Sen. Andy Manar

Filed: 3/29/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 19, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Unified Code of Corrections is amended by
6changing Section 3-2-2 as follows:
7    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
8    Sec. 3-2-2. Powers and Duties of the Department.
9    (1) In addition to the powers, duties and responsibilities
10which are otherwise provided by law, the Department shall have
11the following powers:
12        (a) To accept persons committed to it by the courts of
13    this State for care, custody, treatment and
14    rehabilitation, and to accept federal prisoners and aliens
15    over whom the Office of the Federal Detention Trustee is
16    authorized to exercise the federal detention function for



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1    limited purposes and periods of time.
2        (b) To develop and maintain reception and evaluation
3    units for purposes of analyzing the custody and
4    rehabilitation needs of persons committed to it and to
5    assign such persons to institutions and programs under its
6    control or transfer them to other appropriate agencies. In
7    consultation with the Department of Alcoholism and
8    Substance Abuse (now the Department of Human Services), the
9    Department of Corrections shall develop a master plan for
10    the screening and evaluation of persons committed to its
11    custody who have alcohol or drug abuse problems, and for
12    making appropriate treatment available to such persons;
13    the Department shall report to the General Assembly on such
14    plan not later than April 1, 1987. The maintenance and
15    implementation of such plan shall be contingent upon the
16    availability of funds.
17        (b-1) To create and implement, on January 1, 2002, a
18    pilot program to establish the effectiveness of
19    pupillometer technology (the measurement of the pupil's
20    reaction to light) as an alternative to a urine test for
21    purposes of screening and evaluating persons committed to
22    its custody who have alcohol or drug problems. The pilot
23    program shall require the pupillometer technology to be
24    used in at least one Department of Corrections facility.
25    The Director may expand the pilot program to include an
26    additional facility or facilities as he or she deems



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1    appropriate. A minimum of 4,000 tests shall be included in
2    the pilot program. The Department must report to the
3    General Assembly on the effectiveness of the program by
4    January 1, 2003.
5        (b-5) To develop, in consultation with the Department
6    of State Police, a program for tracking and evaluating each
7    inmate from commitment through release for recording his or
8    her gang affiliations, activities, or ranks.
9        (c) To maintain and administer all State correctional
10    institutions and facilities under its control and to
11    establish new ones as needed. Pursuant to its power to
12    establish new institutions and facilities, the Department
13    may, with the written approval of the Governor, authorize
14    the Department of Central Management Services to enter into
15    an agreement of the type described in subsection (d) of
16    Section 405-300 of the Department of Central Management
17    Services Law (20 ILCS 405/405-300). The Department shall
18    designate those institutions which shall constitute the
19    State Penitentiary System.
20        Pursuant to its power to establish new institutions and
21    facilities, the Department may authorize the Department of
22    Central Management Services to accept bids from counties
23    and municipalities for the construction, remodeling or
24    conversion of a structure to be leased to the Department of
25    Corrections for the purposes of its serving as a
26    correctional institution or facility. Such construction,



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1    remodeling or conversion may be financed with revenue bonds
2    issued pursuant to the Industrial Building Revenue Bond Act
3    by the municipality or county. The lease specified in a bid
4    shall be for a term of not less than the time needed to
5    retire any revenue bonds used to finance the project, but
6    not to exceed 40 years. The lease may grant to the State
7    the option to purchase the structure outright.
8        Upon receipt of the bids, the Department may certify
9    one or more of the bids and shall submit any such bids to
10    the General Assembly for approval. Upon approval of a bid
11    by a constitutional majority of both houses of the General
12    Assembly, pursuant to joint resolution, the Department of
13    Central Management Services may enter into an agreement
14    with the county or municipality pursuant to such bid.
15        (c-5) To build and maintain regional juvenile
16    detention centers and to charge a per diem to the counties
17    as established by the Department to defray the costs of
18    housing each minor in a center. In this subsection (c-5),
19    "juvenile detention center" means a facility to house
20    minors during pendency of trial who have been transferred
21    from proceedings under the Juvenile Court Act of 1987 to
22    prosecutions under the criminal laws of this State in
23    accordance with Section 5-805 of the Juvenile Court Act of
24    1987, whether the transfer was by operation of law or
25    permissive under that Section. The Department shall
26    designate the counties to be served by each regional



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1    juvenile detention center.
2        (d) To develop and maintain programs of control,
3    rehabilitation and employment of committed persons within
4    its institutions.
5        (d-5) To provide a pre-release job preparation program
6    for inmates at Illinois adult correctional centers.
7        (e) To establish a system of supervision and guidance
8    of committed persons in the community.
9        (f) To establish in cooperation with the Department of
10    Transportation to supply a sufficient number of prisoners
11    for use by the Department of Transportation to clean up the
12    trash and garbage along State, county, township, or
13    municipal highways as designated by the Department of
14    Transportation. The Department of Corrections, at the
15    request of the Department of Transportation, shall furnish
16    such prisoners at least annually for a period to be agreed
17    upon between the Director of Corrections and the Director
18    of Transportation. The prisoners used on this program shall
19    be selected by the Director of Corrections on whatever
20    basis he deems proper in consideration of their term,
21    behavior and earned eligibility to participate in such
22    program - where they will be outside of the prison facility
23    but still in the custody of the Department of Corrections.
24    Prisoners convicted of first degree murder, or a Class X
25    felony, or armed violence, or aggravated kidnapping, or
26    criminal sexual assault, aggravated criminal sexual abuse



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1    or a subsequent conviction for criminal sexual abuse, or
2    forcible detention, or arson, or a prisoner adjudged a
3    Habitual Criminal shall not be eligible for selection to
4    participate in such program. The prisoners shall remain as
5    prisoners in the custody of the Department of Corrections
6    and such Department shall furnish whatever security is
7    necessary. The Department of Transportation shall furnish
8    trucks and equipment for the highway cleanup program and
9    personnel to supervise and direct the program. Neither the
10    Department of Corrections nor the Department of
11    Transportation shall replace any regular employee with a
12    prisoner.
13        (g) To maintain records of persons committed to it and
14    to establish programs of research, statistics and
15    planning.
16        (h) To investigate the grievances of any person
17    committed to the Department, to inquire into any alleged
18    misconduct by employees or committed persons, and to
19    investigate the assets of committed persons to implement
20    Section 3-7-6 of this Code; and for these purposes it may
21    issue subpoenas and compel the attendance of witnesses and
22    the production of writings and papers, and may examine
23    under oath any witnesses who may appear before it; to also
24    investigate alleged violations of a parolee's or
25    releasee's conditions of parole or release; and for this
26    purpose it may issue subpoenas and compel the attendance of



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1    witnesses and the production of documents only if there is
2    reason to believe that such procedures would provide
3    evidence that such violations have occurred.
4        If any person fails to obey a subpoena issued under
5    this subsection, the Director may apply to any circuit
6    court to secure compliance with the subpoena. The failure
7    to comply with the order of the court issued in response
8    thereto shall be punishable as contempt of court.
9        (i) To appoint and remove the chief administrative
10    officers, and administer programs of training and
11    development of personnel of the Department. Personnel
12    assigned by the Department to be responsible for the
13    custody and control of committed persons or to investigate
14    the alleged misconduct of committed persons or employees or
15    alleged violations of a parolee's or releasee's conditions
16    of parole shall be conservators of the peace for those
17    purposes, and shall have the full power of peace officers
18    outside of the facilities of the Department in the
19    protection, arrest, retaking and reconfining of committed
20    persons or where the exercise of such power is necessary to
21    the investigation of such misconduct or violations. This
22    subsection shall not apply to persons committed to the
23    Department of Juvenile Justice under the Juvenile Court Act
24    of 1987 on aftercare release.
25        (j) To cooperate with other departments and agencies
26    and with local communities for the development of standards



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1    and programs for better correctional services in this
2    State.
3        (k) To administer all moneys and properties of the
4    Department.
5        (l) To report annually to the Governor on the committed
6    persons, institutions and programs of the Department.
7        (l-5) (Blank).
8        (m) To make all rules and regulations and exercise all
9    powers and duties vested by law in the Department.
10        (n) To establish rules and regulations for
11    administering a system of sentence credits, established in
12    accordance with Section 3-6-3, subject to review by the
13    Prisoner Review Board.
14        (o) To administer the distribution of funds from the
15    State Treasury to reimburse counties where State penal
16    institutions are located for the payment of assistant
17    state's attorneys' salaries under Section 4-2001 of the
18    Counties Code.
19        (p) To exchange information with the Department of
20    Human Services and the Department of Healthcare and Family
21    Services for the purpose of verifying living arrangements
22    and for other purposes directly connected with the
23    administration of this Code and the Illinois Public Aid
24    Code.
25        (q) To establish a diversion program.
26        The program shall provide a structured environment for



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1    selected technical parole or mandatory supervised release
2    violators and committed persons who have violated the rules
3    governing their conduct while in work release. This program
4    shall not apply to those persons who have committed a new
5    offense while serving on parole or mandatory supervised
6    release or while committed to work release.
7        Elements of the program shall include, but shall not be
8    limited to, the following:
9            (1) The staff of a diversion facility shall provide
10        supervision in accordance with required objectives set
11        by the facility.
12            (2) Participants shall be required to maintain
13        employment.
14            (3) Each participant shall pay for room and board
15        at the facility on a sliding-scale basis according to
16        the participant's income.
17            (4) Each participant shall:
18                (A) provide restitution to victims in
19            accordance with any court order;
20                (B) provide financial support to his
21            dependents; and
22                (C) make appropriate payments toward any other
23            court-ordered obligations.
24            (5) Each participant shall complete community
25        service in addition to employment.
26            (6) Participants shall take part in such



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1        counseling, educational and other programs as the
2        Department may deem appropriate.
3            (7) Participants shall submit to drug and alcohol
4        screening.
5            (8) The Department shall promulgate rules
6        governing the administration of the program.
7        (r) To enter into intergovernmental cooperation
8    agreements under which persons in the custody of the
9    Department may participate in a county impact
10    incarceration program established under Section 3-6038 or
11    3-15003.5 of the Counties Code.
12        (r-5) (Blank).
13        (r-10) To systematically and routinely identify with
14    respect to each streetgang active within the correctional
15    system: (1) each active gang; (2) every existing inter-gang
16    affiliation or alliance; and (3) the current leaders in
17    each gang. The Department shall promptly segregate leaders
18    from inmates who belong to their gangs and allied gangs.
19    "Segregate" means no physical contact and, to the extent
20    possible under the conditions and space available at the
21    correctional facility, prohibition of visual and sound
22    communication. For the purposes of this paragraph (r-10),
23    "leaders" means persons who:
24            (i) are members of a criminal streetgang;
25            (ii) with respect to other individuals within the
26        streetgang, occupy a position of organizer,



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1        supervisor, or other position of management or
2        leadership; and
3            (iii) are actively and personally engaged in
4        directing, ordering, authorizing, or requesting
5        commission of criminal acts by others, which are
6        punishable as a felony, in furtherance of streetgang
7        related activity both within and outside of the
8        Department of Corrections.
9    "Streetgang", "gang", and "streetgang related" have the
10    meanings ascribed to them in Section 10 of the Illinois
11    Streetgang Terrorism Omnibus Prevention Act.
12        (s) To operate a super-maximum security institution,
13    in order to manage and supervise inmates who are disruptive
14    or dangerous and provide for the safety and security of the
15    staff and the other inmates.
16        (t) To monitor any unprivileged conversation or any
17    unprivileged communication, whether in person or by mail,
18    telephone, or other means, between an inmate who, before
19    commitment to the Department, was a member of an organized
20    gang and any other person without the need to show cause or
21    satisfy any other requirement of law before beginning the
22    monitoring, except as constitutionally required. The
23    monitoring may be by video, voice, or other method of
24    recording or by any other means. As used in this
25    subdivision (1)(t), "organized gang" has the meaning
26    ascribed to it in Section 10 of the Illinois Streetgang



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1    Terrorism Omnibus Prevention Act.
2        As used in this subdivision (1)(t), "unprivileged
3    conversation" or "unprivileged communication" means a
4    conversation or communication that is not protected by any
5    privilege recognized by law or by decision, rule, or order
6    of the Illinois Supreme Court.
7        (u) To establish a Women's and Children's Pre-release
8    Community Supervision Program for the purpose of providing
9    housing and services to eligible female inmates, as
10    determined by the Department, and their newborn and young
11    children.
12        (u-5) To issue an order, whenever a person committed to
13    the Department absconds or absents himself or herself,
14    without authority to do so, from any facility or program to
15    which he or she is assigned. The order shall be certified
16    by the Director, the Supervisor of the Apprehension Unit,
17    or any person duly designated by the Director, with the
18    seal of the Department affixed. The order shall be directed
19    to all sheriffs, coroners, and police officers, or to any
20    particular person named in the order. Any order issued
21    pursuant to this subdivision (1) (u-5) shall be sufficient
22    warrant for the officer or person named in the order to
23    arrest and deliver the committed person to the proper
24    correctional officials and shall be executed the same as
25    criminal process.
26        (v) To do all other acts necessary to carry out the



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1    provisions of this Chapter.
2    (2) The Department of Corrections shall by January 1, 1998,
3consider building and operating a correctional facility within
4100 miles of a county of over 2,000,000 inhabitants, especially
5a facility designed to house juvenile participants in the
6impact incarceration program.
7    (3) When the Department lets bids for contracts for medical
8services to be provided to persons committed to Department
9facilities by a health maintenance organization, medical
10service corporation, or other health care provider, the bid may
11only be let to a health care provider that has obtained an
12irrevocable letter of credit or performance bond issued by a
13company whose bonds have an investment grade or higher rating
14by a bond rating organization.
15    (3.5) Notwithstanding any other law to the contrary, the
16Department shall not reduce the number of Department employees
17whose employment is related to the provision of medical or
18mental health services lower than the number of Department
19employees on January 1, 2016 whose employment is related to the
20provision of medical or mental health services. The Department
21shall not enter into a contract, modify a current contract, or
22process a change order that would have the effect of reducing
23the number of Department employees whose employment is related
24to the provision of medical or mental health services lower
25than the number of Department employees on January 1, 2016.
26    (4) When the Department lets bids for contracts for food or



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1commissary services to be provided to Department facilities,
2the bid may only be let to a food or commissary services
3provider that has obtained an irrevocable letter of credit or
4performance bond issued by a company whose bonds have an
5investment grade or higher rating by a bond rating
7    (5) On and after the date 6 months after August 16, 2013
8(the effective date of Public Act 98-488), as provided in the
9Executive Order 1 (2012) Implementation Act, all of the powers,
10duties, rights, and responsibilities related to State
11healthcare purchasing under this Code that were transferred
12from the Department of Corrections to the Department of
13Healthcare and Family Services by Executive Order 3 (2005) are
14transferred back to the Department of Corrections; however,
15powers, duties, rights, and responsibilities related to State
16healthcare purchasing under this Code that were exercised by
17the Department of Corrections before the effective date of
18Executive Order 3 (2005) but that pertain to individuals
19resident in facilities operated by the Department of Juvenile
20Justice are transferred to the Department of Juvenile Justice.
21(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
2297-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
238-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".