Full Text of SB3814 97th General Assembly
SB3814sam001 97TH GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 3/1/2012
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| 1 | | AMENDMENT TO SENATE BILL 3814
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3814 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5 as follows:
| 6 | | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
| 7 | | Sec. 5. Arrest reports. | 8 | | (a) All policing bodies of this State shall furnish to the | 9 | | Department,
daily, in the form and detail the Department | 10 | | requires, fingerprints , and
descriptions , and ethnic and | 11 | | racial background as outlined in subsection (b) of all persons | 12 | | who are arrested on charges of violating any penal
statute of | 13 | | this State for offenses that are classified as felonies and | 14 | | Class
A or B misdemeanors and of all minors of the age of 10 and | 15 | | over who have been
arrested for an offense which would be a | 16 | | felony if committed by an adult, and
may forward such |
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| 1 | | fingerprints and descriptions for minors arrested for Class A
| 2 | | or B misdemeanors. Moving or nonmoving traffic violations under | 3 | | the Illinois
Vehicle Code shall not be reported except for | 4 | | violations of Chapter 4, Section
11-204.1, or Section 11-501 of | 5 | | that Code. In addition, conservation offenses,
as defined in | 6 | | the Supreme Court Rule 501(c), that are classified as Class B
| 7 | | misdemeanors shall not be reported. Those law enforcement | 8 | | records maintained by the Department for minors arrested for an | 9 | | offense prior to their 17th birthday, or minors arrested for a | 10 | | non-felony offense, if committed by an adult, prior to their | 11 | | 18th birthday, shall not be forwarded to the Federal Bureau of | 12 | | Investigation unless those records relate to an arrest in which | 13 | | a minor was charged as an adult under any of the transfer | 14 | | provisions of the Juvenile Court Act of 1987.
| 15 | | (b) Ethnic and racial background data shall be collected at | 16 | | the point of arrest for all persons arrested. The data shall be | 17 | | collected as outlined in subsection (c) for the purpose of | 18 | | accuracy. If a person arrested is uncooperative or unable to | 19 | | self-identify their ethnicity or race, or both, the officer or | 20 | | officers making the arrest report must orally administer the | 21 | | ethnicity questions provided in subsection (c). If the arrestee | 22 | | is still uncooperative or unable to self-identify or answer the | 23 | | questions, the officer or officers making the arrest reports | 24 | | may then infer the ethnicity or race, or both, of the arrestee. | 25 | | (c) Ethnicity self-identification forms shall be printed | 26 | | for, provided to, and completed by each arrestee. The ethnicity |
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| 1 | | self-identification forms shall include the following | 2 | | questions and answer choices: | 3 | | (1) Are you of Hispanic, Latino, or Spanish origin?
| 4 | | (...) Yes (...) No. | 5 | | (2) What is your race?
(...) American Indian or Alaskan | 6 | | Native; (...) Asian; (...)
Black or African American; (...) | 7 | | Native American or Other
Pacific Islander; (...) White or | 8 | | Caucasian; (...) Some other
race. | 9 | | (Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09; | 10 | | 96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff. | 11 | | 7-2-10.)
| 12 | | Section 10. The Unified Code of Corrections is amended by | 13 | | changing Sections 3-2-2 and 3-5-3 as follows:
| 14 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 15 | | Sec. 3-2-2. Powers and Duties of the Department.
| 16 | | (1) In addition to the powers, duties and responsibilities | 17 | | which are
otherwise provided by law, the Department shall have | 18 | | the following powers:
| 19 | | (a) To accept persons committed to it by the courts of | 20 | | this State for
care, custody, treatment and | 21 | | rehabilitation, and to accept federal prisoners and aliens | 22 | | over whom the Office of the Federal Detention Trustee is | 23 | | authorized to exercise the federal detention function for | 24 | | limited purposes and periods of time.
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| 1 | | (b) To develop and maintain reception and evaluation | 2 | | units for purposes
of analyzing the custody and | 3 | | rehabilitation needs of persons committed to
it and to | 4 | | assign such persons to institutions and programs under its | 5 | | control
or transfer them to other appropriate agencies. In | 6 | | consultation with the
Department of Alcoholism and | 7 | | Substance Abuse (now the Department of Human
Services), the | 8 | | Department of Corrections
shall develop a master plan for | 9 | | the screening and evaluation of persons
committed to its | 10 | | custody who have alcohol or drug abuse problems, and for
| 11 | | making appropriate treatment available to such persons; | 12 | | the Department
shall report to the General Assembly on such | 13 | | plan not later than April 1,
1987. The maintenance and | 14 | | implementation of such plan shall be contingent
upon the | 15 | | availability of funds.
| 16 | | (b-1) To create and implement, on January 1, 2002, a | 17 | | pilot
program to
establish the effectiveness of | 18 | | pupillometer technology (the measurement of the
pupil's
| 19 | | reaction to light) as an alternative to a urine test for | 20 | | purposes of screening
and evaluating
persons committed to | 21 | | its custody who have alcohol or drug problems. The
pilot | 22 | | program shall require the pupillometer technology to be | 23 | | used in at
least one Department of
Corrections facility. | 24 | | The Director may expand the pilot program to include an
| 25 | | additional facility or
facilities as he or she deems | 26 | | appropriate.
A minimum of 4,000 tests shall be included in |
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| 1 | | the pilot program.
The
Department must report to the
| 2 | | General Assembly on the
effectiveness of the program by | 3 | | January 1, 2003.
| 4 | | (b-5) To develop, in consultation with the Department | 5 | | of State Police, a
program for tracking and evaluating each | 6 | | inmate from commitment through release
for recording his or | 7 | | her gang affiliations, activities, or ranks.
| 8 | | (c) To maintain and administer all State correctional | 9 | | institutions and
facilities under its control and to | 10 | | establish new ones as needed. Pursuant
to its power to | 11 | | establish new institutions and facilities, the Department
| 12 | | may, with the written approval of the Governor, authorize | 13 | | the Department of
Central Management Services to enter into | 14 | | an agreement of the type
described in subsection (d) of | 15 | | Section 405-300 of the
Department
of Central Management | 16 | | Services Law (20 ILCS 405/405-300). The Department shall
| 17 | | designate those institutions which
shall constitute the | 18 | | State Penitentiary System.
| 19 | | Pursuant to its power to establish new institutions and | 20 | | facilities, the
Department may authorize the Department of | 21 | | Central Management Services to
accept bids from counties | 22 | | and municipalities for the construction,
remodeling or | 23 | | conversion of a structure to be leased to the Department of
| 24 | | Corrections for the purposes of its serving as a | 25 | | correctional institution
or facility. Such construction, | 26 | | remodeling or conversion may be financed
with revenue bonds |
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| 1 | | issued pursuant to the Industrial Building Revenue Bond
Act | 2 | | by the municipality or county. The lease specified in a bid | 3 | | shall be
for a term of not less than the time needed to | 4 | | retire any revenue bonds
used to finance the project, but | 5 | | not to exceed 40 years. The lease may
grant to the State | 6 | | the option to purchase the structure outright.
| 7 | | Upon receipt of the bids, the Department may certify | 8 | | one or more of the
bids and shall submit any such bids to | 9 | | the General Assembly for approval.
Upon approval of a bid | 10 | | by a constitutional majority of both houses of the
General | 11 | | Assembly, pursuant to joint resolution, the Department of | 12 | | Central
Management Services may enter into an agreement | 13 | | with the county or
municipality pursuant to such bid.
| 14 | | (c-5) To build and maintain regional juvenile | 15 | | detention centers and to
charge a per diem to the counties | 16 | | as established by the Department to defray
the costs of | 17 | | housing each minor in a center. In this subsection (c-5),
| 18 | | "juvenile
detention center" means a facility to house | 19 | | minors during pendency of trial who
have been transferred | 20 | | from proceedings under the Juvenile Court Act of 1987 to
| 21 | | prosecutions under the criminal laws of this State in | 22 | | accordance with Section
5-805 of the Juvenile Court Act of | 23 | | 1987, whether the transfer was by operation
of
law or | 24 | | permissive under that Section. The Department shall | 25 | | designate the
counties to be served by each regional | 26 | | juvenile detention center.
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| 1 | | (d) To develop and maintain programs of control, | 2 | | rehabilitation and
employment of committed persons within | 3 | | its institutions.
| 4 | | (d-5) To provide a pre-release job preparation program | 5 | | for inmates at Illinois adult correctional centers.
| 6 | | (e) To establish a system of supervision and guidance | 7 | | of committed persons
in the community.
| 8 | | (f) To establish in cooperation with the Department of | 9 | | Transportation
to supply a sufficient number of prisoners | 10 | | for use by the Department of
Transportation to clean up the | 11 | | trash and garbage along State, county,
township, or | 12 | | municipal highways as designated by the Department of
| 13 | | Transportation. The Department of Corrections, at the | 14 | | request of the
Department of Transportation, shall furnish | 15 | | such prisoners at least
annually for a period to be agreed | 16 | | upon between the Director of
Corrections and the Director | 17 | | of Transportation. The prisoners used on this
program shall | 18 | | be selected by the Director of Corrections on whatever | 19 | | basis
he deems proper in consideration of their term, | 20 | | behavior and earned eligibility
to participate in such | 21 | | program - where they will be outside of the prison
facility | 22 | | but still in the custody of the Department of Corrections. | 23 | | Prisoners
convicted of first degree murder, or a Class X | 24 | | felony, or armed violence, or
aggravated kidnapping, or | 25 | | criminal sexual assault, aggravated criminal sexual
abuse | 26 | | or a subsequent conviction for criminal sexual abuse, or |
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| 1 | | forcible
detention, or arson, or a prisoner adjudged a | 2 | | Habitual Criminal shall not be
eligible for selection to | 3 | | participate in such program. The prisoners shall
remain as | 4 | | prisoners in the custody of the Department of Corrections | 5 | | and such
Department shall furnish whatever security is | 6 | | necessary. The Department of
Transportation shall furnish | 7 | | trucks and equipment for the highway cleanup
program and | 8 | | personnel to supervise and direct the program. Neither the
| 9 | | Department of Corrections nor the Department of | 10 | | Transportation shall replace
any regular employee with a | 11 | | prisoner.
| 12 | | (g) To maintain records of persons committed to it and | 13 | | to establish
programs of research, statistics and | 14 | | planning.
| 15 | | (g-5) Ethnic and racial data of each person committed | 16 | | to the Department of Corrections and the Department of | 17 | | Juvenile Justice shall be collected at each of the | 18 | | following contact points, where applicable, and included | 19 | | in the Department's records: arrest, referral, diversion, | 20 | | detention, petition, delinquency findings, probation, | 21 | | secure confinement, and transfer from juvenile to adult | 22 | | court. The ethnic and racial data of each person shall be | 23 | | collected in accordance with subsections (b) and (c) of | 24 | | Section 5 of the Criminal Identification Act.
| 25 | | (h) To investigate the grievances of any person | 26 | | committed to the
Department, to inquire into any alleged |
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| 1 | | misconduct by employees
or committed persons, and to | 2 | | investigate the assets
of committed persons to implement | 3 | | Section 3-7-6 of this Code; and for
these purposes it may | 4 | | issue subpoenas and compel the attendance of witnesses
and | 5 | | the production of writings and papers, and may examine | 6 | | under oath any
witnesses who may appear before it; to also | 7 | | investigate alleged violations
of a parolee's or | 8 | | releasee's conditions of parole or release; and for this
| 9 | | purpose it may issue subpoenas and compel the attendance of | 10 | | witnesses and
the production of documents only if there is | 11 | | reason to believe that such
procedures would provide | 12 | | evidence that such violations have occurred.
| 13 | | If any person fails to obey a subpoena issued under | 14 | | this subsection,
the Director may apply to any circuit | 15 | | court to secure compliance with the
subpoena. The failure | 16 | | to comply with the order of the court issued in
response | 17 | | thereto shall be punishable as contempt of court.
| 18 | | (i) To appoint and remove the chief administrative | 19 | | officers, and
administer
programs of training and | 20 | | development of personnel of the Department. Personnel
| 21 | | assigned by the Department to be responsible for the
| 22 | | custody and control of committed persons or to investigate | 23 | | the alleged
misconduct of committed persons or employees or | 24 | | alleged violations of a
parolee's or releasee's conditions | 25 | | of parole shall be conservators of the peace
for those | 26 | | purposes, and shall have the full power of peace officers |
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| 1 | | outside
of the facilities of the Department in the | 2 | | protection, arrest, retaking
and reconfining of committed | 3 | | persons or where the exercise of such power
is necessary to | 4 | | the investigation of such misconduct or violations.
| 5 | | (j) To cooperate with other departments and agencies | 6 | | and with local
communities for the development of standards | 7 | | and programs for better
correctional services in this | 8 | | State.
| 9 | | (k) To administer all moneys and properties of the | 10 | | Department.
| 11 | | (l) To report annually to the Governor on the committed
| 12 | | persons, institutions and programs of the Department.
| 13 | | (l-5) In a confidential annual report to the Governor, | 14 | | the Department
shall
identify all inmate gangs by | 15 | | specifying each current gang's name, population
and allied | 16 | | gangs. The Department shall further specify the number of | 17 | | top
leaders identified by the Department for each gang | 18 | | during the past year, and
the measures taken by the | 19 | | Department to segregate each leader from his or her
gang | 20 | | and allied gangs. The Department shall further report the | 21 | | current status
of leaders identified and segregated in | 22 | | previous years. All leaders described
in the report shall | 23 | | be identified by inmate number or other designation to
| 24 | | enable tracking, auditing, and verification without | 25 | | revealing the names of the
leaders. Because this report | 26 | | contains law enforcement intelligence information
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| 1 | | collected by the Department, the report is confidential and | 2 | | not subject to
public disclosure.
| 3 | | (m) To make all rules and regulations and exercise all | 4 | | powers and duties
vested by law in the Department.
| 5 | | (n) To establish rules and regulations for | 6 | | administering a system of
good conduct credits, | 7 | | established in accordance with Section 3-6-3, subject
to | 8 | | review by the Prisoner Review Board.
| 9 | | (o) To administer the distribution of funds
from the | 10 | | State Treasury to reimburse counties where State penal
| 11 | | institutions are located for the payment of assistant | 12 | | state's attorneys'
salaries under Section 4-2001 of the | 13 | | Counties Code.
| 14 | | (p) To exchange information with the Department of | 15 | | Human Services and the
Department of Healthcare and Family | 16 | | Services
for the purpose of verifying living arrangements | 17 | | and for other purposes
directly connected with the | 18 | | administration of this Code and the Illinois
Public Aid | 19 | | Code.
| 20 | | (q) To establish a diversion program.
| 21 | | The program shall provide a structured environment for | 22 | | selected
technical parole or mandatory supervised release | 23 | | violators and committed
persons who have violated the rules | 24 | | governing their conduct while in work
release. This program | 25 | | shall not apply to those persons who have committed
a new | 26 | | offense while serving on parole or mandatory supervised |
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| 1 | | release or
while committed to work release.
| 2 | | Elements of the program shall include, but shall not be | 3 | | limited to, the
following:
| 4 | | (1) The staff of a diversion facility shall provide | 5 | | supervision in
accordance with required objectives set | 6 | | by the facility.
| 7 | | (2) Participants shall be required to maintain | 8 | | employment.
| 9 | | (3) Each participant shall pay for room and board | 10 | | at the facility on a
sliding-scale basis according to | 11 | | the participant's income.
| 12 | | (4) Each participant shall:
| 13 | | (A) provide restitution to victims in | 14 | | accordance with any court order;
| 15 | | (B) provide financial support to his | 16 | | dependents; and
| 17 | | (C) make appropriate payments toward any other | 18 | | court-ordered
obligations.
| 19 | | (5) Each participant shall complete community | 20 | | service in addition to
employment.
| 21 | | (6) Participants shall take part in such | 22 | | counseling, educational and
other programs as the | 23 | | Department may deem appropriate.
| 24 | | (7) Participants shall submit to drug and alcohol | 25 | | screening.
| 26 | | (8) The Department shall promulgate rules |
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| 1 | | governing the administration
of the program.
| 2 | | (r) To enter into intergovernmental cooperation | 3 | | agreements under which
persons in the custody of the | 4 | | Department may participate in a county impact
| 5 | | incarceration program established under Section 3-6038 or | 6 | | 3-15003.5 of the
Counties Code.
| 7 | | (r-5) (Blank).
| 8 | | (r-10) To systematically and routinely identify with | 9 | | respect to each
streetgang active within the correctional | 10 | | system: (1) each active gang; (2)
every existing inter-gang | 11 | | affiliation or alliance; and (3) the current leaders
in | 12 | | each gang. The Department shall promptly segregate leaders | 13 | | from inmates who
belong to their gangs and allied gangs. | 14 | | "Segregate" means no physical contact
and, to the extent | 15 | | possible under the conditions and space available at the
| 16 | | correctional facility, prohibition of visual and sound | 17 | | communication. For the
purposes of this paragraph (r-10), | 18 | | "leaders" means persons who:
| 19 | | (i) are members of a criminal streetgang;
| 20 | | (ii) with respect to other individuals within the | 21 | | streetgang, occupy a
position of organizer, | 22 | | supervisor, or other position of management or
| 23 | | leadership; and
| 24 | | (iii) are actively and personally engaged in | 25 | | directing, ordering,
authorizing, or requesting | 26 | | commission of criminal acts by others, which are
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| 1 | | punishable as a felony, in furtherance of streetgang | 2 | | related activity both
within and outside of the | 3 | | Department of Corrections.
| 4 | | "Streetgang", "gang", and "streetgang related" have the | 5 | | meanings ascribed to
them in Section 10 of the Illinois | 6 | | Streetgang Terrorism Omnibus Prevention
Act.
| 7 | | (s) To operate a super-maximum security institution, | 8 | | in order to
manage and
supervise inmates who are disruptive | 9 | | or dangerous and provide for the safety
and security of the | 10 | | staff and the other inmates.
| 11 | | (t) To monitor any unprivileged conversation or any | 12 | | unprivileged
communication, whether in person or by mail, | 13 | | telephone, or other means,
between an inmate who, before | 14 | | commitment to the Department, was a member of an
organized | 15 | | gang and any other person without the need to show cause or | 16 | | satisfy
any other requirement of law before beginning the | 17 | | monitoring, except as
constitutionally required. The | 18 | | monitoring may be by video, voice, or other
method of | 19 | | recording or by any other means. As used in this | 20 | | subdivision (1)(t),
"organized gang" has the meaning | 21 | | ascribed to it in Section 10 of the Illinois
Streetgang | 22 | | Terrorism Omnibus Prevention Act.
| 23 | | As used in this subdivision (1)(t), "unprivileged | 24 | | conversation" or
"unprivileged communication" means a | 25 | | conversation or communication that is not
protected by any | 26 | | privilege recognized by law or by decision, rule, or order |
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| 1 | | of
the Illinois Supreme Court.
| 2 | | (u) To establish a Women's and Children's Pre-release | 3 | | Community
Supervision
Program for the purpose of providing | 4 | | housing and services to eligible female
inmates, as | 5 | | determined by the Department, and their newborn and young
| 6 | | children.
| 7 | | (u-5) To issue an order, whenever a person committed to | 8 | | the Department absconds or absents himself or herself, | 9 | | without authority to do so, from any facility or program to | 10 | | which he or she is assigned. The order shall be certified | 11 | | by the Director, the Supervisor of the Apprehension Unit, | 12 | | or any person duly designated by the Director, with the | 13 | | seal of the Department affixed. The order shall be directed | 14 | | to all sheriffs, coroners, and police officers, or to any | 15 | | particular person named in the order. Any order issued | 16 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 17 | | warrant for the officer or person named in the order to | 18 | | arrest and deliver the committed person to the proper | 19 | | correctional officials and shall be executed the same as | 20 | | criminal process.
| 21 | | (v) To do all other acts necessary to carry out the | 22 | | provisions
of this Chapter.
| 23 | | (2) The Department of Corrections shall by January 1, 1998, | 24 | | consider
building and operating a correctional facility within | 25 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 26 | | a facility designed to house juvenile
participants in the |
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| 1 | | impact incarceration program.
| 2 | | (3) When the Department lets bids for contracts for medical
| 3 | | services to be provided to persons committed to Department | 4 | | facilities by
a health maintenance organization, medical | 5 | | service corporation, or other
health care provider, the bid may | 6 | | only be let to a health care provider
that has obtained an | 7 | | irrevocable letter of credit or performance bond
issued by a | 8 | | company whose bonds are rated AAA by a bond rating
| 9 | | organization.
| 10 | | (4) When the Department lets bids for
contracts for food or | 11 | | commissary services to be provided to
Department facilities, | 12 | | the bid may only be let to a food or commissary
services | 13 | | provider that has obtained an irrevocable letter of
credit or | 14 | | performance bond issued by a company whose bonds are rated
AAA | 15 | | by a bond rating organization.
| 16 | | (Source: P.A. 96-1265, eff. 7-26-10.)
| 17 | | (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
| 18 | | Sec. 3-5-3. Annual and other Reports.
| 19 | | (a) The Director shall make an annual report to the | 20 | | Governor under
Section 5-650 of the Departments of State | 21 | | Government Law (20 ILCS
5/5-650), concerning the
state , and | 22 | | condition , and ethnic background of all persons committed to | 23 | | the Department, its
institutions, facilities and programs, of | 24 | | all moneys expended and received,
and on what accounts expended | 25 | | and received. The report may also include an
abstract of all |
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| 1 | | reports made to the Department by individual institutions,
| 2 | | facilities or programs during the preceding year.
| 3 | | (b) The Director shall make an annual report to the | 4 | | Governor and to the
State Legislature on any inadequacies in | 5 | | the institutions, facilities or
programs of the Department and | 6 | | also such amendments to the laws of the
State which in his | 7 | | judgment are necessary in order to best advance the
purposes of | 8 | | this Code.
| 9 | | (c) The Director may require such reports from division | 10 | | administrators,
chief administrative officers and other | 11 | | personnel as he deems necessary for
the administration of the | 12 | | Department.
| 13 | | (d) The Department of Corrections shall, by January 1, | 14 | | 1990,
January 1, 1991, and every 2
years thereafter, transmit | 15 | | to the Governor and the General Assembly a 5 year
long range | 16 | | planning document for adult female offenders under the
| 17 | | Department's supervision. The document shall detail how the | 18 | | Department
plans to meet the housing, educational/training, | 19 | | Correctional Industries
and programming needs of the | 20 | | escalating adult female offender population.
| 21 | | (Source: P.A. 91-239, eff. 1-1-00.)".
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