Illinois General Assembly - Full Text of SB1338
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Full Text of SB1338  97th General Assembly


Rep. Michael J. Madigan

Filed: 5/22/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 1338 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 3-2-5 as follows:
6    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)
7    Sec. 3-2-5. Organization of the Department of Corrections
8and the Department of Juvenile Justice.
9    (a) There shall be an Adult Division within the the
10Department which shall be administered by an Assistant Director
11appointed by the Governor under The Civil Administrative Code
12of Illinois. The Assistant Director shall be under the
13direction of the Director. The Adult Division shall be
14responsible for all persons committed or transferred to the
15Department under Sections 3-10-7 or 5-8-6 of this Code.
16    (b) There shall be a Department of Juvenile Justice which



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1shall be administered by a Director appointed by the Governor
2under the Civil Administrative Code of Illinois. The Department
3of Juvenile Justice shall be responsible for all persons under
417 years of age when sentenced to imprisonment and committed to
5the Department under subsection (c) of Section 5-8-6 of this
6Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
7of the Juvenile Court Act of 1987. Persons under 17 years of
8age committed to the Department of Juvenile Justice pursuant to
9this Code shall be sight and sound separate from adult
10offenders committed to the Department of Corrections.
11    (c) The Department shall create a gang intelligence unit
12under the supervision of the Director. The unit shall be
13specifically designed to gather information regarding the
14inmate gang population, monitor the activities of gangs, and
15prevent the furtherance of gang activities through the
16development and implementation of policies aimed at deterring
17gang activity. The Director shall appoint a Corrections
18Intelligence Coordinator.
19    All information collected and maintained by the unit shall
20be highly confidential, and access to that information shall be
21restricted by the Department. The information shall be used to
22control and limit the activities of gangs within correctional
23institutions under the jurisdiction of the Illinois Department
24of Corrections and may be shared with other law enforcement
25agencies in order to curb gang activities outside of
26correctional institutions under the jurisdiction of the



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1Department and to assist in the investigations and prosecutions
2of gang activity. The Department shall establish and promulgate
3rules governing the release of information to outside law
4enforcement agencies. Due to the highly sensitive nature of the
5information, the information is exempt from requests for
6disclosure under the Freedom of Information Act as the
7information contained is highly confidential and may be harmful
8if disclosed.
9    The Department shall file an annual report with the General
10Assembly on the profile of the inmate population associated
11with gangs, gang-related activity within correctional
12institutions under the jurisdiction of the Department, and an
13overall status of the unit as it relates to its function and
15(Source: P.A. 94-696, eff. 6-1-06.)".