730 ILCS 5/ Unified Code of Corrections.

(730 ILCS 5/3-6-3.1)

Sec. 3-6-3.1. (Repealed).

(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 92-850, eff. 8-26-02.)

(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)

Sec. 3-6-4. Enforcement of Discipline - Escape.

(a) A committed person who escapes or attempts to escape from an institution or facility of the Department of Corrections, or escapes or attempts to escape while in the custody of an employee of the Department of Corrections, or holds or participates in the holding of any person as a hostage by force, threat or violence, or while participating in any disturbance, demonstration or riot, causes, directs or participates in the destruction of any property is guilty of a Class 2 felony. A committed person who fails to return from furlough or from work and day release is guilty of a Class 3 felony.

(b) If one or more committed persons injures or attempts to injure in a violent manner any employee, officer, guard, other peace officer or any other committed person or damages or attempts to damage any building or workshop, or any appurtenances thereof, or attempts to escape, or disobeys or resists any lawful command, the employees, officers, guards and other peace officers shall use all suitable means to defend themselves, to enforce the observance of discipline, to secure the persons of the offenders, and prevent such attempted violence or escape; and said employees, officers, guards, or other peace officers, or any of them, shall, in the attempt to prevent the escape of any such person, or in attempting to retake any such person who has escaped, or in attempting to prevent or suppress violence by a committed person against another person, a riot, revolt, mutiny or insurrection, be justified in the use of force, including force likely to cause death or great bodily harm under Section 7-8 of the Criminal Code of 2012 which he reasonably believed necessary.

As used in this Section, "committed person" includes a person held in detention in a secure facility or committed as a sexually violent person and held in a secure facility under the Sexually Violent Persons Commitment Act; and "peace officer" means any officer or member of any duly organized State, county or municipal police unit or police force.

(c) The Department shall establish procedures to provide immediate notification of the escape of any person, as defined in subsection (a) of this Section, to the persons specified in subsection (c) of Section 3-14-1 of this Code.

(Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)

(730 ILCS 5/3-6-5) (from Ch. 38, par. 1003-6-5)

Sec. 3-6-5. Crimes Committed by Persons Confined by the Department.

When any person is charged with committing an offense while confined by the Department, cognizance thereof shall be taken by the circuit court of the county wherein such crime was committed. Such court shall adjudicate and sentence the person charged with such crime in the same manner and subject to the same rules and limitations as are now established by law in relation to other persons charged with crime. The expense of prosecution shall be paid by the Department.

(Source: P.A. 77-2097.)

(730 ILCS 5/3-6-6) (from Ch. 38, par. 1003-6-6)

Sec. 3-6-6. Computer assisted literacy program.

(a) The Director, with the approval of and acting through the Department of Central Management Services, shall enter into an agreement with a major international manufacturer of computers by which that manufacturer (i) shall loan to the Department and install in a correctional facility equipment to implement a computer assisted literacy pilot program and (ii) shall aid in the implementation of that pilot program. The configuration of the computer equipment utilized in the pilot program shall be similar to that installed in other correctional facilities. The Director and the manufacturer shall designate the correctional facility in which the pilot program shall be established.

(b) The computer assisted literacy pilot program shall be conducted for not less than 6 months. The Department shall establish criteria for evaluating the pilot program, based on criteria used in other states for evaluating computer assisted literacy programs in correctional facilities in those states.

(c) The computer assisted literacy pilot program instructor shall submit periodic reports to the Director concerning utilization of the pilot program, benefits of the pilot program, and progress made by committed persons participating in the pilot program. The Director shall promptly forward these reports to the General Assembly.

(d) Not later than 6 months after the conclusion of the computer assisted literacy pilot program, the Director shall report the results of the pilot program to the General Assembly. The General Assembly shall thereupon evaluate the effectiveness of the pilot program.

(e) After the conclusion of the computer assisted literacy pilot program, the Department, with the approval of and acting through the Department of Central Management Services, may purchase the equipment utilized in the pilot program, subject to the availability of monies appropriated to the Department for that purpose.

(Source: P.A. 87-635.)

(730 ILCS 5/3-6-7)

(Text of Section before amendment by P.A. 103-745)

Sec. 3-6-7. Pregnant female committed persons. Notwithstanding any other statute, directive, or administrative regulation, when a pregnant female committed person is brought to a hospital from an Illinois correctional center for the purpose of delivering her baby, no handcuffs, shackles, or restraints of any kind may be used during her transport to a medical facility for the purpose of delivering her baby. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female committed person who is in labor. Upon the pregnant female committed person's entry to the hospital delivery room, a correctional officer must be posted immediately outside the delivery room. The Department must provide for adequate personnel to monitor the pregnant female committed person during her transport to and from the hospital and during her stay at the hospital.

(Source: P.A. 91-253, eff. 1-1-00.)

(Text of Section after amendment by P.A. 103-745)

Sec. 3-6-7. Pregnant committed persons.

(a) The Department shall not apply security restraints to a committed person that has been determined by a qualified medical professional to be pregnant or otherwise is known by the Department to be pregnant or in postpartum recovery, unless the correctional official makes an individualized determination that the committed person presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the committed person, the committed person's child or unborn child, the staff of the Department or medical facility, other committed persons, or the public. The protections set out in paragraphs (3) and (4) of this Section shall apply to security restraints used as provided in this subsection. The correctional officer employed by the Department shall immediately remove all restraints and approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(1) Qualified authorized health staff shall have the authority to order therapeutic restraints for a pregnant or postpartum committed person who is a danger to the committed person, the committed person's child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored, and discontinued by qualified and authorized health staff and used to safely limit a committed person's mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the committed person, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints.

(2) Whenever therapeutic restraints are used by medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply.

(3) Leg irons, shackles or waist shackles shall not be used on any pregnant or postpartum committed person regardless of security classification. Except for therapeutic restraints under paragraph (2) of subsection (b), no restraints of any kind may be applied to committed persons during labor.

(4) When a pregnant or postpartum committed person must be restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the committed person, the committed person's child, unborn child, the staff of the Department or medical facility, other committed persons, or the public, and in no case shall include leg irons, shackles, or waist shackles.

(5) Upon the pregnant committed person's entry into a hospital room, and completion of initial room inspection, a correctional officer shall be posted immediately outside the hospital room unless requested to be in the room by medical personnel attending to the committed person's medical needs.

(6) The Department shall provide adequate corrections personnel to monitor the pregnant committed person during the committed person's transport to and from the hospital and during the committed person's stay at the hospital.

(7) Where the correctional institution or facility requires committed person safety assessments, a correctional official may enter the hospital room to conduct periodic committed person safety assessments, except during a medical examination or the delivery process.

(b) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance where a pregnant or postpartum committed person had restraints used pursuant to this Section during the previous fiscal year. The written report shall state the date, time, location, and rationale for each instance in which restraints are used. The written report shall include information provided to the Jail and Detention Standards Unit by each county department of corrections and county jail. The Department's written report shall also include information on county department of corrections and county jails that did not report as required. The written report shall not contain any individually identifying information of any committed person. The report shall be made available for public inspection.

(c) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes the number of pregnant committed persons in custody each year and the number of people who deliver or miscarry while in custody. The written report shall include information provided to the Jail and Detention Standards Unit by each county department of corrections and county jail. The Department's written report shall also include information on county department of corrections and county jails that did not report as required. The written report shall not contain any individually identifying information of a committed person. The written report shall be made available for public inspection.

(Source: P.A. 103-745, eff. 1-1-25.)

(730 ILCS 5/3-6-7.1)

Sec. 3-6-7.1. Correctional officer training related to pregnant committed persons.

(a) The Department shall provide training relating to medical and mental health care issues applicable to pregnant committed persons to:

(1) each correctional officer employed by the Department at a correctional institution or facility in which female committed persons are confined; and

(2) any other Department employee whose duties involve contact with pregnant committed persons.

(b) The training must include information regarding:

(1) appropriate care for pregnant committed persons; and

(2) the impact on a pregnant committed person and the committed person's unborn child of:

(A) the use of restraints;

(B) placement in administrative segregation; and

(C) invasive searches.

(Source: P.A. 101-652, eff. 7-1-21.)

(730 ILCS 5/3-6-7.2)

(Text of Section before amendment by P.A. 103-745)

Sec. 3-6-7.2. Educational programming for pregnant committed persons. The Department shall develop and provide to each pregnant committed person educational programming relating to pregnancy and parenting. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)

(Text of Section after amendment by P.A. 103-745)

Sec. 3-6-7.2. Educational programming and information for pregnant committed persons.

(a) The Department shall develop and provide to each pregnant committed person educational programming relating to pregnancy and parenting. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(b) The Department shall provide informational materials concerning the laws pertaining to pregnant committed persons to any pregnant or postpartum individual. The Department of Public Health and community-based organizations specializing in the rights of pregnant committed persons shall provide these informational materials to the warden at no cost to the Department of Corrections or the Department of Juvenile Justice. The informational materials must include information regarding:

(1) the prohibition against the use of restraints;

(2) rules concerning the treatment of pregnant committed persons, including those relating to bed height and supplemental nutrition;

(3) the right to spend time with a child following delivery;

(4) the requirement to provide educational programming;

(5) all rights under the Reproductive Health Act;

(6) the procedure for obtaining an abortion, if so desired;

(7) the procedure for obtaining information about guardianship or adoption resources, if so desired;

(8) any new or additional laws concerning the rights of pregnant committed persons; and

(9) the address or contact information for community organizations specializing in the rights of pregnant committed persons for questions or concerns.

(c) The Department must also post informational flyers provided by the Department of Public Health wherever pregnant committed persons may be housed.

(Source: P.A. 102-813, eff. 5-13-22; 103-745, eff. 1-1-25.)

(730 ILCS 5/3-6-7.3)

(Text of Section before amendment by P.A. 103-745)

Sec. 3-6-7.3. Committed person post-partum recovery requirements. The Department shall ensure that, for a period of 72 hours after the birth of an infant by a committed person:

(1) the infant is allowed to remain with the committed person, unless a medical professional determines doing so would pose a health or safety risk to the committed person or infant based on information only available to the Department. The mental health professional shall make any such determination on an individualized basis and in consultation with the birthing team of the pregnant person and the Chief of the Women's Division. The birthing team shall include the committed person's perinatal care providers and doula, if available; and

(2) the committed person has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)

(Text of Section after amendment by P.A. 103-745)

Sec. 3-6-7.3. Committed person postpartum recovery requirements. The Department shall ensure that, for a period of 72 hours after the birth of an infant by a committed person:

(1) the infant is allowed to remain with the committed person, unless a medical professional determines doing so would pose a health or safety risk to the committed person or infant based on information only available to the Department. The mental health professional shall make any such determination on an individualized basis and in consultation with the birthing team of the pregnant person and the Chief of the Women's Division. The birthing team shall include the committed person's perinatal care providers and doula, if available; and

(2) the committed person has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23; 103-745, eff. 1-1-25.)

(730 ILCS 5/3-6-7.4)

Sec. 3-6-7.4. Housing requirements applicable to pregnant committed persons.

(a) The Department may not place in administrative segregation a committed person who is pregnant or who gave birth during the preceding 30 days unless the Director or the Director's designee determines that the placement is necessary based on a reasonable belief that the committed person will harm herself, the committed person's infant, or any other person or will attempt escape.

(b) The Department may not assign a pregnant committed person to any bed that is elevated more than 3 feet above the floor.

(Source: P.A. 101-652, eff. 7-1-21.)

(730 ILCS 5/3-6-7.5)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 3-6-7.5. Supplemental nutrition during pregnancy or lactation. A committed person who is pregnant or lactating, including a committed person who is nursing a baby or pumping breastmilk, shall be provided supplemental nutrition of at least 300 calories per day. This supplemental nutrition shall be in addition to any regularly provided food and shall be available outside of regular mealtimes.

(Source: P.A. 103-745, eff. 1-1-25.)

(730 ILCS 5/3-6-7.6)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 3-6-7.6. Medical screening; pregnancy test. When a person with a uterus is committed to a facility, the person shall within 14 days be given a medical screening and offered a pregnancy test.

(Source: P.A. 103-745, eff. 1-1-25.)

(730 ILCS 5/3-6-8)

Sec. 3-6-8. High school equivalency testing programs. The Department of Corrections shall develop and establish a program in the Adult Division designed to increase the number of committed persons enrolled in programs for high school equivalency testing and pursuing State of Illinois High School Diplomas by at least 100% over the 4-year period following the effective date of this amendatory Act of the 94th General Assembly. Pursuant to the program, each adult institution and facility shall report annually to the Director of Corrections on the number of committed persons enrolled in high school equivalency testing programs and those who pass high school equivalency testing, and the number of committed persons in the Adult Division who are on waiting lists for participation in the high school equivalency testing programs.

(Source: P.A. 102-1100, eff. 1-1-23.)

(730 ILCS 5/Ch. III Art. 7 heading) ARTICLE 7. FACILITIES

(730 ILCS 5/3-7-1) (from Ch. 38, par. 1003-7-1)

Sec. 3-7-1. Administrative Regulations. The Department shall promulgate Rules and Regulations in conformity with this Code.

(Source: P.A. 77-2097.)