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90_HB3495
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
Amends the Unified Code of Corrections. Makes a
stylistic change in Section relating to the powers and duties
of the Department of Corrections.
LRB9009681RCks
LRB9009681RCks
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 Sec. 3-2-2. Powers and Duties of the Department.
9 (1) In addition to the powers, duties and
10 responsibilities which are otherwise provided by law, the
11 Department shall have the following powers:
12 (a) To accept persons committed to it by the courts of
13 this State for care, custody, treatment and rehabilitation.
14 (b) To develop and maintain reception and evaluation
15 units for purposes of analyzing the custody and
16 rehabilitation needs of persons committed to it and to assign
17 such persons to institutions and programs under its control
18 or transfer them to other appropriate agencies. In
19 consultation with the Department of Alcoholism and Substance
20 Abuse (now the Department of Human Services), the Department
21 of Corrections shall develop a master plan for the screening
22 and evaluation of persons committed to its custody who have
23 alcohol or drug abuse problems, and for making appropriate
24 treatment available to such persons; the Department shall
25 report to the General Assembly on such plan not later than
26 April 1, 1987. The maintenance and implementation of such
27 plan shall be contingent upon the availability of funds.
28 (b-5) To develop, in consultation with the Department of
29 State Police, a program for tracking and evaluating each
30 inmate from commitment through release for recording his or
31 her gang affiliations, activities, or ranks.
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1 (c) To maintain and administer all State correctional
2 institutions and facilities under its control and to
3 establish new ones as needed. Pursuant to its power to
4 establish new institutions and facilities, the Department
5 may, with the written approval of the Governor, authorize the
6 Department of Central Management Services to enter into an
7 agreement of the type described in subsection (d) of Section
8 67.02 of the Civil Administrative Code of Illinois. The
9 Department shall designate those institutions which shall
10 constitute the State Penitentiary System.
11 Pursuant to its power to establish new institutions and
12 facilities, the Department may authorize the Department of
13 Central Management Services to accept bids from counties and
14 municipalities for the construction, remodeling or conversion
15 of a structure to be leased to the Department of Corrections
16 for the purposes of its serving as a correctional institution
17 or facility. Such construction, remodeling or conversion may
18 be financed with revenue bonds issued pursuant to the
19 Industrial Building Revenue Bond Act by the municipality or
20 county. The lease specified in a bid shall be for a term of
21 not less than the time needed to retire any revenue bonds
22 used to finance the project, but not to exceed 40 years. The
23 lease may grant to the State the option to purchase the
24 structure outright.
25 Upon receipt of the bids, the Department may certify one
26 or more of the bids and shall submit any such bids to the
27 General Assembly for approval. Upon approval of a bid by a
28 constitutional majority of both houses of the General
29 Assembly, pursuant to joint resolution, the Department of
30 Central Management Services may enter into an agreement with
31 the county or municipality pursuant to such bid.
32 (c-5) To build and maintain regional juvenile detention
33 centers and to charge a per diem to the counties as
34 established by the Department to defray the costs of housing
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1 each minor in a center. In this subsection (c-5), "juvenile
2 detention center" means a facility to house minors during
3 pendency of trial who have been transferred from proceedings
4 under the Juvenile Court Act of 1987 to prosecutions under
5 the criminal laws of this State in accordance with Section
6 5-4 of the Juvenile Court Act of 1987, whether the transfer
7 was by operation of law or permissive under that Section.
8 The Department shall designate the counties to be served by
9 each regional juvenile detention center.
10 (d) To develop and maintain programs of control,
11 rehabilitation and employment of committed persons within its
12 institutions.
13 (e) To establish a system of supervision and guidance of
14 committed persons in the community.
15 (f) To establish in cooperation with the Department of
16 Transportation to supply a sufficient number of prisoners for
17 use by the Department of Transportation to clean up the trash
18 and garbage along State, county, township, or municipal
19 highways as designated by the Department of Transportation.
20 The Department of Corrections, at the request of the
21 Department of Transportation, shall furnish such prisoners at
22 least annually for a period to be agreed upon between the
23 Director of Corrections and the Director of Transportation.
24 The prisoners used on this program shall be selected by the
25 Director of Corrections on whatever basis he deems proper in
26 consideration of their term, behavior and earned eligibility
27 to participate in such program - where they will be outside
28 of the prison facility but still in the custody of the
29 Department of Corrections. Prisoners convicted of first
30 degree murder, or a Class X felony, or armed violence, or
31 aggravated kidnapping, or criminal sexual assault,
32 aggravated criminal sexual abuse or a subsequent conviction
33 for criminal sexual abuse, or forcible detention, or arson,
34 or a prisoner adjudged a Habitual Criminal shall not be
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1 eligible for selection to participate in the such program.
2 The prisoners shall remain as prisoners in the custody of the
3 Department of Corrections and such Department shall furnish
4 whatever security is necessary. The Department of
5 Transportation shall furnish trucks and equipment for the
6 highway cleanup program and personnel to supervise and direct
7 the program. Neither the Department of Corrections nor the
8 Department of Transportation shall replace any regular
9 employee with a prisoner.
10 (g) To maintain records of persons committed to it and
11 to establish programs of research, statistics and planning.
12 (h) To investigate the grievances of any person
13 committed to the Department, to inquire into any alleged
14 misconduct by employees or committed persons, and to
15 investigate the assets of committed persons to implement
16 Section 3-7-6 of this Code; and for these purposes it may
17 issue subpoenas and compel the attendance of witnesses and
18 the production of writings and papers, and may examine under
19 oath any witnesses who may appear before it; to also
20 investigate alleged violations of a parolee's or releasee's
21 conditions of parole or release; and for this purpose it may
22 issue subpoenas and compel the attendance of witnesses and
23 the production of documents only if there is reason to
24 believe that such procedures would provide evidence that such
25 violations have occurred.
26 If any person fails to obey a subpoena issued under this
27 subsection, the Director may apply to any circuit court to
28 secure compliance with the subpoena. The failure to comply
29 with the order of the court issued in response thereto shall
30 be punishable as contempt of court.
31 (i) To appoint and remove the chief administrative
32 officers, and administer programs of training and development
33 of personnel of the Department. Personnel assigned by the
34 Department to be responsible for the custody and control of
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1 committed persons or to investigate the alleged misconduct of
2 committed persons or employees or alleged violations of a
3 parolee's or releasee's conditions of parole shall be
4 conservators of the peace for those purposes, and shall have
5 the full power of peace officers outside of the facilities of
6 the Department in the protection, arrest, retaking and
7 reconfining of committed persons or where the exercise of
8 such power is necessary to the investigation of such
9 misconduct or violations.
10 (j) To cooperate with other departments and agencies and
11 with local communities for the development of standards and
12 programs for better correctional services in this State.
13 (k) To administer all moneys and properties of the
14 Department.
15 (l) To report annually to the Governor on the committed
16 persons, institutions and programs of the Department.
17 (l-5) In a confidential annual report to the Governor,
18 the Department shall identify all inmate gangs by specifying
19 each current gang's name, population and allied gangs. The
20 Department shall further specify the number of top leaders
21 identified by the Department for each gang during the past
22 year, and the measures taken by the Department to segregate
23 each leader from his or her gang and allied gangs. The
24 Department shall further report the current status of leaders
25 identified and segregated in previous years. All leaders
26 described in the report shall be identified by inmate number
27 or other designation to enable tracking, auditing, and
28 verification without revealing the names of the leaders.
29 Because this report contains law enforcement intelligence
30 information collected by the Department, the report is
31 confidential and not subject to public disclosure.
32 (m) To make all rules and regulations and exercise all
33 powers and duties vested by law in the Department.
34 (n) To establish rules and regulations for administering
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1 a system of good conduct credits, established in accordance
2 with Section 3-6-3, subject to review by the Prisoner Review
3 Board.
4 (o) To administer the distribution of funds from the
5 State Treasury to reimburse counties where State penal
6 institutions are located for the payment of assistant state's
7 attorneys' salaries under Section 4-2001 of the Counties
8 Code.
9 (p) To exchange information with the Department of Human
10 Services and the Illinois Department of Public Aid for the
11 purpose of verifying living arrangements and for other
12 purposes directly connected with the administration of this
13 Code and the Illinois Public Aid Code.
14 (q) To establish a diversion program.
15 The program shall provide a structured environment for
16 selected technical parole or mandatory supervised release
17 violators and committed persons who have violated the rules
18 governing their conduct while in work release. This program
19 shall not apply to those persons who have committed a new
20 offense while serving on parole or mandatory supervised
21 release or while committed to work release.
22 Elements of the program shall include, but shall not be
23 limited to, the following:
24 (1) The staff of a diversion facility shall provide
25 supervision in accordance with required objectives set by
26 the facility.
27 (2) Participants shall be required to maintain
28 employment.
29 (3) Each participant shall pay for room and board
30 at the facility on a sliding-scale basis according to the
31 participant's income.
32 (4) Each participant shall:
33 (A) provide restitution to victims in
34 accordance with any court order;
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1 (B) provide financial support to his
2 dependents; and
3 (C) make appropriate payments toward any other
4 court-ordered obligations.
5 (5) Each participant shall complete community
6 service in addition to employment.
7 (6) Participants shall take part in such
8 counseling, educational and other programs as the
9 Department may deem appropriate.
10 (7) Participants shall submit to drug and alcohol
11 screening.
12 (8) The Department shall promulgate rules governing
13 the administration of the program.
14 (r) To enter into intergovernmental cooperation
15 agreements under which persons in the custody of the
16 Department may participate in a county impact incarceration
17 program established under Section 3-6038 or 3-15003.5 of the
18 Counties Code.
19 (r-5) To enter into intergovernmental cooperation
20 agreements under which minors adjudicated delinquent and
21 committed to the Department of Corrections, Juvenile
22 Division, may participate in a county juvenile impact
23 incarceration program established under Section 3-6039 of the
24 Counties Code.
25 (r-10) To systematically and routinely identify with
26 respect to each streetgang active within the correctional
27 system: (1) each active gang; (2) every existing inter-gang
28 affiliation or alliance; and (3) the current leaders in each
29 gang. The Department shall promptly segregate leaders from
30 inmates who belong to their gangs and allied gangs.
31 "Segregate" means no physical contact and, to the extent
32 possible under the conditions and space available at the
33 correctional facility, prohibition of visual and sound
34 communication. For the purposes of this paragraph (r-10),
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1 "leaders" means persons who:
2 (i) are members of a criminal streetgang;
3 (ii) with respect to other individuals within the
4 streetgang, occupy a position of organizer, supervisor,
5 or other position of management or leadership; and
6 (iii) are actively and personally engaged in
7 directing, ordering, authorizing, or requesting
8 commission of criminal acts by others, which are
9 punishable as a felony, in furtherance of streetgang
10 related activity both within and outside of the
11 Department of Corrections.
12 "Streetgang", "gang", and "streetgang related" have the
13 meanings ascribed to them in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act.
15 (s) To operate a super-maximum security institution, in
16 order to manage and supervise inmates who are disruptive or
17 dangerous and provide for the safety and security of the
18 staff and the other inmates.
19 (t) To monitor any unprivileged conversation or any
20 unprivileged communication, whether in person or by mail,
21 telephone, or other means, between an inmate who, before
22 commitment to the Department, was a member of an organized
23 gang and any other person without the need to show cause or
24 satisfy any other requirement of law before beginning the
25 monitoring, except as constitutionally required. The
26 monitoring may be by video, voice, or other method of
27 recording or by any other means. As used in this subdivision
28 (1)(t), "organized gang" has the meaning ascribed to it in
29 Section 10 of the Illinois Streetgang Terrorism Omnibus
30 Prevention Act.
31 As used in this subdivision (1)(t), "unprivileged
32 conversation" or "unprivileged communication" means a
33 conversation or communication that is not protected by any
34 privilege recognized by law or by decision, rule, or order of
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1 the Illinois Supreme Court.
2 (u) To do all other acts necessary to carry out the
3 provisions of this Chapter.
4 (2) The Department of Corrections shall by January 1,
5 1998, consider building and operating a correctional facility
6 within 100 miles of a county of over 2,000,000 inhabitants,
7 especially a facility designed to house juvenile participants
8 in the impact incarceration program.
9 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
10 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
11 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
12 eff. 12-31-96; 90-14, eff. 7-1-97.)