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90_HB0128ham001
LRB9000945THcwam
1 AMENDMENT TO HOUSE BILL 128
2 AMENDMENT NO. . Amend House Bill 128 by replacing
3 the title with the following:
4 "AN ACT to discourage criminal behavior, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by adding Section
9 27-23.5 as follows:
10 (105 ILCS 5/27-23.5 new)
11 Sec. 27-23.5. Prison life video. In all school
12 districts, including special charter districts and school
13 districts organized under Article 34, the school district
14 shall show at least once each school year in each attendance
15 center of the district the educational video on the realities
16 of prison life that the Department of Corrections is required
17 to produce and make available to school districts as provided
18 in subsection (3) of Section 3-2-2 of the Unified Code of
19 Corrections.
20 Section 10. The Unified Code of Corrections is amended
-2- LRB9000945THcwam
1 by changing Section 3-2-2 as follows:
2 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
3 (Text of Section before 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, the Department of Corrections shall develop a master
17 plan for the screening and evaluation of persons committed to
18 its custody who have alcohol or drug abuse problems, and for
19 making appropriate treatment available to such persons; the
20 Department shall report to the General Assembly on such plan
21 not later than April 1, 1987. The maintenance and
22 implementation of such plan shall be contingent upon the
23 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
-3- LRB9000945THcwam
1 agreement of the type described in subsection (d) of Section
2 67.02 of the Civil Administrative Code of Illinois. The
3 Department shall designate those institutions which shall
4 constitute the State Penitentiary System.
5 Pursuant to its power to establish new institutions and
6 facilities, the Department may authorize the Department of
7 Central Management Services to accept bids from counties and
8 municipalities for the construction, remodeling or conversion
9 of a structure to be leased to the Department of Corrections
10 for the purposes of its serving as a correctional institution
11 or facility. Such construction, remodeling or conversion may
12 be financed with revenue bonds issued pursuant to the
13 Industrial Building Revenue Bond Act by the municipality or
14 county. The lease specified in a bid shall be for a term of
15 not less than the time needed to retire any revenue bonds
16 used to finance the project, but not to exceed 40 years. The
17 lease may grant to the State the option to purchase the
18 structure outright.
19 Upon receipt of the bids, the Department may certify one
20 or more of the bids and shall submit any such bids to the
21 General Assembly for approval. Upon approval of a bid by a
22 constitutional majority of both houses of the General
23 Assembly, pursuant to joint resolution, the Department of
24 Central Management Services may enter into an agreement with
25 the county or municipality pursuant to such bid.
26 (c-5) To build and maintain regional juvenile detention
27 centers and to charge a per diem to the counties as
28 established by the Department to defray the costs of housing
29 each minor in a center. In this subsection (c-5), "juvenile
30 detention center" means a facility to house minors during
31 pendency of trial who have been transferred from proceedings
32 under the Juvenile Court Act of 1987 to prosecutions under
33 the criminal laws of this State in accordance with Section
34 5-4 of the Juvenile Court Act of 1987, whether the transfer
-4- LRB9000945THcwam
1 was by operation of law or permissive under that Section.
2 The Department shall designate the counties to be served by
3 each regional juvenile detention center.
4 (d) To develop and maintain programs of control,
5 rehabilitation and employment of committed persons within its
6 institutions.
7 (e) To establish a system of supervision and guidance of
8 committed persons in the community.
9 (f) To establish in cooperation with the Department of
10 Transportation to supply a sufficient number of prisoners for
11 use by the Department of Transportation to clean up the trash
12 and garbage along State, county, township, or municipal
13 highways as designated by the Department of Transportation.
14 The Department of Corrections, at the request of the
15 Department of Transportation, shall furnish such prisoners at
16 least annually for a period to be agreed upon between the
17 Director of Corrections and the Director of Transportation.
18 The prisoners used on this program shall be selected by the
19 Director of Corrections on whatever basis he deems proper in
20 consideration of their term, behavior and earned eligibility
21 to participate in such program - where they will be outside
22 of the prison facility but still in the custody of the
23 Department of Corrections. Prisoners convicted of first
24 degree murder, or a Class X felony, or armed violence, or
25 aggravated kidnapping, or criminal sexual assault,
26 aggravated criminal sexual abuse or a subsequent conviction
27 for criminal sexual abuse, or forcible detention, or arson,
28 or a prisoner adjudged a Habitual Criminal shall not be
29 eligible for selection to participate in such program. The
30 prisoners shall remain as prisoners in the custody of the
31 Department of Corrections and such Department shall furnish
32 whatever security is necessary. The Department of
33 Transportation shall furnish trucks and equipment for the
34 highway cleanup program and personnel to supervise and direct
-5- LRB9000945THcwam
1 the program. Neither the Department of Corrections nor the
2 Department of Transportation shall replace any regular
3 employee with a prisoner.
4 (g) To maintain records of persons committed to it and
5 to establish programs of research, statistics and planning.
6 (h) To investigate the grievances of any person
7 committed to the Department, to inquire into any alleged
8 misconduct by employees or committed persons, and to
9 investigate the assets of committed persons to implement
10 Section 3-7-6 of this Code; and for these purposes it may
11 issue subpoenas and compel the attendance of witnesses and
12 the production of writings and papers, and may examine under
13 oath any witnesses who may appear before it; to also
14 investigate alleged violations of a parolee's or releasee's
15 conditions of parole or release; and for this purpose it may
16 issue subpoenas and compel the attendance of witnesses and
17 the production of documents only if there is reason to
18 believe that such procedures would provide evidence that such
19 violations have occurred.
20 If any person fails to obey a subpoena issued under this
21 subsection, the Director may apply to any circuit court to
22 secure compliance with the subpoena. The failure to comply
23 with the order of the court issued in response thereto shall
24 be punishable as contempt of court.
25 (i) To appoint and remove the chief administrative
26 officers, and administer programs of training and development
27 of personnel of the Department. Personnel assigned by the
28 Department to be responsible for the custody and control of
29 committed persons or to investigate the alleged misconduct of
30 committed persons or employees or alleged violations of a
31 parolee's or releasee's conditions of parole shall be
32 conservators of the peace for those purposes, and shall have
33 the full power of peace officers outside of the facilities of
34 the Department in the protection, arrest, retaking and
-6- LRB9000945THcwam
1 reconfining of committed persons or where the exercise of
2 such power is necessary to the investigation of such
3 misconduct or violations.
4 (j) To cooperate with other departments and agencies and
5 with local communities for the development of standards and
6 programs for better correctional services in this State.
7 (k) To administer all moneys and properties of the
8 Department.
9 (l) To report annually to the Governor on the committed
10 persons, institutions and programs of the Department.
11 (l-5) In a confidential annual report to the Governor,
12 the Department shall identify all inmate gangs by specifying
13 each current gang's name, population and allied gangs. The
14 Department shall further specify the number of top leaders
15 identified by the Department for each gang during the past
16 year, and the measures taken by the Department to segregate
17 each leader from his or her gang and allied gangs. The
18 Department shall further report the current status of leaders
19 identified and segregated in previous years. All leaders
20 described in the report shall be identified by inmate number
21 or other designation to enable tracking, auditing, and
22 verification without revealing the names of the leaders.
23 Because this report contains law enforcement intelligence
24 information collected by the Department, the report is
25 confidential and not subject to public disclosure.
26 (m) To make all rules and regulations and exercise all
27 powers and duties vested by law in the Department.
28 (n) To establish rules and regulations for administering
29 a system of good conduct credits, established in accordance
30 with Section 3-6-3, subject to review by the Prisoner Review
31 Board.
32 (o) To administer the distribution of funds from the
33 State Treasury to reimburse counties where State penal
34 institutions are located for the payment of assistant state's
-7- LRB9000945THcwam
1 attorneys' salaries under Section 4-2001 of the Counties
2 Code.
3 (p) To exchange information with the Illinois Department
4 of Public Aid for the purpose of verifying living
5 arrangements and for other purposes directly connected with
6 the administration of this Code and the Illinois Public Aid
7 Code.
8 (q) To establish a diversion program.
9 The program shall provide a structured environment for
10 selected technical parole or mandatory supervised release
11 violators and committed persons who have violated the rules
12 governing their conduct while in work release. This program
13 shall not apply to those persons who have committed a new
14 offense while serving on parole or mandatory supervised
15 release or while committed to work release.
16 Elements of the program shall include, but shall not be
17 limited to, the following:
18 (1) The staff of a diversion facility shall provide
19 supervision in accordance with required objectives set by
20 the facility.
21 (2) Participants shall be required to maintain
22 employment.
23 (3) Each participant shall pay for room and board
24 at the facility on a sliding-scale basis according to the
25 participant's income.
26 (4) Each participant shall:
27 (A) provide restitution to victims in
28 accordance with any court order;
29 (B) provide financial support to his
30 dependents; and
31 (C) make appropriate payments toward any other
32 court-ordered obligations.
33 (5) Each participant shall complete community
34 service in addition to employment.
-8- LRB9000945THcwam
1 (6) Participants shall take part in such
2 counseling, educational and other programs as the
3 Department may deem appropriate.
4 (7) Participants shall submit to drug and alcohol
5 screening.
6 (8) The Department shall promulgate rules governing
7 the administration of the program.
8 (r) To enter into intergovernmental cooperation
9 agreements under which persons in the custody of the
10 Department may participate in a county impact incarceration
11 program established under Section 3-6038 or 3-15003.5 of the
12 Counties Code.
13 (r-5) To enter into intergovernmental cooperation
14 agreements under which minors adjudicated delinquent and
15 committed to the Department of Corrections, Juvenile
16 Division, may participate in a county juvenile impact
17 incarceration program established under Section 3-6039 of the
18 Counties Code.
19 (r-10) To systematically and routinely identify with
20 respect to each streetgang active within the correctional
21 system: (1) each active gang; (2) every existing inter-gang
22 affiliation or alliance; and (3) the current leaders in each
23 gang. The Department shall promptly segregate leaders from
24 inmates who belong to their gangs and allied gangs.
25 "Segregate" means no physical contact and, to the extent
26 possible under the conditions and space available at the
27 correctional facility, prohibition of visual and sound
28 communication. For the purposes of this paragraph (r-10),
29 "leaders" means persons who:
30 (i) are members of a criminal streetgang;
31 (ii) with respect to other individuals within the
32 streetgang, occupy a position of organizer, supervisor,
33 or other position of management or leadership; and
34 (iii) are actively and personally engaged in
-9- LRB9000945THcwam
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, in
10 order to manage and supervise inmates who are disruptive or
11 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 subdivision
22 (1)(t), "organized gang" has the meaning ascribed to it in
23 Section 10 of the Illinois Streetgang Terrorism Omnibus
24 Prevention Act.
25 As used in this subdivision (1)(t), "unprivileged
26 conversation" or "unprivileged communication" means a
27 conversation or communication that is not protected by any
28 privilege recognized by law or by decision, rule, or order of
29 the Illinois Supreme Court.
30 (u) To do all other acts necessary to carry out the
31 provisions of this Chapter.
32 (2) The Department of Corrections shall by January 1,
33 1998, consider building and operating a correctional facility
34 within 100 miles of a county of over 2,000,000 inhabitants,
-10- LRB9000945THcwam
1 especially a facility designed to house juvenile participants
2 in the impact incarceration program.
3 (3) The Department of Corrections shall produce an
4 educational video on the realities of prison life. This
5 video shall be filmed by the Department of Corrections, shall
6 have a running time of approximately 30 minutes, and shall be
7 updated and refilmed by the Department every 4 years. The
8 Department of Corrections shall make the video available
9 annually, without charge, to school districts and educational
10 administrators throughout the State as a tool to discourage
11 students from criminal behavior.
12 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
13 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
14 89-390, eff. 8-20-95; 89-626, eff. 8-9-96; 89-688, eff.
15 6-1-97; 89-689, eff. 12-31-96.)
16 (Text of Section after amendment by P.A. 89-507)
17 Sec. 3-2-2. Powers and Duties of the Department.
18 (1) In addition to the powers, duties and
19 responsibilities which are otherwise provided by law, the
20 Department shall have the following powers:
21 (a) To accept persons committed to it by the courts of
22 this State for care, custody, treatment and rehabilitation.
23 (b) To develop and maintain reception and evaluation
24 units for purposes of analyzing the custody and
25 rehabilitation needs of persons committed to it and to assign
26 such persons to institutions and programs under its control
27 or transfer them to other appropriate agencies. In
28 consultation with the Department of Alcoholism and Substance
29 Abuse (now the Department of Human Services), the Department
30 of Corrections shall develop a master plan for the screening
31 and evaluation of persons committed to its custody who have
32 alcohol or drug abuse problems, and for making appropriate
33 treatment available to such persons; the Department shall
34 report to the General Assembly on such plan not later than
-11- LRB9000945THcwam
1 April 1, 1987. The maintenance and implementation of such
2 plan shall be contingent upon the availability of funds.
3 (b-5) To develop, in consultation with the Department of
4 State Police, a program for tracking and evaluating each
5 inmate from commitment through release for recording his or
6 her gang affiliations, activities, or ranks.
7 (c) To maintain and administer all State correctional
8 institutions and facilities under its control and to
9 establish new ones as needed. Pursuant to its power to
10 establish new institutions and facilities, the Department
11 may, with the written approval of the Governor, authorize the
12 Department of Central Management Services to enter into an
13 agreement of the type described in subsection (d) of Section
14 67.02 of the Civil Administrative Code of Illinois. The
15 Department shall designate those institutions which shall
16 constitute the State Penitentiary System.
17 Pursuant to its power to establish new institutions and
18 facilities, the Department may authorize the Department of
19 Central Management Services to accept bids from counties and
20 municipalities for the construction, remodeling or conversion
21 of a structure to be leased to the Department of Corrections
22 for the purposes of its serving as a correctional institution
23 or facility. Such construction, remodeling or conversion may
24 be financed with revenue bonds issued pursuant to the
25 Industrial Building Revenue Bond Act by the municipality or
26 county. The lease specified in a bid shall be for a term of
27 not less than the time needed to retire any revenue bonds
28 used to finance the project, but not to exceed 40 years. The
29 lease may grant to the State the option to purchase the
30 structure outright.
31 Upon receipt of the bids, the Department may certify one
32 or more of the bids and shall submit any such bids to the
33 General Assembly for approval. Upon approval of a bid by a
34 constitutional majority of both houses of the General
-12- LRB9000945THcwam
1 Assembly, pursuant to joint resolution, the Department of
2 Central Management Services may enter into an agreement with
3 the county or municipality pursuant to such bid.
4 (c-5) To build and maintain regional juvenile detention
5 centers and to charge a per diem to the counties as
6 established by the Department to defray the costs of housing
7 each minor in a center. In this subsection (c-5), "juvenile
8 detention center" means a facility to house minors during
9 pendency of trial who have been transferred from proceedings
10 under the Juvenile Court Act of 1987 to prosecutions under
11 the criminal laws of this State in accordance with Section
12 5-4 of the Juvenile Court Act of 1987, whether the transfer
13 was by operation of law or permissive under that Section.
14 The Department shall designate the counties to be served by
15 each regional juvenile detention center.
16 (d) To develop and maintain programs of control,
17 rehabilitation and employment of committed persons within its
18 institutions.
19 (e) To establish a system of supervision and guidance of
20 committed persons in the community.
21 (f) To establish in cooperation with the Department of
22 Transportation to supply a sufficient number of prisoners for
23 use by the Department of Transportation to clean up the trash
24 and garbage along State, county, township, or municipal
25 highways as designated by the Department of Transportation.
26 The Department of Corrections, at the request of the
27 Department of Transportation, shall furnish such prisoners at
28 least annually for a period to be agreed upon between the
29 Director of Corrections and the Director of Transportation.
30 The prisoners used on this program shall be selected by the
31 Director of Corrections on whatever basis he deems proper in
32 consideration of their term, behavior and earned eligibility
33 to participate in such program - where they will be outside
34 of the prison facility but still in the custody of the
-13- LRB9000945THcwam
1 Department of Corrections. Prisoners convicted of first
2 degree murder, or a Class X felony, or armed violence, or
3 aggravated kidnapping, or criminal sexual assault,
4 aggravated criminal sexual abuse or a subsequent conviction
5 for criminal sexual abuse, or forcible detention, or arson,
6 or a prisoner adjudged a Habitual Criminal shall not be
7 eligible for selection to participate in such program. The
8 prisoners shall remain as prisoners in the custody of the
9 Department of Corrections and such Department shall furnish
10 whatever security is necessary. The Department of
11 Transportation shall furnish trucks and equipment for the
12 highway cleanup program and personnel to supervise and direct
13 the program. Neither the Department of Corrections nor the
14 Department of Transportation shall replace any regular
15 employee with a prisoner.
16 (g) To maintain records of persons committed to it and
17 to establish programs of research, statistics and planning.
18 (h) To investigate the grievances of any person
19 committed to the Department, to inquire into any alleged
20 misconduct by employees or committed persons, and to
21 investigate the assets of committed persons to implement
22 Section 3-7-6 of this Code; and for these purposes it may
23 issue subpoenas and compel the attendance of witnesses and
24 the production of writings and papers, and may examine under
25 oath any witnesses who may appear before it; to also
26 investigate alleged violations of a parolee's or releasee's
27 conditions of parole or release; and for this purpose it may
28 issue subpoenas and compel the attendance of witnesses and
29 the production of documents only if there is reason to
30 believe that such procedures would provide evidence that such
31 violations have occurred.
32 If any person fails to obey a subpoena issued under this
33 subsection, the Director may apply to any circuit court to
34 secure compliance with the subpoena. The failure to comply
-14- LRB9000945THcwam
1 with the order of the court issued in response thereto shall
2 be punishable as contempt of court.
3 (i) To appoint and remove the chief administrative
4 officers, and administer programs of training and development
5 of personnel of the Department. Personnel assigned by the
6 Department to be responsible for the custody and control of
7 committed persons or to investigate the alleged misconduct of
8 committed persons or employees or alleged violations of a
9 parolee's or releasee's conditions of parole shall be
10 conservators of the peace for those purposes, and shall have
11 the full power of peace officers outside of the facilities of
12 the Department in the protection, arrest, retaking and
13 reconfining of committed persons or where the exercise of
14 such power is necessary to the investigation of such
15 misconduct or violations.
16 (j) To cooperate with other departments and agencies and
17 with local communities for the development of standards and
18 programs for better correctional services in this State.
19 (k) To administer all moneys and properties of the
20 Department.
21 (l) To report annually to the Governor on the committed
22 persons, institutions and programs of the Department.
23 (l-5) In a confidential annual report to the Governor,
24 the Department shall identify all inmate gangs by specifying
25 each current gang's name, population and allied gangs. The
26 Department shall further specify the number of top leaders
27 identified by the Department for each gang during the past
28 year, and the measures taken by the Department to segregate
29 each leader from his or her gang and allied gangs. The
30 Department shall further report the current status of leaders
31 identified and segregated in previous years. All leaders
32 described in the report shall be identified by inmate number
33 or other designation to enable tracking, auditing, and
34 verification without revealing the names of the leaders.
-15- LRB9000945THcwam
1 Because this report contains law enforcement intelligence
2 information collected by the Department, the report is
3 confidential and not subject to public disclosure.
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 administering
7 a system of good conduct credits, established in accordance
8 with Section 3-6-3, subject to review by the Prisoner Review
9 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 state's
13 attorneys' salaries under Section 4-2001 of the Counties
14 Code.
15 (p) To exchange information with the Department of Human
16 Services and the Illinois Department of Public Aid for the
17 purpose of verifying living arrangements and for other
18 purposes directly connected with the administration of this
19 Code and the Illinois Public Aid Code.
20 (q) To establish a diversion program.
21 The program shall provide a structured environment for
22 selected technical parole or mandatory supervised release
23 violators and committed persons who have violated the rules
24 governing their conduct while in work release. This program
25 shall not apply to those persons who have committed a new
26 offense while serving on parole or mandatory supervised
27 release or while committed to work release.
28 Elements of the program shall include, but shall not be
29 limited to, the following:
30 (1) The staff of a diversion facility shall provide
31 supervision in accordance with required objectives set by
32 the facility.
33 (2) Participants shall be required to maintain
34 employment.
-16- LRB9000945THcwam
1 (3) Each participant shall pay for room and board
2 at the facility on a sliding-scale basis according to the
3 participant's income.
4 (4) Each participant shall:
5 (A) provide restitution to victims in
6 accordance with any court order;
7 (B) provide financial support to his
8 dependents; and
9 (C) make appropriate payments toward any other
10 court-ordered obligations.
11 (5) Each participant shall complete community
12 service in addition to employment.
13 (6) Participants shall take part in such
14 counseling, educational and other programs as the
15 Department may deem appropriate.
16 (7) Participants shall submit to drug and alcohol
17 screening.
18 (8) The Department shall promulgate rules governing
19 the administration of the program.
20 (r) To enter into intergovernmental cooperation
21 agreements under which persons in the custody of the
22 Department may participate in a county impact incarceration
23 program established under Section 3-6038 or 3-15003.5 of the
24 Counties Code.
25 (r-5) To enter into intergovernmental cooperation
26 agreements under which minors adjudicated delinquent and
27 committed to the Department of Corrections, Juvenile
28 Division, may participate in a county juvenile impact
29 incarceration program established under Section 3-6039 of the
30 Counties Code.
31 (r-10) To systematically and routinely identify with
32 respect to each streetgang active within the correctional
33 system: (1) each active gang; (2) every existing inter-gang
34 affiliation or alliance; and (3) the current leaders in each
-17- LRB9000945THcwam
1 gang. The Department shall promptly segregate leaders from
2 inmates who belong to their gangs and allied gangs.
3 "Segregate" means no physical contact and, to the extent
4 possible under the conditions and space available at the
5 correctional facility, prohibition of visual and sound
6 communication. For the purposes of this paragraph (r-10),
7 "leaders" means persons who:
8 (i) are members of a criminal streetgang;
9 (ii) with respect to other individuals within the
10 streetgang, occupy a position of organizer, supervisor,
11 or other position of management or leadership; and
12 (iii) are actively and personally engaged in
13 directing, ordering, authorizing, or requesting
14 commission of criminal acts by others, which are
15 punishable as a felony, in furtherance of streetgang
16 related activity both within and outside of the
17 Department of Corrections.
18 "Streetgang", "gang", and "streetgang related" have the
19 meanings ascribed to them in Section 10 of the Illinois
20 Streetgang Terrorism Omnibus Prevention Act.
21 (s) To operate a super-maximum security institution, in
22 order to manage and supervise inmates who are disruptive or
23 dangerous and provide for the safety and security of the
24 staff and the other inmates.
25 (t) To monitor any unprivileged conversation or any
26 unprivileged communication, whether in person or by mail,
27 telephone, or other means, between an inmate who, before
28 commitment to the Department, was a member of an organized
29 gang and any other person without the need to show cause or
30 satisfy any other requirement of law before beginning the
31 monitoring, except as constitutionally required. The
32 monitoring may be by video, voice, or other method of
33 recording or by any other means. As used in this subdivision
34 (1)(t), "organized gang" has the meaning ascribed to it in
-18- LRB9000945THcwam
1 Section 10 of the Illinois Streetgang Terrorism Omnibus
2 Prevention Act.
3 As used in this subdivision (1)(t), "unprivileged
4 conversation" or "unprivileged communication" means a
5 conversation or communication that is not protected by any
6 privilege recognized by law or by decision, rule, or order of
7 the Illinois Supreme Court.
8 (u) To do all other acts necessary to carry out the
9 provisions of this Chapter.
10 (2) The Department of Corrections shall by January 1,
11 1998, consider building and operating a correctional facility
12 within 100 miles of a county of over 2,000,000 inhabitants,
13 especially a facility designed to house juvenile participants
14 in the impact incarceration program.
15 (3) The Department of Corrections shall produce an
16 educational video on the realities of prison life. This
17 video shall be filmed by the Department of Corrections, shall
18 have a running time of approximately 30 minutes, and shall be
19 updated and refilmed by the Department every 4 years. The
20 Department of Corrections shall make the video available
21 annually, without charge, to school districts and educational
22 administrators throughout the State as a tool to discourage
23 students from criminal behavior.
24 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
25 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
26 89-390, eff. 8-20-95; 89-507, eff. 7-1-97; 89-626, eff.
27 8-9-96; 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised
28 1-7-97.)
29 Section 95. No acceleration or delay. Where this Act
30 makes changes in a statute that is represented in this Act by
31 text that is not yet or no longer in effect (for example, a
32 Section represented by multiple versions), the use of that
33 text does not accelerate or delay the taking effect of (i)
-19- LRB9000945THcwam
1 the changes made by this Act or (ii) provisions derived from
2 any other Public Act.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".