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| [ House Amendment 001 ] |
90_HB0763
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
Amends the Unified Code of Corrections. Permits the
Department of Corrections to charge fees to persons released
on parole, probation, or mandatory supervised release for the
cost of administering the supervision of those persons and to
enter into contracts with public or private vendors to
provide telephone reporting and collection of those fees and
the computerized maintenance of files on those parolees,
releasees, and persons on probation. Effective immediately.
LRB9000536RCks
LRB9000536RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-2-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-2-2 as follows:
7 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3-2-2. Powers and Duties of the Department.
10 (1) In addition to the powers, duties and
11 responsibilities which are otherwise provided by law, the
12 Department shall have the following powers:
13 (a) To accept persons committed to it by the courts of
14 this State for care, custody, treatment and rehabilitation.
15 (b) To develop and maintain reception and evaluation
16 units for purposes of analyzing the custody and
17 rehabilitation needs of persons committed to it and to assign
18 such persons to institutions and programs under its control
19 or transfer them to other appropriate agencies. In
20 consultation with the Department of Alcoholism and Substance
21 Abuse, the Department of Corrections shall develop a master
22 plan for the screening and evaluation of persons committed to
23 its custody who have alcohol or drug abuse problems, and for
24 making appropriate treatment available to such persons; the
25 Department shall report to the General Assembly on such plan
26 not later than April 1, 1987. The maintenance and
27 implementation of such plan shall be contingent upon the
28 availability of funds.
29 (b-5) To develop, in consultation with the Department of
30 State Police, a program for tracking and evaluating each
31 inmate from commitment through release for recording his or
-2- LRB9000536RCks
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 the
7 Department of Central Management Services to enter into an
8 agreement of the type described in subsection (d) of Section
9 67.02 of the Civil Administrative Code of Illinois. The
10 Department shall designate those institutions which shall
11 constitute the State Penitentiary System.
12 Pursuant to its power to establish new institutions and
13 facilities, the Department may authorize the Department of
14 Central Management Services to accept bids from counties and
15 municipalities for the construction, remodeling or conversion
16 of a structure to be leased to the Department of Corrections
17 for the purposes of its serving as a correctional institution
18 or facility. Such construction, remodeling or conversion may
19 be financed with revenue bonds issued pursuant to the
20 Industrial Building Revenue Bond Act by the municipality or
21 county. The lease specified in a bid shall be for a term of
22 not less than the time needed to retire any revenue bonds
23 used to finance the project, but not to exceed 40 years. The
24 lease may grant to the State the option to purchase the
25 structure outright.
26 Upon receipt of the bids, the Department may certify one
27 or more of the bids and shall submit any such bids to the
28 General Assembly for approval. Upon approval of a bid by a
29 constitutional majority of both houses of the General
30 Assembly, pursuant to joint resolution, the Department of
31 Central Management Services may enter into an agreement with
32 the county or municipality pursuant to such bid.
33 (c-5) To build and maintain regional juvenile detention
34 centers and to charge a per diem to the counties as
-3- LRB9000536RCks
1 established by the Department to defray the costs of housing
2 each minor in a center. In this subsection (c-5), "juvenile
3 detention center" means a facility to house minors during
4 pendency of trial who have been transferred from proceedings
5 under the Juvenile Court Act of 1987 to prosecutions under
6 the criminal laws of this State in accordance with Section
7 5-4 of the Juvenile Court Act of 1987, whether the transfer
8 was by operation of law or permissive under that Section.
9 The Department shall designate the counties to be served by
10 each regional juvenile detention center.
11 (d) To develop and maintain programs of control,
12 rehabilitation and employment of committed persons within its
13 institutions.
14 (e) To establish a system of supervision and guidance of
15 committed persons in the community.
16 (f) To establish in cooperation with the Department of
17 Transportation to supply a sufficient number of prisoners for
18 use by the Department of Transportation to clean up the trash
19 and garbage along State, county, township, or municipal
20 highways as designated by the Department of Transportation.
21 The Department of Corrections, at the request of the
22 Department of Transportation, shall furnish such prisoners at
23 least annually for a period to be agreed upon between the
24 Director of Corrections and the Director of Transportation.
25 The prisoners used on this program shall be selected by the
26 Director of Corrections on whatever basis he deems proper in
27 consideration of their term, behavior and earned eligibility
28 to participate in such program - where they will be outside
29 of the prison facility but still in the custody of the
30 Department of Corrections. Prisoners convicted of first
31 degree murder, or a Class X felony, or armed violence, or
32 aggravated kidnapping, or criminal sexual assault,
33 aggravated criminal sexual abuse or a subsequent conviction
34 for criminal sexual abuse, or forcible detention, or arson,
-4- LRB9000536RCks
1 or a prisoner adjudged a Habitual Criminal shall not be
2 eligible for selection to participate in such program. The
3 prisoners shall remain as prisoners in the custody of the
4 Department of Corrections and such Department shall furnish
5 whatever security is necessary. The Department of
6 Transportation shall furnish trucks and equipment for the
7 highway cleanup program and personnel to supervise and direct
8 the program. Neither the Department of Corrections nor the
9 Department of Transportation shall replace any regular
10 employee with a prisoner.
11 (g) To maintain records of persons committed to it and
12 to establish programs of research, statistics and planning.
13 (h) To investigate the grievances of any person
14 committed to the Department, to inquire into any alleged
15 misconduct by employees or committed persons, and to
16 investigate the assets of committed persons to implement
17 Section 3-7-6 of this Code; and for these purposes it may
18 issue subpoenas and compel the attendance of witnesses and
19 the production of writings and papers, and may examine under
20 oath any witnesses who may appear before it; to also
21 investigate alleged violations of a parolee's or releasee's
22 conditions of parole or release; and for this purpose it may
23 issue subpoenas and compel the attendance of witnesses and
24 the production of documents only if there is reason to
25 believe that such procedures would provide evidence that such
26 violations have occurred.
27 If any person fails to obey a subpoena issued under this
28 subsection, the Director may apply to any circuit court to
29 secure compliance with the subpoena. The failure to comply
30 with the order of the court issued in response thereto shall
31 be punishable as contempt of court.
32 (i) To appoint and remove the chief administrative
33 officers, and administer programs of training and development
34 of personnel of the Department. Personnel assigned by the
-5- LRB9000536RCks
1 Department to be responsible for the custody and control of
2 committed persons or to investigate the alleged misconduct of
3 committed persons or employees or alleged violations of a
4 parolee's or releasee's conditions of parole shall be
5 conservators of the peace for those purposes, and shall have
6 the full power of peace officers outside of the facilities of
7 the Department in the protection, arrest, retaking and
8 reconfining of committed persons or where the exercise of
9 such power is necessary to the investigation of such
10 misconduct or violations.
11 (j) To cooperate with other departments and agencies and
12 with local communities for the development of standards and
13 programs for better correctional services in this State.
14 (k) To administer all moneys and properties of the
15 Department.
16 (l) To report annually to the Governor on the committed
17 persons, institutions and programs of the Department.
18 (l-5) In a confidential annual report to the Governor,
19 the Department shall identify all inmate gangs by specifying
20 each current gang's name, population and allied gangs. The
21 Department shall further specify the number of top leaders
22 identified by the Department for each gang during the past
23 year, and the measures taken by the Department to segregate
24 each leader from his or her gang and allied gangs. The
25 Department shall further report the current status of leaders
26 identified and segregated in previous years. All leaders
27 described in the report shall be identified by inmate number
28 or other designation to enable tracking, auditing, and
29 verification without revealing the names of the leaders.
30 Because this report contains law enforcement intelligence
31 information collected by the Department, the report is
32 confidential and not subject to public disclosure.
33 (m) To make all rules and regulations and exercise all
34 powers and duties vested by law in the Department.
-6- LRB9000536RCks
1 (n) To establish rules and regulations for administering
2 a system of good conduct credits, established in accordance
3 with Section 3-6-3, subject to review by the Prisoner Review
4 Board.
5 (o) To administer the distribution of funds from the
6 State Treasury to reimburse counties where State penal
7 institutions are located for the payment of assistant state's
8 attorneys' salaries under Section 4-2001 of the Counties
9 Code.
10 (p) To exchange information with the Illinois Department
11 of Public Aid for the purpose of verifying living
12 arrangements and for other purposes directly connected with
13 the administration of this Code and the Illinois Public Aid
14 Code.
15 (q) To establish a diversion program.
16 The program shall provide a structured environment for
17 selected technical parole or mandatory supervised release
18 violators and committed persons who have violated the rules
19 governing their conduct while in work release. This program
20 shall not apply to those persons who have committed a new
21 offense while serving on parole or mandatory supervised
22 release or while committed to work release.
23 Elements of the program shall include, but shall not be
24 limited to, the following:
25 (1) The staff of a diversion facility shall provide
26 supervision in accordance with required objectives set by
27 the facility.
28 (2) Participants shall be required to maintain
29 employment.
30 (3) Each participant shall pay for room and board
31 at the facility on a sliding-scale basis according to the
32 participant's income.
33 (4) Each participant shall:
34 (A) provide restitution to victims in
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1 accordance with any court order;
2 (B) provide financial support to his
3 dependents; and
4 (C) make appropriate payments toward any other
5 court-ordered obligations.
6 (5) Each participant shall complete community
7 service in addition to employment.
8 (6) Participants shall take part in such
9 counseling, educational and other programs as the
10 Department may deem appropriate.
11 (7) Participants shall submit to drug and alcohol
12 screening.
13 (8) The Department shall promulgate rules governing
14 the administration of the program.
15 (r) To enter into intergovernmental cooperation
16 agreements under which persons in the custody of the
17 Department may participate in a county impact incarceration
18 program established under Section 3-6038 or 3-15003.5 of the
19 Counties Code.
20 (r-5) To enter into intergovernmental cooperation
21 agreements under which minors adjudicated delinquent and
22 committed to the Department of Corrections, Juvenile
23 Division, may participate in a county juvenile impact
24 incarceration program established under Section 3-6039 of the
25 Counties Code.
26 (r-10) To systematically and routinely identify with
27 respect to each streetgang active within the correctional
28 system: (1) each active gang; (2) every existing inter-gang
29 affiliation or alliance; and (3) the current leaders in each
30 gang. The Department shall promptly segregate leaders from
31 inmates who belong to their gangs and allied gangs.
32 "Segregate" means no physical contact and, to the extent
33 possible under the conditions and space available at the
34 correctional facility, prohibition of visual and sound
-8- LRB9000536RCks
1 communication. For the purposes of this paragraph (r-10),
2 "leaders" means persons who:
3 (i) are members of a criminal streetgang;
4 (ii) with respect to other individuals within the
5 streetgang, occupy a position of organizer, supervisor,
6 or other position of management or leadership; and
7 (iii) are actively and personally engaged in
8 directing, ordering, authorizing, or requesting
9 commission of criminal acts by others, which are
10 punishable as a felony, in furtherance of streetgang
11 related activity both within and outside of the
12 Department of Corrections.
13 "Streetgang", "gang", and "streetgang related" have the
14 meanings ascribed to them in Section 10 of the Illinois
15 Streetgang Terrorism Omnibus Prevention Act.
16 (s) To operate a super-maximum security institution, in
17 order to manage and supervise inmates who are disruptive or
18 dangerous and provide for the safety and security of the
19 staff and the other inmates.
20 (s-5) To charge fees to persons released on parole,
21 probation, or mandatory supervised release for the cost of
22 administering the supervision of those persons and to enter
23 into contracts with public or private vendors to provide
24 telephone reporting and collection of those fees and the
25 maintenance of computerized files of persons on parole,
26 probation, or mandatory supervised release.
27 (t) To monitor any unprivileged conversation or any
28 unprivileged communication, whether in person or by mail,
29 telephone, or other means, between an inmate who, before
30 commitment to the Department, was a member of an organized
31 gang and any other person without the need to show cause or
32 satisfy any other requirement of law before beginning the
33 monitoring, except as constitutionally required. The
34 monitoring may be by video, voice, or other method of
-9- LRB9000536RCks
1 recording or by any other means. As used in this subdivision
2 (1)(t), "organized gang" has the meaning ascribed to it in
3 Section 10 of the Illinois Streetgang Terrorism Omnibus
4 Prevention Act.
5 As used in this subdivision (1)(t), "unprivileged
6 conversation" or "unprivileged communication" means a
7 conversation or communication that is not protected by any
8 privilege recognized by law or by decision, rule, or order of
9 the Illinois Supreme Court.
10 (u) To do all other acts necessary to carry out the
11 provisions of this Chapter.
12 (2) The Department of Corrections shall by January 1,
13 1998, consider building and operating a correctional facility
14 within 100 miles of a county of over 2,000,000 inhabitants,
15 especially a facility designed to house juvenile participants
16 in the impact incarceration program.
17 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
18 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
19 89-390, eff. 8-20-95; 89-626, eff. 8-9-96; 89-688, eff.
20 6-1-97; 89-689, eff. 12-31-96.)
21 (Text of Section after amendment by P.A. 89-507)
22 Sec. 3-2-2. Powers and Duties of the Department.
23 (1) In addition to the powers, duties and
24 responsibilities which are otherwise provided by law, the
25 Department shall have the following powers:
26 (a) To accept persons committed to it by the courts of
27 this State for care, custody, treatment and rehabilitation.
28 (b) To develop and maintain reception and evaluation
29 units for purposes of analyzing the custody and
30 rehabilitation needs of persons committed to it and to assign
31 such persons to institutions and programs under its control
32 or transfer them to other appropriate agencies. In
33 consultation with the Department of Alcoholism and Substance
34 Abuse (now the Department of Human Services), the Department
-10- LRB9000536RCks
1 of Corrections shall develop a master plan for the screening
2 and evaluation of persons committed to its custody who have
3 alcohol or drug abuse problems, and for making appropriate
4 treatment available to such persons; the Department shall
5 report to the General Assembly on such plan not later than
6 April 1, 1987. The maintenance and implementation of such
7 plan shall be contingent upon the availability of funds.
8 (b-5) To develop, in consultation with the Department of
9 State Police, a program for tracking and evaluating each
10 inmate from commitment through release for recording his or
11 her gang affiliations, activities, or ranks.
12 (c) To maintain and administer all State correctional
13 institutions and facilities under its control and to
14 establish new ones as needed. Pursuant to its power to
15 establish new institutions and facilities, the Department
16 may, with the written approval of the Governor, authorize the
17 Department of Central Management Services to enter into an
18 agreement of the type described in subsection (d) of Section
19 67.02 of the Civil Administrative Code of Illinois. The
20 Department shall designate those institutions which shall
21 constitute the State Penitentiary System.
22 Pursuant to its power to establish new institutions and
23 facilities, the Department may authorize the Department of
24 Central Management Services to accept bids from counties and
25 municipalities for the construction, remodeling or conversion
26 of a structure to be leased to the Department of Corrections
27 for the purposes of its serving as a correctional institution
28 or facility. Such construction, remodeling or conversion may
29 be financed with revenue bonds issued pursuant to the
30 Industrial Building Revenue Bond Act by the municipality or
31 county. The lease specified in a bid shall be for a term of
32 not less than the time needed to retire any revenue bonds
33 used to finance the project, but not to exceed 40 years. The
34 lease may grant to the State the option to purchase the
-11- LRB9000536RCks
1 structure outright.
2 Upon receipt of the bids, the Department may certify one
3 or more of the bids and shall submit any such bids to the
4 General Assembly for approval. Upon approval of a bid by a
5 constitutional majority of both houses of the General
6 Assembly, pursuant to joint resolution, the Department of
7 Central Management Services may enter into an agreement with
8 the county or municipality pursuant to such bid.
9 (c-5) To build and maintain regional juvenile detention
10 centers and to charge a per diem to the counties as
11 established by the Department to defray the costs of housing
12 each minor in a center. In this subsection (c-5), "juvenile
13 detention center" means a facility to house minors during
14 pendency of trial who have been transferred from proceedings
15 under the Juvenile Court Act of 1987 to prosecutions under
16 the criminal laws of this State in accordance with Section
17 5-4 of the Juvenile Court Act of 1987, whether the transfer
18 was by operation of law or permissive under that Section.
19 The Department shall designate the counties to be served by
20 each regional juvenile detention center.
21 (d) To develop and maintain programs of control,
22 rehabilitation and employment of committed persons within its
23 institutions.
24 (e) To establish a system of supervision and guidance of
25 committed persons in the community.
26 (f) To establish in cooperation with the Department of
27 Transportation to supply a sufficient number of prisoners for
28 use by the Department of Transportation to clean up the trash
29 and garbage along State, county, township, or municipal
30 highways as designated by the Department of Transportation.
31 The Department of Corrections, at the request of the
32 Department of Transportation, shall furnish such prisoners at
33 least annually for a period to be agreed upon between the
34 Director of Corrections and the Director of Transportation.
-12- LRB9000536RCks
1 The prisoners used on this program shall be selected by the
2 Director of Corrections on whatever basis he deems proper in
3 consideration of their term, behavior and earned eligibility
4 to participate in such program - where they will be outside
5 of the prison facility but still in the custody of the
6 Department of Corrections. Prisoners convicted of first
7 degree murder, or a Class X felony, or armed violence, or
8 aggravated kidnapping, or criminal sexual assault,
9 aggravated criminal sexual abuse or a subsequent conviction
10 for criminal sexual abuse, or forcible detention, or arson,
11 or a prisoner adjudged a Habitual Criminal shall not be
12 eligible for selection to participate in such program. The
13 prisoners shall remain as prisoners in the custody of the
14 Department of Corrections and such Department shall furnish
15 whatever security is necessary. The Department of
16 Transportation shall furnish trucks and equipment for the
17 highway cleanup program and personnel to supervise and direct
18 the program. Neither the Department of Corrections nor the
19 Department of Transportation shall replace any regular
20 employee with a prisoner.
21 (g) To maintain records of persons committed to it and
22 to establish programs of research, statistics and planning.
23 (h) To investigate the grievances of any person
24 committed to the Department, to inquire into any alleged
25 misconduct by employees or committed persons, and to
26 investigate the assets of committed persons to implement
27 Section 3-7-6 of this Code; and for these purposes it may
28 issue subpoenas and compel the attendance of witnesses and
29 the production of writings and papers, and may examine under
30 oath any witnesses who may appear before it; to also
31 investigate alleged violations of a parolee's or releasee's
32 conditions of parole or release; and for this purpose it may
33 issue subpoenas and compel the attendance of witnesses and
34 the production of documents only if there is reason to
-13- LRB9000536RCks
1 believe that such procedures would provide evidence that such
2 violations have occurred.
3 If any person fails to obey a subpoena issued under this
4 subsection, the Director may apply to any circuit court to
5 secure compliance with the subpoena. The failure to comply
6 with the order of the court issued in response thereto shall
7 be punishable as contempt of court.
8 (i) To appoint and remove the chief administrative
9 officers, and administer programs of training and development
10 of personnel of the Department. Personnel assigned by the
11 Department to be responsible for the custody and control of
12 committed persons or to investigate the alleged misconduct of
13 committed persons or employees or alleged violations of a
14 parolee's or releasee's conditions of parole shall be
15 conservators of the peace for those purposes, and shall have
16 the full power of peace officers outside of the facilities of
17 the Department in the protection, arrest, retaking and
18 reconfining of committed persons or where the exercise of
19 such power is necessary to the investigation of such
20 misconduct or violations.
21 (j) To cooperate with other departments and agencies and
22 with local communities for the development of standards and
23 programs for better correctional services in this State.
24 (k) To administer all moneys and properties of the
25 Department.
26 (l) To report annually to the Governor on the committed
27 persons, institutions and programs of the Department.
28 (l-5) In a confidential annual report to the Governor,
29 the Department shall identify all inmate gangs by specifying
30 each current gang's name, population and allied gangs. The
31 Department shall further specify the number of top leaders
32 identified by the Department for each gang during the past
33 year, and the measures taken by the Department to segregate
34 each leader from his or her gang and allied gangs. The
-14- LRB9000536RCks
1 Department shall further report the current status of leaders
2 identified and segregated in previous years. All leaders
3 described in the report shall be identified by inmate number
4 or other designation to enable tracking, auditing, and
5 verification without revealing the names of the leaders.
6 Because this report contains law enforcement intelligence
7 information collected by the Department, the report is
8 confidential and not subject to public disclosure.
9 (m) To make all rules and regulations and exercise all
10 powers and duties vested by law in the Department.
11 (n) To establish rules and regulations for administering
12 a system of good conduct credits, established in accordance
13 with Section 3-6-3, subject to review by the Prisoner Review
14 Board.
15 (o) To administer the distribution of funds from the
16 State Treasury to reimburse counties where State penal
17 institutions are located for the payment of assistant state's
18 attorneys' salaries under Section 4-2001 of the Counties
19 Code.
20 (p) To exchange information with the Department of Human
21 Services and the Illinois Department of Public Aid for the
22 purpose of verifying living arrangements and for other
23 purposes directly connected with the administration of this
24 Code and the Illinois Public Aid Code.
25 (q) To establish a diversion program.
26 The program shall provide a structured environment for
27 selected technical parole or mandatory supervised release
28 violators and committed persons who have violated the rules
29 governing their conduct while in work release. This program
30 shall not apply to those persons who have committed a new
31 offense while serving on parole or mandatory supervised
32 release or while committed to work release.
33 Elements of the program shall include, but shall not be
34 limited to, the following:
-15- LRB9000536RCks
1 (1) The staff of a diversion facility shall provide
2 supervision in accordance with required objectives set by
3 the facility.
4 (2) Participants shall be required to maintain
5 employment.
6 (3) Each participant shall pay for room and board
7 at the facility on a sliding-scale basis according to the
8 participant's income.
9 (4) Each participant shall:
10 (A) provide restitution to victims in
11 accordance with any court order;
12 (B) provide financial support to his
13 dependents; and
14 (C) make appropriate payments toward any other
15 court-ordered obligations.
16 (5) Each participant shall complete community
17 service in addition to employment.
18 (6) Participants shall take part in such
19 counseling, educational and other programs as the
20 Department may deem appropriate.
21 (7) Participants shall submit to drug and alcohol
22 screening.
23 (8) The Department shall promulgate rules governing
24 the administration of the program.
25 (r) To enter into intergovernmental cooperation
26 agreements under which persons in the custody of the
27 Department may participate in a county impact incarceration
28 program established under Section 3-6038 or 3-15003.5 of the
29 Counties Code.
30 (r-5) To enter into intergovernmental cooperation
31 agreements under which minors adjudicated delinquent and
32 committed to the Department of Corrections, Juvenile
33 Division, may participate in a county juvenile impact
34 incarceration program established under Section 3-6039 of the
-16- LRB9000536RCks
1 Counties Code.
2 (r-10) To systematically and routinely identify with
3 respect to each streetgang active within the correctional
4 system: (1) each active gang; (2) every existing inter-gang
5 affiliation or alliance; and (3) the current leaders in each
6 gang. The Department shall promptly segregate leaders from
7 inmates who belong to their gangs and allied gangs.
8 "Segregate" means no physical contact and, to the extent
9 possible under the conditions and space available at the
10 correctional facility, prohibition of visual and sound
11 communication. For the purposes of this paragraph (r-10),
12 "leaders" means persons who:
13 (i) are members of a criminal streetgang;
14 (ii) with respect to other individuals within the
15 streetgang, occupy a position of organizer, supervisor,
16 or other position of management or leadership; and
17 (iii) are actively and personally engaged in
18 directing, ordering, authorizing, or requesting
19 commission of criminal acts by others, which are
20 punishable as a felony, in furtherance of streetgang
21 related activity both within and outside of the
22 Department of Corrections.
23 "Streetgang", "gang", and "streetgang related" have the
24 meanings ascribed to them in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (s) To operate a super-maximum security institution, in
27 order to manage and supervise inmates who are disruptive or
28 dangerous and provide for the safety and security of the
29 staff and the other inmates.
30 (s-5) To charge fees to persons released on parole,
31 probation, or mandatory supervised release for the cost of
32 administering the supervision of those persons and to enter
33 into contracts with public or private vendors to provide
34 telephone reporting and collection of those fees and the
-17- LRB9000536RCks
1 maintenance of computerized files of persons on parole,
2 probation, or mandatory supervised release.
3 (t) To monitor any unprivileged conversation or any
4 unprivileged communication, whether in person or by mail,
5 telephone, or other means, between an inmate who, before
6 commitment to the Department, was a member of an organized
7 gang and any other person without the need to show cause or
8 satisfy any other requirement of law before beginning the
9 monitoring, except as constitutionally required. The
10 monitoring may be by video, voice, or other method of
11 recording or by any other means. As used in this subdivision
12 (1)(t), "organized gang" has the meaning ascribed to it in
13 Section 10 of the Illinois Streetgang Terrorism Omnibus
14 Prevention Act.
15 As used in this subdivision (1)(t), "unprivileged
16 conversation" or "unprivileged communication" means a
17 conversation or communication that is not protected by any
18 privilege recognized by law or by decision, rule, or order of
19 the Illinois Supreme Court.
20 (u) To do all other acts necessary to carry out the
21 provisions of this Chapter.
22 (2) The Department of Corrections shall by January 1,
23 1998, consider building and operating a correctional facility
24 within 100 miles of a county of over 2,000,000 inhabitants,
25 especially a facility designed to house juvenile participants
26 in the impact incarceration program.
27 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
28 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
29 89-390, eff. 8-20-95; 89-507, eff. 7-1-97; 89-626, eff.
30 8-9-96; 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised
31 1-7-97.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
-18- LRB9000536RCks
1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.