093_SB1106

 
                                     LRB093 10872 NHT 11370 b

 1        AN ACT regarding school students.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The School Code is amended by adding  Section
 5    27-23.7 as follows:

 6        (105 ILCS 5/27-23.7 new)
 7        Sec.   27-23.7.  Prison   life   video.   In  all  school
 8    districts, including special  charter  districts  and  school
 9    districts  organized  under  Article  34, the school district
10    shall show at least once each school year in each  attendance
11    center of the district the educational video on the realities
12    of prison life that the Department of Corrections is required
13    to produce and make available to school districts as provided
14    in  subsection  (5)  of  Section 3-2-2 of the Unified Code of
15    Corrections.

16        Section 10.  The Unified Code of Corrections  is  amended
17    by changing Section 3-2-2 as follows:

18        (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
19        Sec. 3-2-2.  Powers and Duties of the Department.
20        (1)  In    addition    to    the   powers,   duties   and
21    responsibilities which are otherwise  provided  by  law,  the
22    Department shall have the following powers:
23             (a)  To accept persons committed to it by the courts
24        of   this   State   for   care,  custody,  treatment  and
25        rehabilitation.
26             (b)  To   develop   and   maintain   reception   and
27        evaluation units for purposes of  analyzing  the  custody
28        and  rehabilitation  needs of persons committed to it and
29        to assign such persons to institutions and programs under
 
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 1        its  control  or  transfer  them  to  other   appropriate
 2        agencies.    In   consultation  with  the  Department  of
 3        Alcoholism and Substance Abuse  (now  the  Department  of
 4        Human  Services),  the  Department  of  Corrections shall
 5        develop a master plan for the screening and evaluation of
 6        persons committed to its custody who have alcohol or drug
 7        abuse problems,  and  for  making  appropriate  treatment
 8        available to such persons; the Department shall report to
 9        the General Assembly on such plan not later than April 1,
10        1987.   The  maintenance  and implementation of such plan
11        shall be contingent upon the availability of funds.
12             (b-1)  To create and implement, on January 1,  2002,
13        a   pilot  program  to  establish  the  effectiveness  of
14        pupillometer technology (the measurement of  the  pupil's
15        reaction  to light) as an alternative to a urine test for
16        purposes of screening and evaluating persons committed to
17        its custody who have alcohol or drug problems. The  pilot
18        program  shall  require the pupillometer technology to be
19        used in at least one Department of Corrections  facility.
20        The  Director  may expand the pilot program to include an
21        additional facility or facilities  as  he  or  she  deems
22        appropriate.  A  minimum of 4,000 tests shall be included
23        in the pilot program. The Department must report  to  the
24        General  Assembly  on the effectiveness of the program by
25        January 1, 2003.
26             (b-5)  To  develop,   in   consultation   with   the
27        Department  of  State  Police, a program for tracking and
28        evaluating each inmate from  commitment  through  release
29        for  recording  his or her gang affiliations, activities,
30        or ranks.
31             (c)  To   maintain   and   administer   all    State
32        correctional   institutions   and  facilities  under  its
33        control and to establish new ones as needed.  Pursuant to
34        its power to establish new institutions  and  facilities,
 
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 1        the  Department  may,  with  the  written approval of the
 2        Governor, authorize the Department of Central  Management
 3        Services to enter into an agreement of the type described
 4        in subsection (d) of Section 405-300 of the Department of
 5        Central  Management  Services  Law (20 ILCS 405/405-300).
 6        The Department shall designate those  institutions  which
 7        shall constitute the State Penitentiary System.
 8             Pursuant  to its power to establish new institutions
 9        and  facilities,  the  Department   may   authorize   the
10        Department  of Central Management Services to accept bids
11        from counties and municipalities  for  the  construction,
12        remodeling  or  conversion of a structure to be leased to
13        the Department of Corrections for  the  purposes  of  its
14        serving  as a correctional institution or facility.  Such
15        construction, remodeling or conversion  may  be  financed
16        with  revenue  bonds  issued  pursuant  to the Industrial
17        Building Revenue Bond Act by the municipality or  county.
18        The  lease  specified in a bid shall be for a term of not
19        less than the time needed to  retire  any  revenue  bonds
20        used  to finance the project, but not to exceed 40 years.
21        The lease may grant to the State the option  to  purchase
22        the structure outright.
23             Upon receipt of the bids, the Department may certify
24        one or more of the bids and shall submit any such bids to
25        the General Assembly for approval. Upon approval of a bid
26        by  a  constitutional  majority  of  both  houses  of the
27        General  Assembly,  pursuant  to  joint  resolution,  the
28        Department of Central Management Services may enter  into
29        an  agreement with the county or municipality pursuant to
30        such bid.
31             (c-5)  To  build  and  maintain  regional   juvenile
32        detention  centers  and  to  charge  a  per  diem  to the
33        counties as established by the Department to  defray  the
34        costs  of  housing  each  minor  in  a  center.   In this
 
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 1        subsection (c-5), "juvenile  detention  center"  means  a
 2        facility  to  house  minors  during pendency of trial who
 3        have been transferred from proceedings under the Juvenile
 4        Court Act of 1987 to prosecutions under the criminal laws
 5        of this State in accordance with  Section  5-805  of  the
 6        Juvenile  Court  Act of 1987, whether the transfer was by
 7        operation of law or permissive under that  Section.   The
 8        Department  shall  designate the counties to be served by
 9        each regional juvenile detention center.
10             (d)  To develop and maintain  programs  of  control,
11        rehabilitation and employment of committed persons within
12        its institutions.
13             (e)  To   establish  a  system  of  supervision  and
14        guidance of committed persons in the community.
15             (f)  To establish in cooperation with the Department
16        of  Transportation  to  supply  a  sufficient  number  of
17        prisoners for use by the Department of Transportation  to
18        clean  up  the  trash  and  garbage  along State, county,
19        township, or municipal  highways  as  designated  by  the
20        Department   of   Transportation.    The   Department  of
21        Corrections,  at  the  request  of  the   Department   of
22        Transportation,  shall  furnish  such  prisoners at least
23        annually for a period  to  be  agreed  upon  between  the
24        Director    of    Corrections   and   the   Director   of
25        Transportation.  The prisoners used on this program shall
26        be selected by the Director of  Corrections  on  whatever
27        basis  he  deems  proper  in consideration of their term,
28        behavior and earned eligibility to  participate  in  such
29        program  -  where  they  will  be  outside  of the prison
30        facility but still in the custody of  the  Department  of
31        Corrections.  Prisoners convicted of first degree murder,
32        or  a  Class  X  felony, or armed violence, or aggravated
33        kidnapping,   or  criminal  sexual  assault,   aggravated
34        criminal  sexual  abuse  or  a  subsequent conviction for
 
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 1        criminal sexual abuse, or forcible detention,  or  arson,
 2        or  a  prisoner adjudged a Habitual Criminal shall not be
 3        eligible for selection to participate  in  such  program.
 4        The prisoners shall remain as prisoners in the custody of
 5        the  Department  of Corrections and such Department shall
 6        furnish whatever security is necessary. The Department of
 7        Transportation shall furnish trucks and equipment for the
 8        highway cleanup program and personnel  to  supervise  and
 9        direct the program. Neither the Department of Corrections
10        nor  the  Department  of Transportation shall replace any
11        regular employee with a prisoner.
12             (g)  To maintain records of persons committed to  it
13        and  to  establish  programs  of research, statistics and
14        planning.
15             (h)  To investigate the  grievances  of  any  person
16        committed  to the Department, to inquire into any alleged
17        misconduct by employees  or  committed  persons,  and  to
18        investigate  the assets of committed persons to implement
19        Section 3-7-6 of this Code; and for these purposes it may
20        issue subpoenas and compel the  attendance  of  witnesses
21        and  the  production  of  writings  and  papers,  and may
22        examine under oath any witnesses who  may  appear  before
23        it; to also investigate alleged violations of a parolee's
24        or  releasee's  conditions  of parole or release; and for
25        this purpose  it  may  issue  subpoenas  and  compel  the
26        attendance  of  witnesses and the production of documents
27        only if there is reason to believe that  such  procedures
28        would   provide   evidence   that  such  violations  have
29        occurred.
30             If any person fails to obey a subpoena issued  under
31        this  subsection,  the  Director may apply to any circuit
32        court  to  secure  compliance  with  the  subpoena.   The
33        failure to comply with the order of the court  issued  in
34        response  thereto  shall  be  punishable  as  contempt of
 
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 1        court.
 2             (i)  To appoint and remove the chief  administrative
 3        officers,   and   administer  programs  of  training  and
 4        development of personnel  of  the  Department.  Personnel
 5        assigned  by  the  Department  to  be responsible for the
 6        custody  and  control  of   committed   persons   or   to
 7        investigate  the  alleged misconduct of committed persons
 8        or employees or alleged  violations  of  a  parolee's  or
 9        releasee's  conditions of parole shall be conservators of
10        the peace for those purposes, and  shall  have  the  full
11        power  of peace officers outside of the facilities of the
12        Department  in  the  protection,  arrest,  retaking   and
13        reconfining of committed persons or where the exercise of
14        such  power  is  necessary  to  the investigation of such
15        misconduct or violations.
16             (j)  To  cooperate  with   other   departments   and
17        agencies  and  with local communities for the development
18        of  standards  and  programs  for   better   correctional
19        services in this State.
20             (k)  To  administer all moneys and properties of the
21        Department.
22             (l)  To report  annually  to  the  Governor  on  the
23        committed  persons,  institutions  and  programs  of  the
24        Department.
25             (l-5)  In   a  confidential  annual  report  to  the
26        Governor, the Department shall identify all inmate  gangs
27        by  specifying  each  current gang's name, population and
28        allied gangs.  The Department shall further  specify  the
29        number  of  top  leaders identified by the Department for
30        each gang during the past year, and the measures taken by
31        the Department to segregate each leader from his  or  her
32        gang  and  allied  gangs.   The  Department shall further
33        report the  current  status  of  leaders  identified  and
34        segregated  in  previous years.  All leaders described in
 
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 1        the report shall be identified by inmate number or  other
 2        designation    to    enable   tracking,   auditing,   and
 3        verification without revealing the names of the  leaders.
 4        Because this report contains law enforcement intelligence
 5        information  collected  by  the Department, the report is
 6        confidential and not subject to public disclosure.
 7             (m)  To make all rules and regulations and  exercise
 8        all powers and duties vested by law in the Department.
 9             (n)  To   establish   rules   and   regulations  for
10        administering  a  system   of   good   conduct   credits,
11        established  in accordance with Section 3-6-3, subject to
12        review by the Prisoner Review Board.
13             (o)  To administer the distribution  of  funds  from
14        the  State  Treasury  to  reimburse  counties where State
15        penal  institutions  are  located  for  the  payment   of
16        assistant   state's  attorneys'  salaries  under  Section
17        4-2001 of the Counties Code.
18             (p)  To exchange information with the Department  of
19        Human  Services and the Illinois Department of Public Aid
20        for the purpose of verifying living arrangements and  for
21        other purposes directly connected with the administration
22        of this Code and the Illinois Public Aid Code.
23             (q)  To establish a diversion program.
24             The  program  shall provide a structured environment
25        for selected technical  parole  or  mandatory  supervised
26        release violators and committed persons who have violated
27        the  rules governing their conduct while in work release.
28        This program shall not apply to those  persons  who  have
29        committed  a  new  offense  while  serving  on  parole or
30        mandatory supervised release or while committed  to  work
31        release.
32             Elements of the program shall include, but shall not
33        be limited to, the following:
34                  (1)  The  staff  of  a diversion facility shall
 
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 1             provide  supervision  in  accordance  with  required
 2             objectives set by the facility.
 3                  (2)  Participants shall be required to maintain
 4             employment.
 5                  (3)  Each participant shall pay  for  room  and
 6             board  at  the  facility  on  a  sliding-scale basis
 7             according to the participant's income.
 8                  (4)  Each participant shall:
 9                       (A)  provide  restitution  to  victims  in
10                  accordance with any court order;
11                       (B)  provide  financial  support  to   his
12                  dependents; and
13                       (C)  make  appropriate payments toward any
14                  other court-ordered obligations.
15                  (5)  Each participant shall complete  community
16             service in addition to employment.
17                  (6)  Participants   shall  take  part  in  such
18             counseling, educational and other  programs  as  the
19             Department may deem appropriate.
20                  (7)  Participants  shall  submit  to  drug  and
21             alcohol screening.
22                  (8)  The   Department  shall  promulgate  rules
23             governing the administration of the program.
24             (r)  To  enter  into  intergovernmental  cooperation
25        agreements under which persons  in  the  custody  of  the
26        Department   may   participate   in   a   county   impact
27        incarceration program established under Section 3-6038 or
28        3-15003.5 of the Counties Code.
29             (r-5)  To  enter  into intergovernmental cooperation
30        agreements under which minors adjudicated delinquent  and
31        committed  to  the  Department  of  Corrections, Juvenile
32        Division, may participate in  a  county  juvenile  impact
33        incarceration program established under Section 3-6039 of
34        the Counties Code.
 
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 1             (r-10)  To  systematically  and  routinely  identify
 2        with   respect  to  each  streetgang  active  within  the
 3        correctional system: (1)  each  active  gang;  (2)  every
 4        existing  inter-gang affiliation or alliance; and (3) the
 5        current leaders  in  each  gang.   The  Department  shall
 6        promptly  segregate  leaders  from  inmates who belong to
 7        their gangs  and  allied  gangs.   "Segregate"  means  no
 8        physical  contact  and,  to the extent possible under the
 9        conditions  and  space  available  at  the   correctional
10        facility,  prohibition of visual and sound communication.
11        For the purposes  of  this  paragraph  (r-10),  "leaders"
12        means persons who:
13                  (i)  are members of a criminal streetgang;
14                  (ii)  with  respect to other individuals within
15             the streetgang,  occupy  a  position  of  organizer,
16             supervisor,  or  other  position  of  management  or
17             leadership; and
18                  (iii)  are  actively  and personally engaged in
19             directing,  ordering,  authorizing,  or   requesting
20             commission  of  criminal  acts  by others, which are
21             punishable as a felony, in furtherance of streetgang
22             related activity both  within  and  outside  of  the
23             Department of Corrections.
24        "Streetgang",  "gang",  and "streetgang related" have the
25        meanings ascribed to them in Section 10 of  the  Illinois
26        Streetgang Terrorism Omnibus Prevention Act.
27             (s)  To    operate    a    super-maximum    security
28        institution, in order to manage and supervise inmates who
29        are  disruptive  or  dangerous and provide for the safety
30        and security of the staff and the other inmates.
31             (t)  To monitor any unprivileged conversation or any
32        unprivileged communication,  whether  in  person  or   by
33        mail,  telephone,  or other means, between an inmate who,
34        before commitment to the Department, was a member  of  an
 
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 1        organized  gang  and any other person without the need to
 2        show cause or satisfy any other requirement of law before
 3        beginning  the  monitoring,  except  as  constitutionally
 4        required. The monitoring may be by video, voice, or other
 5        method of recording or by any other means.   As  used  in
 6        this subdivision (1)(t), "organized gang" has the meaning
 7        ascribed  to  it in Section 10 of the Illinois Streetgang
 8        Terrorism Omnibus Prevention Act.
 9             As used in this  subdivision  (1)(t),  "unprivileged
10        conversation"  or  "unprivileged  communication"  means a
11        conversation or communication that is  not  protected  by
12        any  privilege recognized by law or by decision, rule, or
13        order of the Illinois Supreme Court.
14             (u)  To   establish   a   Women's   and   Children's
15        Pre-release Community Supervision Program for the purpose
16        of providing housing  and  services  to  eligible  female
17        inmates,  as  determined  by  the  Department,  and their
18        newborn and young children.
19             (v)  To do all other acts necessary to carry out the
20        provisions of this Chapter.
21        (2)  The Department of Corrections shall  by  January  1,
22    1998, consider building and operating a correctional facility
23    within  100  miles of a county of over 2,000,000 inhabitants,
24    especially a facility designed to house juvenile participants
25    in the impact incarceration program.
26        (3)  When the Department  lets  bids  for  contracts  for
27    medical  services  to  be  provided  to  persons committed to
28    Department facilities by a health  maintenance  organization,
29    medical  service  corporation, or other health care provider,
30    the bid may only be let to a health care  provider  that  has
31    obtained  an irrevocable letter of credit or performance bond
32    issued by a company whose bonds  are  rated  AAA  by  a  bond
33    rating organization.
34        (4)  When the Department lets bids for contracts for food
 
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 1    or   commissary   services   to  be  provided  to  Department
 2    facilities, the bid may only be let to a food  or  commissary
 3    services  provider that has obtained an irrevocable letter of
 4    credit or performance bond issued by a  company  whose  bonds
 5    are rated AAA by a bond rating organization.
 6        (5)  The  Department  of  Corrections  shall  produce  an
 7    educational  video  on  the  realities  of prison life.  This
 8    video shall be filmed by the Department of Corrections, shall
 9    have a running time of approximately 30 minutes, and shall be
10    updated and refilmed by the Department every  4  years.   The
11    Department  of  Corrections  shall  make  the video available
12    annually, without charge, to school districts and educational
13    administrators throughout the State as a tool  to  discourage
14    students from criminal behavior.
15    (Source:  P.A.  91-239,  eff.  1-1-00;  91-357, eff. 7-29-99;
16    92-444, eff. 1-1-02; 92-712, eff. 1-1-03.)

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.