(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions. (a) "Chief Administrative Officer" means the
person designated by the Director to exercise the powers and duties of the
Department of Corrections in regard to committed persons within
a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-3) "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the supervision of the Department of Juvenile Justice. (a-5) "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3-3-7, paragraph (10) of subsection (a) of Section 5-6-3, and paragraph (18) of subsection (c) of Section 5-6-3.1 only means: (i) A violation of any of the following Sections of |
| the Criminal Code of 1961 or the Criminal Code of 2012: 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-14.4 (promoting juvenile prostitution), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.1B or 11-20.3 (aggravated child pornography), 11-1.40 or 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.
|
|
(ii) A violation of any of the following Sections of
|
| the Criminal Code of 1961 or the Criminal Code of 2012: 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or 12-14 (aggravated criminal sexual assault), 11-1.60 or 12-16 (aggravated criminal sexual abuse), and subsection (a) of Section 11-1.50 or subsection (a) of Section 12-15 (criminal sexual abuse). An attempt to commit any of these offenses.
|
|
(iii) A violation of any of the following Sections of
|
| the Criminal Code of 1961 or the Criminal Code of 2012 when the defendant is not a parent of the victim:
|
|
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
|
| substantially equivalent to any offense listed in this subsection (a-5).
|
|
An offense violating federal law or the law of another state
that is substantially equivalent to any offense listed in this
subsection (a-5) shall constitute a sex offense for the purpose of
this subsection (a-5). A finding or adjudication as a sexually dangerous person under
any federal law or law of another state that is substantially equivalent to the
Sexually Dangerous Persons Act shall constitute an adjudication for a sex offense for the
purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the Department,
however a committed person shall not be considered to be an employee of
the Department of Corrections for any purpose, including eligibility for
a pension, benefits, or any other compensation or rights or privileges which
may be provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party added software, designed to delete information from the computer unit, the hard drive, or other software, which would eliminate and prevent discovery of browser activity, including, but not limited to, Internet history, address bar or bars, cache or caches, and/or cookies, and which would over-write files in a way so as to make previous computer activity, including, but not limited to, website access, more difficult to discover.
(c-10) "Content-controlled tablet" means any device that can only access visitation applications or content relating to educational or personal development.
(d) "Correctional institution or facility" means any building or
part of a building where committed persons are kept in a secured manner.
(d-5) "Correctional officer" means: an
employee of the Department of Corrections who has custody and
control over committed persons in an adult correctional facility; or, for an employee of the Department of Juvenile Justice, direct care staff of persons committed to a juvenile facility.
(e) "Department" means both the Department of Corrections and the Department of Juvenile Justice of this State, unless the context is specific to either the Department of Corrections or the Department of Juvenile Justice.
(f) "Director" means both the Director of Corrections and the Director of Juvenile Justice, unless the context is specific to either the Director of Corrections or the Director of Juvenile Justice.
(f-5) (Blank).
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized absence
of a committed person from the custody of the Department.
(j) "Furlough" means an authorized leave of absence from the
Department of Corrections for a designated purpose and period of time.
(k) "Parole" means the conditional and revocable release
of a person committed to the Department of Corrections under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain prisoners
alleged to have violated Department rules with respect to good
time credits, to set release dates for certain prisoners
sentenced under the law in effect prior to February 1, 1978 (the effective
date of Public Act 80-1099), to hear and decide the time of aftercare release for persons committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 to hear requests and
make recommendations to the Governor with respect to pardon,
reprieve or commutation, to set conditions for parole, aftercare release, and
mandatory supervised release and determine whether violations
of those conditions justify revocation of parole or release,
and to assume all other functions previously exercised by the
Illinois Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections,
such term may be construed by the Department or Court, within
its discretion, to include treatment, service, or counseling by
a Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Code.
(n) "Victim" shall have the meaning ascribed to it in subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act.
(o) "Wrongfully imprisoned person" means a person who has been discharged from a prison of this State and
has received:
(1) a pardon from the Governor stating that such
|
| pardon is issued on the ground of innocence of the crime for which he or she was imprisoned; or
|
|
(2) a certificate of innocence from the
|
| Circuit Court as provided in Section 2-702 of the Code of Civil Procedure.
|
|
(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
|
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) Sec. 3-2-2. Powers and duties of the Department. (1) In addition to the powers, duties, and responsibilities which are otherwise provided by law, the Department shall have the following powers: (a) To accept persons committed to it by the courts |
| of this State for care, custody, treatment, and rehabilitation, and to accept federal prisoners and noncitizens over whom the Office of the Federal Detention Trustee is authorized to exercise the federal detention function for limited purposes and periods of time.
|
|
(b) To develop and maintain reception and evaluation
|
| units for purposes of analyzing the custody and rehabilitation needs of persons committed to it and to assign such persons to institutions and programs under its control or transfer them to other appropriate agencies. In consultation with the Department of Alcoholism and Substance Abuse (now the Department of Human Services), the Department of Corrections shall develop a master plan for the screening and evaluation of persons committed to its custody who have alcohol or drug abuse problems, and for making appropriate treatment available to such persons; the Department shall report to the General Assembly on such plan not later than April 1, 1987. The maintenance and implementation of such plan shall be contingent upon the availability of funds.
|
|
(b-1) To create and implement, on January 1, 2002, a
|
| pilot program to establish the effectiveness of pupillometer technology (the measurement of the pupil's reaction to light) as an alternative to a urine test for purposes of screening and evaluating persons committed to its custody who have alcohol or drug problems. The pilot program shall require the pupillometer technology to be used in at least one Department of Corrections facility. The Director may expand the pilot program to include an additional facility or facilities as he or she deems appropriate. A minimum of 4,000 tests shall be included in the pilot program. The Department must report to the General Assembly on the effectiveness of the program by January 1, 2003.
|
|
(b-5) To develop, in consultation with the Illinois
|
| State Police, a program for tracking and evaluating each inmate from commitment through release for recording his or her gang affiliations, activities, or ranks.
|
|
(c) To maintain and administer all State correctional
|
| institutions and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new institutions and facilities, the Department may, with the written approval of the Governor, authorize the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law. The Department shall designate those institutions which shall constitute the State Penitentiary System. The Department of Juvenile Justice shall maintain and administer all State youth centers pursuant to subsection (d) of Section 3-2.5-20.
|
|
Pursuant to its power to establish new institutions
|
| and facilities, the Department may authorize the Department of Central Management Services to accept bids from counties and municipalities for the construction, remodeling, or conversion of a structure to be leased to the Department of Corrections for the purposes of its serving as a correctional institution or facility. Such construction, remodeling, or conversion may be financed with revenue bonds issued pursuant to the Industrial Building Revenue Bond Act by the municipality or county. The lease specified in a bid shall be for a term of not less than the time needed to retire any revenue bonds used to finance the project, but not to exceed 40 years. The lease may grant to the State the option to purchase the structure outright.
|
|
Upon receipt of the bids, the Department may certify
|
| one or more of the bids and shall submit any such bids to the General Assembly for approval. Upon approval of a bid by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement with the county or municipality pursuant to such bid.
|
|
(c-5) To build and maintain regional juvenile
|
| detention centers and to charge a per diem to the counties as established by the Department to defray the costs of housing each minor in a center. In this subsection (c-5), "juvenile detention center" means a facility to house minors during pendency of trial who have been transferred from proceedings under the Juvenile Court Act of 1987 to prosecutions under the criminal laws of this State in accordance with Section 5-805 of the Juvenile Court Act of 1987, whether the transfer was by operation of law or permissive under that Section. The Department shall designate the counties to be served by each regional juvenile detention center.
|
|
(d) To develop and maintain programs of control,
|
| rehabilitation, and employment of committed persons within its institutions.
|
|
(d-5) To provide a pre-release job preparation
|
| program for inmates at Illinois adult correctional centers.
|
|
(d-10) To provide educational and visitation
|
| opportunities to committed persons within its institutions through temporary access to content-controlled tablets that may be provided as a privilege to committed persons to induce or reward compliance.
|
|
(e) To establish a system of supervision and guidance
|
| of committed persons in the community.
|
|
(f) To establish in cooperation with the Department
|
| of Transportation to supply a sufficient number of prisoners for use by the Department of Transportation to clean up the trash and garbage along State, county, township, or municipal highways as designated by the Department of Transportation. The Department of Corrections, at the request of the Department of Transportation, shall furnish such prisoners at least annually for a period to be agreed upon between the Director of Corrections and the Secretary of Transportation. The prisoners used on this program shall be selected by the Director of Corrections on whatever basis he deems proper in consideration of their term, behavior and earned eligibility to participate in such program - where they will be outside of the prison facility but still in the custody of the Department of Corrections. Prisoners convicted of first degree murder, or a Class X felony, or armed violence, or aggravated kidnapping, or criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, or forcible detention, or arson, or a prisoner adjudged a Habitual Criminal shall not be eligible for selection to participate in such program. The prisoners shall remain as prisoners in the custody of the Department of Corrections and such Department shall furnish whatever security is necessary. The Department of Transportation shall furnish trucks and equipment for the highway cleanup program and personnel to supervise and direct the program. Neither the Department of Corrections nor the Department of Transportation shall replace any regular employee with a prisoner.
|
|
(g) To maintain records of persons committed to it
|
| and to establish programs of research, statistics, and planning.
|
|
(h) To investigate the grievances of any person
|
| committed to the Department and to inquire into any alleged misconduct by employees or committed persons; and for these purposes it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it; to also investigate alleged violations of a parolee's or releasee's conditions of parole or release; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of documents only if there is reason to believe that such procedures would provide evidence that such violations have occurred.
|
|
If any person fails to obey a subpoena issued under
|
| this subsection, the Director may apply to any circuit court to secure compliance with the subpoena. The failure to comply with the order of the court issued in response thereto shall be punishable as contempt of court.
|
|
(i) To appoint and remove the chief administrative
|
| officers, and administer programs of training and development of personnel of the Department. Personnel assigned by the Department to be responsible for the custody and control of committed persons or to investigate the alleged misconduct of committed persons or employees or alleged violations of a parolee's or releasee's conditions of parole shall be conservators of the peace for those purposes, and shall have the full power of peace officers outside of the facilities of the Department in the protection, arrest, retaking, and reconfining of committed persons or where the exercise of such power is necessary to the investigation of such misconduct or violations. This subsection shall not apply to persons committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 on aftercare release.
|
|
(j) To cooperate with other departments and agencies
|
| and with local communities for the development of standards and programs for better correctional services in this State.
|
|
(k) To administer all moneys and properties of the
|
|
(l) To report annually to the Governor on the
|
| committed persons, institutions, and programs of the Department.
|
|
(l-5) (Blank).
(m) To make all rules and regulations and exercise
|
| all powers and duties vested by law in the Department.
|
|
(n) To establish rules and regulations for
|
| administering a system of sentence credits, established in accordance with Section 3-6-3, subject to review by the Prisoner Review Board.
|
|
(o) To administer the distribution of funds from the
|
| State Treasury to reimburse counties where State penal institutions are located for the payment of assistant state's attorneys' salaries under Section 4-2001 of the Counties Code.
|
|
(p) To exchange information with the Department of
|
| Human Services and the Department of Healthcare and Family Services for the purpose of verifying living arrangements and for other purposes directly connected with the administration of this Code and the Illinois Public Aid Code.
|
|
(q) To establish a diversion program.
The program shall provide a structured environment
|
| for selected technical parole or mandatory supervised release violators and committed persons who have violated the rules governing their conduct while in work release. This program shall not apply to those persons who have committed a new offense while serving on parole or mandatory supervised release or while committed to work release.
|
|
Elements of the program shall include, but shall not
|
| be limited to, the following:
|
|
(1) The staff of a diversion facility shall
|
| provide supervision in accordance with required objectives set by the facility.
|
|
(2) Participants shall be required to maintain
|
|
(3) Each participant shall pay for room and board
|
| at the facility on a sliding-scale basis according to the participant's income.
|
|
(4) Each participant shall:
(A) provide restitution to victims in
|
| accordance with any court order;
|
|
(B) provide financial support to his
|
|
(C) make appropriate payments toward any
|
| other court-ordered obligations.
|
|
(5) Each participant shall complete community
|
| service in addition to employment.
|
|
(6) Participants shall take part in such
|
| counseling, educational, and other programs as the Department may deem appropriate.
|
|
(7) Participants shall submit to drug and alcohol
|
|
(8) The Department shall promulgate rules
|
| governing the administration of the program.
|
|
(r) To enter into intergovernmental cooperation
|
| agreements under which persons in the custody of the Department may participate in a county impact incarceration program established under Section 3-6038 or 3-15003.5 of the Counties Code.
|
|
(r-5) (Blank).
(r-10) To systematically and routinely identify with
|
| respect to each streetgang active within the correctional system: (1) each active gang; (2) every existing inter-gang affiliation or alliance; and (3) the current leaders in each gang. The Department shall promptly segregate leaders from inmates who belong to their gangs and allied gangs. "Segregate" means no physical contact and, to the extent possible under the conditions and space available at the correctional facility, prohibition of visual and sound communication. For the purposes of this paragraph (r-10), "leaders" means persons who:
|
|
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
|
| streetgang, occupy a position of organizer, supervisor, or other position of management or leadership; and
|
|
(iii) are actively and personally engaged in
|
| directing, ordering, authorizing, or requesting commission of criminal acts by others, which are punishable as a felony, in furtherance of streetgang related activity both within and outside of the Department of Corrections.
|
|
"Streetgang", "gang", and "streetgang related" have the
|
| meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
|
|
(s) To operate a super-maximum security institution,
|
| in order to manage and supervise inmates who are disruptive or dangerous and provide for the safety and security of the staff and the other inmates.
|
|
(t) To monitor any unprivileged conversation or any
|
| unprivileged communication, whether in person or by mail, telephone, or other means, between an inmate who, before commitment to the Department, was a member of an organized gang and any other person without the need to show cause or satisfy any other requirement of law before beginning the monitoring, except as constitutionally required. The monitoring may be by video, voice, or other method of recording or by any other means. As used in this subdivision (1)(t), "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
|
|
As used in this subdivision (1)(t), "unprivileged
|
| conversation" or "unprivileged communication" means a conversation or communication that is not protected by any privilege recognized by law or by decision, rule, or order of the Illinois Supreme Court.
|
|
(u) To establish a Women's and Children's Pre-release
|
| Community Supervision Program for the purpose of providing housing and services to eligible female inmates, as determined by the Department, and their newborn and young children.
|
|
(u-5) To issue an order, whenever a person committed
|
| to the Department absconds or absents himself or herself, without authority to do so, from any facility or program to which he or she is assigned. The order shall be certified by the Director, the Supervisor of the Apprehension Unit, or any person duly designated by the Director, with the seal of the Department affixed. The order shall be directed to all sheriffs, coroners, and police officers, or to any particular person named in the order. Any order issued pursuant to this subdivision (1)(u-5) shall be sufficient warrant for the officer or person named in the order to arrest and deliver the committed person to the proper correctional officials and shall be executed the same as criminal process.
|
|
(u-6) To appoint a point of contact person who shall
|
| receive suggestions, complaints, or other requests to the Department from visitors to Department institutions or facilities and from other members of the public.
|
|
(v) To do all other acts necessary to carry out the
|
| provisions of this Chapter.
|
|
(2) The Department of Corrections shall by January 1, 1998, consider building and operating a correctional facility within 100 miles of a county of over 2,000,000 inhabitants, especially a facility designed to house juvenile participants in the impact incarceration program.
(3) When the Department lets bids for contracts for medical services to be provided to persons committed to Department facilities by a health maintenance organization, medical service corporation, or other health care provider, the bid may only be let to a health care provider that has obtained an irrevocable letter of credit or performance bond issued by a company whose bonds have an investment grade or higher rating by a bond rating organization.
(4) When the Department lets bids for contracts for food or commissary services to be provided to Department facilities, the bid may only be let to a food or commissary services provider that has obtained an irrevocable letter of credit or performance bond issued by a company whose bonds have an investment grade or higher rating by a bond rating organization.
(5) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
(6) The Department of Corrections shall provide lactation or nursing mothers rooms for personnel of the Department. The rooms shall be provided in each facility of the Department that employs nursing mothers. Each individual lactation room must:
(i) contain doors that lock;
(ii) have an "Occupied" sign for each door;
(iii) contain electrical outlets for plugging in
|
|
(iv) have sufficient lighting and ventilation;
(v) contain comfortable chairs;
(vi) contain a countertop or table for all necessary
|
|
(vii) contain a wastebasket and chemical cleaners to
|
| wash one's hands and to clean the surfaces of the countertop or table;
|
|
(viii) have a functional sink;
(ix) have a minimum of one refrigerator for storage
|
|
(x) receive routine daily maintenance.
(Source: P.A. 102-350, eff. 8-13-21; 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-834, eff. 1-1-25.)
|
(730 ILCS 5/3-2-12) Sec. 3-2-12. Report of violence in Department of Corrections institutions and facilities; public safety reports. (a) The Department of Corrections shall collect and report: (1) data on a rate per 100 of committed persons |
| regarding violence within Department institutions and facilities as defined under the terms, if applicable, in 20 Ill. Adm. Code 504 as follows:
|
|
(A) committed person on committed person assaults;
(B) committed person on correctional staff
|
|
(C) dangerous contraband, including weapons,
|
| explosives, dangerous chemicals, or other dangerous weapons;
|
|
(D) committed person on committed person fights;
(E) multi-committed person on single committed
|
|
(F) committed person use of a weapon on
|
|
(G) committed person use of a weapon on
|
|
(H) sexual assault committed by a committed
|
| person against another committed person, correctional staff, or visitor;
|
|
(I) sexual assault committed by correctional
|
| staff against another correctional staff, committed person, or visitor;
|
|
(J) correctional staff use of physical force;
(K) forced cell extraction;
(L) use of oleoresin capsaicin (pepper spray),
|
| 2-chlorobenzalmalononitrile (CS gas), or other control agents or implements;
|
|
(M) committed person suicide and attempted
|
|
(N) requests and placements in protective
|
|
(O) committed persons in segregation, secured
|
| housing, and restrictive housing; and
|
|
(2) data on average length of stay in segregation,
|
| secured housing, and restrictive housing.
|
|
(b)
The Department of Corrections shall collect and report:
(1) data on a rate per 100 of committed persons
|
| regarding public safety as follows:
|
|
(A) committed persons released directly from
|
| segregation secured housing and restrictive housing to the community;
|
|
(B) the types of housing facilities, whether
|
| private residences, transitional housing, homeless shelters, or other, to which committed persons are released from Department correctional institutions and facilities;
|
|
(C) committed persons in custody who have
|
| completed evidence-based programs, including:
|
|
(i) educational;
(ii) vocational;
(iii) chemical dependency;
(iv) sex offender treatment; or
(v) cognitive behavioral;
(D) committed persons who are being held in
|
| custody past their mandatory statutory release date and the reasons for their continued confinement;
|
|
(E) parole and mandatory supervised release
|
| revocation rate by county and reasons for revocation; and
|
|
(F) committed persons on parole or mandatory
|
| supervised release who have completed evidence-based programs, including:
|
|
(A) educational;
(B) vocational;
(C) chemical dependency;
(D) sex offender treatment; or
(E) cognitive behavioral; and
(2) data on the average daily population and vacancy
|
| rate of each Adult Transition Center and work camp.
|
|
(c) The data provided under subsections (a) and (b) of this Section shall be included in the Department of Corrections quarterly report to the General Assembly under Section 3-5-3.1 of this Code and shall include an aggregate
chart at the agency level and individual reports by each correctional institution or facility of the Department of Corrections.
(d) The Director of Corrections shall ensure that the agency level data is reviewed by the Director's executive team on a quarterly basis. The correctional institution or facility's executive team and each chief administrative officer of the correctional institution or facility shall examine statewide and
local data at least quarterly. During these reviews, each chief administrative officer shall:
(1) identify trends;
(2) develop action items to mitigate the root causes
|
|
(3) establish committees at each correctional
|
| institution or facility which shall review the violence data on a quarterly basis and develop action plans to reduce violence. These plans shall include a wide range of strategies to incentivize good conduct.
|
|
(Source: P.A. 100-907, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties. (a) In addition to the powers, duties, and responsibilities which are otherwise provided by law or transferred to the Department as a result of this Article, the Department, as determined by the Director, shall have, but is not limited to, the following rights, powers, functions, and duties: (1) To accept juveniles committed to it by the courts |
| of this State for care, custody, treatment, and rehabilitation.
|
|
(2) To maintain and administer all State juvenile
|
| youth centers previously under the control of the Juvenile and Women's & Children Divisions of the Department of Corrections, and to establish and maintain youth centers as needed to meet the needs of the youth committed to its care.
|
|
(3) To identify the need for and recommend the
|
| funding and implementation of an appropriate mix of programs and services within the juvenile justice continuum, including, but not limited to, prevention, nonresidential and residential commitment programs, day treatment, and conditional release programs and services, with the support of educational, vocational, alcohol, drug abuse, and mental health services where appropriate.
|
|
(3.5) To assist youth committed to the Department of
|
| Juvenile Justice under the Juvenile Court Act of 1987 with successful reintegration into society, the Department shall retain custody and control of all adjudicated delinquent juveniles released under Section 3-2.5-85 or 3-3-10 of this Code, shall provide a continuum of post-release treatment and services to those youth, and shall supervise those youth during their release period in accordance with the conditions set by the Department or the Prisoner Review Board.
|
|
(4) To establish and provide transitional and
|
| post-release treatment programs for juveniles committed to the Department. Services shall include, but are not limited to:
|
|
(i) family and individual counseling and
|
|
(ii) referral services to any other State or
|
|
(iii) mental health services;
(iv) educational services;
(v) family counseling services; and
(vi) substance abuse services.
(5) To access vital records of juveniles for the
|
| purposes of providing necessary documentation for transitional services such as obtaining identification, educational enrollment, employment, and housing.
|
|
(6) To develop staffing and workload standards and
|
| coordinate staff development and training appropriate for juvenile populations.
|
|
(6.5) To develop policies and procedures promoting
|
| family engagement and visitation appropriate for juvenile populations.
|
|
(7) To develop, with the approval of the Office of
|
| the Governor and the Governor's Office of Management and Budget, annual budget requests.
|
|
(8) To administer the Interstate Compact for
|
| Juveniles, with respect to all juveniles under its jurisdiction, and to cooperate with the Department of Human Services with regard to all non-offender juveniles subject to the Interstate Compact for Juveniles.
|
|
(9) To decide the date of release on aftercare for
|
| youth committed to the Department under Section 5-750 of the Juvenile Court Act of 1987.
|
|
(10) To set conditions of aftercare release for all
|
| youth committed to the Department under the Juvenile Court Act of 1987.
|
|
(b) The Department may employ personnel in accordance with the Personnel Code and Section 3-2.5-15 of this Code, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
(d) To maintain and administer all State youth centers and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new youth centers and facilities, the Department may, with the written approval of the Governor, authorize the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law. The Department shall designate those institutions which shall constitute the Youth Corrections System.
Pursuant to its power to establish new institutions and facilities, the Department may authorize the Department of Central Management Services to accept bids from counties and municipalities for the construction, remodeling or conversion of a structure to be leased to the Department of Juvenile Justice for the purposes of its serving as a youth center or facility. Such construction, remodeling or conversion may be financed with revenue bonds issued pursuant to the Industrial Building Revenue Bond Act by the municipality or county. The lease specified in a bid shall be for a term of not less than the time needed to retire any revenue bonds used to finance the project, but not to exceed 40 years. The lease may grant to the State the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify one or more of the bids and shall submit any such bids to the General Assembly for approval. Upon approval of a bid by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement with the county or municipality pursuant to such bid.
(Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21; 102-558, eff. 8-20-21.)
|
(730 ILCS 5/3-2.5-85) Sec. 3-2.5-85. Eligibility for release; determination. (a) Every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987, except those committed for first degree murder, shall be: (1) Eligible for aftercare release without regard to |
| the length of time the youth has been confined or whether the youth has served any minimum term imposed.
|
|
(2) Placed on aftercare release on or before his or
|
| her 20th birthday or upon completion of the maximum term of confinement ordered by the court under Section 5-710 of the Juvenile Court Act of 1987, whichever is sooner.
|
|
(3) Considered for aftercare release at least 30 days
|
| prior to the expiration of the first year of confinement and at least annually thereafter.
|
|
(b) Subsections (d) through (l) of this Section do not apply when a youth is released under paragraph (2) of subsection (a) of this Section or the youth's release is otherwise required by law or ordered by the court. Youth who have been tried as an adult and committed to the Department under Section 5-8-6 of this Code are only eligible for mandatory supervised release as an adult under Section 3-3-3 of this Code.
(c) The Department shall establish a process for deciding the date of release on aftercare for every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987. The process shall include establishing a target release date upon commitment to the Department, the regular review and appropriate adjustment of the target release date, and the final release consideration at least 30 days prior to the youth's target release date. The establishment, adjustment, and final consideration of the target release date shall include consideration of the following factors:
(1) the nature and seriousness of the youth's offense;
(2) the likelihood the youth will reoffend or will
|
| pose a danger to the community based on an assessment of the youth's risks, strengths, and behavior; and
|
|
(3) the youth's progress since being committed to the
|
|
The target release date for youth committed to the Department for first degree murder shall not precede the minimum period of confinement provided in Section 5-750 of the Juvenile Court Act of 1987. These youth shall be considered for release upon completion of their minimum term of confinement and at least annually thereafter. The target release date for youth committed to the Department as a Habitual Juvenile Offender or Violent Juvenile Offender under Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall be extended by not less than 12 months.
(d) If the youth being considered for aftercare release has a petition or any written submissions prepared on his or her behalf by an attorney or other representative, the attorney or representative for the youth must serve by certified mail the State's Attorney of the county where the youth was prosecuted with the petition or any written submissions 15 days prior to the youth's target release date.
(e) In making its determination of aftercare release, the Department shall consider:
(1) material transmitted to the Department by the
|
| clerk of the committing court under Section 5-750 of the Juvenile Court Act of 1987;
|
|
(2) the report under Section 3-10-2;
(3) a report by the Department and any report by the
|
| chief administrative officer of the institution or facility;
|
|
(4) an aftercare release progress report;
(5) a medical and psychological report, if available;
(6) material in writing, or on film, video tape or
|
| other electronic means in the form of a recording submitted by the youth whose aftercare release is being considered;
|
|
(7) material in writing, or on film, video tape or
|
| other electronic means in the form of a recording or testimony submitted by the State's Attorney and the victim or a concerned citizen under the Rights of Crime Victims and Witnesses Act; and
|
|
(8) the youth's eligibility for commitment under the
|
| Sexually Violent Persons Commitment Act.
|
|
(f) The prosecuting State's Attorney's office shall receive from the Department reasonable written notice not less than 30 days prior to the target release date and may submit relevant information by oral argument or testimony of victims and concerned citizens, or both, in writing, or on film, video tape or other electronic means or in the form of a recording to the Department for its consideration. The State's Attorney may waive the written notice of the target release date at any time. Upon written request of the State's Attorney's office, provided the request is received within 15 days of receipt of the written notice of the target release date, the Department shall hear protests to aftercare release. If a State's Attorney requests a protest hearing, the committed youth's attorney or other representative shall also receive notice of the request and a copy of any information submitted by the State's Attorney. This hearing shall take place prior to the youth's aftercare release. The Department shall schedule the protest hearing date, providing at least 15 days' notice to the State's Attorney. If the protest hearing is rescheduled, the Department shall promptly notify the State's Attorney of the new date.
(g) The victim of the violent crime for which the youth has been sentenced shall receive notice of the target release date as provided in paragraph (4) of subsection (d) of Section 4.5 of the Rights of Crime Victims and Witnesses Act.
(h) The Department shall not release any material to the youth, the youth's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the youth's aftercare release, unless provided with a waiver from that objecting party. The Department shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system.
(i) Any recording considered under the provisions of paragraph (6) or (7) of subsection (e) or subsection (f) of this Section shall be in the form designated by the Department. The recording shall be both visual and aural. Every voice on the recording and person present shall be identified and the recording shall contain either a visual or aural statement of the person submitting the recording, the date of the recording, and the name of the youth whose aftercare release is being considered. The recordings shall be retained by the Department and shall be considered during any subsequent aftercare release decision if the victim or State's Attorney submits in writing a declaration clearly identifying the recording as representing the position of the victim or State's Attorney regarding the release of the youth.
(j) The Department shall not release a youth eligible for aftercare release if it determines that:
(1) there is a substantial risk that he or she will
|
| not conform to reasonable conditions of aftercare release;
|
|
(2) his or her release at that time would deprecate
|
| the seriousness of his or her offense or promote disrespect for the law; or
|
|
(3) his or her release would have a substantially
|
| adverse effect on institutional discipline.
|
|
(k) The Department shall render its release decision and shall state the basis therefor both in the records of the Department and in written notice to the youth who was considered for aftercare release. In its decision, the Department shall set the youth's time for aftercare release, or if it denies aftercare release it shall provide for reconsideration of aftercare release not less frequently than once each year.
(l) The Department shall ensure all evaluations and proceedings under the Sexually Violent Persons Commitment Act are completed prior to any youth's release, when applicable.
(m) Any youth whose aftercare release has been revoked by the Prisoner Review Board under Section 3-3-9.5 of this Code may be rereleased to the full aftercare release term by the Department at any time in accordance with this Section. Youth rereleased under this subsection shall be subject to Sections 3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5 of this Code.
(n) The Department shall adopt rules regarding the exercise of its discretion under this Section.
(Source: P.A. 102-350, eff. 8-13-21.)
|
(730 ILCS 5/3-2.5-95) Sec. 3-2.5-95. Conditions of aftercare release. (a) The conditions of aftercare release for all youth committed to the Department under the Juvenile Court Act of 1987 shall be such as the Department of Juvenile Justice deems necessary to assist the youth in leading a law-abiding life. The conditions of every aftercare release are that the youth: (1) not violate any criminal statute of any |
| jurisdiction during the aftercare release term;
|
|
(2) refrain from possessing a firearm or other
|
|
(3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit
|
| the youth at his or her home, employment, or elsewhere to the extent necessary for the agent or aftercare specialist to discharge his or her duties;
|
|
(5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a
|
| committed person in an Illinois Department of Corrections or Illinois Department of Juvenile Justice facility;
|
|
(7) report all arrests to an agent of the Department
|
| as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department;
|
|
(8) obtain permission of an agent of the Department
|
| before leaving the State of Illinois;
|
|
(9) obtain permission of an agent of the Department
|
| before changing his or her residence or employment;
|
|
(10) consent to a search of his or her person,
|
| property, or residence under his or her control;
|
|
(11) refrain from the use or possession of narcotics
|
| or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by an agent of the Department;
|
|
(12) not frequent places where controlled substances
|
| are illegally sold, used, distributed, or administered;
|
|
(13) not knowingly associate with other persons on
|
| parole, aftercare release, or mandatory supervised release without prior written permission of his or her aftercare specialist and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
|
|
(14) provide true and accurate information, as it
|
| relates to his or her adjustment in the community while on aftercare release or to his or her conduct while incarcerated, in response to inquiries by an agent of the Department;
|
|
(15) follow any specific instructions provided by the
|
| agent that are consistent with furthering conditions set and approved by the Department or by law to achieve the goals and objectives of his or her aftercare release or to protect the public; these instructions by the agent may be modified at any time, as the agent deems appropriate;
|
|
(16) comply with the terms and conditions of an order
|
| of protection issued under the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued under the Civil No Contact Order Act; or a no contact order issued under the Stalking No Contact Order Act;
|
|
(17) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, and a sex offender treatment provider has evaluated and recommended further sex offender treatment while on aftercare release, the youth shall undergo treatment by a sex offender treatment provider or associate sex offender provider as defined in the Sex Offender Management Board Act at his or her expense based on his or her ability to pay for the treatment;
|
|
(18) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
|
|
(19) if convicted for an offense that would qualify
|
| the offender as a sexual predator under the Sex Offender Registration Act wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the youth's aftercare release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child when the victim was under 18 years of age at the time of the commission of the offense and the offender used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the youth's aftercare release term;
|
|
(20) if convicted for an offense that would qualify
|
| the offender as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the offender and whom the offender reasonably believes to be under 18 years of age; for purposes of this paragraph (20), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the offender if the person is not: (A) the spouse, brother, or sister of the offender; (B) a descendant of the offender; (C) a first or second cousin of the offender; or (D) a step-child or adopted child of the offender;
|
|
(21) if convicted under Section 11-6, 11-20.1,
|
| 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
|
|
(22) if convicted for an offense that would qualify
|
| the offender as a sex offender or sexual predator under the Sex Offender Registration Act, not possess prescription drugs for erectile dysfunction;
|
|
(23) if convicted for an offense under Section 11-6,
|
| 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses:
|
|
(A) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(B) submit to periodic unannounced examinations
|
| of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
|
|
(C) submit to the installation on the youth's
|
| computer or device with Internet capability, at the youth's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(D) submit to any other appropriate restrictions
|
| concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist;
|
|
(24) if convicted of a sex offense as defined in the
|
| Sex Offender Registration Act, refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
|
|
(25) if convicted of a sex offense as defined in
|
| Section 2 of the Sex Offender Registration Act that requires the youth to register as a sex offender under that Act, not knowingly use any computer scrub software on any computer that the youth uses;
|
|
(26) if convicted of a sex offense as defined in
|
| subsection (a-5) of Section 3-1-2 of this Code, unless the youth is a parent or guardian of a person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
|
|
(27) if convicted of a violation of an order of
|
| protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code; and
|
|
(28) if convicted of a violation of the
|
| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
|
|
(A) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
|
|
(B) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing ammonium nitrate.
|
|
(b) The Department may in addition to other conditions require that the youth:
(1) work or pursue a course of study or vocational
|
|
(2) undergo medical or psychiatric treatment, or
|
| treatment for drug addiction or alcoholism;
|
|
(3) attend or reside in a facility established for
|
| the instruction or residence of persons on probation or aftercare release;
|
|
(4) support his or her dependents;
(5) if convicted for an offense that would qualify
|
| the youth as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the youth and whom the youth reasonably believes to be under 18 years of age; for purposes of this paragraph (5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the youth if the person is: (A) the spouse, brother, or sister of the youth; (B) a descendant of the youth; (C) a first or second cousin of the youth; or (D) a step-child or adopted child of the youth;
|
|
(6) if convicted for an offense that would qualify as
|
| a sex offense as defined in the Sex Offender Registration Act:
|
|
(A) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(B) submit to periodic unannounced examinations
|
| of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
|
|
(C) submit to the installation on the youth's
|
| computer or device with Internet capability, at the youth's offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(D) submit to any other appropriate restrictions
|
| concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist; and
|
|
(7) in addition to other conditions:
(A) reside with his or her parents or in a foster
|
|
(B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home
|
|
(c) In addition to the conditions under subsections (a) and (b) of this Section, youths required to register as sex offenders under the Sex Offender Registration Act, upon release from the custody of the Department of Juvenile Justice, may be required by the Department to comply with the following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
|
|
(3) notify third parties of the risks that may be
|
| occasioned by his or her criminal record;
|
|
(4) obtain the approval of an agent of the Department
|
| prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
|
|
(5) not be employed or participate in any volunteer
|
| activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department;
|
|
(6) be electronically monitored for a specified
|
| period of time from the date of release as determined by the Department;
|
|
(7) refrain from entering into a designated
|
| geographic area except upon terms approved in advance by an agent of the Department; these terms may include consideration of the purpose of the entry, the time of day, and others accompanying the youth;
|
|
(8) refrain from having any contact, including
|
| written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department;
|
|
(9) refrain from all contact, directly or indirectly,
|
| personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department;
|
|
(10) neither possess or have under his or her control
|
| any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including, but not limited to, visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
|
|
(11) not patronize any business providing sexually
|
| stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
|
|
(12) not reside near, visit, or be in or about parks,
|
| schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department and immediately report any incidental contact with minor children to the Department;
|
|
(13) not possess or have under his or her control
|
| certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department;
|
|
(14) may be required to provide a written daily log
|
| of activities if directed by an agent of the Department;
|
|
(15) comply with all other special conditions that
|
| the Department may impose that restrict the youth from high-risk situations and limit access to potential victims;
|
|
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of an agent of the
|
| Department before driving alone in a motor vehicle.
|
|
(d) The conditions under which the aftercare release is to be served shall be communicated to the youth in writing prior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a copy of an order of protection if one had been issued by the criminal court, shall be retained by the youth and another copy forwarded to the officer or aftercare specialist in charge of his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the Department of Juvenile Justice may modify or enlarge the conditions of aftercare release.
(f) The Department shall inform all youth of the optional services available to them upon release and shall assist youth in availing themselves of the optional services upon their release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17.)
|
(730 ILCS 5/3-2.7-25) (Text of Section before amendment by P.A. 103-397) Sec. 3-2.7-25. Duties and powers. (a) The Independent Juvenile Ombudsperson shall function independently within the Department of Juvenile Justice with respect to the operations of the Office in performance of the Ombudsperson's duties under this Article and shall report to the Governor. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out the Ombudsperson's duties. Funding for the Office shall be designated separately within Department funds. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson. (b) The Office of Independent Juvenile Ombudsperson shall have the following duties: (1) review and monitor the implementation of the |
| rules and standards established by the Department of Juvenile Justice and evaluate the delivery of services to youth to ensure that the rights of youth are fully observed;
|
|
(2) provide assistance to a youth or family whom the
|
| Ombudsperson determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the youth;
|
|
(3) investigate and attempt to resolve complaints
|
| made by or on behalf of youth, other than complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office determines that the investigation and resolution would further the purpose of the Office, and:
|
|
(A) a youth committed to the Department of
|
| Juvenile Justice or the youth's family is in need of assistance from the Office; or
|
|
(B) a systemic issue in the Department of
|
| Juvenile Justice's provision of services is raised by a complaint;
|
|
(4) review or inspect periodically the facilities and
|
| procedures of any facility in which a youth has been placed by the Department of Juvenile Justice to ensure that the rights of youth are fully observed; and
|
|
(5) be accessible to and meet confidentially and
|
| regularly with youth committed to the Department and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.
|
|
(c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor:
(1) cases of severe abuse or injury of a youth;
(2) serious misconduct, misfeasance, malfeasance, or
|
| serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice program or operation;
|
|
(3) serious problems concerning the delivery of
|
| services in a facility operated by or under contract with the Department of Juvenile Justice;
|
|
(4) interference by the Department of Juvenile
|
| Justice with an investigation conducted by the Office; and
|
|
(5) other cases as deemed necessary by the
|
|
(d) Notwithstanding any other provision of law, the Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsperson determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Ombudsperson shall immediately notify the Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsperson shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsperson shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.
(e) In performance of the Ombudsperson's duties, the Ombudsperson may:
(1) review court files of youth;
(2) recommend policies, rules, and legislation
|
| designed to protect youth;
|
|
(3) make appropriate referrals under any of the
|
| duties and powers listed in this Section;
|
|
(4) attend internal administrative and disciplinary
|
| hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and
|
|
(5) perform other acts, otherwise permitted or
|
| required by law, in furtherance of the purpose of the Office.
|
|
(f) To assess if a youth's rights have been violated, the Ombudsperson may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of the Ombudsperson's investigation or to secure information as necessary to fulfill the Ombudsperson's duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)
(Text of Section after amendment by P.A. 103-397)
Sec. 3-2.7-25. Duties and powers.
(a) The Independent Juvenile Ombudsperson shall function independently within the Department of Juvenile Justice and county-operated juvenile detention centers with respect to the operations of the Office in performance of the Ombudsperson's duties under this Article and shall report to the Governor and to local authorities as provided in Section 3-2.7-50. The Ombudsperson shall adopt rules and standards as may be necessary or desirable to carry out the Ombudsperson's duties. Funding for the Office shall be designated separately within Department funds and shall include funds for operations at county-operated juvenile detention centers. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson. County-operated juvenile detention centers shall provide necessary administrative services and space, upon request, inside the facility to the Office of the Independent Juvenile Ombudsperson to meet confidentially with youth and otherwise in performance of the Ombudsperson's duties under this Article.
(b) The Office of Independent Juvenile Ombudsperson shall have the following duties:
(1) review and monitor the implementation of the
|
| rules and standards established by the Department of Juvenile Justice and county-operated juvenile detention centers and evaluate the delivery of services to youth to ensure that the rights of youth are fully observed;
|
|
(2) provide assistance to a youth or family whom the
|
| Ombudsperson determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the youth;
|
|
(3) investigate and attempt to resolve complaints
|
| made by or on behalf of youth, other than complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office determines that the investigation and resolution would further the purpose of the Office, and:
|
|
(A) a youth committed to the Department of
|
| Juvenile Justice or a county-operated juvenile detention center or the youth's family is in need of assistance from the Office; or
|
|
(B) a systemic issue in the Department of
|
| Juvenile Justice's or county-operated juvenile detention center's provision of services is raised by a complaint;
|
|
(4) review or inspect periodically the facilities and
|
| procedures of any county-operated juvenile detention center or any facility in which a youth has been placed by the Department of Juvenile Justice to ensure that the rights of youth are fully observed; and
|
|
(5) be accessible to and meet confidentially and
|
| regularly with youth committed to the Department or a county-operated juvenile detention center and serve as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.
|
|
(c) The following cases shall be reported immediately to the Director of Juvenile Justice and the Governor, and for cases that arise in county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts:
(1) cases of severe abuse or injury of a youth;
(2) serious misconduct, misfeasance, malfeasance, or
|
| serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice or county-operated juvenile detention center program or operation;
|
|
(3) serious problems concerning the delivery of
|
| services in a county-operated juvenile detention center or a facility operated by or under contract with the Department of Juvenile Justice;
|
|
(4) interference by the Department of Juvenile
|
| Justice or county-operated juvenile detention center with an investigation conducted by the Office; and
|
|
(5) other cases as deemed necessary by the
|
|
(d) Notwithstanding any other provision of law, the Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the Ombudsperson determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Ombudsperson shall immediately notify the Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation. If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act. Any investigation conducted by the Ombudsperson shall not be duplicative and shall be separate from any investigation mandated by the Abused and Neglected Child Reporting Act. All investigations conducted by the Ombudsperson shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution.
(e) In performance of the Ombudsperson's duties, the Ombudsperson may:
(1) review court files of youth;
(2) recommend policies, rules, and legislation
|
| designed to protect youth;
|
|
(3) make appropriate referrals under any of the
|
| duties and powers listed in this Section;
|
|
(4) attend internal administrative and disciplinary
|
| hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and
|
|
(5) perform other acts, otherwise permitted or
|
| required by law, in furtherance of the purpose of the Office.
|
|
(f) To assess if a youth's rights have been violated, the Ombudsperson may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, youth, parent, expert, or any other individual in the course of the Ombudsperson's investigation or to secure information as necessary to fulfill the Ombudsperson's duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)
|
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term "Parole and
Pardon Board" as used in any law of Illinois, shall read "Prisoner Review
Board." After February 1, 1978 (the effective date of Public Act 81-1099), the
Prisoner Review Board shall provide by rule for the orderly transition of
all files, records, and documents of the Parole and Pardon Board and for
such other steps as may be necessary to effect an orderly transition and shall:
(1) hear by at least one member and through a panel |
| of at least 3 members decide, cases of prisoners who were sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099), and who are eligible for parole;
|
|
(2) hear by at least one member and through a panel
|
| of at least 3 members decide, the conditions of parole and the time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099); provided that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the Prisoner Review Board. One representative supporting parole and one representative opposing parole will be allowed to speak. Their comments shall be limited to making corrections and filling in omissions to the Board's presentation and discussion;
|
|
(3) hear by at least one member and through a panel
|
| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under the law in effect after February 1, 1978 (the effective date of Public Act 81-1099);
|
|
(3.5) hear by at least one member and through a panel
|
| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5-8-1;
|
|
(3.6) hear by at least one member and through a panel
|
| of at least 3 members decide whether to revoke aftercare release for those committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987;
|
|
(4) hear by at least one member and through a panel
|
| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to sentence credits under Section 3-6-3 of this Code in which the Department seeks to revoke sentence credits, if the amount of time at issue exceeds 30 days or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In such cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit for any prisoner or to increase any penalty beyond the length requested by the Department;
|
|
(5) hear by at least one member and through a panel
|
| of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to February 1, 1978 (the effective date of Public Act 81-1099), in accordance with Section 3-3-2.1 of this Code;
|
|
(6) hear by at least one member and through a panel
|
| of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;
|
|
(6.5) hear by at least one member who is qualified in
|
| the field of juvenile matters and through a panel of at least 3 members, 2 of whom are qualified in the field of juvenile matters, decide parole review cases in accordance with Section 5-4.5-115 of this Code and make release determinations of persons under the age of 21 at the time of the commission of an offense or offenses, other than those persons serving sentences for first degree murder or aggravated criminal sexual assault;
|
|
(6.6) hear by at least a quorum of the Prisoner
|
| Review Board and decide by a majority of members present at the hearing, in accordance with Section 5-4.5-115 of this Code, release determinations of persons under the age of 21 at the time of the commission of an offense or offenses of those persons serving sentences for first degree murder or aggravated criminal sexual assault;
|
|
(7) comply with the requirements of the Open Parole
|
|
(8) hear by at least one member and, through a panel
|
| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for court dismissal of a frivolous lawsuit pursuant to Section 3-6-3(d) of this Code in which the Department seeks to revoke up to 180 days of sentence credit, and if the prisoner has not accumulated 180 days of sentence credit at the time of the dismissal, then all sentence credit accumulated by the prisoner shall be revoked;
|
|
(9) hear by at least 3 members, and, through a panel
|
| of at least 3 members, decide whether to grant certificates of relief from disabilities or certificates of good conduct as provided in Article 5.5 of Chapter V;
|
|
(10) upon a petition by a person who has been
|
| convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for sealing:
|
|
(A) until 5 years have elapsed since the
|
| expiration of his or her sentence;
|
|
(B) until 5 years have elapsed since any arrests
|
| or detentions by a law enforcement officer for an alleged violation of law, other than a petty offense, traffic offense, conservation offense, or local ordinance offense;
|
|
(C) if convicted of a violation of the Cannabis
|
| Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully;
|
|
(D) if convicted of:
(i) a sex offense described in Article 11 or
|
| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
|
|
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
|
| 1961 or the Criminal Code of 2012 involving a firearm;
|
|
(viii) driving while under the influence of
|
| alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
|
|
(ix) aggravated driving while under the
|
| influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; or
|
|
(x) any crime defined as a crime of violence
|
| under Section 2 of the Crime Victims Compensation Act.
|
|
If a person has applied to the Board for a
|
| certificate of eligibility for sealing and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for pardon from the Governor unless the Chairman of the Prisoner Review Board grants a waiver.
|
|
The decision to issue or refrain from issuing a
|
| certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members.
|
|
The Board may only authorize the sealing of Class 3
|
| and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10). A petitioner may only receive one certificate of eligibility for sealing under this provision for life; and
|
|
(11) upon a petition by a person who after having
|
| been convicted of a Class 3 or Class 4 felony thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for expungement:
|
|
(A) if convicted of:
(i) a sex offense described in Article 11 or
|
| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or Criminal Code of 2012;
|
|
(ii) an offense under the Criminal Code of
|
| 1961 or Criminal Code of 2012 involving a firearm; or
|
|
(iii) a crime of violence as defined in
|
| Section 2 of the Crime Victims Compensation Act; or
|
|
(B) if the person has not served in the United
|
| States Armed Forces or National Guard of this or any other state or has not received an honorable discharge from the United States Armed Forces or National Guard of this or any other state or who at the time of the filing of the petition is serving in the United States Armed Forces or National Guard of this or any other state and has not completed one tour of duty.
|
|
If a person has applied to the Board for a
|
| certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver.
|
|
(a-5) The Prisoner Review Board, with the cooperation of and in
coordination with the Department of Corrections and the Department of Central
Management Services, shall implement a pilot project in 3 correctional
institutions providing for the conduct of hearings under paragraphs (1) and
(4)
of subsection (a) of this Section through interactive video conferences.
The
project shall be implemented within 6 months after January 1, 1997 (the effective date of Public Act 89-490). Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of and in coordination
with the Department of Corrections and the Department of Central Management
Services, shall report to the Governor and the General Assembly regarding the
use, costs, effectiveness, and future viability of interactive video
conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in promoting an
effective system of parole and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its work,
and the Chairman shall file a copy of such rules and any amendments
thereto with the Director and with the Secretary of State.
(e) The Board shall keep records of all of its official actions and
shall make them accessible in accordance with law and the rules of the
Board.
(f) The Board or one who has allegedly violated the conditions of
his or her parole, aftercare release, or mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of documentary
evidence relating to any matter under investigation or hearing. The
Chairman of the Board may sign subpoenas which shall be served by any
agent or public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the production of
documentary evidence, may be required from any place in the State to a
hearing location in the State before the Chairman of the Board or his or her
designated agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be paid the same
fees and mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the persons taking
those depositions are each entitled to the same fees as are paid for
like services in actions in the circuit courts of the State. Fees and
mileage shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may petition any
circuit court of the State for an order requiring the attendance and
testimony of witnesses or the production of documentary evidence or
both. A copy of such petition shall be served by personal service or by
registered or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a hearing
upon the petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary remedies
at a specified time, on a specified date, not less than 10 nor more than
15 days after the deposit of the copy of the written notice and petition
in the U.S. mail addressed to the person at his or her last known address or
after the personal service of the copy of the notice and petition upon
such person. The court upon the filing of such a petition, may order the
person refusing to obey the subpoena to appear at an investigation or
hearing, or to there produce documentary evidence, if so ordered, or to
give evidence relative to the subject matter of that investigation or
hearing. Any failure to obey such order of the circuit court may be
punished by that court as a contempt of court.
Each member of the Board and any hearing officer designated by the
Board shall have the power to administer oaths and to take the testimony
of persons under oath.
(g) Except under subsection (a) of this Section, a majority of the
members then appointed to the Prisoner Review Board shall constitute a
quorum for the transaction of all business of the Board.
(h) The Prisoner Review Board shall annually transmit to the
Director a detailed report of its work for the preceding calendar year.
The annual report shall also be transmitted to the Governor for
submission to the Legislature.
(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
|
(730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
Sec. 3-3-2.1. Prisoner Review Board - Release Date. (a) Except as
provided in subsection (b), the Prisoner Review Board shall, no later
than 7 days following a prisoner's next parole hearing after the
effective date of this Amendatory Act of 1977, provide each prisoner
sentenced under the law in effect prior to the effective date of this
amendatory Act of 1977, with a fixed release date.
(b) No release date under this Section shall be set for any person
sentenced to an indeterminate sentence under the law in effect prior to
the effective date of this amendatory Act of 1977 in which the minimum
term of such sentence is 20 years or more.
(c) The Prisoner Review Board shall notify each eligible offender of
his or her release date in a form substantially as follows:
Date of Notice
"To (Name of offender):
Under a recent change in the law you are provided with this choice:
(1) You may remain under your present indeterminate sentence and
continue to be eligible for parole; or (2) you may waive your right to
parole and accept the release date which has been set for you. From
this release date will be deducted any good conduct credit you may earn.
If you accept the release date established by the Board, you will no
longer be eligible for parole.
Your release date from prison has been set for: (release date) ........ ,
subject to a term of mandatory supervised release as provided by law.
If you accumulate the maximum amount of good conduct credit as
allowed by law recently enacted, you can be released on:
........ , subject to a term of mandatory supervised release as provided by law.
Should you choose not to accept the release date, your next parole
hearing will be: ........ .
The Board has based its determination of your release date on the
following:
(1) The material that normally would be examined in |
| connection with your parole hearing, as set forth in paragraph (d) of Section 3-3-4 of the Unified Code of Corrections:
|
|
(2) the intent of the court in imposing sentence on
|
|
(3) the present schedule of sentences for similar
|
| offenses provided by Articles 4.5 and 5 of Chapter V of the Unified Code of Corrections, as amended;
|
|
(4) the factors in mitigation and aggravation
|
| provided by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of Corrections, as amended;
|
|
(5) The rate of accumulating good conduct credits
|
| provided by Section 3-6-3 of the Unified Code of Corrections, as amended;
|
|
(6) your behavior since commitment.
You now have 60 days in which to decide whether to remain under your
indeterminate sentence and continue to be eligible for parole or waive
your right to parole and accept the release date established for you by
the Board. If you do nothing within 60 days, you will remain under the
parole system.
If you accept the release date, you may accumulate good conduct
credit at the maximum rate provided under the law recently enacted.
If you feel that the release date set for you is unfair or is not
based on complete information required to be considered by the Board,
you may request that the Board reconsider the date. In your request you
must set forth specific reasons why you feel the Board's release date is
unfair and you may submit relevant material in support of your request.
The Department of Corrections is obligated to assist you in that
effort, if you ask it to do so.
The Board will notify you within 60 days whether or not it will
reconsider its decision. The Board's decision with respect to
reconsidering your release date is final and cannot be appealed to any
court.
If the Board decides not to reconsider your case you will have 60
days in which to decide whether to accept the release date and waive
your right to parole or to continue under the parole system. If you do
nothing within 60 days after you receive notification of the Board's
decision you will remain under the parole system.
If the Board decides to reconsider its decision with respect to your
release date, the Board will schedule a date for reconsideration as soon
as practicable, but no later than 60 days from the date it receives your
request, and give you at least 30 days notice. You may submit material
to the Board which you believe will be helpful in deciding a proper date
for your release. The Department of Corrections is obligated to assist
you in that effort, if you ask it to do so.
Neither you nor your lawyer has the right to be present on the date
of reconsideration, nor the right to call witnesses. However, the
Board may ask you or your lawyer to appear or may ask to hear witnesses.
The Board will base its determination on the same data on which it made
its earlier determination, plus any new information which may be
available to it.
When the Board has made its decision you will be informed of the
release date. In no event will it be longer than the release date
originally determined. From this date you may continue to accumulate
good conduct credits at the maximum rate. You will not be able to
appeal the Board's decision to a court.
Following the Board's reconsideration and upon being notified of your
release date you will have 60 days in which to decide whether to accept
the release date and waive your right to parole or to continue under the
parole system. If you do nothing within 60 days after notification of
the Board's decision you will remain under the parole system."
(d) The Board shall provide each eligible offender with a form
substantially as follows:
"I (name of offender) am fully aware of my right to choose between
parole eligibility and a fixed release date. I know that if I accept
the release date established, I will give up my right to seek parole. I
have read and understood the Prisoner Review Board's letter, and I know
how and under what circumstances the Board has set my release date. I
know that I will be released on that date and will be released earlier
if I accumulate good conduct credit. I know that the date set by the
Board is final, and can't be appealed to a court.
Fully aware of all the implications, I expressly and knowingly waive
my right to seek parole and accept the release date as established by
the Prisoner Review Board."
(e) The Board shall use the following information and standards in
establishing a release date for each eligible offender who requests that
a date be set:
(1) Such information as would be considered in a
|
| parole hearing under Section 3-3-4 of this Code;
|
|
(2) The intent of the court in imposing the
|
|
(3) The present schedule for similar offenses
|
| provided by Articles 4.5 and 5 of Chapter V of this Code;
|
|
(4) Factors in aggravation and mitigation of sentence
|
| as provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
|
|
(5) The rate of accumulating good conduct credits
|
| provided by Section 3-6-3 of this Code;
|
|
(6) The offender's behavior since commitment to the
|
|
(f) After the release date is set by the Board, the offender can
accumulate good conduct credits in accordance with Section 3-6-3 of this
Code.
(g) The release date established by the Board shall not be sooner
than the earliest date that the offender would have been eligible for
release under the sentence imposed on him by the court, less time credit
previously earned for good behavior, nor shall it be later than the
latest date at which the offender would have been eligible for release
under such sentence, less time credit previously earned for good behavior.
(h) (1) Except as provided in subsection (b), each prisoner
appearing at his next parole hearing subsequent to the effective date of
the amendatory Act of 1977, shall be notified within 7 days of the
hearing that he will either be released on parole or that a release date
has been set by the Board. The notice and waiver form provided for in
subsections (c) and (d) shall be presented to eligible prisoners no
later than 7 days following their parole hearing. A written statement
of the basis for the decision with regard to the release date set shall
be given to such prisoners no later than 14 days following the parole
hearing.
(2) Each prisoner upon notification of his release date shall have
60 days to choose whether to remain under the parole system or to accept
the release date established by the Board. No release date shall be
effective unless the prisoner waives his right to parole in writing. If
no choice is made by such prisoner within 60 days from the date of his
notification of a release date, such prisoner shall remain under the
parole system.
(3) Within the 60 day period as provided in paragraph (2) of this
subsection, a prisoner may request that the Board reconsider its
decision with regard to such prisoner's release date. No later than 60
days following receipt of such request for reconsideration, the Board
shall notify the prisoner as to whether or not it will reconsider such
prisoner's release date. No court shall have jurisdiction to review the
Board's decision. No prisoner shall be entitled to more than one request
for reconsideration of his release date.
(A) If the Board decides not to reconsider the
|
| release date, the prisoner shall have 60 days to choose whether to remain under the parole system or to accept the release date established by the Board. No release date shall be effective unless the prisoner waives his right to parole in writing. If no choice is made by such prisoner within 60 days from the date of the notification by the Board refusing to reconsider his release date, such prisoner shall remain under the parole system.
|
|
(B) If the Board decides to reconsider its decision
|
| with respect to such release date, the Board shall schedule a date for reconsideration as soon as practicable, but no later than 60 days from the date of the prisoner's request, and give such prisoner at least 30 days notice. Such prisoner may submit any relevant material to the Board which would aid in ascertaining a proper release date. The Department of Corrections shall assist any such prisoner if asked to do so.
|
|
Neither the prisoner nor his lawyer has the right to
|
| be present on the date of reconsideration, nor the right to call witnesses. However, the Board may ask such prisoner or his or her lawyer to appear or may ask to hear witnesses. The Board shall base its determination on the factors specified in subsection (e), plus any new information which may be available to it.
|
|
(C) When the Board has made its decision, the
|
| prisoner shall be informed of the release date as provided for in subsection (c) no later than 7 days following the reconsideration. In no event shall such release date be longer than the release date originally determined. The decision of the Board is final. No court shall have jurisdiction to review the Board's decision.
|
|
Following the Board's reconsideration and its notification to the
prisoner of his or her release date, such prisoner shall have 60 days
from the date of such notice in which to decide whether to accept the
release date and waive his or her right to parole or to continue under
the parole system. If such prisoner does nothing within 60 days after
notification of the Board's decision, he or she shall remain under the
parole system.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1000, eff. 7-2-10.)
|
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) Sec. 3-3-7. Conditions of parole or mandatory supervised release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any |
| jurisdiction during the parole or release term;
|
|
(2) refrain from possessing a firearm or other
|
|
(3) report to an agent of the Department of
|
|
(4) permit the agent to visit him or her at his or
|
| her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
|
|
(5) attend or reside in a facility established for
|
| the instruction or residence of persons on parole or mandatory supervised release;
|
|
(6) secure permission before visiting or writing a
|
| committed person in an Illinois Department of Corrections facility;
|
|
(7) report all arrests to an agent of the Department
|
| of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections;
|
|
(7.5) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
|
|
(7.6) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
|
|
(7.7) if convicted for an offense that would qualify
|
| the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988), wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term;
|
|
(7.8) if convicted for an offense committed on or
|
| after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.8), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
|
|
(7.9) if convicted under Section 11-6, 11-20.1,
|
| 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
|
|
(7.10) if convicted for an offense that would
|
| qualify the accused as a sex offender or sexual predator under the Sex Offender Registration Act on or after June 1, 2008 (the effective date of Public Act 95-640), not possess prescription drugs for erectile dysfunction;
|
|
(7.11) if convicted for an offense under Section
|
| 11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent;
|
|
(7.12) if convicted of a sex offense as defined in
|
| the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
|
|
(7.13) if convicted of a sex offense as defined in
|
| Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;
|
|
(8) obtain permission of an agent of the Department
|
| of Corrections before leaving the State of Illinois;
|
|
(9) obtain permission of an agent of the Department
|
| of Corrections before changing his or her residence or employment;
|
|
(10) consent to a search of his or her person,
|
| property, or residence under his or her control;
|
|
(11) refrain from the use or possession of narcotics
|
| or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections if there is reasonable suspicion of illicit drug use and the source of the reasonable suspicion is documented in the Department's case management system;
|
|
(12) not knowingly frequent places where controlled
|
| substances are illegally sold, used, distributed, or administered;
|
|
(13) except when the association described in either
|
| subparagraph (A) or (B) of this paragraph (13) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent:
|
|
(A) not knowingly associate with other persons on
|
| parole or mandatory supervised release without prior written permission of his or her parole agent; or
|
|
(B) not knowingly associate with persons who are
|
| members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
|
|
(14) provide true and accurate information, as it
|
| relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
|
|
(15) follow any specific instructions provided by the
|
| parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate;
|
|
(16) if convicted of a sex offense as defined in
|
| subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
|
|
(17) if convicted of a violation of an order of
|
| protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code;
|
|
(18) comply with the terms and conditions of an
|
| order of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act;
|
|
(19) if convicted of a violation of the
|
| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
|
|
(A) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
|
|
(B) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing ammonium nitrate;
|
|
(20) if convicted of a hate crime under Section
|
| 12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed ordered by the court; and
|
|
(21) be evaluated by the Department of Corrections
|
| prior to release using a validated risk assessment and be subject to a corresponding level of supervision. In accordance with the findings of that evaluation:
|
|
(A) All subjects found to be at a moderate or
|
| high risk to recidivate, or on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, shall be subject to high level supervision. The Department shall define high level supervision based upon evidence-based and research-based practices. Notwithstanding this placement on high level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
|
|
(B) All subjects found to be at a low risk to
|
| recidivate shall be subject to low-level supervision, except for those subjects on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. Low level supervision shall require the subject to check in with the supervising officer via phone or other electronic means. Notwithstanding this placement on low level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
|
|
(b) The Board may after making an individualized assessment pursuant to subsection (a) of Section 3-14-2 in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational
|
|
(2) undergo medical or psychiatric treatment, or
|
| treatment for drug addiction or alcoholism;
|
|
(3) attend or reside in a facility established for
|
| the instruction or residence of persons on probation or parole;
|
|
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
|
| after the effective date of this amendatory Act of the 95th General Assembly that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
|
|
(7.6) if convicted for an offense committed on or
|
| after June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent; and
|
|
(8) (blank).
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release following an individualized assessment pursuant to subsection (a) of Section 3-14-2:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
|
|
(3) notify third parties of the risks that
|
| may be occasioned by his or her criminal record;
|
|
(4) obtain the approval of an agent of the Department
|
| of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
|
|
(5) not be employed or participate in any
|
| volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
|
|
(6) be electronically monitored for a minimum of 12
|
| months from the date of release as determined by the Board;
|
|
(7) refrain from entering into a designated
|
| geographic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
|
|
(8) refrain from having any contact, including
|
| written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
|
|
(9) refrain from all contact, directly or
|
| indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;
|
|
(10) neither possess or have under his or her
|
| control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
|
|
(11) not patronize any business providing
|
| sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
|
|
(12) not reside near, visit, or be in or about
|
| parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
|
|
(13) not possess or have under his or her control
|
| certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
|
|
(14) may be required to provide a written daily log
|
| of activities if directed by an agent of the Department of Corrections;
|
|
(15) comply with all other special conditions
|
| that the Department may impose that restrict the person from high-risk situations and limit access to potential victims;
|
|
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
|
| officer before driving alone in a motor vehicle.
|
|
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or she shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 103-271, eff. 1-1-24.)
|
(730 ILCS 5/3-3-11.05)
Sec. 3-3-11.05. State Council for Interstate Compacts for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator for the Interstate |
| Compact for Adult Offender Supervision shall be appointed by the Governor. The Adult Offender Supervision Compact Administrator shall be a representative of the Illinois Department of Corrections and shall act as the day-to-day administrator for the Interstate Compact for Adult Offender Supervision. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Adult Offenders, as provided in Article IV of the Compact. The Adult Offender Supervision Compact Administrator shall serve as Chairperson of the State Council for Interstate Compacts, except that the State Compact Administrator for the Interstate Compact for Juveniles may be designated by the State Council to serve as Chairperson for the State Council when juvenile issues come before the council.
|
|
(2) A Deputy Compact Administrator from probation
|
| shall be appointed by the Supreme Court.
|
|
(3) A representative shall be appointed by the
|
| Speaker of the House of Representatives.
|
|
(4) A representative shall be appointed by the
|
| Minority Leader of the House of Representatives.
|
|
(5) A representative shall be appointed by the
|
|
(6) A representative shall be appointed by the
|
| Minority Leader of the Senate.
|
|
(7) A judicial representative shall be appointed by
|
|
(8) A representative from a crime victims' advocacy
|
| group shall be appointed by the Governor.
|
|
(9) A parole representative shall be appointed by the
|
|
(10) A probation representative shall be appointed by
|
| the Director of the Administrative Office of the Illinois Courts.
|
|
(11) A representative shall be appointed by the
|
| Director of Juvenile Justice.
|
|
(12) The Deputy Compact Administrator (Juvenile)
|
| appointed by the Secretary of Human Services.
|
|
(13) The State Compact Administrator of the
|
| Interstate Compact for Juveniles.
|
|
(14) The persons appointed under clauses (1) through
|
| (13) of this subsection (a) shall be voting members of the State Council. With the approval of the State Council, persons representing other organizations that may have an interest in the Compact may also be appointed to serve as non-voting members of the State Council by those interested organizations. Those organizations may include, but are not limited to, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police, the Illinois State's Attorneys Association, and the Office of Attorney General.
|
|
(b) Terms of appointment.
(1) The Compact Administrators and the Deputy
|
| Compact Administrators shall serve at the will of their respective appointing authorities.
|
|
(2) The crime victims' advocacy group representative
|
| and the judicial representative shall each serve an initial term of 2 years. Thereafter, they shall each serve for a term of 4 years.
|
|
(3) The representatives appointed by the Speaker of
|
| the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate shall each serve for a term of 4 years. If one of these representatives shall not be able to fulfill the completion of his or her term, then another representative shall be appointed by his or her respective appointing authority for the remainder of his or her term.
|
|
(4) The probation representative and the parole
|
| representative shall each serve a term of 2 years.
|
|
(5) The time frame limiting the initial term of
|
| appointments for voting representatives listed in clauses (2) through (4) of this subsection (b) shall not begin until more than 50% of the appointments have been made by the respective appointing authorities.
|
|
(c) Duties and responsibilities.
(1) The duties and responsibilities of the State
|
|
(A) To appoint the State Compact Administrator as
|
| Illinois' Commissioner on the Interstate Commission.
|
|
(B) To develop by-laws for the operation of the
|
|
(C) To establish policies and procedures for the
|
| Interstate Compact operations in Illinois.
|
|
(D) To monitor and remediate Compact compliance
|
|
(E) To promote system training and public
|
| awareness regarding the Compact's mission and mandates.
|
|
(F) To meet at least twice a year and otherwise
|
| as called by the Chairperson.
|
|
(G) To allow for the appointment of non-voting
|
| members as deemed appropriate.
|
|
(H) To issue rules in accordance with Article 5
|
| of the Illinois Administrative Procedure Act.
|
|
(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the Department of
Corrections to
support the operations of the State Council and its membership dues to the
Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties imposed pursuant to
Article
XII of the Compact shall be established by the State Council.
(f) Notification of ratification of Compact. The State Compact
Administrator
shall notify the Governor and Secretary of State when 35 States have enacted
the Compact.
(Source: P.A. 95-937, eff. 8-26-08.)
|
(730 ILCS 5/3-3-14) Sec. 3-3-14. Procedure for medical release. (a) Definitions. (1) As used in this Section, "medically |
| incapacitated" means that an inmate has any diagnosable medical condition, including dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing more than one activity of daily living without assistance or that incapacitates the inmate to the extent that institutional confinement does not offer additional restrictions, and that the condition is unlikely to improve noticeably in the future.
|
|
(2) As used in this Section, "terminal illness" means
|
| a condition that satisfies all of the following criteria:
|
|
(i) the condition is irreversible and incurable;
|
|
(ii) in accordance with medical standards and a
|
| reasonable degree of medical certainty, based on an individual assessment of the inmate, the condition is likely to cause death to the inmate within 18 months.
|
|
(b) The Prisoner Review Board shall consider an application for compassionate release on behalf of any inmate who meets any of the following:
(1) is suffering from a terminal illness; or
(2) has been diagnosed with a condition that will
|
| result in medical incapacity within the next 6 months; or
|
|
(3) has become medically incapacitated subsequent to
|
| sentencing due to illness or injury.
|
|
(c) Initial application.
(1) An initial application for medical release may be
|
| filed with the Prisoner Review Board by an inmate, a prison official, a medical professional who has treated or diagnosed the inmate, or an inmate's spouse, parent, guardian, grandparent, aunt or uncle, sibling, child over the age of eighteen years, or attorney. If the initial application is made by someone other than the inmate, the inmate, or if the inmate is medically unable to consent, the guardian or family member designated to represent the inmate's interests must consent to the application at the time of the institutional hearing.
|
|
(2) Application materials shall be maintained on the
|
| Prisoner Review Board's website and the Department of Corrections' website and maintained in a clearly visible place within the law library and the infirmary of every penal institution and facility operated by the Department of Corrections.
|
|
(3) The initial application need not be notarized,
|
| can be sent via email or facsimile, and must contain the following information:
|
|
(i) the inmate's name and Illinois Department of
|
|
(ii) the inmate's diagnosis;
(iii) a statement that the inmate meets one of
|
| the following diagnostic criteria:
|
|
(A) the inmate is suffering from a terminal
|
|
(B) the inmate has been diagnosed with a
|
| condition that will result in medical incapacity within the next 6 months; or
|
|
(C) the inmate has become medically
|
| incapacitated subsequent to sentencing due to illness or injury.
|
|
(4) Upon receiving the inmate's initial application,
|
| the Board shall order the Department of Corrections to have a physician or nurse practitioner evaluate the inmate and create a written evaluation within ten days of the Board's order. The evaluation shall include but need not be limited to:
|
|
(i) a concise statement of the inmate's medical
|
| diagnosis, including prognosis, likelihood of recovery, and primary symptoms, to include incapacitation; and
|
|
(ii) a statement confirming or denying that the
|
| inmate meets one of the criteria stated in subsection (b) of this Section.
|
|
(d) Institutional hearing. No public institutional hearing is required for consideration of a petition, but shall be granted at the request of the petitioner. The inmate may be represented by counsel and may present witnesses to the Board members. Hearings shall be governed by the Open Parole Hearings Act.
(e) Voting procedure. Petitions shall be considered by three-member panels, and decisions shall be made by simple majority.
(f) Consideration. In considering a petition for release under the statute, the Prisoner Review Board may consider the following factors:
(i) the inmate's diagnosis and likelihood of
|
|
(ii) the approximate cost of health care to the
|
| State should the inmate remain in custody;
|
|
(iii) the impact that the inmate's continued
|
| incarceration may have on the provision of medical care within the Department;
|
|
(iv) the present likelihood of and ability to
|
| pose a substantial danger to the physical safety of a specifically identifiable person or persons;
|
|
(v) any statements by the victim regarding
|
|
(vi) whether the inmate's condition was
|
| explicitly disclosed to the original sentencing judge and taken into account at the time of sentencing.
|
|
(g) Inmates granted medical release shall be released on mandatory supervised release for a period of 5 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years imposed upon him or her. However, in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as set forth in Section 5-4.5-20.
(h) Within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release.
(i) Nothing in this statute shall preclude a petitioner from seeking alternative forms of release, including clemency, relief from the sentencing court, post-conviction relief, or any other legal remedy.
(j) This act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois.
(k) Data report. The Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports the following information about the Medical Release Program:
(1) The number of applications for medical release
|
| received by the Board in the preceding year, and information about those applications, including:
|
|
(i) demographic data about the individual,
|
| including race or ethnicity, gender, age, and institution;
|
|
(ii) the highest class of offense for which the
|
| individual is incarcerated;
|
|
(iii) the relationship of the applicant to the
|
| person completing the application;
|
|
(iv) whether the applicant had applied for
|
| medical release before and been denied, and, if so, when;
|
|
(v) whether the person applied as a person who is
|
| medically incapacitated or a person who is terminally ill; and
|
|
(vi) a basic description of the underlying
|
| medical condition that led to the application.
|
|
(2) The number of medical statements from the
|
| Department of Corrections received by the Board.
|
|
(3) The number of institutional hearings on medical
|
| release applications conducted by the Board.
|
|
(4) The number of people approved for medical
|
| release, and information about them, including:
|
|
(i) demographic data about the individual
|
| including race or ethnicity, gender, age, and zip code to which they were released;
|
|
(ii) whether the person applied as a person who
|
| is medically incapacitated or a person who is terminally ill;
|
|
(iii) a basic description of the underlying
|
| medical condition that led to the application; and
|
|
(iv) a basic description of the medical setting
|
| the person was released to.
|
|
(5) The number of people released on the medical
|
|
(6) The number of people approved for medical release
|
| who experienced more than a one-month delay between release decision and ultimate release, including:
|
|
(i) demographic data about the individuals
|
| including race or ethnicity, gender and age;
|
|
(ii) the reason for the delay;
(iii) whether the person remains incarcerated; and
(iv) a basic description of the underlying
|
| medical condition of the applying person.
|
|
(7) For those individuals released on mandatory
|
| supervised release due to a granted application for medical release:
|
|
(i) the number of individuals who were serving
|
| terms of mandatory supervised release because of medical release applications during the previous year;
|
|
(ii) the number of individuals who had their
|
| mandatory supervised release revoked; and
|
|
(iii) the number of individuals who died during
|
|
(8) Information on seriously ill individuals
|
| incarcerated at the Department of Corrections, including:
|
|
(i) the number of people currently receiving
|
| full-time one-on-one medical care or assistance with activities of daily living within Department of Corrections facilities and whether that care is provided by a medical practitioner or an inmate, along with the institutions at which they are incarcerated; and
|
|
(ii) the number of people who spent more than one
|
| month in outside hospital care during the previous year and their home institutions.
|
|
All the information provided in this report shall be provided in aggregate, and nothing shall be
construed to require the public dissemination of any personal medical information.
(Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
(730 ILCS 5/3-5-1) Sec. 3-5-1. Master record file. (a) The Department of Corrections and the Department of Juvenile Justice shall maintain a master record file on each person committed to it, which shall contain the following information: (1) all information from the committing court; (1.5) ethnic and racial background data collected in |
| accordance with Section 4.5 of the Criminal Identification Act and Section 2-5 of the No Representation Without Population Act;
|
|
(1.6) the committed person's last known complete
|
| street address prior to incarceration or legal residence collected in accordance with Section 2-5 of the No Representation Without Population Act;
|
|
(2) reception summary;
(3) evaluation and assignment reports and
|
|
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
|
| disposition, including tickets and Administrative Review Board action;
|
|
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
|
|
(12) any grievances filed and responses to those
|
|
(13) other information that the respective Department
|
| determines is relevant to the secure confinement and rehabilitation of the committed person;
|
|
(14) the last known address provided by the person
|
|
(15) all medical and dental records.
(b) All files shall be confidential and access shall be limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena. Personnel of other correctional, welfare or law enforcement agencies may have access to files under rules and regulations of the respective Department. The respective Department shall keep a record of all outside personnel who have access to files, the files reviewed, any file material copied, and the purpose of access. If the respective Department or the Prisoner Review Board makes a determination under this Code which affects the length of the period of confinement or commitment, the committed person and his counsel shall be advised of factual information relied upon by the respective Department or Board to make the determination, provided that the Department or Board shall not be required to advise a person committed to the Department of Juvenile Justice any such information which in the opinion of the Department of Juvenile Justice or Board would be detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place convenient to its use by personnel of the respective Department in charge of the person. When custody of a person is transferred from the Department to another department or agency, a summary of the file shall be forwarded to the receiving agency with such other information required by law or requested by the agency under rules and regulations of the respective Department.
(d) The master file of a person no longer in the custody of the respective Department shall be placed on inactive status and its use shall be restricted subject to rules and regulations of the Department.
(e) All public agencies may make available to the respective Department on request any factual data not otherwise privileged as a matter of law in their possession in respect to individuals committed to the respective Department.
(f) A committed person may request a summary of the committed person's master record file once per year and the committed person's attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days. The summary must contain, unless otherwise prohibited by law:
(1) the person's name, ethnic, racial, last known
|
| street address prior to incarceration or legal residence, and other identifying information;
|
|
(2) all digitally available information from the
|
|
(3) all information in the Offender 360 system on the
|
| person's criminal history;
|
|
(4) the person's complete assignment history in the
|
| Department of Corrections;
|
|
(5) the person's disciplinary card;
(6) additional records about up to 3 specific
|
| disciplinary incidents as identified by the requester;
|
|
(7) any available records about up to 5 specific
|
| grievances filed by the person, as identified by the requester; and
|
|
(8) the records of all grievances filed on or after
|
|
Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act.
(g) Subject to appropriation, on or before July 1, 2025, the Department of Corrections shall digitalize all newly committed persons' master record files who become incarcerated and all other new information that the Department maintains concerning its correctional institutions, facilities, and individuals incarcerated.
(h) Subject to appropriation, on or before July 1, 2027, the Department of Corrections shall digitalize all medical and dental records in the master record files and all other information that the Department maintains concerning its correctional institutions and facilities in relation to medical records, dental records, and medical and dental needs of committed persons.
(i) Subject to appropriation, on or before July 1, 2029, the Department of Corrections shall digitalize all information in the master record files and all other information that the Department maintains concerning its correctional institutions and facilities.
(j) The Department of Corrections shall adopt rules to implement subsections (g), (h), and (i) if appropriations are available to implement these provisions.
(k) Subject to appropriation, the Department of Corrections, in consultation with the Department of Innovation and Technology, shall conduct a study on the best way to digitize all Department of Corrections records and the impact of that digitizing on State agencies, including the impact on the Department of Innovation and Technology. The study shall be completed on or before January 1, 2024.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff. 6-30-23; 103-605, eff. 7-1-24.)
|
(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
Sec. 3-5-3.1. Report to the General Assembly. (a) As used in this Section, "facility" includes any
facility of the Department of Corrections.
(b) The Department of Corrections shall, by
January 1st, April
1st, July 1st, and October 1st of each year, electronically transmit to the General
Assembly, a report which shall include the following information reflecting the period
ending 30 days prior to the submission of the report: (1) the number of residents in all Department |
| facilities indicating the number of residents in each listed facility;
|
|
(2) a classification of each facility's residents by
|
| the nature of the offense for which each resident was committed to the Department;
|
|
(3) the number of residents in maximum, medium, and
|
| minimum security facilities indicating the classification of each facility's residents by the nature of the offense for which each resident was committed to the Department;
|
|
(4) the educational and vocational programs provided
|
| at each facility and the number of residents participating in each such program;
|
|
(5) the present design and rated capacity levels in
|
|
(6) the projected design and rated capacity of each
|
| facility six months and one year following each reporting date;
|
|
(7) the ratio of the security staff to residents in
|
|
(8) the ratio of total employees to residents in each
|
|
(9) the number of residents in each facility that are
|
| single-celled and the number in each facility that are double-celled;
|
|
(10) information indicating the distribution of
|
| residents in each facility by the allocated floor space per resident;
|
|
(11) a status of all capital projects currently
|
| funded by the Department, location of each capital project, the projected on-line dates for each capital project, including phase-in dates and full occupancy dates;
|
|
(12) the projected adult prison facility populations
|
| of the Department for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimates;
|
|
(13) the projected exits and projected admissions in
|
| each facility for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimate;
|
|
(14) the locations of all Department-operated or
|
| contractually operated community correctional centers, including the present design and rated capacity and population levels at each facility;
|
|
(15) the number of reported assaults on employees at
|
|
(16) the number of reported incidents of resident
|
| sexual aggression towards employees at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive language; and
|
|
(17) the number of employee injuries resulting from
|
| resident violence at each facility including descriptions of the nature of the injuries, the number of injuries requiring medical treatment at the facility, the number of injuries requiring outside medical treatment, and the number of days off work per injury.
|
|
For purposes of this Section, the definition of assault on staff includes, but is not limited to, kicking, punching, knocking down, harming or threatening to harm with improvised weapons, or throwing urine or feces at staff.
The report shall also include the data collected under Section 3-2-12 of this Code in the manner required under that Section. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.
(c) A copy of the report required under this Section shall be posted to the Department's Internet website at the time the report is submitted to the General Assembly.
(d) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act.
(e) The Department shall:
(1) establish a reasonable procedure for employees
|
| to report work-related assaults and injuries. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace assault or injury;
|
|
(2) inform each employee:
(A) of the procedure for reporting work-related
|
|
(B) of the right to report work-related assaults
|
|
(C) that the Department is prohibited from
|
| discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and
|
|
(3) not discharge, discipline, or in any manner
|
| discriminate against any employee for reporting a work-related assault or injury.
|
|
(Source: P.A. 100-907, eff. 1-1-19; 100-1075, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) Sec. 3-6-2. Institutions and facility administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of
1987. This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3-8-5 or Section 3-10-5.
(d) The Department of Juvenile Justice shall provide educational programs for all
committed youth so that all youth have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department of Corrections who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department of Corrections and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department of Corrections, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree. The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department of Corrections under rules and regulations that
it shall establish for that purpose. However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department of Corrections until paid.
(d-5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d-5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is |
| required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and
|
|
(2) that the person is not capable of giving consent
|
| to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.
|
|
(e-5) If a physician providing medical care to a committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. Neither the Department of Corrections nor the Department of Juvenile Justice may require a committed person or person committed to any facility operated by the Department of Juvenile Justice, as set
forth in Section 3-2.5-15 of this Code, to pay any co-payment for receiving medical or dental services.
(f-5) The Department shall comply with the Health Care Violence Prevention Act.
(g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
|
| separately or together, preceding the inmate's release; and
|
|
(6) a prerelease reunification staffing involving the
|
| family advocate, the inmate and the child's counselor, or both and the inmate.
|
|
(i) (Blank).
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections. The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Juvenile Justice
for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a facility of the Department or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information verbally, in writing, by video, or other electronic means, concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (d) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
(m) The chief administrative officer of each institution or facility of the Department shall make a room in the institution or facility available for substance use disorder services to be provided to committed persons on a voluntary basis. The services shall be provided for one hour once a week at a time specified by the chief administrative officer of the institution or facility if the following conditions are met:
(1) the substance use disorder service contacts the
|
| chief administrative officer to arrange the meeting;
|
|
(2) the committed person may attend the meeting for
|
| substance use disorder services only if the committed person uses pre-existing free time already available to the committed person;
|
|
(3) all disciplinary and other rules of the
|
| institution or facility remain in effect;
|
|
(4) the committed person is not given any additional
|
| privileges to attend substance use disorder services;
|
|
(5) if the substance use disorder service does not
|
| arrange for scheduling a meeting for that week, no substance use disorder services shall be provided to the committed person in the institution or facility for that week;
|
|
(6) the number of committed persons who may attend a
|
| substance use disorder meeting shall not exceed 40 during any session held at the correctional institution or facility;
|
|
(7) a volunteer seeking to provide substance use
|
| disorder services under this subsection (m) must submit an application to the Department of Corrections under existing Department rules and the Department must review the application within 60 days after submission of the application to the Department; and
|
|
(8) each institution and facility of the Department
|
| shall manage the substance use disorder services program according to its own processes and procedures.
|
|
For the purposes of this subsection (m), "substance use disorder services" means recovery services for persons with substance use disorders provided by volunteers of recovery support services recognized by the Department of Human Services.
(Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20; 102-350, eff. 8-13-21.)
|
(730 ILCS 5/3-6-3) Sec. 3-6-3. Rules and regulations for sentence credit. (a)(1) The Department of Corrections shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall be subject to review by the Prisoner Review Board. (1.5) As otherwise provided by law, sentence credit may be awarded for the following: (A) successful completion of programming while in |
| custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;
|
|
(B) compliance with the rules and regulations of the
|
|
(C) service to the institution, service to a
|
| community, or service to the State.
|
|
(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with respect to offense listed in clause (vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or with respect to the offense of unlawful possession of a firearm by a repeat felony offender committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
|
| imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;
|
|
(ii) that a prisoner serving a sentence for attempt
|
| to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, unlawful possession of a firearm by a repeat felony offender, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
|
|
(iii) that a prisoner serving a sentence for home
|
| invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
|
|
(iv) that a prisoner serving a sentence for
|
| aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
|
|
(v) that a person serving a sentence for gunrunning,
|
| narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;
|
|
(vi) that a prisoner serving a sentence for a second
|
| or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and
|
|
(vii) that a prisoner serving a sentence for
|
| aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
|
|
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9. Each day of sentence credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit under this paragraph (3) may be selected to receive the credit at either Director's or his or her designee's sole discretion. Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.
The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence, including time served in a county jail; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to
|
| 60 days as the sentence will allow;
|
|
(B-1) has received a risk/needs assessment or other
|
| relevant evaluation or assessment administered by the Department using a validated instrument; and
|
|
(C) has met the eligibility criteria established by
|
| rule for earned sentence credit.
|
|
The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.
(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
|
|
(B) the average amount of earned sentence credit
|
|
(C) the holding offenses of inmates awarded earned
|
|
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph. The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail. Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the
|
| inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or
|
|
(ii) the inmate's own testimony in the form of an
|
| affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.
|
|
(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).
(E) The rules and regulations shall provide for the recalculation of program credits awarded pursuant to this paragraph (4) prior to July 1, 2021 (the effective date of Public Act 101-652) at the rate set for such credits on and after July 1, 2021.
Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs under which sentence credit may be earned under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants.
Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma. If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections. If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections. If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
(4.2)(A) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.
(B) The rules and regulations shall provide for the award of sentence credit under this paragraph (4.2) for qualifying days of engagement in eligible activities occurring prior to July 1, 2021 (the effective date of Public Act 101-652).
(4.5) The rules and regulations on sentence credit shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program. The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department. The Director may allow a prisoner placed on a waiting list to participate in and complete a substance abuse education class or attend substance abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
|
| required to serve 85% of his or her sentence; or
|
|
(ii) 60% of his or her sentence if the prisoner is
|
| required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.
|
|
(iii) 100% of his or her sentence if the prisoner is
|
| required to serve 100% of his or her sentence.
|
|
(5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and regulations for revoking sentence credit, including revoking sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing the rate of accumulation of sentence credit for specific rule violations, during imprisonment. These rules and regulations shall provide that no inmate may be penalized more than one year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce the rate of accumulation of any sentence credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of sentence credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In those cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department.
(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may restore sentence credits which have been revoked, suspended, or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of sentence credit by bringing charges against the prisoner sought to be deprived of the sentence credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code. If the prisoner has not accumulated 180 days of sentence credit at the time of the finding, then the Prisoner Review Board may revoke all sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
|
| other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
|
|
(A) it lacks an arguable basis either in law or
|
|
(B) it is being presented for any improper
|
| purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
|
|
(C) the claims, defenses, and other legal
|
| contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
|
|
(D) the allegations and other factual contentions
|
| do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
|
|
(E) the denials of factual contentions are not
|
| warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
|
|
(2) "Lawsuit" means a motion pursuant to Section
|
| 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
|
|
(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605, eff. 7-1-24; 103-822, eff. 1-1-25.)
|
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) Sec. 3-7-2. Facilities. (a) All institutions and facilities of the Department shall provide every committed person with access to toilet facilities, barber facilities, bathing facilities at least once each week, a library of legal materials and published materials including newspapers and magazines approved by the Director. A committed person may not receive any materials that the Director deems pornographic. (b) (Blank). (c) All institutions and facilities of the Department shall provide facilities for every committed person to leave his cell for at least one hour each day unless the chief administrative officer determines that it would be harmful or dangerous to the security or safety of the institution or facility. (d) All institutions and facilities of the Department shall provide every committed person with a wholesome and nutritional diet at regularly scheduled hours, drinking water, clothing adequate for the season, including underwear, bedding, soap and towels and medical and dental care. Underwear provided to each committed person in all institutions and facilities of the Department shall be free of charge and shall be provided at any time upon request, including multiple requests, of the committed person or as needed by the committed person. (e) All institutions and facilities of the Department shall permit every committed person to send and receive an unlimited number of uncensored letters, provided, however, that the Director may order that mail be inspected and read for reasons of the security, safety or morale of the institution or facility. (f) All of the institutions and facilities of the Department shall permit every committed person to receive in-person visitors and video contact, if available, except in case of abuse of the visiting privilege or when the chief administrative officer determines that such visiting would be harmful or dangerous to the security, safety or morale of the institution or facility. Each committed person is entitled to 7 visits per month. Every committed person may submit a list of at least 30 persons to the Department that are authorized to visit the committed person. The list shall be kept in an electronic format by the Department beginning on August 1, 2019, as well as available in paper form for Department employees. The chief administrative officer shall have the right to restrict visitation to non-contact visits, video, or other forms of non-contact visits for reasons of safety, security, and order, including, but not limited to, restricting contact visits for committed persons engaged in gang activity. No committed person in a super maximum security facility or on disciplinary segregation is allowed contact visits. Any committed person found in possession of illegal drugs or who fails a drug test shall not be permitted contact visits for a period of at least 6 months. Any committed person involved in gang activities or found guilty of assault committed against a Department employee shall not be permitted contact visits for a period of at least 6 months. The Department shall offer every visitor appropriate written information concerning HIV and AIDS, including information concerning how to contact the Illinois Department of Public Health for counseling information. The Department shall develop the written materials in consultation with the Department of Public Health. The Department shall ensure that all such information and materials are culturally sensitive and reflect cultural diversity as appropriate. Implementation of the changes made to this Section by Public Act 94-629 is subject to appropriation. The Department shall seek the lowest possible cost to provide video calling and shall charge to the extent of recovering any demonstrated costs of providing video calling. The Department shall not make a commission or profit from video calling services. Nothing in this Section shall be construed to permit video calling instead of in-person visitation. (f-5) (Blank). (f-10) The Department may not restrict or limit in-person visits to committed persons due to the availability of interactive video conferences. (f-15)(1) The Department shall issue a standard written policy for each institution and facility of the Department that provides for: (A) the number of in-person visits each committed |
| person is entitled to per week and per month including the requirements of subsection (f) of this Section;
|
|
(B) the hours of in-person visits;
(C) the type of identification required for visitors
|
| at least 18 years of age; and
|
|
(D) the type of identification, if any, required for
|
| visitors under 18 years of age.
|
|
(2) This policy shall be posted on the Department website and at each facility.
(3) The Department shall post on its website daily any restrictions or denials of visitation for that day and the succeeding 5 calendar days, including those based on a lockdown of the facility, to inform family members and other visitors.
(g) All institutions and facilities of the Department shall permit religious ministrations and sacraments to be available to every committed person, but attendance at religious services shall not be required. This subsection (g) is subject to the provisions of the Faith Behind Bars Act.
(h) Within 90 days after December 31, 1996, the Department shall prohibit the use of curtains, cell-coverings, or any other matter or object that obstructs or otherwise impairs the line of vision into a committed person's cell.
(i) A point of contact person appointed under subsection (u-6) of Section 3-2-2 of this Code shall promptly and efficiently review suggestions, complaints, and other requests made by visitors to institutions and facilities of the Department and by other members of the public. Based on the nature of the submission, the point of contact person shall communicate with the appropriate division of the Department, disseminate the concern or complaint, and act as liaison between the parties to reach a resolution.
(1) The point of contact person shall maintain
|
| information about the subject matter of each correspondence, including, but not limited to, information about the following subjects:
|
|
(A) the parties making the submission;
(B) any commissary-related concerns;
(C) any concerns about the institution or
|
| facility's COVID protocols and mitigations;
|
|
(D) any concerns about mail, video, or electronic
|
| messages or other communications with incarcerated persons;
|
|
(E) any concerns about the institution or
|
|
(F) any discipline-related concerns;
(G) any concerns about earned sentencing credits;
(H) any concerns about educational opportunities
|
| for incarcerated persons;
|
|
(I) any concerns about health-related matters;
(J) any mental health concerns;
(K) any concerns about personal property;
(L) any concerns about the records of the
|
|
(M) any concerns about recreational opportunities
|
| for incarcerated persons;
|
|
(N) any staffing-related concerns;
(O) any concerns about the transfer of
|
|
(P) any concerns about visitation; and
(Q) any concerns about work opportunities for
|
|
The information shall be maintained in accordance
|
| with standards set by the Department of Corrections, and shall be made available to the Department's Planning and Research Division. The point of contact person shall provide a summary of the results of the review, including any resolution or recommendations made as a result of correspondence with the Planning and Research Division of the Department.
|
|
(2) The Department shall provide an annual written
|
| report to the General Assembly and the Governor, with the first report due no later than January 1, 2023, and publish the report on its website within 48 hours after the report is transmitted to the Governor and the General Assembly. The report shall include a summary of activities undertaken and completed as a result of submissions to the point of contact person. The Department of Corrections shall collect and report the following aggregated and disaggregated data for each institution and facility and describe:
|
|
(A) the work of the point of contact person;
(B) the general nature of suggestions,
|
| complaints, and other requests submitted to the point of contact person;
|
|
(C) the volume of emails, calls, letters, and
|
| other correspondence received by the point of contact person;
|
|
(D) the resolutions reached or recommendations
|
| made as a result of the point of contact person's review;
|
|
(E) whether, if an investigation is recommended,
|
| a report of the complaint was forwarded to the Chief Inspector of the Department or other Department employee, and the resolution of the complaint, and if the investigation has not concluded, a detailed status report on the complaint; and
|
|
(F) any recommendations that the point of contact
|
| person has relating to systemic issues in the Department of Corrections, and any other matters for consideration by the General Assembly and the Governor.
|
|
The name, address, or other personally identifiable
|
| information of a person who files a complaint, suggestion, or other request with the point of contact person, and confidential records shall be redacted from the annual report and are not subject to disclosure under the Freedom of Information Act. The Department shall disclose the records only if required by a court order on a showing of good cause.
|
|
(3) The Department must post in a conspicuous place
|
| in the waiting area of every facility or institution a sign that contains in bold, black type the following:
|
|
(A) a short statement notifying visitors of the
|
| point of contact person and that person's duty to receive suggestions, complaints, or other requests; and
|
|
(B) information on how to submit suggestions,
|
| complaints, or other requests to the point of contact person.
|
|
(j) Menstrual hygiene products shall be available, as needed, free of charge, at all institutions and facilities of the Department for all committed persons who menstruate. In this subsection (j), "menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.
(Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23; 103-154, eff. 6-30-23; 103-331, eff. 1-1-24.)
|
(730 ILCS 5/3-8-9) (from Ch. 38, par. 1003-8-9)
Sec. 3-8-9.
Agreement on Detainers.
(a) The Agreement on
Detainers is hereby enacted into law and
entered into by this State with all other jurisdictions legally joining
therein in the form substantially as follows:
ARTICLE I
The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints, and
difficulties in securing speedy trial of persons already incarcerated in
other jurisdictions, produce uncertainties which obstruct programs of
prisoner treatment and rehabilitation. Accordingly, it is the policy of the
party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper
status of any and all detainers based on untried indictments, informations
or complaints. The party states also find that proceedings with reference
to such charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It is the
further purpose of this agreement to provide such cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the United States
of America; a territory or possession of the United States; the District of
Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final disposition
pursuant to Article III hereof or at the time that a request for custody or
availability is initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had
on an indictment, information or complaint pursuant to Article III or
Article IV hereof.
ARTICLE III
(a) Whenever a person has entered upon a term of imprisonment in a penal
or correctional institution of a party state, and whenever during the
continuance of the term of imprisonment there is pending in any other party
state any untried indictment, information or complaint on the basis of
which a detainer has been lodged against the prisoner, he shall be
brought to trial within 180 days after he shall have caused to
be delivered to the
prosecuting officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment, information
or complaint: provided that for a good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of the
matter may grant any necessary or reasonable continuance. The request of
the prisoner shall be accompanied by a certificate of the appropriate
official having custody of the prisoner, stating the term of commitment
under which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time earned,
the time of parole eligibility of the prisoner, and any decisions of the
state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in
paragraph (a) hereof shall be given or sent by the prisoner to the warden,
commissioner of corrections or other official having custody of him, who
shall promptly forward it together with the certificate to the appropriate
prosecuting official and court by registered or certified mail, return
receipt requested.
(c) The warden, commissioner of corrections or other official having
custody of the prisoner shall promptly inform him of the source and
contents of any detainer lodged against him and shall also inform him of
his right to make a request for final disposition of the indictment,
information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall operate as a request for final disposition of
all untried indictments, informations or complaints on the basis of which
detainers have been lodged against the prisoner from the state to whose
prosecuting official the request for final disposition is specifically
directed. The warden, commissioner of corrections or other official having
custody of the prisoner shall forthwith notify all appropriate prosecuting
officers and courts in the several jurisdictions within the state to which
the prisoner's request for final disposition is being sent of the
proceeding being initiated by the prisoner. Any notification sent pursuant
to this paragraph shall be accompanied by copies of the prisoner's written
notice, request, and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further force or
effect, and the court shall enter an order dismissing the same with
prejudice.
(e) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall also be deemed to be a waiver of extradition
with respect to any charge or proceeding contemplated thereby or included
therein by reason of paragraph (d) hereof, and a waiver of extradition to
the receiving state to serve any sentence there imposed upon him, after
completion of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the prisoner to
the production of his body in any court where his presence may be
required in order to effectuate the purposes of this agreement and a further
consent voluntarily to be returned to the original place of imprisonment in
accordance with the provisions of this agreement. Nothing in this paragraph
shall prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of
the request for final disposition referred to in paragraph (a) hereof shall
void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to have a
prisoner against whom he has lodged a detainer and who is serving a term
of imprisonment in any party state made available in accordance with
Article V (a) hereof upon presentation of a written request for
temporary custody or
availability to the appropriate authorities of the state in which the
prisoner is incarcerated: provided that the court having jurisdiction of
such indictment, information or complaint shall have duly approved,
recorded and transmitted the request: and provided further that there shall
be a period of 30 days after receipt by the appropriate authorities before
the request be honored, within which period the governor of the sending
state may disapprove the request for temporary custody or availability,
either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner in
custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already served,
the time remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decisions
of the state parole agency relating to the prisoner. Said authorities
simultaneously shall furnish all other officers and appropriate courts in
the receiving state who have lodged detainers against the prisoner with
similar certificates and with notices informing them of the request for
custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article, trial
shall be commenced within 120 days of the arrival of the prisoner in the
receiving state, but for good cause shown in open court, the prisoner or
his counsel being present, the court having jurisdiction of the matter
may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive any
prisoner of any right which he may have to contest the legality of his
delivery as provided in paragraph (a) hereof, but such delivery may not be
opposed or denied on the ground that the executive authority of the sending
state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner's being returned to the original
place of imprisonment pursuant to Article V (e) hereof, such indictment,
information or complaint shall not be of any further force or effect, and
the court shall enter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to deliver
temporary custody of such prisoner to the appropriate authority in the
state where such indictment, information or complaint is pending against
such person in order that speedy and efficient prosecution may be had. If
the request for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for in
Article III of this agreement. In the case of a federal prisoner, the
appropriate authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence in
federal custody at the place for trial, whichever custodial arrangement
may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of
temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the
state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on
the basis of which the detainer has been lodged and on the basis of which
the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on the
indictment, information or complaint on the basis of which the detainer has
been lodged is not brought to trial within the period provided in Article
III or Article IV hereof, the appropriate court of the jurisdiction where
the indictment, information or complaint has been pending shall enter an
order dismissing the same with prejudice, and any detainer based thereon
shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only
for the purpose of permitting prosecution on the charge or charges
contained in one or more untried indictments, informations or complaints
which form the basis of the detainer or detainers or for prosecution on
any other charge or charges arising out of the same transaction. Except for
his attendance at court and while being transported to or from any place at
which his presence may be required, the prisoner shall be held in a
suitable jail or other facility regularly used for persons awaiting
prosecution.
(e) At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement,
time being served on the sentence shall continue to run but good time shall
be earned by the prisoner only if, and to the extent that, the law and
practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as
provided in this agreement is exercised, the prisoner shall be deemed to
remain in the custody of and subject to the jurisdiction of the sending
state and any escape from the temporary custody may be dealt with in the
same manner as an escape from the original place of imprisonment or in any
other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the territory
and custody of the sending state, the state in which the one or more
untried indictments, informations or complaints are pending or in which
trial is being had shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement providing for
a different allocation of costs and responsibilities as between or among
themselves. Nothing herein contained shall be construed to alter or affect
any internal relationship among the departments, agencies and officers of
and in the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of the time periods
provided in Articles III and IV of this agreement, the running of said time
periods shall be tolled whenever and for as long as the prisoner is unable
to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms and
provisions of this agreement, and who shall provide, within and without the
state, information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to a party
state when such state has enacted the same into law. A state party to this
agreement may withdraw herefrom by enacting a statute repealing the same.
However, the withdrawal of any state shall not affect the status of any
proceedings already initiated by inmates or by state officers at the time
such withdrawal takes effect, nor shall it affect their rights in respect
thereof.
ARTICLE IX
This agreement shall be liberally construed so as to effectuate its
purposes. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this agreement and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this agreement shall be held contrary to
the constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) "Appropriate court" as used in this Section with reference to the
courts of this State means circuit courts.
(c) All courts, departments, agencies, officers and employees of this
State and its political subdivisions are hereby directed to enforce the
Agreement on Detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its purpose.
(d) Section 3-6-4 shall apply to offenders while in the custody of
another state under this Section.
(e) It shall be lawful and mandatory upon the chief administrative
officer or other official in charge of a penal or correctional institution
in this State to give over the person of any inmate thereof whenever so
required by the operation of the Agreement on Detainers.
(f) The Director of the Department of Corrections shall be the officer
designated under Article VII of the Agreement on Detainers.
(g) Copies of this act shall, upon its approval, be transmitted to the
governor of each state, the attorney general and the administrator of
general services of the United States, and the council of State Governments.
(Source: P.A. 77-2097.)
|