Public Act 096-1265
Public Act 1265 96TH GENERAL ASSEMBLY
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Public Act 096-1265
| | HB5006 Enrolled | LRB096 15767 RLC 31007 b |
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| AN ACT concerning corrections.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Section 3-2-2 as follows:
| (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| Sec. 3-2-2. Powers and Duties of the Department.
| (1) In addition to the powers, duties and responsibilities | which are
otherwise provided by law, the Department shall have | the following powers:
| (a) To accept persons committed to it by the courts of | this State for
care, custody, treatment and | rehabilitation, and to accept federal prisoners and aliens | over whom the Office of the Federal Detention Trustee is | authorized to exercise the federal detention function for | limited purposes and periods of time.
| (b) To develop and maintain reception and evaluation | units for purposes
of analyzing the custody and | rehabilitation needs of persons committed to
it and to | assign such persons to institutions and programs under its | control
or transfer them to other appropriate agencies. In | consultation with the
Department of Alcoholism and | Substance Abuse (now the Department of Human
Services), the |
| Department of Corrections
shall develop a master plan for | the screening and evaluation of persons
committed to its | custody who have alcohol or drug abuse problems, and for
| making appropriate treatment available to such persons; | the Department
shall report to the General Assembly on such | plan not later than April 1,
1987. The maintenance and | implementation of such plan shall be contingent
upon the | availability of funds.
| (b-1) To create and implement, on January 1, 2002, a | pilot
program to
establish the effectiveness of | pupillometer technology (the measurement of the
pupil's
| reaction to light) as an alternative to a urine test for | purposes of screening
and evaluating
persons committed to | its custody who have alcohol or drug problems. The
pilot | program shall require the pupillometer technology to be | used in at
least one Department of
Corrections facility. | The Director may expand the pilot program to include an
| additional facility or
facilities as he or she deems | appropriate.
A minimum of 4,000 tests shall be included in | the pilot program.
The
Department must report to the
| General Assembly on the
effectiveness of the program by | January 1, 2003.
| (b-5) To develop, in consultation with the Department | of State Police, a
program for tracking and evaluating each | inmate from commitment through release
for recording his or | her gang affiliations, activities, or ranks.
|
| (c) To maintain and administer all State correctional | institutions and
facilities under its control and to | establish new ones as needed. Pursuant
to its power to | establish new institutions and facilities, the Department
| may, with the written approval of the Governor, authorize | the Department of
Central Management Services to enter into | an agreement of the type
described in subsection (d) of | Section 405-300 of the
Department
of Central Management | Services Law (20 ILCS 405/405-300). The Department shall
| designate those institutions which
shall constitute the | State Penitentiary System.
| Pursuant to its power to establish new institutions and | facilities, the
Department may authorize the Department of | Central Management Services to
accept bids from counties | and municipalities for the construction,
remodeling or | conversion of a structure to be leased to the Department of
| Corrections for the purposes of its serving as a | correctional institution
or facility. Such construction, | remodeling or conversion may be financed
with revenue bonds | issued pursuant to the Industrial Building Revenue Bond
Act | by the municipality or county. The lease specified in a bid | shall be
for a term of not less than the time needed to | retire any revenue bonds
used to finance the project, but | not to exceed 40 years. The lease may
grant to the State | the option to purchase the structure outright.
| Upon receipt of the bids, the Department may certify |
| one or more of the
bids and shall submit any such bids to | the General Assembly for approval.
Upon approval of a bid | by a constitutional majority of both houses of the
General | Assembly, pursuant to joint resolution, the Department of | Central
Management Services may enter into an agreement | with the county or
municipality pursuant to such bid.
| (c-5) To build and maintain regional juvenile | detention centers and to
charge a per diem to the counties | as established by the Department to defray
the costs of | housing each minor in a center. In this subsection (c-5),
| "juvenile
detention center" means a facility to house | minors during pendency of trial who
have been transferred | from proceedings under the Juvenile Court Act of 1987 to
| prosecutions under the criminal laws of this State in | accordance with Section
5-805 of the Juvenile Court Act of | 1987, whether the transfer was by operation
of
law or | permissive under that Section. The Department shall | designate the
counties to be served by each regional | juvenile detention center.
| (d) To develop and maintain programs of control, | rehabilitation and
employment of committed persons within | its institutions.
| (d-5) To provide a pre-release job preparation program | for inmates at Illinois adult correctional centers.
| (e) To establish a system of supervision and guidance | of committed persons
in the community.
|
| (f) To establish in cooperation with the Department of | Transportation
to supply a sufficient number of prisoners | for use by the Department of
Transportation to clean up the | trash and garbage along State, county,
township, or | municipal highways as designated by the Department of
| Transportation. The Department of Corrections, at the | request of the
Department of Transportation, shall furnish | such prisoners at least
annually for a period to be agreed | upon between the Director of
Corrections and the Director | of Transportation. The prisoners used on this
program shall | be selected by the Director of Corrections on whatever | basis
he deems proper in consideration of their term, | behavior and earned eligibility
to participate in such | program - where they will be outside of the prison
facility | but still in the custody of the Department of Corrections. | Prisoners
convicted of first degree murder, or a Class X | felony, or armed violence, or
aggravated kidnapping, or | criminal sexual assault, aggravated criminal sexual
abuse | or a subsequent conviction for criminal sexual abuse, or | forcible
detention, or arson, or a prisoner adjudged a | Habitual Criminal shall not be
eligible for selection to | participate in such program. The prisoners shall
remain as | prisoners in the custody of the Department of Corrections | and such
Department shall furnish whatever security is | necessary. The Department of
Transportation shall furnish | trucks and equipment for the highway cleanup
program and |
| personnel to supervise and direct the program. Neither the
| Department of Corrections nor the Department of | Transportation shall replace
any regular employee with a | prisoner.
| (g) To maintain records of persons committed to it and | to establish
programs of research, statistics and | planning.
| (h) To investigate the grievances of any person | committed to the
Department, to inquire into any alleged | misconduct by employees
or committed persons, and to | investigate the assets
of committed persons to implement | Section 3-7-6 of this Code; and for
these purposes it may | issue subpoenas and compel the attendance of witnesses
and | the production of writings and papers, and may examine | under oath any
witnesses who may appear before it; to also | investigate alleged violations
of a parolee's or | releasee's conditions of parole or release; and for this
| purpose it may issue subpoenas and compel the attendance of | witnesses and
the production of documents only if there is | reason to believe that such
procedures would provide | evidence that such violations have occurred.
| If any person fails to obey a subpoena issued under | this subsection,
the Director may apply to any circuit | court to secure compliance with the
subpoena. The failure | to comply with the order of the court issued in
response | thereto shall be punishable as contempt of court.
|
| (i) To appoint and remove the chief administrative | officers, and
administer
programs of training and | development of personnel of the Department. Personnel
| assigned by the Department to be responsible for the
| custody and control of committed persons or to investigate | the alleged
misconduct of committed persons or employees or | alleged violations of a
parolee's or releasee's conditions | of parole shall be conservators of the peace
for those | purposes, and shall have the full power of peace officers | outside
of the facilities of the Department in the | protection, arrest, retaking
and reconfining of committed | persons or where the exercise of such power
is necessary to | the investigation of such misconduct or violations.
| (j) To cooperate with other departments and agencies | and with local
communities for the development of standards | and programs for better
correctional services in this | State.
| (k) To administer all moneys and properties of the | Department.
| (l) To report annually to the Governor on the committed
| persons, institutions and programs of the Department.
| (l-5) In a confidential annual report to the Governor, | the Department
shall
identify all inmate gangs by | specifying each current gang's name, population
and allied | gangs. The Department shall further specify the number of | top
leaders identified by the Department for each gang |
| during the past year, and
the measures taken by the | Department to segregate each leader from his or her
gang | and allied gangs. The Department shall further report the | current status
of leaders identified and segregated in | previous years. All leaders described
in the report shall | be identified by inmate number or other designation to
| enable tracking, auditing, and verification without | revealing the names of the
leaders. Because this report | contains law enforcement intelligence information
| collected by the Department, the report is confidential and | not subject to
public disclosure.
| (m) To make all rules and regulations and exercise all | powers and duties
vested by law in the Department.
| (n) To establish rules and regulations for | administering a system of
good conduct credits, | established in accordance with Section 3-6-3, subject
to | review by the Prisoner Review Board.
| (o) To administer the distribution of funds
from the | State Treasury to reimburse counties where State penal
| institutions are located for the payment of assistant | state's attorneys'
salaries under Section 4-2001 of the | Counties Code.
| (p) To exchange information with the Department of | Human Services and the
Department of Healthcare and Family | Services
for the purpose of verifying living arrangements | and for other purposes
directly connected with the |
| administration of this Code and the Illinois
Public Aid | Code.
| (q) To establish a diversion program.
| The program shall provide a structured environment for | selected
technical parole or mandatory supervised release | violators and committed
persons who have violated the rules | governing their conduct while in work
release. This program | shall not apply to those persons who have committed
a new | offense while serving on parole or mandatory supervised | release or
while committed to work release.
| Elements of the program shall include, but shall not be | limited to, the
following:
| (1) The staff of a diversion facility shall provide | supervision in
accordance with required objectives set | by the facility.
| (2) Participants shall be required to maintain | employment.
| (3) Each participant shall pay for room and board | at the facility on a
sliding-scale basis according to | the participant's income.
| (4) Each participant shall:
| (A) provide restitution to victims in | accordance with any court order;
| (B) provide financial support to his | dependents; and
| (C) make appropriate payments toward any other |
| court-ordered
obligations.
| (5) Each participant shall complete community | service in addition to
employment.
| (6) Participants shall take part in such | counseling, educational and
other programs as the | Department may deem appropriate.
| (7) Participants shall submit to drug and alcohol | screening.
| (8) The Department shall promulgate rules | governing the administration
of the program.
| (r) To enter into intergovernmental cooperation | agreements under which
persons in the custody of the | Department may participate in a county impact
| incarceration program established under Section 3-6038 or | 3-15003.5 of the
Counties Code.
| (r-5) (Blank).
| (r-10) To systematically and routinely identify with | respect to each
streetgang active within the correctional | system: (1) each active gang; (2)
every existing inter-gang | affiliation or alliance; and (3) the current leaders
in | each gang. The Department shall promptly segregate leaders | from inmates who
belong to their gangs and allied gangs. | "Segregate" means no physical contact
and, to the extent | possible under the conditions and space available at the
| correctional facility, prohibition of visual and sound | communication. For the
purposes of this paragraph (r-10), |
| "leaders" means persons who:
| (i) are members of a criminal streetgang;
| (ii) with respect to other individuals within the | streetgang, occupy a
position of organizer, | supervisor, or other position of management or
| leadership; and
| (iii) are actively and personally engaged in | directing, ordering,
authorizing, or requesting | commission of criminal acts by others, which are
| punishable as a felony, in furtherance of streetgang | related activity both
within and outside of the | Department of Corrections.
| "Streetgang", "gang", and "streetgang related" have the | meanings ascribed to
them in Section 10 of the Illinois | Streetgang Terrorism Omnibus Prevention
Act.
| (s) To operate a super-maximum security institution, | in order to
manage and
supervise inmates who are disruptive | or dangerous and provide for the safety
and security of the | staff and the other inmates.
| (t) To monitor any unprivileged conversation or any | unprivileged
communication, whether in person or by mail, | telephone, or other means,
between an inmate who, before | commitment to the Department, was a member of an
organized | gang and any other person without the need to show cause or | satisfy
any other requirement of law before beginning the | monitoring, except as
constitutionally required. The |
| monitoring may be by video, voice, or other
method of | recording or by any other means. As used in this | subdivision (1)(t),
"organized gang" has the meaning | ascribed to it in Section 10 of the Illinois
Streetgang | Terrorism Omnibus Prevention Act.
| As used in this subdivision (1)(t), "unprivileged | conversation" or
"unprivileged communication" means a | conversation or communication that is not
protected by any | privilege recognized by law or by decision, rule, or order | of
the Illinois Supreme Court.
| (u) To establish a Women's and Children's Pre-release | Community
Supervision
Program for the purpose of providing | housing and services to eligible female
inmates, as | determined by the Department, and their newborn and young
| children.
| (u-5) To issue an order, whenever a person committed to | the Department absconds or absents himself or herself, | without authority to do so, from any facility or program to | which he or she is assigned. The order shall be certified | by the Director, the Supervisor of the Apprehension Unit, | or any person duly designated by the Director, with the | seal of the Department affixed. The order shall be directed | to all sheriffs, coroners, and police officers, or to any | particular person named in the order. Any order issued | pursuant to this subdivision (1) (u-5) shall be sufficient | warrant for the officer or person named in the order to |
| arrest and deliver the committed person to the proper | correctional officials and shall be executed the same as | criminal process.
| (v) To do all other acts necessary to carry out the | provisions
of this Chapter.
| (2) The Department of Corrections shall by January 1, 1998, | consider
building and operating a correctional facility within | 100 miles of a county of
over 2,000,000 inhabitants, especially | a facility designed to house juvenile
participants in the | impact incarceration program.
| (3) When the Department lets bids for contracts for medical
| services to be provided to persons committed to Department | facilities by
a health maintenance organization, medical | service corporation, or other
health care provider, the bid may | only be let to a health care provider
that has obtained an | irrevocable letter of credit or performance bond
issued by a | company whose bonds are rated AAA by a bond rating
| organization.
| (4) When the Department lets bids for
contracts for food or | commissary services to be provided to
Department facilities, | the bid may only be let to a food or commissary
services | provider that has obtained an irrevocable letter of
credit or | performance bond issued by a company whose bonds are rated
AAA | by a bond rating organization.
| (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; | 94-1067, eff. 8-1-06.)
|
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/26/2010
|
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