Full Text of HB3712 100th General Assembly
HB3712enr 100TH GENERAL ASSEMBLY |
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| 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 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 | 9 | | designated by the Director to exercise the powers and duties of | 10 | | the
Department of Corrections in regard to committed persons | 11 | | within
a correctional institution or facility, and includes the
| 12 | | superintendent of any juvenile institution or facility.
| 13 | | (a-3) "Aftercare release" means the conditional and | 14 | | revocable release of a person committed to the Department of | 15 | | Juvenile Justice under the Juvenile Court Act of 1987, under | 16 | | the supervision of the Department of Juvenile Justice. | 17 | | (a-5) "Sex offense" for the purposes of paragraph (16) of | 18 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection | 19 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 20 | | Section 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 | 6 | | state
that is substantially equivalent to any offense listed in | 7 | | this
subsection (a-5) shall constitute a sex offense for the | 8 | | purpose of
this subsection (a-5). A finding or adjudication as | 9 | | a sexually dangerous person under
any federal law or law of | 10 | | another state that is substantially equivalent to the
Sexually | 11 | | Dangerous Persons Act shall constitute an adjudication for a | 12 | | sex offense for the
purposes of this subsection (a-5).
| 13 | | (b) "Commitment" means a judicially determined placement
| 14 | | in the custody of the Department of Corrections on the basis of
| 15 | | delinquency or conviction.
| 16 | | (c) "Committed person" is a person committed to the | 17 | | Department,
however a committed person shall not be considered | 18 | | to be an employee of
the Department of Corrections for any | 19 | | purpose, including eligibility for
a pension, benefits, or any | 20 | | other compensation or rights or privileges which
may be | 21 | | provided to employees of the Department.
| 22 | | (c-5) "Computer scrub software" means any third-party | 23 | | added software, designed to delete information from the | 24 | | computer unit, the hard drive, or other software, which would | 25 | | eliminate and prevent discovery of browser activity, including | 26 | | but not limited to Internet history, address bar or bars, cache |
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| 1 | | or caches, and/or cookies, and which would over-write files in | 2 | | a way so as to make previous computer activity, including but | 3 | | not limited to website access, more difficult to discover. | 4 | | (c-10) "Content-controlled tablet" means any device that | 5 | | can only access visitation applications or content relating to | 6 | | educational or personal development. | 7 | | (d) "Correctional institution or facility" means any | 8 | | building or
part of a building where committed persons are kept | 9 | | in a secured manner.
| 10 | | (e) "Department" means both the Department of Corrections | 11 | | and the Department of Juvenile Justice of this State, unless | 12 | | the context is specific to either the Department of Corrections | 13 | | or the Department of Juvenile Justice.
| 14 | | (f) "Director" means both the Director of Corrections and | 15 | | the Director of Juvenile Justice, unless the context is | 16 | | specific to either the Director of Corrections or the Director | 17 | | of Juvenile Justice.
| 18 | | (f-5) (Blank).
| 19 | | (g) "Discharge" means the final termination of a commitment
| 20 | | to the Department of Corrections.
| 21 | | (h) "Discipline" means the rules and regulations for the
| 22 | | maintenance of order and the protection of persons and property
| 23 | | within the institutions and facilities of the Department and
| 24 | | their enforcement.
| 25 | | (i) "Escape" means the intentional and unauthorized | 26 | | absence
of a committed person from the custody of the |
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| 1 | | Department.
| 2 | | (j) "Furlough" means an authorized leave of absence from | 3 | | the
Department of Corrections for a designated purpose and | 4 | | period of time.
| 5 | | (k) "Parole" means the conditional and revocable release
of | 6 | | a person committed to the Department of Corrections under the | 7 | | supervision of a parole officer.
| 8 | | (l) "Prisoner Review Board" means the Board established in
| 9 | | Section 3-3-1(a), independent of the Department, to review
| 10 | | rules and regulations with respect to good time credits, to
| 11 | | hear charges brought by the Department against certain | 12 | | prisoners
alleged to have violated Department rules with | 13 | | respect to good
time credits, to set release dates for certain | 14 | | prisoners
sentenced under the law in effect prior to the | 15 | | effective
date of this Amendatory Act of 1977, to hear and | 16 | | decide the time of aftercare release for persons committed to | 17 | | the Department of Juvenile Justice under the Juvenile Court Act | 18 | | of 1987 to hear requests and
make recommendations to the | 19 | | Governor with respect to pardon,
reprieve or commutation, to | 20 | | set conditions for parole, aftercare release, and
mandatory | 21 | | supervised release and determine whether violations
of those | 22 | | conditions justify revocation of parole or release,
and to | 23 | | assume all other functions previously exercised by the
Illinois | 24 | | Parole and Pardon Board.
| 25 | | (m) Whenever medical treatment, service, counseling, or
| 26 | | care is referred to in this Unified Code of Corrections,
such |
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| 1 | | term may be construed by the Department or Court, within
its | 2 | | discretion, to include treatment, service or counseling by
a | 3 | | Christian Science practitioner or nursing care appropriate
| 4 | | therewith whenever request therefor is made by a person subject
| 5 | | to the provisions of this Act.
| 6 | | (n) "Victim" shall have the meaning ascribed to it in | 7 | | subsection (a) of
Section 3 of the Bill of Rights for Victims | 8 | | and Witnesses of Violent Crime Act.
| 9 | | (o) "Wrongfully imprisoned person" means a person who has | 10 | | been 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; | 18 | | 98-558, 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 | 22 | | which are
otherwise provided by law, the Department shall have | 23 | | the 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, | 11 | | consider
building and operating a correctional facility within | 12 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 13 | | a facility designed to house juvenile
participants in the | 14 | | impact incarceration program.
| 15 | | (3) When the Department lets bids for contracts for medical
| 16 | | services to be provided to persons committed to Department | 17 | | facilities by
a health maintenance organization, medical | 18 | | service corporation, or other
health care provider, the bid may | 19 | | only be let to a health care provider
that has obtained an | 20 | | irrevocable letter of credit or performance bond
issued by a | 21 | | company whose bonds have an investment grade or higher rating | 22 | | by a bond rating
organization.
| 23 | | (4) When the Department lets bids for
contracts for food or | 24 | | commissary services to be provided to
Department facilities, | 25 | | the bid may only be let to a food or commissary
services | 26 | | provider that has obtained an irrevocable letter of
credit or |
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| 1 | | performance bond issued by a company whose bonds have an | 2 | | investment grade or higher rating by a bond rating | 3 | | organization.
| 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 | 6 | | Executive Order 1 (2012) Implementation Act, all of the powers, | 7 | | duties, rights, and responsibilities related to State | 8 | | healthcare purchasing under this Code that were transferred | 9 | | from the Department of Corrections to the Department of | 10 | | Healthcare and Family Services by Executive Order 3 (2005) are | 11 | | transferred back to the Department of Corrections; however, | 12 | | powers, duties, rights, and responsibilities related to State | 13 | | healthcare purchasing under this Code that were exercised by | 14 | | the Department of Corrections before the effective date of | 15 | | Executive Order 3 (2005) but that pertain to individuals | 16 | | resident in facilities operated by the Department of Juvenile | 17 | | Justice are transferred to the Department of Juvenile Justice. | 18 | | (Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12; | 19 | | 97-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff. | 20 | | 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
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