Public Act 90-0658 of the 90th General Assembly
Public Act 90-0658
HB2447 Enrolled LRB9008471RCcd
AN ACT to amend the Unified Code of Corrections by
changing Section 3-2-2.
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.
(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-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
67.02 of the Civil Administrative Code of Illinois. 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
5-4 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.
(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 Illinois Department of Public Aid 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) To enter into intergovernmental cooperation
agreements under which minors adjudicated delinquent and
committed to the Department of Corrections, Juvenile
Division, may participate in a county juvenile impact
incarceration program established under Section 3-6039 of the
Counties Code.
(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.
(v) (u) 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.
(Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
eff. 12-31-96; 90-14, eff. 7-1-97.)