison life. This
4 video shall be filmed by the Department of Corrections, shall
5 have a running time of approximately 30 minutes, and shall be
6 updated and refilmed by the Department every 4 years. The
7 Department of Corrections shall make the video available
8 annually, without charge, to school districts and educational
9 administrators throughout the State as a tool to discourage
10 students from criminal behavior.
11 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
12 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
13 89-390, eff. 8-20-95; 89-507, eff. 7-1-97; 89-626, eff.
14 8-9-96; 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised
15 1-7-97.)
16 Section 95. No acceleration or delay. Where this Act
17 makes changes in a statute that is represented in this Act by
18 text that is not yet or no longer in effect (for example, a
19 Section represented by multiple versions), the use of that
20 text does not accelerate or delay the taking effect of (i)
21 the changes made by this Act or (ii) provisions derived from
22 any other Public Act.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.