Full Text of HB2633 96th General Assembly
HB2633 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2633
Introduced 2/20/2009, by Rep. Julie Hamos, Naomi D. Jakobsson, Annazette Collins, Greg Harris, Constance A. Howard, et al. 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 one year of the date of the proposed transfer:
(1) while incarcerated, the prisoner committed or attempted to commit acts of violence either: (i) which resulted in serious injury or death or (ii) in connection with any act of non-consensual sex;
(2) the prisoner has engaged in 2 or more acts which caused serious disruption of prison operations; or (3) the prisoner has escaped or attempted to escape 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 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.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB2633 |
|
LRB096 09845 RLC 21818 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 one year of the date of the proposed transfer: | 23 |
| (A) while incarcerated, the prisoner committed an |
|
|
|
HB2633 |
- 2 - |
LRB096 09845 RLC 21818 b |
|
| 1 |
| act of violence either: (i) which resulted in or was | 2 |
| likely to result in serious injury or death to another, | 3 |
| or (ii) in connection with any act of non-consensual | 4 |
| sex; | 5 |
| (B) the prisoner has engaged in 2 or more acts | 6 |
| which caused serious disruption of prison operations; | 7 |
| or | 8 |
| (C) the prisoner has escaped or attempted to escape | 9 |
| from within a security perimeter or custody, or both, | 10 |
| or direct supervision. | 11 |
| (2) Prisoners with a serious mental illness shall not | 12 |
| be transferred to a super-maximum security facility. | 13 |
| All prisoners who are housed at a super-maximum | 14 |
| security institution shall be evaluated by a mental health | 15 |
| professional at least every 30 days. Such evaluations shall | 16 |
| be conducted in-person (not through a cell door), and shall | 17 |
| include: (A) assessment of current mental status and | 18 |
| condition; (B) assessment of current risk of suicide or | 19 |
| other self-harming behavior; and (C) review of available | 20 |
| records of in-and out-patient treatment. Any prisoner who | 21 |
| is determined to be seriously mentally ill must be removed | 22 |
| from the institution within 15 days. | 23 |
| A prisoner has a serious mental illness for purposes of | 24 |
| this Section when he meets the definition used by the | 25 |
| President's New Freedom Commission on Mental Health, | 26 |
| "Achieving Promise: Transforming Mental Health Care in |
|
|
|
HB2633 |
- 3 - |
LRB096 09845 RLC 21818 b |
|
| 1 |
| America," (July 23, 2003), based on the most current | 2 |
| edition of the Diagnostic and Statistical Manual (DSM) | 3 |
| published by the American Psychiatric Association. | 4 |
| The Director of the Mental Health Division of the | 5 |
| Illinois Department of Human Services shall designate a | 6 |
| Committee to conduct annual reviews of the mental health | 7 |
| policy, standards and treatment at the supermax. The | 8 |
| reviewers shall have access to prisoner mental health | 9 |
| records and all areas of the supermax where prisoners are | 10 |
| housed or treated, and issue an annual report. | 11 |
| (3) Prior to any transfer to a super-maximum security | 12 |
| facility, a prisoner shall be entitled to a transfer | 13 |
| hearing which complies with at least the following minimum | 14 |
| requirements, unless the Director or a Deputy Director | 15 |
| certifies, in writing, that providing a hearing prior to | 16 |
| transfer will pose an imminent threat to the safety and | 17 |
| security of the prison where the prisoner is currently | 18 |
| housed (herein known as a "Certificate"). At such hearing, | 19 |
| the Department shall have the burden of proof.
These | 20 |
| minimal procedures shall apply: | 21 |
| (A) written notice shall be delivered to the | 22 |
| prisoner at least 48 hours before the hearing, setting | 23 |
| forth the factual basis for the proposed transfer in | 24 |
| sufficient detail to permit the prisoner to prepare a | 25 |
| meaningful defense; | 26 |
| (B) the prisoner shall have the right to personally |
|
|
|
HB2633 |
- 4 - |
LRB096 09845 RLC 21818 b |
|
| 1 |
| appear before the persons making the determination; | 2 |
| (C) the prisoner shall have the right to submit | 3 |
| documentary evidence to the persons making the | 4 |
| decision; | 5 |
| (D) the prisoner shall have the right to call | 6 |
| witnesses, unless there is a specific written finding | 7 |
| that calling a specific witness will jeopardize the | 8 |
| safety and security of the institution; | 9 |
| (E) a written decision shall be delivered to the | 10 |
| prisoner within 5 business days of the hearing setting | 11 |
| forth the reasons for the decision in sufficient detail | 12 |
| to allow for review; | 13 |
| (F) the hearing shall be recorded by means of audio | 14 |
| or video tape, and the tapes preserved until 120 days | 15 |
| after the release of the prisoner from incarceration at | 16 |
| the super-maximum facility; and | 17 |
| (G) the prisoner has a right to retain a lawyer to | 18 |
| represent him or her at the hearing, but there shall be | 19 |
| no right to have a lawyer appointed to represent the | 20 |
| prisoner. | 21 |
| (4) In the event the Director or a Deputy Director has | 22 |
| issued a Certificate, a hearing shall be held within 5 | 23 |
| business days of the prisoner's transfer. | 24 |
| (5) The transfer hearing shall be conducted by a panel | 25 |
| of at least 3 persons, appointed by the Director, and shall | 26 |
| include a person representing the counseling staff. |
|
|
|
HB2633 |
- 5 - |
LRB096 09845 RLC 21818 b |
|
| 1 |
| (6) The Transfer Hearing Panel shall maintain a record | 2 |
| including
all evidence it relied on, and all evidence
| 3 |
| supporting any finding of danger to the safety and security
| 4 |
| of the institution. The decision of the panel shall be
| 5 |
| reviewed and approved by the Director or a Deputy Director
| 6 |
| within 5 business days of the decision. The decision of the
| 7 |
| Director or Deputy Director shall be final, and shall not | 8 |
| be reviewable
through the grievance process. | 9 |
| (7) All prisoners who are transferred to a | 10 |
| super-maximum security facility shall be reviewed at least | 11 |
| every 90 days to determine whether they should continue to | 12 |
| be housed at that facility. | 13 |
| (8) No prisoner shall remain confined at a | 14 |
| super-maximum security institution for more than one year, | 15 |
| unless, at a hearing pursuant to clauses (3), (5), and (6) | 16 |
| of this subsection (b-5), the Department (A) establishes | 17 |
| that the prisoner, within the previous one year, has | 18 |
| committed an act which resulted in or was likely to result | 19 |
| in serious injury or death to another;
or (B) presents | 20 |
| clear and convincing evidence, applying specific objective | 21 |
| criteria set forth in writing by the Director or a Deputy | 22 |
| Director that there is a significant risk that the prisoner | 23 |
| will cause physical injury to prison staff, other | 24 |
| prisoners, or members of the public if he or she is housed | 25 |
| in any other facility operated by the Department, including | 26 |
| segregation units at Level I facilities. Association with |
|
|
|
HB2633 |
- 6 - |
LRB096 09845 RLC 21818 b |
|
| 1 |
| an inmate gang or security threat group, alone, shall not | 2 |
| be sufficient to meet this burden. Such prisoners shall be | 3 |
| provided with such a hearing pursuant to clauses (3), (5), | 4 |
| and (6) of this subsection (b-5) at least every year. | 5 |
| (9) The Department shall review the status of all | 6 |
| prisoners currently housed at a super-maximum security | 7 |
| institution within 90 days of the effective date of this | 8 |
| amendatory Act of the 96th General Assembly to determine | 9 |
| whether they should continue to be housed at that
facility. | 10 |
| Prisoners already incarcerated for longer than one year
may | 11 |
| continue to be held at a super-maximum institution only on | 12 |
| the
basis of the criteria listed in clause (8) of this | 13 |
| subsection (b-5).
Such prisoners must be provided a | 14 |
| hearing, pursuant to clauses (3), (5), and (6) of this | 15 |
| subsection (b-5), within 6 months of the effective date of | 16 |
| this amendatory Act of the 96th General Assembly. | 17 |
| (10) The Department shall maintain a current list of | 18 |
| all prisoners in the super-maximum security facility, with | 19 |
| the date of and reason for placement, date of last review, | 20 |
| and, in cases where the prisoner has been housed in such | 21 |
| facility for over one year, the written statement of the | 22 |
| objective criteria relied upon. | 23 |
| (c) Review of disciplinary action imposed under this
| 24 |
| Section shall be provided by means of the grievance
procedure | 25 |
| under Section 3-8-8. The Department shall provide a disciplined
| 26 |
| person with a review of his or her disciplinary action in a |
|
|
|
HB2633 |
- 7 - |
LRB096 09845 RLC 21818 b |
|
| 1 |
| timely manner as
required by law.
| 2 |
| (d) All institutions and facilities of the Adult
Division | 3 |
| shall establish, subject to the approval of the
Director, | 4 |
| procedures for hearing disciplinary cases except
those that may | 5 |
| involve the imposition of disciplinary
segregation and | 6 |
| isolation; the loss of good time credit under Section
3-6-3 or | 7 |
| eligibility to earn good time credit.
| 8 |
| (e) In disciplinary cases which may involve the imposition
| 9 |
| of disciplinary segregation and isolation, the loss of good | 10 |
| time credit or
eligibility to earn good time credit, the | 11 |
| Director shall establish disciplinary
procedures consistent | 12 |
| with the following principles:
| 13 |
| (1) Any person or persons who initiate a disciplinary
| 14 |
| charge against a person shall not determine the disposition
| 15 |
| of the charge. The Director may establish one or more
| 16 |
| disciplinary boards to hear and determine charges.
| 17 |
| (2) Any committed person charged with a violation of
| 18 |
| Department rules of behavior shall be given notice of the
| 19 |
| charge including a statement of the misconduct alleged and
| 20 |
| of the rules this conduct is alleged to violate.
| 21 |
| (3) Any person charged with a violation of rules is
| 22 |
| entitled to a hearing on that charge at which time he shall
| 23 |
| have an opportunity to appear before and address the person
| 24 |
| or persons deciding the charge.
| 25 |
| (4) The person or persons determining the disposition | 26 |
| of
the charge may also summon to testify any witnesses or |
|
|
|
HB2633 |
- 8 - |
LRB096 09845 RLC 21818 b |
|
| 1 |
| other
persons with relevant knowledge of the incident.
| 2 |
| (5) If the charge is sustained, the person charged is
| 3 |
| entitled to a written statement of the decision by the
| 4 |
| persons determining the disposition of the charge which
| 5 |
| shall include the basis for the decision and the | 6 |
| disciplinary
action, if any, to be imposed.
| 7 |
| (6) (Blank).
| 8 |
| (Source: P.A. 93-272, eff. 7-22-03.)
|
|