Full Text of SB3180 102nd General Assembly
SB3180eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 9 | | responsibilities which are
otherwise provided by law, the | 10 | | Department shall have the 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), |
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| 1 | | the Department of Corrections
shall develop a master plan | 2 | | for the screening and evaluation of persons
committed to | 3 | | its custody who have alcohol or drug abuse problems, and | 4 | | for
making appropriate treatment available to such | 5 | | persons; the Department
shall report to the General | 6 | | Assembly on such plan not later than April 1,
1987. The | 7 | | maintenance and implementation of such plan shall be | 8 | | contingent
upon the 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 Illinois | 24 | | State Police, a
program for tracking and evaluating each | 25 | | inmate from commitment through release
for recording his | 26 | | or her gang affiliations, activities, or ranks.
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| 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 | 7 | | into an agreement of the type
described in subsection (d) | 8 | | of Section 405-300 of the
Department
of Central Management | 9 | | Services Law. The Department shall
designate those | 10 | | institutions which
shall constitute the State Penitentiary | 11 | | System. The Department of Juvenile Justice shall maintain | 12 | | and administer all State youth centers pursuant to | 13 | | subsection (d) of Section 3-2.5-20.
| 14 | | Pursuant to its power to establish new institutions | 15 | | and facilities, the
Department may authorize the | 16 | | Department of Central Management Services to
accept bids | 17 | | from counties and municipalities for the construction,
| 18 | | remodeling , or conversion of a structure to be leased to | 19 | | the Department of
Corrections for the purposes of its | 20 | | serving as a correctional institution
or facility. Such | 21 | | construction, remodeling , or conversion may be financed
| 22 | | with revenue bonds issued pursuant to the Industrial | 23 | | Building Revenue Bond
Act by the municipality or county. | 24 | | The lease specified in a bid shall be
for a term of not | 25 | | less than the time needed to retire any revenue bonds
used | 26 | | to finance the project, but not to exceed 40 years. The |
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| 1 | | lease may
grant to the State the option to purchase the | 2 | | structure outright.
| 3 | | Upon receipt of the bids, the Department may certify | 4 | | one or more of the
bids and shall submit any such bids to | 5 | | the General Assembly for approval.
Upon approval of a bid | 6 | | by a constitutional majority of both houses of the
General | 7 | | Assembly, pursuant to joint resolution, the Department of | 8 | | Central
Management Services may enter into an agreement | 9 | | with the county or
municipality pursuant to such bid.
| 10 | | (c-5) To build and maintain regional juvenile | 11 | | detention centers and to
charge a per diem to the counties | 12 | | as established by the Department to defray
the costs of | 13 | | housing each minor in a center. In this subsection (c-5),
| 14 | | "juvenile
detention center" means a facility to house | 15 | | minors during pendency of trial who
have been transferred | 16 | | from proceedings under the Juvenile Court Act of 1987 to
| 17 | | prosecutions under the criminal laws of this State in | 18 | | accordance with Section
5-805 of the Juvenile Court Act of | 19 | | 1987, whether the transfer was by operation
of
law or | 20 | | permissive under that Section. The Department shall | 21 | | designate the
counties to be served by each regional | 22 | | juvenile detention center.
| 23 | | (d) To develop and maintain programs of control, | 24 | | rehabilitation , and
employment of committed persons within | 25 | | its institutions.
| 26 | | (d-5) To provide a pre-release job preparation program |
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| 1 | | for inmates at Illinois adult correctional centers.
| 2 | | (d-10) To provide educational and visitation | 3 | | opportunities to committed persons within its institutions | 4 | | through temporary access to content-controlled tablets | 5 | | that may be provided as a privilege to committed persons | 6 | | to induce or reward compliance. | 7 | | (e) To establish a system of supervision and guidance | 8 | | of committed persons
in the community.
| 9 | | (f) To establish in cooperation with the Department of | 10 | | Transportation
to supply a sufficient number of prisoners | 11 | | for use by the Department of
Transportation to clean up | 12 | | the trash and garbage along State, county,
township, or | 13 | | municipal highways as designated by the Department of
| 14 | | Transportation. The Department of Corrections, at the | 15 | | request of the
Department of Transportation, shall furnish | 16 | | such prisoners at least
annually for a period to be agreed | 17 | | upon between the Director of
Corrections and the Secretary | 18 | | of Transportation. The prisoners used on this
program | 19 | | shall be selected by the Director of Corrections on | 20 | | whatever basis
he deems proper in consideration of their | 21 | | term, behavior and earned eligibility
to participate in | 22 | | such program - where they will be outside of the prison
| 23 | | facility but still in the custody of the Department of | 24 | | Corrections. Prisoners
convicted of first degree murder, | 25 | | or a Class X felony, or armed violence, or
aggravated | 26 | | kidnapping, or criminal sexual assault, aggravated |
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| 1 | | criminal sexual
abuse or a subsequent conviction for | 2 | | criminal sexual abuse, or forcible
detention, or arson, or | 3 | | a prisoner adjudged a Habitual Criminal shall not be
| 4 | | eligible for selection to participate in such program. The | 5 | | prisoners shall
remain as prisoners in the custody of the | 6 | | Department of Corrections and such
Department shall | 7 | | furnish whatever security is necessary. The Department of
| 8 | | Transportation shall furnish trucks and equipment for the | 9 | | highway cleanup
program and personnel to supervise and | 10 | | direct the program. Neither the
Department of Corrections | 11 | | nor the Department of Transportation shall replace
any | 12 | | regular employee with a prisoner.
| 13 | | (g) To maintain records of persons committed to it and | 14 | | to establish
programs of research, statistics , and | 15 | | planning.
| 16 | | (h) To investigate the grievances of any person | 17 | | committed to the
Department and to inquire into any | 18 | | alleged misconduct by employees
or committed persons; and | 19 | | for
these purposes it may issue subpoenas and compel the | 20 | | attendance of witnesses
and the production of writings and | 21 | | papers, and may examine under oath any
witnesses who may | 22 | | appear before it; to also investigate alleged violations
| 23 | | of a parolee's or releasee's conditions of parole or | 24 | | release; and for this
purpose it may issue subpoenas and | 25 | | compel the attendance of witnesses and
the production of | 26 | | documents only if there is reason to believe that such
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| 1 | | procedures would provide evidence that such violations | 2 | | 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 | 14 | | or alleged violations of a
parolee's or releasee's | 15 | | conditions of parole shall be conservators of the peace
| 16 | | for those purposes, and shall have the full power of peace | 17 | | officers outside
of the facilities of the Department in | 18 | | the protection, arrest, retaking ,
and reconfining of | 19 | | committed persons or where the exercise of such power
is | 20 | | necessary to the investigation of such misconduct or | 21 | | violations. This subsection shall not apply to persons | 22 | | committed to the Department of Juvenile Justice under the | 23 | | Juvenile Court Act of 1987 on aftercare release.
| 24 | | (j) To cooperate with other departments and agencies | 25 | | and with local
communities for the development of | 26 | | standards and programs for better
correctional services in |
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| 1 | | this State.
| 2 | | (k) To administer all moneys and properties of the | 3 | | Department.
| 4 | | (l) To report annually to the Governor on the | 5 | | committed
persons, institutions , and programs of the | 6 | | Department.
| 7 | | (l-5) (Blank).
| 8 | | (m) To make all rules and regulations and exercise all | 9 | | powers and duties
vested by law in the Department.
| 10 | | (n) To establish rules and regulations for | 11 | | administering a system of
sentence credits, established in | 12 | | accordance with Section 3-6-3, subject
to review by the | 13 | | Prisoner Review Board.
| 14 | | (o) To administer the distribution of funds
from the | 15 | | State Treasury to reimburse counties where State penal
| 16 | | institutions are located for the payment of assistant | 17 | | state's attorneys'
salaries under Section 4-2001 of the | 18 | | Counties Code.
| 19 | | (p) To exchange information with the Department of | 20 | | Human Services and the
Department of Healthcare and Family | 21 | | Services
for the purpose of verifying living arrangements | 22 | | and for other purposes
directly connected with the | 23 | | administration of this Code and the Illinois
Public Aid | 24 | | Code.
| 25 | | (q) To establish a diversion program.
| 26 | | The program shall provide a structured environment for |
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| 1 | | selected
technical parole or mandatory supervised release | 2 | | violators and committed
persons who have violated the | 3 | | rules governing their conduct while in work
release. This | 4 | | program shall not apply to those persons who have | 5 | | committed
a new offense while serving on parole or | 6 | | mandatory supervised release or
while committed to work | 7 | | release.
| 8 | | Elements of the program shall include, but shall not | 9 | | be limited to, the
following:
| 10 | | (1) The staff of a diversion facility shall | 11 | | provide supervision in
accordance with required | 12 | | objectives set by the facility.
| 13 | | (2) Participants shall be required to maintain | 14 | | employment.
| 15 | | (3) Each participant shall pay for room and board | 16 | | at the facility on a
sliding-scale basis according to | 17 | | the participant's income.
| 18 | | (4) Each participant shall:
| 19 | | (A) provide restitution to victims in | 20 | | accordance with any court order;
| 21 | | (B) provide financial support to his | 22 | | dependents; and
| 23 | | (C) make appropriate payments toward any other | 24 | | court-ordered
obligations.
| 25 | | (5) Each participant shall complete community | 26 | | service in addition to
employment.
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| 1 | | (6) Participants shall take part in such | 2 | | counseling, educational , and
other programs as the | 3 | | Department may deem appropriate.
| 4 | | (7) Participants shall submit to drug and alcohol | 5 | | screening.
| 6 | | (8) The Department shall promulgate rules | 7 | | governing the administration
of the program.
| 8 | | (r) To enter into intergovernmental cooperation | 9 | | agreements under which
persons in the custody of the | 10 | | Department may participate in a county impact
| 11 | | incarceration program established under Section 3-6038 or | 12 | | 3-15003.5 of the
Counties Code.
| 13 | | (r-5) (Blank).
| 14 | | (r-10) To systematically and routinely identify with | 15 | | respect to each
streetgang active within the correctional | 16 | | system: (1) each active gang; (2)
every existing | 17 | | inter-gang affiliation or alliance; and (3) the current | 18 | | leaders
in each gang. The Department shall promptly | 19 | | segregate leaders from inmates who
belong to their gangs | 20 | | and allied gangs. "Segregate" means no physical contact
| 21 | | and, to the extent possible under the conditions and space | 22 | | available at the
correctional facility, prohibition of | 23 | | visual and sound communication. For the
purposes of this | 24 | | paragraph (r-10), "leaders" means persons who:
| 25 | | (i) are members of a criminal streetgang;
| 26 | | (ii) with respect to other individuals within the |
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| 1 | | streetgang, occupy a
position of organizer, | 2 | | supervisor, or other position of management or
| 3 | | leadership; and
| 4 | | (iii) are actively and personally engaged in | 5 | | directing, ordering,
authorizing, or requesting | 6 | | commission of criminal acts by others, which are
| 7 | | punishable as a felony, in furtherance of streetgang | 8 | | related activity both
within and outside of the | 9 | | Department of Corrections.
| 10 | | "Streetgang", "gang", and "streetgang related" have the | 11 | | meanings ascribed to
them in Section 10 of the Illinois | 12 | | Streetgang Terrorism Omnibus Prevention
Act.
| 13 | | (s) To operate a super-maximum security institution, | 14 | | in order to
manage and
supervise inmates who are | 15 | | disruptive or dangerous and provide for the safety
and | 16 | | security of the staff and the other inmates.
| 17 | | (t) To monitor any unprivileged conversation or any | 18 | | unprivileged
communication, whether in person or by mail, | 19 | | telephone, or other means,
between an inmate who, before | 20 | | commitment to the Department, was a member of an
organized | 21 | | gang and any other person without the need to show cause or | 22 | | satisfy
any other requirement of law before beginning the | 23 | | monitoring, except as
constitutionally required. The | 24 | | monitoring may be by video, voice, or other
method of | 25 | | recording or by any other means. As used in this | 26 | | subdivision (1)(t),
"organized gang" has the meaning |
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| 1 | | ascribed to it in Section 10 of the Illinois
Streetgang | 2 | | Terrorism Omnibus Prevention Act.
| 3 | | As used in this subdivision (1)(t), "unprivileged | 4 | | conversation" or
"unprivileged communication" means a | 5 | | conversation or communication that is not
protected by any | 6 | | privilege recognized by law or by decision, rule, or order | 7 | | of
the Illinois Supreme Court.
| 8 | | (u) To establish a Women's and Children's Pre-release | 9 | | Community
Supervision
Program for the purpose of providing | 10 | | housing and services to eligible female
inmates, as | 11 | | determined by the Department, and their newborn and young
| 12 | | children.
| 13 | | (u-5) To issue an order, whenever a person committed | 14 | | to the Department absconds or absents himself or herself, | 15 | | without authority to do so, from any facility or program | 16 | | to which he or she is assigned. The order shall be | 17 | | certified by the Director, the Supervisor of the | 18 | | Apprehension Unit, or any person duly designated by the | 19 | | Director, with the seal of the Department affixed. The | 20 | | order shall be directed to all sheriffs, coroners, and | 21 | | police officers, or to any particular person named in the | 22 | | order. Any order issued pursuant to this subdivision | 23 | | (1)(u-5) shall be sufficient warrant for the officer or | 24 | | person named in the order to arrest and deliver the | 25 | | committed person to the proper correctional officials and | 26 | | shall be executed the same as criminal process. |
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| 1 | | (u-6) To appoint a point of contact person who shall
| 2 | | receive suggestions, complaints, or other requests to the
| 3 | | Department from visitors to Department institutions or
| 4 | | facilities and from other members of the public. | 5 | | (u-7) A point of contact person must promptly and | 6 | | efficiently review and monitor suggestions, complaints, or | 7 | | other requests made by visitors to Department institutions | 8 | | or facilities and by other members of the public. The | 9 | | point of contact person shall maintain information about | 10 | | parties to the complaint, subject matter of the complaint, | 11 | | and summary of the results of the review or investigation, | 12 | | including any resolution or recommendations made as a | 13 | | result of the complaint.
The point of contact person shall | 14 | | provide an annual written report to the General Assembly | 15 | | and the Governor, with the first report due no later than | 16 | | January 1, 2023. The Department must publish both reports | 17 | | on its website within 48 hours after transmitting the | 18 | | reports to the Governor and the General Assembly. The | 19 | | report shall include a summary of activities completed in | 20 | | furtherance of the purpose of the point of contact | 21 | | person's position. The summaries shall contain the | 22 | | following aggregated and disaggregated data for each | 23 | | Department of Corrections institution and facility and | 24 | | describe: | 25 | | (1) The point of contact person's work. | 26 | | (2)Issues, complaints, and inquiries reported to |
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| 1 | | the point of contact person with a summary of the | 2 | | amount of emails, calls, letters, or correspondence | 3 | | received, general topic of the issue, and any | 4 | | resolution or recommendation reached. | 5 | | (3) Any recommendations that the point of contact | 6 | | has relating to systemic issues in the Department of | 7 | | Corrections, and any other matters for consideration | 8 | | by the General Assembly and the Governor. | 9 | | The name, address, or other personally identifiable | 10 | | information of a person who files a complaint or inquiry | 11 | | with the point of contact person, information generated by | 12 | | the point of contact person related to a complaint or | 13 | | other activities of the position, and confidential records | 14 | | must be redacted from the annual report. | 15 | | (u-8) At every Department of Corrections visiting | 16 | | waiting area, a sign containing at minimum, the following | 17 | | information in bold block type must be posted in a | 18 | | conspicuous place: | 19 | | (1) a short statement notifying visitors of the | 20 | | point of contact person to receive suggestions, | 21 | | complaints, or other requests; and | 22 | | (2) information on how to submit suggestions, | 23 | | complaints, or other requests to a point of contact | 24 | | person. | 25 | | (v) To do all other acts necessary to carry out the | 26 | | provisions
of this Chapter.
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| 1 | | (2) The Department of Corrections shall by January 1, | 2 | | 1998, consider
building and operating a correctional facility | 3 | | within 100 miles of a county of
over 2,000,000 inhabitants, | 4 | | especially a facility designed to house juvenile
participants | 5 | | in the impact incarceration program.
| 6 | | (3) When the Department lets bids for contracts for | 7 | | medical
services to be provided to persons committed to | 8 | | Department facilities by
a health maintenance organization, | 9 | | medical service corporation, or other
health care provider, | 10 | | the bid may only be let to a health care provider
that has | 11 | | obtained an irrevocable letter of credit or performance bond
| 12 | | issued by a company whose bonds have an investment grade or | 13 | | higher rating by a bond rating
organization.
| 14 | | (4) When the Department lets bids for
contracts for food | 15 | | or commissary services to be provided to
Department | 16 | | facilities, the bid may only be let to a food or commissary
| 17 | | services provider that has obtained an irrevocable letter of
| 18 | | credit or performance bond issued by a company whose bonds | 19 | | have an investment grade or higher rating by a bond rating | 20 | | organization.
| 21 | | (5) On and after the date 6 months after August 16, 2013 | 22 | | (the effective date of Public Act 98-488), as provided in the | 23 | | Executive Order 1 (2012) Implementation Act, all of the | 24 | | powers, duties, rights, and responsibilities related to State | 25 | | healthcare purchasing under this Code that were transferred | 26 | | from the Department of Corrections to the Department of |
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| 1 | | Healthcare and Family Services by Executive Order 3 (2005) are | 2 | | transferred back to the Department of Corrections; however, | 3 | | powers, duties, rights, and responsibilities related to State | 4 | | healthcare purchasing under this Code that were exercised by | 5 | | the Department of Corrections before the effective date of | 6 | | Executive Order 3 (2005) but that pertain to individuals | 7 | | resident in facilities operated by the Department of Juvenile | 8 | | Justice are transferred to the Department of Juvenile Justice. | 9 | | (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; | 10 | | 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised | 11 | | 10-15-21.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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