| ||||
Public Act 097-0800 | ||||
| ||||
| ||||
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 Sections 3-2-2, 3-2-5, 3-5-3, 5-8-1.1, and 5-8-1.3 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) (Blank). 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. 96-1265, eff. 7-26-10.)
|
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
| ||
Sec. 3-2-5. Organization of the Department of Corrections | ||
and the Department of Juvenile Justice.
| ||
(a) There shall be an Adult Division within the Department | ||
which shall
be administered by an Assistant Director appointed | ||
by the Governor under
The Civil Administrative Code of | ||
Illinois. The Assistant Director shall be
under the direction | ||
of the Director. The Adult Division shall be
responsible for | ||
all persons committed or transferred to the Department
under | ||
Sections 3-10-7 or 5-8-6 of this Code.
| ||
(b)
There shall be a Department of Juvenile Justice which | ||
shall be administered by a Director appointed by the Governor | ||
under the Civil Administrative Code of Illinois. The Department | ||
of Juvenile Justice shall be responsible for all persons under | ||
17 years of age when sentenced to imprisonment and committed to | ||
the Department under subsection (c) of Section 5-8-6 of this | ||
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 | ||
of the Juvenile Court Act of 1987. Persons under 17 years of | ||
age committed to the Department of Juvenile Justice pursuant to | ||
this Code shall be sight and sound separate from adult | ||
offenders committed to the Department of Corrections.
| ||
(c) The Department shall create a gang intelligence unit | ||
under the
supervision of the Director. The unit shall be | ||
specifically designed to gather
information regarding the | ||
inmate gang population, monitor the activities of
gangs, and |
prevent the furtherance of gang activities through the | ||
development
and implementation of policies aimed at deterring | ||
gang activity. The Director
shall appoint a Corrections | ||
Intelligence Coordinator.
| ||
All information collected and maintained by the unit shall | ||
be highly
confidential, and access to that information shall be | ||
restricted by the
Department. The information
shall be used to | ||
control and limit the activities of gangs within correctional
| ||
institutions under the jurisdiction of the Illinois
Department | ||
of Corrections and may be shared with other law enforcement | ||
agencies
in order to curb gang activities outside of | ||
correctional institutions under the
jurisdiction of the | ||
Department and to assist in
the investigations and prosecutions | ||
of gang activity. The Department shall
establish and promulgate | ||
rules governing the release of information to outside
law | ||
enforcement agencies. Due to the highly sensitive nature of the
| ||
information, the information is exempt from requests for | ||
disclosure under the
Freedom
of Information Act as the | ||
information contained is highly confidential and may
be harmful | ||
if disclosed.
| ||
The Department shall file an annual report with the General | ||
Assembly on the
profile of the inmate
population associated | ||
with gangs, gang-related activity within correctional
| ||
institutions under the jurisdiction of the Department,
and an | ||
overall status of the unit as it relates to its function and
| ||
performance.
|
(Source: P.A. 94-696, eff. 6-1-06 .)
| ||
(730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
| ||
Sec. 3-5-3. Annual and other Reports.
| ||
(a) The Director shall make an annual report to the | ||
Governor and General Assembly under
Section 5-650 of the | ||
Departments of State Government Law (20 ILCS
5/5-650), | ||
concerning the
state and condition of all persons committed to | ||
the Department, its
institutions, facilities and programs, of | ||
all moneys expended and received,
and on what accounts expended | ||
and received. The report may also include an
abstract of all | ||
reports made to the Department by individual institutions,
| ||
facilities or programs during the preceding year.
| ||
(b) (Blank). The Director shall make an annual report to | ||
the Governor and to the
State Legislature on any inadequacies | ||
in the institutions, facilities or
programs of the Department | ||
and also such amendments to the laws of the
State which in his | ||
judgment are necessary in order to best advance the
purposes of | ||
this Code.
| ||
(c) The Director may require such reports from division | ||
administrators,
chief administrative officers and other | ||
personnel as he deems necessary for
the administration of the | ||
Department.
| ||
(d) (Blank). The Department of Corrections shall, by | ||
January 1, 1990,
January 1, 1991, and every 2
years thereafter, | ||
transmit to the Governor and the General Assembly a 5 year
long |
range planning document for adult female offenders under the
| ||
Department's supervision. The document shall detail how the | ||
Department
plans to meet the housing, educational/training, | ||
Correctional Industries
and programming needs of the | ||
escalating adult female offender population.
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
| ||
Sec. 5-8-1.1. Impact incarceration.
| ||
(a) The Department may establish
and operate an impact | ||
incarceration
program for eligible offenders. If the court | ||
finds under
Section 5-4-1 that
an offender sentenced to a term | ||
of imprisonment for a felony may meet the
eligibility | ||
requirements of the Department, the court may in its
sentencing | ||
order
approve the offender for placement in the impact | ||
incarceration program
conditioned upon his acceptance in the | ||
program by the Department.
Notwithstanding the sentencing | ||
provisions of this Code, the sentencing
order also shall | ||
provide that if the Department accepts the offender in the
| ||
program and determines that the offender has successfully | ||
completed the
impact incarceration program, the sentence shall | ||
be reduced to time
considered served upon certification to the | ||
court by the Department that
the offender has successfully | ||
completed the program. In the event the
offender is not | ||
accepted for placement in the impact incarceration program
or | ||
the offender does not successfully complete the program,
his |
term of imprisonment shall be as set forth by the court in its | ||
sentencing
order.
| ||
(b) In order to be eligible to participate in the impact | ||
incarceration
program, the committed person shall meet all of | ||
the following requirements:
| ||
(1) The person must be not less than 17 years of age | ||
nor more than 35 years of age.
| ||
(2) The person has not previously participated in the | ||
impact
incarceration program and has not previously served | ||
more than one
prior sentence of imprisonment for a felony | ||
in an adult correctional
facility.
| ||
(3) The person has not been convicted of a Class X | ||
felony,
first or
second degree murder, armed violence, | ||
aggravated kidnapping, criminal
sexual assault, aggravated | ||
criminal sexual abuse or a subsequent conviction for
| ||
criminal sexual abuse, forcible detention, residential | ||
arson, place of
worship arson, or arson and has not
been | ||
convicted previously of any of those offenses.
| ||
(4) The person has been sentenced to a term of | ||
imprisonment of 8
years or less.
| ||
(5) The person must be physically able to participate | ||
in strenuous
physical activities or labor.
| ||
(6) The person must not have any mental disorder or | ||
disability that
would prevent participation in the impact | ||
incarceration program.
| ||
(7) The person has consented in writing to |
participation in the impact
incarceration program and to | ||
the terms and conditions thereof.
| ||
(8) The person was recommended and approved for | ||
placement in the
impact incarceration
program in the | ||
court's sentencing order.
| ||
The Department may also consider, among other matters, | ||
whether the
committed person has any outstanding detainers or | ||
warrants, whether the
committed person has a history of | ||
escaping or absconding, whether
participation in the impact | ||
incarceration program may pose a risk to the
safety or security | ||
of any person and whether space is available.
| ||
(c) The impact incarceration program shall include, among | ||
other matters,
mandatory physical training and labor, military | ||
formation and drills,
regimented activities, uniformity of | ||
dress and appearance, education and
counseling, including drug | ||
counseling where appropriate.
| ||
(d) Privileges including visitation, commissary, receipt | ||
and retention
of property and publications and access to | ||
television, radio and a library
may be suspended or restricted, | ||
notwithstanding provisions to the contrary in this Code.
| ||
(e) Committed persons participating in the impact | ||
incarceration program
shall adhere to all Department rules and | ||
all requirements of the program.
Committed persons shall be | ||
informed of rules of behavior and conduct.
Disciplinary | ||
procedures required by this Code or by Department rule are not
| ||
applicable except in those instances in which the Department |
seeks to revoke good time.
| ||
(f) Participation in the impact incarceration program | ||
shall be for a
period of 120 to 180 days. The period of time a | ||
committed person shall
serve in the impact incarceration | ||
program shall not be reduced by the
accumulation of good time.
| ||
(g) The committed person shall serve a term of mandatory | ||
supervised
release as set forth in subsection (d) of Section | ||
5-8-1.
| ||
(h) A committed person may be removed from the program for | ||
a violation
of the terms or conditions of the program or in the | ||
event he is for any
reason unable to participate. The | ||
Department shall promulgate rules and
regulations governing | ||
conduct which could result in removal from the
program or in a | ||
determination that the committed person has not
successfully | ||
completed the program. Committed persons shall have access to
| ||
such rules, which shall provide that a committed person shall | ||
receive
notice and have the opportunity to appear before and | ||
address one or more
hearing officers. A committed person may be | ||
transferred to any of the
Department's facilities prior to the | ||
hearing.
| ||
(i) The Department may terminate the impact incarceration | ||
program at any
time.
| ||
(j) The Department shall report to the Governor and the | ||
General Assembly
on or before September 30th of each year on | ||
the impact incarceration
program, including the composition of | ||
the program by the offenders, by
county of commitment, |
sentence, age, offense and race.
| ||
(k) The Department of Corrections shall consider the | ||
affirmative
action plan approved by the Department of Human | ||
Rights in hiring staff at
the impact incarceration facilities. | ||
The Department shall report to the
Director of Human Rights on | ||
or before April 1 of the year on the sex, race
and national | ||
origin of persons employed at each impact incarceration | ||
facility.
| ||
(Source: P.A. 93-169, eff. 7-10-03.)
| ||
(730 ILCS 5/5-8-1.3)
| ||
Sec. 5-8-1.3. Pilot residential and transition treatment | ||
program for women.
| ||
(a) The General Assembly recognizes:
| ||
(1) that drug-offending women with children who have | ||
been in and out of
the criminal justice system for years | ||
are a serious problem;
| ||
(2) that the intergenerational cycle of women | ||
continuously
being part of the criminal justice system | ||
needs to be broken;
| ||
(3) that the effects of drug offending women with | ||
children
disrupts family harmony and creates an atmosphere | ||
that is
not conducive to healthy childhood development;
| ||
(4) that there is a need for an effective residential
| ||
community supervision model to provide help to women to
| ||
become drug free, recover from trauma, focus on healthy
|
mother-child relationships, and establish economic
| ||
independence and long-term support;
| ||
(5) that certain non-violent women offenders with | ||
children
eligible for sentences of incarceration, may | ||
benefit from
the rehabilitative aspects of gender | ||
responsive
treatment programs and services. This Section | ||
shall
not be construed to allow violent offenders to
| ||
participate in a treatment program.
| ||
(b) Under the direction of the sheriff and with the | ||
approval of
the county board of commissioners, the sheriff, in | ||
any county with more
than 3,000,000 inhabitants, may operate a | ||
residential and
transition treatment program for women | ||
established by the Illinois Department
of Corrections if | ||
funding has been provided by federal, local or private
| ||
entities. If the court finds during the
sentencing hearing | ||
conducted under Section 5-4-1 that a woman convicted
of a | ||
felony meets the eligibility requirements of the sheriff's
| ||
residential and transition treatment program for women, the | ||
court may
refer the offender to the sheriff's residential and | ||
transition
treatment program for women for consideration as a | ||
participant as an
alternative to incarceration in the | ||
penitentiary. The sheriff shall be
responsible for supervising | ||
all women who are placed in the residential
and transition | ||
treatment program for women for the 12-month period. In
the | ||
event that the woman is not accepted for placement in the | ||
sheriff's
residential and transition treatment program for |
women, the court shall
proceed to sentence the woman to any | ||
other disposition authorized by
this Code. If the woman does | ||
not successfully complete the residential
and transition | ||
treatment program for women, the woman's failure to do
so shall | ||
constitute a violation of the sentence to the residential and
| ||
transition treatment program for women.
| ||
(c) In order to be eligible to be a participant in the | ||
pilot
residential and transition treatment program for women, | ||
the participant
shall meet all of the following conditions:
| ||
(1) The woman has not been convicted of a violent crime | ||
as
defined in subsection (c) of Section 3 of the Rights of | ||
Crime
Victims and Witnesses Act, a Class X felony, first or | ||
second
degree murder, armed violence, aggravated | ||
kidnapping,
criminal sexual assault, aggravated criminal | ||
sexual
abuse or a subsequent conviction for criminal sexual | ||
abuse,
forcible detention, or arson and has not been | ||
previously
convicted of any of those offenses.
| ||
(2) The woman must undergo an initial assessment | ||
evaluation
to determine the treatment and program plan.
| ||
(3) The woman was recommended and accepted for | ||
placement in
the pilot residential and transition | ||
treatment program for
women by the Department of | ||
Corrections and has consented in writing to
participation | ||
in the program under the terms and conditions
of the | ||
program. The Department of Corrections may consider | ||
whether space is
available.
|
(d) The program may include a substance abuse treatment | ||
program
designed for women offenders, mental health, trauma, | ||
and medical
treatment; parenting skills and family | ||
relationship counseling, preparation for
a GED or vocational | ||
certificate; life skills program; job readiness and job
skill | ||
training, and a community transition development plan.
| ||
(e) With the approval of the Department of Corrections, the | ||
sheriff shall
issue requirements for the program and
inform the | ||
participants who shall sign an agreement to adhere to all
rules | ||
and all requirements for the pilot residential and transition
| ||
treatment program.
| ||
(f) Participation in the pilot residential and transition
| ||
treatment program for women shall be for a period not to exceed | ||
12
months. The period may not be reduced by accumulation of | ||
good time.
| ||
(g) If the woman successfully completes the pilot | ||
residential
and transition treatment program for women, the | ||
sheriff shall notify
the Department of Corrections, the court, | ||
and
the State's
Attorney of the county of the woman's | ||
successful completion.
| ||
(h) A woman may be removed from the pilot residential and
| ||
transition treatment program for women for violation of the | ||
terms and
conditions of the program or in the event she is | ||
unable to participate.
The failure to complete the program | ||
shall be deemed a violation of the
conditions of the program. | ||
The sheriff shall give notice to the Department of
Corrections, |
the court, and the
State's Attorney of the woman's failure to | ||
complete the program.
The
Department of Corrections or its | ||
designee shall file a petition alleging that
the woman has | ||
violated the
conditions of the program with the court. The | ||
State's Attorney may
proceed on the petition under Section | ||
5-4-1 of this Code.
| ||
(i) The conditions of the pilot residential and transition | ||
treatment
program for women shall include that the woman while | ||
in the program:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report or appear in person before any person or
| ||
agency as directed by the court, the sheriff, or Department | ||
of Corrections;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous
weapon;
| ||
(4) consent to drug testing;
| ||
(5) not leave the State without the consent of the | ||
court or,
in circumstances in which reason for the absence | ||
is of such an
emergency nature that prior consent by the | ||
court is not possible,
without prior notification and | ||
approval of the Department of Corrections;
| ||
(6) upon placement in the program, must agree to follow | ||
all
requirements of the program.
| ||
(j) The Department of Corrections or the sheriff may | ||
terminate the program
at any time by mutual agreement or with |
30 days prior written notice by either
the Department of | ||
Corrections or the sheriff.
| ||
(k) The Department of Corrections may enter into a joint | ||
contract with a
county with more than 3,000,000 inhabitants to | ||
establish and operate a pilot
residential and treatment program | ||
for women.
| ||
(l) The Director
of the Department of Corrections shall | ||
have the authority to develop rules to
establish and operate a | ||
pilot residential and treatment program for women that
shall | ||
include criteria for selection of the participants of the | ||
program in
conjunction and approval by the sentencing court. | ||
Violent crime offenders are
not eligible to participate in the | ||
program.
| ||
(m) The Department shall report to the Governor and the | ||
General Assembly
before September 30th of each year on the | ||
pilot residential and treatment
program for women, including | ||
the composition of the program by offenders,
sentence, age, | ||
offense, and race. Reporting is only required if the pilot | ||
residential and treatment program for women is operational.
| ||
(n) The Department of Corrections or the sheriff may | ||
terminate the program
with 30 days prior written notice.
| ||
(o) A county with more than 3,000,000 inhabitants is | ||
authorized to apply
for funding from federal, local or private | ||
entities to create a Residential
and Treatment Program for | ||
Women. This sentencing option may not go into
effect until the | ||
funding is secured for the program and the program has been
|
established.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(730 ILCS 5/5-5-4.3 rep.)
| ||
Section 10. The Unified Code of Corrections is amended by | ||
repealing Section 5-5-4.3.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|