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91_SB1147
LRB9106142RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-2-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-2-2 as follows:
7 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
8 Sec. 3-2-2. Powers and Duties of the Department.
9 (1) In addition to the powers, duties and
10 responsibilities which are otherwise provided by law, the
11 Department has shall have the following powers:
12 (a) To accept persons committed to it by the courts
13 of this State for care, custody, treatment and
14 rehabilitation.
15 (b) To develop and maintain reception and
16 evaluation units for purposes of analyzing the custody
17 and rehabilitation needs of persons committed to it and
18 to assign such persons to institutions and programs under
19 its control or transfer them to other appropriate
20 agencies. In consultation with the Department of
21 Alcoholism and Substance Abuse (now the Department of
22 Human Services), the Department of Corrections shall
23 develop a master plan for the screening and evaluation of
24 persons committed to its custody who have alcohol or drug
25 abuse problems, and for making appropriate treatment
26 available to such persons; the Department shall report to
27 the General Assembly on such plan not later than April 1,
28 1987. The maintenance and implementation of such plan
29 shall be contingent upon the availability of funds.
30 (b-5) To develop, in consultation with the
31 Department of State Police, a program for tracking and
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1 evaluating each inmate from commitment through release
2 for recording his or her gang affiliations, activities,
3 or ranks.
4 (c) To maintain and administer all State
5 correctional institutions and facilities under its
6 control and to establish new ones as needed. Pursuant to
7 its power to establish new institutions and facilities,
8 the Department may, with the written approval of the
9 Governor, authorize the Department of Central Management
10 Services to enter into an agreement of the type described
11 in subsection (d) of Section 67.02 of the Civil
12 Administrative Code of Illinois. The Department shall
13 designate those institutions which shall constitute the
14 State Penitentiary System.
15 Pursuant to its power to establish new institutions
16 and facilities, the Department may authorize the
17 Department of Central Management Services to accept bids
18 from counties and municipalities for the construction,
19 remodeling or conversion of a structure to be leased to
20 the Department of Corrections for the purposes of its
21 serving as a correctional institution or facility. Such
22 construction, remodeling or conversion may be financed
23 with revenue bonds issued pursuant to the Industrial
24 Building Revenue Bond Act by the municipality or county.
25 The lease specified in a bid shall be for a term of not
26 less than the time needed to retire any revenue bonds
27 used to finance the project, but not to exceed 40 years.
28 The lease may grant to the State the option to purchase
29 the structure outright.
30 Upon receipt of the bids, the Department may certify
31 one or more of the bids and shall submit any such bids to
32 the General Assembly for approval. Upon approval of a
33 bid by a constitutional majority of both houses of the
34 General Assembly, pursuant to joint resolution, the
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1 Department of Central Management Services may enter into
2 an agreement with the county or municipality pursuant to
3 such bid.
4 (c-5) To build and maintain regional juvenile
5 detention centers and to charge a per diem to the
6 counties as established by the Department to defray the
7 costs of housing each minor in a center. In this
8 subsection (c-5), "juvenile detention center" means a
9 facility to house minors during pendency of trial who
10 have been transferred from proceedings under the Juvenile
11 Court Act of 1987 to prosecutions under the criminal laws
12 of this State in accordance with Section 5-805 of the
13 Juvenile Court Act of 1987, whether the transfer was by
14 operation of law or permissive under that Section. The
15 Department shall designate the counties to be served by
16 each regional juvenile detention center.
17 (d) To develop and maintain programs of control,
18 rehabilitation and employment of committed persons within
19 its institutions.
20 (e) To establish a system of supervision and
21 guidance of committed persons in the community.
22 (f) To establish in cooperation with the Department
23 of Transportation to supply a sufficient number of
24 prisoners for use by the Department of Transportation to
25 clean up the trash and garbage along State, county,
26 township, or municipal highways as designated by the
27 Department of Transportation. The Department of
28 Corrections, at the request of the Department of
29 Transportation, shall furnish such prisoners at least
30 annually for a period to be agreed upon between the
31 Director of Corrections and the Director of
32 Transportation. The prisoners used on this program shall
33 be selected by the Director of Corrections on whatever
34 basis he deems proper in consideration of their term,
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1 behavior and earned eligibility to participate in such
2 program - where they will be outside of the prison
3 facility but still in the custody of the Department of
4 Corrections. Prisoners convicted of first degree murder,
5 or a Class X felony, or armed violence, or aggravated
6 kidnapping, or criminal sexual assault, aggravated
7 criminal sexual abuse or a subsequent conviction for
8 criminal sexual abuse, or forcible detention, or arson,
9 or a prisoner adjudged a Habitual Criminal shall not be
10 eligible for selection to participate in such program.
11 The prisoners shall remain as prisoners in the custody of
12 the Department of Corrections and such Department shall
13 furnish whatever security is necessary. The Department of
14 Transportation shall furnish trucks and equipment for the
15 highway cleanup program and personnel to supervise and
16 direct the program. Neither the Department of Corrections
17 nor the Department of Transportation shall replace any
18 regular employee with a prisoner.
19 (g) To maintain records of persons committed to it
20 and to establish programs of research, statistics and
21 planning.
22 (h) To investigate the grievances of any person
23 committed to the Department, to inquire into any alleged
24 misconduct by employees or committed persons, and to
25 investigate the assets of committed persons to implement
26 Section 3-7-6 of this Code; and for these purposes it may
27 issue subpoenas and compel the attendance of witnesses
28 and the production of writings and papers, and may
29 examine under oath any witnesses who may appear before
30 it; to also investigate alleged violations of a parolee's
31 or releasee's conditions of parole or release; and for
32 this purpose it may issue subpoenas and compel the
33 attendance of witnesses and the production of documents
34 only if there is reason to believe that such procedures
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1 would provide evidence that such violations have
2 occurred.
3 If any person fails to obey a subpoena issued under
4 this subsection, the Director may apply to any circuit
5 court to secure compliance with the subpoena. The
6 failure to comply with the order of the court issued in
7 response thereto shall be punishable as contempt of
8 court.
9 (i) To appoint and remove the chief administrative
10 officers, and administer programs of training and
11 development of personnel of the Department. Personnel
12 assigned by the Department to be responsible for the
13 custody and control of committed persons or to
14 investigate the alleged misconduct of committed persons
15 or employees or alleged violations of a parolee's or
16 releasee's conditions of parole shall be conservators of
17 the peace for those purposes, and shall have the full
18 power of peace officers outside of the facilities of the
19 Department in the protection, arrest, retaking and
20 reconfining of committed persons or where the exercise of
21 such power is necessary to the investigation of such
22 misconduct or violations.
23 (j) To cooperate with other departments and
24 agencies and with local communities for the development
25 of standards and programs for better correctional
26 services in this State.
27 (k) To administer all moneys and properties of the
28 Department.
29 (l) To report annually to the Governor on the
30 committed persons, institutions and programs of the
31 Department.
32 (l-5) In a confidential annual report to the
33 Governor, the Department shall identify all inmate gangs
34 by specifying each current gang's name, population and
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1 allied gangs. The Department shall further specify the
2 number of top leaders identified by the Department for
3 each gang during the past year, and the measures taken by
4 the Department to segregate each leader from his or her
5 gang and allied gangs. The Department shall further
6 report the current status of leaders identified and
7 segregated in previous years. All leaders described in
8 the report shall be identified by inmate number or other
9 designation to enable tracking, auditing, and
10 verification without revealing the names of the leaders.
11 Because this report contains law enforcement intelligence
12 information collected by the Department, the report is
13 confidential and not subject to public disclosure.
14 (m) To make all rules and regulations and exercise
15 all powers and duties vested by law in the Department.
16 (n) To establish rules and regulations for
17 administering a system of good conduct credits,
18 established in accordance with Section 3-6-3, subject to
19 review by the Prisoner Review Board.
20 (o) To administer the distribution of funds from
21 the State Treasury to reimburse counties where State
22 penal institutions are located for the payment of
23 assistant state's attorneys' salaries under Section
24 4-2001 of the Counties Code.
25 (p) To exchange information with the Department of
26 Human Services and the Illinois Department of Public Aid
27 for the purpose of verifying living arrangements and for
28 other purposes directly connected with the administration
29 of this Code and the Illinois Public Aid Code.
30 (q) To establish a diversion program.
31 The program shall provide a structured environment
32 for selected technical parole or mandatory supervised
33 release violators and committed persons who have violated
34 the rules governing their conduct while in work release.
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1 This program shall not apply to those persons who have
2 committed a new offense while serving on parole or
3 mandatory supervised release or while committed to work
4 release.
5 Elements of the program shall include, but shall not
6 be limited to, the following:
7 (1) The staff of a diversion facility shall
8 provide supervision in accordance with required
9 objectives set by the facility.
10 (2) Participants shall be required to maintain
11 employment.
12 (3) Each participant shall pay for room and
13 board at the facility on a sliding-scale basis
14 according to the participant's income.
15 (4) Each participant shall:
16 (A) provide restitution to victims in
17 accordance with any court order;
18 (B) provide financial support to his
19 dependents; and
20 (C) make appropriate payments toward any
21 other court-ordered obligations.
22 (5) Each participant shall complete community
23 service in addition to employment.
24 (6) Participants shall take part in such
25 counseling, educational and other programs as the
26 Department may deem appropriate.
27 (7) Participants shall submit to drug and
28 alcohol screening.
29 (8) The Department shall promulgate rules
30 governing the administration of the program.
31 (r) To enter into intergovernmental cooperation
32 agreements under which persons in the custody of the
33 Department may participate in a county impact
34 incarceration program established under Section 3-6038 or
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1 3-15003.5 of the Counties Code.
2 (r-5) To enter into intergovernmental cooperation
3 agreements under which minors adjudicated delinquent and
4 committed to the Department of Corrections, Juvenile
5 Division, may participate in a county juvenile impact
6 incarceration program established under Section 3-6039 of
7 the Counties Code.
8 (r-10) To systematically and routinely identify
9 with respect to each streetgang active within the
10 correctional system: (1) each active gang; (2) every
11 existing inter-gang affiliation or alliance; and (3) the
12 current leaders in each gang. The Department shall
13 promptly segregate leaders from inmates who belong to
14 their gangs and allied gangs. "Segregate" means no
15 physical contact and, to the extent possible under the
16 conditions and space available at the correctional
17 facility, prohibition of visual and sound communication.
18 For the purposes of this paragraph (r-10), "leaders"
19 means persons who:
20 (i) are members of a criminal streetgang;
21 (ii) with respect to other individuals within
22 the streetgang, occupy a position of organizer,
23 supervisor, or other position of management or
24 leadership; and
25 (iii) are actively and personally engaged in
26 directing, ordering, authorizing, or requesting
27 commission of criminal acts by others, which are
28 punishable as a felony, in furtherance of streetgang
29 related activity both within and outside of the
30 Department of Corrections.
31 "Streetgang", "gang", and "streetgang related" have the
32 meanings ascribed to them in Section 10 of the Illinois
33 Streetgang Terrorism Omnibus Prevention Act.
34 (s) To operate a super-maximum security
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1 institution, in order to manage and supervise inmates who
2 are disruptive or dangerous and provide for the safety
3 and security of the staff and the other inmates.
4 (t) To monitor any unprivileged conversation or any
5 unprivileged communication, whether in person or by
6 mail, telephone, or other means, between an inmate who,
7 before commitment to the Department, was a member of an
8 organized gang and any other person without the need to
9 show cause or satisfy any other requirement of law before
10 beginning the monitoring, except as constitutionally
11 required. The monitoring may be by video, voice, or other
12 method of recording or by any other means. As used in
13 this subdivision (1)(t), "organized gang" has the meaning
14 ascribed to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16 As used in this subdivision (1)(t), "unprivileged
17 conversation" or "unprivileged communication" means a
18 conversation or communication that is not protected by
19 any privilege recognized by law or by decision, rule, or
20 order of the Illinois Supreme Court.
21 (u) To establish a Women's and Children's
22 Pre-release Community Supervision Program for the purpose
23 of providing housing and services to eligible female
24 inmates, as determined by the Department, and their
25 newborn and young children.
26 (v) To do all other acts necessary to carry out the
27 provisions of this Chapter.
28 (2) The Department of Corrections shall by January 1,
29 1998, consider building and operating a correctional facility
30 within 100 miles of a county of over 2,000,000 inhabitants,
31 especially a facility designed to house juvenile participants
32 in the impact incarceration program.
33 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
34 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
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1 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
2 eff. 12-31-96; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
3 90-658, eff. 1-1-99; revised 9-16-98.)