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91_HB0992eng HB0992 Engrossed LRB9103459KSgc 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 3-2-2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Section 3-2-2 as follows: 7 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) 8 Sec. 3-2-2. Powers and Duties of the Department. 9 (1) In addition to the powers, duties and 10 responsibilities which are otherwise provided by law, the 11 Department shall have the following powers: 12 (a) To accept persons committed to it by the courts 13 of this State for care, custody, treatment and 14 rehabilitation. 15 (b) To develop and maintain reception and 16 evaluation units for purposes of analyzing the custody 17 and rehabilitation needs of persons committed to it and 18 to assign such persons to institutions and programs under 19 its control or transfer them to other appropriate 20 agencies. In consultation with the Department of 21 Alcoholism and Substance Abuse (now the Department of 22 Human Services), the Department of Corrections shall 23 develop a master plan for the screening and evaluation of 24 persons committed to its custody who have alcohol or drug 25 abuse problems, and for making appropriate treatment 26 available to such persons; the Department shall report to 27 the General Assembly on such plan not later than April 1, 28 1987. The maintenance and implementation of such plan 29 shall be contingent upon the availability of funds. 30 (b-5) To develop, in consultation with the 31 Department of State Police, a program for tracking and HB0992 Engrossed -2- LRB9103459KSgc 1 evaluating each inmate from commitment through release 2 for recording his or her gang affiliations, activities, 3 or ranks. 4 (c) To maintain and administer all State 5 correctional institutions and facilities under its 6 control and to establish new ones as needed. Pursuant to 7 its power to establish new institutions and facilities, 8 the Department may, with the written approval of the 9 Governor, authorize the Department of Central Management 10 Services to enter into an agreement of the type described 11 in subsection (d) of Section 405-300 of the Department of 12 Central Management Services Law (20 ILCS 405/405-300). 13 The Department shall designate those institutions which 14 shall constitute the State Penitentiary System. 15 Pursuant to its power to establish new institutions 16 and facilities, the Department may authorize the 17 Department of Central Management Services to accept bids 18 from counties and municipalities for the construction, 19 remodeling or conversion of a structure to be leased to 20 the Department of Corrections for the purposes of its 21 serving as a correctional institution or facility. Such 22 construction, remodeling or conversion may be financed 23 with revenue bonds issued pursuant to the Industrial 24 Building Revenue Bond Act by the municipality or county. 25 The lease specified in a bid shall be for a term of not 26 less than the time needed to retire any revenue bonds 27 used to finance the project, but not to exceed 40 years. 28 The lease may grant to the State the option to purchase 29 the structure outright. 30 Upon receipt of the bids, the Department may certify 31 one or more of the bids and shall submit any such bids to 32 the General Assembly for approval. Upon approval of a 33 bid by a constitutional majority of both houses of the 34 General Assembly, pursuant to joint resolution, the HB0992 Engrossed -3- LRB9103459KSgc 1 Department of Central Management Services may enter into 2 an agreement with the county or municipality pursuant to 3 such bid. 4 (c-5) To build and maintain regional juvenile 5 detention centers and to charge a per diem to the 6 counties as established by the Department to defray the 7 costs of housing each minor in a center. In this 8 subsection (c-5), "juvenile detention center" means a 9 facility to house minors during pendency of trial who 10 have been transferred from proceedings under the Juvenile 11 Court Act of 1987 to prosecutions under the criminal laws 12 of this State in accordance with Section 5-805 of the 13 Juvenile Court Act of 1987, whether the transfer was by 14 operation of law or permissive under that Section. The 15 Department shall designate the counties to be served by 16 each regional juvenile detention center. 17 (d) To develop and maintain programs of control, 18 rehabilitation and employment of committed persons within 19 its institutions. 20 (e) To establish a system of supervision and 21 guidance of committed persons in the community. 22 (f) To establish in cooperation with the Department 23 of Transportation to supply a sufficient number of 24 prisoners for use by the Department of Transportation to 25 clean up the trash and garbage along State, county, 26 township, or municipal highways as designated by the 27 Department of Transportation. The Department of 28 Corrections, at the request of the Department of 29 Transportation, shall furnish such prisoners at least 30 annually for a period to be agreed upon between the 31 Director of Corrections and the Director of 32 Transportation. The prisoners used on this program shall 33 be selected by the Director of Corrections on whatever 34 basis he deems proper in consideration of their term, HB0992 Engrossed -4- LRB9103459KSgc 1 behavior and earned eligibility to participate in such 2 program - where they will be outside of the prison 3 facility but still in the custody of the Department of 4 Corrections. Prisoners convicted of first degree murder, 5 or a Class X felony, or armed violence, or aggravated 6 kidnapping, or criminal sexual assault, aggravated 7 criminal sexual abuse or a subsequent conviction for 8 criminal sexual abuse, or forcible detention, or arson, 9 or a prisoner adjudged a Habitual Criminal shall not be 10 eligible for selection to participate in such program. 11 The prisoners shall remain as prisoners in the custody of 12 the Department of Corrections and such Department shall 13 furnish whatever security is necessary. The Department of 14 Transportation shall furnish trucks and equipment for the 15 highway cleanup program and personnel to supervise and 16 direct the program. Neither the Department of Corrections 17 nor the Department of Transportation shall replace any 18 regular employee with a prisoner. 19 (g) To maintain records of persons committed to it 20 and to establish programs of research, statistics and 21 planning. 22 (h) To investigate the grievances of any person 23 committed to the Department, to inquire into any alleged 24 misconduct by employees or committed persons, and to 25 investigate the assets of committed persons to implement 26 Section 3-7-6 of this Code; and for these purposes it may 27 issue subpoenas and compel the attendance of witnesses 28 and the production of writings and papers, and may 29 examine under oath any witnesses who may appear before 30 it; to also investigate alleged violations of a parolee's 31 or releasee's conditions of parole or release; and for 32 this purpose it may issue subpoenas and compel the 33 attendance of witnesses and the production of documents 34 only if there is reason to believe that such procedures HB0992 Engrossed -5- LRB9103459KSgc 1 would provide evidence that such violations have 2 occurred. 3 If any person fails to obey a subpoena issued under 4 this subsection, the Director may apply to any circuit 5 court to secure compliance with the subpoena. The 6 failure to comply with the order of the court issued in 7 response thereto shall be punishable as contempt of 8 court. 9 (i) To appoint and remove the chief administrative 10 officers, and administer programs of training and 11 development of personnel of the Department. Personnel 12 assigned by the Department to be responsible for the 13 custody and control of committed persons or to 14 investigate the alleged misconduct of committed persons 15 or employees or alleged violations of a parolee's or 16 releasee's conditions of parole shall be conservators of 17 the peace for those purposes, and shall have the full 18 power of peace officers outside of the facilities of the 19 Department in the protection, arrest, retaking and 20 reconfining of committed persons or where the exercise of 21 such power is necessary to the investigation of such 22 misconduct or violations. 23 (j) To cooperate with other departments and 24 agencies and with local communities for the development 25 of standards and programs for better correctional 26 services in this State. 27 (k) To administer all moneys and properties of the 28 Department. 29 (l) To report annually to the Governor on the 30 committed persons, institutions and programs of the 31 Department. 32 (l-5) In a confidential annual report to the 33 Governor, the Department shall identify all inmate gangs 34 by specifying each current gang's name, population and HB0992 Engrossed -6- LRB9103459KSgc 1 allied gangs. The Department shall further specify the 2 number of top leaders identified by the Department for 3 each gang during the past year, and the measures taken by 4 the Department to segregate each leader from his or her 5 gang and allied gangs. The Department shall further 6 report the current status of leaders identified and 7 segregated in previous years. All leaders described in 8 the report shall be identified by inmate number or other 9 designation to enable tracking, auditing, and 10 verification without revealing the names of the leaders. 11 Because this report contains law enforcement intelligence 12 information collected by the Department, the report is 13 confidential and not subject to public disclosure. 14 (m) To make all rules and regulations and exercise 15 all powers and duties vested by law in the Department. 16 (n) To establish rules and regulations for 17 administering a system of good conduct credits, 18 established in accordance with Section 3-6-3, subject to 19 review by the Prisoner Review Board. 20 (o) To administer the distribution of funds from 21 the State Treasury to reimburse counties where State 22 penal institutions are located for the payment of 23 assistant state's attorneys' salaries under Section 24 4-2001 of the Counties Code. 25 (p) To exchange information with the Department of 26 Human Services and the Illinois Department of Public Aid 27 for the purpose of verifying living arrangements and for 28 other purposes directly connected with the administration 29 of this Code and the Illinois Public Aid Code. 30 (q) To establish a diversion program. 31 The program shall provide a structured environment 32 for selected technical parole or mandatory supervised 33 release violators and committed persons who have violated 34 the rules governing their conduct while in work release. HB0992 Engrossed -7- LRB9103459KSgc 1 This program shall not apply to those persons who have 2 committed a new offense while serving on parole or 3 mandatory supervised release or while committed to work 4 release. 5 Elements of the program shall include, but shall not 6 be limited to, the following: 7 (1) The staff of a diversion facility shall 8 provide supervision in accordance with required 9 objectives set by the facility. 10 (2) Participants shall be required to maintain 11 employment. 12 (3) Each participant shall pay for room and 13 board at the facility on a sliding-scale basis 14 according to the participant's income. 15 (4) Each participant shall: 16 (A) provide restitution to victims in 17 accordance with any court order; 18 (B) provide financial support to his 19 dependents; and 20 (C) make appropriate payments toward any 21 other court-ordered obligations. 22 (5) Each participant shall complete community 23 service in addition to employment. 24 (6) Participants shall take part in such 25 counseling, educational and other programs as the 26 Department may deem appropriate. 27 (7) Participants shall submit to drug and 28 alcohol screening. 29 (8) The Department shall promulgate rules 30 governing the administration of the program. 31 (r) To enter into intergovernmental cooperation 32 agreements under which persons in the custody of the 33 Department may participate in a county impact 34 incarceration program established under Section 3-6038 or HB0992 Engrossed -8- LRB9103459KSgc 1 3-15003.5 of the Counties Code. 2 (r-5) To enter into intergovernmental cooperation 3 agreements under which minors adjudicated delinquent and 4 committed to the Department of Corrections, Juvenile 5 Division, may participate in a county juvenile impact 6 incarceration program established under Section 3-6039 of 7 the Counties Code. 8 (r-10) To systematically and routinely identify 9 with respect to each streetgang active within the 10 correctional system: (1) each active gang; (2) every 11 existing inter-gang affiliation or alliance; and (3) the 12 current leaders in each gang. The Department shall 13 promptly segregate leaders from inmates who belong to 14 their gangs and allied gangs. "Segregate" means no 15 physical contact and, to the extent possible under the 16 conditions and space available at the correctional 17 facility, prohibition of visual and sound communication. 18 For the purposes of this paragraph (r-10), "leaders" 19 means persons who: 20 (i) are members of a criminal streetgang; 21 (ii) with respect to other individuals within 22 the streetgang, occupy a position of organizer, 23 supervisor, or other position of management or 24 leadership; and 25 (iii) are actively and personally engaged in 26 directing, ordering, authorizing, or requesting 27 commission of criminal acts by others, which are 28 punishable as a felony, in furtherance of streetgang 29 related activity both within and outside of the 30 Department of Corrections. 31 "Streetgang", "gang", and "streetgang related" have the 32 meanings ascribed to them in Section 10 of the Illinois 33 Streetgang Terrorism Omnibus Prevention Act. 34 (s) To operate a super-maximum security HB0992 Engrossed -9- LRB9103459KSgc 1 institution, in order to manage and supervise inmates who 2 are disruptive or dangerous and provide for the safety 3 and security of the staff and the other inmates. 4 (t) To monitor any unprivileged conversation or any 5 unprivileged communication, whether in person or by 6 mail, telephone, or other means, between an inmate who, 7 before commitment to the Department, was a member of an 8 organized gang and any other person without the need to 9 show cause or satisfy any other requirement of law before 10 beginning the monitoring, except as constitutionally 11 required. The monitoring may be by video, voice, or other 12 method of recording or by any other means. As used in 13 this subdivision (1)(t), "organized gang" has the meaning 14 ascribed to it in Section 10 of the Illinois Streetgang 15 Terrorism Omnibus Prevention Act. 16 As used in this subdivision (1)(t), "unprivileged 17 conversation" or "unprivileged communication" means a 18 conversation or communication that is not protected by 19 any privilege recognized by law or by decision, rule, or 20 order of the Illinois Supreme Court. 21 (u) To establish a Women's and Children's 22 Pre-release Community Supervision Program for the purpose 23 of providing housing and services to eligible female 24 inmates, as determined by the Department, and their 25 newborn and young children. 26 (u-5) To provide information about voter 27 registration to persons who have been committed to 28 correctional institutions and facilities of the 29 Department upon their release from those institutions and 30 facilities. 31 (v) To do all other acts necessary to carry out the 32 provisions of this Chapter. 33 (2) The Department of Corrections shall by January 1, 34 1998, consider building and operating a correctional facility HB0992 Engrossed -10- LRB9103459KSgc 1 within 100 miles of a county of over 2,000,000 inhabitants, 2 especially a facility designed to house juvenile participants 3 in the impact incarceration program. 4 (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-99; 5 90-658, eff. 1-1-99; 91-239, eff. 1-1-00; 91-357, eff. 6 7-29-99.)