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Public Act 102-0616


 

Public Act 0616 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0616
 
HB3895 EnrolledLRB102 14874 KMF 20227 b

    AN ACT concerning criminal law.
 
    WHEREAS, It shall be the policy of the Department of
Corrections and the Department of Juvenile Justice to work
together with labor partners to remove barriers to and stigma
around seeking mental health care and to ensure a continuum of
care available to employees without reprisal for seeking such
treatment; therefore
 
    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 3-1-2, 3-2-7, and 3-2.5-15 as follows:
 
    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
    Sec. 3-1-2. Definitions.
    (a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties
of the Department of Corrections in regard to committed
persons within a correctional institution or facility, and
includes the superintendent of any juvenile institution or
facility.
    (a-3) "Aftercare release" means the conditional and
revocable release of a person committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987, under
the supervision of the Department of Juvenile Justice.
    (a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
        (i) A violation of any of the following Sections of
    the Criminal Code of 1961 or the Criminal Code of 2012:
    10-7 (aiding or abetting child abduction under Section
    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
    solicitation of a child), 11-6.5 (indecent solicitation of
    an adult), 11-14.4 (promoting juvenile prostitution),
    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
    (keeping a place of juvenile prostitution), 11-18.1
    (patronizing a juvenile prostitute), 11-19.1 (juvenile
    pimping), 11-19.2 (exploitation of a child), 11-20.1
    (child pornography), 11-20.1B or 11-20.3 (aggravated child
    pornography), 11-1.40 or 12-14.1 (predatory criminal
    sexual assault of a child), or 12-33 (ritualized abuse of
    a child). An attempt to commit any of these offenses.
        (ii) A violation of any of the following Sections of
    the Criminal Code of 1961 or the Criminal Code of 2012:
    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
    12-14 (aggravated criminal sexual assault), 11-1.60 or
    12-16 (aggravated criminal sexual abuse), and subsection
    (a) of Section 11-1.50 or subsection (a) of Section 12-15
    (criminal sexual abuse). An attempt to commit any of these
    offenses.
        (iii) A violation of any of the following Sections of
    the Criminal Code of 1961 or the Criminal Code of 2012 when
    the defendant is not a parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (iv) A violation of any former law of this State
    substantially equivalent to any offense listed in this
    subsection (a-5).
    An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed
in this subsection (a-5) shall constitute a sex offense for
the purpose of this subsection (a-5). A finding or
adjudication as a sexually dangerous person under any federal
law or law of another state that is substantially equivalent
to the Sexually Dangerous Persons Act shall constitute an
adjudication for a sex offense for the purposes of this
subsection (a-5).
    (b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
    (c) "Committed person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
    (c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity,
including, but not limited to, Internet history, address bar
or bars, cache or caches, and/or cookies, and which would
over-write files in a way so as to make previous computer
activity, including, but not limited to, website access, more
difficult to discover.
    (c-10) "Content-controlled tablet" means any device that
can only access visitation applications or content relating to
educational or personal development.
    (d) "Correctional institution or facility" means any
building or part of a building where committed persons are
kept in a secured manner.
    (d-5) "Correctional officer" means: an employee of the
Department of Corrections who has custody and control over
committed persons in an adult correctional facility; or, for
an employee of the Department of Juvenile Justice, direct care
staff of persons committed to a juvenile facility.
    (e) "Department" means both the Department of Corrections
and the Department of Juvenile Justice of this State, unless
the context is specific to either the Department of
Corrections or the Department of Juvenile Justice.
    (f) "Director" means both the Director of Corrections and
the Director of Juvenile Justice, unless the context is
specific to either the Director of Corrections or the Director
of Juvenile Justice.
    (f-5) (Blank).
    (g) "Discharge" means the final termination of a
commitment to the Department of Corrections.
    (h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and
property within the institutions and facilities of the
Department and their enforcement.
    (i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
    (j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
    (k) "Parole" means the conditional and revocable release
of a person committed to the Department of Corrections under
the supervision of a parole officer.
    (l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to February
1, 1978 (the effective date of Public Act 80-1099) this
Amendatory Act of 1977, to hear and decide the time of
aftercare release for persons committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987 to hear
requests and make recommendations to the Governor with respect
to pardon, reprieve or commutation, to set conditions for
parole, aftercare release, and mandatory supervised release
and determine whether violations of those conditions justify
revocation of parole or release, and to assume all other
functions previously exercised by the Illinois Parole and
Pardon Board.
    (m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service, or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person
subject to the provisions of this Code Act.
    (n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights of Crime for
Victims and Witnesses of Violent Crime Act.
    (o) "Wrongfully imprisoned person" means a person who has
been discharged from a prison of this State and has received:
        (1) a pardon from the Governor stating that such
    pardon is issued on the ground of innocence of the crime
    for which he or she was imprisoned; or
        (2) a certificate of innocence from the Circuit Court
    as provided in Section 2-702 of the Code of Civil
    Procedure.
(Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)
 
    (730 ILCS 5/3-2-7)  (from Ch. 38, par. 1003-2-7)
    Sec. 3-2-7. Staff Training and Development.
    (a) The Department shall train its own personnel and any
personnel from local agencies by agreements under Section
3-15-2.
    (b) To develop and train its personnel, the Department may
make grants in aid for academic study and training in fields
related to corrections. The Department shall establish rules
for the conditions and amounts of such grants. The Department
may employ any person during his program of studies and may
require the person to work for it on completion of his program
according to the agreement entered into between the person
receiving the grant and the Department.
    (c) The Department shall implement a wellness program to
provide employees and staff with support to address both
professional and personal challenges as they relate to the
correctional environment. The Department shall establish
response teams to provide comprehensive support to employees
and staff affected by events that are both duty-related and
not duty-related and provide training to response team
members. The wellness program shall be accessible to any
Department employee, whether full-time or part-time,
contractual or temporary staff and approved volunteers. The
wellness program may include, but not limited to, providing
information, education, referrals, peer support, debriefing,
and newsletters. Employee and staff access to wellness
response team support shall be voluntary and remain
confidential.
(Source: P.A. 77-2097.)
 
    (730 ILCS 5/3-2.5-15)
    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
of duties of the Juvenile Division.
    (a) The Department of Juvenile Justice shall assume the
rights, powers, duties, and responsibilities of the Juvenile
Division of the Department of Corrections. Personnel, books,
records, property, and unencumbered appropriations pertaining
to the Juvenile Division of the Department of Corrections
shall be transferred to the Department of Juvenile Justice on
the effective date of this amendatory Act of the 94th General
Assembly. Any rights of employees or the State under the
Personnel Code or any other contract or plan shall be
unaffected by this transfer.
    (b) Department of Juvenile Justice personnel who are hired
by the Department on or after the effective date of this
amendatory Act of the 94th General Assembly and who
participate or assist in the rehabilitative and vocational
training of delinquent youths, supervise the daily activities
involving direct and continuing responsibility for the youth's
security, welfare and development, or participate in the
personal rehabilitation of delinquent youth by training,
supervising, and assisting lower level personnel who perform
these duties must be over the age of 21 and have any bachelor's
or advanced degree from an accredited college or university.
This requirement shall not apply to security, clerical, food
service, and maintenance staff that do not have direct and
regular contact with youth. The degree requirements specified
in this subsection (b) are not required of persons who provide
vocational training and who have adequate knowledge in the
skill for which they are providing the vocational training.
    (c) Subsection (b) of this Section does not apply to
personnel transferred to the Department of Juvenile Justice on
the effective date of this amendatory Act of the 94th General
Assembly.
    (d) The Department shall be under the direction of the
Director of Juvenile Justice as provided in this Code.
    (e) The Director shall organize divisions within the
Department and shall assign functions, powers, duties, and
personnel as required by law. The Director may create other
divisions and may assign other functions, powers, duties, and
personnel as may be necessary or desirable to carry out the
functions and responsibilities vested by law in the
Department. The Director may, with the approval of the Office
of the Governor, assign to and share functions, powers,
duties, and personnel with other State agencies such that
administrative services and administrative facilities are
provided by a shared administrative service center. Where
possible, shared services which impact youth should be done
with child-serving agencies. These administrative services may
include, but are not limited to, all of the following
functions: budgeting, accounting related functions, auditing,
human resources, legal, procurement, training, data collection
and analysis, information technology, internal investigations,
intelligence, legislative services, emergency response
capability, statewide transportation services, and general
office support.
    (f) The Department of Juvenile Justice may enter into
intergovernmental cooperation agreements under which minors
adjudicated delinquent and committed to the Department of
Juvenile Justice may participate in county juvenile impact
incarceration programs established under Section 3-6039 of the
Counties Code.
    (g) The Department of Juvenile Justice must comply with
the ethnic and racial background data collection procedures
provided in Section 4.5 of the Criminal Identification Act.
    (h) The Department of Juvenile Justice shall implement a
wellness program to support health and wellbeing among staff
and service providers within the Department of Juvenile
Justice environment. The Department of Juvenile Justice shall
establish response teams to provide support to employees and
staff affected by events that are both duty-related and not
duty-related and provide training to response team members.
The Department's wellness program shall be accessible to any
Department employee or service provider, including contractual
employees and approved volunteers. The wellness program may
include information sharing, education and activities designed
to support health and well-being within the Department's
environment. Access to wellness response team support shall be
voluntary and remain confidential.
(Source: P.A. 100-19, eff. 1-1-18.)

Effective Date: 1/1/2022