Rep. Michael J. Madigan
Filed: 5/22/2012
 
 

 

 

 
09700SB1338ham003LRB097 07075 JWD 69948 a



1
AMENDMENT TO SENATE BILL 1338 




2    AMENDMENT NO. ______. Amend Senate Bill 1338 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Unified Code of Corrections is amended by 
5changing Section 3-2-5 as follows:
 


6    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)



7    Sec. 3-2-5. Organization of the Department of Corrections 
8and the Department of Juvenile Justice. 

9    (a) There shall be an Adult Division within the
the 
10Department which shall
be administered by an Assistant Director 
11appointed by the Governor under
The Civil Administrative Code 
12of Illinois. The Assistant Director shall be
under the 
13direction of the Director. The Adult Division shall be

14responsible for all persons committed or transferred to the 
15Department
under Sections 3-10-7 or 5-8-6 of this Code.
16    (b)
There shall be a Department of Juvenile Justice which 
 
 
09700SB1338ham003- 2 -LRB097 07075 JWD 69948 a

1shall be administered by a Director appointed by the Governor 
2under the Civil Administrative Code of Illinois.  The Department 
3of Juvenile Justice shall be responsible for all persons under 
417 years of age when sentenced to imprisonment and committed to 
5the Department under subsection (c) of Section 5-8-6 of this 
6Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 
7of the Juvenile Court Act of 1987.  Persons under 17 years of 
8age committed to the Department of Juvenile Justice pursuant to 
9this Code shall be sight and sound separate from adult 
10offenders  committed to the Department of Corrections.

11    (c) The Department shall create a gang intelligence unit 
12under the
supervision of the Director.  The unit shall be 
13specifically designed to gather
information regarding the 
14inmate gang population, monitor the activities of
gangs, and 
15prevent the furtherance of gang activities through the 
16development
and implementation of policies aimed at deterring 
17gang activity. The Director
shall appoint a Corrections 
18Intelligence Coordinator.

19    All information collected and maintained by the unit shall 
20be highly
confidential, and access to that information shall be 
21restricted by the
Department.  The information
shall be used to 
22control and limit the activities of gangs within correctional

23institutions under the jurisdiction of the Illinois
Department 
24of Corrections and may be shared with other law enforcement 
25agencies
in order to curb gang activities outside of 
26correctional institutions under the
jurisdiction of the 
 
 
09700SB1338ham003- 3 -LRB097 07075 JWD 69948 a

1Department and to assist in
the investigations and prosecutions 
2of gang activity.  The Department shall
establish and promulgate 
3rules governing the release of information to outside
law 
4enforcement agencies.  Due to the highly sensitive nature of the

5information, the information is exempt from requests for 
6disclosure under the
Freedom
of Information Act as the 
7information contained is highly confidential and may
be harmful 
8if disclosed.

9    The Department shall file an annual report with the General 
10Assembly on the
profile of the inmate
population associated 
11with gangs, gang-related activity within correctional

12institutions under the jurisdiction of the Department,
and an 
13overall status of the unit as it relates to its function and

14performance.

15(Source: P.A. 94-696, eff. 6-1-06.)".