093_SB0108enr

 
SB108 Enrolled                       LRB093 06798 RLC 06939 b

 1        AN ACT concerning corrections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 1. Findings; purpose.
 5        (a)  The General Assembly finds and declares that:
 6             (1)  Public  Act  89-688,  effective  June  1, 1997,
 7        contained  provisions  amending  Section  3-8-7  of   the
 8        Unified  Code  of  Corrections  relating  to disciplinary
 9        procedures  at  Department  of  Corrections   facilities.
10        Public Act 89-688 also contained other provisions.
11             (2)  On  October  20,  2000,  in People v. Jerry Lee
12        Foster, 316 Ill. App.  3d  855,  the  Illinois  Appellate
13        Court,  Fourth  District,  ruled  that  Public Act 89-688
14        violates  the  single  subject  clause  of  the  Illinois
15        Constitution (Article IV, Section 8 (d)) and is therefore
16        unconstitutional in its entirety.
17             (3)  The provisions added and deleted  from  Section
18        3-8-7  of  the  Unified Code of Corrections by Public Act
19        89-688 are of vital concern to the people of this  State.
20        Prompt  legislative action concerning those provisions is
21        necessary.
22        (b)  It is the purpose of this Act  to  re-enact  Section
23    3-8-7  of  the  Unified  Code  of  Corrections, including the
24    provisions added and  deleted  by  Public  Act  89-688.  This
25    re-enactment  is  intended  to  remove any question as to the
26    validity or content of those provisions; it is  not  intended
27    to supersede any other Public Act that amends the text of the
28    Section  as set forth in this Act. The re-enacted material is
29    shown  in  this  Act  as   existing   text   (i.e.,   without
30    underscoring).

31        Section  5. The Unified Code of Corrections is amended by
 
SB108 Enrolled              -2-      LRB093 06798 RLC 06939 b
 1    re-enacting Section 3-8-7 as follows:

 2        (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
 3        Sec. 3-8-7. Disciplinary Procedures.)
 4        (a)  All disciplinary action  shall  be  consistent  with
 5    this  Chapter.   Rules of behavior and conduct, the penalties
 6    for violation thereof,  and  the  disciplinary  procedure  by
 7    which  such  penalties  may  be imposed shall be available to
 8    committed persons.
 9        (b)  (1)  Corporal    punishment     and     disciplinary
10        restrictions  on  diet,  medical  or sanitary facilities,
11        mail or access to legal materials are prohibited.
12             (2)  (Blank).
13             (3)  (Blank).
14        (c)  Review of disciplinary  action  imposed  under  this
15    Section shall be provided by means of the grievance procedure
16    under   Section   3-8-8.   The  Department  shall  provide  a
17    disciplined person with a review of his or  her  disciplinary
18    action in a timely manner as required by law.
19        (d)  All   institutions   and  facilities  of  the  Adult
20    Division shall establish, subject  to  the  approval  of  the
21    Director,  procedures  for  hearing disciplinary cases except
22    those  that  may  involve  the  imposition  of   disciplinary
23    segregation and isolation; the loss of good time credit under
24    Section 3-6-3 or eligibility to earn good time credit.
25        (e)  In   disciplinary   cases   which  may  involve  the
26    imposition of disciplinary  segregation  and  isolation,  the
27    loss  of  good  time  credit or eligibility to earn good time
28    credit, the Director shall establish disciplinary  procedures
29    consistent with the following principles:
30             (1)  Any   person   or   persons   who   initiate  a
31        disciplinary charge against a person shall not  determine
32        the   disposition   of  the  charge.   The  Director  may
33        establish one or more disciplinary  boards  to  hear  and
 
SB108 Enrolled              -3-      LRB093 06798 RLC 06939 b
 1        determine charges.
 2             (2)  Any  committed  person charged with a violation
 3        of Department rules of behavior shall be given notice  of
 4        the  charge  including  a  statement  of  the  misconduct
 5        alleged  and  of  the  rules  this  conduct is alleged to
 6        violate.
 7             (3)  Any person charged with a violation of rules is
 8        entitled to a hearing on that charge  at  which  time  he
 9        shall  have  an  opportunity to appear before and address
10        the person or persons deciding the charge.
11             (4)  The   person   or   persons   determining   the
12        disposition of the charge may also summon to testify  any
13        witnesses or other persons with relevant knowledge of the
14        incident.
15             (5)  If  the charge is sustained, the person charged
16        is entitled to a written statement of the decision by the
17        persons determining the disposition of the  charge  which
18        shall   include  the  basis  for  the  decision  and  the
19        disciplinary action, if any, to be imposed.
20             (6)  (Blank).
21    (Source: P.A. 89-688, eff. 6-1-97.)

22        Section 99. Effective date. This Act  takes  effect  upon
23    becoming law.