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| Public Act 102-0616 | ||||
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AN ACT concerning criminal law.
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WHEREAS, It shall be the policy of the Department of | ||||
Corrections and the Department of Juvenile Justice to work | ||||
together with labor partners to remove barriers to and stigma | ||||
around seeking mental health care and to ensure a continuum of | ||||
care available to employees without reprisal for seeking such | ||||
treatment; therefore | ||||
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, 3-2-7, and 3-2.5-15 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
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
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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(d-5) "Correctional officer" means: an
employee of the | ||
Department of Corrections who has custody and
control over | ||
committed persons in an adult correctional facility; or, for | ||
an employee of the Department of Juvenile Justice, direct care | ||
staff of persons committed to a juvenile facility. | ||
(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
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
within the institutions and facilities of the | ||
Department and
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
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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 February | ||
1, 1978 (the effective
date of Public Act 80-1099) 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
to the provisions of this Code 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 of Crime 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. 100-198, eff. 1-1-18; revised 9-21-20.)
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(730 ILCS 5/3-2-7) (from Ch. 38, par. 1003-2-7)
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Sec. 3-2-7. Staff Training and Development.
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(a) The Department shall train its own personnel and any | ||
personnel from
local agencies by agreements under Section | ||
3-15-2.
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(b) To develop and train its personnel, the Department may | ||
make grants
in aid for academic study and training in fields | ||
related to corrections.
The Department shall establish rules | ||
for the conditions and amounts of such
grants. The Department | ||
may employ any person during his program of studies
and may | ||
require the person to work for it on completion of his program
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according to the agreement entered into between the person | ||
receiving the
grant and the Department.
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(c) The Department shall implement a wellness program to
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provide employees and staff with support to address both | ||
professional and personal challenges as
they relate to the | ||
correctional environment. The Department shall establish | ||
response teams to
provide comprehensive support to employees | ||
and staff affected by events that are both duty-related
and | ||
not duty-related and provide training to response team | ||
members. The wellness program shall
be accessible to any | ||
Department employee, whether full-time or part-time, | ||
contractual or
temporary staff and approved volunteers. The | ||
wellness program may include, but not limited to,
providing | ||
information, education, referrals, peer support, debriefing, | ||
and newsletters. Employee
and staff access to wellness | ||
response team support shall be voluntary and remain | ||
confidential. | ||
(Source: P.A. 77-2097.)
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(730 ILCS 5/3-2.5-15) | ||
Sec. 3-2.5-15. Department of Juvenile Justice; assumption | ||
of duties of the Juvenile Division. | ||
(a) The Department of Juvenile Justice shall assume the | ||
rights, powers, duties, and responsibilities of the Juvenile | ||
Division of the Department of Corrections. Personnel, books, | ||
records, property, and unencumbered appropriations pertaining | ||
to the Juvenile Division of the Department of Corrections | ||
shall be transferred to the Department of Juvenile Justice on | ||
the effective date of this amendatory Act of the 94th General | ||
Assembly. Any rights of employees or the State under the | ||
Personnel Code or any other contract or plan shall be | ||
unaffected by this transfer. | ||
(b) Department of Juvenile Justice personnel who are hired | ||
by the Department on or after the effective date of this | ||
amendatory Act of the 94th General Assembly and who | ||
participate or assist in the rehabilitative and vocational | ||
training of delinquent youths, supervise the daily activities | ||
involving direct and continuing responsibility for the youth's | ||
security, welfare and development, or participate in the | ||
personal rehabilitation of delinquent youth by training, | ||
supervising, and assisting lower level personnel who perform | ||
these duties must be over the age of 21 and have any bachelor's | ||
or advanced degree from an accredited college or university. | ||
This requirement shall not apply to security, clerical, food | ||
service, and maintenance staff that do not have direct and | ||
regular contact with youth. The degree requirements specified | ||
in this subsection (b) are not required of persons who provide | ||
vocational training and who have adequate knowledge in the | ||
skill for which they are providing the vocational training. | ||
(c) Subsection (b) of this Section does not apply to | ||
personnel transferred to the Department of Juvenile Justice on | ||
the effective date of this amendatory Act of the 94th General | ||
Assembly. | ||
(d) The Department shall be under the direction of the | ||
Director of Juvenile Justice as provided in this Code. | ||
(e) The Director shall organize divisions within the | ||
Department and shall assign functions, powers, duties, and | ||
personnel as required by law. The Director may create other | ||
divisions and may assign other functions, powers, duties, and | ||
personnel as may be necessary or desirable to carry out the | ||
functions and responsibilities vested by law in the | ||
Department. The Director may, with the approval of the Office | ||
of the Governor, assign to and share functions, powers, | ||
duties, and personnel with other State agencies such that | ||
administrative services and administrative facilities are | ||
provided by a shared administrative service center. Where | ||
possible, shared services which impact youth should be done | ||
with child-serving agencies. These administrative services may | ||
include, but are not limited to, all of the following | ||
functions: budgeting, accounting related functions, auditing, | ||
human resources, legal, procurement, training, data collection | ||
and analysis, information technology, internal investigations, | ||
intelligence, legislative services, emergency response | ||
capability, statewide transportation services, and general | ||
office support. | ||
(f) The Department of Juvenile Justice may enter into | ||
intergovernmental cooperation agreements under which minors | ||
adjudicated delinquent and committed to the Department of | ||
Juvenile Justice may participate in county juvenile impact | ||
incarceration programs established under Section 3-6039 of the | ||
Counties Code.
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(g) The Department of Juvenile Justice must comply with | ||
the ethnic and racial background data collection procedures | ||
provided in Section 4.5 of the Criminal Identification Act. | ||
(h) The Department of Juvenile Justice shall implement a | ||
wellness program to support health and wellbeing among staff | ||
and service providers within the Department of Juvenile | ||
Justice environment. The Department of Juvenile Justice shall | ||
establish response teams to provide support to employees and | ||
staff affected by events that are both duty-related and not | ||
duty-related and provide training to response team members. | ||
The Department's wellness program shall be accessible to any | ||
Department employee or service provider, including contractual | ||
employees and approved volunteers. The wellness program may | ||
include information sharing, education and activities designed | ||
to support health and well-being within the Department's | ||
environment. Access to
wellness response team support shall be | ||
voluntary and remain confidential. | ||
(Source: P.A. 100-19, eff. 1-1-18.)
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