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| Public Act 102-0535 | ||||
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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 Section 3-2-2 as follows:
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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
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
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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
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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,
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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
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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. | ||
(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
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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
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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
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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
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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.
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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 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
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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
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procedures would provide evidence that such violations | ||
have occurred.
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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
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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
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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
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
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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.
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(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
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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
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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
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leadership; and
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(iii) are actively and personally engaged in | ||
directing, ordering,
authorizing, or requesting | ||
commission of criminal acts by others, which are
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punishable as a felony, in furtherance of streetgang | ||
related activity both
within and outside of the | ||
Department of Corrections.
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"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.
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(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.
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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.
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(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
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children.
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(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
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receive suggestions, complaints, or other requests to the
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Department from visitors to Department institutions or
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facilities and from other members of the public. | ||
(v) To do all other acts necessary to carry out the | ||
provisions
of this Chapter.
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(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.
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(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
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issued by a company whose bonds have an investment grade or | ||
higher rating by a bond rating
organization.
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(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
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services provider that has obtained an irrevocable letter of
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credit or performance bond issued by a company whose bonds | ||
have an investment grade or higher rating by a bond rating | ||
organization.
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(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.)
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