Public Act 094-0383
 		





SB0554 Enrolled
LRB094 08404 RLC 38605 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Unified Code of Corrections is amended  by 
adding  Article 17   as follows:

 
    (730 ILCS 5/Ch. III Art. 17 heading new)
ARTICLE 17.  PROGRAM OF REENTRY INTO COMMUNITY

 
    (730 ILCS 5/3-17-5  new)
    Sec. 3-17-5. Definitions. As used in this Article:
    "Board" means the Prisoner Review Board.
    "Department" means the Department of Corrections.
    "Director" means the Director of Corrections.
    "Offender" means a person who has been convicted of a 
felony under the laws of this State and sentenced to a term of 
imprisonment.
    "Program" means a program established by a county or 
municipality under Section 3-17-10 for reentry of persons into 
the community who have been committed to the Department for 
commission of a felony.
 
    (730 ILCS 5/3-17-10  new)
    Sec. 3-17-10. Establishment of program.

    (a) A county with the approval of the county board or a 
municipality that maintains a jail or house of corrections with 
the approval of the corporate authorities may establish a 
program for reentry of offenders into the community who have 
been committed to the Department for commission of a felony.  
Any program shall be approved by the Director prior to 
placement of inmates in a program.
    (b)  If a county or municipality establishes a program under 
this Section, the sheriff in the case of a county or the police 
chief in the case of a municipality shall:
        (1) Determine whether offenders who are referred by the 
    Director of Corrections under Section 3-17-15 should be 
    assigned to participate in a program.
        (2) Supervise offenders participating in the program 
    during their participation in the program.
    (c)  A county or municipality shall be liable for the well 
being and actions of inmates in its custody while in a program 
and shall indemnify the Department for any loss incurred by the 
Department caused while an inmate is in a program.

    (d)   An offender may not be assigned to  participate in a 
program unless the Director of Corrections, in consultation 
with the Prisoner Review Board, grants prior approval of the 
assignment under this Section.
 
    (730 ILCS 5/3-17-15  new)
    Sec. 3-17-15. Referral of person to sheriff or police 
chief; assignment of person by the  Department.

    (a) Except as otherwise provided in this Section, if a 
program has been established in a county or municipality in 
which an offender was sentenced to imprisonment for a felony, 
the Director may refer the offender to the county sheriff or 
municipal police chief if:
        (1) The offender qualifies under the standards 
    established by the Director in subsection (c);
        (2) The offender  has demonstrated a willingness to:
            (A) engage in employment or participate in 
        vocational rehabilitation or job skills training; and
            (B) meet any existing obligation for restitution 
        to any victim of his or her  crime; and
        (3) the offender is within one year of his or her 
    probable release from prison, as determined by the 
    Director.
    (b)   Except as otherwise provided in this Section, if the 
Director is notified by the sheriff or police chief under 
Section 3-17-10 that an offender  would benefit by being 
assigned to the custody of the sheriff or police chief to 
participate in the program, the Director shall review whether 
the offender should be assigned to participate in a program for 
not longer than the remainder of his or her sentence.
    (c) The Director, by rule, shall adopt standards setting 
forth which offenders are eligible to be assigned to the 
custody of the sheriff or police chief to participate in the 
program under  this Section.  The standards adopted by the 
Director must be approved by the Prisoner Review Board and must 
provide that an offender is ineligible for participation in the 
program who:
        (1) has recently committed a serious infraction of the 
    rules of an institution or facility of the Department;
        (2) has not performed the duties assigned to him or her 
    in a faithful and orderly manner;
        (3) has, within the immediately preceding 5 years, been 
    convicted of any crime involving the use or threatened use 
    of force or violence against a victim that is punishable as 
    a felony;
        (4) has ever been convicted of a sex offense as defined 
    in Section 10 of the Sex Offender Management Board Act;
        (5) has escaped or attempted to escape from any jail or 
    correctional institution for adults; or
        (6) has not made an effort in good faith to participate 
    in or to complete any educational or vocational program or 
    any program of treatment, as ordered by the Director.
    (d)  The Director shall adopt rules requiring offenders who 
are assigned to the custody of the sheriff or police chief 
under this Section to reimburse the Department for the cost of 
their participation in a program, to the extent of their 
ability to pay.
    (e)  The sheriff or police chief may return the offender to 
the custody of the Department at any time for any violation of 
the terms and conditions imposed by the Director in 
consultation with the Prisoner Review Board.
    (f)  If an offender assigned to the custody of the sheriff 
or police chief under this Section violates any of the terms or 
conditions imposed by the Director in consultation with the 
Prisoner Review Board and is returned to the custody of the 
Department, the offender forfeits all or part of the credits 
for good behavior earned by him or her before he or she was 
returned to the custody of the Department, as determined by the 
Director.  The Director may provide for a forfeiture of credits 
under this subsection (f) only after proof of the violation and 
notice is given to the offender. The Director may restore 
credits so forfeited for such reasons as he or she  considers 
proper. The Director, by rule, shall establish procedures for 
review of forfeiture of good behavior credit.  The decision of 
the Director regarding such a forfeiture is final.
    (g) The assignment of an offender to the custody of the 
sheriff or police chief under this Section shall be deemed:
        (1) a continuation of his or her imprisonment and not a 
    release on parole or mandatory supervised release; and
        (2) for the purposes of Section 3-8-1, an assignment to 
    a facility of the Department,
except that the offender is 
    not entitled to obtain any benefits or to participate in 
    any programs provided to offenders in the custody of the 
    Department.
    (h) An offender does not have a right to be assigned to the 
custody of the sheriff or police chief under this Section, or 
to remain in that custody after such an assignment. It is not 
intended that the establishment or operation of a program 
creates any right or interest in liberty or property or 
establishes a basis for any cause of action against this State 
or  its political subdivisions, agencies, boards, commissions, 
departments, officers, or employees.
 
    (730 ILCS 5/3-17-20  new)
    Sec. 3-17-20. Director to contract  for certain services for 
offenders in program.
    (a)  The Director may enter into one or more contracts with 
one or more public or private entities to provide any of the 
following services, as necessary and appropriate, to offenders 
participating in a program:
        (1) transitional housing;
        (2) treatment pertaining to substance abuse or mental 
    health;
        (3) training in life skills;
        (4) vocational rehabilitation and job skills training; 
    and
        (5) any other services required by offenders who are 
    participating in a program.
    (b)  The Director shall, as necessary and appropriate, 
provide referrals and information regarding:
        (1) any of the services provided pursuant to subsection 
    (a);
        (2) access and availability of any appropriate 
    self-help groups;
        (3) social services for families and children; and
        (4) permanent housing.
    (c) The Director may apply for and accept any gift, 
donation, bequest, grant, or other source of money to carry out 
the provisions of this Section.
    (d)  As used in this Section, training in life skills 
includes, without limitation, training in the areas of:
      (1) 
parenting;
      (2) improving human relationships;
      (3) preventing 
domestic violence;
      (4) maintaining emotional and physical 
health;
      (5) preventing abuse of alcohol and drugs;
      (6) 
preparing for and obtaining employment; and
      (7) budgeting, 
consumerism, and personal finances.
 
    (730 ILCS 5/3-17-25  new)
    Sec. 3-17-25. Monitoring of participant in program. The 
Department shall retain the authority to monitor each person 
who is participating in a program under  Section 3-17-15.  Such 
authority shall include site inspections, review of program 
activities, and access to inmate files and records.