| ||||
| Public Act 101-0235 | ||||
| ||||
| ||||
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 3-2-2, 3-12-2, and 3-12-5 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 | ||
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. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||
(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
| ||
Sec. 3-12-2. Types of employment.
| ||
(a) The Department shall provide inmate workers for | ||
Illinois Correctional Industries to work in programs | ||
established to train and employ committed
persons in the | ||
production of food stuffs and finished goods and any articles, | ||
materials or supplies for
resale to State agencies and | ||
authorized purchasers. It may also employ committed persons on | ||
public
works, buildings and property, the conservation of | ||
natural resources of the
State, anti-pollution or | ||
environmental control projects, or for other public
purposes, | ||
for the maintenance of the Department's buildings and | ||
properties and
for the production of food or other necessities | ||
for its programs. The
Department may establish, maintain and | ||
employ committed persons in the
production of vehicle | ||
registration plates. A committed person's labor shall
not be | ||
sold, contracted or hired out by the Department except under | ||
this
Article.
| ||
(b) Works of art, literature, handicraft or other items | ||
produced by
committed persons as an avocation and not as a | ||
product of a work program of the
Department may be sold to the | ||
public under rules and regulations established by
the | ||
Department. The cost of selling such products may be deducted | ||
from the
proceeds, and the balance shall be credited to the | ||
person's account under
Section 3-4-3. The Department shall | ||
notify the Attorney General of the
existence of any proceeds | ||
which it believes should be applied towards a
satisfaction, in | ||
whole or in part, of the person's incarceration costs.
| ||
(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
| ||
(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
| ||
Sec. 3-12-5. Compensation. Persons performing a work | ||
assignment under
subsection (a) of Section 3-12-2 may receive | ||
wages under rules and regulations
of the Department. In | ||
determining rates of compensation, the Department shall
| ||
consider the effort, skill and economic value of the work | ||
performed.
Compensation may be given to persons who participate | ||
in other programs of the
Department. Of the compensation earned | ||
pursuant to this Section, a portion, as
determined by the | ||
Department, shall be used to offset the cost of the committed
| ||
person's incarceration. If the committed person files a lawsuit | ||
determined
frivolous
under Article XXII of the Code of Civil | ||
Procedure, 50% of the
compensation shall be used to offset the | ||
filing fees and costs of the lawsuit
as provided in
that | ||
Article until all fees and costs are paid in full. All other | ||
wages shall
be deposited in the individual's
account under | ||
rules and regulations of the Department. The Department shall
| ||
notify the Attorney General of any compensation applied towards | ||
a satisfaction,
in whole or in part, of the person's | ||
incarceration costs.
| ||
(Source: P.A. 94-1017, eff. 7-7-06.)
| ||
(730 ILCS 5/3-7-6 rep.) | ||
Section 10. The Unified Code of Corrections is amended by | ||
repealing Section 3-7-6. | ||
Section 15. The Code of Civil Procedure is amended by | ||
changing Section 4-101 as follows:
| ||
(735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
| ||
Sec. 4-101. Cause. In any court having competent | ||
jurisdiction, a creditor
having a money claim, whether | ||
liquidated or unliquidated, and whether sounding
in contract or | ||
tort, or based upon a statutory cause of action created by law
| ||
in favor of the People of the State of Illinois, or any agency | ||
of the State,
may have an attachment against the property of | ||
his or her debtor, or that of
any one or more of several | ||
debtors, either at the time of commencement of the
action or | ||
thereafter, when the claim exceeds $20,
in any one of the | ||
following cases:
| ||
1. Where the debtor is not a resident of this State.
| ||
2. When the debtor conceals himself or herself or | ||
stands in defiance of an
officer, so that process cannot be | ||
served upon him or her.
| ||
3. Where the debtor has departed from this State with | ||
the
intention of having his or her effects removed from | ||
this State.
| ||
4. Where the debtor is about to depart from this State | ||
with the
intention of having his or her effects removed | ||
from this State.
| ||
5. Where the debtor is about to remove his or her | ||
property from this
State to the injury of such creditor.
| ||
6. Where the debtor has within 2 years preceding the | ||
filing of
the affidavit required, fraudulently conveyed or | ||
assigned his or her effects,
or a part thereof, so as to | ||
hinder or delay his or her creditors.
| ||
7. Where the debtor has, within 2 years prior to the | ||
filing of
such affidavit, fraudulently concealed or | ||
disposed of his or her property so as
to hinder or delay | ||
his or her creditors.
| ||
8. Where the debtor is about fraudulently to conceal, | ||
assign, or
otherwise dispose of his or her property or | ||
effects, so as to hinder or delay
his or her creditors.
| ||
9. Where the debt sued for was fraudulently contracted | ||
on the
part of the debtor. The statements of the debtor, | ||
his or her agent or
attorney, which constitute the fraud, | ||
shall have been reduced to
writing, and his or her | ||
signature attached thereto, by himself or herself,
agent or | ||
attorney.
| ||
10. When the debtor is a person convicted of first | ||
degree murder, a
Class X felony, or aggravated kidnapping, | ||
or found not
guilty by reason of insanity or guilty but | ||
mentally ill of first degree
murder, a Class X felony, or | ||
aggravated kidnapping, against
the creditor and that crime | ||
makes the creditor a "victim" under the
Criminal Victims' | ||
Asset Discovery Act.
| ||
11. (Blank). When the debtor is referred by the | ||
Department of Corrections to the
Attorney
General under | ||
Section 3-7-6 of the Unified Code of Corrections to recover | ||
the
expenses incurred as a result of that debtor's cost of | ||
incarceration.
| ||
(Source: P.A. 93-508, eff. 1-1-04.)
| ||