(730 ILCS 5/3-2-12) Sec. 3-2-12. Report of violence in Department of Corrections institutions and facilities; public safety reports. (a) The Department of Corrections shall collect and report: (1) data on a rate per 100 of committed persons |
| regarding violence within Department institutions and facilities as defined under the terms, if applicable, in 20 Ill. Adm. Code 504 as follows:
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(A) committed person on committed person assaults;
(B) committed person on correctional staff
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(C) dangerous contraband, including weapons,
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| explosives, dangerous chemicals, or other dangerous weapons;
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(D) committed person on committed person fights;
(E) multi-committed person on single committed
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(F) committed person use of a weapon on
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(G) committed person use of a weapon on
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(H) sexual assault committed by a committed
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| person against another committed person, correctional staff, or visitor;
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(I) sexual assault committed by correctional
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| staff against another correctional staff, committed person, or visitor;
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(J) correctional staff use of physical force;
(K) forced cell extraction;
(L) use of oleoresin capsaicin (pepper spray),
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| 2-chlorobenzalmalononitrile (CS gas), or other control agents or implements;
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(M) committed person suicide and attempted
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(N) requests and placements in protective
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(O) committed persons in segregation, secured
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| housing, and restrictive housing; and
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(2) data on average length of stay in segregation,
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| secured housing, and restrictive housing.
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(b)
The Department of Corrections shall collect and report:
(1) data on a rate per 100 of committed persons
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| regarding public safety as follows:
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(A) committed persons released directly from
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| segregation secured housing and restrictive housing to the community;
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(B) the types of housing facilities, whether
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| private residences, transitional housing, homeless shelters, or other, to which committed persons are released from Department correctional institutions and facilities;
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(C) committed persons in custody who have
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| completed evidence-based programs, including:
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(i) educational;
(ii) vocational;
(iii) chemical dependency;
(iv) sex offender treatment; or
(v) cognitive behavioral;
(D) committed persons who are being held in
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| custody past their mandatory statutory release date and the reasons for their continued confinement;
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(E) parole and mandatory supervised release
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| revocation rate by county and reasons for revocation; and
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(F) committed persons on parole or mandatory
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| supervised release who have completed evidence-based programs, including:
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(A) educational;
(B) vocational;
(C) chemical dependency;
(D) sex offender treatment; or
(E) cognitive behavioral; and
(2) data on the average daily population and vacancy
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| rate of each Adult Transition Center and work camp.
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(c) The data provided under subsections (a) and (b) of this Section shall be included in the Department of Corrections quarterly report to the General Assembly under Section 3-5-3.1 of this Code and shall include an aggregate
chart at the agency level and individual reports by each correctional institution or facility of the Department of Corrections.
(d) The Director of Corrections shall ensure that the agency level data is reviewed by the Director's executive team on a quarterly basis. The correctional institution or facility's executive team and each chief administrative officer of the correctional institution or facility shall examine statewide and
local data at least quarterly. During these reviews, each chief administrative officer shall:
(1) identify trends;
(2) develop action items to mitigate the root causes
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(3) establish committees at each correctional
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| institution or facility which shall review the violence data on a quarterly basis and develop action plans to reduce violence. These plans shall include a wide range of strategies to incentivize good conduct.
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(Source: P.A. 100-907, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(730 ILCS 5/3-2.5-15) Sec. 3-2.5-15. Department of Juvenile Justice; assumption of duties of the Juvenile Division. (a) The Department of Juvenile Justice shall assume the rights, powers, duties, and responsibilities of the Juvenile Division of the Department of Corrections. Personnel, books, records, property, and unencumbered appropriations pertaining to the Juvenile Division of the Department of Corrections shall be transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. Any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer. (b) Department of Juvenile Justice personnel who are hired by the Department on or after the effective date of this amendatory Act of the 94th General Assembly and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must: (1) be over the age of 21 and (2) have a high school diploma or equivalent and either (A) a bachelor's or advanced degree from an accredited college or university or (B) 2 or more years of experience providing
direct care to youth in the form of residential care,
coaching, case management, or mentoring. This requirement shall not apply to security, clerical, food service, and maintenance staff that do not have direct and regular contact with youth. The degree requirements specified in this subsection (b) are not required of persons who provide vocational training and who have adequate knowledge in the skill for which they are providing the vocational training. (c) Subsection (b) of this Section does not apply to personnel transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. (d) The Department shall be under the direction of the Director of Juvenile Justice as provided in this Code. (e) The Director shall organize divisions within the Department and shall assign functions, powers, duties, and personnel as required by law. The Director may create other divisions and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department. The Director may, with the approval of the Office of the Governor, assign to and share functions, powers, duties, and personnel with other State agencies such that administrative services and administrative facilities are provided by a shared administrative service center. Where possible, shared services which impact youth should be done with child-serving agencies. These administrative services may include, but are not limited to, all of the following functions: budgeting, accounting related functions, auditing, human resources, legal, procurement, training, data collection and analysis, information technology, internal investigations, intelligence, legislative services, emergency response capability, statewide transportation services, and general office support. (f) The Department of Juvenile Justice may enter into intergovernmental cooperation agreements under which minors adjudicated delinquent and committed to the Department of Juvenile Justice may participate in county juvenile impact incarceration programs established under Section 3-6039 of the Counties Code.
(g) The Department of Juvenile Justice must comply with the ethnic and racial background data collection procedures provided in Section 4.5 of the Criminal Identification Act. (h) The Department of Juvenile Justice shall implement a wellness program to support health and wellbeing among staff and service providers within the Department of Juvenile Justice environment. The Department of Juvenile Justice shall establish response teams to provide support to employees and staff affected by events that are both duty-related and not duty-related and provide training to response team members. The Department's wellness program shall be accessible to any Department employee or service provider, including contractual employees and approved volunteers. The wellness program may include information sharing, education and activities designed to support health and well-being within the Department's environment. Access to
wellness response team support shall be voluntary and remain confidential. (Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.) |
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties. (a) In addition to the powers, duties, and responsibilities which are otherwise provided by law or transferred to the Department as a result of this Article, the Department, as determined by the Director, shall have, but is not limited to, the following rights, powers, functions, and duties: (1) To accept juveniles committed to it by the courts |
| of this State for care, custody, treatment, and rehabilitation.
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(2) To maintain and administer all State juvenile
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| youth centers previously under the control of the Juvenile and Women's & Children Divisions of the Department of Corrections, and to establish and maintain youth centers as needed to meet the needs of the youth committed to its care.
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(3) To identify the need for and recommend the
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| funding and implementation of an appropriate mix of programs and services within the juvenile justice continuum, including, but not limited to, prevention, nonresidential and residential commitment programs, day treatment, and conditional release programs and services, with the support of educational, vocational, alcohol, drug abuse, and mental health services where appropriate.
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(3.5) To assist youth committed to the Department of
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| Juvenile Justice under the Juvenile Court Act of 1987 with successful reintegration into society, the Department shall retain custody and control of all adjudicated delinquent juveniles released under Section 3-2.5-85 or 3-3-10 of this Code, shall provide a continuum of post-release treatment and services to those youth, and shall supervise those youth during their release period in accordance with the conditions set by the Department or the Prisoner Review Board.
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(4) To establish and provide transitional and
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| post-release treatment programs for juveniles committed to the Department. Services shall include, but are not limited to:
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(i) family and individual counseling and
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(ii) referral services to any other State or
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(iii) mental health services;
(iv) educational services;
(v) family counseling services; and
(vi) substance abuse services.
(5) To access vital records of juveniles for the
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| purposes of providing necessary documentation for transitional services such as obtaining identification, educational enrollment, employment, and housing.
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(6) To develop staffing and workload standards and
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| coordinate staff development and training appropriate for juvenile populations.
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(6.5) To develop policies and procedures promoting
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| family engagement and visitation appropriate for juvenile populations.
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(7) To develop, with the approval of the Office of
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| the Governor and the Governor's Office of Management and Budget, annual budget requests.
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(8) To administer the Interstate Compact for
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| Juveniles, with respect to all juveniles under its jurisdiction, and to cooperate with the Department of Human Services with regard to all non-offender juveniles subject to the Interstate Compact for Juveniles.
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(9) To decide the date of release on aftercare for
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| youth committed to the Department under Section 5-750 of the Juvenile Court Act of 1987.
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(10) To set conditions of aftercare release for all
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| youth committed to the Department under the Juvenile Court Act of 1987.
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(b) The Department may employ personnel in accordance with the Personnel Code and Section 3-2.5-15 of this Code, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
(d) To maintain and administer all State youth centers and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new youth centers and facilities, the Department may, with the written approval of the Governor, authorize the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law. The Department shall designate those institutions which shall constitute the Youth Corrections System.
Pursuant to its power to establish new institutions and facilities, the Department may authorize the Department of Central Management Services to accept bids from counties and municipalities for the construction, remodeling or conversion of a structure to be leased to the Department of Juvenile Justice for the purposes of its serving as a youth center or facility. Such construction, remodeling or conversion may be financed with revenue bonds issued pursuant to the Industrial Building Revenue Bond Act by the municipality or county. The lease specified in a bid shall be for a term of not less than the time needed to retire any revenue bonds used to finance the project, but not to exceed 40 years. The lease may grant to the State the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify one or more of the bids and shall submit any such bids to the General Assembly for approval. Upon approval of a bid by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement with the county or municipality pursuant to such bid.
(Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21; 102-558, eff. 8-20-21.)
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