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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB4124enr HB4124 Enrolled LRB9111987RCmb 1 AN ACT in relation to corrections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 10. The Unified Code of Corrections is amended 5 by changing Sections 3-2-5, 3-6-2, and 3-7-2 and adding 6 Section 3-6-2.5 as follows: 7 (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5) 8 Sec. 3-2-5. Organization of the Department. 9 (a) There shall be an Adult Division within the 10 Department which shall be administered by an Assistant 11 Director appointed by the Governor under The Civil 12 Administrative Code of Illinois. The Assistant Director shall 13 be under the direction of the Director. The Adult Division 14 shall be responsible for all persons committed or transferred 15 to the Department under Sections 3-10-7 or 5-8-6 of this 16 Code. 17 (b) There shall be a Juvenile Division within the 18 Department which shall be administered by an Assistant 19 Director appointed by the Governor under The Civil 20 Administrative Code of Illinois. The Assistant Director shall 21 be under the direction of the Director. The Juvenile Division 22 shall be responsible for all persons committed to the 23 Juvenile Division of the Department under Section 5-8-6 of 24 this Code or Section 5-10 of the Juvenile Court Act or 25 Section 5-750 of the Juvenile Court Act of 1987. 26 (c) The Department shall create a gang intelligence unit 27 under the supervision of the Director. The unit shall be 28 specifically designed to gather information regarding the 29 inmate gang population, monitor the activities of gangs, and 30 prevent the furtherance of gang activities through the 31 development and implementation of policies aimed at deterring HB4124 Enrolled -2- LRB9111987RCmb 1 gang activity. The Director shall appoint a Corrections 2 Intelligence Coordinator. 3 All information collected and maintained by the unit 4 shall be highly confidential, and access to that information 5 shall be restricted by the Department. The information shall 6 be used to control and limit the activities of gangs within 7 correctional institutions under the jurisdiction of the 8 Illinois Department of Corrections and may be shared with 9 other law enforcement agencies in order to curb gang 10 activities outside of correctional institutions under the 11 jurisdiction of the Department and to assist in the 12 investigations and prosecutions of gang activity. The 13 Department shall establish and promulgate rules governing the 14 release of information to outside law enforcement agencies. 15 Due to the highly sensitive nature of the information, the 16 information is exempt from requests for disclosure under the 17 Freedom of Information Act as the information contained is 18 highly confidential and may be harmful if disclosed. 19 The Department shall file an annual report with the 20 General Assembly on the profile of the inmate population 21 associated with gangs, gang-related activity within 22 correctional institutions under the jurisdiction of the 23 Department, and an overall status of the unit as it relates 24 to its function and performance. 25 (Source: P.A. 90-590, eff. 1-1-99.) 26 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) 27 Sec. 3-6-2. Institutions and Facility Administration. 28 (a) Each institution and facility of the Department 29 shall be administered by a chief administrative officer 30 appointed by the Director. A chief administrative officer 31 shall be responsible for all persons assigned to the 32 institution or facility. The chief administrative officer 33 shall administer the programs of the Department for the HB4124 Enrolled -3- LRB9111987RCmb 1 custody and treatment of such persons. 2 (b) The chief administrative officer shall have such 3 assistants as the Department may assign. 4 (c) The Director or Assistant Director shall have the 5 emergency powers to temporarily transfer individuals without 6 formal procedures to any State, county, municipal or regional 7 correctional or detention institution or facility in the 8 State, subject to the acceptance of such receiving 9 institution or facility, or to designate any reasonably 10 secure place in the State as such an institution or facility 11 and to make transfers thereto. However, transfers made under 12 emergency powers shall be reviewed as soon as practicable 13 under Article 8, and shall be subject to Section 5-905 of the 14 Juvenile Court Act of 1987. This Section shall not apply to 15 transfers to the Department of Human Services which are 16 provided for under Section 3-8-5 or Section 3-10-5. 17 (d) The Department shall provide educational programs 18 for all committed persons so that all persons have an 19 opportunity to attain the achievement level equivalent to the 20 completion of the twelfth grade in the public school system 21 in this State. Other higher levels of attainment shall be 22 encouraged and professional instruction shall be maintained 23 wherever possible. The Department may establish programs of 24 mandatory education and may establish rules and regulations 25 for the administration of such programs. A person committed 26 to the Department who, during the period of his or her 27 incarceration, participates in an educational program 28 provided by or through the Department and through that 29 program is awarded or earns the number of hours of credit 30 required for the award of an associate, baccalaureate, or 31 higher degree from a community college, college, or 32 university located in Illinois shall reimburse the State, 33 through the Department, for the costs incurred by the State 34 in providing that person during his or her incarceration with HB4124 Enrolled -4- LRB9111987RCmb 1 the education that qualifies him or her for the award of that 2 degree. The costs for which reimbursement is required under 3 this subsection shall be determined and computed by the 4 Department under rules and regulations that it shall 5 establish for that purpose. However, interest at the rate of 6 6% per annum shall be charged on the balance of those costs 7 from time to time remaining unpaid, from the date of the 8 person's parole, mandatory supervised release, or release 9 constituting a final termination of his or her commitment to 10 the Department until paid. 11 (e) A person committed to the Department who becomes in 12 need of medical or surgical treatment but is incapable of 13 giving consent thereto shall receive such medical or surgical 14 treatment by the chief administrative officer consenting on 15 the person's behalf. Before the chief administrative officer 16 consents, he or she shall obtain the advice of one or more 17 physicians licensed to practice medicine in all its branches 18 in this State. If such physician or physicians advise: 19 (1) that immediate medical or surgical treatment is 20 required relative to a condition threatening to cause 21 death, damage or impairment to bodily functions, or 22 disfigurement; and 23 (2) that the person is not capable of giving 24 consent to such treatment; the chief administrative 25 officer may give consent for such medical or surgical 26 treatment, and such consent shall be deemed to be the 27 consent of the person for all purposes, including, but 28 not limited to, the authority of a physician to give such 29 treatment. 30 (f) In the event that the person requires medical care 31 and treatment at a place other than the institution or 32 facility, the person may be removed therefrom under 33 conditions prescribed by the Department. The Department shall 34 require the committed person receiving medical or dental HB4124 Enrolled -5- LRB9111987RCmb 1 services on a non-emergency basis to pay a $2 co-payment to 2 the Department for each visit for medical or dental services 3at a place other than the institution or facility. The 4 amount of each co-payment shall be deducted from the 5 committed person's individual account. A committed person who 6 has a chronic illness, as defined by Department rules and 7 regulations, shall be exempt from the $2 co-payment for 8 treatment of the chronic illness. A committed person shall 9 not be subject to a $2 co-payment for follow-up visits 10 ordered by a physician, who is employed by, or contracts 11 with, the Department. A committed person who is indigent is 12 exempt from the $2 co-payment and is entitled to receive 13 medical or dental services on the same basis as a committed 14 person who is financially able to afford the co-payment. 15 (g) Any person having sole custody of a child at the 16 time of commitment or any woman giving birth to a child after 17 her commitment, may arrange through the Department of 18 Children and Family Services for suitable placement of the 19 child outside of the Department of Corrections. The Director 20 of the Department of Corrections may determine that there are 21 special reasons why the child should continue in the custody 22 of the mother until the child is 6 years old. 23 (h) The Department may provide Family Responsibility 24 Services which may consist of, but not be limited to the 25 following: 26 (1) family advocacy counseling; 27 (2) parent self-help group; 28 (3) parenting skills training; 29 (4) parent and child overnight program; 30 (5) parent and child reunification counseling, 31 either separately or together, preceding the inmate's 32 release; and 33 (6) a prerelease reunification staffing involving 34 the family advocate, the inmate and the child's HB4124 Enrolled -6- LRB9111987RCmb 1 counselor, or both and the inmate. 2 (i) Prior to the release of any inmate who has a 3 documented history of intravenous drug use, and upon the 4 receipt of that inmate's written informed consent, the 5 Department shall provide for the testing of such inmate for 6 infection with human immunodeficiency virus (HIV) and any 7 other identified causative agent of acquired immunodeficiency 8 syndrome (AIDS). The testing provided under this subsection 9 shall consist of an enzyme-linked immunosorbent assay (ELISA) 10 test or such other test as may be approved by the Illinois 11 Department of Public Health. If the test result is positive, 12 the Western Blot Assay or more reliable confirmatory test 13 shall be administered. All inmates tested in accordance with 14 the provisions of this subsection shall be provided with 15 pre-test and post-test counseling. Notwithstanding any 16 provision of this subsection to the contrary, the Department 17 shall not be required to conduct the testing and counseling 18 required by this subsection unless sufficient funds to cover 19 all costs of such testing and counseling are appropriated for 20 that purpose by the General Assembly. 21 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97; 22 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.) 23 (730 ILCS 5/3-6-2.5 new) 24 Sec. 3-6-2.5. Immersible heating coils prohibited. Each 25 chief administrative officer of an Adult Department of 26 Corrections maximum security facility may not allow committed 27 persons to have access to heating elements including, but not 28 limited to, immersible heating coils commonly known as 29 "stingers". 30 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) 31 Sec. 3-7-2. Facilities. 32 (a) All institutions and facilities of the Department HB4124 Enrolled -7- LRB9111987RCmb 1 shall provide every committed person with access to toilet 2 facilities, barber facilities, bathing facilities at least 3 once each week, a library of legal materials and published 4 materials including newspapers and magazines approved by the 5 Director. A committed person may not receive any materials 6 that the Director deems pornographic. 7 (b) (Blank). 8 (c) All institutions and facilities of the Department 9 shall provide facilities for every committed person to leave 10 his cell for at least one hour each day unless the chief 11 administrative officer determines that it would be harmful or 12 dangerous to the security or safety of the institution or 13 facility. 14 (d) All institutions and facilities of the Department 15 shall provide every committed person with a wholesome and 16 nutritional diet at regularly scheduled hours, drinking 17 water, clothing adequate for the season, bedding, soap and 18 towels and medical and dental care. 19 (e) All institutions and facilities of the Department 20 shall permit every committed person to send and receive an 21 unlimited number of uncensored letters, provided, however, 22 that the Director may order that mail be inspected and read 23 for reasons of the security, safety or morale of the 24 institution or facility. 25 (f) All of the institutions and facilities of the 26 Department shall permit every committed person to receive 27 visitors, except in case of abuse of the visiting privilege 28 or when the chief administrative officer determines that such 29 visiting would be harmful or dangerous to the security, 30 safety or morale of the institution or facility. The chief 31 administrative officer shall have the right to restrict 32 visitation to non-contact visits for reasons of safety, 33 security, and order, including, but not limited to, 34 restricting contact visits for committed persons engaged in HB4124 Enrolled -8- LRB9111987RCmb 1 gang activity. No committed person in a super maximum 2 security facility or on disciplinary segregation is allowed 3 contact visits. Any committed person found in possession of 4 illegal drugs or who fails a drug test shall not be permitted 5 contact visits for a period of at least 6 months. Any 6 committed person involved in gang activities or found guilty 7 of assault committed against a Department employee shall not 8 be permitted contact visits for a period of at least 6 9 months. 10 (g) All institutions and facilities of the Department 11 shall permit religious ministrations and sacraments to be 12 available to every committed person, but attendance at 13 religious services shall not be required. 14 (h) Within 90 days after December 31, 1996, the 15 Department shall prohibit the use of curtains, 16 cell-coverings, or any other matter or object that obstructs 17 or otherwise impairs the line of vision into a committed 18 person's cell. 19 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97; 20 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; 90-14, eff. 21 7-1-97.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.