State of Illinois
92nd General Assembly
Legislation

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92_HB4837eng

 
HB4837 Engrossed                               LRB9213379LDtm

 1        AN ACT concerning corrections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The Unified Code of Corrections is amended
 5    by changing Section 3-2-5 as follows:

 6        (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
 7        Sec. 3-2-5. Organization of the Department.
 8        (a)  There  shall  be  an  Adult  Division   within   the
 9    Department  that  which shall be administered by an Assistant
10    Director  appointed  by  the   Governor   under   The   Civil
11    Administrative Code of Illinois. The Assistant Director shall
12    be  under  the  direction of the Director. The Adult Division
13    shall be responsible for all persons committed or transferred
14    to the Department under Sections  3-10-7  or  5-8-6  of  this
15    Code.
16        (b)  There  shall  be  a  Juvenile  Division  within  the
17    Department  which  shall  be  administered  by  an  Assistant
18    Director   appointed   by   the   Governor  under  The  Civil
19    Administrative Code of Illinois. The Assistant Director shall
20    be under the direction of the Director. The Juvenile Division
21    shall  be  responsible  for  all  persons  committed  to  the
22    Juvenile Division of the Department under  Section  5-8-6  of
23    this  Code  or  Section  5-10  of  the  Juvenile Court Act or
24    Section 5-750 of the Juvenile Court Act of 1987.
25        (c)  The Department shall create a gang intelligence unit
26    under the supervision of the Director.   The  unit  shall  be
27    specifically  designed  to  gather  information regarding the
28    inmate gang population, monitor the activities of gangs,  and
29    prevent  the  furtherance  of  gang  activities  through  the
30    development and implementation of policies aimed at deterring
31    gang  activity.  The  Director  shall  appoint  a Corrections
 
HB4837 Engrossed            -2-                LRB9213379LDtm
 1    Intelligence Coordinator.
 2        All information collected  and  maintained  by  the  unit
 3    shall  be highly confidential, and access to that information
 4    shall be restricted by the Department.  The information shall
 5    be used to control and limit the activities of  gangs  within
 6    correctional  institutions  under  the  jurisdiction  of  the
 7    Illinois  Department  of  Corrections  and may be shared with
 8    other  law  enforcement  agencies  in  order  to  curb   gang
 9    activities  outside  of  correctional  institutions under the
10    jurisdiction  of  the  Department  and  to  assist   in   the
11    investigations   and  prosecutions  of  gang  activity.   The
12    Department shall establish and promulgate rules governing the
13    release of information to outside law  enforcement  agencies.
14    Due  to  the  highly sensitive nature of the information, the
15    information is exempt from requests for disclosure under  the
16    Freedom  of  Information  Act as the information contained is
17    highly confidential and may be harmful if disclosed.
18        The Department shall  file  an  annual  report  with  the
19    General  Assembly  on  the  profile  of the inmate population
20    associated   with   gangs,   gang-related   activity   within
21    correctional  institutions  under  the  jurisdiction  of  the
22    Department, and an overall status of the unit as  it  relates
23    to its function and performance.
24    (Source: P.A. 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.)

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