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| Public Act 100-0198 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 3-1-2 and 3-2-2 as follows:
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(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
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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
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superintendent of any juvenile institution or facility.
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(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),
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11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | ||
(keeping a place of juvenile prostitution), 11-18.1
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(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
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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
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(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),
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10-2 (aggravated kidnapping), | ||
10-3 (unlawful restraint),
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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).
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(b) "Commitment" means a judicially determined placement
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in the custody of the Department of Corrections on the basis of
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delinquency or conviction.
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(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.
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(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.
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(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.
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(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.
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(f-5) (Blank).
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(g) "Discharge" means the final termination of a commitment
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to the Department of Corrections.
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(h) "Discipline" means the rules and regulations for the
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maintenance of order and the protection of persons and property
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within the institutions and facilities of the Department and
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their enforcement.
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(i) "Escape" means the intentional and unauthorized | ||
absence
of a committed person from the custody of the | ||
Department.
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(j) "Furlough" means an authorized leave of absence from | ||
the
Department of Corrections for a designated purpose and | ||
period of time.
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(k) "Parole" means the conditional and revocable release
of | ||
a person committed to the Department of Corrections under the | ||
supervision of a parole officer.
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(l) "Prisoner Review Board" means the Board established in
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Section 3-3-1(a), independent of the Department, to review
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rules and regulations with respect to good time credits, to
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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.
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(m) Whenever medical treatment, service, counseling, or
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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
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therewith whenever request therefor is made by a person subject
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to the provisions of this Act.
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(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.
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(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.)
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(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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Sec. 3-2-2. Powers and Duties of the Department.
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(1) In addition to the powers, duties and responsibilities | ||
which are
otherwise provided by law, the Department shall have | ||
the following powers:
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(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.
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(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
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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.
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(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
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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.
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(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.
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(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
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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
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designate those institutions which
shall constitute the | ||
State Penitentiary System.
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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
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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.
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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.
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(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),
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"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
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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.
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(d) To develop and maintain programs of control, | ||
rehabilitation and
employment of committed persons within | ||
its institutions.
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(d-5) To provide a pre-release job preparation program | ||
for inmates at Illinois adult correctional centers.
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(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.
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(e) To establish a system of supervision and guidance | ||
of committed persons
in the community.
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(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
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Department of Corrections nor the Department of | ||
Transportation shall replace
any regular employee with a | ||
prisoner.
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(g) To maintain records of persons committed to it and | ||
to establish
programs of research, statistics and | ||
planning.
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(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
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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.
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(i) To appoint and remove the chief administrative | ||
officers, and
administer
programs of training and | ||
development of personnel of the Department. Personnel
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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.
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(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.
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(k) To administer all moneys and properties of the | ||
Department.
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(l) To report annually to the Governor on the committed
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persons, institutions and programs of the Department.
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(l-5) (Blank).
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(m) To make all rules and regulations and exercise all | ||
powers and duties
vested by law in the Department.
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(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.
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(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.
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(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.
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(q) To establish a diversion program.
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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.
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Elements of the program shall include, but shall not be | ||
limited to, the
following:
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(1) The staff of a diversion facility shall provide | ||
supervision in
accordance with required objectives set | ||
by the facility.
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(2) Participants shall be required to maintain | ||
employment.
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(3) Each participant shall pay for room and board | ||
at the facility on a
sliding-scale basis according to | ||
the participant's income.
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(4) Each participant shall:
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(A) provide restitution to victims in | ||
accordance with any court order;
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(B) provide financial support to his | ||
dependents; and
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(C) make appropriate payments toward any other | ||
court-ordered
obligations.
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(5) Each participant shall complete community | ||
service in addition to
employment.
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(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.
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(8) The Department shall promulgate rules | ||
governing the administration
of the program.
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(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.
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(r-5) (Blank).
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(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:
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(i) are members of a criminal streetgang;
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(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.
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(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.)
| ||