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91_HB2584
LRB9104510RCks
1 AN ACT in relation to prisons, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5 changing Section 7 as follows:
6 (5 ILCS 140/7) (from Ch. 116, par. 207)
7 Sec. 7. Exemptions.
8 (1) The following shall be exempt from inspection and
9 copying:
10 (a) Information specifically prohibited from
11 disclosure by federal or State law or rules and
12 regulations adopted under federal or State law.
13 (b) Information that, if disclosed, would
14 constitute a clearly unwarranted invasion of personal
15 privacy, unless the disclosure is consented to in writing
16 by the individual subjects of the information. The
17 disclosure of information that bears on the public duties
18 of public employees and officials shall not be considered
19 an invasion of personal privacy. Information exempted
20 under this subsection (b) shall include but is not
21 limited to:
22 (i) files and personal information maintained
23 with respect to clients, patients, residents,
24 students or other individuals receiving social,
25 medical, educational, vocational, financial,
26 supervisory or custodial care or services directly
27 or indirectly from federal agencies or public
28 bodies;
29 (ii) personnel files and personal information
30 maintained with respect to employees, appointees or
31 elected officials of any public body or applicants
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1 for those positions;
2 (iii) files and personal information
3 maintained with respect to any applicant, registrant
4 or licensee by any public body cooperating with or
5 engaged in professional or occupational
6 registration, licensure or discipline;
7 (iv) information required of any taxpayer in
8 connection with the assessment or collection of any
9 tax unless disclosure is otherwise required by State
10 statute; and
11 (v) information revealing the identity of
12 persons who file complaints with or provide
13 information to administrative, investigative, law
14 enforcement or penal agencies; provided, however,
15 that identification of witnesses to traffic
16 accidents, traffic accident reports, and rescue
17 reports may be provided by agencies of local
18 government, except in a case for which a criminal
19 investigation is ongoing, without constituting a
20 clearly unwarranted per se invasion of personal
21 privacy under this subsection.
22 (c) Records compiled by any public body for
23 administrative enforcement proceedings and any law
24 enforcement or correctional agency for law enforcement
25 purposes or for internal matters of a public body, but
26 only to the extent that disclosure would:
27 (i) interfere with pending or actually and
28 reasonably contemplated law enforcement proceedings
29 conducted by any law enforcement or correctional
30 agency;
31 (ii) interfere with pending administrative
32 enforcement proceedings conducted by any public
33 body;
34 (iii) deprive a person of a fair trial or an
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1 impartial hearing;
2 (iv) unavoidably disclose the identity of a
3 confidential source or confidential information
4 furnished only by the confidential source;
5 (v) disclose unique or specialized
6 investigative techniques other than those generally
7 used and known or disclose internal documents of
8 correctional agencies related to detection,
9 observation or investigation of incidents of crime
10 or misconduct;
11 (vi) constitute an invasion of personal
12 privacy under subsection (b) of this Section;
13 (vii) endanger the life or physical safety of
14 law enforcement personnel or any other person; or
15 (viii) obstruct an ongoing criminal
16 investigation.
17 Notwithstanding the provisions of this paragraph
18 (c), records of persons committed to the Department of
19 Corrections may be made available to probation officers,
20 State's Attorneys, law enforcement officers, and the
21 courts and may be used as factors in aggravation and
22 mitigation in subsequent sentencing. A certified copy of
23 the record is sufficient for introduction of the record
24 in court.
25 (d) Criminal history record information maintained
26 by State or local criminal justice agencies, except the
27 following which shall be open for public inspection and
28 copying:
29 (i) chronologically maintained arrest
30 information, such as traditional arrest logs or
31 blotters;
32 (ii) the name of a person in the custody of a
33 law enforcement agency and the charges for which
34 that person is being held;
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1 (iii) court records that are public;
2 (iv) records that are otherwise available
3 under State or local law; or
4 (v) records in which the requesting party is
5 the individual identified, except as provided under
6 part (vii) of paragraph (c) of subsection (1) of
7 this Section.
8 "Criminal history record information" means data
9 identifiable to an individual and consisting of
10 descriptions or notations of arrests, detentions,
11 indictments, informations, pre-trial proceedings, trials,
12 or other formal events in the criminal justice system or
13 descriptions or notations of criminal charges (including
14 criminal violations of local municipal ordinances) and
15 the nature of any disposition arising therefrom,
16 including sentencing, court or correctional supervision,
17 rehabilitation and release. The term does not apply to
18 statistical records and reports in which individuals are
19 not identified and from which their identities are not
20 ascertainable, or to information that is for criminal
21 investigative or intelligence purposes.
22 (e) Records that relate to or affect the security
23 of correctional institutions and detention facilities.
24 (f) Preliminary drafts, notes, recommendations,
25 memoranda and other records in which opinions are
26 expressed, or policies or actions are formulated, except
27 that a specific record or relevant portion of a record
28 shall not be exempt when the record is publicly cited and
29 identified by the head of the public body. The exemption
30 provided in this paragraph (f) extends to all those
31 records of officers and agencies of the General Assembly
32 that pertain to the preparation of legislative documents.
33 (g) Trade secrets and commercial or financial
34 information obtained from a person or business where the
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1 trade secrets or information are proprietary, privileged
2 or confidential, or where disclosure of the trade secrets
3 or information may cause competitive harm, including all
4 information determined to be confidential under Section
5 4002 of the Technology Advancement and Development Act.
6 Nothing contained in this paragraph (g) shall be
7 construed to prevent a person or business from consenting
8 to disclosure.
9 (h) Proposals and bids for any contract, grant, or
10 agreement, including information which if it were
11 disclosed would frustrate procurement or give an
12 advantage to any person proposing to enter into a
13 contractor agreement with the body, until an award or
14 final selection is made. Information prepared by or for
15 the body in preparation of a bid solicitation shall be
16 exempt until an award or final selection is made.
17 (i) Valuable formulae, designs, drawings and
18 research data obtained or produced by any public body
19 when disclosure could reasonably be expected to produce
20 private gain or public loss.
21 (j) Test questions, scoring keys and other
22 examination data used to administer an academic
23 examination or determined the qualifications of an
24 applicant for a license or employment.
25 (k) Architects' plans and engineers' technical
26 submissions for projects not constructed or developed in
27 whole or in part with public funds and for projects
28 constructed or developed with public funds, to the extent
29 that disclosure would compromise security.
30 (l) Library circulation and order records
31 identifying library users with specific materials.
32 (m) Minutes of meetings of public bodies closed to
33 the public as provided in the Open Meetings Act until the
34 public body makes the minutes available to the public
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1 under Section 2.06 of the Open Meetings Act.
2 (n) Communications between a public body and an
3 attorney or auditor representing the public body that
4 would not be subject to discovery in litigation, and
5 materials prepared or compiled by or for a public body in
6 anticipation of a criminal, civil or administrative
7 proceeding upon the request of an attorney advising the
8 public body, and materials prepared or compiled with
9 respect to internal audits of public bodies.
10 (o) Information received by a primary or secondary
11 school, college or university under its procedures for
12 the evaluation of faculty members by their academic
13 peers.
14 (p) Administrative or technical information
15 associated with automated data processing operations,
16 including but not limited to software, operating
17 protocols, computer program abstracts, file layouts,
18 source listings, object modules, load modules, user
19 guides, documentation pertaining to all logical and
20 physical design of computerized systems, employee
21 manuals, and any other information that, if disclosed,
22 would jeopardize the security of the system or its data
23 or the security of materials exempt under this Section.
24 (q) Documents or materials relating to collective
25 negotiating matters between public bodies and their
26 employees or representatives, except that any final
27 contract or agreement shall be subject to inspection and
28 copying.
29 (r) Drafts, notes, recommendations and memoranda
30 pertaining to the financing and marketing transactions of
31 the public body. The records of ownership, registration,
32 transfer, and exchange of municipal debt obligations, and
33 of persons to whom payment with respect to these
34 obligations is made.
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1 (s) The records, documents and information relating
2 to real estate purchase negotiations until those
3 negotiations have been completed or otherwise terminated.
4 With regard to a parcel involved in a pending or actually
5 and reasonably contemplated eminent domain proceeding
6 under Article VII of the Code of Civil Procedure,
7 records, documents and information relating to that
8 parcel shall be exempt except as may be allowed under
9 discovery rules adopted by the Illinois Supreme Court.
10 The records, documents and information relating to a real
11 estate sale shall be exempt until a sale is consummated.
12 (t) Any and all proprietary information and records
13 related to the operation of an intergovernmental risk
14 management association or self-insurance pool or jointly
15 self-administered health and accident cooperative or
16 pool.
17 (u) Information concerning a university's
18 adjudication of student or employee grievance or
19 disciplinary cases, to the extent that disclosure would
20 reveal the identity of the student or employee and
21 information concerning any public body's adjudication of
22 student or employee grievances or disciplinary cases,
23 except for the final outcome of the cases.
24 (v) Course materials or research materials used by
25 faculty members.
26 (w) Information related solely to the internal
27 personnel rules and practices of a public body.
28 (x) Information contained in or related to
29 examination, operating, or condition reports prepared by,
30 on behalf of, or for the use of a public body responsible
31 for the regulation or supervision of financial
32 institutions or insurance companies, unless disclosure is
33 otherwise required by State law.
34 (y) Information the disclosure of which is
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1 restricted under Section 5-108 of the Public Utilities
2 Act.
3 (z) Manuals or instruction to staff that relate to
4 establishment or collection of liability for any State
5 tax or that relate to investigations by a public body to
6 determine violation of any criminal law.
7 (aa) Applications, related documents, and medical
8 records received by the Experimental Organ
9 Transplantation Procedures Board and any and all
10 documents or other records prepared by the Experimental
11 Organ Transplantation Procedures Board or its staff
12 relating to applications it has received.
13 (bb) Insurance or self insurance (including any
14 intergovernmental risk management association or self
15 insurance pool) claims, loss or risk management
16 information, records, data, advice or communications.
17 (cc) Information and records held by the Department
18 of Public Health and its authorized representatives
19 relating to known or suspected cases of sexually
20 transmissible disease or any information the disclosure
21 of which is restricted under the Illinois Sexually
22 Transmissible Disease Control Act.
23 (dd) Information the disclosure of which is
24 exempted under Section 30 of the Radon Industry Licensing
25 Act.
26 (ee) Firm performance evaluations under Section 55
27 of the Architectural, Engineering, and Land Surveying
28 Qualifications Based Selection Act.
29 (ff) Security portions of system safety program
30 plans, investigation reports, surveys, schedules, lists,
31 data, or information compiled, collected, or prepared by
32 or for the Regional Transportation Authority under
33 Section 2.11 of the Regional Transportation Authority Act
34 or the State of Missouri under the Bi-State Transit
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1 Safety Act.
2 (gg) Information the disclosure of which is
3 restricted and exempted under Section 50 of the Illinois
4 Prepaid Tuition Act.
5 (hh) Information the disclosure of which is
6 exempted under Section 80 of the State Gift Ban Act.
7 (ii) Beginning July 1, 1999, (hh) information that
8 would disclose or might lead to the disclosure of secret
9 or confidential information, codes, algorithms, programs,
10 or private keys intended to be used to create electronic
11 or digital signatures under the Electronic Commerce
12 Security Act.
13 (2) This Section does not authorize withholding of
14 information or limit the availability of records to the
15 public, except as stated in this Section or otherwise
16 provided in this Act.
17 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
18 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
19 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
20 Section 10. The Criminal Code of 1961 is amended by
21 adding Sections 31A-2 and 31A-3 as follows:
22 (720 ILCS 5/31A-2 new)
23 Sec. 31A-2. Visitor to Department of Corrections
24 facility; false identification.
25 (a) It is unlawful for any visitor, other than a law
26 enforcement officer or correctional officer, to a penal
27 institution of the Department of Corrections to use a false
28 identification card or alias to gain access to the penal
29 institution.
30 The Department shall be permitted to use a biometric
31 device to determine identity.
32 (b) Sentence. A person who violates this Section is
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1 guilty of a Class 4 felony.
2 (720 ILCS 5/31A-3 new)
3 Sec. 31A-3. Criminal offenses in furtherance of gang
4 activities.
5 (a) A criminal offense in furtherance of gang activities
6 that is committed in a penal institution, on the grounds of a
7 penal institution, or within 1,000 feet of a penal
8 institution shall be punished as an offense that is one grade
9 higher than the penalty imposed for the offense.
10 (b) For purposes of this Section:
11 (1) "Gang" has the meaning ascribed to it in
12 Section 10 of the Illinois Streetgang Terrorism Omnibus
13 Prevention Act.
14 (2) "One grade higher" means that a petty or
15 business offense shall be punished as a Class C
16 misdemeanor, a Class C misdemeanor shall be punished as a
17 Class B misdemeanor, a Class B misdemeanor shall be
18 punished as a Class A misdemeanor, a Class A misdemeanor
19 shall be punished as a Class 4 felony, a Class 4 felony
20 as a Class 3 felony, a Class 3 felony as a Class 2
21 felony, a Class 2 felony as a Class 1 felony, a Class 1
22 felony as a Class X felony, and a Class X felony or first
23 degree murder, if the death penalty is not imposed, as a
24 sentence of natural life imprisonment.
25 Section 15. The Code of Criminal Procedure of 1963 is
26 amended by adding Section 115-21 as follows:
27 (725 ILCS 5/115-21 new)
28 Sec. 115-21. Prima facie evidence.
29 (a) It is prima facie evidence that a person committed a
30 Class A misdemeanor violation of Section 4 of the Cannabis
31 Control Act if he or she is an inmate of a correctional
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1 institution of the Department of Corrections and tested
2 positive for cannabis.
3 (b) It is prima facie evidence that a person committed a
4 Class 4 felony violation of Section 402 of the Illinois
5 Controlled Substances Act if he or she is an inmate of a
6 correctional institution of the Department of Corrections and
7 tested positive for a controlled substance.
8 Section 20. The Unified Code of Corrections is amended
9 by changing Sections 3-4-3, 3-5-1, 3-6-2, 3-6-3, 3-7-2,
10 3-8-7, 3-12-2, 3-12-5, 3-12-7, 5-4-1, 5-5-6, and 5-8-4 and
11 adding Sections 3-2-10, 3-2-11, 3-7-2.5 and 3-12-15 as
12 follows:
13 (730 ILCS 5/3-2-10 new)
14 Sec. 3-2-10. Prison Oversight Commission.
15 (a) There is created the Prison Oversight Commission.
16 The Commission shall consist of 4 members of the General
17 Assembly, one each appointed by the President of the Senate,
18 the Minority Leader of the Senate, the Speaker of the House
19 of Representatives, and the Minority Leader of the House of
20 Representatives.
21 (b) The members of the Commission shall choose their
22 chair and such other officers as they deem appropriate.
23 (c) The Commission shall have power to:
24 (1) hire permanent staff;
25 (2) expend appropriations made by the General
26 Assembly for the purpose of carrying out its powers and
27 duties;
28 (3) hold hearings, issue subpoenas, and compel the
29 attendance of witnesses at those hearings;
30 (4) visit and obtain access to institutions and
31 facilities of the Department of Corrections.
32 (d)(1) The office of the Executive Director of the
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1 Prison Oversight Commission is created within the Prison
2 Oversight Commission.
3 (2) The principal executive officer of the Prison
4 Oversight Commission is the Executive Director who shall be
5 appointed by and serve at the pleasure of the Commission.
6 (3) The Commission shall establish procedures for
7 approving the budget of the office, for expending funds
8 thereof, and for the employment of personnel for the office
9 who are subject to the approval by the House and Senate.
10 (4) (i) The Executive Director may investigate, under
11 procedures established by the Commission, subject to the
12 ongoing approval of the Commission which may include the
13 investigation of an administrative act which is alleged to be
14 contrary to law, contrary to departmental policy,
15 unaccompanied by an adequate statement or reason, or based on
16 irrelevant, immaterial, or erroneous grounds.
17 (ii) Subject to approval of the Commission, the
18 Executive Director shall establish procedures for receiving
19 and processing complaints, conducting investigations, setting
20 up hearings for the Commission, and reporting the findings
21 resulting from any investigations to the Commission.
22 (5) (i) Upon request, the Executive Director shall be
23 given access to all information, records, and documents in
24 the possession of the Department which the Commission deems
25 necessary in an investigation.
26 (ii) Upon request of the Commission, the Executive
27 Director shall be granted entrance to inspect at any time any
28 premises under the control of the Department.
29 (6) The Commission may hold a hearing. The Commission
30 may administer oaths, subpoena witnesses, and examine the
31 books and records of the Department or of a person,
32 partnership, or corporation involved, in a matter which is or
33 was a proper subject of investigation by the Executive
34 Director under this Act.
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1 (7) The Executive Director shall maintain secrecy with
2 respect to all matters and the identities of the complainants
3 or persons from whom information is acquired, except so far
4 as disclosures may be necessary to enable the Executive
5 Director to perform the duties of the office and to support
6 any recommendations resulting from an investigation.
7 (8) The Executive Director shall prepare a report of the
8 findings of all investigations and make recommendations to
9 the Commission.
10 (9) The Executive Director shall submit to the
11 Commission and the General Assembly an annual report on the
12 conduct of the office and any other reports requested by the
13 Commission on the conduct of the office.
14 (10) (i) A complainant shall not be penalized in any way
15 by an official or the Department as a result of filing a
16 complaint or cooperating with the Executive Director or the
17 Commission in investigating a complaint.
18 (ii) A person or the Department shall not hinder the
19 lawful actions of the Executive Director or employees of the
20 office, or wilfully refuse to comply with lawful request of
21 the office.
22 (11) As used in this Section:
23 (i) "Administrative act" includes an action,
24 omission, decision, recommendation, practice, or other
25 procedure of the Department.
26 (ii) "Commission" means the Prison Oversight
27 Commission established under Section 3-2-10 of this Code.
28 (iii) "Department" means the Department of
29 Corrections.
30 (iv) "Office" means the Office of the Executive
31 Director created under this Section.
32 (v) "Executive Director" means the Executive
33 Director of the Prison Oversight Commission.
34 (vi) "Prisoner" means a person committed to or
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1 under the jurisdiction of the Department.
2 (vii) "Official" means an official or employee of
3 the Department of Corrections.
4 (730 ILCS 5/3-2-11 new)
5 Sec. 3-2-11. Gang Control Unit.
6 (a) There is created within the Department of
7 Corrections a Gang Control Unit to develop new programs and
8 to coordinate existing programs for the control of gangs
9 within State Correctional facilities. Upon request, the
10 Executive Director shall be given access to all information,
11 records, and documents in the possession of the Gang Control
12 Unit which the Commission deems necessary in an
13 investigation. Any reports shall be forwarded to the
14 Commission. In addition, the Gang Control Unit shall be
15 responsible for working with the Adult Division and the
16 Juvenile Division to monitor the effectiveness of gang
17 control programs.
18 (b) There is created an advisory committee to the Gang
19 Control Unit. The Advisory Committee shall consist of 8
20 members, 2 each appointed by the President of the Senate,
21 Minority Leader of the Senate, Speaker of the House of
22 Representatives, and the Minority Leader of the House of
23 Representatives. A chair shall be elected from the
24 membership of the Committee. Members of the Committee shall
25 have had at least 5 years of experience in the control of
26 gangs while working in the fields of penology, corrections
27 work, law enforcement, sociology, law education, or social
28 work. The members of the Advisory Committee shall review
29 current Department programs that seek to eliminate gangs in
30 correctional facilities, shall research gang control programs
31 in other state and federal facilities, and shall make
32 recommendations to the Gang Control Unit regarding new
33 programs aimed at reducing gang influence in State
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1 correctional facilities. Each member of the Committee shall
2 receive $200 for each meeting of the Committee and shall be
3 reimbursed for expenses incurred to attend meetings of the
4 Advisory Committee.
5 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
6 Sec. 3-4-3. Funds and Property of Persons Committed.
7 (a) The Department shall establish accounting records
8 with accounts for each person who has or receives money while
9 in an institution or facility of the Department and it shall
10 allow the withdrawal and disbursement of money by the person
11 under rules and regulations of the Department. Any interest
12 or other income from moneys deposited with the Department by
13 a resident of the Juvenile Division in excess of $200 shall
14 accrue to the individual's account, or in balances up to $200
15 shall accrue to the Residents' Benefit Fund. For an
16 individual in an institution or facility of the Adult
17 Division the interest shall accrue to the Residents' Benefit
18 Fund. The Department shall disburse all moneys so held no
19 later than the person's final discharge from the Department.
20 Moneys in the account of a committed person who files a
21 lawsuit determined frivolous under Article XXII of the Code
22 of Civil Procedure shall be deducted to pay for the filing
23 fees and cost of the suit as provided in that Article. The
24 Department shall under rules and regulations record and
25 receipt all personal property not allowed to committed
26 persons. The Department shall return such property to the
27 individual no later than the person's release on parole.
28 (b) Any money held in accounts of committed persons
29 separated from the Department by death, discharge, or
30 unauthorized absence and unclaimed for a period of 1 year
31 thereafter by the person or his legal representative shall be
32 transmitted to the State Treasurer who shall deposit it into
33 the General Revenue Fund. Articles of personal property of
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1 persons so separated may be sold or used by the Department if
2 unclaimed for a period of 1 year for the same purpose.
3 Clothing, if unclaimed within 30 days, may be used or
4 disposed of as determined by the Department.
5 (c) Profits on sales from commissary stores shall be
6 expended by the Department for the special benefit of
7 committed persons which shall include but not be limited to
8 the advancement of inmate payrolls, for the special benefit
9 of employees, and for the advancement or reimbursement of
10 employee travel, provided that amounts expended for employees
11 shall not exceed the amount of profits derived from sales
12 made to employees by such commissaries, as determined by the
13 Department.
14 (d) The Department shall confiscate any unauthorized
15 currency found in the possession of a committed person. The
16 Department shall transmit the confiscated currency to the
17 State Treasurer who shall deposit it into the General Revenue
18 Fund.
19 (e) The Department shall restrict the personal property
20 of committed persons. Committed persons may be authorized to
21 possess the following:
22 (1) A Department approved storage box;
23 (2) Legal materials;
24 (3) Any approved reading materials that can fit
25 into the approved storage box;
26 (4) Hygiene products including, but not limited to,
27 soap, comb, shampoo, shaving cream, deodorant,
28 toothbrush, toothpaste, and female hygiene products;
29 (5) Religious symbols, including but not limited
30 to, medallions, scapula, headgear, and prayer beads not
31 to exceed $50 in value and 2 inches in height;
32 (6) A watch not to exceed $100 in value;
33 (7) A wedding ring not to exceed $100 in value,
34 unless authorized by the Department;
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1 (8) Equipment items including headphones, fan,
2 television, radio, cassette player, walkman, electric
3 shaver, calculator, typewriter, and nightlight as
4 authorized by the Department;
5 (9) Clothing and footwear;
6 (10) Approved commissary items;
7 (11) Bedding and linens;
8 (12) Medical and dental items including, but not
9 limited to, dentures, eyeglasses, and inhalers;
10 (13) Court ordered property;
11 (14) Other property items as authorized by the
12 Department all of which must fit into a Department
13 approved storage box except for items described in
14 clauses (2), (8), (11), and (12) of this subsection (e).
15 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
16 (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
17 Sec. 3-5-1. Master Record File.
18 (a) The Department shall maintain a master record file
19 on each person committed to it, which shall contain the
20 following information:
21 (1) all information from the committing court;
22 (2) reception summary;
23 (3) evaluation and assignment reports and
24 recommendations;
25 (4) reports as to program assignment and progress;
26 (5) reports of disciplinary infractions and
27 disposition;
28 (6) any parole plan;
29 (7) any parole reports;
30 (8) the date and circumstances of final discharge;
31 and any other pertinent data concerning the person's
32 background, conduct, associations and family
33 relationships as may be required by the Department. A
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1 current summary index shall be maintained on each file
2 which shall include the person's known active and past
3 gang affiliations and ranks.
4 (b) All files shall be confidential and access shall be
5 limited to authorized personnel of the Department, law
6 enforcement agencies, probation officers, State's Attorneys,
7 and the court. Personnel of other correctional, welfare or
8 law enforcement agencies may have access to files under rules
9 and regulations of the Department. The Department shall keep
10 a record of all outside personnel who have access to files,
11 the files reviewed, any file material copied, and the purpose
12 of access. If the Department or the Prisoner Review Board
13 makes a determination under this Code which affects the
14 length of the period of confinement or commitment, the
15 committed person and his counsel shall be advised of factual
16 information relied upon by the Department or Board to make
17 the determination, provided that the Department or Board
18 shall not be required to advise a person committed to the
19 Juvenile Division any such information which in the opinion
20 of the Department or Board would be detrimental to his
21 treatment or rehabilitation.
22 (c) The master file shall be maintained at a place
23 convenient to its use by personnel of the Department in
24 charge of the person. When custody of a person is transferred
25 from the Department to another department or agency, a
26 summary of the file shall be forwarded to the receiving
27 agency with such other information required by law or
28 requested by the agency under rules and regulations of the
29 Department.
30 (d) The master file of a person no longer in the custody
31 of the Department shall be placed on inactive status and its
32 use shall be restricted subject to rules and regulations of
33 the Department.
34 (e) All public agencies may make available to the
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1 Department on request any factual data not otherwise
2 privileged as a matter of law in their possession in respect
3 to individuals committed to the Department.
4 (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
5 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
6 Sec. 3-6-2. Institutions and Facility Administration.
7 (a) Each institution and facility of the Department
8 shall be administered by a chief administrative officer
9 appointed by the Director. A chief administrative officer
10 shall be responsible for all persons assigned to the
11 institution or facility. The chief administrative officer
12 shall administer the programs of the Department for the
13 custody and treatment of such persons.
14 (b) The chief administrative officer shall have such
15 assistants as the Department may assign.
16 (c) The Director or Assistant Director shall have the
17 emergency powers to temporarily transfer individuals without
18 formal procedures to any State, county, municipal or regional
19 correctional or detention institution or facility in the
20 State, subject to the acceptance of such receiving
21 institution or facility, or to designate any reasonably
22 secure place in the State as such an institution or facility
23 and to make transfers thereto. However, transfers made under
24 emergency powers shall be reviewed as soon as practicable
25 under Article 8, and shall be subject to Section 5-905 of the
26 Juvenile Court Act of 1987. This Section shall not apply to
27 transfers to the Department of Human Services which are
28 provided for under Section 3-8-5 or Section 3-10-5.
29 (d) The Department shall provide educational programs
30 for all committed persons so that all persons have an
31 opportunity to attain the achievement level equivalent to the
32 completion of the twelfth grade in the public school system
33 in this State. Other higher levels of attainment shall be
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1 encouraged and professional instruction shall be maintained
2 wherever possible. The Department may establish programs of
3 mandatory education and may establish rules and regulations
4 for the administration of such programs. A person committed
5 to the Department who, during the period of his or her
6 incarceration, participates in an educational program
7 provided by or through the Department and through that
8 program is awarded or earns the number of hours of credit
9 required for the award of an associate, baccalaureate, or
10 higher degree from a community college, college, or
11 university located in Illinois shall reimburse the State,
12 through the Department, for the costs incurred by the State
13 in providing that person during his or her incarceration with
14 the education that qualifies him or her for the award of that
15 degree. The costs for which reimbursement is required under
16 this subsection shall be determined and computed by the
17 Department under rules and regulations that it shall
18 establish for that purpose. However, interest at the rate of
19 6% per annum shall be charged on the balance of those costs
20 from time to time remaining unpaid, from the date of the
21 person's parole, mandatory supervised release, or release
22 constituting a final termination of his or her commitment to
23 the Department until paid.
24 (e) A person committed to the Department who becomes in
25 need of medical or surgical treatment but is incapable of
26 giving consent thereto shall receive such medical or surgical
27 treatment by the chief administrative officer consenting on
28 the person's behalf. Before the chief administrative officer
29 consents, he or she shall obtain the advice of one or more
30 physicians licensed to practice medicine in all its branches
31 in this State. If such physician or physicians advise:
32 (1) that immediate medical or surgical treatment is
33 required relative to a condition threatening to cause
34 death, damage or impairment to bodily functions, or
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1 disfigurement; and
2 (2) that the person is not capable of giving
3 consent to such treatment; the chief administrative
4 officer may give consent for such medical or surgical
5 treatment, and such consent shall be deemed to be the
6 consent of the person for all purposes, including, but
7 not limited to, the authority of a physician to give such
8 treatment.
9 (f) In the event that the person requires medical care
10 and treatment at a place other than the institution or
11 facility, the person may be removed therefrom under
12 conditions prescribed by the Department. The Department shall
13 require the committed person receiving medical or dental
14 services on a non-emergency basis to pay a $2 co-payment to
15 the Department for each visit for medical or dental services
16 at a place other than the institution or facility. The
17 amount of each co-payment shall be deducted from the
18 committed person's individual account. A committed person who
19 is indigent is exempt from the $2 co-payment and is entitled
20 to receive medical or dental services on the same basis as a
21 committed person who is financially able to afford the
22 co-payment.
23 (g) Any person having sole custody of a child at the
24 time of commitment or any woman giving birth to a child after
25 her commitment, may arrange through the Department of
26 Children and Family Services for suitable placement of the
27 child outside of the Department of Corrections. The Director
28 of the Department of Corrections may determine that there are
29 special reasons why the child should continue in the custody
30 of the mother until the child is 6 years old.
31 (h) The Department may provide Family Responsibility
32 Services which may consist of, but not be limited to the
33 following:
34 (1) family advocacy counseling;
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1 (2) parent self-help group;
2 (3) parenting skills training;
3 (4) parent and child overnight program;
4 (5) parent and child reunification counseling,
5 either separately or together, preceding the inmate's
6 release; and
7 (6) a prerelease reunification staffing involving
8 the family advocate, the inmate and the child's
9 counselor, or both and the inmate.
10 (i) Prior to the release of any inmate who has a
11 documented history of intravenous drug use, and upon the
12 receipt of that inmate's written informed consent, the
13 Department shall provide for the testing of such inmate for
14 infection with human immunodeficiency virus (HIV) and any
15 other identified causative agent of acquired immunodeficiency
16 syndrome (AIDS). The testing provided under this subsection
17 shall consist of an enzyme-linked immunosorbent assay (ELISA)
18 test or such other test as may be approved by the Illinois
19 Department of Public Health. If the test result is positive,
20 the Western Blot Assay or more reliable confirmatory test
21 shall be administered. All inmates tested in accordance with
22 the provisions of this subsection shall be provided with
23 pre-test and post-test counseling. Notwithstanding any
24 provision of this subsection to the contrary, the Department
25 shall not be required to conduct the testing and counseling
26 required by this subsection unless sufficient funds to cover
27 all costs of such testing and counseling are appropriated for
28 that purpose by the General Assembly.
29 (j) The Department shall establish policies and
30 procedures to prevent the hoarding or nonmedical use of
31 medications which the Department determines to be
32 particularly dangerous or likely to be diverted from their
33 intended purpose. Those procedures can include, but need not
34 be limited to, inspection of the consumption of unit dose
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1 drugs or the crushing of medications, or both.
2 (k) Every committed person shall be tested 6 months
3 prior to being released from a Department institution or
4 facility for infection with the human immunodeficiency virus
5 (HIV) or any other identified causative agent of acquired
6 immunodeficiency syndrome (AIDS). Any such medical test
7 shall be performed only by appropriately licensed medical
8 practitioners and may include an analysis of any body fluids
9 as well as an examination of the committed person's body.
10 The Department shall report as required by law to the
11 Department of Public Health or other agencies as may be
12 required. A statistical summary of all HIV positives shall
13 be submitted to the Commission annually. Any inmate testing
14 positive shall be celled singly with other HIV positive
15 inmates.
16 (l) Every committed person shall be tested for the
17 presence of drugs at least once per year. In addition, there
18 shall also be a random selection of additional inmates to be
19 tested for drugs.
20 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
21 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)
22 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
23 Sec. 3-6-3. Rules and Regulations for Early Release.
24 (a)(1) The Department of Corrections shall
25 prescribe rules and regulations for the early release on
26 account of good conduct of persons committed to the
27 Department which shall be subject to review by the
28 Prisoner Review Board.
29 (2) The rules and regulations on early release
30 shall provide, with respect to offenses committed on or
31 after June 19, 1998 the effective date of this amendatory
32 Act of 1998, the following:
33 (i) that a prisoner who is serving a term of
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1 imprisonment for first degree murder shall receive
2 no good conduct credit and shall serve the entire
3 sentence imposed by the court;
4 (ii) that a prisoner serving a sentence for
5 attempt to commit first degree murder, solicitation
6 of murder, solicitation of murder for hire,
7 intentional homicide of an unborn child, predatory
8 criminal sexual assault of a child, aggravated
9 criminal sexual assault, criminal sexual assault,
10 aggravated kidnapping, aggravated battery with a
11 firearm, heinous battery, aggravated battery of a
12 senior citizen, or aggravated battery of a child
13 shall receive no more than 4.5 days of good conduct
14 credit for each month of his or her sentence of
15 imprisonment; and
16 (iii) that a prisoner serving a sentence for
17 home invasion, armed robbery, aggravated vehicular
18 hijacking, aggravated discharge of a firearm, or
19 armed violence with a category I weapon or category
20 II weapon, when the court has made and entered a
21 finding, pursuant to subsection (c-1) of Section
22 5-4-1 of this Code, that the conduct leading to
23 conviction for the enumerated offense resulted in
24 great bodily harm to a victim, shall receive no more
25 than 4.5 days of good conduct credit for each month
26 of his or her sentence of imprisonment.
27 (2.1) For all offenses, other than those enumerated
28 in subdivision (a)(2) committed on or after June 19, 1998
29 the effective date of this amendatory Act of 1998, and
30 other than the offense of reckless homicide as defined in
31 subsection (e) of Section 9-3 of the Criminal Code of
32 1961 committed on or after January 1, 1999, the rules and
33 regulations shall provide that a prisoner who is serving
34 a term of imprisonment shall receive one day of good
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1 conduct credit for each day of his or her sentence of
2 imprisonment or recommitment under Section 3-3-9. Each
3 day of good conduct credit shall reduce by one day the
4 prisoner's period of imprisonment or recommitment under
5 Section 3-3-9.
6 (2.2) A prisoner serving a term of natural life
7 imprisonment or a prisoner who has been sentenced to
8 death shall receive no good conduct credit.
9 (2.3) The rules and regulations on early release
10 shall provide that a prisoner who is serving a sentence
11 for reckless homicide as defined in subsection (e) of
12 Section 9-3 of the Criminal Code of 1961 committed on or
13 after January 1, 1999 shall receive no more than 4.5 days
14 of good conduct credit for each month of his or her
15 sentence of imprisonment.
16 (3) The rules and regulations shall also provide
17 that the Director may award up to 180 days additional
18 good conduct credit for meritorious service in specific
19 instances as the Director deems proper; except that no
20 more than 90 days of good conduct credit for meritorious
21 service shall be awarded to any prisoner who is serving a
22 sentence for conviction of first degree murder, reckless
23 homicide while under the influence of alcohol or any
24 other drug, aggravated kidnapping, kidnapping, predatory
25 criminal sexual assault of a child, aggravated criminal
26 sexual assault, criminal sexual assault, deviate sexual
27 assault, aggravated criminal sexual abuse, aggravated
28 indecent liberties with a child, indecent liberties with
29 a child, child pornography, heinous battery, aggravated
30 battery of a spouse, aggravated battery of a spouse with
31 a firearm, stalking, aggravated stalking, aggravated
32 battery of a child, endangering the life or health of a
33 child, cruelty to a child, or narcotic racketeering.
34 Notwithstanding the foregoing, good conduct credit for
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1 meritorious service shall not be awarded on a sentence of
2 imprisonment imposed for conviction of: (i) one of the
3 offenses enumerated in subdivision (a)(2) when the
4 offense is committed on or after June 19, 1998 or (ii)
5 reckless homicide as defined in subsection (e) of Section
6 9-3 of the Criminal Code of 1961 when the offense is
7 committed on or after January 1, 1999 the effective date
8 of this amendatory Act of 1998.
9 (4) The rules and regulations shall also provide
10 that the good conduct credit accumulated and retained
11 under paragraph (2.1) of subsection (a) of this Section
12 by any inmate during specific periods of time in which
13 such inmate is engaged full-time in substance abuse
14 programs, correctional industry assignments, or
15 educational programs provided by the Department under
16 this paragraph (4) and satisfactorily completes the
17 assigned program as determined by the standards of the
18 Department, shall be multiplied by a factor of 1.25 for
19 program participation before August 11, 1993 and 1.50 for
20 program participation on or after that date. However, no
21 inmate shall be eligible for the additional good conduct
22 credit under this paragraph (4) while assigned to a boot
23 camp, mental health unit, or electronic detention, or if
24 convicted of an offense enumerated in paragraph (a)(2) of
25 this Section that is committed on or after June 19, 1998
26 the effective date of this amendatory Act of 1998, or if
27 convicted of reckless homicide as defined in subsection
28 (e) of Section 9-3 of the Criminal Code of 1961 if the
29 offense is committed on or after January 1, 1999, or
30 first degree murder, a Class X felony, criminal sexual
31 assault, felony criminal sexual abuse, aggravated
32 criminal sexual abuse, aggravated battery with a firearm,
33 or any predecessor or successor offenses with the same or
34 substantially the same elements, or any inchoate offenses
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1 relating to the foregoing offenses. No inmate shall be
2 eligible for the additional good conduct credit under
3 this paragraph (4) who (i) has previously received
4 increased good conduct credit under this paragraph (4)
5 and has subsequently been convicted of a felony, or (ii)
6 has previously served more than one prior sentence of
7 imprisonment for a felony in an adult correctional
8 facility.
9 Educational, vocational, substance abuse and
10 correctional industry programs under which good conduct
11 credit may be increased under this paragraph (4) shall be
12 evaluated by the Department on the basis of documented
13 standards. The Department shall report the results of
14 these evaluations to the Governor and the General
15 Assembly by September 30th of each year. The reports
16 shall include data relating to the recidivism rate among
17 program participants.
18 Availability of these programs shall be subject to
19 the limits of fiscal resources appropriated by the
20 General Assembly for these purposes. Eligible inmates
21 who are denied immediate admission shall be placed on a
22 waiting list under criteria established by the
23 Department. The inability of any inmate to become engaged
24 in any such programs by reason of insufficient program
25 resources or for any other reason established under the
26 rules and regulations of the Department shall not be
27 deemed a cause of action under which the Department or
28 any employee or agent of the Department shall be liable
29 for damages to the inmate.
30 (5) Whenever the Department is to release any
31 inmate earlier than it otherwise would because of a grant
32 of good conduct credit for meritorious service given at
33 any time during the term, the Department shall give
34 reasonable advance notice of the impending release to the
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1 State's Attorney of the county where the prosecution of
2 the inmate took place.
3 (b) Whenever a person is or has been committed under
4 several convictions, with separate sentences, the sentences
5 shall be construed under Section 5-8-4 in granting and
6 forfeiting of good time.
7 (c) The Department shall prescribe rules and regulations
8 for revoking good conduct credit, or suspending or reducing
9 the rate of accumulation of good conduct credit for specific
10 rule violations, during imprisonment. These rules and
11 regulations shall provide that no inmate may be penalized
12 more than one year of good conduct credit for any one
13 infraction.
14 When the Department seeks to revoke, suspend or reduce
15 the rate of accumulation of any good conduct credits for an
16 alleged infraction of its rules, it shall bring charges
17 therefor against the prisoner sought to be so deprived of
18 good conduct credits before the Prisoner Review Board as
19 provided in subparagraph (a)(4) of Section 3-3-2 of this
20 Code, if the amount of credit at issue exceeds 30 days or
21 when during any 12 month period, the cumulative amount of
22 credit revoked exceeds 30 days except where the infraction is
23 committed or discovered within 60 days of scheduled release.
24 In those cases, the Department of Corrections may revoke up
25 to 30 days of good conduct credit. The Board may subsequently
26 approve the revocation of additional good conduct credit, if
27 the Department seeks to revoke good conduct credit in excess
28 of 30 days. However, the Board shall not be empowered to
29 review the Department's decision with respect to the loss of
30 30 days of good conduct credit within any calendar year for
31 any prisoner or to increase any penalty beyond the length
32 requested by the Department.
33 The Director of the Department of Corrections, in
34 appropriate cases, may restore up to 30 days good conduct
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1 credits which have been revoked, suspended or reduced;
2 provided, that no more than 50% of lost good conduct credit
3 may be restored. Any restoration of good conduct credits in
4 excess of 30 days shall be subject to review by the Prisoner
5 Review Board. However, the Board may not restore good conduct
6 credit in excess of the amount requested by the Director. No
7 more than 50% of lost good conduct credit may be restored by
8 the Board.
9 Nothing contained in this Section shall prohibit the
10 Prisoner Review Board from ordering, pursuant to Section
11 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
12 the sentence imposed by the court that was not served due to
13 the accumulation of good conduct credit.
14 (d) If a lawsuit is filed by a prisoner in an Illinois
15 or federal court against the State, the Department of
16 Corrections, or the Prisoner Review Board, or against any of
17 their officers or employees, and the court makes a specific
18 finding that a pleading, motion, or other paper filed by the
19 prisoner is frivolous, the Department of Corrections shall
20 conduct a hearing to revoke up to 180 days of good conduct
21 credit by bringing charges against the prisoner sought to be
22 deprived of the good conduct credits before the Prisoner
23 Review Board as provided in subparagraph (a)(8) of Section
24 3-3-2 of this Code. If the prisoner has not accumulated 180
25 days of good conduct credit at the time of the finding, then
26 the Prisoner Review Board may revoke all good conduct credit
27 accumulated by the prisoner.
28 For purposes of this subsection (d):
29 (1) "Frivolous" means that a pleading, motion, or
30 other filing which purports to be a legal document filed
31 by a prisoner in his or her lawsuit meets any or all of
32 the following criteria:
33 (A) it lacks an arguable basis either in law
34 or in fact;
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1 (B) it is being presented for any improper
2 purpose, such as to harass or to cause unnecessary
3 delay or needless increase in the cost of
4 litigation;
5 (C) the claims, defenses, and other legal
6 contentions therein are not warranted by existing
7 law or by a nonfrivolous argument for the extension,
8 modification, or reversal of existing law or the
9 establishment of new law;
10 (D) the allegations and other factual
11 contentions do not have evidentiary support or, if
12 specifically so identified, are not likely to have
13 evidentiary support after a reasonable opportunity
14 for further investigation or discovery; or
15 (E) the denials of factual contentions are not
16 warranted on the evidence, or if specifically so
17 identified, are not reasonably based on a lack of
18 information or belief.
19 (2) "Lawsuit" means a petition for post-conviction
20 relief under Article 122 of the Code of Criminal
21 Procedure of 1963, a motion pursuant to Section 116-3 of
22 the Code of Criminal Procedure of 1963, a habeas corpus
23 action under Article X of the Code of Civil Procedure or
24 under federal law (28 U.S.C. 2254), a petition for claim
25 under the Court of Claims Act or an action under the
26 federal Civil Rights Act (42 U.S.C. 1983).
27 (e) Nothing in this amendatory Act of 1998 affects the
28 validity of Public Act 89-404. and other than the offense of
29 reckless homicide as defined in subsection (e) of Section 9-3
30 of the Criminal Code of 1961 committed on or after the
31 effective date of this amendatory Act of 1998, (2.3) The
32 rules and regulations on early release shall provide that a
33 prisoner who is serving sentence for reckless homicide as
34 defined in subsection (e) of Section 9-3 of the Criminal Code
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1 of 1961 committed on or after the effective date of this
2 amendatory Act of 1998 shall receive no more than 4.5 days of
3 good conduct credit for each month of his or her sentence of
4 imprisonment.: (i) or (ii) reckless homicide as defined in
5 subsection (e) of Section 9-3 of the Criminal Code of 1961
6 when the offense is committed on or after the effective date
7 of this amendatory Act of 1998 or if convicted of reckless
8 homicide as defined in subsection (e) of Section 9-3 of the
9 Criminal Code of 1961 if the offense is committed on or after
10 the effective date of this amendatory Act of 1998,
11 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
12 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
13 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
14 Sec. 3-7-2. Facilities.
15 (a) Except as otherwise provided in subsection (i) of
16 this Section, all institutions and facilities of the
17 Department shall provide every committed person with access
18 to toilet facilities, barber facilities, bathing facilities
19 at least once each week, and a library of legal materials. A
20 committed person may have access to and published materials
21 including newspapers and magazines approved by the Director
22 that can fit into the approved storage box. A committed
23 person may not receive any materials that the Director deems
24 pornographic.
25 (b) (Blank).
26 (c) Except as otherwise provided in subsection (i) of
27 this Section, all institutions and facilities of the
28 Department shall provide facilities for every committed
29 person to leave his cell for at least one hour each day
30 unless the chief administrative officer determines that it
31 would be harmful or dangerous to the security or safety of
32 the institution or facility.
33 (d) Except as otherwise provided in subsection (i) of
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1 this Section, all institutions and facilities of the
2 Department shall provide every committed person with a
3 wholesome and nutritional diet at regularly scheduled hours,
4 drinking water, Department issued uniforms clothing adequate
5 for the season, bedding, soap and towels and medical and
6 dental care. A committed person shall be allowed to wear
7 only Department issued uniforms except for court hearings or
8 medical reasons. A committed person shall not wear any
9 streetgang colors. A committed person shall be issued a
10 picture identification card.
11 (e) Except as otherwise provided in subsection (i) of
12 this Section, all institutions and facilities of the
13 Department shall permit every committed person to send and
14 receive an unlimited number of uncensored letters, provided,
15 however, that the Director may order that mail be inspected
16 and read for reasons of the security, safety or morale of the
17 institution or facility.
18 (f) Except as otherwise provided in subsection (i) of
19 this Section, all of the institutions and facilities of the
20 Department shall permit every committed person to receive
21 visitors, except in case of abuse of the visiting privilege
22 or when the chief administrative officer determines that such
23 visiting would be harmful or dangerous to the security,
24 safety or morale of the institution or facility. The chief
25 administrative officer shall have the right to restrict
26 visitation to non-contact visits for reasons of safety,
27 security, and order, including, but not limited to,
28 restricting contact visits for committed persons engaged in
29 gang activity. Each visitor to an institution or facility of
30 the Department, including a vendor, any delivery made by
31 vendors, and each mail package shall be adequately searched.
32 (g) All institutions and facilities of the Department
33 shall permit religious ministrations and sacraments to be
34 available to every committed person, but attendance at
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1 religious services shall not be required.
2 (h) Within 90 days after December 31, 1996, the
3 Department shall prohibit the use of curtains,
4 cell-coverings, or any other matter or object that obstructs
5 or otherwise impairs the line of vision into a committed
6 person's cell.
7 (i) Every committed person who begins his or her term of
8 incarceration in a Department institution or facility shall
9 for the first 6 months of his or her incarceration be placed
10 in impact isolation. During this period of incarceration the
11 committed person shall have only the following privileges:
12 (1) Personal visitors and phone calls by his or her
13 parents, spouse, children, siblings, legal guardians,
14 counselors, attorneys, clergy, and other religious
15 personnel. The committed person shall be allowed only
16 one phone call per month and one visit to the commissary
17 per month; however, a committed person may have contact
18 visits with a physician, lawyer, and dentist and may make
19 more than one phone call per month to contact an
20 attorney, physician or dentist. The Department of
21 Corrections shall determine the maximum number of visits
22 and phone calls allowed. These visits, other than by
23 attorneys, physicians, and dentists, shall be no contact
24 visits and must be behind a partition.
25 (2) Viewing television programs that are approved
26 by the Director dealing with educational, religious,
27 informational, or training programs. The committed
28 person shall not be allowed to view entertainment or
29 sports on television.
30 (3) The committed person shall be permitted one
31 hour of recreation and hygiene outside his or her cell
32 per day. A committed person shall be locked in his or
33 her cell for the other 23 hours of each day.
34 (4) The committed person shall only eat in his or
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1 her cell and not in a common mess area or cafeteria.
2 (5) A committed person shall have access to the
3 prison law library as directed by the Department.
4 (6) The Department shall conduct any necessary
5 medical, dental, or psychological evaluation and
6 treatment of the committed person.
7 (7) The Department shall determines which
8 correctional institution or facility a committed person
9 shall be sent.
10 (8) Any program approved by the Director for drug
11 rehabilitation.
12 (9) If a committed person who is placed in impact
13 isolation violates any of the provisions of this
14 subsection (i), the 6 month impact isolation period shall
15 begin anew.
16 (j) The chief administrative officer of each facility
17 and institution of the Department shall keep a log of every
18 visit a committed person makes to the administration offices
19 of the correctional institution or facility. The log shall
20 record (1) each use of the telephone a committed person makes
21 in those offices, (2) who was present, (3) date and time, and
22 (4) length of stay in the office.
23 (k) Any committed person engaging in activities that are
24 in furtherance of the criminal objectives of a gang as
25 defined in Section 10 of the Illinois Streetgang Terrorism
26 Omnibus Prevention Act shall be placed in impact isolation
27 and be subject to the restriction imposed by subsection (i)
28 of this Section. A leader of a gang who is committed to the
29 Department shall be assigned to a maximum or super maximum
30 security prison.
31 (l) No committed person in a maximum security facility
32 or super maximum security facility or on disciplinary
33 segregation shall be allowed contact visits.
34 (m) No picnics shall be allowed at any facility.
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1 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
2 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; 90-14, eff.
3 7-1-97.)
4 (730 ILCS 5/3-7-2.5 new)
5 Sec. 3-7-2.5. Drug testing in Department facilities.
6 (a) Twenty percent of all employees and administrative
7 officers of a Department facility shall be randomly tested
8 for the presence of drugs once per year. Beginning July 1,
9 2,000, 50% shall be tested once per year.
10 (1) Any refusal to take a drug test or a positive
11 test shall result in the employee or officer's suspension
12 without pay for 15 days for the first offense.
13 (2) Any refusal to take a drug test or a positive
14 test shall result in the employee or officer's suspension
15 without pay for one month for the second offense.
16 (3) Any refusal to take a drug test or a positive
17 test for a third offense shall result in a dismissal from
18 the Department of Corrections.
19 (4) Any employee dismissed from the Department for
20 failure to take a test or for a positive test result
21 shall not be rehired for a period of 4 years and shall
22 provide proof of completion of a drug rehabilitation
23 program.
24 (b) Every person, including a correctional officer or
25 administrative officer, entering a Department facility shall
26 be searched for drugs and contraband, either in person, by a
27 machine, or by a drug dog.
28 (c) A person observed committing a crime shall be
29 referred to the State's Attorney's Office for prosecution.
30 Every violation shall be reported to the Prison Oversight
31 Commission.
32 (d) A notice shall be posted at each Department facility
33 that anyone entering the facility can be subject to a body
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1 cavity search.
2 (e) Any person who refuses to be searched shall not be
3 allowed to enter the Department facility until he or she is
4 searched.
5 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
6 Sec. 3-8-7. Disciplinary Procedures.)
7 (a) All disciplinary action shall be consistent with
8 this Chapter. Rules of behavior and conduct, the penalties
9 for violation thereof, and the disciplinary procedure by
10 which such penalties may be imposed shall be available to
11 committed persons.
12 (b) (1) Corporal punishment and disciplinary
13 restrictions on diet, medical or sanitary facilities,
14 mail or access to legal materials are prohibited.
15 (2) (Blank).
16 (3) (Blank).
17 (c) Review of disciplinary action imposed under this
18 Section shall be provided by means of the grievance procedure
19 under Section 3-8-8. The Department shall provide a
20 disciplined person with a review of his or her disciplinary
21 action in a timely manner as required by law.
22 (d) All institutions and facilities of the Adult
23 Division shall establish, subject to the approval of the
24 Director, procedures for hearing disciplinary cases except
25 those that may involve the imposition of disciplinary
26 segregation and isolation; the loss of good time credit under
27 Section 3-6-3 or eligibility to earn good time credit.
28 (e) In disciplinary cases which may involve the
29 imposition of disciplinary segregation and isolation, the
30 loss of good time credit or eligibility to earn good time
31 credit, the Director shall establish disciplinary procedures
32 consistent with the following principles:
33 (1) Any person or persons who initiate a
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1 disciplinary charge against a person shall not determine
2 the disposition of the charge. The Director may
3 establish one or more disciplinary boards to hear and
4 determine charges.
5 (2) Any committed person charged with a violation
6 of Department rules of behavior shall be given notice of
7 the charge including a statement of the misconduct
8 alleged and of the rules this conduct is alleged to
9 violate.
10 (3) Any person charged with a violation of rules is
11 entitled to a hearing on that charge at which time he
12 shall have an opportunity to appear before and address
13 the person or persons deciding the charge.
14 (4) The person or persons determining the
15 disposition of the charge may also summon to testify any
16 witnesses or other persons with relevant knowledge of the
17 incident.
18 (5) If the charge is sustained, the person charged
19 is entitled to a written statement of the decision by the
20 persons determining the disposition of the charge which
21 shall include the basis for the decision and the
22 disciplinary action, if any, to be imposed.
23 (6) (Blank).
24 (f) Every disciplinary action taken against a committed
25 person shall be numbered. The Department shall provide a
26 detailed description of every disciplinary disposition which
27 shall be submitted to the Prison Oversight Commission.
28 (g) Any initial report of a crime shall be sent to the
29 Attorney General's Office and the Internal Affairs Division
30 of the Department. The Internal Affairs Division shall
31 investigate the incident and shall report the disposition to
32 the Attorney General's office. The Attorney General's Office
33 shall provide quarterly reports to the Prison Oversight
34 Commission of all dispositions.
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1 (h) A report of a civil suit filed by a committed person
2 against the Department shall be transmitted to the Prison
3 Oversight Commission.
4 (Source: P.A. 89-688, eff. 6-1-97.)
5 (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
6 Sec. 3-12-2. Types of employment.
7 (a) The Department may establish, maintain, train and
8 employ committed persons in industries for the production of
9 articles, materials or supplies for resale to authorized
10 purchasers. It may also employ committed persons on public
11 works, buildings and property, the conservation of natural
12 resources of the State, anti-pollution or environmental
13 control projects, or for other public purposes, for the
14 maintenance of the Department's buildings and properties and
15 for the production of food or other necessities for its
16 programs. The Department may establish, maintain and employ
17 committed persons in the production of vehicle registration
18 plates. A committed person's labor shall not be sold,
19 contracted or hired out by the Department except under this
20 Article and under Section 3-9-2.
21 (b) Works of art, literature, handicraft, embroidery, or
22 other items produced by committed persons as an avocation and
23 not as a product of a work program of the Department may be
24 sold to the public under rules and regulations established by
25 the Department. All products must comply with copyright
26 laws. The cost of selling such products may be deducted from
27 the proceeds, and the balance shall be credited to the
28 person's account under Section 3-4-3. The Department shall
29 notify the Attorney General of the existence of any proceeds
30 which it believes should be applied towards a satisfaction,
31 in whole or in part, of the person's incarceration costs.
32 (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
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1 (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
2 Sec. 3-12-5. Compensation. Persons performing a work
3 assignment under subsection (a) of Section 3-12-2 may receive
4 wages under rules and regulations of the Department. In
5 determining rates of compensation, the Department shall
6 consider the effort, skill and economic value of the work
7 performed. Compensation may be given to persons who
8 participate in other programs of the Department. Of the
9 compensation earned pursuant to this Section, at least 50%
10 shall be held in an account administered by the Department to
11 be transmitted to the committed person upon release from the
12 Department facility a portion, as determined by the
13 Department, shall be used to offset the cost of the committed
14 person's incarceration. If the committed person files a
15 lawsuit determined frivolous under Article XXII of the Code
16 of Civil Procedure, 50% of the compensation shall be used to
17 offset the filing fees and costs of the lawsuit as provided
18 in that Article until all fees and costs are paid in full.
19 All other wages shall be deposited in the individual's
20 account under rules and regulations of the Department. The
21 Department shall notify the Attorney General of any
22 compensation applied towards a satisfaction, in whole or in
23 part, of the person's incarceration costs.
24 (Source: P.A. 90-505, eff. 8-19-97.)
25 (730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
26 Sec. 3-12-7. Purchasers; Allocation. (a) The State, its
27 political units, its agencies and public institutions shall
28 purchase from the Department all articles, materials,
29 industry related services, food stuffs, and supplies required
30 by them which are produced or manufactured by persons
31 confined in institutions and facilities of the Department.
32 Political units do not include political action committees.
33 The Secretary of State may purchase from the Department
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1 vehicle registration plates produced by persons confined in
2 institutions and facilities of the Department. The Secretary
3 shall determine reasonable specifications and prices of such
4 vehicle registration plates as agreed upon with the
5 Department. Not-for-profit corporations chartered in Illinois
6 or other States may purchase such goods and services. Units
7 of the Federal government and units of government in other
8 States may also purchase such goods and services. All
9 entities which contract with the State, its political units,
10 its agencies, its public institutions or not-for-profit
11 corporations chartered in Illinois, may purchase goods or
12 services from the Department which are used in the
13 performance of such contracts. The Department shall not
14 donate any products to a political action committee. Nothing
15 shall prohibit the Department from bidding on portions of a
16 State contract which are subcontracted by the primary
17 contractor. The public may purchase crushed limestone and
18 lime dust for agricultural and horticultural purposes and
19 hardwood. The Department may also sell grain from its
20 agricultural operations on the open market. All other
21 articles, materials, industry related services, food stuffs
22 and supplies which are produced or manufactured by persons
23 confined in institutions and facilities of the Department
24 shall be available for sale on the open market.
25 (b) Allocation of goods shall be made in the following
26 manner:
27 (1) first, for needs of the Department;
28 (2) second, for the State, its agencies and public
29 institutions;
30 (3) third, for those political subdivisions of the State
31 and their agencies in which the producing institution or
32 facility of the Department is located;
33 (4) fourth, for other political subdivisions of the
34 State and their agencies and public institutions;
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1 (5) fifth, for sale on the open market;
2 (6) sixth, for not for profit corporations chartered in
3 Illinois;
4 (7) seventh, for units of government in other states;
5 (8) eighth, for units of the Federal government;
6 (9) ninth, for not-for-profit organizations chartered in
7 other states;
8 (10) tenth, all other permitted purchasers.
9 (c) Exemption from required purchases shall be on
10 certification of the Department that the items requested are
11 not then available.
12 (Source: P.A. 86-450.)
13 (730 ILCS 5/3-12-15 new)
14 Sec. 3-12-15. Special Task Force on Prison Industries.
15 (a) There is created a Special Task Force on Prison
16 Industries. The Special Task Force on Prison Industries shall
17 be composed of 15 members appointed by the Governor from the
18 Department of Corrections; corporations; unions; community
19 leaders; business; non-profit groups and retail merchants.
20 The Task Force shall:
21 (i) Find products that can be produced by committed
22 persons, but do not take jobs from local communities.
23 (ii) Find community projects for the committed
24 persons to help local communities and religious
25 institutions.
26 (iii) Develop and implement a plan for prison
27 industry expansion in Illinois.
28 (iv) Identify appropriate profitable markets which
29 prison industries may develop or expand, or both.
30 (v) Resolve potential conflicts to expansion such
31 as union objections, existing laws and regulations, and
32 private sector competition.
33 (vi) Review current State and private non-profit
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1 agencies' purchasing as it relates to prison industry
2 goods and services.
3 (vii) Assist in reducing the tax burden for
4 escalating correctional costs and related costs.
5 (viii) Increase public, business, and legislative
6 awareness of prison industry and to solicit their support
7 for expansion.
8 (ix) Examine and make recommendations regarding
9 public or private joint ventures.
10 (b) Members of the Task Force shall receive a per diem
11 for their services as provided by law and shall report their
12 findings to the Governor and General Assembly by March 15,
13 2001.
14 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
15 Sec. 5-4-1. Sentencing Hearing.
16 (a) Except when the death penalty is sought under
17 hearing procedures otherwise specified, after a determination
18 of guilt, a hearing shall be held to impose the sentence.
19 However, prior to the imposition of sentence on an individual
20 being sentenced for an offense based upon a charge for a
21 violation of Section 11-501 of the Illinois Vehicle Code or a
22 similar provision of a local ordinance, the individual must
23 undergo a professional evaluation to determine if an alcohol
24 or other drug abuse problem exists and the extent of such a
25 problem. Programs conducting these evaluations shall be
26 licensed by the Department of Human Services. However, if
27 the individual is not a resident of Illinois, the court may,
28 in its discretion, accept an evaluation from a program in the
29 state of such individual's residence. The court may in its
30 sentencing order approve an eligible defendant for placement
31 in a Department of Corrections impact incarceration program
32 as provided in Section 5-8-1.1. At the hearing the court
33 shall:
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1 (1) consider the evidence, if any, received upon
2 the trial;
3 (2) consider any presentence reports;
4 (3) consider the financial impact of incarceration
5 based on the financial impact statement filed with the
6 clerk of the court by the Department of Corrections;
7 (4) consider evidence and information offered by
8 the parties in aggravation and mitigation;
9 (5) hear arguments as to sentencing alternatives;
10 (6) afford the defendant the opportunity to make a
11 statement in his own behalf;
12 (7) afford the victim of a violent crime or a
13 violation of Section 11-501 of the Illinois Vehicle Code,
14 or a similar provision of a local ordinance, committed by
15 the defendant the opportunity to make a statement
16 concerning the impact on the victim and to offer evidence
17 in aggravation or mitigation; provided that the statement
18 and evidence offered in aggravation or mitigation must
19 first be prepared in writing in conjunction with the
20 State's Attorney before it may be presented orally at the
21 hearing. Any sworn testimony offered by the victim is
22 subject to the defendant's right to cross-examine. All
23 statements and evidence offered under this paragraph (7)
24 shall become part of the record of the court; and
25 (8) in cases of reckless homicide afford the
26 victim's spouse, guardians, parents or other immediate
27 family members an opportunity to make oral statements.
28 (b) All sentences shall be imposed by the judge based
29 upon his independent assessment of the elements specified
30 above and any agreement as to sentence reached by the
31 parties. The judge who presided at the trial or the judge
32 who accepted the plea of guilty shall impose the sentence
33 unless he is no longer sitting as a judge in that court.
34 Where the judge does not impose sentence at the same time on
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1 all defendants who are convicted as a result of being
2 involved in the same offense, the defendant or the State's
3 Attorney may advise the sentencing court of the disposition
4 of any other defendants who have been sentenced.
5 (c) In imposing a sentence for a violent crime or for an
6 offense of operating or being in physical control of a
7 vehicle while under the influence of alcohol, any other drug
8 or any combination thereof, or a similar provision of a local
9 ordinance, when such offense resulted in the personal injury
10 to someone other than the defendant, the trial judge shall
11 specify on the record the particular evidence, information,
12 factors in mitigation and aggravation or other reasons that
13 led to his sentencing determination. The full verbatim record
14 of the sentencing hearing shall be filed with the clerk of
15 the court and shall be a public record.
16 (c-1) In imposing a sentence for the offense of
17 aggravated kidnapping for ransom, home invasion, armed
18 robbery, aggravated vehicular hijacking, aggravated discharge
19 of a firearm, or armed violence with a category I weapon or
20 category II weapon, the trial judge shall make a finding as
21 to whether the conduct leading to conviction for the offense
22 resulted in great bodily harm to a victim, and shall enter
23 that finding and the basis for that finding in the record.
24 (c-2) If the defendant is sentenced to prison, other
25 than when a sentence of natural life imprisonment or a
26 sentence of death is imposed, at the time the sentence is
27 imposed the judge shall state on the record in open court the
28 approximate period of time the defendant will serve in
29 custody according to the then current statutory rules and
30 regulations for early release found in Section 3-6-3 and
31 other related provisions of this Code. This statement is
32 intended solely to inform the public, has no legal effect on
33 the defendant's actual release, and may not be relied on by
34 the defendant on appeal.
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1 The judge's statement, to be given after pronouncing the
2 sentence, other than when the sentence is imposed for one of
3 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
4 shall include the following:
5 "The purpose of this statement is to inform the public of
6 the actual period of time this defendant is likely to spend
7 in prison as a result of this sentence. The actual period of
8 prison time served is determined by the statutes of Illinois
9 as applied to this sentence by the Illinois Department of
10 Corrections and the Illinois Prisoner Review Board. In this
11 case, assuming the defendant receives all of his or her good
12 conduct credit, the period of estimated actual custody is ...
13 years and ... months, less up to 180 days additional good
14 conduct credit for meritorious service. If the defendant,
15 because of his or her own misconduct or failure to comply
16 with the institutional regulations, does not receive those
17 credits, the actual time served in prison will be longer.
18 The defendant may also receive an additional one-half day
19 good conduct credit for each day of participation in
20 vocational, industry, substance abuse, and educational
21 programs as provided for by Illinois statute."
22 When the sentence is imposed for one of the offenses
23 enumerated in paragraph (a)(3) of Section 3-6-3, other than
24 when the sentence is imposed for one of the offenses
25 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
26 or after June 19, 1998 the effective date of this amendatory
27 Act of 1998, and other than when the sentence is imposed for
28 reckless homicide as defined in subsection (e) of Section 9-3
29 of the Criminal Code of 1961 if the offense was committed on
30 or after January 1, 1999, the judge's statement, to be given
31 after pronouncing the sentence, shall include the following:
32 "The purpose of this statement is to inform the public of
33 the actual period of time this defendant is likely to spend
34 in prison as a result of this sentence. The actual period of
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1 prison time served is determined by the statutes of Illinois
2 as applied to this sentence by the Illinois Department of
3 Corrections and the Illinois Prisoner Review Board. In this
4 case, assuming the defendant receives all of his or her good
5 conduct credit, the period of estimated actual custody is ...
6 years and ... months, less up to 90 days additional good
7 conduct credit for meritorious service. If the defendant,
8 because of his or her own misconduct or failure to comply
9 with the institutional regulations, does not receive those
10 credits, the actual time served in prison will be longer.
11 The defendant may also receive an additional one-half day
12 good conduct credit for each day of participation in
13 vocational, industry, substance abuse, and educational
14 programs as provided for by Illinois statute."
15 When the sentence is imposed for one of the offenses
16 enumerated in paragraph (a)(2) of Section 3-6-3, other than
17 first degree murder, and the offense was committed on or
18 after June 19, 1998 the effective date of this amendatory Act
19 of 1998, and when the sentence is imposed for reckless
20 homicide as defined in subsection (e) of Section 9-3 of the
21 Criminal Code of 1961 if the offense was committed on or
22 after January 1, 1999, the judge's statement, to be given
23 after pronouncing the sentence, shall include the following:
24 "The purpose of this statement is to inform the public of
25 the actual period of time this defendant is likely to spend
26 in prison as a result of this sentence. The actual period of
27 prison time served is determined by the statutes of Illinois
28 as applied to this sentence by the Illinois Department of
29 Corrections and the Illinois Prisoner Review Board. In this
30 case, the defendant is entitled to no more than 4 1/2 days of
31 good conduct credit for each month of his or her sentence of
32 imprisonment. Therefore, this defendant will serve at least
33 85% of his or her sentence. Assuming the defendant receives
34 4 1/2 days credit for each month of his or her sentence, the
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1 period of estimated actual custody is ... years and ...
2 months. If the defendant, because of his or her own
3 misconduct or failure to comply with the institutional
4 regulations receives lesser credit, the actual time served in
5 prison will be longer."
6 When a sentence of imprisonment is imposed for first
7 degree murder and the offense was committed on or after June
8 19, 1998 the effective date of this amendatory Act of 1998,
9 the judge's statement, to be given after pronouncing the
10 sentence, shall include the following:
11 "The purpose of this statement is to inform the public of
12 the actual period of time this defendant is likely to spend
13 in prison as a result of this sentence. The actual period of
14 prison time served is determined by the statutes of Illinois
15 as applied to this sentence by the Illinois Department of
16 Corrections and the Illinois Prisoner Review Board. In this
17 case, the defendant is not entitled to good conduct credit.
18 Therefore, this defendant will serve 100% of his or her
19 sentence."
20 (d) When the defendant is committed to the Department of
21 Corrections, the State's Attorney shall and counsel for the
22 defendant may file a statement with the clerk of the court to
23 be transmitted to the department, agency or institution to
24 which the defendant is committed to furnish such department,
25 agency or institution with the facts and circumstances of the
26 offense for which the person was committed together with all
27 other factual information accessible to them in regard to the
28 person prior to his commitment relative to his habits,
29 associates, gang affiliation, disposition and reputation and
30 any other facts and circumstances which may aid such
31 department, agency or institution during its custody of such
32 person. The clerk shall within 10 days after receiving any
33 such statements transmit a copy to such department, agency or
34 institution and a copy to the other party, provided, however,
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1 that this shall not be cause for delay in conveying the
2 person to the department, agency or institution to which he
3 has been committed.
4 (e) The clerk of the court shall transmit a
5 typed-written statement sealed by the court, stamp, order, or
6 judge's signature to the department, agency or institution,
7 if any, to which the defendant is committed, the following:
8 (1) an original or certified copy of a standardized
9 sentencing order signed by the committing judge, which
10 shall include the name of the defendant, the case number,
11 the date of birth of the defendant, the statutory
12 citation of the crime or crimes, and the class of the
13 crime or crimes; along with other pertinent sentencing
14 information.
15 (1) the sentence imposed;
16 (2) any statement by the court of the basis for
17 imposing the sentence;
18 (3) any presentence reports;
19 (4) the number of days, if any, which the defendant
20 has been in custody and for which he is entitled to
21 credit against the sentence, which information shall be
22 provided to the clerk by the sheriff;
23 (4.1) any finding of great bodily harm made by the
24 court with respect to an offense enumerated in subsection
25 (c-1);
26 (5) all statements filed under subsection (d) of
27 this Section;
28 (6) any medical or mental health records or
29 summaries of the defendant;
30 (7) the municipality where the arrest of the
31 offender or the commission of the offense has occurred,
32 and the municipality the offender resided in at the time
33 of the commission of the offense where such municipality
34 has a population of more than 25,000 persons;
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1 (8) any gang membership of the defendant;
2 (9) (8) all statements made and evidence offered
3 under paragraph (7) of subsection (a) of this Section;
4 and
5 (10) (9) all additional matters which the court
6 directs the clerk to transmit.
7 (f) All documentation required to be transmitted under
8 subsections (d) and (e) of this Section including a statement
9 of facts shall be provided to the department, agency, or
10 institution to which the defendant is committed at the time
11 the defendant is transported to that department, agency or
12 institution. However, failure to provide documentation
13 required by subsection (d) of this Section shall not be cause
14 for delay in conveying the person to the department, agency,
15 or institution to which he or she has been committed.
16 (g) The Department of Corrections may by rule establish
17 procedures and periodically update any accepted standardized
18 sentencing order to be used for Department of Corrections
19 commitments, as approved by the Joint Committee on
20 Administrative Rules. Future material changes must be
21 approved by the Joint Committee on Administrative Rules.
22 (h) The Department of Corrections shall provide the
23 necessary forms as determined by the Director. and other than
24 when the sentence is imposed for reckless homicide as defined
25 in subsection (e) of Section 9-3 of the Criminal Code of 1961
26 if the offense was committed on or after the effective date
27 of this amendatory Act of 1998, and when the sentence is
28 imposed for reckless homicide as defined in subsection (e) of
29 Section 9-3 of the Criminal Code of 1961 if the offense was
30 committed on or after the effective date of this amendatory
31 Act of 1998,
32 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
33 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff.
34 1-1-99; revised 9-16-98.)
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1 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
2 Sec. 5-5-6. In all convictions for offenses in violation
3 of the Criminal Code of 1961 in which the person received any
4 injury to their person or damage to their real or personal
5 property as a result of the criminal act of the defendant,
6 the court shall order restitution as provided in this
7 Section. When the offender is sentenced to make restitution
8 the Court shall determine the restitution as hereinafter set
9 forth:
10 (a) At the sentence hearing, the court shall
11 determine whether the property may be restored in kind to
12 the possession of the owner or the person entitled to
13 possession thereof; or whether the defendant is possessed
14 of sufficient skill to repair and restore property
15 damaged; or whether the defendant should be required to
16 make restitution in cash, for out-of-pocket expenses,
17 damages, losses, or injuries found to have been
18 proximately caused by the conduct of the defendant or
19 another for whom the defendant is legally accountable
20 under the provisions of Article V of the Criminal Code of
21 1961.
22 (b) In fixing the amount of restitution to be paid
23 in cash, the court shall allow credit for property
24 returned in kind, for property damages ordered to be
25 repaired by the defendant, and for property ordered to be
26 restored by the defendant; and after granting the credit,
27 the court shall assess the actual out-of-pocket expenses,
28 losses, damages, and injuries suffered by the victim
29 named in the charge and any other victims who may also
30 have suffered out-of-pocket expenses, losses, damages,
31 and injuries proximately caused by the same criminal
32 conduct of the defendant, and insurance carriers who have
33 indemnified the named victim or other victims for the
34 out-of-pocket expenses, losses, damages, or injuries,
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1 provided that in no event shall restitution be ordered to
2 be paid on account of pain and suffering. If a defendant
3 is placed on supervision for, or convicted of, domestic
4 battery, the defendant shall be required to pay
5 restitution to any domestic violence shelter in which the
6 victim and any other family or household members lived
7 because of the domestic battery. The amount of the
8 restitution shall equal the actual expenses of the
9 domestic violence shelter in providing housing and any
10 other services for the victim and any other family or
11 household members living at the shelter. If a defendant
12 fails to pay restitution in the manner or within the time
13 period specified by the court, the court may enter an
14 order directing the sheriff to seize any real or personal
15 property of a defendant to the extent necessary to
16 satisfy the order of restitution and dispose of the
17 property by public sale. All proceeds from such sale in
18 excess of the amount of restitution plus court costs and
19 the costs of the sheriff in conducting the sale shall be
20 paid to the defendant.
21 (c) In cases where more than one defendant is
22 accountable for the same criminal conduct that results in
23 out-of-pocket expenses, losses, damages, or injuries,
24 each defendant shall be ordered to pay restitution in the
25 amount of the total actual out-of-pocket expenses,
26 losses, damages, or injuries to the victim proximately
27 caused by the conduct of all of the defendants who are
28 legally accountable for the offense.
29 (1) In no event shall the victim be entitled
30 to recover restitution in excess of the actual
31 out-of-pocket expenses, losses, damages, or
32 injuries, proximately caused by the conduct of all
33 of the defendants.
34 (2) As between the defendants, the court may
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1 apportion the restitution that is payable in
2 proportion to each co-defendant's culpability in the
3 commission of the offense.
4 (3) In the absence of a specific order
5 apportioning the restitution, each defendant shall
6 bear his pro rata share of the restitution.
7 (4) As between the defendants, each defendant
8 shall be entitled to a pro rata reduction in the
9 total restitution required to be paid to the victim
10 for amounts of restitution actually paid by
11 co-defendants, and defendants who shall have paid
12 more than their pro rata share shall be entitled to
13 refunds to be computed by the court as additional
14 amounts are paid by co-defendants.
15 (d) In instances where a defendant has more than
16 one criminal charge pending against him in a single case,
17 or more than one case, and the defendant stands convicted
18 of one or more charges, a plea agreement negotiated by
19 the State's Attorney and the defendants may require the
20 defendant to make restitution to victims of charges that
21 have been dismissed or which it is contemplated will be
22 dismissed under the terms of the plea agreement, and
23 under the agreement, the court may impose a sentence of
24 restitution on the charge or charges of which the
25 defendant has been convicted that would require the
26 defendant to make restitution to victims of other
27 offenses as provided in the plea agreement.
28 (e) The court may require the defendant to apply
29 the balance of the cash bond, after payment of court
30 costs, and any fine that may be imposed to the payment of
31 restitution.
32 (f) Taking into consideration the ability of the
33 defendant to pay, the court shall determine whether
34 restitution shall be paid in a single payment or in
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1 installments, and shall fix a period of time not in
2 excess of 5 years, or if the defendant is incarcerated in
3 a Department of Corrections facility for a period of time
4 not in excess of 10 years following release, not
5 including periods of incarceration, within which payment
6 of restitution is to be paid in full. However, if the
7 court deems it necessary and in the best interest of the
8 victim, the court may extend beyond 5 years the period of
9 time within which the payment of restitution is to be
10 paid. If the defendant is ordered to pay restitution and
11 the court orders that restitution is to be paid over a
12 period greater than 6 months, the court shall order that
13 the defendant make monthly payments; the court may waive
14 this requirement of monthly payments only if there is a
15 specific finding of good cause for waiver.
16 (g) The court shall, after determining that the
17 defendant has the ability to pay, require the defendant
18 to pay for the victim's counseling services if:
19 (1) the defendant was convicted of an offense
20 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
21 12-14.1, 12-15 or 12-16 of the Criminal Code of
22 1961, or was charged with such an offense and the
23 charge was reduced to another charge as a result of
24 a plea agreement under subsection (d) of this
25 Section, and
26 (2) the victim was under 18 years of age at
27 the time the offense was committed and requires
28 counseling as a result of the offense.
29 The payments shall be made by the defendant to the
30 clerk of the circuit court and transmitted by the clerk
31 to the appropriate person or agency as directed by the
32 court. The order may require such payments to be made
33 for a period not to exceed 5 years after sentencing, or
34 10 years if the defendant has been incarcerated in a
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1 Department of Corrections facility following release, not
2 including periods of incarceration.
3 (h) The judge may enter an order of withholding to
4 collect the amount of restitution owed in accordance with
5 Part 8 of Article XII of the Code of Civil Procedure.
6 (i) A sentence of restitution may be modified or
7 revoked by the court if the offender commits another
8 offense, or the offender fails to make restitution as
9 ordered by the court, but no sentence to make restitution
10 shall be revoked unless the court shall find that the
11 offender has had the financial ability to make
12 restitution, and he has wilfully refused to do so. If
13 the court shall find that the defendant has failed to
14 make restitution and that the failure is not wilful, the
15 court may impose an additional period of time within
16 which to make restitution. The length of the additional
17 period shall not be more than 2 years. The court shall
18 retain all of the incidents of the original sentence,
19 including the authority to modify or enlarge the
20 conditions, and to revoke or further modify the sentence
21 if the conditions of payment are violated during the
22 additional period.
23 (j) The procedure upon the filing of a Petition to
24 Revoke a sentence to make restitution shall be the same
25 as the procedures set forth in Section 5-6-4 of this Code
26 governing violation, modification, or revocation of
27 Probation, of Conditional Discharge, or of Supervision.
28 (k) Nothing contained in this Section shall
29 preclude the right of any party to proceed in a civil
30 action to recover for any damages incurred due to the
31 criminal misconduct of the defendant.
32 (l) Restitution ordered under this Section shall
33 not be subject to disbursement by the circuit clerk under
34 Section 27.5 of the Clerks of Courts Act.
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1 (m) A restitution order under this Section is a
2 judgment lien in favor of the victim that:
3 (1) Attaches to the property of the person
4 subject to the order;
5 (2) May be perfected in the same manner as
6 provided in Part 3 of Article 9 of the Uniform
7 Commercial Code;
8 (3) May be enforced to satisfy any payment
9 that is delinquent under the restitution order by
10 the person in whose favor the order is issued or the
11 person's assignee; and
12 (4) Expires in the same manner as a judgment
13 lien created in a civil proceeding.
14 When a restitution order is issued under this
15 Section, the issuing court shall send a certified copy of
16 the order to the clerk of the circuit court in the county
17 where the charge was filed. Upon receiving the order,
18 the clerk shall enter and index the order in the circuit
19 court judgment docket.
20 (n) An order of restitution under this Section does
21 not bar a civil action for:
22 (1) Damages that the court did not require the
23 person to pay to the victim under the restitution
24 order but arise from an injury or property damages
25 that is the basis of restitution ordered by the
26 court; and
27 (2) Other damages suffered by the victim.
28 The restitution order is not discharged by the completion
29 of the sentence imposed for the offense.
30 A restitution order under this Section is not discharged
31 by the liquidation of a person's estate by a receiver. A
32 restitution order under this Section may be enforced in the
33 same manner as judgment liens are enforced under Article XII
34 of the Code of Civil Procedure.
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1 The provisions of Section 2-1303 of the Code of Civil
2 Procedure, providing for interest on judgments, apply to
3 judgments for restitution entered under this Section.
4 (o) A restitution order may require the defendant
5 to pay an amount not to exceed 25% of his or her net
6 income to satisfy the restitution payment.
7 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
8 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
9 12-31-96; 90-465, eff. 1-1-98.)
10 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
11 Sec. 5-8-4. Concurrent and Consecutive Terms of
12 Imprisonment.
13 (a) When multiple sentences of imprisonment are imposed
14 on a defendant at the same time, or when a term of
15 imprisonment is imposed on a defendant who is already subject
16 to sentence in this State or in another state, or for a
17 sentence imposed by any district court of the United States,
18 the sentences shall run concurrently or consecutively as
19 determined by the court. When a term of imprisonment is
20 imposed on a defendant by an Illinois circuit court and the
21 defendant is subsequently sentenced to a term of imprisonment
22 by another state or by a district court of the United States,
23 the Illinois circuit court which imposed the sentence may
24 order that the Illinois sentence be made concurrent with the
25 sentence imposed by the other state or district court of the
26 United States. The defendant must apply to the circuit court
27 within 30 days after the defendant's sentence imposed by the
28 other state or district of the United States is finalized.
29 The court shall not impose consecutive sentences for offenses
30 which were committed as part of a single course of conduct
31 during which there was no substantial change in the nature of
32 the criminal objective, unless, one of the offenses for which
33 defendant was convicted was a Class X or Class 1 felony and
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1 the defendant inflicted severe bodily injury, or where the
2 defendant was convicted of a violation of Section 12-13,
3 12-14, or 12-14.1 of the Criminal Code of 1961, in which
4 event the court shall enter sentences to run consecutively.
5 Sentences shall run concurrently unless otherwise specified
6 by the court.
7 (b) The court shall not impose a consecutive sentence
8 except as provided for in subsection (a) unless, having
9 regard to the nature and circumstances of the offense and the
10 history and character of the defendant, it is of the opinion
11 that such a term is required to protect the public from
12 further criminal conduct by the defendant, the basis for
13 which the court shall set forth in the record; except that no
14 such finding or opinion is required when multiple sentences
15 of imprisonment are imposed on a defendant for offenses that
16 were not committed as part of a single course of conduct
17 during which there was no substantial change in the nature of
18 the criminal objective, and one of the offenses for which the
19 defendant was convicted was a Class X or Class 1 felony and
20 the defendant inflicted severe bodily injury, or when the
21 defendant was convicted of a violation of Section 12-13,
22 12-14, or 12-14.1 of the Criminal Code of 1961, in which
23 event the Court shall enter sentences to run consecutively.
24 (c) (1) For sentences imposed under law in effect prior
25 to February 1, 1978 the aggregate maximum of consecutive
26 sentences shall not exceed the maximum term authorized
27 under Section 5-8-1 for the 2 most serious felonies
28 involved. The aggregate minimum period of consecutive
29 sentences shall not exceed the highest minimum term
30 authorized under Section 5-8-1 for the 2 most serious
31 felonies involved. When sentenced only for misdemeanors,
32 a defendant shall not be consecutively sentenced to more
33 than the maximum for one Class A misdemeanor.
34 (2) For sentences imposed under the law in effect
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1 on or after February 1, 1978, the aggregate of
2 consecutive sentences for offenses that were committed as
3 part of a single course of conduct during which there was
4 no substantial change in the nature of the criminal
5 objective shall not exceed the sum of the maximum terms
6 authorized under Section 5-8-2 for the 2 most serious
7 felonies involved, but no such limitation shall apply for
8 offenses that were not committed as part of a single
9 course of conduct during which there was no substantial
10 change in the nature of the criminal objective. When
11 sentenced only for misdemeanors, a defendant shall not be
12 consecutively sentenced to more than the maximum for one
13 Class A misdemeanor.
14 (d) An offender serving a sentence for a misdemeanor who
15 is convicted of a felony and sentenced to imprisonment shall
16 be transferred to the Department of Corrections, and the
17 misdemeanor sentence shall be merged in and run concurrently
18 with the felony sentence.
19 (e) In determining the manner in which consecutive
20 sentences of imprisonment, one or more of which is for a
21 felony, will be served, the Department of Corrections shall
22 treat the offender as though he had been committed for a
23 single term with the following incidents:
24 (1) the maximum period of a term of imprisonment
25 shall consist of the aggregate of the maximums of the
26 imposed indeterminate terms, if any, plus the aggregate
27 of the imposed determinate sentences for felonies plus
28 the aggregate of the imposed determinate sentences for
29 misdemeanors subject to paragraph (c) of this Section;
30 (2) the parole or mandatory supervised release term
31 shall be as provided in paragraph (e) of Section 5-8-1 of
32 this Code for the most serious of the offenses involved;
33 (3) the minimum period of imprisonment shall be the
34 aggregate of the minimum and determinate periods of
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1 imprisonment imposed by the court, subject to paragraph
2 (c) of this Section; and
3 (4) the offender shall be awarded credit against
4 the aggregate maximum term and the aggregate minimum term
5 of imprisonment for all time served in an institution
6 since the commission of the offense or offenses and as a
7 consequence thereof at the rate specified in Section
8 3-6-3 of this Code.
9 (f) A sentence of an offender committed to the
10 Department of Corrections at the time of the commission of
11 the offense shall be served consecutive to the sentence under
12 which he is held by the Department of Corrections. However,
13 in case such offender shall be sentenced to punishment by
14 death, the sentence shall be executed at such time as the
15 court may fix without regard to the sentence under which such
16 offender may be held by the Department.
17 (g) A sentence under Section 3-6-4 for escape or
18 attempted escape shall be served consecutive to the terms
19 under which the offender is held by the Department of
20 Corrections.
21 (h) If a person charged with a felony commits a separate
22 felony while on pre-trial release or in pretrial detention in
23 a county jail facility or county detention facility, the
24 sentences imposed upon conviction of these felonies shall be
25 served consecutively regardless of the order in which the
26 judgments of conviction are entered.
27 (i) If a person admitted to bail following conviction of
28 a felony commits a separate felony while free on bond or if a
29 person detained in a county jail facility or county detention
30 facility following conviction of a felony commits a separate
31 felony while in detention, any sentence following conviction
32 of the separate felony shall be consecutive to that of the
33 original sentence for which the defendant was on bond or
34 detained.
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1 (j) Notwithstanding any other provision of this Section
2 to the contrary, a person convicted of a criminal offense
3 committed as an inmate in a Department of Corrections
4 facility shall be served consecutive to the term under which
5 the offender is held by the Department of Corrections.
6 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
7 90-128, eff. 7-22-97.)
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7 from Ch. 116, par. 207
4 720 ILCS 5/31A-2 new
5 720 ILCS 5/31A-3 new
6 725 ILCS 5/115-21 new
7 730 ILCS 5/3-2-10 new
8 730 ILCS 5/3-2-11 new
9 730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3
10 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
11 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
12 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
13 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
14 730 ILCS 5/3-7-2.5 new
15 730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
16 730 ILCS 5/3-12-2 from Ch. 38, par. 1003-12-2
17 730 ILCS 5/3-12-5 from Ch. 38, par. 1003-12-5
18 730 ILCS 5/3-12-7 from Ch. 38, par. 1003-12-7
19 730 ILCS 5/3-12-15 new
20 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
21 730 ILCS 5/5-5-6 from Ch. 38, par. 1005-5-6
22 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4