Public Act 094-0383
Public Act 0383 94TH GENERAL ASSEMBLY
|Public Act 094-0383
||LRB094 08404 RLC 38605 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Unified Code of Corrections is amended by
adding Article 17 as follows:
(730 ILCS 5/Ch. III Art. 17 heading new)
PROGRAM OF REENTRY INTO COMMUNITY
(730 ILCS 5/3-17-5 new)
As used in this Article:
"Board" means the Prisoner Review Board.
"Department" means the Department of Corrections.
"Director" means the Director of Corrections.
"Offender" means a person who has been convicted of a
felony under the laws of this State and sentenced to a term of
"Program" means a program established by a county or
municipality under Section 3-17-10 for reentry of persons into
the community who have been committed to the Department for
commission of a felony.
(730 ILCS 5/3-17-10 new)
Establishment of program.
(a) A county with the approval of the county board or a
municipality that maintains a jail or house of corrections with
the approval of the corporate authorities may establish a
program for reentry of offenders into the community who have
been committed to the Department for commission of a felony.
Any program shall be approved by the Director prior to
placement of inmates in a program.
(b) If a county or municipality establishes a program under
this Section, the sheriff in the case of a county or the police
chief in the case of a municipality shall:
(1) Determine whether offenders who are referred by the
Director of Corrections under Section 3-17-15 should be
assigned to participate in a program.
(2) Supervise offenders participating in the program
during their participation in the program.
(c) A county or municipality shall be liable for the well
being and actions of inmates in its custody while in a program
and shall indemnify the Department for any loss incurred by the
Department caused while an inmate is in a program.
(d) An offender may not be assigned to participate in a
program unless the Director of Corrections, in consultation
with the Prisoner Review Board, grants prior approval of the
assignment under this Section.
(730 ILCS 5/3-17-15 new)
Referral of person to sheriff or police
chief; assignment of person by the Department.
(a) Except as otherwise provided in this Section, if a
program has been established in a county or municipality in
which an offender was sentenced to imprisonment for a felony,
the Director may refer the offender to the county sheriff or
municipal police chief if:
(1) The offender qualifies under the standards
established by the Director in subsection (c);
(2) The offender has demonstrated a willingness to:
(A) engage in employment or participate in
vocational rehabilitation or job skills training; and
(B) meet any existing obligation for restitution
to any victim of his or her crime; and
(3) the offender is within one year of his or her
probable release from prison, as determined by the
(b) Except as otherwise provided in this Section, if the
Director is notified by the sheriff or police chief under
Section 3-17-10 that an offender would benefit by being
assigned to the custody of the sheriff or police chief to
participate in the program, the Director shall review whether
the offender should be assigned to participate in a program for
not longer than the remainder of his or her sentence.
(c) The Director, by rule, shall adopt standards setting
forth which offenders are eligible to be assigned to the
custody of the sheriff or police chief to participate in the
program under this Section. The standards adopted by the
Director must be approved by the Prisoner Review Board and must
provide that an offender is ineligible for participation in the
(1) has recently committed a serious infraction of the
rules of an institution or facility of the Department;
(2) has not performed the duties assigned to him or her
in a faithful and orderly manner;
(3) has, within the immediately preceding 5 years, been
convicted of any crime involving the use or threatened use
of force or violence against a victim that is punishable as
(4) has ever been convicted of a sex offense as defined
in Section 10 of the Sex Offender Management Board Act;
(5) has escaped or attempted to escape from any jail or
correctional institution for adults; or
(6) has not made an effort in good faith to participate
in or to complete any educational or vocational program or
any program of treatment, as ordered by the Director.
(d) The Director shall adopt rules requiring offenders who
are assigned to the custody of the sheriff or police chief
under this Section to reimburse the Department for the cost of
their participation in a program, to the extent of their
ability to pay.
(e) The sheriff or police chief may return the offender to
the custody of the Department at any time for any violation of
the terms and conditions imposed by the Director in
consultation with the Prisoner Review Board.
(f) If an offender assigned to the custody of the sheriff
or police chief under this Section violates any of the terms or
conditions imposed by the Director in consultation with the
Prisoner Review Board and is returned to the custody of the
Department, the offender forfeits all or part of the credits
for good behavior earned by him or her before he or she was
returned to the custody of the Department, as determined by the
Director. The Director may provide for a forfeiture of credits
under this subsection (f) only after proof of the violation and
notice is given to the offender. The Director may restore
credits so forfeited for such reasons as he or she considers
proper. The Director, by rule, shall establish procedures for
review of forfeiture of good behavior credit. The decision of
the Director regarding such a forfeiture is final.
(g) The assignment of an offender to the custody of the
sheriff or police chief under this Section shall be deemed:
(1) a continuation of his or her imprisonment and not a
release on parole or mandatory supervised release; and
(2) for the purposes of Section 3-8-1, an assignment to
a facility of the Department,
except that the offender is
not entitled to obtain any benefits or to participate in
any programs provided to offenders in the custody of the
(h) An offender does not have a right to be assigned to the
custody of the sheriff or police chief under this Section, or
to remain in that custody after such an assignment. It is not
intended that the establishment or operation of a program
creates any right or interest in liberty or property or
establishes a basis for any cause of action against this State
or its political subdivisions, agencies, boards, commissions,
departments, officers, or employees.
(730 ILCS 5/3-17-20 new)
Director to contract for certain services for
offenders in program.
(a) The Director may enter into one or more contracts with
one or more public or private entities to provide any of the
following services, as necessary and appropriate, to offenders
participating in a program:
(1) transitional housing;
(2) treatment pertaining to substance abuse or mental
(3) training in life skills;
(4) vocational rehabilitation and job skills training;
(5) any other services required by offenders who are
participating in a program.
(b) The Director shall, as necessary and appropriate,
provide referrals and information regarding:
(1) any of the services provided pursuant to subsection
(2) access and availability of any appropriate
(3) social services for families and children; and
(4) permanent housing.
(c) The Director may apply for and accept any gift,
donation, bequest, grant, or other source of money to carry out
the provisions of this Section.
(d) As used in this Section, training in life skills
includes, without limitation, training in the areas of:
(2) improving human relationships;
(4) maintaining emotional and physical
(5) preventing abuse of alcohol and drugs;
preparing for and obtaining employment; and
consumerism, and personal finances.
(730 ILCS 5/3-17-25 new)
Monitoring of participant in program.
Department shall retain the authority to monitor each person
who is participating in a program under Section 3-17-15. Such
authority shall include site inspections, review of program
activities, and access to inmate files and records.
Effective Date: 1/1/2006