Illinois General Assembly - Full Text of HB5766
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Full Text of HB5766  98th General Assembly


Rep. Dennis M. Reboletti

Filed: 4/8/2014





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2    AMENDMENT NO. ______. Amend House Bill 5766 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 3-2-2 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.



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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        (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 and
21    the production of writings and papers, and may examine
22    under oath any witnesses who may appear before it; to also
23    investigate alleged violations of a parolee's or
24    releasee's conditions of parole or release; and for this
25    purpose it may issue subpoenas and compel the attendance of
26    witnesses and the production of documents only if there is



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1    reason to believe that such procedures would provide
2    evidence that such violations have occurred.
3        If any person fails to obey a subpoena issued under
4    this subsection, the Director may apply to any circuit
5    court to secure compliance with the subpoena. The failure
6    to comply with the order of the court issued in response
7    thereto shall be punishable as contempt of court.
8        (i) To appoint and remove the chief administrative
9    officers, and administer programs of training and
10    development of personnel of the Department. Personnel
11    assigned by the Department to be responsible for the
12    custody and control of committed persons or to investigate
13    the alleged misconduct of committed persons or employees or
14    alleged violations of a parolee's or releasee's conditions
15    of parole shall be conservators of the peace for those
16    purposes, and shall have the full power of peace officers
17    outside of the facilities of the Department in the
18    protection, arrest, retaking and reconfining of committed
19    persons or where the exercise of such power is necessary to
20    the investigation of such misconduct or violations. This
21    subsection shall not apply to persons committed to the
22    Department of Juvenile Justice under the Juvenile Court Act
23    of 1987 on aftercare release.
24        (j) To cooperate with other departments and agencies
25    and with local communities for the development of standards
26    and programs for better correctional services in this



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1    State.
2        (k) To administer all moneys and properties of the
3    Department.
4        (l) To report annually to the Governor on the committed
5    persons, institutions and programs of the Department.
6        (l-5) (Blank).
7        (m) To make all rules and regulations and exercise all
8    powers and duties vested by law in the Department.
9        (n) To establish rules and regulations for
10    administering a system of sentence credits, established in
11    accordance with Section 3-6-3, subject to review by the
12    Prisoner Review Board.
13        (o) To administer the distribution of funds from the
14    State Treasury to reimburse counties where State penal
15    institutions are located for the payment of assistant
16    state's attorneys' salaries under Section 4-2001 of the
17    Counties Code.
18        (p) To exchange information with the Department of
19    Human Services and the Department of Healthcare and Family
20    Services for the purpose of verifying living arrangements
21    and for other purposes directly connected with the
22    administration of this Code and the Illinois Public Aid
23    Code.
24        (q) To establish a diversion program.
25        The program shall provide a structured environment for
26    selected technical parole or mandatory supervised release



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1    violators and committed persons who have violated the rules
2    governing their conduct while in work release. This program
3    shall not apply to those persons who have committed a new
4    offense while serving on parole or mandatory supervised
5    release or while committed to work release.
6        Elements of the program shall include, but shall not be
7    limited to, the following:
8            (1) The staff of a diversion facility shall provide
9        supervision in accordance with required objectives set
10        by the facility.
11            (2) Participants shall be required to maintain
12        employment.
13            (3) Each participant shall pay for room and board
14        at the facility on a sliding-scale basis according to
15        the participant's income.
16            (4) Each participant shall:
17                (A) provide restitution to victims in
18            accordance with any court order;
19                (B) provide financial support to his
20            dependents; and
21                (C) make appropriate payments toward any other
22            court-ordered obligations.
23            (5) Each participant shall complete community
24        service in addition to employment.
25            (6) Participants shall take part in such
26        counseling, educational and other programs as the



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1        Department may deem appropriate.
2            (7) Participants shall submit to drug and alcohol
3        screening.
4            (8) The Department shall promulgate rules
5        governing the administration of the program.
6        (r) To enter into intergovernmental cooperation
7    agreements under which persons in the custody of the
8    Department may participate in a county impact
9    incarceration program established under Section 3-6038 or
10    3-15003.5 of the Counties Code.
11        (r-5) (Blank).
12        (r-10) To systematically and routinely identify with
13    respect to each streetgang active within the correctional
14    system: (1) each active gang; (2) every existing inter-gang
15    affiliation or alliance; and (3) the current leaders in
16    each gang. The Department shall promptly segregate leaders
17    from inmates who belong to their gangs and allied gangs.
18    "Segregate" means no physical contact and, to the extent
19    possible under the conditions and space available at the
20    correctional facility, prohibition of visual and sound
21    communication. For the purposes of this paragraph (r-10),
22    "leaders" means persons who:
23            (i) are members of a criminal streetgang;
24            (ii) with respect to other individuals within the
25        streetgang, occupy a position of organizer,
26        supervisor, or other position of management or



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1        leadership; and
2            (iii) are actively and personally engaged in
3        directing, ordering, authorizing, or requesting
4        commission of criminal acts by others, which are
5        punishable as a felony, in furtherance of streetgang
6        related activity both within and outside of the
7        Department of Corrections.
8    "Streetgang", "gang", and "streetgang related" have the
9    meanings ascribed to them in Section 10 of the Illinois
10    Streetgang Terrorism Omnibus Prevention Act.
11        (s) To operate a super-maximum security institution,
12    in order to manage and supervise inmates who are disruptive
13    or dangerous and provide for the safety and security of the
14    staff and the other inmates.
15        (t) To monitor any unprivileged conversation or any
16    unprivileged communication, whether in person or by mail,
17    telephone, or other means, between an inmate who, before
18    commitment to the Department, was a member of an organized
19    gang and any other person without the need to show cause or
20    satisfy any other requirement of law before beginning the
21    monitoring, except as constitutionally required. The
22    monitoring may be by video, voice, or other method of
23    recording or by any other means. As used in this
24    subdivision (1)(t), "organized gang" has the meaning
25    ascribed to it in Section 10 of the Illinois Streetgang
26    Terrorism Omnibus Prevention Act.



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1        As used in this subdivision (1)(t), "unprivileged
2    conversation" or "unprivileged communication" means a
3    conversation or communication that is not protected by any
4    privilege recognized by law or by decision, rule, or order
5    of the Illinois Supreme Court.
6        (u) To establish a Women's and Children's Pre-release
7    Community Supervision Program for the purpose of providing
8    housing and services to eligible female inmates, as
9    determined by the Department, and their newborn and young
10    children.
11        (u-5) To issue an order, whenever a person committed to
12    the Department absconds or absents himself or herself,
13    without authority to do so, from any facility or program to
14    which he or she is assigned. The order shall be certified
15    by the Director, the Supervisor of the Apprehension Unit,
16    or any person duly designated by the Director, with the
17    seal of the Department affixed. The order shall be directed
18    to all sheriffs, coroners, and police officers, or to any
19    particular person named in the order. Any order issued
20    pursuant to this subdivision (1) (u-5) shall be sufficient
21    warrant for the officer or person named in the order to
22    arrest and deliver the committed person to the proper
23    correctional officials and shall be executed the same as
24    criminal process.
25        (u-6) To establish a pilot program under which the
26    Department may identify one or more facilities in each of 3



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1    counties, including Cook County, DuPage County, and
2    another county selected by the Department which currently
3    participates in the Adult Redeploy Illinois program under
4    Section 20 of the Illinois Crime Reduction Act of 2009. The
5    Department may enter into an intergovernmental agreement
6    with each participating county to establish one or more
7    facilities in that county for the purpose of delivering
8    intensive and individualized evidence-based substance
9    abuse treatment to persons sentenced to incarceration, or
10    one or more work release facilities, or both. Contingent
11    upon the establishment of a facility under an
12    intergovernmental agreement between a participating county
13    and the Department, if the court finds that any offender
14    sentenced to a term of incarceration for any Class 2, Class
15    3, or Class 4 felony violation of Section 402 of the
16    Illinois Controlled Substances Act, Section 4 of the
17    Cannabis Control Act, Section 60 of the Methamphetamine
18    Control and Community Protection Act, Article 16 or 17 of
19    the Criminal Code of 2012, burglary, or possession of
20    burglary tools, may meet the eligibility requirements of
21    the Department, then the court may in its sentencing order
22    approve the offender for placement in the program,
23    conditioned upon his or her acceptance in the program by
24    the Department. Notwithstanding the sentencing provisions
25    of this Code, the sentencing order also shall provide that
26    if the Department accepts the offender in the program and



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1    determines that the offender has successfully completed
2    the program, the sentence shall be reduced to time
3    considered served upon certification to the court by the
4    Department that the offender has successfully completed
5    the program. In the event the offender is not accepted for
6    placement in the program or the offender does not
7    successfully complete the program, his or her term of
8    imprisonment shall be as set forth by the court in its
9    sentencing order. In order to be eligible to participate in
10    the program, the committed person shall meet all of the
11    following requirements:
12            (1) A risks and needs assessment of the defendant
13        conducted by the Department indicates that the person
14        has an addiction or other severe substance abuse
15        problem which makes it likely that he or she will
16        reoffend if the substance abuse problem is not
17        effectively treated.
18            (2) The person has not previously participated in
19        the program and has not previously served a sentence of
20        imprisonment for a felony in an adult correctional
21        facility.
22            (3) The person has consented in writing to
23        participation in the program and to the terms and
24        conditions thereof.
25        The pilot program shall terminate on January 1, 2019.
26        (v) To do all other acts necessary to carry out the



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1    provisions of this Chapter.
2    (2) The Department of Corrections shall by January 1, 1998,
3consider building and operating a correctional facility within
4100 miles of a county of over 2,000,000 inhabitants, especially
5a facility designed to house juvenile participants in the
6impact incarceration program.
7    (3) When the Department lets bids for contracts for medical
8services to be provided to persons committed to Department
9facilities by a health maintenance organization, medical
10service corporation, or other health care provider, the bid may
11only be let to a health care provider that has obtained an
12irrevocable letter of credit or performance bond issued by a
13company whose bonds have an investment grade or higher rating
14by a bond rating organization.
15    (4) When the Department lets bids for contracts for food or
16commissary services to be provided to Department facilities,
17the bid may only be let to a food or commissary services
18provider that has obtained an irrevocable letter of credit or
19performance bond issued by a company whose bonds have an
20investment grade or higher rating by a bond rating
22    (5) On and after the date 6 months after August 16, 2013
23(the effective date of Public Act 98-488) this amendatory Act
24of the 98th General Assembly, as provided in the Executive
25Order 1 (2012) Implementation Act, all of the powers, duties,
26rights, and responsibilities related to State healthcare



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1purchasing under this Code that were transferred from the
2Department of Corrections to the Department of Healthcare and
3Family Services by Executive Order 3 (2005) are transferred
4back to the Department of Corrections; however, powers, duties,
5rights, and responsibilities related to State healthcare
6purchasing under this Code that were exercised by the
7Department of Corrections before the effective date of
8Executive Order 3 (2005) but that pertain to individuals
9resident in facilities operated by the Department of Juvenile
10Justice are transferred to the Department of Juvenile Justice.
11(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
1297-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
138-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".