Rep. Robyn Gabel

Filed: 4/28/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1976

2    AMENDMENT NO. ______. Amend Senate Bill 1976 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 3-2-2 as follows:
 
6    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
7    Sec. 3-2-2. Powers and duties of the Department.
8    (1) In addition to the powers, duties, and
9responsibilities which are otherwise provided by law, the
10Department shall have the following powers:
11        (a) To accept persons committed to it by the courts of
12    this State for care, custody, treatment and
13    rehabilitation, and to accept federal prisoners and aliens
14    over whom the Office of the Federal Detention Trustee is
15    authorized to exercise the federal detention function for
16    limited purposes and periods of time.

 

 

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1        (b) To develop and maintain reception and evaluation
2    units for purposes of analyzing the custody and
3    rehabilitation needs of persons committed to it and to
4    assign such persons to institutions and programs under its
5    control or transfer them to other appropriate agencies. In
6    consultation with the Department of Alcoholism and
7    Substance Abuse (now the Department of Human Services),
8    the Department of Corrections shall develop a master plan
9    for the screening and evaluation of persons committed to
10    its custody who have alcohol or drug abuse problems, and
11    for making appropriate treatment available to such
12    persons; the Department shall report to the General
13    Assembly on such plan not later than April 1, 1987. The
14    maintenance and implementation of such plan shall be
15    contingent upon the availability of funds.
16        (b-1) To create and implement, on January 1, 2002, a
17    pilot program to establish the effectiveness of
18    pupillometer technology (the measurement of the pupil's
19    reaction to light) as an alternative to a urine test for
20    purposes of screening and evaluating persons committed to
21    its custody who have alcohol or drug problems. The pilot
22    program shall require the pupillometer technology to be
23    used in at least one Department of Corrections facility.
24    The Director may expand the pilot program to include an
25    additional facility or facilities as he or she deems
26    appropriate. A minimum of 4,000 tests shall be included in

 

 

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

 

 

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1    with revenue bonds issued pursuant to the Industrial
2    Building Revenue Bond Act by the municipality or county.
3    The lease specified in a bid shall be for a term of not
4    less than the time needed to retire any revenue bonds used
5    to finance the project, but not to exceed 40 years. The
6    lease may grant to the State the option to purchase the
7    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        (d-10) To provide educational and visitation
8    opportunities to committed persons within its institutions
9    through temporary access to content-controlled tablets
10    that may be provided as a privilege to committed persons
11    to induce or reward compliance.
12        (e) To establish a system of supervision and guidance
13    of committed persons in the community.
14        (f) To establish in cooperation with the Department of
15    Transportation to supply a sufficient number of prisoners
16    for use by the Department of Transportation to clean up
17    the trash and garbage along State, county, township, or
18    municipal highways as designated by the Department of
19    Transportation. The Department of Corrections, at the
20    request of the Department of Transportation, shall furnish
21    such prisoners at least annually for a period to be agreed
22    upon between the Director of Corrections and the Secretary
23    of Transportation. The prisoners used on this program
24    shall be selected by the Director of Corrections on
25    whatever basis he deems proper in consideration of their
26    term, behavior and earned eligibility to participate in

 

 

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1    such program - where they will be outside of the prison
2    facility but still in the custody of the Department of
3    Corrections. Prisoners convicted of first degree murder,
4    or a Class X felony, or armed violence, or aggravated
5    kidnapping, or criminal sexual assault, aggravated
6    criminal sexual abuse or a subsequent conviction for
7    criminal sexual abuse, or forcible detention, or arson, or
8    a prisoner adjudged a Habitual Criminal shall not be
9    eligible for selection to participate in such program. The
10    prisoners shall remain as prisoners in the custody of the
11    Department of Corrections and such Department shall
12    furnish whatever security is necessary. The Department of
13    Transportation shall furnish trucks and equipment for the
14    highway cleanup program and personnel to supervise and
15    direct the program. Neither the Department of Corrections
16    nor the Department of Transportation shall replace any
17    regular employee with a prisoner.
18        (g) To maintain records of persons committed to it and
19    to establish programs of research, statistics and
20    planning.
21        (h) To investigate the grievances of any person
22    committed to the Department and to inquire into any
23    alleged misconduct by employees or committed persons; and
24    for these purposes it may issue subpoenas and compel the
25    attendance of witnesses and the production of writings and
26    papers, and may examine under oath any witnesses who may

 

 

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

 

 

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1    committed to the Department of Juvenile Justice under the
2    Juvenile Court Act of 1987 on aftercare release.
3        (j) To cooperate with other departments and agencies
4    and with local communities for the development of
5    standards and programs for better correctional services in
6    this State.
7        (k) To administer all moneys and properties of the
8    Department.
9        (l) To report annually to the Governor on the
10    committed persons, institutions and programs of the
11    Department.
12        (l-5) (Blank).
13        (m) To make all rules and regulations and exercise all
14    powers and duties vested by law in the Department.
15        (n) To establish rules and regulations for
16    administering a system of sentence credits, established in
17    accordance with Section 3-6-3, subject to review by the
18    Prisoner Review Board.
19        (o) To administer the distribution of funds from the
20    State Treasury to reimburse counties where State penal
21    institutions are located for the payment of assistant
22    state's attorneys' salaries under Section 4-2001 of the
23    Counties Code.
24        (p) To exchange information with the Department of
25    Human Services and the Department of Healthcare and Family
26    Services for the purpose of verifying living arrangements

 

 

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1    and for other purposes directly connected with the
2    administration of this Code and the Illinois Public Aid
3    Code.
4        (q) To establish a diversion program.
5        The program shall provide a structured environment for
6    selected technical parole or mandatory supervised release
7    violators and committed persons who have violated the
8    rules governing their conduct while in work release. This
9    program shall not apply to those persons who have
10    committed a new offense while serving on parole or
11    mandatory supervised release or while committed to work
12    release.
13        Elements of the program shall include, but shall not
14    be limited to, the following:
15            (1) The staff of a diversion facility shall
16        provide supervision in accordance with required
17        objectives set by the facility.
18            (2) Participants shall be required to maintain
19        employment.
20            (3) Each participant shall pay for room and board
21        at the facility on a sliding-scale basis according to
22        the participant's income.
23            (4) Each participant shall:
24                (A) provide restitution to victims in
25            accordance with any court order;
26                (B) provide financial support to his

 

 

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1            dependents; and
2                (C) make appropriate payments toward any other
3            court-ordered obligations.
4            (5) Each participant shall complete community
5        service in addition to employment.
6            (6) Participants shall take part in such
7        counseling, educational and other programs as the
8        Department may deem appropriate.
9            (7) Participants shall submit to drug and alcohol
10        screening.
11            (8) The Department shall promulgate rules
12        governing the administration of the program.
13        (r) To enter into intergovernmental cooperation
14    agreements under which persons in the custody of the
15    Department may participate in a county impact
16    incarceration program established under Section 3-6038 or
17    3-15003.5 of the Counties Code.
18        (r-5) (Blank).
19        (r-10) To systematically and routinely identify with
20    respect to each streetgang active within the correctional
21    system: (1) each active gang; (2) every existing
22    inter-gang affiliation or alliance; and (3) the current
23    leaders in each gang. The Department shall promptly
24    segregate leaders from inmates who belong to their gangs
25    and allied gangs. "Segregate" means no physical contact
26    and, to the extent possible under the conditions and space

 

 

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1    available at the correctional facility, prohibition of
2    visual and sound communication. For the purposes of this
3    paragraph (r-10), "leaders" means persons who:
4            (i) are members of a criminal streetgang;
5            (ii) with respect to other individuals within the
6        streetgang, occupy a position of organizer,
7        supervisor, or other position of management or
8        leadership; and
9            (iii) are actively and personally engaged in
10        directing, ordering, authorizing, or requesting
11        commission of criminal acts by others, which are
12        punishable as a felony, in furtherance of streetgang
13        related activity both within and outside of the
14        Department of Corrections.
15    "Streetgang", "gang", and "streetgang related" have the
16    meanings ascribed to them in Section 10 of the Illinois
17    Streetgang Terrorism Omnibus Prevention Act.
18        (s) To operate a super-maximum security institution,
19    in order to manage and supervise inmates who are
20    disruptive or dangerous and provide for the safety and
21    security of the staff and the other inmates.
22        (t) To monitor any unprivileged conversation or any
23    unprivileged communication, whether in person or by mail,
24    telephone, or other means, between an inmate who, before
25    commitment to the Department, was a member of an organized
26    gang and any other person without the need to show cause or

 

 

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1    satisfy any other requirement of law before beginning the
2    monitoring, except as constitutionally required. The
3    monitoring may be by video, voice, or other method of
4    recording or by any other means. As used in this
5    subdivision (1)(t), "organized gang" has the meaning
6    ascribed to it in Section 10 of the Illinois Streetgang
7    Terrorism Omnibus Prevention Act.
8        As used in this subdivision (1)(t), "unprivileged
9    conversation" or "unprivileged communication" means a
10    conversation or communication that is not protected by any
11    privilege recognized by law or by decision, rule, or order
12    of the Illinois Supreme Court.
13        (u) To establish a Women's and Children's Pre-release
14    Community Supervision Program for the purpose of providing
15    housing and services to eligible female inmates, as
16    determined by the Department, and their newborn and young
17    children.
18        (u-5) To issue an order, whenever a person committed
19    to the Department absconds or absents himself or herself,
20    without authority to do so, from any facility or program
21    to which he or she is assigned. The order shall be
22    certified by the Director, the Supervisor of the
23    Apprehension Unit, or any person duly designated by the
24    Director, with the seal of the Department affixed. The
25    order shall be directed to all sheriffs, coroners, and
26    police officers, or to any particular person named in the

 

 

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1    order. Any order issued pursuant to this subdivision (1)
2    (u-5) shall be sufficient warrant for the officer or
3    person named in the order to arrest and deliver the
4    committed person to the proper correctional officials and
5    shall be executed the same as criminal process.
6        (u-6) To provide at every visiting waiting area, a
7    sign containing at a minimum, the following information in
8    bold block type, posted in a conspicuous place:
9            (1) a short statement notifying visitors of a
10        point of contact person to receive suggestions,
11        complaints, or other requests; and
12            (2) information on how to submit suggestions,
13        complaints, or other requests to a point of contact
14        person.
15        (v) To do all other acts necessary to carry out the
16    provisions of this Chapter.
17    (2) The Department of Corrections shall by January 1,
181998, consider building and operating a correctional facility
19within 100 miles of a county of over 2,000,000 inhabitants,
20especially a facility designed to house juvenile participants
21in the impact incarceration program.
22    (3) When the Department lets bids for contracts for
23medical services to be provided to persons committed to
24Department facilities by a health maintenance organization,
25medical service corporation, or other health care provider,
26the bid may only be let to a health care provider that has

 

 

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1obtained an irrevocable letter of credit or performance bond
2issued by a company whose bonds have an investment grade or
3higher rating by a bond rating organization.
4    (4) When the Department lets bids for contracts for food
5or commissary services to be provided to Department
6facilities, the bid may only be let to a food or commissary
7services provider that has obtained an irrevocable letter of
8credit or performance bond issued by a company whose bonds
9have an investment grade or higher rating by a bond rating
10organization.
11    (5) On and after the date 6 months after August 16, 2013
12(the effective date of Public Act 98-488), as provided in the
13Executive Order 1 (2012) Implementation Act, all of the
14powers, duties, rights, and responsibilities related to State
15healthcare purchasing under this Code that were transferred
16from the Department of Corrections to the Department of
17Healthcare and Family Services by Executive Order 3 (2005) are
18transferred back to the Department of Corrections; however,
19powers, duties, rights, and responsibilities related to State
20healthcare purchasing under this Code that were exercised by
21the Department of Corrections before the effective date of
22Executive Order 3 (2005) but that pertain to individuals
23resident in facilities operated by the Department of Juvenile
24Justice are transferred to the Department of Juvenile Justice.
25(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
26101-235, eff. 1-1-20.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".