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Public Act 102-0535


 

Public Act 0535 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0535
 
SB1976 EnrolledLRB102 10348 RLC 15675 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-2-2 as follows:
 
    (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 aliens
    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 Department
    of 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 (20 ILCS 405/405-300). The Department shall
    designate those institutions which shall constitute the
    State Penitentiary 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 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
    Department.
        (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
        employment.
            (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
            dependents; and
                (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
        screening.
            (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.
(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
101-235, eff. 1-1-20.)

Effective Date: 1/1/2022