State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB4116 Enrolled                                LRB9214685RCcd

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Unified Code of Corrections  is  amended
 5    by changing Section 3-2-2 as follows:

 6        (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
 7        Sec. 3-2-2.  Powers and Duties of the Department.
 8        (1)  In    addition    to    the   powers,   duties   and
 9    responsibilities which are otherwise  provided  by  law,  the
10    Department shall have the following powers:
11             (a)  To accept persons committed to it by the courts
12        of   this   State   for   care,  custody,  treatment  and
13        rehabilitation.
14             (b)  To   develop   and   maintain   reception   and
15        evaluation units for purposes of  analyzing  the  custody
16        and  rehabilitation  needs of persons committed to it and
17        to assign such persons to institutions and programs under
18        its  control  or  transfer  them  to  other   appropriate
19        agencies.    In   consultation  with  the  Department  of
20        Alcoholism and Substance Abuse  (now  the  Department  of
21        Human  Services),  the  Department  of  Corrections shall
22        develop a master plan for the screening and evaluation of
23        persons committed to its custody who have alcohol or drug
24        abuse problems,  and  for  making  appropriate  treatment
25        available to such persons; the Department shall report to
26        the General Assembly on such plan not later than April 1,
27        1987.   The  maintenance  and implementation of such plan
28        shall be contingent upon the availability of funds.
29             (b-1)  To create and implement, on January 1,  2002,
30        a   pilot  program  to  establish  the  effectiveness  of
31        pupillometer technology (the measurement of  the  pupil's
HB4116 Enrolled             -2-                LRB9214685RCcd
 1        reaction  to light) as an alternative to a urine test for
 2        purposes of screening and evaluating persons committed to
 3        its custody who have alcohol or drug problems. The  pilot
 4        program  shall  require the pupillometer technology to be
 5        used in at least one Department of Corrections  facility.
 6        The  Director  may expand the pilot program to include an
 7        additional facility or facilities  as  he  or  she  deems
 8        appropriate.  A  minimum of 4,000 tests shall be included
 9        in the pilot program. The Department must report  to  the
10        General  Assembly  on the effectiveness of the program by
11        January 1, 2003.
12             (b-5)  To  develop,   in   consultation   with   the
13        Department  of  State  Police, a program for tracking and
14        evaluating each inmate from  commitment  through  release
15        for  recording  his or her gang affiliations, activities,
16        or ranks.
17             (c)  To   maintain   and   administer   all    State
18        correctional   institutions   and  facilities  under  its
19        control and to establish new ones as needed.  Pursuant to
20        its power to establish new institutions  and  facilities,
21        the  Department  may,  with  the  written approval of the
22        Governor, authorize the Department of Central  Management
23        Services to enter into an agreement of the type described
24        in subsection (d) of Section 405-300 of the Department of
25        Central  Management  Services  Law (20 ILCS 405/405-300).
26        The Department shall designate those  institutions  which
27        shall constitute the State Penitentiary System.
28             Pursuant  to its power to establish new institutions
29        and  facilities,  the  Department   may   authorize   the
30        Department  of Central Management Services to accept bids
31        from counties and municipalities  for  the  construction,
32        remodeling  or  conversion of a structure to be leased to
33        the Department of Corrections for  the  purposes  of  its
34        serving  as a correctional institution or facility.  Such
HB4116 Enrolled             -3-                LRB9214685RCcd
 1        construction, remodeling or conversion  may  be  financed
 2        with  revenue  bonds  issued  pursuant  to the Industrial
 3        Building Revenue Bond Act by the municipality or  county.
 4        The  lease  specified in a bid shall be for a term of not
 5        less than the time needed to  retire  any  revenue  bonds
 6        used  to finance the project, but not to exceed 40 years.
 7        The lease may grant to the State the option  to  purchase
 8        the structure outright.
 9             Upon receipt of the bids, the Department may certify
10        one or more of the bids and shall submit any such bids to
11        the General Assembly for approval. Upon approval of a bid
12        by  a  constitutional  majority  of  both  houses  of the
13        General  Assembly,  pursuant  to  joint  resolution,  the
14        Department of Central Management Services may enter  into
15        an  agreement with the county or municipality pursuant to
16        such bid.
17             (c-5)  To  build  and  maintain  regional   juvenile
18        detention  centers  and  to  charge  a  per  diem  to the
19        counties as established by the Department to  defray  the
20        costs  of  housing  each  minor  in  a  center.   In this
21        subsection (c-5), "juvenile  detention  center"  means  a
22        facility  to  house  minors  during pendency of trial who
23        have been transferred from proceedings under the Juvenile
24        Court Act of 1987 to prosecutions under the criminal laws
25        of this State in accordance with  Section  5-805  of  the
26        Juvenile  Court  Act of 1987, whether the transfer was by
27        operation of law or permissive under that  Section.   The
28        Department  shall  designate the counties to be served by
29        each regional juvenile detention center.
30             (d)  To develop and maintain  programs  of  control,
31        rehabilitation and employment of committed persons within
32        its institutions.
33             (e)  To   establish  a  system  of  supervision  and
34        guidance of committed persons in the community.
HB4116 Enrolled             -4-                LRB9214685RCcd
 1             (f)  To establish in cooperation with the Department
 2        of  Transportation  to  supply  a  sufficient  number  of
 3        prisoners for use by the Department of Transportation  to
 4        clean  up  the  trash  and  garbage  along State, county,
 5        township, or municipal  highways  as  designated  by  the
 6        Department   of   Transportation.    The   Department  of
 7        Corrections,  at  the  request  of  the   Department   of
 8        Transportation,  shall  furnish  such  prisoners at least
 9        annually for a period  to  be  agreed  upon  between  the
10        Director    of    Corrections   and   the   Director   of
11        Transportation.  The prisoners used on this program shall
12        be selected by the Director of  Corrections  on  whatever
13        basis  he  deems  proper  in consideration of their term,
14        behavior and earned eligibility to  participate  in  such
15        program  -  where  they  will  be  outside  of the prison
16        facility but still in the custody of  the  Department  of
17        Corrections.  Prisoners convicted of first degree murder,
18        or  a  Class  X  felony, or armed violence, or aggravated
19        kidnapping,   or  criminal  sexual  assault,   aggravated
20        criminal  sexual  abuse  or  a  subsequent conviction for
21        criminal sexual abuse, or forcible detention,  or  arson,
22        or  a  prisoner adjudged a Habitual Criminal shall not be
23        eligible for selection to participate  in  such  program.
24        The prisoners shall remain as prisoners in the custody of
25        the  Department  of Corrections and such Department shall
26        furnish whatever security is necessary. The Department of
27        Transportation shall furnish trucks and equipment for the
28        highway cleanup program and personnel  to  supervise  and
29        direct the program. Neither the Department of Corrections
30        nor  the  Department  of Transportation shall replace any
31        regular employee with a prisoner.
32             (g)  To maintain records of persons committed to  it
33        and  to  establish  programs  of research, statistics and
34        planning.
HB4116 Enrolled             -5-                LRB9214685RCcd
 1             (h)  To investigate the  grievances  of  any  person
 2        committed  to the Department, to inquire into any alleged
 3        misconduct by employees  or  committed  persons,  and  to
 4        investigate  the assets of committed persons to implement
 5        Section 3-7-6 of this Code; and for these purposes it may
 6        issue subpoenas and compel the  attendance  of  witnesses
 7        and  the  production  of  writings  and  papers,  and may
 8        examine under oath any witnesses who  may  appear  before
 9        it; to also investigate alleged violations of a parolee's
10        or  releasee's  conditions  of parole or release; and for
11        this purpose  it  may  issue  subpoenas  and  compel  the
12        attendance  of  witnesses and the production of documents
13        only if there is reason to believe that  such  procedures
14        would   provide   evidence   that  such  violations  have
15        occurred.
16             If any person fails to obey a subpoena issued  under
17        this  subsection,  the  Director may apply to any circuit
18        court  to  secure  compliance  with  the  subpoena.   The
19        failure to comply with the order of the court  issued  in
20        response  thereto  shall  be  punishable  as  contempt of
21        court.
22             (i)  To appoint and remove the chief  administrative
23        officers,   and   administer  programs  of  training  and
24        development of personnel  of  the  Department.  Personnel
25        assigned  by  the  Department  to  be responsible for the
26        custody  and  control  of   committed   persons   or   to
27        investigate  the  alleged misconduct of committed persons
28        or employees or alleged  violations  of  a  parolee's  or
29        releasee's  conditions of parole shall be conservators of
30        the peace for those purposes, and  shall  have  the  full
31        power  of peace officers outside of the facilities of the
32        Department  in  the  protection,  arrest,  retaking   and
33        reconfining of committed persons or where the exercise of
34        such  power  is  necessary  to  the investigation of such
HB4116 Enrolled             -6-                LRB9214685RCcd
 1        misconduct or violations.
 2             (j)  To  cooperate  with   other   departments   and
 3        agencies  and  with local communities for the development
 4        of  standards  and  programs  for   better   correctional
 5        services in this State.
 6             (k)  To  administer all moneys and properties of the
 7        Department.
 8             (l)  To report  annually  to  the  Governor  on  the
 9        committed  persons,  institutions  and  programs  of  the
10        Department.
11             (l-5)  In   a  confidential  annual  report  to  the
12        Governor, the Department shall identify all inmate  gangs
13        by  specifying  each  current gang's name, population and
14        allied gangs.  The Department shall further  specify  the
15        number  of  top  leaders identified by the Department for
16        each gang during the past year, and the measures taken by
17        the Department to segregate each leader from his  or  her
18        gang  and  allied  gangs.   The  Department shall further
19        report the  current  status  of  leaders  identified  and
20        segregated  in  previous years.  All leaders described in
21        the report shall be identified by inmate number or  other
22        designation    to    enable   tracking,   auditing,   and
23        verification without revealing the names of the  leaders.
24        Because this report contains law enforcement intelligence
25        information  collected  by  the Department, the report is
26        confidential and not subject to public disclosure.
27             (m)  To make all rules and regulations and  exercise
28        all powers and duties vested by law in the Department.
29             (n)  To   establish   rules   and   regulations  for
30        administering  a  system   of   good   conduct   credits,
31        established  in accordance with Section 3-6-3, subject to
32        review by the Prisoner Review Board.
33             (o)  To administer the distribution  of  funds  from
34        the  State  Treasury  to  reimburse  counties where State
HB4116 Enrolled             -7-                LRB9214685RCcd
 1        penal  institutions  are  located  for  the  payment   of
 2        assistant   state's  attorneys'  salaries  under  Section
 3        4-2001 of the Counties Code.
 4             (p)  To exchange information with the Department  of
 5        Human  Services and the Illinois Department of Public Aid
 6        for the purpose of verifying living arrangements and  for
 7        other purposes directly connected with the administration
 8        of this Code and the Illinois Public Aid Code.
 9             (q)  To establish a diversion program.
10             The  program  shall provide a structured environment
11        for selected technical  parole  or  mandatory  supervised
12        release violators and committed persons who have violated
13        the  rules governing their conduct while in work release.
14        This program shall not apply to those  persons  who  have
15        committed  a  new  offense  while  serving  on  parole or
16        mandatory supervised release or while committed  to  work
17        release.
18             Elements of the program shall include, but shall not
19        be limited to, the following:
20                  (1)  The  staff  of  a diversion facility shall
21             provide  supervision  in  accordance  with  required
22             objectives set by the facility.
23                  (2)  Participants shall be required to maintain
24             employment.
25                  (3)  Each participant shall pay  for  room  and
26             board  at  the  facility  on  a  sliding-scale basis
27             according to the participant's income.
28                  (4)  Each participant shall:
29                       (A)  provide  restitution  to  victims  in
30                  accordance with any court order;
31                       (B)  provide  financial  support  to   his
32                  dependents; and
33                       (C)  make  appropriate payments toward any
34                  other court-ordered obligations.
HB4116 Enrolled             -8-                LRB9214685RCcd
 1                  (5)  Each participant shall complete  community
 2             service in addition to employment.
 3                  (6)  Participants   shall  take  part  in  such
 4             counseling, educational and other  programs  as  the
 5             Department may deem appropriate.
 6                  (7)  Participants  shall  submit  to  drug  and
 7             alcohol screening.
 8                  (8)  The   Department  shall  promulgate  rules
 9             governing the administration of the program.
10             (r)  To  enter  into  intergovernmental  cooperation
11        agreements under which persons  in  the  custody  of  the
12        Department   may   participate   in   a   county   impact
13        incarceration program established under Section 3-6038 or
14        3-15003.5 of the Counties Code.
15             (r-5)  To  enter  into intergovernmental cooperation
16        agreements under which minors adjudicated delinquent  and
17        committed  to  the  Department  of  Corrections, Juvenile
18        Division, may participate in  a  county  juvenile  impact
19        incarceration program established under Section 3-6039 of
20        the Counties Code.
21             (r-10)  To  systematically  and  routinely  identify
22        with   respect  to  each  streetgang  active  within  the
23        correctional system: (1)  each  active  gang;  (2)  every
24        existing  inter-gang affiliation or alliance; and (3) the
25        current leaders  in  each  gang.   The  Department  shall
26        promptly  segregate  leaders  from  inmates who belong to
27        their gangs  and  allied  gangs.   "Segregate"  means  no
28        physical  contact  and,  to the extent possible under the
29        conditions  and  space  available  at  the   correctional
30        facility,  prohibition of visual and sound communication.
31        For the purposes  of  this  paragraph  (r-10),  "leaders"
32        means persons who:
33                  (i)  are members of a criminal streetgang;
34                  (ii)  with  respect to other individuals within
HB4116 Enrolled             -9-                LRB9214685RCcd
 1             the streetgang,  occupy  a  position  of  organizer,
 2             supervisor,  or  other  position  of  management  or
 3             leadership; and
 4                  (iii)  are  actively  and personally engaged in
 5             directing,  ordering,  authorizing,  or   requesting
 6             commission  of  criminal  acts  by others, which are
 7             punishable as a felony, in furtherance of streetgang
 8             related activity both  within  and  outside  of  the
 9             Department of Corrections.
10        "Streetgang",  "gang",  and "streetgang related" have the
11        meanings ascribed to them in Section 10 of  the  Illinois
12        Streetgang Terrorism Omnibus Prevention Act.
13             (s)  To    operate    a    super-maximum    security
14        institution, in order to manage and supervise inmates who
15        are  disruptive  or  dangerous and provide for the safety
16        and security of the staff and the other inmates.
17             (t)  To monitor any unprivileged conversation or any
18        unprivileged communication,  whether  in  person  or   by
19        mail,  telephone,  or other means, between an inmate who,
20        before commitment to the Department, was a member  of  an
21        organized  gang  and any other person without the need to
22        show cause or satisfy any other requirement of law before
23        beginning  the  monitoring,  except  as  constitutionally
24        required. The monitoring may be by video, voice, or other
25        method of recording or by any other means.   As  used  in
26        this subdivision (1)(t), "organized gang" has the meaning
27        ascribed  to  it in Section 10 of the Illinois Streetgang
28        Terrorism Omnibus Prevention Act.
29             As used in this  subdivision  (1)(t),  "unprivileged
30        conversation"  or  "unprivileged  communication"  means a
31        conversation or communication that is  not  protected  by
32        any  privilege recognized by law or by decision, rule, or
33        order of the Illinois Supreme Court.
34             (u)  To   establish   a   Women's   and   Children's
HB4116 Enrolled             -10-               LRB9214685RCcd
 1        Pre-release Community Supervision Program for the purpose
 2        of providing housing  and  services  to  eligible  female
 3        inmates,  as  determined  by  the  Department,  and their
 4        newborn and young children.
 5             (v)  To do all other acts necessary to carry out the
 6        provisions of this Chapter.
 7        (2)  The Department of Corrections shall  by  January  1,
 8    1998, consider building and operating a correctional facility
 9    within  100  miles of a county of over 2,000,000 inhabitants,
10    especially a facility designed to house juvenile participants
11    in the impact incarceration program.
12        (3)  When the Department  lets  bids  for  contracts  for
13    medical  services  to  be  provided  to  persons committed to
14    Department facilities by a health  maintenance  organization,
15    medical  service  corporation, or other health care provider,
16    the bid may only be let to a health care  provider  that  has
17    obtained  an irrevocable letter of credit or performance bond
18    issued by a company whose bonds  are  rated  AAA  by  a  bond
19    rating organization.
20        (4)  When the Department lets bids for contracts for food
21    or   commissary   services   to  be  provided  to  Department
22    facilities, the bid may only be let to a food  or  commissary
23    services  provider that has obtained an irrevocable letter of
24    credit or performance bond issued by a  company  whose  bonds
25    are rated AAA by a bond rating organization.
26    (Source:  P.A.  91-239,  eff.  1-1-00;  91-357, eff. 7-29-99;
27    92-444, eff. 1-1-02.)

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