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Full Text of HB3712  100th General Assembly

HB3712enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB3712 EnrolledLRB100 10864 RLC 21099 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-1-2 and 3-2-2 as follows:
 
6    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
7    Sec. 3-1-2. Definitions.
8    (a) "Chief Administrative Officer" means the person
9designated by the Director to exercise the powers and duties of
10the Department of Corrections in regard to committed persons
11within a correctional institution or facility, and includes the
12superintendent of any juvenile institution or facility.
13    (a-3) "Aftercare release" means the conditional and
14revocable release of a person committed to the Department of
15Juvenile Justice under the Juvenile Court Act of 1987, under
16the supervision of the Department of Juvenile Justice.
17    (a-5) "Sex offense" for the purposes of paragraph (16) of
18subsection (a) of Section 3-3-7, paragraph (10) of subsection
19(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
20Section 5-6-3.1 only means:
21        (i) A violation of any of the following Sections of the
22    Criminal Code of 1961 or the Criminal Code of 2012: 10-7
23    (aiding or abetting child abduction under Section

 

 

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1    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
2    solicitation of a child), 11-6.5 (indecent solicitation of
3    an adult), 11-14.4 (promoting juvenile prostitution),
4    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
5    (keeping a place of juvenile prostitution), 11-18.1
6    (patronizing a juvenile prostitute), 11-19.1 (juvenile
7    pimping), 11-19.2 (exploitation of a child), 11-20.1
8    (child pornography), 11-20.1B or 11-20.3 (aggravated child
9    pornography), 11-1.40 or 12-14.1 (predatory criminal
10    sexual assault of a child), or 12-33 (ritualized abuse of a
11    child). An attempt to commit any of these offenses.
12        (ii) A violation of any of the following Sections of
13    the Criminal Code of 1961 or the Criminal Code of 2012:
14    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
15    12-14 (aggravated criminal sexual assault), 11-1.60 or
16    12-16 (aggravated criminal sexual abuse), and subsection
17    (a) of Section 11-1.50 or subsection (a) of Section 12-15
18    (criminal sexual abuse). An attempt to commit any of these
19    offenses.
20        (iii) A violation of any of the following Sections of
21    the Criminal Code of 1961 or the Criminal Code of 2012 when
22    the defendant is not a parent of the victim:
23            10-1 (kidnapping),
24            10-2 (aggravated kidnapping),
25            10-3 (unlawful restraint),
26            10-3.1 (aggravated unlawful restraint).

 

 

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1            An attempt to commit any of these offenses.
2        (iv) A violation of any former law of this State
3    substantially equivalent to any offense listed in this
4    subsection (a-5).
5    An offense violating federal law or the law of another
6state that is substantially equivalent to any offense listed in
7this subsection (a-5) shall constitute a sex offense for the
8purpose of this subsection (a-5). A finding or adjudication as
9a sexually dangerous person under any federal law or law of
10another state that is substantially equivalent to the Sexually
11Dangerous Persons Act shall constitute an adjudication for a
12sex offense for the purposes of this subsection (a-5).
13    (b) "Commitment" means a judicially determined placement
14in the custody of the Department of Corrections on the basis of
15delinquency or conviction.
16    (c) "Committed person" is a person committed to the
17Department, however a committed person shall not be considered
18to be an employee of the Department of Corrections for any
19purpose, including eligibility for a pension, benefits, or any
20other compensation or rights or privileges which may be
21provided to employees of the Department.
22    (c-5) "Computer scrub software" means any third-party
23added software, designed to delete information from the
24computer unit, the hard drive, or other software, which would
25eliminate and prevent discovery of browser activity, including
26but not limited to Internet history, address bar or bars, cache

 

 

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1or caches, and/or cookies, and which would over-write files in
2a way so as to make previous computer activity, including but
3not limited to website access, more difficult to discover.
4    (c-10) "Content-controlled tablet" means any device that
5can only access visitation applications or content relating to
6educational or personal development.
7    (d) "Correctional institution or facility" means any
8building or part of a building where committed persons are kept
9in a secured manner.
10    (e) "Department" means both the Department of Corrections
11and the Department of Juvenile Justice of this State, unless
12the context is specific to either the Department of Corrections
13or the Department of Juvenile Justice.
14    (f) "Director" means both the Director of Corrections and
15the Director of Juvenile Justice, unless the context is
16specific to either the Director of Corrections or the Director
17of Juvenile Justice.
18    (f-5) (Blank).
19    (g) "Discharge" means the final termination of a commitment
20to the Department of Corrections.
21    (h) "Discipline" means the rules and regulations for the
22maintenance of order and the protection of persons and property
23within the institutions and facilities of the Department and
24their enforcement.
25    (i) "Escape" means the intentional and unauthorized
26absence of a committed person from the custody of the

 

 

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1Department.
2    (j) "Furlough" means an authorized leave of absence from
3the Department of Corrections for a designated purpose and
4period of time.
5    (k) "Parole" means the conditional and revocable release of
6a person committed to the Department of Corrections under the
7supervision of a parole officer.
8    (l) "Prisoner Review Board" means the Board established in
9Section 3-3-1(a), independent of the Department, to review
10rules and regulations with respect to good time credits, to
11hear charges brought by the Department against certain
12prisoners alleged to have violated Department rules with
13respect to good time credits, to set release dates for certain
14prisoners sentenced under the law in effect prior to the
15effective date of this Amendatory Act of 1977, to hear and
16decide the time of aftercare release for persons committed to
17the Department of Juvenile Justice under the Juvenile Court Act
18of 1987 to hear requests and make recommendations to the
19Governor with respect to pardon, reprieve or commutation, to
20set conditions for parole, aftercare release, and mandatory
21supervised release and determine whether violations of those
22conditions justify revocation of parole or release, and to
23assume all other functions previously exercised by the Illinois
24Parole and Pardon Board.
25    (m) Whenever medical treatment, service, counseling, or
26care is referred to in this Unified Code of Corrections, such

 

 

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1term may be construed by the Department or Court, within its
2discretion, to include treatment, service or counseling by a
3Christian Science practitioner or nursing care appropriate
4therewith whenever request therefor is made by a person subject
5to the provisions of this Act.
6    (n) "Victim" shall have the meaning ascribed to it in
7subsection (a) of Section 3 of the Bill of Rights for Victims
8and Witnesses of Violent Crime Act.
9    (o) "Wrongfully imprisoned person" means a person who has
10been discharged from a prison of this State and has received:
11        (1) a pardon from the Governor stating that such pardon
12    is issued on the ground of innocence of the crime for which
13    he or she was imprisoned; or
14        (2) a certificate of innocence from the Circuit Court
15    as provided in Section 2-702 of the Code of Civil
16    Procedure.
17(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1898-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 
19    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
20    Sec. 3-2-2. Powers and Duties of the Department.
21    (1) In addition to the powers, duties and responsibilities
22which are otherwise provided by law, the Department shall have
23the following powers:
24        (a) To accept persons committed to it by the courts of
25    this State for care, custody, treatment and

 

 

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1    rehabilitation, and to accept federal prisoners and aliens
2    over whom the Office of the Federal Detention Trustee is
3    authorized to exercise the federal detention function for
4    limited purposes and periods of time.
5        (b) To develop and maintain reception and evaluation
6    units for purposes of analyzing the custody and
7    rehabilitation needs of persons committed to it and to
8    assign such persons to institutions and programs under its
9    control or transfer them to other appropriate agencies. In
10    consultation with the Department of Alcoholism and
11    Substance Abuse (now the Department of Human Services), the
12    Department of Corrections shall develop a master plan for
13    the screening and evaluation of persons committed to its
14    custody who have alcohol or drug abuse problems, and for
15    making appropriate treatment available to such persons;
16    the Department shall report to the General Assembly on such
17    plan not later than April 1, 1987. The maintenance and
18    implementation of such plan shall be contingent upon the
19    availability of funds.
20        (b-1) To create and implement, on January 1, 2002, a
21    pilot program to establish the effectiveness of
22    pupillometer technology (the measurement of the pupil's
23    reaction to light) as an alternative to a urine test for
24    purposes of screening and evaluating persons committed to
25    its custody who have alcohol or drug problems. The pilot
26    program shall require the pupillometer technology to be

 

 

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1    used in at least one Department of Corrections facility.
2    The Director may expand the pilot program to include an
3    additional facility or facilities as he or she deems
4    appropriate. A minimum of 4,000 tests shall be included in
5    the pilot program. The Department must report to the
6    General Assembly on the effectiveness of the program by
7    January 1, 2003.
8        (b-5) To develop, in consultation with the Department
9    of State Police, a program for tracking and evaluating each
10    inmate from commitment through release for recording his or
11    her gang affiliations, activities, or ranks.
12        (c) To maintain and administer all State correctional
13    institutions and facilities under its control and to
14    establish new ones as needed. Pursuant to its power to
15    establish new institutions and facilities, the Department
16    may, with the written approval of the Governor, authorize
17    the Department of Central Management Services to enter into
18    an agreement of the type described in subsection (d) of
19    Section 405-300 of the Department of Central Management
20    Services Law (20 ILCS 405/405-300). The Department shall
21    designate those institutions which shall constitute the
22    State Penitentiary System.
23        Pursuant to its power to establish new institutions and
24    facilities, the Department may authorize the Department of
25    Central Management Services to accept bids from counties
26    and municipalities for the construction, remodeling or

 

 

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1    conversion of a structure to be leased to the Department of
2    Corrections for the purposes of its serving as a
3    correctional institution or facility. Such construction,
4    remodeling or conversion may be financed with revenue bonds
5    issued pursuant to the Industrial Building Revenue Bond Act
6    by the municipality or county. The lease specified in a bid
7    shall be for a term of not less than the time needed to
8    retire any revenue bonds used to finance the project, but
9    not to exceed 40 years. The lease may grant to the State
10    the option to purchase the structure outright.
11        Upon receipt of the bids, the Department may certify
12    one or more of the bids and shall submit any such bids to
13    the General Assembly for approval. Upon approval of a bid
14    by a constitutional majority of both houses of the General
15    Assembly, pursuant to joint resolution, the Department of
16    Central Management Services may enter into an agreement
17    with the county or municipality pursuant to such bid.
18        (c-5) To build and maintain regional juvenile
19    detention centers and to charge a per diem to the counties
20    as established by the Department to defray the costs of
21    housing each minor in a center. In this subsection (c-5),
22    "juvenile detention center" means a facility to house
23    minors during pendency of trial who have been transferred
24    from proceedings under the Juvenile Court Act of 1987 to
25    prosecutions under the criminal laws of this State in
26    accordance with Section 5-805 of the Juvenile Court Act of

 

 

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1    1987, whether the transfer was by operation of law or
2    permissive under that Section. The Department shall
3    designate the counties to be served by each regional
4    juvenile detention center.
5        (d) To develop and maintain programs of control,
6    rehabilitation and employment of committed persons within
7    its institutions.
8        (d-5) To provide a pre-release job preparation program
9    for inmates at Illinois adult correctional centers.
10        (d-10) To provide educational and visitation
11    opportunities to committed persons within its institutions
12    through temporary access to content-controlled tablets
13    that may be provided as a privilege to committed persons to
14    induce or reward compliance.
15        (e) To establish a system of supervision and guidance
16    of committed persons in the community.
17        (f) To establish in cooperation with the Department of
18    Transportation to supply a sufficient number of prisoners
19    for use by the Department of Transportation to clean up the
20    trash and garbage along State, county, township, or
21    municipal highways as designated by the Department of
22    Transportation. The Department of Corrections, at the
23    request of the Department of Transportation, shall furnish
24    such prisoners at least annually for a period to be agreed
25    upon between the Director of Corrections and the Director
26    of Transportation. The prisoners used on this program shall

 

 

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1    be selected by the Director of Corrections on whatever
2    basis he deems proper in consideration of their term,
3    behavior and earned eligibility to participate in such
4    program - where they will be outside of the prison facility
5    but still in the custody of the Department of Corrections.
6    Prisoners convicted of first degree murder, or a Class X
7    felony, or armed violence, or aggravated kidnapping, or
8    criminal sexual assault, aggravated criminal sexual abuse
9    or a subsequent conviction for criminal sexual abuse, or
10    forcible detention, or arson, or a prisoner adjudged a
11    Habitual Criminal shall not be eligible for selection to
12    participate in such program. The prisoners shall remain as
13    prisoners in the custody of the Department of Corrections
14    and such Department shall furnish whatever security is
15    necessary. The Department of Transportation shall furnish
16    trucks and equipment for the highway cleanup program and
17    personnel to supervise and direct the program. Neither the
18    Department of Corrections nor the Department of
19    Transportation shall replace any regular employee with a
20    prisoner.
21        (g) To maintain records of persons committed to it and
22    to establish programs of research, statistics and
23    planning.
24        (h) To investigate the grievances of any person
25    committed to the Department, to inquire into any alleged
26    misconduct by employees or committed persons, and to

 

 

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1    investigate the assets of committed persons to implement
2    Section 3-7-6 of this Code; and for these purposes it may
3    issue subpoenas and compel the attendance of witnesses and
4    the production of writings and papers, and may examine
5    under oath any witnesses who may appear before it; to also
6    investigate alleged violations of a parolee's or
7    releasee's conditions of parole or release; and for this
8    purpose it may issue subpoenas and compel the attendance of
9    witnesses and the production of documents only if there is
10    reason to believe that such procedures would provide
11    evidence that such violations have occurred.
12        If any person fails to obey a subpoena issued under
13    this subsection, the Director may apply to any circuit
14    court to secure compliance with the subpoena. The failure
15    to comply with the order of the court issued in response
16    thereto shall be punishable as contempt of court.
17        (i) To appoint and remove the chief administrative
18    officers, and administer programs of training and
19    development of personnel of the Department. Personnel
20    assigned by the Department to be responsible for the
21    custody and control of committed persons or to investigate
22    the alleged misconduct of committed persons or employees or
23    alleged violations of a parolee's or releasee's conditions
24    of parole shall be conservators of the peace for those
25    purposes, and shall have the full power of peace officers
26    outside of the facilities of the Department in the

 

 

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1    protection, arrest, retaking and reconfining of committed
2    persons or where the exercise of such power is necessary to
3    the investigation of such misconduct or violations. This
4    subsection shall not apply to persons committed to the
5    Department of Juvenile Justice under the Juvenile Court Act
6    of 1987 on aftercare release.
7        (j) To cooperate with other departments and agencies
8    and with local communities for the development of standards
9    and programs for better correctional services in this
10    State.
11        (k) To administer all moneys and properties of the
12    Department.
13        (l) To report annually to the Governor on the committed
14    persons, institutions and programs of the Department.
15        (l-5) (Blank).
16        (m) To make all rules and regulations and exercise all
17    powers and duties vested by law in the Department.
18        (n) To establish rules and regulations for
19    administering a system of sentence credits, established in
20    accordance with Section 3-6-3, subject to review by the
21    Prisoner Review Board.
22        (o) To administer the distribution of funds from the
23    State Treasury to reimburse counties where State penal
24    institutions are located for the payment of assistant
25    state's attorneys' salaries under Section 4-2001 of the
26    Counties Code.

 

 

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1        (p) To exchange information with the Department of
2    Human Services and the Department of Healthcare and Family
3    Services for the purpose of verifying living arrangements
4    and for other purposes directly connected with the
5    administration of this Code and the Illinois Public Aid
6    Code.
7        (q) To establish a diversion program.
8        The program shall provide a structured environment for
9    selected technical parole or mandatory supervised release
10    violators and committed persons who have violated the rules
11    governing their conduct while in work release. This program
12    shall not apply to those persons who have committed a new
13    offense while serving on parole or mandatory supervised
14    release or while committed to work release.
15        Elements of the program shall include, but shall not be
16    limited to, the following:
17            (1) The staff of a diversion facility shall provide
18        supervision in accordance with required objectives set
19        by the facility.
20            (2) Participants shall be required to maintain
21        employment.
22            (3) Each participant shall pay for room and board
23        at the facility on a sliding-scale basis according to
24        the participant's income.
25            (4) Each participant shall:
26                (A) provide restitution to victims in

 

 

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1            accordance with any court order;
2                (B) provide financial support to his
3            dependents; and
4                (C) make appropriate payments toward any other
5            court-ordered obligations.
6            (5) Each participant shall complete community
7        service in addition to employment.
8            (6) Participants shall take part in such
9        counseling, educational and other programs as the
10        Department may deem appropriate.
11            (7) Participants shall submit to drug and alcohol
12        screening.
13            (8) The Department shall promulgate rules
14        governing the administration of the program.
15        (r) To enter into intergovernmental cooperation
16    agreements under which persons in the custody of the
17    Department may participate in a county impact
18    incarceration program established under Section 3-6038 or
19    3-15003.5 of the Counties Code.
20        (r-5) (Blank).
21        (r-10) To systematically and routinely identify with
22    respect to each streetgang active within the correctional
23    system: (1) each active gang; (2) every existing inter-gang
24    affiliation or alliance; and (3) the current leaders in
25    each gang. The Department shall promptly segregate leaders
26    from inmates who belong to their gangs and allied gangs.

 

 

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1    "Segregate" means no physical contact and, to the extent
2    possible under the conditions and space available at the
3    correctional facility, prohibition of visual and sound
4    communication. For the purposes of this paragraph (r-10),
5    "leaders" means persons who:
6            (i) are members of a criminal streetgang;
7            (ii) with respect to other individuals within the
8        streetgang, occupy a position of organizer,
9        supervisor, or other position of management or
10        leadership; and
11            (iii) are actively and personally engaged in
12        directing, ordering, authorizing, or requesting
13        commission of criminal acts by others, which are
14        punishable as a felony, in furtherance of streetgang
15        related activity both within and outside of the
16        Department of Corrections.
17    "Streetgang", "gang", and "streetgang related" have the
18    meanings ascribed to them in Section 10 of the Illinois
19    Streetgang Terrorism Omnibus Prevention Act.
20        (s) To operate a super-maximum security institution,
21    in order to manage and supervise inmates who are disruptive
22    or dangerous and provide for the safety and security of the
23    staff and the other inmates.
24        (t) To monitor any unprivileged conversation or any
25    unprivileged communication, whether in person or by mail,
26    telephone, or other means, between an inmate who, before

 

 

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1    commitment to the Department, was a member of an organized
2    gang and any other person without the need to show cause or
3    satisfy any other requirement of law before beginning the
4    monitoring, except as constitutionally required. The
5    monitoring may be by video, voice, or other method of
6    recording or by any other means. As used in this
7    subdivision (1)(t), "organized gang" has the meaning
8    ascribed to it in Section 10 of the Illinois Streetgang
9    Terrorism Omnibus Prevention Act.
10        As used in this subdivision (1)(t), "unprivileged
11    conversation" or "unprivileged communication" means a
12    conversation or communication that is not protected by any
13    privilege recognized by law or by decision, rule, or order
14    of the Illinois Supreme Court.
15        (u) To establish a Women's and Children's Pre-release
16    Community Supervision Program for the purpose of providing
17    housing and services to eligible female inmates, as
18    determined by the Department, and their newborn and young
19    children.
20        (u-5) To issue an order, whenever a person committed to
21    the Department absconds or absents himself or herself,
22    without authority to do so, from any facility or program to
23    which he or she is assigned. The order shall be certified
24    by the Director, the Supervisor of the Apprehension Unit,
25    or any person duly designated by the Director, with the
26    seal of the Department affixed. The order shall be directed

 

 

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1    to all sheriffs, coroners, and police officers, or to any
2    particular person named in the order. Any order issued
3    pursuant to this subdivision (1) (u-5) shall be sufficient
4    warrant for the officer or person named in the order to
5    arrest and deliver the committed person to the proper
6    correctional officials and shall be executed the same as
7    criminal process.
8        (v) To do all other acts necessary to carry out the
9    provisions of this Chapter.
10    (2) The Department of Corrections shall by January 1, 1998,
11consider building and operating a correctional facility within
12100 miles of a county of over 2,000,000 inhabitants, especially
13a facility designed to house juvenile participants in the
14impact incarceration program.
15    (3) When the Department lets bids for contracts for medical
16services to be provided to persons committed to Department
17facilities by a health maintenance organization, medical
18service corporation, or other health care provider, the bid may
19only be let to a health care provider that has obtained an
20irrevocable letter of credit or performance bond issued by a
21company whose bonds have an investment grade or higher rating
22by a bond rating organization.
23    (4) When the Department lets bids for contracts for food or
24commissary services to be provided to Department facilities,
25the bid may only be let to a food or commissary services
26provider that has obtained an irrevocable letter of credit or

 

 

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1performance bond issued by a company whose bonds have an
2investment grade or higher rating by a bond rating
3organization.
4    (5) On and after the date 6 months after August 16, 2013
5(the effective date of Public Act 98-488), as provided in the
6Executive Order 1 (2012) Implementation Act, all of the powers,
7duties, rights, and responsibilities related to State
8healthcare purchasing under this Code that were transferred
9from the Department of Corrections to the Department of
10Healthcare and Family Services by Executive Order 3 (2005) are
11transferred back to the Department of Corrections; however,
12powers, duties, rights, and responsibilities related to State
13healthcare purchasing under this Code that were exercised by
14the Department of Corrections before the effective date of
15Executive Order 3 (2005) but that pertain to individuals
16resident in facilities operated by the Department of Juvenile
17Justice are transferred to the Department of Juvenile Justice.
18(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
1997-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
208-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)