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91_HB4124eng HB4124 Engrossed LRB9111987RCmb 1 AN ACT in relation to corrections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Corrections Law of the 5 Civil Administrative Code of Illinois is amended by changing 6 Section 5-335 as follows: 7 (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a) 8 Sec. 5-335. In the Department of Corrections. The 9 Director of Corrections shall receive an annual salary as set 10 by the Governor from time to time or as set by the 11 Compensation Review Board, whichever is greater. 12 The Assistant Director of Corrections - Juvenile Division 13 shall receive an annual salary as set by the Governor from 14 time to time or as set by the Compensation Review Board, 15 whichever is greater. 16 The Assistant Director of Corrections - Adult Division 17 shall receive an annual salary as set by the Governor from 18 time to time or as set by the Compensation Review Board, 19 whichever is greater. 20 The Assistant Director of Corrections Gang Monitoring and 21 Control Unit is to receive an annual salary as set by the 22 Compensation Review Board. 23 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 24 revised 8-1-99.) 25 Section 10. The Unified Code of Corrections is amended 26 by changing Sections 3-2-5, 3-2-6, and 3-7-2 and adding 27 Section 3-6-2.5 as follows: 28 (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5) 29 Sec. 3-2-5. Organization of the Department. HB4124 Engrossed -2- LRB9111987RCmb 1 (a) There shall be an Adult Division within the 2 Department which shall be administered by an Assistant 3 Director appointed by the Governor under The Civil 4 Administrative Code of Illinois. The Assistant Director shall 5 be under the direction of the Director. The Adult Division 6 shall be responsible for all persons committed or transferred 7 to the Department under Sections 3-10-7 or 5-8-6 of this 8 Code. 9 (b) There shall be a Juvenile Division within the 10 Department which shall be administered by an Assistant 11 Director appointed by the Governor under The Civil 12 Administrative Code of Illinois. The Assistant Director shall 13 be under the direction of the Director. The Juvenile Division 14 shall be responsible for all persons committed to the 15 Juvenile Division of the Department under Section 5-8-6 of 16 this Code or Section 5-10 of the Juvenile Court Act or 17 Section 5-750 of the Juvenile Court Act of 1987. 18 (c) There is a Gang Monitoring and Control Unit within 19 the Department that is to be administered by an Assistant 20 Director appointed by the Governor under the Civil 21 Administrative Code of Illinois. The Assistant Director is 22 under the direction of the Director. The Gang Monitoring and 23 Control Unit is responsible for working with the Gang 24 Monitoring and Control Advisory Committee to develop new 25 programs and to coordinate existing programs for the control 26 of gangs within State correctional facilities. In addition, 27 the Gang Monitoring and Control Unit is responsible for 28 working with the Adult Division and the Juvenile Division to 29 monitor the effectiveness of gang control programs. 30 (Source: P.A. 90-590, eff. 1-1-99.) 31 (730 ILCS 5/3-2-6) (from Ch. 38, par. 1003-2-6) 32 Sec. 3-2-6. Advisory Boards. (a) There shall be an Adult 33 Advisory Board and a Juvenile Advisory Board each composed of HB4124 Engrossed -3- LRB9111987RCmb 1 11 persons, one of whom shall be a senior citizen age 60 or 2 over, appointed by the Governor to advise the Director on 3 matters pertaining to adult and juvenile offenders 4 respectively. The members of the Boards shall be qualified 5 for their positions by demonstrated interest in and knowledge 6 of adult and juvenile correctional work and shall not be 7 officials of the State in any other capacity. The members 8 first appointed under this amendatory Act of 1984 shall 9 serve for a term of 6 years and shall be appointed as soon as 10 possible after the effective date of this amendatory Act of 11 1984. The members of the Boards now serving shall complete 12 their terms as appointed, and thereafter members shall be 13 appointed by the Governor to terms of 6 years. Any vacancy 14 occurring shall be filled in the same manner for the 15 remainder of the term. The Director of Corrections and the 16 Assistant Directors, Adult and Juvenile Divisions 17 respectively, for the 2 Boards, shall be ex-officio members 18 of the Boards. Each Board shall elect a chairman from among 19 its appointed members. The Director shall serve as secretary 20 of each Board. Members of each Board shall serve without 21 compensation but shall be reimbursed for expenses necessarily 22 incurred in the performance of their duties. Each Board shall 23 meet quarterly and at other times at the call of the 24 chairman. At the request of the Director, the Boards may meet 25 together. 26 (b) The Boards shall advise the Director concerning 27 policy matters and programs of the Department with regard to 28 the custody, care, study, discipline, training and treatment 29 of persons in the State correctional institutions and for the 30 care and supervision of persons released on parole. 31 (c) There shall be a Subcommittee on Women Offenders to 32 the Adult Advisory Board. The Subcommittee shall be composed 33 of 3 members of the Adult Advisory Board appointed by the 34 Chairman who shall designate one member as the chairman of HB4124 Engrossed -4- LRB9111987RCmb 1 the Subcommittee. Members of the Subcommittee shall serve 2 without compensation but shall be reimbursed for expenses 3 necessarily incurred in the performance of their duties. The 4 Subcommittee shall meet no less often than quarterly and at 5 other times at the call of its chairman. 6 The Subcommittee shall advise the Adult Advisory Board 7 and the Director on all policy matters and programs of the 8 Department with regard to the custody, care, study, 9 discipline, training and treatment of women in the State 10 correctional institutions and for the care and supervision of 11 women released on parole. 12 (d) There is a Gang Monitoring and Control Advisory 13 Committee to the Assistant Director of the Gang Monitoring 14 and Control Unit. The Advisory Committee consists of 8 15 members, 2 each appointed by the President of the Senate, 16 Minority Leader of the Senate, Speaker of the House of 17 Representatives, and the Minority Leader of the House of 18 Representatives. A chairman is to be elected from the 19 membership of the Committee. Members of the Committee must 20 have had at least 5 years of experience in the control of 21 gangs while working in the fields of penology, corrections 22 work, law enforcement, sociology, law education, or social 23 work. The members of the Advisory Committee are to review 24 current Department programs that seek to eliminate gangs in 25 correctional facilities, are to research gang control 26 programs in other state and federal facilities, and make 27 recommendations to the Assistant Director of the Gang 28 Monitoring and Control Unit regarding new programs aimed at 29 reducing gang influence in State correctional facilities. 30 Each member of the Committee is to receive $200 for each 31 meeting of the Committee and is to be reimbursed for expenses 32 incurred to attend meetings of the Advisory Committee. The 33 Department is to include in its annual report to the General 34 Assembly a summary of the Committee's findings and HB4124 Engrossed -5- LRB9111987RCmb 1 recommendations. 2 (Source: P.A. 85-624.) 3 (730 ILCS 5/3-6-2.5 new) 4 Sec. 3-6-2.5. Immersible heating coils prohibited. Each 5 chief administrative officer of an Adult Department of 6 Corrections maximum security facility may not allow committed 7 persons to have access to heating elements including, but not 8 limited to, immersible heating coils commonly known as 9 "stingers". 10 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) 11 Sec. 3-7-2. Facilities. 12 (a) All institutions and facilities of the Department 13 shall provide every committed person with access to toilet 14 facilities, barber facilities, bathing facilities at least 15 once each week, a library of legal materials and published 16 materials including newspapers and magazines approved by the 17 Director. A committed person may not receive any materials 18 that the Director deems pornographic. 19 (b) (Blank). 20 (c) All institutions and facilities of the Department 21 shall provide facilities for every committed person to leave 22 his cell for at least one hour each day unless the chief 23 administrative officer determines that it would be harmful or 24 dangerous to the security or safety of the institution or 25 facility. 26 (d) All institutions and facilities of the Department 27 shall provide every committed person with a wholesome and 28 nutritional diet at regularly scheduled hours, drinking 29 water, clothing adequate for the season, bedding, soap and 30 towels and medical and dental care. 31 (e) All institutions and facilities of the Department 32 shall permit every committed person to send and receive an HB4124 Engrossed -6- LRB9111987RCmb 1 unlimited number of uncensored letters, provided, however, 2 that the Director may order that mail be inspected and read 3 for reasons of the security, safety or morale of the 4 institution or facility. 5 (f) All of the institutions and facilities of the 6 Department shall permit every committed person to receive 7 visitors, except in case of abuse of the visiting privilege 8 or when the chief administrative officer determines that such 9 visiting would be harmful or dangerous to the security, 10 safety or morale of the institution or facility. The chief 11 administrative officer shall have the right to restrict 12 visitation to non-contact visits for reasons of safety, 13 security, and order, including, but not limited to, 14 restricting contact visits for committed persons engaged in 15 gang activity. No committed person in a super maximum 16 security facility or on disciplinary segregation is allowed 17 contact visits. Any committed person classified as C grade 18 or any person found in possession of illegal drugs or who 19 fails a drug test may not be permitted contact visits for a 20 period of at least 6 months. 21 (g) All institutions and facilities of the Department 22 shall permit religious ministrations and sacraments to be 23 available to every committed person, but attendance at 24 religious services shall not be required. 25 (h) Within 90 days after December 31, 1996, the 26 Department shall prohibit the use of curtains, 27 cell-coverings, or any other matter or object that obstructs 28 or otherwise impairs the line of vision into a committed 29 person's cell. 30 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97; 31 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; 90-14, eff. 32 7-1-97.) 33 Section 99. Effective date. This Act takes effect upon HB4124 Engrossed -7- LRB9111987RCmb 1 becoming law.