Public Act 100-0198
 
HB3712 EnrolledLRB100 10864 RLC 21099 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 Sections 3-1-2 and 3-2-2 as follows:
 


    (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.

    (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 the 
effective
date of this Amendatory Act of 1977, 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 Act.

    (n) "Victim" shall have the meaning ascribed to it in 
subsection (a) of
Section 3 of the Bill of Rights for Victims 
and Witnesses of Violent Crime 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. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 
98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 


    (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 Director 
    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, to inquire into any alleged 
    misconduct by employees
or committed persons, and to 
    investigate the assets
of committed persons to implement 
    Section 3-7-6 of this Code; 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. 

        (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. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12; 
97-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff. 
8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)