SB0554 Enrolled LRB094 08404 RLC 38605 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 adding Article 17 as follows:
 
6     (730 ILCS 5/Ch. III Art. 17 heading new)
7
ARTICLE 17.
PROGRAM OF REENTRY INTO COMMUNITY

 
8     (730 ILCS 5/3-17-5 new)
9     Sec. 3-17-5. Definitions. As used in this Article:
10     "Board" means the Prisoner Review Board.
11     "Department" means the Department of Corrections.
12     "Director" means the Director of Corrections.
13     "Offender" means a person who has been convicted of a
14 felony under the laws of this State and sentenced to a term of
15 imprisonment.
16     "Program" means a program established by a county or
17 municipality under Section 3-17-10 for reentry of persons into
18 the community who have been committed to the Department for
19 commission of a felony.
 
20     (730 ILCS 5/3-17-10 new)
21     Sec. 3-17-10. Establishment of program.
22     (a) A county with the approval of the county board or a
23 municipality that maintains a jail or house of corrections with
24 the approval of the corporate authorities may establish a
25 program for reentry of offenders into the community who have
26 been committed to the Department for commission of a felony.
27 Any program shall be approved by the Director prior to
28 placement of inmates in a program.
29     (b) If a county or municipality establishes a program under
30 this Section, the sheriff in the case of a county or the police

 

 

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1 chief in the case of a municipality shall:
2         (1) Determine whether offenders who are referred by the
3     Director of Corrections under Section 3-17-15 should be
4     assigned to participate in a program.
5         (2) Supervise offenders participating in the program
6     during their participation in the program.
7     (c) A county or municipality shall be liable for the well
8 being and actions of inmates in its custody while in a program
9 and shall indemnify the Department for any loss incurred by the
10 Department caused while an inmate is in a program.
11     (d) An offender may not be assigned to participate in a
12 program unless the Director of Corrections, in consultation
13 with the Prisoner Review Board, grants prior approval of the
14 assignment under this Section.
 
15     (730 ILCS 5/3-17-15 new)
16     Sec. 3-17-15. Referral of person to sheriff or police
17 chief; assignment of person by the Department.
18     (a) Except as otherwise provided in this Section, if a
19 program has been established in a county or municipality in
20 which an offender was sentenced to imprisonment for a felony,
21 the Director may refer the offender to the county sheriff or
22 municipal police chief if:
23         (1) The offender qualifies under the standards
24     established by the Director in subsection (c);
25         (2) The offender has demonstrated a willingness to:
26             (A) engage in employment or participate in
27         vocational rehabilitation or job skills training; and
28             (B) meet any existing obligation for restitution
29         to any victim of his or her crime; and
30         (3) the offender is within one year of his or her
31     probable release from prison, as determined by the
32     Director.
33     (b) Except as otherwise provided in this Section, if the
34 Director is notified by the sheriff or police chief under
35 Section 3-17-10 that an offender would benefit by being

 

 

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1 assigned to the custody of the sheriff or police chief to
2 participate in the program, the Director shall review whether
3 the offender should be assigned to participate in a program for
4 not longer than the remainder of his or her sentence.
5     (c) The Director, by rule, shall adopt standards setting
6 forth which offenders are eligible to be assigned to the
7 custody of the sheriff or police chief to participate in the
8 program under this Section. The standards adopted by the
9 Director must be approved by the Prisoner Review Board and must
10 provide that an offender is ineligible for participation in the
11 program who:
12         (1) has recently committed a serious infraction of the
13     rules of an institution or facility of the Department;
14         (2) has not performed the duties assigned to him or her
15     in a faithful and orderly manner;
16         (3) has, within the immediately preceding 5 years, been
17     convicted of any crime involving the use or threatened use
18     of force or violence against a victim that is punishable as
19     a felony;
20         (4) has ever been convicted of a sex offense as defined
21     in Section 10 of the Sex Offender Management Board Act;
22         (5) has escaped or attempted to escape from any jail or
23     correctional institution for adults; or
24         (6) has not made an effort in good faith to participate
25     in or to complete any educational or vocational program or
26     any program of treatment, as ordered by the Director.
27     (d) The Director shall adopt rules requiring offenders who
28 are assigned to the custody of the sheriff or police chief
29 under this Section to reimburse the Department for the cost of
30 their participation in a program, to the extent of their
31 ability to pay.
32     (e) The sheriff or police chief may return the offender to
33 the custody of the Department at any time for any violation of
34 the terms and conditions imposed by the Director in
35 consultation with the Prisoner Review Board.
36     (f) If an offender assigned to the custody of the sheriff

 

 

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1 or police chief under this Section violates any of the terms or
2 conditions imposed by the Director in consultation with the
3 Prisoner Review Board and is returned to the custody of the
4 Department, the offender forfeits all or part of the credits
5 for good behavior earned by him or her before he or she was
6 returned to the custody of the Department, as determined by the
7 Director. The Director may provide for a forfeiture of credits
8 under this subsection (f) only after proof of the violation and
9 notice is given to the offender. The Director may restore
10 credits so forfeited for such reasons as he or she considers
11 proper. The Director, by rule, shall establish procedures for
12 review of forfeiture of good behavior credit. The decision of
13 the Director regarding such a forfeiture is final.
14     (g) The assignment of an offender to the custody of the
15 sheriff or police chief under this Section shall be deemed:
16         (1) a continuation of his or her imprisonment and not a
17     release on parole or mandatory supervised release; and
18         (2) for the purposes of Section 3-8-1, an assignment to
19     a facility of the Department, except that the offender is
20     not entitled to obtain any benefits or to participate in
21     any programs provided to offenders in the custody of the
22     Department.
23     (h) An offender does not have a right to be assigned to the
24 custody of the sheriff or police chief under this Section, or
25 to remain in that custody after such an assignment. It is not
26 intended that the establishment or operation of a program
27 creates any right or interest in liberty or property or
28 establishes a basis for any cause of action against this State
29 or its political subdivisions, agencies, boards, commissions,
30 departments, officers, or employees.
 
31     (730 ILCS 5/3-17-20 new)
32     Sec. 3-17-20. Director to contract for certain services for
33 offenders in program.
34     (a) The Director may enter into one or more contracts with
35 one or more public or private entities to provide any of the

 

 

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1 following services, as necessary and appropriate, to offenders
2 participating in a program:
3         (1) transitional housing;
4         (2) treatment pertaining to substance abuse or mental
5     health;
6         (3) training in life skills;
7         (4) vocational rehabilitation and job skills training;
8     and
9         (5) any other services required by offenders who are
10     participating in a program.
11     (b) The Director shall, as necessary and appropriate,
12 provide referrals and information regarding:
13         (1) any of the services provided pursuant to subsection
14     (a);
15         (2) access and availability of any appropriate
16     self-help groups;
17         (3) social services for families and children; and
18         (4) permanent housing.
19     (c) The Director may apply for and accept any gift,
20 donation, bequest, grant, or other source of money to carry out
21 the provisions of this Section.
22     (d) As used in this Section, training in life skills
23 includes, without limitation, training in the areas of: (1)
24 parenting; (2) improving human relationships; (3) preventing
25 domestic violence; (4) maintaining emotional and physical
26 health; (5) preventing abuse of alcohol and drugs; (6)
27 preparing for and obtaining employment; and (7) budgeting,
28 consumerism, and personal finances.
 
29     (730 ILCS 5/3-17-25 new)
30     Sec. 3-17-25. Monitoring of participant in program. The
31 Department shall retain the authority to monitor each person
32 who is participating in a program under Section 3-17-15. Such
33 authority shall include site inspections, review of program
34 activities, and access to inmate files and records.