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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB4116enr HB4116 Enrolled LRB9214685RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 3-2-2 as follows: 6 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) 7 Sec. 3-2-2. Powers and Duties of the Department. 8 (1) In addition to the powers, duties and 9 responsibilities which are otherwise provided by law, the 10 Department shall have the following powers: 11 (a) To accept persons committed to it by the courts 12 of this State for care, custody, treatment and 13 rehabilitation. 14 (b) To develop and maintain reception and 15 evaluation units for purposes of analyzing the custody 16 and rehabilitation needs of persons committed to it and 17 to assign such persons to institutions and programs under 18 its control or transfer them to other appropriate 19 agencies. In consultation with the Department of 20 Alcoholism and Substance Abuse (now the Department of 21 Human Services), the Department of Corrections shall 22 develop a master plan for the screening and evaluation of 23 persons committed to its custody who have alcohol or drug 24 abuse problems, and for making appropriate treatment 25 available to such persons; the Department shall report to 26 the General Assembly on such plan not later than April 1, 27 1987. The maintenance and implementation of such plan 28 shall be contingent upon the availability of funds. 29 (b-1) To create and implement, on January 1, 2002, 30 a pilot program to establish the effectiveness of 31 pupillometer technology (the measurement of the pupil's HB4116 Enrolled -2- LRB9214685RCcd 1 reaction to light) as an alternative to a urine test for 2 purposes of screening and evaluating persons committed to 3 its custody who have alcohol or drug problems. The pilot 4 program shall require the pupillometer technology to be 5 used in at least one Department of Corrections facility. 6 The Director may expand the pilot program to include an 7 additional facility or facilities as he or she deems 8 appropriate. A minimum of 4,000 tests shall be included 9 in the pilot program. The Department must report to the 10 General Assembly on the effectiveness of the program by 11 January 1, 2003. 12 (b-5) To develop, in consultation with the 13 Department of State Police, a program for tracking and 14 evaluating each inmate from commitment through release 15 for recording his or her gang affiliations, activities, 16 or ranks. 17 (c) To maintain and administer all State 18 correctional institutions and facilities under its 19 control and to establish new ones as needed. Pursuant to 20 its power to establish new institutions and facilities, 21 the Department may, with the written approval of the 22 Governor, authorize the Department of Central Management 23 Services to enter into an agreement of the type described 24 in subsection (d) of Section 405-300 of the Department of 25 Central Management Services Law (20 ILCS 405/405-300). 26 The Department shall designate those institutions which 27 shall constitute the State Penitentiary System. 28 Pursuant to its power to establish new institutions 29 and facilities, the Department may authorize the 30 Department of Central Management Services to accept bids 31 from counties and municipalities for the construction, 32 remodeling or conversion of a structure to be leased to 33 the Department of Corrections for the purposes of its 34 serving as a correctional institution or facility. Such HB4116 Enrolled -3- LRB9214685RCcd 1 construction, remodeling or conversion may be financed 2 with revenue bonds issued pursuant to the Industrial 3 Building Revenue Bond Act by the municipality or county. 4 The lease specified in a bid shall be for a term of not 5 less than the time needed to retire any revenue bonds 6 used to finance the project, but not to exceed 40 years. 7 The lease may grant to the State the option to purchase 8 the structure outright. 9 Upon receipt of the bids, the Department may certify 10 one or more of the bids and shall submit any such bids to 11 the General Assembly for approval. Upon approval of a bid 12 by a constitutional majority of both houses of the 13 General Assembly, pursuant to joint resolution, the 14 Department of Central Management Services may enter into 15 an agreement with the county or municipality pursuant to 16 such bid. 17 (c-5) To build and maintain regional juvenile 18 detention centers and to charge a per diem to the 19 counties as established by the Department to defray the 20 costs of housing each minor in a center. In this 21 subsection (c-5), "juvenile detention center" means a 22 facility to house minors during pendency of trial who 23 have been transferred from proceedings under the Juvenile 24 Court Act of 1987 to prosecutions under the criminal laws 25 of this State in accordance with Section 5-805 of the 26 Juvenile Court Act of 1987, whether the transfer was by 27 operation of law or permissive under that Section. The 28 Department shall designate the counties to be served by 29 each regional juvenile detention center. 30 (d) To develop and maintain programs of control, 31 rehabilitation and employment of committed persons within 32 its institutions. 33 (e) To establish a system of supervision and 34 guidance of committed persons in the community. HB4116 Enrolled -4- LRB9214685RCcd 1 (f) To establish in cooperation with the Department 2 of Transportation to supply a sufficient number of 3 prisoners for use by the Department of Transportation to 4 clean up the trash and garbage along State, county, 5 township, or municipal highways as designated by the 6 Department of Transportation. The Department of 7 Corrections, at the request of the Department of 8 Transportation, shall furnish such prisoners at least 9 annually for a period to be agreed upon between the 10 Director of Corrections and the Director of 11 Transportation. The prisoners used on this program shall 12 be selected by the Director of Corrections on whatever 13 basis he deems proper in consideration of their term, 14 behavior and earned eligibility to participate in such 15 program - where they will be outside of the prison 16 facility but still in the custody of the Department of 17 Corrections. Prisoners convicted of first degree murder, 18 or a Class X felony, or armed violence, or aggravated 19 kidnapping, or criminal sexual assault, aggravated 20 criminal sexual abuse or a subsequent conviction for 21 criminal sexual abuse, or forcible detention, or arson, 22 or a prisoner adjudged a Habitual Criminal shall not be 23 eligible for selection to participate in such program. 24 The prisoners shall remain as prisoners in the custody of 25 the Department of Corrections and such Department shall 26 furnish whatever security is necessary. The Department of 27 Transportation shall furnish trucks and equipment for the 28 highway cleanup program and personnel to supervise and 29 direct the program. Neither the Department of Corrections 30 nor the Department of Transportation shall replace any 31 regular employee with a prisoner. 32 (g) To maintain records of persons committed to it 33 and to establish programs of research, statistics and 34 planning. HB4116 Enrolled -5- LRB9214685RCcd 1 (h) To investigate the grievances of any person 2 committed to the Department, to inquire into any alleged 3 misconduct by employees or committed persons, and to 4 investigate the assets of committed persons to implement 5 Section 3-7-6 of this Code; and for these purposes it may 6 issue subpoenas and compel the attendance of witnesses 7 and the production of writings and papers, and may 8 examine under oath any witnesses who may appear before 9 it; to also investigate alleged violations of a parolee's 10 or releasee's conditions of parole or release; and for 11 this purpose it may issue subpoenas and compel the 12 attendance of witnesses and the production of documents 13 only if there is reason to believe that such procedures 14 would provide evidence that such violations have 15 occurred. 16 If any person fails to obey a subpoena issued under 17 this subsection, the Director may apply to any circuit 18 court to secure compliance with the subpoena. The 19 failure to comply with the order of the court issued in 20 response thereto shall be punishable as contempt of 21 court. 22 (i) To appoint and remove the chief administrative 23 officers, and administer programs of training and 24 development of personnel of the Department. Personnel 25 assigned by the Department to be responsible for the 26 custody and control of committed persons or to 27 investigate the alleged misconduct of committed persons 28 or employees or alleged violations of a parolee's or 29 releasee's conditions of parole shall be conservators of 30 the peace for those purposes, and shall have the full 31 power of peace officers outside of the facilities of the 32 Department in the protection, arrest, retaking and 33 reconfining of committed persons or where the exercise of 34 such power is necessary to the investigation of such HB4116 Enrolled -6- LRB9214685RCcd 1 misconduct or violations. 2 (j) To cooperate with other departments and 3 agencies and with local communities for the development 4 of standards and programs for better correctional 5 services in this State. 6 (k) To administer all moneys and properties of the 7 Department. 8 (l) To report annually to the Governor on the 9 committed persons, institutions and programs of the 10 Department. 11 (l-5) In a confidential annual report to the 12 Governor, the Department shall identify all inmate gangs 13 by specifying each current gang's name, population and 14 allied gangs. The Department shall further specify the 15 number of top leaders identified by the Department for 16 each gang during the past year, and the measures taken by 17 the Department to segregate each leader from his or her 18 gang and allied gangs. The Department shall further 19 report the current status of leaders identified and 20 segregated in previous years. All leaders described in 21 the report shall be identified by inmate number or other 22 designation to enable tracking, auditing, and 23 verification without revealing the names of the leaders. 24 Because this report contains law enforcement intelligence 25 information collected by the Department, the report is 26 confidential and not subject to public disclosure. 27 (m) To make all rules and regulations and exercise 28 all powers and duties vested by law in the Department. 29 (n) To establish rules and regulations for 30 administering a system of good conduct credits, 31 established in accordance with Section 3-6-3, subject to 32 review by the Prisoner Review Board. 33 (o) To administer the distribution of funds from 34 the State Treasury to reimburse counties where State HB4116 Enrolled -7- LRB9214685RCcd 1 penal institutions are located for the payment of 2 assistant state's attorneys' salaries under Section 3 4-2001 of the Counties Code. 4 (p) To exchange information with the Department of 5 Human Services and the Illinois Department of Public Aid 6 for the purpose of verifying living arrangements and for 7 other purposes directly connected with the administration 8 of this Code and the Illinois Public Aid Code. 9 (q) To establish a diversion program. 10 The program shall provide a structured environment 11 for selected technical parole or mandatory supervised 12 release violators and committed persons who have violated 13 the rules governing their conduct while in work release. 14 This program shall not apply to those persons who have 15 committed a new offense while serving on parole or 16 mandatory supervised release or while committed to work 17 release. 18 Elements of the program shall include, but shall not 19 be limited to, the following: 20 (1) The staff of a diversion facility shall 21 provide supervision in accordance with required 22 objectives set by the facility. 23 (2) Participants shall be required to maintain 24 employment. 25 (3) Each participant shall pay for room and 26 board at the facility on a sliding-scale basis 27 according to the participant's income. 28 (4) Each participant shall: 29 (A) provide restitution to victims in 30 accordance with any court order; 31 (B) provide financial support to his 32 dependents; and 33 (C) make appropriate payments toward any 34 other court-ordered obligations. HB4116 Enrolled -8- LRB9214685RCcd 1 (5) Each participant shall complete community 2 service in addition to employment. 3 (6) Participants shall take part in such 4 counseling, educational and other programs as the 5 Department may deem appropriate. 6 (7) Participants shall submit to drug and 7 alcohol screening. 8 (8) The Department shall promulgate rules 9 governing the administration of the program. 10 (r) To enter into intergovernmental cooperation 11 agreements under which persons in the custody of the 12 Department may participate in a county impact 13 incarceration program established under Section 3-6038 or 14 3-15003.5 of the Counties Code. 15 (r-5) To enter into intergovernmental cooperation 16 agreements under which minors adjudicated delinquent and 17 committed to the Department of Corrections, Juvenile 18 Division, may participate in a county juvenile impact 19 incarceration program established under Section 3-6039 of 20 the Counties Code. 21 (r-10) To systematically and routinely identify 22 with respect to each streetgang active within the 23 correctional system: (1) each active gang; (2) every 24 existing inter-gang affiliation or alliance; and (3) the 25 current leaders in each gang. The Department shall 26 promptly segregate leaders from inmates who belong to 27 their gangs and allied gangs. "Segregate" means no 28 physical contact and, to the extent possible under the 29 conditions and space available at the correctional 30 facility, prohibition of visual and sound communication. 31 For the purposes of this paragraph (r-10), "leaders" 32 means persons who: 33 (i) are members of a criminal streetgang; 34 (ii) with respect to other individuals within HB4116 Enrolled -9- LRB9214685RCcd 1 the streetgang, occupy a position of organizer, 2 supervisor, or other position of management or 3 leadership; and 4 (iii) are actively and personally engaged in 5 directing, ordering, authorizing, or requesting 6 commission of criminal acts by others, which are 7 punishable as a felony, in furtherance of streetgang 8 related activity both within and outside of the 9 Department of Corrections. 10 "Streetgang", "gang", and "streetgang related" have the 11 meanings ascribed to them in Section 10 of the Illinois 12 Streetgang Terrorism Omnibus Prevention Act. 13 (s) To operate a super-maximum security 14 institution, in order to manage and supervise inmates who 15 are disruptive or dangerous and provide for the safety 16 and security of the staff and the other inmates. 17 (t) To monitor any unprivileged conversation or any 18 unprivileged communication, whether in person or by 19 mail, telephone, or other means, between an inmate who, 20 before commitment to the Department, was a member of an 21 organized gang and any other person without the need to 22 show cause or satisfy any other requirement of law before 23 beginning the monitoring, except as constitutionally 24 required. The monitoring may be by video, voice, or other 25 method of recording or by any other means. As used in 26 this subdivision (1)(t), "organized gang" has the meaning 27 ascribed to it in Section 10 of the Illinois Streetgang 28 Terrorism Omnibus Prevention Act. 29 As used in this subdivision (1)(t), "unprivileged 30 conversation" or "unprivileged communication" means a 31 conversation or communication that is not protected by 32 any privilege recognized by law or by decision, rule, or 33 order of the Illinois Supreme Court. 34 (u) To establish a Women's and Children's HB4116 Enrolled -10- LRB9214685RCcd 1 Pre-release Community Supervision Program for the purpose 2 of providing housing and services to eligible female 3 inmates, as determined by the Department, and their 4 newborn and young children. 5 (v) To do all other acts necessary to carry out the 6 provisions of this Chapter. 7 (2) The Department of Corrections shall by January 1, 8 1998, consider building and operating a correctional facility 9 within 100 miles of a county of over 2,000,000 inhabitants, 10 especially a facility designed to house juvenile participants 11 in the impact incarceration program. 12 (3) When the Department lets bids for contracts for 13 medical services to be provided to persons committed to 14 Department facilities by a health maintenance organization, 15 medical service corporation, or other health care provider, 16 the bid may only be let to a health care provider that has 17 obtained an irrevocable letter of credit or performance bond 18 issued by a company whose bonds are rated AAA by a bond 19 rating organization. 20 (4) When the Department lets bids for contracts for food 21 or commissary services to be provided to Department 22 facilities, the bid may only be let to a food or commissary 23 services provider that has obtained an irrevocable letter of 24 credit or performance bond issued by a company whose bonds 25 are rated AAA by a bond rating organization. 26 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 27 92-444, eff. 1-1-02.)