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Full Text of HB6651  95th General Assembly

HB6651 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6651

 

Introduced , by Rep. Julie Hamos

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-8-7   from Ch. 38, par. 1003-8-7

    Amends the Unified Code of Corrections. Provides that a prisoner may be transferred to a super-maximum security institution only when, within 3 months of the date of the proposed transfer: (1) while incarcerated, the prisoner committed or attempted to commit acts of violence which resulted in serious injury or death; (2) the prisoner has engaged in the second of 2 acts that occurred within one year of each other, which caused serious disruption of prison operations; or (3) he has escaped from within a security perimeter or custody, or both, or direct supervision. Provides that prisoners with serious mental illnesses shall not be transferred to a super-maximum security facility. Provides that unless the Director of Corrections personally certifies, in writing, that providing a hearing prior to transfer will pose an imminent threat to the safety and security of the prison where the prisoner is currently housed, prior to any transfer to a super-maximum security facility, a prisoner shall be entitled to a transfer hearing which complies with specified minimum requirements. Provides that at such hearing, the Department shall have the burden of proof. Provides that the Department of Corrections shall review the status of all prisoners currently housed at a super-maximum security institution within 90 days of the effective date of the amendatory Act to determine whether they should continue to be housed at that facility. Prisoners already incarcerated for longer than one year may continue to be held at a super-maximum institution only on the basis of specified criteria and must be provided a hearing within 6 months of the effective date of the amendatory Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6651 LRB095 21548 RLC 51372 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-8-7 as follows:
 
6     (730 ILCS 5/3-8-7)  (from Ch. 38, par. 1003-8-7)
7     Sec. 3-8-7. Disciplinary Procedures.)
8     (a) All disciplinary action shall be consistent with this
9 Chapter. Rules of behavior and conduct, the penalties for
10 violation thereof, and the disciplinary procedure by which such
11 penalties may be imposed shall be available to committed
12 persons.
13     (b)  (1) Corporal punishment and disciplinary restrictions
14     on diet, medical or sanitary facilities, mail or access to
15     legal materials are prohibited.
16         (2) (Blank).
17         (3) (Blank).
18     (b-5) Transfers to super-maximum security institution.
19         (1) A prisoner may be transferred to a super-maximum
20     security institution (as designated in paragraph (s) of
21     subsection (1) of Section 3-2-2 of this Code) only when,
22     within 3 months of the date of the proposed transfer:
23             (A) while incarcerated, the prisoner committed an

 

 

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1         act of violence which resulted in or was likely to
2         result in serious injury or death to another;
3             (B) the prisoner has engaged in the second of 2
4         acts that occurred within one year of each other, which
5         caused serious disruption of prison operations; or
6             (C) he has escaped from within a security perimeter
7         or custody, or both, or direct supervision.
8         (2) Prisoners with a serious mental illness shall not
9     be transferred to a super-maximum security facility.
10         All prisoners who are housed at a super-maximum
11     security institution shall be evaluated by a mental health
12     professional at least every 30 days. Any prisoner who is
13     determined to be seriously mentally ill must be removed
14     from the institution within 15 days.
15         A prisoner has a serious mental illness for purposes of
16     this Section when he meets the definition used by the
17     President's New Freedom Commission on Mental Health,
18     "Achieving Promise: Transforming Mental Health Care in
19     America," (July 23, 2003), based on the most current
20     edition of the Diagnostic and Statistical Manual (DSM)
21     published by the American Psychiatric Association.
22         (3) Prior to any transfer to a super-maximum security
23     facility, a prisoner shall be entitled to a transfer
24     hearing which complies with at least the following minimum
25     requirements, unless the Director personally certifies, in
26     writing, that providing a hearing prior to transfer will

 

 

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1     pose an imminent threat to the safety and security of the
2     prison where the prisoner is currently housed. At such
3     hearing, the Department shall have the burden of proof.
4     These minimal procedures shall apply:
5             (A) written notice shall be delivered to the
6         prisoner at least 48 hours before the hearing, setting
7         forth the factual basis for the proposed transfer in
8         sufficient detail to permit the prisoner to prepare a
9         meaningful defense;
10             (B) the prisoner shall have the right to personally
11         appear before the persons making the determination;
12             (C) the prisoner shall have the right to submit
13         documentary evidence to the persons making the
14         decision;
15             (D) the prisoner shall have the right to call
16         witnesses, unless there is a specific written finding
17         that calling a specific witness will jeopardize the
18         safety and security of the institution;
19             (E) a written decision shall be delivered to the
20         prisoner within 5 business days of the hearing setting
21         forth the reasons for the decision in sufficient detail
22         to allow for review;
23             (F) the hearing shall be recorded by means of audio
24         or video tape, and the tapes preserved until 120 days
25         after the release of the prisoner from incarceration at
26         the super-maximum facility; and

 

 

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1             (G) the prisoner has a right to retain a lawyer to
2         represent him or her at the hearing.
3         (4) In the event the Director makes a certification
4     that a pre-transfer hearing would pose an imminent danger,
5     a hearing shall be held within 5 business days of the
6     prisoner's transfer.
7         (5) The transfer hearing shall be conducted by a panel
8     of at least 2 persons. One such person shall be an attorney
9     employed by or appointed by the Illinois Department of
10     Corrections.
11         (6) The panel shall maintain a written record including
12     all evidence it relied on, including all evidence
13     supporting any finding of danger to the safety and security
14     of the institution. The decision of the panel shall be
15     reviewed and approved by the Director or a Deputy Director
16     within 5 business days of the decision. The decision of the
17     Director shall be final, and shall not be reviewable
18     through the grievance process.
19         (7) All prisoners who are transferred to a
20     super-maximum security facility shall be reviewed at least
21     every 90 days to determine whether they should continue to
22     be housed at that facility.
23         (8) No prisoner shall remain confined at a
24     super-maximum security institution for more than one year,
25     unless, at a hearing pursuant to clauses (3), (5), and (6)
26     of this subsection (b-5), the Department (A) establishes

 

 

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1     that the prisoner, within the previous one year, has
2     committed an act which resulted in or was likely to result
3     in serious injury or death to another; or (B) presents
4     clear and convincing evidence, applying specific objective
5     criteria set forth in writing by the Director or his or her
6     designee that there is a significant risk that the prisoner
7     will cause physical injury to prison staff, other
8     prisoners, or members of the public if he or she is housed
9     in any other facility operated by the Department, including
10     segregation units at Level I facilities. Association with
11     an inmate gang or security threat group, alone, shall not
12     be sufficient to meet this burden. Such prisoners shall be
13     provided with such a hearing pursuant to clauses (3), (5),
14     and (6) of this subsection (b-5) at least every year.
15         (9) The Department shall review the status of all
16     prisoners currently housed at a super-maximum security
17     institution within 90 days of the effective date of this
18     amendatory Act of the 95th General Assembly to determine
19     whether they should continue to be housed at that facility.
20     Prisoners already incarcerated for longer than one year may
21     continue to be held at a super-maximum institution only on
22     the basis of the criteria listed in clause (8) of this
23     subsection (b-5). Such prisoners must be provided a
24     hearing, pursuant to clauses (3), (5), and (6) of this
25     subsection (b-5), within 6 months of the effective date of
26     this amendatory Act of the 95th General Assembly.

 

 

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1         (10) The Department shall maintain a current list of
2     all prisoners in the super-maximum security facility, with
3     the date of and reason for placement, date of last review,
4     and, in cases where the prisoner has been housed in such
5     facility for over one year, the written statement of the
6     objective criteria relied upon.
7     (c) Review of disciplinary action imposed under this
8 Section shall be provided by means of the grievance procedure
9 under Section 3-8-8. The Department shall provide a disciplined
10 person with a review of his or her disciplinary action in a
11 timely manner as required by law.
12     (d) All institutions and facilities of the Adult Division
13 shall establish, subject to the approval of the Director,
14 procedures for hearing disciplinary cases except those that may
15 involve the imposition of disciplinary segregation and
16 isolation; the loss of good time credit under Section 3-6-3 or
17 eligibility to earn good time credit.
18     (e) In disciplinary cases which may involve the imposition
19 of disciplinary segregation and isolation, the loss of good
20 time credit or eligibility to earn good time credit, the
21 Director shall establish disciplinary procedures consistent
22 with the following principles:
23         (1) Any person or persons who initiate a disciplinary
24     charge against a person shall not determine the disposition
25     of the charge. The Director may establish one or more
26     disciplinary boards to hear and determine charges.

 

 

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1         (2) Any committed person charged with a violation of
2     Department rules of behavior shall be given notice of the
3     charge including a statement of the misconduct alleged and
4     of the rules this conduct is alleged to violate.
5         (3) Any person charged with a violation of rules is
6     entitled to a hearing on that charge at which time he shall
7     have an opportunity to appear before and address the person
8     or persons deciding the charge.
9         (4) The person or persons determining the disposition
10     of the charge may also summon to testify any witnesses or
11     other persons with relevant knowledge of the incident.
12         (5) If the charge is sustained, the person charged is
13     entitled to a written statement of the decision by the
14     persons determining the disposition of the charge which
15     shall include the basis for the decision and the
16     disciplinary action, if any, to be imposed.
17         (6) (Blank).
18 (Source: P.A. 93-272, eff. 7-22-03.)