Full Text of SB0092 94th General Assembly
SB0092ham003 94TH GENERAL ASSEMBLY
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Rep. Annazette Collins
Filed: 5/31/2005
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09400SB0092ham003 |
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LRB094 06238 EFG 47447 a |
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| AMENDMENT TO SENATE BILL 92
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| AMENDMENT NO. ______. Amend Senate Bill 92, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Unified Code of Corrections is amended by | 6 |
| changing Section 3-2-5 and adding Section 3-2-5.1 as follows:
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| (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
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| Sec. 3-2-5. Organization of the Department ; Adult | 9 |
| Department of Corrections and the Department of Juvenile | 10 |
| Justice .
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| (a) There shall be an Adult Division within the Department | 12 |
| which shall
be administered by an Assistant Director appointed | 13 |
| by the Governor under
The Civil Administrative Code of | 14 |
| Illinois. The Assistant Director shall be
under the direction | 15 |
| of the Director. The Adult Division shall be
responsible for | 16 |
| all persons committed or transferred to the Department
under | 17 |
| Sections 3-10-7 or 5-8-6 of this Code.
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| (b) There shall be a Department of Juvenile Justice which | 19 |
| shall be administered by a Director appointed by the Governor | 20 |
| under the Civil Administrative Code of Illinois. The Department | 21 |
| of Juvenile Justice shall be responsible for all persons | 22 |
| committed to the Department of Corrections under Section 5-8-6 | 23 |
| of this Code, Section 5-10 of the Juvenile Court Act, or | 24 |
| Section 5-750 of the Juvenile Court Act of 1987. Youth |
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| committed to the Department of Juvenile Justice pursuant to | 2 |
| this Code shall be sight and sound separate from youth | 3 |
| committed to the Department of Juvenile Justice pursuant to the | 4 |
| Juvenile Court Act.
There shall be a Juvenile Division within | 5 |
| the Department which shall
be administered by an Assistant | 6 |
| Director appointed by the Governor under
The Civil | 7 |
| Administrative Code of Illinois. The Assistant Director shall | 8 |
| be
under the direction of the Director. The Juvenile Division | 9 |
| shall be
responsible for all persons committed to the Juvenile | 10 |
| Division of the
Department under Section 5-8-6 of this Code or | 11 |
| Section 5-10 of
the Juvenile Court Act or Section 5-750 of the | 12 |
| Juvenile Court Act
of 1987.
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| (c) The Department shall create a gang intelligence unit | 14 |
| under the
supervision of the Director. The unit shall be | 15 |
| specifically designed to gather
information regarding the | 16 |
| inmate gang population, monitor the activities of
gangs, and | 17 |
| prevent the furtherance of gang activities through the | 18 |
| development
and implementation of policies aimed at deterring | 19 |
| gang activity. The Director
shall appoint a Corrections | 20 |
| Intelligence Coordinator.
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| All information collected and maintained by the unit shall | 22 |
| be highly
confidential, and access to that information shall be | 23 |
| restricted by the
Department. The information
shall be used to | 24 |
| control and limit the activities of gangs within correctional
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| institutions under the jurisdiction of the Illinois
Department | 26 |
| of Corrections and may be shared with other law enforcement | 27 |
| agencies
in order to curb gang activities outside of | 28 |
| correctional institutions under the
jurisdiction of the | 29 |
| Department and to assist in
the investigations and prosecutions | 30 |
| of gang activity. The Department shall
establish and promulgate | 31 |
| rules governing the release of information to outside
law | 32 |
| enforcement agencies. Due to the highly sensitive nature of the
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| information, the information is exempt from requests for | 34 |
| disclosure under the
Freedom
of Information Act as the |
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| information contained is highly confidential and may
be harmful | 2 |
| if disclosed.
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| The Department shall file an annual report with the General | 4 |
| Assembly on the
profile of the inmate
population associated | 5 |
| with gangs, gang-related activity within correctional
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| institutions under the jurisdiction of the Department,
and an | 7 |
| overall status of the unit as it relates to its function and
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| performance.
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| (Source: P.A. 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.)
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| (730 ILCS 5/3-2-5.1 new)
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| Sec. 3-2-5.1. Department of Juvenile Justice: transition; | 12 |
| personnel; contracts. | 13 |
| (a) The Department of Juvenile Justice shall assume the | 14 |
| rights, powers, duties, and responsibilities of the Juvenile | 15 |
| Division of the Department of Corrections. Personnel, books, | 16 |
| records, property, and unencumbered appropriations pertaining | 17 |
| to the Juvenile Division of the Department of Corrections shall | 18 |
| be transferred to the Department of Juvenile Justice, effective | 19 |
| January 1, 2006. Any rights of employees or the State under the | 20 |
| Personnel Code or any other contract or plan shall be | 21 |
| unaffected by this transfer.
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| (b) Department of Juvenile Justice personnel who are first | 23 |
| employed by the Department after January 1, 2006 and who | 24 |
| provide counseling, educational, vocational, or treatment | 25 |
| services directly to juveniles must be over the age of 21 and | 26 |
| have graduated from an accredited 4-year college or university | 27 |
| with a specialization in criminal justice, education, | 28 |
| psychology, sociology, social work, or a closely related social | 29 |
| science. Work experience in a residential treatment program | 30 |
| that includes supervision or counseling of troubled youth | 31 |
| between 10 and 17 years of age may be substituted on a | 32 |
| year-for-year basis for the stated education specialization | 33 |
| requirement.
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| (c) The Department of Juvenile Justice shall not contract | 2 |
| with a private contractor or private
vendor for the provision | 3 |
| of services relating to the operation of a
juvenile | 4 |
| correctional or residential facility or the incarceration of | 5 |
| persons in the custody of the
Department of Juvenile Justice; | 6 |
| however, this restriction does not apply to (1) work
release | 7 |
| centers or juvenile correctional or residential facilities | 8 |
| that provide separate care
or special treatment operated in | 9 |
| whole or part by private contractors or
(2)
contracts for | 10 |
| ancillary services, including medical services, educational
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| services, repair and maintenance contracts, or other services | 12 |
| not directly
related to the ownership, management, or operation | 13 |
| of security services in a
juvenile correctional or residential | 14 |
| facility.
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| Section 99. Effective date. This Act takes effect January | 16 |
| 1, 2006.".
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