Public Act 90-0658 of the 90th General Assembly

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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
    (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
    (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
    (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
    (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
         (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
         (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
    (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.)

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