Illinois General Assembly - Full Text of HB5766
Illinois General Assembly

Previous General Assemblies

Full Text of HB5766  98th General Assembly




HB5766 EngrossedLRB098 18670 RLC 53813 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 responsibilities
9which are otherwise provided by law, the Department shall have
10the 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.
17        (b) To develop and maintain reception and evaluation
18    units for purposes of analyzing the custody and
19    rehabilitation needs of persons committed to it and to
20    assign such persons to institutions and programs under its
21    control or transfer them to other appropriate agencies. In
22    consultation with the Department of Alcoholism and
23    Substance Abuse (now the Department of Human Services), the



HB5766 Engrossed- 2 -LRB098 18670 RLC 53813 b

1    Department of Corrections shall develop a master plan for
2    the screening and evaluation of persons committed to its
3    custody who have alcohol or drug abuse problems, and for
4    making appropriate treatment available to such persons;
5    the Department shall report to the General Assembly on such
6    plan not later than April 1, 1987. The maintenance and
7    implementation of such plan shall be contingent upon the
8    availability of funds.
9        (b-1) To create and implement, on January 1, 2002, a
10    pilot program to establish the effectiveness of
11    pupillometer technology (the measurement of the pupil's
12    reaction to light) as an alternative to a urine test for
13    purposes of screening and evaluating persons committed to
14    its custody who have alcohol or drug problems. The pilot
15    program shall require the pupillometer technology to be
16    used in at least one Department of Corrections facility.
17    The Director may expand the pilot program to include an
18    additional facility or facilities as he or she deems
19    appropriate. A minimum of 4,000 tests shall be included in
20    the pilot program. The Department must report to the
21    General Assembly on the effectiveness of the program by
22    January 1, 2003.
23        (b-5) To develop, in consultation with the Department
24    of State Police, a program for tracking and evaluating each
25    inmate from commitment through release for recording his or
26    her gang affiliations, activities, or ranks.



HB5766 Engrossed- 3 -LRB098 18670 RLC 53813 b

1        (c) To maintain and administer all State correctional
2    institutions and facilities under its control and to
3    establish new ones as needed. Pursuant to its power to
4    establish new institutions and facilities, the Department
5    may, with the written approval of the Governor, authorize
6    the Department of Central Management Services to enter into
7    an agreement of the type described in subsection (d) of
8    Section 405-300 of the Department of Central Management
9    Services Law (20 ILCS 405/405-300). The Department shall
10    designate those institutions which shall constitute the
11    State Penitentiary System.
12        Pursuant to its power to establish new institutions and
13    facilities, the Department may authorize the Department of
14    Central Management Services to accept bids from counties
15    and municipalities for the construction, remodeling or
16    conversion of a structure to be leased to the Department of
17    Corrections for the purposes of its serving as a
18    correctional institution or facility. Such construction,
19    remodeling or conversion may be financed with revenue bonds
20    issued pursuant to the Industrial Building Revenue Bond Act
21    by the municipality or county. The lease specified in a bid
22    shall be for a term of not less than the time needed to
23    retire any revenue bonds used to finance the project, but
24    not to exceed 40 years. The lease may grant to the State
25    the option to purchase the structure outright.
26        Upon receipt of the bids, the Department may certify



HB5766 Engrossed- 4 -LRB098 18670 RLC 53813 b

1    one or more of the bids and shall submit any such bids to
2    the General Assembly for approval. Upon approval of a bid
3    by a constitutional majority of both houses of the General
4    Assembly, pursuant to joint resolution, the Department of
5    Central Management Services may enter into an agreement
6    with the county or municipality pursuant to such bid.
7        (c-5) To build and maintain regional juvenile
8    detention centers and to charge a per diem to the counties
9    as established by the Department to defray the costs of
10    housing each minor in a center. In this subsection (c-5),
11    "juvenile detention center" means a facility to house
12    minors during pendency of trial who have been transferred
13    from proceedings under the Juvenile Court Act of 1987 to
14    prosecutions under the criminal laws of this State in
15    accordance with Section 5-805 of the Juvenile Court Act of
16    1987, whether the transfer was by operation of law or
17    permissive under that Section. The Department shall
18    designate the counties to be served by each regional
19    juvenile detention center.
20        (d) To develop and maintain programs of control,
21    rehabilitation and employment of committed persons within
22    its institutions.
23        (d-5) To provide a pre-release job preparation program
24    for inmates at Illinois adult correctional centers.
25        (e) To establish a system of supervision and guidance
26    of committed persons in the community.



HB5766 Engrossed- 5 -LRB098 18670 RLC 53813 b

1        (f) To establish in cooperation with the Department of
2    Transportation to supply a sufficient number of prisoners
3    for use by the Department of Transportation to clean up the
4    trash and garbage along State, county, township, or
5    municipal highways as designated by the Department of
6    Transportation. The Department of Corrections, at the
7    request of the Department of Transportation, shall furnish
8    such prisoners at least annually for a period to be agreed
9    upon between the Director of Corrections and the Director
10    of Transportation. The prisoners used on this program shall
11    be selected by the Director of Corrections on whatever
12    basis he deems proper in consideration of their term,
13    behavior and earned eligibility to participate in such
14    program - where they will be outside of the prison facility
15    but still in the custody of the Department of Corrections.
16    Prisoners convicted of first degree murder, or a Class X
17    felony, or armed violence, or aggravated kidnapping, or
18    criminal sexual assault, aggravated criminal sexual abuse
19    or a subsequent conviction for criminal sexual abuse, or
20    forcible detention, or arson, or a prisoner adjudged a
21    Habitual Criminal shall not be eligible for selection to
22    participate in such program. The prisoners shall remain as
23    prisoners in the custody of the Department of Corrections
24    and such Department shall furnish whatever security is
25    necessary. The Department of Transportation shall furnish
26    trucks and equipment for the highway cleanup program and



HB5766 Engrossed- 6 -LRB098 18670 RLC 53813 b

1    personnel to supervise and direct the program. Neither the
2    Department of Corrections nor the Department of
3    Transportation shall replace any regular employee with a
4    prisoner.
5        (g) To maintain records of persons committed to it and
6    to establish programs of research, statistics and
7    planning.
8        (h) To investigate the grievances of any person
9    committed to the Department, to inquire into any alleged
10    misconduct by employees or committed persons, and to
11    investigate the assets of committed persons to implement
12    Section 3-7-6 of this Code; and for these purposes it may
13    issue subpoenas and compel the attendance of witnesses and
14    the production of writings and papers, and may examine
15    under oath any witnesses who may appear before it; to also
16    investigate alleged violations of a parolee's or
17    releasee's conditions of parole or release; and for this
18    purpose it may issue subpoenas and compel the attendance of
19    witnesses and the production of documents only if there is
20    reason to believe that such procedures would provide
21    evidence that such violations have occurred.
22        If any person fails to obey a subpoena issued under
23    this subsection, the Director may apply to any circuit
24    court to secure compliance with the subpoena. The failure
25    to comply with the order of the court issued in response
26    thereto shall be punishable as contempt of court.



HB5766 Engrossed- 7 -LRB098 18670 RLC 53813 b

1        (i) To appoint and remove the chief administrative
2    officers, and administer programs of training and
3    development of personnel of the Department. Personnel
4    assigned by the Department to be responsible for the
5    custody and control of committed persons or to investigate
6    the alleged misconduct of committed persons or employees or
7    alleged violations of a parolee's or releasee's conditions
8    of parole shall be conservators of the peace for those
9    purposes, and shall have the full power of peace officers
10    outside of the facilities of the Department in the
11    protection, arrest, retaking and reconfining of committed
12    persons or where the exercise of such power is necessary to
13    the investigation of such misconduct or violations. This
14    subsection shall not apply to persons committed to the
15    Department of Juvenile Justice under the Juvenile Court Act
16    of 1987 on aftercare release.
17        (j) To cooperate with other departments and agencies
18    and with local communities for the development of standards
19    and programs for better correctional services in this
20    State.
21        (k) To administer all moneys and properties of the
22    Department.
23        (l) To report annually to the Governor on the committed
24    persons, institutions and programs of the Department.
25        (l-5) (Blank).
26        (m) To make all rules and regulations and exercise all



HB5766 Engrossed- 8 -LRB098 18670 RLC 53813 b

1    powers and duties vested by law in the Department.
2        (n) To establish rules and regulations for
3    administering a system of sentence credits, established in
4    accordance with Section 3-6-3, subject to review by the
5    Prisoner Review Board.
6        (o) To administer the distribution of funds from the
7    State Treasury to reimburse counties where State penal
8    institutions are located for the payment of assistant
9    state's attorneys' salaries under Section 4-2001 of the
10    Counties Code.
11        (p) To exchange information with the Department of
12    Human Services and the Department of Healthcare and Family
13    Services for the purpose of verifying living arrangements
14    and for other purposes directly connected with the
15    administration of this Code and the Illinois Public Aid
16    Code.
17        (q) To establish a diversion program.
18        The program shall provide a structured environment for
19    selected technical parole or mandatory supervised release
20    violators and committed persons who have violated the rules
21    governing their conduct while in work release. This program
22    shall not apply to those persons who have committed a new
23    offense while serving on parole or mandatory supervised
24    release or while committed to work release.
25        Elements of the program shall include, but shall not be
26    limited to, the following:



HB5766 Engrossed- 9 -LRB098 18670 RLC 53813 b

1            (1) The staff of a diversion facility shall provide
2        supervision in accordance with required objectives set
3        by the facility.
4            (2) Participants shall be required to maintain
5        employment.
6            (3) Each participant shall pay for room and board
7        at the facility on a sliding-scale basis according to
8        the participant's income.
9            (4) Each participant shall:
10                (A) provide restitution to victims in
11            accordance with any court order;
12                (B) provide financial support to his
13            dependents; and
14                (C) make appropriate payments toward any other
15            court-ordered obligations.
16            (5) Each participant shall complete community
17        service in addition to employment.
18            (6) Participants shall take part in such
19        counseling, educational and other programs as the
20        Department may deem appropriate.
21            (7) Participants shall submit to drug and alcohol
22        screening.
23            (8) The Department shall promulgate rules
24        governing the administration of the program.
25        (r) To enter into intergovernmental cooperation
26    agreements under which persons in the custody of the



HB5766 Engrossed- 10 -LRB098 18670 RLC 53813 b

1    Department may participate in a county impact
2    incarceration program established under Section 3-6038 or
3    3-15003.5 of the Counties Code.
4        (r-5) (Blank).
5        (r-10) To systematically and routinely identify with
6    respect to each streetgang active within the correctional
7    system: (1) each active gang; (2) every existing inter-gang
8    affiliation or alliance; and (3) the current leaders in
9    each gang. The Department shall promptly segregate leaders
10    from inmates who belong to their gangs and allied gangs.
11    "Segregate" means no physical contact and, to the extent
12    possible under the conditions and space available at the
13    correctional facility, prohibition of visual and sound
14    communication. For the purposes of this paragraph (r-10),
15    "leaders" means persons who:
16            (i) are members of a criminal streetgang;
17            (ii) with respect to other individuals within the
18        streetgang, occupy a position of organizer,
19        supervisor, or other position of management or
20        leadership; and
21            (iii) are actively and personally engaged in
22        directing, ordering, authorizing, or requesting
23        commission of criminal acts by others, which are
24        punishable as a felony, in furtherance of streetgang
25        related activity both within and outside of the
26        Department of Corrections.



HB5766 Engrossed- 11 -LRB098 18670 RLC 53813 b

1    "Streetgang", "gang", and "streetgang related" have the
2    meanings ascribed to them in Section 10 of the Illinois
3    Streetgang Terrorism Omnibus Prevention Act.
4        (s) To operate a super-maximum security institution,
5    in order to manage and supervise inmates who are disruptive
6    or dangerous and provide for the safety and security of the
7    staff and the other inmates.
8        (t) To monitor any unprivileged conversation or any
9    unprivileged communication, whether in person or by mail,
10    telephone, or other means, between an inmate who, before
11    commitment to the Department, was a member of an organized
12    gang and any other person without the need to show cause or
13    satisfy any other requirement of law before beginning the
14    monitoring, except as constitutionally required. The
15    monitoring may be by video, voice, or other method of
16    recording or by any other means. As used in this
17    subdivision (1)(t), "organized gang" has the meaning
18    ascribed to it in Section 10 of the Illinois Streetgang
19    Terrorism Omnibus Prevention Act.
20        As used in this subdivision (1)(t), "unprivileged
21    conversation" or "unprivileged communication" means a
22    conversation or communication that is not protected by any
23    privilege recognized by law or by decision, rule, or order
24    of the Illinois Supreme Court.
25        (u) To establish a Women's and Children's Pre-release
26    Community Supervision Program for the purpose of providing



HB5766 Engrossed- 12 -LRB098 18670 RLC 53813 b

1    housing and services to eligible female inmates, as
2    determined by the Department, and their newborn and young
3    children.
4        (u-5) To issue an order, whenever a person committed to
5    the Department absconds or absents himself or herself,
6    without authority to do so, from any facility or program to
7    which he or she is assigned. The order shall be certified
8    by the Director, the Supervisor of the Apprehension Unit,
9    or any person duly designated by the Director, with the
10    seal of the Department affixed. The order shall be directed
11    to all sheriffs, coroners, and police officers, or to any
12    particular person named in the order. Any order issued
13    pursuant to this subdivision (1) (u-5) shall be sufficient
14    warrant for the officer or person named in the order to
15    arrest and deliver the committed person to the proper
16    correctional officials and shall be executed the same as
17    criminal process.
18        (u-6) To establish a pilot program under which the
19    Department may identify one or more facilities in each of 3
20    counties, including Cook County, DuPage County, and
21    another county selected by the Department which currently
22    participates in the Adult Redeploy Illinois program under
23    Section 20 of the Illinois Crime Reduction Act of 2009. The
24    Department may enter into an intergovernmental agreement
25    with each participating county to establish one or more
26    facilities in that county for the purpose of delivering



HB5766 Engrossed- 13 -LRB098 18670 RLC 53813 b

1    intensive and individualized evidence-based substance
2    abuse treatment to persons sentenced to incarceration, or
3    one or more work release facilities, or both. Contingent
4    upon the establishment of a facility under an
5    intergovernmental agreement between a participating county
6    and the Department, if the court finds that any offender
7    sentenced to a term of incarceration for any Class 2, Class
8    3, or Class 4 felony violation of Section 402 of the
9    Illinois Controlled Substances Act, Section 4 of the
10    Cannabis Control Act, Section 60 of the Methamphetamine
11    Control and Community Protection Act, Article 16 or 17 of
12    the Criminal Code of 2012, burglary, or possession of
13    burglary tools, may meet the eligibility requirements of
14    the Department, then the court may in its sentencing order
15    approve the offender for placement in the program,
16    conditioned upon his or her acceptance in the program by
17    the Department. Notwithstanding the sentencing provisions
18    of this Code, the sentencing order also shall provide that
19    if the Department accepts the offender in the program and
20    determines that the offender has successfully completed
21    the program, the sentence shall be reduced to time
22    considered served upon certification to the court by the
23    Department that the offender has successfully completed
24    the program. In the event the offender is not accepted for
25    placement in the program or the offender does not
26    successfully complete the program, his or her term of



HB5766 Engrossed- 14 -LRB098 18670 RLC 53813 b

1    imprisonment shall be as set forth by the court in its
2    sentencing order. In order to be eligible to participate in
3    the program, the committed person shall meet all of the
4    following requirements:
5            (1) A risks and needs assessment of the defendant
6        conducted by the Department indicates that the person
7        has an addiction or other severe substance abuse
8        problem which makes it likely that he or she will
9        reoffend if the substance abuse problem is not
10        effectively treated.
11            (2) The person has not previously participated in
12        the program and has not previously served a sentence of
13        imprisonment for a felony in an adult correctional
14        facility.
15            (3) The person has consented in writing to
16        participation in the program and to the terms and
17        conditions thereof.
18        The pilot program shall terminate on January 1, 2019.
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, 1998,
22consider building and operating a correctional facility within
23100 miles of a county of over 2,000,000 inhabitants, especially
24a facility designed to house juvenile participants in the
25impact incarceration program.
26    (3) When the Department lets bids for contracts for medical



HB5766 Engrossed- 15 -LRB098 18670 RLC 53813 b

1services to be provided to persons committed to Department
2facilities by a health maintenance organization, medical
3service corporation, or other health care provider, the bid may
4only be let to a health care provider that has obtained an
5irrevocable letter of credit or performance bond issued by a
6company whose bonds have an investment grade or higher rating
7by a bond rating organization.
8    (4) When the Department lets bids for contracts for food or
9commissary services to be provided to Department facilities,
10the bid may only be let to a food or commissary services
11provider that has obtained an irrevocable letter of credit or
12performance bond issued by a company whose bonds have an
13investment grade or higher rating by a bond rating
15    (5) On and after the date 6 months after August 16, 2013
16(the effective date of Public Act 98-488) this amendatory Act
17of the 98th General Assembly, as provided in the Executive
18Order 1 (2012) Implementation Act, all of the powers, duties,
19rights, and responsibilities related to State healthcare
20purchasing under this Code that were transferred from the
21Department of Corrections to the Department of Healthcare and
22Family Services by Executive Order 3 (2005) are transferred
23back to the Department of Corrections; however, powers, duties,
24rights, and responsibilities related to State healthcare
25purchasing under this Code that were exercised by the
26Department of Corrections before the effective date of



HB5766 Engrossed- 16 -LRB098 18670 RLC 53813 b

1Executive Order 3 (2005) but that pertain to individuals
2resident in facilities operated by the Department of Juvenile
3Justice are transferred to the Department of Juvenile Justice.
4(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
597-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
68-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.