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90_SB1713
SEE INDEX
Amends the State Employee Indemnification Act to include
in the definition of "employee" individuals or organizations
that contract with the Department of Human Services to
provide for the treatment and other services for sexually
violent persons. Amends the Civil Administrative Code to
provide that upon request of the Department of Human
Services, the Department of State Police shall conduct an
assessment and evaluation of a sexually violent person and
shall furnish criminal history information maintained on the
sexually violent person. Amends the Criminal Code of 1961.
Provides that it is a Class 2 felony for a person who is
committed to the Department of Human Services under the
Sexually Violent Persons Commitment Act or in detention with
the Department of Human Services awaiting such a commitment
to intentionally escape from a secure residential facility or
from the custody of an employee of the facility. Amends the
Rights of Crime Victims and Witnesses Act to provide that
when a defendant who served his or her sentence is then
committed to the Department of Human Services as a sexually
violent person, the releasing authority shall inform the
Department of Human Services that a victim of that defendant
has requested notification, if the victim has made that
request, of that defendant's release. Amends the Sexually
Violent Persons Commitment Act to provide that the Department
of Human Services may investigate the financial condition of
a sexually violent person committed under the Act, may make
determinations of the ability of each such person to pay for
treatment services, and may set a standard as a basis of
judging the ability of a committed person to person to pay
for treatment. Makes other changes. Amends the Unified Code
of Corrections to include in the definition of "committed
person" for purposes of the escape statute, a person
committed as a sexually violent person and who is held in a
secure facility. Effective immediately.
LRB9008710RCpcB
LRB9008710RCpcB
1 AN ACT relating to sexually violent persons, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Employee Indemnification Act is
6 amended by changing Section 1 as follows:
7 (5 ILCS 350/1) (from Ch. 127, par. 1301)
8 Sec. 1. Definitions. For the purpose of this Act:
9 (a) The term "State" means the State of Illinois, the
10 General Assembly, the court, or any State office, department,
11 division, bureau, board, commission, or committee, the
12 governing boards of the public institutions of higher
13 education created by the State, the Illinois National Guard,
14 the Comprehensive Health Insurance Board, any poison control
15 center designated under the Poison Control System Act that
16 receives State funding, or any other agency or
17 instrumentality of the State. It does not mean any local
18 public entity as that term is defined in Section 1-206 of the
19 Local Governmental and Governmental Employees Tort Immunity
20 Act or a pension fund.
21 (b) The term "employee" means any present or former
22 elected or appointed officer, trustee or employee of the
23 State, or of a pension fund, any present or former member of
24 the Illinois National Guard while on active duty, individuals
25 or organizations who contract with the Department of
26 Corrections, the Comprehensive Health Insurance Board, or the
27 Department of Veterans' Affairs to provide services,
28 individuals or organizations who contract with the Department
29 of Human Services (as successor to the Department of Mental
30 Health and Developmental Disabilities) to provide services
31 including but not limited to treatment and other services for
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1 sexually violent persons or as participating mental health
2 centers as defined in the Mental Health and Developmental
3 Disabilities Code, individuals or organizations who contract
4 with the Department of Military Affairs for youth programs,
5 individuals or organizations who contract to perform carnival
6 and amusement ride safety inspections for the Department of
7 Labor, individual representatives of or designated
8 organizations authorized to represent the Office of State
9 Long-Term Ombudsman for the Department on Aging, individual
10 representatives of or organizations designated by the
11 Department on Aging in the performance of their duties as
12 elder abuse provider agencies or regional administrative
13 agencies under the Elder Abuse and Neglect Act, individuals
14 or organizations who perform volunteer services for the State
15 where such volunteer relationship is reduced to writing,
16 individuals who serve on any public entity (whether created
17 by law or administrative action) described in paragraph (a)
18 of this Section, individuals or not for profit organizations
19 who, either as volunteers, where such volunteer relationship
20 is reduced to writing, or pursuant to contract, furnish
21 professional advice or consultation to any agency or
22 instrumentality of the State, individuals who serve as foster
23 parents for the Department of Children and Family Services
24 when caring for a Department ward, and individuals who serve
25 as arbitrators pursuant to Part 10A of Article II of the Code
26 of Civil Procedure and the rules of the Supreme Court
27 implementing Part 10A, each as now or hereafter amended, but
28 does not mean an independent contractor except as provided in
29 this Section. The term includes an individual appointed as an
30 inspector by the Director of State Police when performing
31 duties within the scope of the activities of a Metropolitan
32 Enforcement Group or a law enforcement organization
33 established under the Intergovernmental Cooperation Act. An
34 individual who renders professional advice and consultation
-3- LRB9008710RCpcB
1 to the State through an organization which qualifies as an
2 "employee" under the Act is also an employee. The term
3 includes the estate or personal representative of an
4 employee.
5 (c) The term "pension fund" means a retirement system or
6 pension fund created under the Illinois Pension Code.
7 (Source: P.A. 88-14; 88-45; 88-198; 88-484; 88-670, eff.
8 12-2-94; 89-507, eff. 7-1-97.)
9 Section 10. The Civil Administrative Code of Illinois is
10 amended by changing Section 55a as follows:
11 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
12 (Text of Section before amendment by P.A. 90-372)
13 Sec. 55a. Powers and duties.
14 (A) The Department of State Police shall have the
15 following powers and duties, and those set forth in Sections
16 55a-1 through 55c:
17 1. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the State
19 Police Act.
20 2. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the State
22 Police Radio Act.
23 3. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the
25 Criminal Identification Act.
26 4. To (a) investigate the origins, activities, personnel
27 and incidents of crime and the ways and means to redress the
28 victims of crimes, and study the impact, if any, of
29 legislation relative to the effusion of crime and growing
30 crime rates, and enforce the criminal laws of this State
31 related thereto, (b) enforce all laws regulating the
32 production, sale, prescribing, manufacturing, administering,
-4- LRB9008710RCpcB
1 transporting, having in possession, dispensing, delivering,
2 distributing, or use of controlled substances and cannabis,
3 (c) employ skilled experts, scientists, technicians,
4 investigators or otherwise specially qualified persons to aid
5 in preventing or detecting crime, apprehending criminals, or
6 preparing and presenting evidence of violations of the
7 criminal laws of the State, (d) cooperate with the police of
8 cities, villages and incorporated towns, and with the police
9 officers of any county, in enforcing the laws of the State
10 and in making arrests and recovering property, (e) apprehend
11 and deliver up any person charged in this State or any other
12 State of the United States with treason, felony, or other
13 crime, who has fled from justice and is found in this State,
14 and (f) conduct such other investigations as may be provided
15 by law. Persons exercising these powers within the Department
16 are conservators of the peace and as such have all the powers
17 possessed by policemen in cities and sheriffs, except that
18 they may exercise such powers anywhere in the State in
19 cooperation with and after contact with the local law
20 enforcement officials. Such persons may use false or
21 fictitious names in the performance of their duties under
22 this paragraph, upon approval of the Director, and shall not
23 be subject to prosecution under the criminal laws for such
24 use.
25 5. To: (a) be a central repository and custodian of
26 criminal statistics for the State, (b) be a central
27 repository for criminal history record information, (c)
28 procure and file for record such information as is necessary
29 and helpful to plan programs of crime prevention, law
30 enforcement and criminal justice, (d) procure and file for
31 record such copies of fingerprints, as may be required by
32 law, (e) establish general and field crime laboratories, (f)
33 register and file for record such information as may be
34 required by law for the issuance of firearm owner's
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1 identification cards, (g) employ polygraph operators,
2 laboratory technicians and other specially qualified persons
3 to aid in the identification of criminal activity, and (h)
4 undertake such other identification, information, laboratory,
5 statistical or registration activities as may be required by
6 law.
7 6. To (a) acquire and operate one or more radio
8 broadcasting stations in the State to be used for police
9 purposes, (b) operate a statewide communications network to
10 gather and disseminate information for law enforcement
11 agencies, (c) operate an electronic data processing and
12 computer center for the storage and retrieval of data
13 pertaining to criminal activity, and (d) undertake such other
14 communication activities as may be required by law.
15 7. To provide, as may be required by law, assistance to
16 local law enforcement agencies through (a) training,
17 management and consultant services for local law enforcement
18 agencies, and (b) the pursuit of research and the publication
19 of studies pertaining to local law enforcement activities.
20 8. To exercise the rights, powers and duties which have
21 been vested in the Department of State Police and the
22 Director of the Department of State Police by the Narcotic
23 Control Division Abolition Act.
24 9. To exercise the rights, powers and duties which have
25 been vested in the Department of Public Safety by the
26 Illinois Vehicle Code.
27 10. To exercise the rights, powers and duties which have
28 been vested in the Department of Public Safety by the Firearm
29 Owners Identification Card Act.
30 11. To enforce and administer such other laws in
31 relation to law enforcement as may be vested in the
32 Department.
33 12. To transfer jurisdiction of any realty title to
34 which is held by the State of Illinois under the control of
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1 the Department to any other department of the State
2 government or to the State Employees Housing Commission, or
3 to acquire or accept Federal land, when such transfer,
4 acquisition or acceptance is advantageous to the State and is
5 approved in writing by the Governor.
6 13. With the written approval of the Governor, to enter
7 into agreements with other departments created by this Act,
8 for the furlough of inmates of the penitentiary to such other
9 departments for their use in research programs being
10 conducted by them.
11 For the purpose of participating in such research
12 projects, the Department may extend the limits of any
13 inmate's place of confinement, when there is reasonable cause
14 to believe that the inmate will honor his or her trust by
15 authorizing the inmate, under prescribed conditions, to leave
16 the confines of the place unaccompanied by a custodial agent
17 of the Department. The Department shall make rules governing
18 the transfer of the inmate to the requesting other department
19 having the approved research project, and the return of such
20 inmate to the unextended confines of the penitentiary. Such
21 transfer shall be made only with the consent of the inmate.
22 The willful failure of a prisoner to remain within the
23 extended limits of his or her confinement or to return within
24 the time or manner prescribed to the place of confinement
25 designated by the Department in granting such extension shall
26 be deemed an escape from custody of the Department and
27 punishable as provided in Section 3-6-4 of the Unified Code
28 of Corrections.
29 14. To provide investigative services, with all of the
30 powers possessed by policemen in cities and sheriffs, in and
31 around all race tracks subject to the Horse Racing Act of
32 1975.
33 15. To expend such sums as the Director deems necessary
34 from Contractual Services appropriations for the Division of
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1 Criminal Investigation for the purchase of evidence and for
2 the employment of persons to obtain evidence. Such sums shall
3 be advanced to agents authorized by the Director to expend
4 funds, on vouchers signed by the Director.
5 16. To assist victims and witnesses in gang crime
6 prosecutions through the administration of funds appropriated
7 from the Gang Violence Victims and Witnesses Fund to the
8 Department. Such funds shall be appropriated to the
9 Department and shall only be used to assist victims and
10 witnesses in gang crime prosecutions and such assistance may
11 include any of the following:
12 (a) temporary living costs;
13 (b) moving expenses;
14 (c) closing costs on the sale of private residence;
15 (d) first month's rent;
16 (e) security deposits;
17 (f) apartment location assistance;
18 (g) other expenses which the Department considers
19 appropriate; and
20 (h) compensation for any loss of or injury to real
21 or personal property resulting from a gang crime to a
22 maximum of $5,000, subject to the following provisions:
23 (1) in the case of loss of property, the
24 amount of compensation shall be measured by the
25 replacement cost of similar or like property which
26 has been incurred by and which is substantiated by
27 the property owner,
28 (2) in the case of injury to property, the
29 amount of compensation shall be measured by the cost
30 of repair incurred and which can be substantiated by
31 the property owner,
32 (3) compensation under this provision is a
33 secondary source of compensation and shall be
34 reduced by any amount the property owner receives
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1 from any other source as compensation for the loss
2 or injury, including, but not limited to, personal
3 insurance coverage,
4 (4) no compensation may be awarded if the
5 property owner was an offender or an accomplice of
6 the offender, or if the award would unjustly benefit
7 the offender or offenders, or an accomplice of the
8 offender or offenders.
9 No victim or witness may receive such assistance if he or
10 she is not a part of or fails to fully cooperate in the
11 prosecution of gang crime members by law enforcement
12 authorities.
13 The Department shall promulgate any rules necessary for
14 the implementation of this amendatory Act of 1985.
15 17. To conduct arson investigations.
16 18. To develop a separate statewide statistical police
17 contact record keeping system for the study of juvenile
18 delinquency. The records of this police contact system shall
19 be limited to statistical information. No individually
20 identifiable information shall be maintained in the police
21 contact statistical record system.
22 19. To develop a separate statewide central adjudicatory
23 and dispositional records system for persons under 19 years
24 of age who have been adjudicated delinquent minors and to
25 make information available to local registered participating
26 police youth officers so that police youth officers will be
27 able to obtain rapid access to the juvenile's background from
28 other jurisdictions to the end that the police youth officers
29 can make appropriate dispositions which will best serve the
30 interest of the child and the community. Information
31 maintained in the adjudicatory and dispositional record
32 system shall be limited to the incidents or offenses for
33 which the minor was adjudicated delinquent by a court, and a
34 copy of the court's dispositional order. All individually
-9- LRB9008710RCpcB
1 identifiable records in the adjudicatory and dispositional
2 records system shall be destroyed when the person reaches 19
3 years of age.
4 20. To develop rules which guarantee the confidentiality
5 of such individually identifiable adjudicatory and
6 dispositional records except when used for the following:
7 (a) by authorized juvenile court personnel or the
8 State's Attorney in connection with proceedings under the
9 Juvenile Court Act of 1987; or
10 (b) inquiries from registered police youth
11 officers.
12 For the purposes of this Act "police youth officer" means
13 a member of a duly organized State, county or municipal
14 police force who is assigned by his or her Superintendent,
15 Sheriff or chief of police, as the case may be, to specialize
16 in youth problems.
17 21. To develop administrative rules and administrative
18 hearing procedures which allow a minor, his or her attorney,
19 and his or her parents or guardian access to individually
20 identifiable adjudicatory and dispositional records for the
21 purpose of determining or challenging the accuracy of the
22 records. Final administrative decisions shall be subject to
23 the provisions of the Administrative Review Law.
24 22. To charge, collect, and receive fees or moneys
25 equivalent to the cost of providing Department of State
26 Police personnel, equipment, and services to local
27 governmental agencies when explicitly requested by a local
28 governmental agency and pursuant to an intergovernmental
29 agreement as provided by this Section, other State agencies,
30 and federal agencies, including but not limited to fees or
31 moneys equivalent to the cost of providing dispatching
32 services, radio and radar repair, and training to local
33 governmental agencies on such terms and conditions as in the
34 judgment of the Director are in the best interest of the
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1 State; and to establish, charge, collect and receive fees or
2 moneys based on the cost of providing responses to requests
3 for criminal history record information pursuant to positive
4 identification and any Illinois or federal law authorizing
5 access to some aspect of such information and to prescribe
6 the form and manner for requesting and furnishing such
7 information to the requestor on such terms and conditions as
8 in the judgment of the Director are in the best interest of
9 the State, provided fees for requesting and furnishing
10 criminal history record information may be waived for
11 requests in the due administration of the criminal laws. The
12 Department may also charge, collect and receive fees or
13 moneys equivalent to the cost of providing electronic data
14 processing lines or related telecommunication services to
15 local governments, but only when such services can be
16 provided by the Department at a cost less than that
17 experienced by said local governments through other means.
18 All services provided by the Department shall be conducted
19 pursuant to contracts in accordance with the
20 Intergovernmental Cooperation Act, and all telecommunication
21 services shall be provided pursuant to the provisions of
22 Section 67.18 of this Code.
23 All fees received by the Department of State Police under
24 this Act or the Illinois Uniform Conviction Information Act
25 shall be deposited in a special fund in the State Treasury to
26 be known as the State Police Services Fund. The money
27 deposited in the State Police Services Fund shall be
28 appropriated to the Department of State Police for expenses
29 of the Department of State Police.
30 In addition to any other permitted use of moneys in the
31 Fund, and notwithstanding any restriction on the use of the
32 Fund, moneys in the State Police Services Fund may be
33 transferred to the General Revenue Fund as authorized by this
34 amendatory Act of 1992. The General Assembly finds that an
-11- LRB9008710RCpcB
1 excess of moneys exists in the Fund. On February 1, 1992,
2 the Comptroller shall order transferred and the Treasurer
3 shall transfer $500,000 (or such lesser amount as may be on
4 deposit in the Fund and unexpended and unobligated on that
5 date) from the Fund to the General Revenue Fund.
6 Upon the completion of any audit of the Department of
7 State Police as prescribed by the Illinois State Auditing
8 Act, which audit includes an audit of the State Police
9 Services Fund, the Department of State Police shall make the
10 audit open to inspection by any interested person.
11 23. To exercise the powers and perform the duties which
12 have been vested in the Department of State Police by the
13 Intergovernmental Missing Child Recovery Act of 1984, and to
14 establish reasonable rules and regulations necessitated
15 thereby.
16 24. (a) To establish and maintain a statewide Law
17 Enforcement Agencies Data System (LEADS) for the purpose of
18 providing electronic access by authorized entities to
19 criminal justice data repositories and effecting an immediate
20 law enforcement response to reports of missing persons,
21 including lost, missing or runaway minors. The Department
22 shall implement an automatic data exchange system to compile,
23 to maintain and to make available to other law enforcement
24 agencies for immediate dissemination data which can assist
25 appropriate agencies in recovering missing persons and
26 provide access by authorized entities to various data
27 repositories available through LEADS for criminal justice and
28 related purposes. To help assist the Department in this
29 effort, funds may be appropriated from the LEADS Maintenance
30 Fund.
31 (b) In exercising its duties under this subsection, the
32 Department shall:
33 (1) provide a uniform reporting format for the
34 entry of pertinent information regarding the report of a
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1 missing person into LEADS;
2 (2) develop and implement a policy whereby a
3 statewide or regional alert would be used in situations
4 relating to the disappearances of individuals, based on
5 criteria and in a format established by the Department.
6 Such a format shall include, but not be limited to, the
7 age of the missing person and the suspected circumstance
8 of the disappearance;
9 (3) notify all law enforcement agencies that
10 reports of missing persons shall be entered as soon as
11 the minimum level of data specified by the Department is
12 available to the reporting agency, and that no waiting
13 period for the entry of such data exists;
14 (4) compile and retain information regarding lost,
15 abducted, missing or runaway minors in a separate data
16 file, in a manner that allows such information to be used
17 by law enforcement and other agencies deemed appropriate
18 by the Director, for investigative purposes. Such
19 information shall include the disposition of all reported
20 lost, abducted, missing or runaway minor cases;
21 (5) compile and maintain an historic data
22 repository relating to lost, abducted, missing or runaway
23 minors and other missing persons in order to develop and
24 improve techniques utilized by law enforcement agencies
25 when responding to reports of missing persons; and
26 (6) create a quality control program regarding
27 confirmation of missing person data, timeliness of
28 entries of missing person reports into LEADS and
29 performance audits of all entering agencies.
30 25. On request of a school board or regional
31 superintendent of schools, to conduct an inquiry pursuant to
32 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
33 an applicant for employment in a school district has been
34 convicted of any criminal or drug offenses enumerated in
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1 Section 10-21.9 or 34-18.5 of the School Code. The
2 Department shall furnish such conviction information to the
3 President of the school board of the school district which
4 has requested the information, or if the information was
5 requested by the regional superintendent to that regional
6 superintendent.
7 26. To promulgate rules and regulations necessary for
8 the administration and enforcement of its powers and duties,
9 wherever granted and imposed, pursuant to the Illinois
10 Administrative Procedure Act.
11 27. To (a) promulgate rules pertaining to the
12 certification, revocation of certification and training of
13 law enforcement officers as electronic criminal surveillance
14 officers, (b) provide training and technical assistance to
15 State's Attorneys and local law enforcement agencies
16 pertaining to the interception of private oral
17 communications, (c) promulgate rules necessary for the
18 administration of Article 108B of the Code of Criminal
19 Procedure of 1963, including but not limited to standards for
20 recording and minimization of electronic criminal
21 surveillance intercepts, documentation required to be
22 maintained during an intercept, procedures in relation to
23 evidence developed by an intercept, and (d) charge a
24 reasonable fee to each law enforcement agency that sends
25 officers to receive training as electronic criminal
26 surveillance officers.
27 28. Upon the request of any private organization which
28 devotes a major portion of its time to the provision of
29 recreational, social, educational or child safety services to
30 children, to conduct, pursuant to positive identification,
31 criminal background investigations of all of that
32 organization's current employees, current volunteers,
33 prospective employees or prospective volunteers charged with
34 the care and custody of children during the provision of the
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1 organization's services, and to report to the requesting
2 organization any record of convictions maintained in the
3 Department's files about such persons. The Department shall
4 charge an application fee, based on actual costs, for the
5 dissemination of conviction information pursuant to this
6 subsection. The Department is empowered to establish this
7 fee and shall prescribe the form and manner for requesting
8 and furnishing conviction information pursuant to this
9 subsection. Information received by the organization from the
10 Department concerning an individual shall be provided to such
11 individual. Any such information obtained by the
12 organization shall be confidential and may not be transmitted
13 outside the organization and may not be transmitted to anyone
14 within the organization except as needed for the purpose of
15 evaluating the individual. Only information and standards
16 which bear a reasonable and rational relation to the
17 performance of child care shall be used by the organization.
18 Any employee of the Department or any member, employee or
19 volunteer of the organization receiving confidential
20 information under this subsection who gives or causes to be
21 given any confidential information concerning any criminal
22 convictions of an individual shall be guilty of a Class A
23 misdemeanor unless release of such information is authorized
24 by this subsection.
25 29. Upon the request of the Department of Children and
26 Family Services, to investigate reports of child abuse or
27 neglect.
28 30. To obtain registration of a fictitious vital record
29 pursuant to Section 15.1 of the Vital Records Act.
30 31. To collect and disseminate information relating to
31 "hate crimes" as defined under Section 12-7.1 of the Criminal
32 Code of 1961 contingent upon the availability of State or
33 Federal funds to revise and upgrade the Illinois Uniform
34 Crime Reporting System. All law enforcement agencies shall
-15- LRB9008710RCpcB
1 report monthly to the Department of State Police concerning
2 such offenses in such form and in such manner as may be
3 prescribed by rules and regulations adopted by the Department
4 of State Police. Such information shall be compiled by the
5 Department and be disseminated upon request to any local law
6 enforcement agency, unit of local government, or state
7 agency. Dissemination of such information shall be subject
8 to all confidentiality requirements otherwise imposed by law.
9 The Department of State Police shall provide training for
10 State Police officers in identifying, responding to, and
11 reporting all hate crimes. The Illinois Local Governmental
12 Law Enforcement Officer's Training Board shall develop and
13 certify a course of such training to be made available to
14 local law enforcement officers.
15 32. Upon the request of a private carrier company that
16 provides transportation under Section 28b of the Metropolitan
17 Transit Authority Act, to ascertain if an applicant for a
18 driver position has been convicted of any criminal or drug
19 offense enumerated in Section 28b of the Metropolitan Transit
20 Authority Act. The Department shall furnish the conviction
21 information to the private carrier company that requested the
22 information.
23 33. To apply for grants or contracts, receive, expend,
24 allocate, or disburse funds and moneys made available by
25 public or private entities, including, but not limited to,
26 contracts, bequests, grants, or receiving equipment from
27 corporations, foundations, or public or private institutions
28 of higher learning. All funds received by the Department
29 from these sources shall be deposited into the appropriate
30 fund in the State Treasury to be appropriated to the
31 Department for purposes as indicated by the grantor or
32 contractor or, in the case of funds or moneys bequeathed or
33 granted for no specific purpose, for any purpose as deemed
34 appropriate by the Director in administering the
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1 responsibilities of the Department.
2 34. Upon the request of the Department of Children and
3 Family Services, the Department of State Police shall provide
4 properly designated employees of the Department of Children
5 and Family Services with criminal history record information
6 as defined in the Illinois Uniform Conviction Information Act
7 and information maintained in the adjudicatory and
8 dispositional record system as defined in subdivision (A)19
9 of this Section if the Department of Children and Family
10 Services determines the information is necessary to perform
11 its duties under the Abused and Neglected Child Reporting
12 Act, the Child Care Act of 1969, and the Children and Family
13 Services Act. The request shall be in the form and manner
14 specified by the Department of State Police.
15 35. The Illinois Department of Public Aid is an
16 authorized entity under this Section for the purpose of
17 obtaining access to various data repositories available
18 through LEADS, to facilitate the location of individuals for
19 establishing paternity, and establishing, modifying, and
20 enforcing child support obligations, pursuant to the Illinois
21 Public Aid Code and Title IV, Part D of the Social Security
22 Act. The Department shall enter into an agreement with the
23 Illinois Department of Public Aid consistent with these
24 purposes.
25 36. Upon request of the Department of Human Services, to
26 conduct an assessment and evaluation of sexually violent
27 persons as mandated by the Sexually Violent Persons
28 Commitment Act, the Department shall furnish criminal history
29 information maintained on the requested person. The request
30 shall be in the form and manner specified by the Department.
31 (B) The Department of State Police may establish and
32 maintain, within the Department of State Police, a Statewide
33 Organized Criminal Gang Database (SWORD) for the purpose of
34 tracking organized criminal gangs and their memberships.
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1 Information in the database may include, but not be limited
2 to, the name, last known address, birth date, physical
3 descriptions (such as scars, marks, or tattoos), officer
4 safety information, organized gang affiliation, and entering
5 agency identifier. The Department may develop, in
6 consultation with the Criminal Justice Information Authority,
7 and in a form and manner prescribed by the Department, an
8 automated data exchange system to compile, to maintain, and
9 to make this information electronically available to
10 prosecutors and to other law enforcement agencies. The
11 information may be used by authorized agencies to combat the
12 operations of organized criminal gangs statewide.
13 (C) The Department of State Police may ascertain the
14 number of bilingual police officers and other personnel
15 needed to provide services in a language other than English
16 and may establish, under applicable personnel rules and
17 Department guidelines or through a collective bargaining
18 agreement, a bilingual pay supplement program.
19 35. The Illinois Department of Public Aid is an
20 authorized entity under this Section for the purpose of
21 obtaining access to various data repositories available
22 through LEADS, to facilitate the location of individuals for
23 establishing paternity, and establishing, modifying, and
24 enforcing child support obligations, pursuant to the Public
25 Aid Code and Title IV, Section D of the Social Security Act.
26 The Department shall enter into an agreement with the
27 Illinois Department of Public Aid consistent with these
28 purposes.
29 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
30 90-130, eff. 1-1-98; revised 1-5-98.)
31 (Text of Section after amendment by P.A. 90-372)
32 Sec. 55a. Powers and duties.
33 (A) The Department of State Police shall have the
34 following powers and duties, and those set forth in Sections
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1 55a-1 through 55c:
2 1. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the State
4 Police Act.
5 2. To exercise the rights, powers and duties which have
6 been vested in the Department of Public Safety by the State
7 Police Radio Act.
8 3. To exercise the rights, powers and duties which have
9 been vested in the Department of Public Safety by the
10 Criminal Identification Act.
11 4. To (a) investigate the origins, activities, personnel
12 and incidents of crime and the ways and means to redress the
13 victims of crimes, and study the impact, if any, of
14 legislation relative to the effusion of crime and growing
15 crime rates, and enforce the criminal laws of this State
16 related thereto, (b) enforce all laws regulating the
17 production, sale, prescribing, manufacturing, administering,
18 transporting, having in possession, dispensing, delivering,
19 distributing, or use of controlled substances and cannabis,
20 (c) employ skilled experts, scientists, technicians,
21 investigators or otherwise specially qualified persons to aid
22 in preventing or detecting crime, apprehending criminals, or
23 preparing and presenting evidence of violations of the
24 criminal laws of the State, (d) cooperate with the police of
25 cities, villages and incorporated towns, and with the police
26 officers of any county, in enforcing the laws of the State
27 and in making arrests and recovering property, (e) apprehend
28 and deliver up any person charged in this State or any other
29 State of the United States with treason, felony, or other
30 crime, who has fled from justice and is found in this State,
31 and (f) conduct such other investigations as may be provided
32 by law. Persons exercising these powers within the Department
33 are conservators of the peace and as such have all the powers
34 possessed by policemen in cities and sheriffs, except that
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1 they may exercise such powers anywhere in the State in
2 cooperation with and after contact with the local law
3 enforcement officials. Such persons may use false or
4 fictitious names in the performance of their duties under
5 this paragraph, upon approval of the Director, and shall not
6 be subject to prosecution under the criminal laws for such
7 use.
8 5. To: (a) be a central repository and custodian of
9 criminal statistics for the State, (b) be a central
10 repository for criminal history record information, (c)
11 procure and file for record such information as is necessary
12 and helpful to plan programs of crime prevention, law
13 enforcement and criminal justice, (d) procure and file for
14 record such copies of fingerprints, as may be required by
15 law, (e) establish general and field crime laboratories, (f)
16 register and file for record such information as may be
17 required by law for the issuance of firearm owner's
18 identification cards, (g) employ polygraph operators,
19 laboratory technicians and other specially qualified persons
20 to aid in the identification of criminal activity, and (h)
21 undertake such other identification, information, laboratory,
22 statistical or registration activities as may be required by
23 law.
24 6. To (a) acquire and operate one or more radio
25 broadcasting stations in the State to be used for police
26 purposes, (b) operate a statewide communications network to
27 gather and disseminate information for law enforcement
28 agencies, (c) operate an electronic data processing and
29 computer center for the storage and retrieval of data
30 pertaining to criminal activity, and (d) undertake such other
31 communication activities as may be required by law.
32 7. To provide, as may be required by law, assistance to
33 local law enforcement agencies through (a) training,
34 management and consultant services for local law enforcement
-20- LRB9008710RCpcB
1 agencies, and (b) the pursuit of research and the publication
2 of studies pertaining to local law enforcement activities.
3 8. To exercise the rights, powers and duties which have
4 been vested in the Department of State Police and the
5 Director of the Department of State Police by the Narcotic
6 Control Division Abolition Act.
7 9. To exercise the rights, powers and duties which have
8 been vested in the Department of Public Safety by the
9 Illinois Vehicle Code.
10 10. To exercise the rights, powers and duties which have
11 been vested in the Department of Public Safety by the Firearm
12 Owners Identification Card Act.
13 11. To enforce and administer such other laws in
14 relation to law enforcement as may be vested in the
15 Department.
16 12. To transfer jurisdiction of any realty title to
17 which is held by the State of Illinois under the control of
18 the Department to any other department of the State
19 government or to the State Employees Housing Commission, or
20 to acquire or accept Federal land, when such transfer,
21 acquisition or acceptance is advantageous to the State and is
22 approved in writing by the Governor.
23 13. With the written approval of the Governor, to enter
24 into agreements with other departments created by this Act,
25 for the furlough of inmates of the penitentiary to such other
26 departments for their use in research programs being
27 conducted by them.
28 For the purpose of participating in such research
29 projects, the Department may extend the limits of any
30 inmate's place of confinement, when there is reasonable cause
31 to believe that the inmate will honor his or her trust by
32 authorizing the inmate, under prescribed conditions, to leave
33 the confines of the place unaccompanied by a custodial agent
34 of the Department. The Department shall make rules governing
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1 the transfer of the inmate to the requesting other department
2 having the approved research project, and the return of such
3 inmate to the unextended confines of the penitentiary. Such
4 transfer shall be made only with the consent of the inmate.
5 The willful failure of a prisoner to remain within the
6 extended limits of his or her confinement or to return within
7 the time or manner prescribed to the place of confinement
8 designated by the Department in granting such extension shall
9 be deemed an escape from custody of the Department and
10 punishable as provided in Section 3-6-4 of the Unified Code
11 of Corrections.
12 14. To provide investigative services, with all of the
13 powers possessed by policemen in cities and sheriffs, in and
14 around all race tracks subject to the Horse Racing Act of
15 1975.
16 15. To expend such sums as the Director deems necessary
17 from Contractual Services appropriations for the Division of
18 Criminal Investigation for the purchase of evidence and for
19 the employment of persons to obtain evidence. Such sums shall
20 be advanced to agents authorized by the Director to expend
21 funds, on vouchers signed by the Director.
22 16. To assist victims and witnesses in gang crime
23 prosecutions through the administration of funds appropriated
24 from the Gang Violence Victims and Witnesses Fund to the
25 Department. Such funds shall be appropriated to the
26 Department and shall only be used to assist victims and
27 witnesses in gang crime prosecutions and such assistance may
28 include any of the following:
29 (a) temporary living costs;
30 (b) moving expenses;
31 (c) closing costs on the sale of private residence;
32 (d) first month's rent;
33 (e) security deposits;
34 (f) apartment location assistance;
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1 (g) other expenses which the Department considers
2 appropriate; and
3 (h) compensation for any loss of or injury to real
4 or personal property resulting from a gang crime to a
5 maximum of $5,000, subject to the following provisions:
6 (1) in the case of loss of property, the
7 amount of compensation shall be measured by the
8 replacement cost of similar or like property which
9 has been incurred by and which is substantiated by
10 the property owner,
11 (2) in the case of injury to property, the
12 amount of compensation shall be measured by the cost
13 of repair incurred and which can be substantiated by
14 the property owner,
15 (3) compensation under this provision is a
16 secondary source of compensation and shall be
17 reduced by any amount the property owner receives
18 from any other source as compensation for the loss
19 or injury, including, but not limited to, personal
20 insurance coverage,
21 (4) no compensation may be awarded if the
22 property owner was an offender or an accomplice of
23 the offender, or if the award would unjustly benefit
24 the offender or offenders, or an accomplice of the
25 offender or offenders.
26 No victim or witness may receive such assistance if he or
27 she is not a part of or fails to fully cooperate in the
28 prosecution of gang crime members by law enforcement
29 authorities.
30 The Department shall promulgate any rules necessary for
31 the implementation of this amendatory Act of 1985.
32 17. To conduct arson investigations.
33 18. To develop a separate statewide statistical police
34 contact record keeping system for the study of juvenile
-23- LRB9008710RCpcB
1 delinquency. The records of this police contact system shall
2 be limited to statistical information. No individually
3 identifiable information shall be maintained in the police
4 contact statistical record system.
5 19. To develop a separate statewide central adjudicatory
6 and dispositional records system for persons under 19 years
7 of age who have been adjudicated delinquent minors and to
8 make information available to local registered participating
9 police youth officers so that police youth officers will be
10 able to obtain rapid access to the juvenile's background from
11 other jurisdictions to the end that the police youth officers
12 can make appropriate dispositions which will best serve the
13 interest of the child and the community. Information
14 maintained in the adjudicatory and dispositional record
15 system shall be limited to the incidents or offenses for
16 which the minor was adjudicated delinquent by a court, and a
17 copy of the court's dispositional order. All individually
18 identifiable records in the adjudicatory and dispositional
19 records system shall be destroyed when the person reaches 19
20 years of age.
21 20. To develop rules which guarantee the confidentiality
22 of such individually identifiable adjudicatory and
23 dispositional records except when used for the following:
24 (a) by authorized juvenile court personnel or the
25 State's Attorney in connection with proceedings under the
26 Juvenile Court Act of 1987; or
27 (b) inquiries from registered police youth
28 officers.
29 For the purposes of this Act "police youth officer" means
30 a member of a duly organized State, county or municipal
31 police force who is assigned by his or her Superintendent,
32 Sheriff or chief of police, as the case may be, to specialize
33 in youth problems.
34 21. To develop administrative rules and administrative
-24- LRB9008710RCpcB
1 hearing procedures which allow a minor, his or her attorney,
2 and his or her parents or guardian access to individually
3 identifiable adjudicatory and dispositional records for the
4 purpose of determining or challenging the accuracy of the
5 records. Final administrative decisions shall be subject to
6 the provisions of the Administrative Review Law.
7 22. To charge, collect, and receive fees or moneys
8 equivalent to the cost of providing Department of State
9 Police personnel, equipment, and services to local
10 governmental agencies when explicitly requested by a local
11 governmental agency and pursuant to an intergovernmental
12 agreement as provided by this Section, other State agencies,
13 and federal agencies, including but not limited to fees or
14 moneys equivalent to the cost of providing dispatching
15 services, radio and radar repair, and training to local
16 governmental agencies on such terms and conditions as in the
17 judgment of the Director are in the best interest of the
18 State; and to establish, charge, collect and receive fees or
19 moneys based on the cost of providing responses to requests
20 for criminal history record information pursuant to positive
21 identification and any Illinois or federal law authorizing
22 access to some aspect of such information and to prescribe
23 the form and manner for requesting and furnishing such
24 information to the requestor on such terms and conditions as
25 in the judgment of the Director are in the best interest of
26 the State, provided fees for requesting and furnishing
27 criminal history record information may be waived for
28 requests in the due administration of the criminal laws. The
29 Department may also charge, collect and receive fees or
30 moneys equivalent to the cost of providing electronic data
31 processing lines or related telecommunication services to
32 local governments, but only when such services can be
33 provided by the Department at a cost less than that
34 experienced by said local governments through other means.
-25- LRB9008710RCpcB
1 All services provided by the Department shall be conducted
2 pursuant to contracts in accordance with the
3 Intergovernmental Cooperation Act, and all telecommunication
4 services shall be provided pursuant to the provisions of
5 Section 67.18 of this Code.
6 All fees received by the Department of State Police under
7 this Act or the Illinois Uniform Conviction Information Act
8 shall be deposited in a special fund in the State Treasury to
9 be known as the State Police Services Fund. The money
10 deposited in the State Police Services Fund shall be
11 appropriated to the Department of State Police for expenses
12 of the Department of State Police.
13 Upon the completion of any audit of the Department of
14 State Police as prescribed by the Illinois State Auditing
15 Act, which audit includes an audit of the State Police
16 Services Fund, the Department of State Police shall make the
17 audit open to inspection by any interested person.
18 23. To exercise the powers and perform the duties which
19 have been vested in the Department of State Police by the
20 Intergovernmental Missing Child Recovery Act of 1984, and to
21 establish reasonable rules and regulations necessitated
22 thereby.
23 24. (a) To establish and maintain a statewide Law
24 Enforcement Agencies Data System (LEADS) for the purpose of
25 providing electronic access by authorized entities to
26 criminal justice data repositories and effecting an immediate
27 law enforcement response to reports of missing persons,
28 including lost, missing or runaway minors. The Department
29 shall implement an automatic data exchange system to compile,
30 to maintain and to make available to other law enforcement
31 agencies for immediate dissemination data which can assist
32 appropriate agencies in recovering missing persons and
33 provide access by authorized entities to various data
34 repositories available through LEADS for criminal justice and
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1 related purposes. To help assist the Department in this
2 effort, funds may be appropriated from the LEADS Maintenance
3 Fund.
4 (b) In exercising its duties under this subsection, the
5 Department shall:
6 (1) provide a uniform reporting format for the
7 entry of pertinent information regarding the report of a
8 missing person into LEADS;
9 (2) develop and implement a policy whereby a
10 statewide or regional alert would be used in situations
11 relating to the disappearances of individuals, based on
12 criteria and in a format established by the Department.
13 Such a format shall include, but not be limited to, the
14 age of the missing person and the suspected circumstance
15 of the disappearance;
16 (3) notify all law enforcement agencies that
17 reports of missing persons shall be entered as soon as
18 the minimum level of data specified by the Department is
19 available to the reporting agency, and that no waiting
20 period for the entry of such data exists;
21 (4) compile and retain information regarding lost,
22 abducted, missing or runaway minors in a separate data
23 file, in a manner that allows such information to be used
24 by law enforcement and other agencies deemed appropriate
25 by the Director, for investigative purposes. Such
26 information shall include the disposition of all reported
27 lost, abducted, missing or runaway minor cases;
28 (5) compile and maintain an historic data
29 repository relating to lost, abducted, missing or runaway
30 minors and other missing persons in order to develop and
31 improve techniques utilized by law enforcement agencies
32 when responding to reports of missing persons; and
33 (6) create a quality control program regarding
34 confirmation of missing person data, timeliness of
-27- LRB9008710RCpcB
1 entries of missing person reports into LEADS and
2 performance audits of all entering agencies.
3 25. On request of a school board or regional
4 superintendent of schools, to conduct an inquiry pursuant to
5 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
6 an applicant for employment in a school district has been
7 convicted of any criminal or drug offenses enumerated in
8 Section 10-21.9 or 34-18.5 of the School Code. The
9 Department shall furnish such conviction information to the
10 President of the school board of the school district which
11 has requested the information, or if the information was
12 requested by the regional superintendent to that regional
13 superintendent.
14 26. To promulgate rules and regulations necessary for
15 the administration and enforcement of its powers and duties,
16 wherever granted and imposed, pursuant to the Illinois
17 Administrative Procedure Act.
18 27. To (a) promulgate rules pertaining to the
19 certification, revocation of certification and training of
20 law enforcement officers as electronic criminal surveillance
21 officers, (b) provide training and technical assistance to
22 State's Attorneys and local law enforcement agencies
23 pertaining to the interception of private oral
24 communications, (c) promulgate rules necessary for the
25 administration of Article 108B of the Code of Criminal
26 Procedure of 1963, including but not limited to standards for
27 recording and minimization of electronic criminal
28 surveillance intercepts, documentation required to be
29 maintained during an intercept, procedures in relation to
30 evidence developed by an intercept, and (d) charge a
31 reasonable fee to each law enforcement agency that sends
32 officers to receive training as electronic criminal
33 surveillance officers.
34 28. Upon the request of any private organization which
-28- LRB9008710RCpcB
1 devotes a major portion of its time to the provision of
2 recreational, social, educational or child safety services to
3 children, to conduct, pursuant to positive identification,
4 criminal background investigations of all of that
5 organization's current employees, current volunteers,
6 prospective employees or prospective volunteers charged with
7 the care and custody of children during the provision of the
8 organization's services, and to report to the requesting
9 organization any record of convictions maintained in the
10 Department's files about such persons. The Department shall
11 charge an application fee, based on actual costs, for the
12 dissemination of conviction information pursuant to this
13 subsection. The Department is empowered to establish this
14 fee and shall prescribe the form and manner for requesting
15 and furnishing conviction information pursuant to this
16 subsection. Information received by the organization from the
17 Department concerning an individual shall be provided to such
18 individual. Any such information obtained by the
19 organization shall be confidential and may not be transmitted
20 outside the organization and may not be transmitted to anyone
21 within the organization except as needed for the purpose of
22 evaluating the individual. Only information and standards
23 which bear a reasonable and rational relation to the
24 performance of child care shall be used by the organization.
25 Any employee of the Department or any member, employee or
26 volunteer of the organization receiving confidential
27 information under this subsection who gives or causes to be
28 given any confidential information concerning any criminal
29 convictions of an individual shall be guilty of a Class A
30 misdemeanor unless release of such information is authorized
31 by this subsection.
32 29. Upon the request of the Department of Children and
33 Family Services, to investigate reports of child abuse or
34 neglect.
-29- LRB9008710RCpcB
1 30. To obtain registration of a fictitious vital record
2 pursuant to Section 15.1 of the Vital Records Act.
3 31. To collect and disseminate information relating to
4 "hate crimes" as defined under Section 12-7.1 of the Criminal
5 Code of 1961 contingent upon the availability of State or
6 Federal funds to revise and upgrade the Illinois Uniform
7 Crime Reporting System. All law enforcement agencies shall
8 report monthly to the Department of State Police concerning
9 such offenses in such form and in such manner as may be
10 prescribed by rules and regulations adopted by the Department
11 of State Police. Such information shall be compiled by the
12 Department and be disseminated upon request to any local law
13 enforcement agency, unit of local government, or state
14 agency. Dissemination of such information shall be subject
15 to all confidentiality requirements otherwise imposed by law.
16 The Department of State Police shall provide training for
17 State Police officers in identifying, responding to, and
18 reporting all hate crimes. The Illinois Local Governmental
19 Law Enforcement Officer's Training Board shall develop and
20 certify a course of such training to be made available to
21 local law enforcement officers.
22 32. Upon the request of a private carrier company that
23 provides transportation under Section 28b of the Metropolitan
24 Transit Authority Act, to ascertain if an applicant for a
25 driver position has been convicted of any criminal or drug
26 offense enumerated in Section 28b of the Metropolitan Transit
27 Authority Act. The Department shall furnish the conviction
28 information to the private carrier company that requested the
29 information.
30 33. To apply for grants or contracts, receive, expend,
31 allocate, or disburse funds and moneys made available by
32 public or private entities, including, but not limited to,
33 contracts, bequests, grants, or receiving equipment from
34 corporations, foundations, or public or private institutions
-30- LRB9008710RCpcB
1 of higher learning. All funds received by the Department
2 from these sources shall be deposited into the appropriate
3 fund in the State Treasury to be appropriated to the
4 Department for purposes as indicated by the grantor or
5 contractor or, in the case of funds or moneys bequeathed or
6 granted for no specific purpose, for any purpose as deemed
7 appropriate by the Director in administering the
8 responsibilities of the Department.
9 34. Upon the request of the Department of Children and
10 Family Services, the Department of State Police shall provide
11 properly designated employees of the Department of Children
12 and Family Services with criminal history record information
13 as defined in the Illinois Uniform Conviction Information Act
14 and information maintained in the adjudicatory and
15 dispositional record system as defined in subdivision (A)19
16 of this Section if the Department of Children and Family
17 Services determines the information is necessary to perform
18 its duties under the Abused and Neglected Child Reporting
19 Act, the Child Care Act of 1969, and the Children and Family
20 Services Act. The request shall be in the form and manner
21 specified by the Department of State Police.
22 35. The Illinois Department of Public Aid is an
23 authorized entity under this Section for the purpose of
24 obtaining access to various data repositories available
25 through LEADS, to facilitate the location of individuals for
26 establishing paternity, and establishing, modifying, and
27 enforcing child support obligations, pursuant to the Illinois
28 Public Aid Code and Title IV, Part D of the Social Security
29 Act. The Department shall enter into an agreement with the
30 Illinois Department of Public Aid consistent with these
31 purposes.
32 36. Upon request of the Department of Human Services, to
33 conduct an assessment and evaluation of sexually violent
34 persons as mandated by the Sexually Violent Persons
-31- LRB9008710RCpcB
1 Commitment Act, the Department shall furnish criminal history
2 information maintained on the requested person. The request
3 shall be in the form and manner specified by the Department.
4 (B) The Department of State Police may establish and
5 maintain, within the Department of State Police, a Statewide
6 Organized Criminal Gang Database (SWORD) for the purpose of
7 tracking organized criminal gangs and their memberships.
8 Information in the database may include, but not be limited
9 to, the name, last known address, birth date, physical
10 descriptions (such as scars, marks, or tattoos), officer
11 safety information, organized gang affiliation, and entering
12 agency identifier. The Department may develop, in
13 consultation with the Criminal Justice Information Authority,
14 and in a form and manner prescribed by the Department, an
15 automated data exchange system to compile, to maintain, and
16 to make this information electronically available to
17 prosecutors and to other law enforcement agencies. The
18 information may be used by authorized agencies to combat the
19 operations of organized criminal gangs statewide.
20 (C) The Department of State Police may ascertain the
21 number of bilingual police officers and other personnel
22 needed to provide services in a language other than English
23 and may establish, under applicable personnel rules and
24 Department guidelines or through a collective bargaining
25 agreement, a bilingual pay supplement program.
26 35. The Illinois Department of Public Aid is an
27 authorized entity under this Section for the purpose of
28 obtaining access to various data repositories available
29 through LEADS, to facilitate the location of individuals for
30 establishing paternity, and establishing, modifying, and
31 enforcing child support obligations, pursuant to the Public
32 Aid Code and Title IV, Section D of the Social Security Act.
33 The Department shall enter into an agreement with the
34 Illinois Department of Public Aid consistent with these
-32- LRB9008710RCpcB
1 purposes.
2 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
3 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
4 Section 11. The Criminal Code of 1961 is amended by
5 changing Section 31-6 as follows:
6 (720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
7 Sec. 31-6. Escape; failure to report to a penal
8 institution or to report for periodic imprisonment.
9 (a) A person convicted of a felony or charged with the
10 commission of a felony who intentionally escapes from any
11 penal institution or from the custody of an employee of that
12 institution commits a Class 2 felony; however, a person
13 convicted of a felony who knowingly fails to report to a
14 penal institution or to report for periodic imprisonment at
15 any time or knowingly fails to return from furlough or from
16 work and day release or who knowingly fails to abide by the
17 terms of home confinement is guilty of a Class 3 felony.
18 (b) A person convicted of a misdemeanor or charged with
19 the commission of a misdemeanor who intentionally escapes
20 from any penal institution or from the custody of an employee
21 of that institution commits a Class A misdemeanor; however, a
22 person convicted of a misdemeanor who knowingly fails to
23 report to a penal institution or to report for periodic
24 imprisonment at any time or knowingly fails to return from
25 furlough or from work and day release or who knowingly fails
26 to abide by the terms of home confinement is guilty of a
27 Class B misdemeanor.
28 (b-1) A person committed to the Department of Human
29 Services under the provisions of the Sexually Violent Persons
30 Commitment Act or in detention with the Department of Human
31 Services awaiting such a commitment who intentionally escapes
32 from any secure residential facility or from the custody of
-33- LRB9008710RCpcB
1 an employee of that facility commits a Class 2 felony.
2 (c) A person in the lawful custody of a peace officer
3 for the alleged commission of a felony offense and who
4 intentionally escapes from custody commits a Class 2 felony;
5 however, a person in the lawful custody of a peace officer
6 for the alleged commission of a misdemeanor offense who
7 intentionally escapes from custody commits a Class A
8 misdemeanor.
9 (c-5) A person in the lawful custody of a peace officer
10 for an alleged violation of a term or condition of probation,
11 conditional discharge, parole, or mandatory supervised
12 release for a felony who intentionally escapes from custody
13 is guilty of a Class 2 felony.
14 (c-6) A person in the lawful custody of a peace officer
15 for an alleged violation of a term or condition of
16 supervision, probation, or conditional discharge for a
17 misdemeanor who intentionally escapes from custody is guilty
18 of a Class A misdemeanor.
19 (d) A person who violates this Section while armed with
20 a dangerous weapon commits a Class 1 felony.
21 (Source: P.A. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97;
22 89-689, eff. 12-31-96; 90-14, eff. 7-1-97.)
23 Section 15. The Rights of Crime Victims and Witnesses
24 Act is amended by changing Section 4.5 as follows:
25 (725 ILCS 120/4.5)
26 Sec. 4.5. Procedures to implement the rights of crime
27 victims. To afford crime victims their rights, law
28 enforcement, prosecutors, judges and corrections will provide
29 information, as appropriate of the following procedures:
30 (a) At the request of the crime victim, law enforcement
31 authorities investigating the case shall provide notice of
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1 the status of the investigation, except where the State's
2 Attorney determines that disclosure of such information would
3 unreasonably interfere with the investigation, until such
4 time as the alleged assailant is apprehended or the
5 investigation is closed.
6 (b) The office of the State's Attorney:
7 (1) shall provide notice of the filing of
8 information, the return of an indictment by which a
9 prosecution for any violent crime is commenced, or the
10 filing of a petition to adjudicate a minor as a
11 delinquent for a violent crime;
12 (2) shall provide notice of the date, time, and
13 place of trial;
14 (3) or victim advocate personnel shall provide
15 information of social services and financial assistance
16 available for victims of crime, including information of
17 how to apply for these services and assistance;
18 (4) shall assist in having any stolen or other
19 personal property held by law enforcement authorities for
20 evidentiary or other purposes returned as expeditiously
21 as possible, pursuant to the procedures set out in
22 Section 115-9 of the Code of Criminal Procedure of 1963;
23 (5) or victim advocate personnel shall provide
24 appropriate employer intercession services to ensure that
25 employers of victims will cooperate with the criminal
26 justice system in order to minimize an employee's loss of
27 pay and other benefits resulting from court appearances;
28 (6) shall provide information whenever possible, of
29 a secure waiting area during court proceedings that does
30 not require victims to be in close proximity to defendant
31 or juveniles accused of a violent crime, and their
32 families and friends;
33 (7) shall provide notice to the crime victim of the
34 right to have a translator present at all court
-35- LRB9008710RCpcB
1 proceedings;
2 (8) in the case of the death of a person, which
3 death occurred in the same transaction or occurrence in
4 which acts occurred for which a defendant is charged with
5 an offense, shall notify the spouse, parent, child or
6 sibling of the decedent of the date of the trial of the
7 person or persons allegedly responsible for the death;
8 (9) shall inform the victim of the right to have
9 present at all court proceedings, subject to the rules of
10 evidence, an advocate or other support person of the
11 victim's choice, and the right to retain an attorney, at
12 the victim's own expense, who, upon written notice filed
13 with the clerk of the court and State's Attorney, is to
14 receive copies of all notices, motions and court orders
15 filed thereafter in the case, in the same manner as if
16 the victim were a named party in the case; and
17 (10) at the sentencing hearing shall make a good
18 faith attempt to explain the minimum amount of time
19 during which the defendant may actually be physically
20 imprisoned. The Office of the State's Attorney shall
21 further notify the crime victim of the right to request
22 from the Prisoner Review Board information concerning the
23 release of the defendant under subparagraph (d)(1) of
24 this Section; and
25 (11) shall request restitution at sentencing and
26 shall consider restitution in any plea negotiation, as
27 provided by law.
28 (c) At the written request of the crime victim, the
29 office of the State's Attorney shall:
30 (1) provide notice a reasonable time in advance of
31 the following court proceedings: preliminary hearing, any
32 hearing the effect of which may be the release of
33 defendant from custody, or to alter the conditions of
34 bond and the sentencing hearing. The crime victim shall
-36- LRB9008710RCpcB
1 also be notified of the cancellation of the court
2 proceeding in sufficient time, wherever possible, to
3 prevent an unnecessary appearance in court;
4 (2) provide notice within a reasonable time after
5 receipt of notice from the custodian, of the release of
6 the defendant on bail or personal recognizance or the
7 release from detention of a minor who has been detained
8 for a violent crime;
9 (3) explain in nontechnical language the details of
10 any plea or verdict of a defendant, or any adjudication
11 of a juvenile as a delinquent for a violent crime;
12 (4) where practical, consult with the crime victim
13 before the Office of the State's Attorney makes an offer
14 of a plea bargain to the defendant or enters into
15 negotiations with the defendant concerning a possible
16 plea agreement, and shall consider the written victim
17 impact statement, if prepared prior to entering into a
18 plea agreement;
19 (5) provide notice of the ultimate disposition of
20 the cases arising from an indictment or an information,
21 or a petition to have a juvenile adjudicated as a
22 delinquent for a violent crime;
23 (6) provide notice of any appeal taken by the
24 defendant and information on how to contact the
25 appropriate agency handling the appeal;
26 (7) provide notice of any request for
27 post-conviction review filed by the defendant under
28 Article 122 of the Code of Criminal Procedure of 1963,
29 and of the date, time and place of any hearing concerning
30 the petition. Whenever possible, notice of the hearing
31 shall be given in advance;
32 (8) forward a copy of any statement presented under
33 Section 6 to the Prisoner Review Board to be considered
34 by the Board in making its determination under subsection
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1 (b) of Section 3-3-8 of the Unified Code of Corrections.
2 (d) (1) The Prisoner Review Board shall inform a victim
3 or any other concerned citizen, upon written request, of
4 the prisoner's release on parole, mandatory supervised
5 release, electronic detention, work release or by the
6 custodian of the discharge of any individual who was
7 adjudicated a delinquent for a violent crime from State
8 custody and by the sheriff of the appropriate county of
9 any such person's final discharge from county custody.
10 The Prisoner Review Board, upon written request, shall
11 provide to a victim or any other concerned citizen a
12 recent photograph of any person convicted of a felony,
13 upon his or her release from custody. The Prisoner Review
14 Board, upon written request, shall inform a victim or any
15 other concerned citizen when feasible at least 7 days
16 prior to the prisoner's release on furlough of the times
17 and dates of such furlough. Upon written request by the
18 victim or any other concerned citizen, the State's
19 Attorney shall notify the person once of the times and
20 dates of release of a prisoner sentenced to periodic
21 imprisonment. Notification shall be based on the most
22 recent information as to victim's or other concerned
23 citizen's residence or other location available to the
24 notifying authority. For purposes of this paragraph (1)
25 of subsection (d), "concerned citizen" includes relatives
26 of the victim, friends of the victim, witnesses to the
27 crime, or any other person associated with the victim or
28 prisoner.
29 (2) When the defendant has been committed to the
30 Department of Human Services pursuant to Section 5-2-4 or
31 any other provision of the Unified Code of Corrections,
32 the victim may request to be notified by the releasing
33 authority of the defendant's discharge from State
34 custody.
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1 (3) In the event of an escape from State custody,
2 the Department of Corrections immediately shall notify
3 the Prisoner Review Board of the escape and the Prisoner
4 Review Board shall notify the victim. The notification
5 shall be based upon the most recent information as to the
6 victim's residence or other location available to the
7 Board. When no such information is available, the Board
8 shall make all reasonable efforts to obtain the
9 information and make the notification. When the escapee
10 is apprehended, the Department of Corrections immediately
11 shall notify the Prisoner Review Board and the Board
12 shall notify the victim.
13 (4) The victim of the crime for which the prisoner
14 has been sentenced shall receive reasonable written
15 notice not less than 15 days prior to the parole hearing
16 and may submit, in writing, on film, videotape or other
17 electronic means or in the form of a recording or in
18 person at the parole hearing, information for
19 consideration by the Prisoner Review Board. The victim
20 shall be notified within 7 days after the prisoner has
21 been granted parole and shall be informed of the right to
22 inspect the registry of parole decisions, established
23 under subsection (g) of Section 3-3-5 of the Unified Code
24 of Corrections. The provisions of this paragraph (4) are
25 subject to the Open Parole Hearings Act.
26 (5) If a statement is presented under Section 6,
27 the Prisoner Review Board shall inform the victim of any
28 order of discharge entered by the Board pursuant to
29 Section 3-3-8 of the Unified Code of Corrections.
30 (6) At the written request of the victim of the
31 crime for which the prisoner was sentenced, the Prisoner
32 Review Board shall notify the victim of the death of the
33 prisoner if the prisoner died while on parole or
34 mandatory supervised release.
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1 (7) When a defendant who has been committed to the
2 Department of Corrections or the Department of Human
3 Services is released or discharged and subsequently
4 committed to the Department of Human Services as a
5 sexually violent person and the victim had requested to
6 be notified by the releasing authority of the defendant's
7 discharge from State custody, the releasing authority
8 shall provide to the Department of Human Services such
9 information that would allow the Department of Human
10 Services to contact the victim.
11 (Source: P.A. 89-8, eff. 3-21-95; 89-235, eff. 8-4-95;
12 89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff.
13 7-1-97.)
14 Section 20. The Sexually Violent Persons Commitment Act
15 is amended by changing Sections 5, 10, 40, 50, 55, and 75 and
16 adding Section 90 as follows:
17 (725 ILCS 207/5)
18 Sec. 5. Definitions. As used in this Act, the term:
19 (a) "Department" means the Department of Human Services.
20 (b) "Mental disorder" means a congenital or acquired
21 condition affecting the emotional or volitional capacity that
22 predisposes a person to engage in acts of sexual violence.
23 (c) "Secretary" means the Secretary of Human Services.
24 (d) "Sexually motivated" means that one of the purposes
25 for an act is for the actor's sexual arousal or
26 gratification.
27 (e) "Sexually violent offense" means any of the
28 following:
29 (1) Any crime specified in Section 12-13, 12-14,
30 12-14.1, or 12-16 of the Criminal Code of 1961; or
31 (2) First degree murder, if it is determined by the
32 agency with jurisdiction to have been sexually motivated;
-40- LRB9008710RCpcB
1 or
2 (3) Any solicitation, conspiracy or attempt to
3 commit a crime under paragraph (e)(1) or (e)(2) of this
4 Section.
5 (f) "Sexually violent person" means a person who has
6 been convicted of a sexually violent offense, has been
7 adjudicated delinquent for a sexually violent offense, or has
8 been found not guilty of or not responsible for a sexually
9 violent offense by reason of insanity, mental disease or
10 mental defect, and who is dangerous because he or she suffers
11 from a mental disorder that makes it substantially probable
12 that the person will engage in acts of sexual violence.
13 (Source: P.A. 90-40, eff. 1-1-98.)
14 (725 ILCS 207/10)
15 Sec. 10. Notice to the Attorney General and State's
16 Attorney.
17 (a) In this Act, "agency with jurisdiction" means the
18 agency with the authority or duty to release or discharge the
19 person.
20 (b) If an agency with jurisdiction has control or
21 custody over a person who may meet the criteria for
22 commitment as a sexually violent person, the agency with
23 jurisdiction shall inform the Attorney General and the
24 State's Attorney in a position to file a petition under
25 paragraph (a)(2) of Section 15 of this Act regarding the
26 person as soon as possible beginning 3 months prior to the
27 applicable date of the following:
28 (1) The anticipated release from imprisonment or
29 the anticipated entry into mandatory supervised release
30 of a person who has been convicted of a sexually violent
31 offense.
32 (2) The anticipated release from a Department of
33 Corrections correctional facility or juvenile
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1 correctional facility of a person adjudicated delinquent
2 under Section 5-20 of the Juvenile Court Act of 1987 on
3 the basis of a sexually violent offense.
4 (3) The discharge or conditional release of a
5 person who has been found not guilty of a sexually
6 violent offense by reason of insanity, mental disease or
7 mental defect under Section 5-2-4 of the Unified Code of
8 Corrections.
9 (c) The agency with jurisdiction shall provide the
10 Attorney General and the State's Attorney with all of the
11 following:
12 (1) The person's name, identifying factors,
13 anticipated future residence and offense history;
14 (2) A comprehensive evaluation of the person's
15 mental condition, the basis upon which a determination
16 has been made that the person is subject to commitment
17 under subsection (b) of Section 15 of this Act and a
18 recommendation for action in furtherance of the purposes
19 of this Act; and
20 (3) If applicable, documentation of any treatment
21 and the person's adjustment to any institutional
22 placement.
23 (d) Any agency or officer, employee or agent of an
24 agency is immune from criminal or civil liability for any
25 acts or omissions as the result of a good faith effort to
26 comply with this Section.
27 (Source: P.A. 90-40, eff. 1-1-98.)
28 (725 ILCS 207/40)
29 Sec. 40. Commitment.
30 (a) If a court or jury determines that the person who is
31 the subject of a petition under Section 15 of this Act is a
32 sexually violent person, the court shall order the person to
33 be committed to the custody of the Department for control,
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1 care and treatment until such time as the person is no longer
2 a sexually violent person.
3 (b) (1) The court shall enter an initial commitment
4 order under this Section pursuant to a hearing held as
5 soon as practicable after the judgment is entered that
6 the person who is the subject of a petition under Section
7 15 is a sexually violent person. If the court lacks
8 sufficient information to make the determination required
9 by paragraph (b)(2) of this Section immediately after
10 trial, it may adjourn the hearing and order the
11 Department to conduct a predisposition investigation or a
12 supplementary mental examination, or both, to assist the
13 court in framing the commitment order. A supplementary
14 mental examination under this Section shall be conducted
15 in accordance with Section 3-804 of the Mental Health and
16 Developmental Disabilities Code.
17 (2) An order for commitment under this Section
18 shall specify either institutional care in a secure
19 facility, as provided under Section 50 of this Act, or
20 conditional release. In determining whether commitment
21 shall be for institutional care in a secure facility or
22 for conditional release, the court may consider the
23 nature and circumstances of the behavior that was the
24 basis of the allegation in the petition under paragraph
25 (b)(1) of Section 15, the person's mental history and
26 present mental condition, where the person will live, how
27 the person will support himself or herself, and what
28 arrangements are available to ensure that the person has
29 access to and will participate in necessary treatment.
30 The Department shall arrange for control, care and
31 treatment of the person in the least restrictive manner
32 consistent with the requirements of the person and in
33 accordance with the court's commitment order.
34 (3) If the court finds that the person is
-43- LRB9008710RCpcB
1 appropriate for conditional release, the court shall
2 notify the Department. The Department shall prepare a
3 plan that identifies the treatment and services, if any,
4 that the person will receive in the community. The plan
5 shall address the person's need, if any, for supervision,
6 counseling, medication, community support services,
7 residential services, vocational services, and alcohol or
8 other drug abuse treatment. The Department may contract
9 with a county health department, with another public
10 agency or with a private agency to provide the treatment
11 and services identified in the plan. The plan shall
12 specify who will be responsible for providing the
13 treatment and services identified in the plan. The plan
14 shall be presented to the court for its approval within
15 21 days after the court finding that the person is
16 appropriate for conditional release, unless the
17 Department and the person to be released request
18 additional time to develop the plan.
19 (4) An order for conditional release places the
20 person in the custody and control of the Department. A
21 person on conditional release is subject to the
22 conditions set by the court and to the rules of the
23 Department. Before a person is placed on conditional
24 release by the court under this Section, the court shall
25 so notify the municipal police department and county
26 sheriff for the municipality and county in which the
27 person will be residing. The notification requirement
28 under this Section does not apply if a municipal police
29 department or county sheriff submits to the court a
30 written statement waiving the right to be notified. If
31 the Department alleges that a released person has
32 violated any condition or rule, or that the safety of
33 others requires that conditional release be revoked, he
34 or she may be taken into custody under the rules of the
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1 Department. The Department shall submit a statement
2 showing probable cause of the detention and a petition to
3 revoke the order for conditional release to the
4 committing court within 48 hours after the detention.
5 The court shall hear the petition within 30 days, unless
6 the hearing or time deadline is waived by the detained
7 person. Pending the revocation hearing, the Department
8 may detain the person in a jail, in a hospital or
9 treatment facility. The State has the burden of proving
10 by clear and convincing evidence that any rule or
11 condition of release has been violated, or that the
12 safety of others requires that the conditional release be
13 revoked. If the court determines after hearing that any
14 rule or condition of release has been violated, or that
15 the safety of others requires that conditional release be
16 revoked, it may revoke the order for conditional release
17 and order that the released person be placed in an
18 appropriate institution until the person is discharged
19 from the commitment under Section 65 of this Act or until
20 again placed on conditional release under Section 60 of
21 this Act.
22 (Source: P.A. 90-40, eff. 1-1-98.)
23 (725 ILCS 207/50)
24 Sec. 50. Secure facility for sexually violent persons.
25 (a) The Department shall place a person committed to a
26 secure facility under paragraph (b)(2) of Section 40 of this
27 Act at a facility provided by the Department of Corrections
28 under subsection (b) of this Section.
29 (b) The Department may enter into an agreement with the
30 Department of Corrections for the provision of a secure
31 facility for persons committed under paragraph (b)(2) of
32 Section 40 of this Act to a facility. The Department shall
33 operate the facility provided by the Department of
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1 Corrections under this subsection and shall provide by rule
2 for the nature of the facility, the level of care to be
3 provided in the facility, and the custody and discipline of
4 persons placed in the facility. The facility operated under
5 this Section shall not be subject to the provisions of the
6 Mental Health and Developmental Disabilities Code.
7 (c) For the purposes of Section 3-6-4 of the Unified
8 Code of Corrections, a person held in detention in a secure
9 facility or committed as a sexually violent person and held
10 in a secure facility shall be considered a "committed
11 person", as that term is used in Section 3-6-4 of the Unified
12 Code of Corrections.
13 (Source: P.A. 90-40, eff. 1-1-98.)
14 (725 ILCS 207/55)
15 Sec. 55. Periodic reexamination; report.
16 (a) If a person has been committed under Section 40 of
17 this Act and has not been discharged under Section 65 of this
18 Act, the Department shall conduct an examination of his or
19 her mental condition within 6 months after an initial
20 commitment under Section 40 and again thereafter at least
21 once each 12 months for the purpose of determining whether
22 the person has made sufficient progress to be conditionally
23 released or discharged entitled to transfer to a less
24 restrictive facility, to conditional release or to discharge.
25 At the time of a reexamination under this Section, the person
26 who has been committed may retain or, if he or she is
27 indigent and so requests, the court may appoint a qualified
28 expert or a professional person to examine him or her.
29 (b) Any examiner conducting an examination under this
30 Section shall prepare a written report of the examination no
31 later than 30 days after the date of the examination. The
32 examiner shall place a copy of the report in the person's
33 health care records and shall provide a copy of the report to
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1 the court that committed the person under Section 40.
2 (c) Notwithstanding subsection (a) of this Section, the
3 court that committed a person under Section 40 may order a
4 reexamination of the person at any time during the period in
5 which the person is subject to the commitment order.
6 (Source: P.A. 90-40, eff. 1-1-98.)
7 (725 ILCS 207/75)
8 Sec. 75. Notice concerning conditional release or
9 discharge.
10 (a) As used in this Section, the term:
11 (1) "Act of sexual violence" means an act or
12 attempted act that is a basis for an allegation made in a
13 petition under paragraph (b)(1) of Section 15 of this
14 Act.
15 (2) "Member of the family" means spouse, child,
16 sibling, parent, or legal guardian.
17 (3) "Victim" means a person against whom an act of
18 sexual violence has been committed.
19 (b) If the court places a person on conditional release
20 under Section 40 of this Act or discharges a person under
21 Section 60 or 65, the Department shall notify all of the
22 following who have requested notification under this Act or
23 under the Rights of Crime Victims and Witnesses Act:
24 (1) Whichever of the following persons is
25 appropriate in accordance with the provisions of
26 subsection (a)(3):
27 (A) The victim of the act of sexual violence.
28 (B) An adult member of the victim's family, if
29 the victim died as a result of the act of sexual
30 violence.
31 (C) The victim's parent or legal guardian, if
32 the victim is younger than 18 years old.
33 (2) The Department of Corrections.
-47- LRB9008710RCpcB
1 (c) The notice under subsection (b) of this Section
2 shall inform the Department of Corrections and the person
3 notified under paragraph (b)(1) of this Section of the name
4 of the person committed under this Act and the date the
5 person is placed on conditional release or discharged. The
6 Department shall send the notice, postmarked at least 7 days
7 before the date the person committed under this Act is placed
8 on conditional release or discharged, to the Department of
9 Corrections and the last-known address of the person notified
10 under paragraph (b)(1) of this Section.
11 (d) The Department shall design and prepare cards for
12 persons specified in paragraph (b)(1) of this Section to send
13 to the Department. The cards shall have space for these
14 persons to provide their names and addresses, the name of the
15 person committed under this Act and any other information the
16 Department determines is necessary. The Department shall
17 provide the cards, without charge, to the Attorney General
18 and State's Attorneys. The Attorney General and State's
19 Attorneys shall provide the cards, without charge, to persons
20 specified in paragraph (b)(1) of this Section. These persons
21 may send completed cards to the Department. All records or
22 portions of records of the Department that relate to mailing
23 addresses of these persons are not subject to inspection or
24 copying under Section 3 of the Freedom of Information Act.
25 (Source: P.A. 90-40, eff. 1-1-98.)
26 (725 ILCS 207/90 new)
27 Sec. 90. Committed persons ability to pay for services.
28 The Department may investigate the financial condition of
29 each person committed under this Act, may make determinations
30 of the ability of each such person to pay sums representing
31 services charges, and for those purposes may set a standard
32 as a basis of judgment of ability to pay. The Department
33 shall by rule make provisions for unusual and exceptional
-48- LRB9008710RCpcB
1 circumstances in the application of that standard. The
2 Department may issue to any person liable under this Act a
3 statement of amount due as treatment charges requiring him or
4 her to pay monthly, quarterly, or otherwise as may be
5 arranged, an amount not exceeding that required under this
6 Act, plus fees to which the Department may be entitled under
7 this Act.
8 (a) Whenever an individual is covered, in part or in
9 whole, under any type of insurance arrangement, private or
10 public, for services provided by the Department, the proceeds
11 from the insurance shall be considered as part of the
12 individual's ability to pay notwithstanding that the
13 insurance contract was entered into by a person other than
14 the individual or that the premiums for the insurance were
15 paid for by a person other than the individual.
16 (b) Any person who has been issued a Notice of
17 Determination of sums due as services charges may petition
18 the Department for a review of that determination. The
19 petition must be in writing and filed with the Department
20 within 90 days from the date of the Notice of Determination.
21 The Department shall provide for a hearing to be held on the
22 charges for the period covered by the petition. The
23 Department may after the hearing, cancel, modify, or increase
24 the former determination to an amount not to exceed the
25 maximum provided for the person by this Act. The Department
26 at its expense shall take testimony and preserve a record of
27 all proceedings at the hearing upon any petition for a
28 release from or modification of the determination. The
29 petition and other documents in the nature of pleadings and
30 motions filed in the case, a transcript of testimony,
31 findings of the Department, and orders of the Secretary
32 constitute the record. The Secretary shall furnish a
33 transcript of the record to any person upon payment of 75¢
34 per page for each original transcript and 25¢ per page for
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1 each copy of the transcript. Any person aggrieved by the
2 decision of the Department upon a hearing may, within 30 days
3 thereafter, file a petition with the Department for review of
4 the decision by the Board of Reimbursement Appeals
5 established in the Mental Health and Developmental
6 Disabilities Code. The Board of Reimbursement Appeals may
7 approve action taken by the Department or may remand the case
8 to the Secretary with recommendation for redetermination of
9 charges.
10 (c) Upon receiving a petition for review under
11 subsection (b) of this Section, the Department shall
12 thereupon notify the Board of Reimbursement Appeals which
13 shall render its decision thereon within 30 days after the
14 petition is filed and certify such decision to the
15 Department. Concurrence of a majority of the Board is
16 necessary in any such decision. Upon request of the
17 Department, the State's Attorney of the county in which a
18 client who is liable under this Act for payment of sums
19 representing services charges resides, shall institute
20 appropriate legal action against any such client, or within
21 the time provided by law shall file a claim against the
22 estate of the client who fails or refuses to pay those
23 charges. The court shall order the payment of sums due for
24 services charges for such period or periods of time as the
25 circumstances require. The order may be entered against any
26 defendant and may be based upon the proportionate ability of
27 each defendant to contribute to the payment of sums
28 representing services charges including the actual charges
29 for services in facilities outside the Department where the
30 Department has paid those charges. Orders for the payment of
31 money may be enforced by attachment as for contempt against
32 the persons of the defendants and, in addition, as other
33 judgments for the payment of money, and costs may be adjudged
34 against the defendants and apportioned among them.
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1 (d) The money collected shall be deposited into the
2 Mental Health Fund.
3 Section 25. The Unified Code of Corrections is amended
4 by changing Section 3-6-4 as follows:
5 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
6 Sec. 3-6-4. Enforcement of Discipline - Escape.
7 (a) A committed person who escapes or attempts to escape
8 from an institution or facility of the Adult Division, or
9 escapes or attempts to escape while in the custody of an
10 employee of the Adult Division, or holds or participates in
11 the holding of any person as a hostage by force, threat or
12 violence, or while participating in any disturbance,
13 demonstration or riot, causes, directs or participates in the
14 destruction of any property is guilty of a Class 2 felony. A
15 committed person who fails to return from furlough or from
16 work and day release is guilty of a Class 3 felony.
17 (b) If one or more committed persons injures or attempts
18 to injure in a violent manner any employee, officer, guard,
19 other peace officer or any other committed person or damages
20 or attempts to damage any building or workshop, or any
21 appurtenances thereof, or attempts to escape, or disobeys or
22 resists any lawful command, the employees, officers, guards
23 and other peace officers shall use all suitable means to
24 defend themselves, to enforce the observance of discipline,
25 to secure the persons of the offenders, and prevent such
26 attempted violence or escape; and said employees, officers,
27 guards, or other peace officers, or any of them, shall, in
28 the attempt to prevent the escape of any such person, or in
29 attempting to retake any such person who has escaped, or in
30 attempting to prevent or suppress violence by a committed
31 person against another person, a riot, revolt, mutiny or
32 insurrection, be justified in the use of force, including
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1 force likely to cause death or great bodily harm under
2 Section 7-8 of the Criminal Code of 1961 which he reasonably
3 believed necessary.
4 As used in this Section, "committed person" includes a
5 person held in detention in a secure facility or committed as
6 a sexually violent person and held in a secure facility under
7 the Sexually Violent Persons Commitment Act; and "peace
8 officer" means any officer or member of any duly organized
9 State, county or municipal police unit or police force.
10 (c) The Department shall establish procedures to provide
11 immediate notification of the escape of any person, as
12 defined in subsection (a) of this Section, to the persons
13 specified in subsection (c) of Section 3-14-1 of this Code.
14 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.
-52- LRB9008710RCpcB
1 INDEX
2 Statutes amended in order of appearance
-53- LRB9008710RCpcB
1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 5 ILCS 350/1 from Ch. 127, par. 1301
5 20 ILCS 2605/55a from Ch. 127, par. 55a
6 720 ILCS 5/31-6 from Ch. 38, par. 31-6
7 725 ILCS 120/4.5
8 725 ILCS 207/5
9 725 ILCS 207/10
10 725 ILCS 207/40
11 725 ILCS 207/50
12 725 ILCS 207/55
13 725 ILCS 207/75
14 725 ILCS 207/90 new
15 730 ILCS 5/3-6-4 from Ch. 38, par. 1003-6-4