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Public Act 100-0198


 

Public Act 0198 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0198
 
HB3712 EnrolledLRB100 10864 RLC 21099 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 3-1-2 and 3-2-2 as follows:
 
    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
    Sec. 3-1-2. Definitions.
    (a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
    (a-3) "Aftercare release" means the conditional and
revocable release of a person committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987, under
the supervision of the Department of Juvenile Justice.
    (a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
        (i) A violation of any of the following Sections of the
    Criminal Code of 1961 or the Criminal Code of 2012: 10-7
    (aiding or abetting child abduction under Section
    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
    solicitation of a child), 11-6.5 (indecent solicitation of
    an adult), 11-14.4 (promoting juvenile prostitution),
    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
    (keeping a place of juvenile prostitution), 11-18.1
    (patronizing a juvenile prostitute), 11-19.1 (juvenile
    pimping), 11-19.2 (exploitation of a child), 11-20.1
    (child pornography), 11-20.1B or 11-20.3 (aggravated child
    pornography), 11-1.40 or 12-14.1 (predatory criminal
    sexual assault of a child), or 12-33 (ritualized abuse of a
    child). An attempt to commit any of these offenses.
        (ii) A violation of any of the following Sections of
    the Criminal Code of 1961 or the Criminal Code of 2012:
    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
    12-14 (aggravated criminal sexual assault), 11-1.60 or
    12-16 (aggravated criminal sexual abuse), and subsection
    (a) of Section 11-1.50 or subsection (a) of Section 12-15
    (criminal sexual abuse). An attempt to commit any of these
    offenses.
        (iii) A violation of any of the following Sections of
    the Criminal Code of 1961 or the Criminal Code of 2012 when
    the defendant is not a parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (iv) A violation of any former law of this State
    substantially equivalent to any offense listed in this
    subsection (a-5).
    An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the
purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
    (b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
    (c) "Committed person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
    (c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including
but not limited to Internet history, address bar or bars, cache
or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
    (c-10) "Content-controlled tablet" means any device that
can only access visitation applications or content relating to
educational or personal development.
    (d) "Correctional institution or facility" means any
building or part of a building where committed persons are kept
in a secured manner.
    (e) "Department" means both the Department of Corrections
and the Department of Juvenile Justice of this State, unless
the context is specific to either the Department of Corrections
or the Department of Juvenile Justice.
    (f) "Director" means both the Director of Corrections and
the Director of Juvenile Justice, unless the context is
specific to either the Director of Corrections or the Director
of Juvenile Justice.
    (f-5) (Blank).
    (g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
    (h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
    (i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
    (j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
    (k) "Parole" means the conditional and revocable release of
a person committed to the Department of Corrections under the
supervision of a parole officer.
    (l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear and
decide the time of aftercare release for persons committed to
the Department of Juvenile Justice under the Juvenile Court Act
of 1987 to hear requests and make recommendations to the
Governor with respect to pardon, reprieve or commutation, to
set conditions for parole, aftercare release, and mandatory
supervised release and determine whether violations of those
conditions justify revocation of parole or release, and to
assume all other functions previously exercised by the Illinois
Parole and Pardon Board.
    (m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
    (n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
    (o) "Wrongfully imprisoned person" means a person who has
been discharged from a prison of this State and has received:
        (1) a pardon from the Governor stating that such pardon
    is issued on the ground of innocence of the crime for which
    he or she was imprisoned; or
        (2) a certificate of innocence from the Circuit Court
    as provided in Section 2-702 of the Code of Civil
    Procedure.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 
    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
    Sec. 3-2-2. Powers and Duties of the Department.
    (1) In addition to the powers, duties and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
        (a) To accept persons committed to it by the courts of
    this State for care, custody, treatment and
    rehabilitation, and to accept federal prisoners and aliens
    over whom the Office of the Federal Detention Trustee is
    authorized to exercise the federal detention function for
    limited purposes and periods of time.
        (b) To develop and maintain reception and evaluation
    units for purposes of analyzing the custody and
    rehabilitation needs of persons committed to it and to
    assign such persons to institutions and programs under its
    control or transfer them to other appropriate agencies. In
    consultation with the Department of Alcoholism and
    Substance Abuse (now the Department of Human Services), the
    Department of Corrections shall develop a master plan for
    the screening and evaluation of persons committed to its
    custody who have alcohol or drug abuse problems, and for
    making appropriate treatment available to such persons;
    the Department shall report to the General Assembly on such
    plan not later than April 1, 1987. The maintenance and
    implementation of such plan shall be contingent upon the
    availability of funds.
        (b-1) To create and implement, on January 1, 2002, a
    pilot program to establish the effectiveness of
    pupillometer technology (the measurement of the pupil's
    reaction to light) as an alternative to a urine test for
    purposes of screening and evaluating persons committed to
    its custody who have alcohol or drug problems. The pilot
    program shall require the pupillometer technology to be
    used in at least one Department of Corrections facility.
    The Director may expand the pilot program to include an
    additional facility or facilities as he or she deems
    appropriate. A minimum of 4,000 tests shall be included in
    the pilot program. The Department must report to the
    General Assembly on the effectiveness of the program by
    January 1, 2003.
        (b-5) To develop, in consultation with the Department
    of State Police, a program for tracking and evaluating each
    inmate from commitment through release for recording his or
    her gang affiliations, activities, or ranks.
        (c) To maintain and administer all State correctional
    institutions and facilities under its control and to
    establish new ones as needed. Pursuant to its power to
    establish new institutions 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 (20 ILCS 405/405-300). The Department shall
    designate those institutions which shall constitute the
    State Penitentiary 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
    Corrections for the purposes of its serving as a
    correctional institution 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.
        (c-5) To build and maintain regional juvenile
    detention centers and to charge a per diem to the counties
    as established by the Department to defray the costs of
    housing each minor in a center. In this subsection (c-5),
    "juvenile detention center" means a facility to house
    minors during pendency of trial who have been transferred
    from proceedings under the Juvenile Court Act of 1987 to
    prosecutions under the criminal laws of this State in
    accordance with Section 5-805 of the Juvenile Court Act of
    1987, whether the transfer was by operation of law or
    permissive under that Section. The Department shall
    designate the counties to be served by each regional
    juvenile detention center.
        (d) To develop and maintain programs of control,
    rehabilitation and employment of committed persons within
    its institutions.
        (d-5) To provide a pre-release job preparation program
    for inmates at Illinois adult correctional centers.
        (d-10) To provide educational and visitation
    opportunities to committed persons within its institutions
    through temporary access to content-controlled tablets
    that may be provided as a privilege to committed persons to
    induce or reward compliance.
        (e) To establish a system of supervision and guidance
    of committed persons in the community.
        (f) To establish in cooperation with the Department of
    Transportation to supply a sufficient number of prisoners
    for use by the Department of Transportation to clean up the
    trash and garbage along State, county, township, or
    municipal highways as designated by the Department of
    Transportation. The Department of Corrections, at the
    request of the Department of Transportation, shall furnish
    such prisoners at least annually for a period to be agreed
    upon between the Director of Corrections and the Director
    of Transportation. The prisoners used on this program shall
    be selected by the Director of Corrections on whatever
    basis he deems proper in consideration of their term,
    behavior and earned eligibility to participate in such
    program - where they will be outside of the prison facility
    but still in the custody of the Department of Corrections.
    Prisoners convicted of first degree murder, or a Class X
    felony, or armed violence, or aggravated kidnapping, or
    criminal sexual assault, aggravated criminal sexual abuse
    or a subsequent conviction for criminal sexual abuse, or
    forcible detention, or arson, or a prisoner adjudged a
    Habitual Criminal shall not be eligible for selection to
    participate in such program. The prisoners shall remain as
    prisoners in the custody of the Department of Corrections
    and such Department shall furnish whatever security is
    necessary. The Department of Transportation shall furnish
    trucks and equipment for the highway cleanup program and
    personnel to supervise and direct the program. Neither the
    Department of Corrections nor the Department of
    Transportation shall replace any regular employee with a
    prisoner.
        (g) To maintain records of persons committed to it and
    to establish programs of research, statistics and
    planning.
        (h) To investigate the grievances of any person
    committed to the Department, to inquire into any alleged
    misconduct by employees or committed persons, and to
    investigate the assets of committed persons to implement
    Section 3-7-6 of this Code; and for these purposes it may
    issue subpoenas and compel the attendance of witnesses and
    the production of writings and papers, and may examine
    under oath any witnesses who may appear before it; to also
    investigate alleged violations of a parolee's or
    releasee's conditions of parole or release; and for this
    purpose it may issue subpoenas and compel the attendance of
    witnesses and the production of documents only if there is
    reason to believe that such procedures would provide
    evidence that such violations have occurred.
        If any person fails to obey a subpoena issued under
    this subsection, the Director may apply to any circuit
    court to secure compliance with the subpoena. The failure
    to comply with the order of the court issued in response
    thereto shall be punishable as contempt of court.
        (i) To appoint and remove the chief administrative
    officers, and administer programs of training and
    development of personnel of the Department. Personnel
    assigned by the Department to be responsible for the
    custody and control of committed persons or to investigate
    the alleged misconduct of committed persons or employees or
    alleged violations of a parolee's or releasee's conditions
    of parole shall be conservators of the peace for those
    purposes, and shall have the full power of peace officers
    outside of the facilities of the Department in the
    protection, arrest, retaking and reconfining of committed
    persons or where the exercise of such power is necessary to
    the investigation of such misconduct or violations. This
    subsection shall not apply to persons committed to the
    Department of Juvenile Justice under the Juvenile Court Act
    of 1987 on aftercare release.
        (j) To cooperate with other departments and agencies
    and with local communities for the development of standards
    and programs for better correctional services in this
    State.
        (k) To administer all moneys and properties of the
    Department.
        (l) To report annually to the Governor on the committed
    persons, institutions and programs of the Department.
        (l-5) (Blank).
        (m) To make all rules and regulations and exercise all
    powers and duties vested by law in the Department.
        (n) To establish rules and regulations for
    administering a system of sentence credits, established in
    accordance with Section 3-6-3, subject to review by the
    Prisoner Review Board.
        (o) To administer the distribution of funds from the
    State Treasury to reimburse counties where State penal
    institutions are located for the payment of assistant
    state's attorneys' salaries under Section 4-2001 of the
    Counties Code.
        (p) To exchange information with the Department of
    Human Services and the Department of Healthcare and Family
    Services for the purpose of verifying living arrangements
    and for other purposes directly connected with the
    administration of this Code and the Illinois Public Aid
    Code.
        (q) To establish a diversion program.
        The program shall provide a structured environment for
    selected technical parole or mandatory supervised release
    violators and committed persons who have violated the rules
    governing their conduct while in work release. This program
    shall not apply to those persons who have committed a new
    offense while serving on parole or mandatory supervised
    release or while committed to work release.
        Elements of the program shall include, but shall not be
    limited to, the following:
            (1) The staff of a diversion facility shall provide
        supervision in accordance with required objectives set
        by the facility.
            (2) Participants shall be required to maintain
        employment.
            (3) Each participant shall pay for room and board
        at the facility on a sliding-scale basis according to
        the participant's income.
            (4) Each participant shall:
                (A) provide restitution to victims in
            accordance with any court order;
                (B) provide financial support to his
            dependents; and
                (C) make appropriate payments toward any other
            court-ordered obligations.
            (5) Each participant shall complete community
        service in addition to employment.
            (6) Participants shall take part in such
        counseling, educational and other programs as the
        Department may deem appropriate.
            (7) Participants shall submit to drug and alcohol
        screening.
            (8) The Department shall promulgate rules
        governing the administration of the program.
        (r) To enter into intergovernmental cooperation
    agreements under which persons in the custody of the
    Department may participate in a county impact
    incarceration program established under Section 3-6038 or
    3-15003.5 of the Counties Code.
        (r-5) (Blank).
        (r-10) To systematically and routinely identify with
    respect to each streetgang active within the correctional
    system: (1) each active gang; (2) every existing inter-gang
    affiliation or alliance; and (3) the current leaders in
    each gang. The Department shall promptly segregate leaders
    from inmates who belong to their gangs and allied gangs.
    "Segregate" means no physical contact and, to the extent
    possible under the conditions and space available at the
    correctional facility, prohibition of visual and sound
    communication. For the purposes of this paragraph (r-10),
    "leaders" means persons who:
            (i) are members of a criminal streetgang;
            (ii) with respect to other individuals within the
        streetgang, occupy a position of organizer,
        supervisor, or other position of management or
        leadership; and
            (iii) are actively and personally engaged in
        directing, ordering, authorizing, or requesting
        commission of criminal acts by others, which are
        punishable as a felony, in furtherance of streetgang
        related activity both within and outside of the
        Department of Corrections.
    "Streetgang", "gang", and "streetgang related" have the
    meanings ascribed to them in Section 10 of the Illinois
    Streetgang Terrorism Omnibus Prevention Act.
        (s) To operate a super-maximum security institution,
    in order to manage and supervise inmates who are disruptive
    or dangerous and provide for the safety and security of the
    staff and the other inmates.
        (t) To monitor any unprivileged conversation or any
    unprivileged communication, whether in person or by mail,
    telephone, or other means, between an inmate who, before
    commitment to the Department, was a member of an organized
    gang and any other person without the need to show cause or
    satisfy any other requirement of law before beginning the
    monitoring, except as constitutionally required. The
    monitoring may be by video, voice, or other method of
    recording or by any other means. As used in this
    subdivision (1)(t), "organized gang" has the meaning
    ascribed to it in Section 10 of the Illinois Streetgang
    Terrorism Omnibus Prevention Act.
        As used in this subdivision (1)(t), "unprivileged
    conversation" or "unprivileged communication" means a
    conversation or communication that is not protected by any
    privilege recognized by law or by decision, rule, or order
    of the Illinois Supreme Court.
        (u) To establish a Women's and Children's Pre-release
    Community Supervision Program for the purpose of providing
    housing and services to eligible female inmates, as
    determined by the Department, and their newborn and young
    children.
        (u-5) To issue an order, whenever a person committed to
    the Department absconds or absents himself or herself,
    without authority to do so, from any facility or program to
    which he or she is assigned. The order shall be certified
    by the Director, the Supervisor of the Apprehension Unit,
    or any person duly designated by the Director, with the
    seal of the Department affixed. The order shall be directed
    to all sheriffs, coroners, and police officers, or to any
    particular person named in the order. Any order issued
    pursuant to this subdivision (1) (u-5) shall be sufficient
    warrant for the officer or person named in the order to
    arrest and deliver the committed person to the proper
    correctional officials and shall be executed the same as
    criminal process.
        (v) To do all other acts necessary to carry out the
    provisions of this Chapter.
    (2) The Department of Corrections shall by January 1, 1998,
consider building and operating a correctional facility within
100 miles of a county of over 2,000,000 inhabitants, especially
a facility designed to house juvenile participants in the
impact incarceration program.
    (3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department
facilities by a health maintenance organization, medical
service corporation, or other health care provider, the bid may
only be let to a health care provider that has obtained an
irrevocable letter of credit or performance bond issued by a
company whose bonds have an investment grade or higher rating
by a bond rating organization.
    (4) When the Department lets bids for contracts for food or
commissary services to be provided to Department facilities,
the bid may only be let to a food or commissary services
provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds have an
investment grade or higher rating by a bond rating
organization.
    (5) 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.
(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
97-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)

Effective Date: 1/1/2018