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92nd General Assembly

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Public Act 92-0712

HB4116 Enrolled                                LRB9214685RCcd

    AN ACT in relation to 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 Section 3-2-2 as follows:

    (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.
         (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.
         (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.
         (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)  In  a  confidential  annual  report  to   the
    Governor,  the Department shall identify all inmate gangs
    by specifying each current gang's  name,  population  and
    allied  gangs.   The Department shall further specify the
    number of top leaders identified by  the  Department  for
    each gang during the past year, and the measures taken by
    the  Department  to segregate each leader from his or her
    gang and allied  gangs.   The  Department  shall  further
    report  the  current  status  of  leaders  identified and
    segregated in previous years.  All leaders  described  in
    the  report shall be identified by inmate number or other
    designation   to   enable   tracking,    auditing,    and
    verification  without revealing the names of the leaders.
    Because this report contains law enforcement intelligence
    information collected by the Department,  the  report  is
    confidential and not subject to public disclosure.
         (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   good  conduct  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 Illinois Department of Public  Aid
    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)  To enter into  intergovernmental  cooperation
    agreements  under which minors adjudicated delinquent and
    committed to  the  Department  of  Corrections,  Juvenile
    Division,  may  participate  in  a county juvenile impact
    incarceration program established under Section 3-6039 of
    the Counties Code.
         (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.
         (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  are rated AAA 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
are rated AAA by a bond rating organization.
(Source: P.A. 91-239,  eff.  1-1-00;  91-357,  eff.  7-29-99;
92-444, eff. 1-1-02.)
    Passed in the General Assembly May 09, 2002.
    Approved July 23, 2002.
    Effective January 01, 2003.

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