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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_SB1517eng SB1517 Engrossed LRB9208239RCcd 1 AN ACT concerning the Department of Corrections. 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 by 5 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 SB1517 Engrossed -2- LRB9208239RCcd 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 4 program shall require pupillometer technology to be used 5 in at least 50% of all screening and evaluation tests 6 performed. The Department must report to the General 7 Assembly on the effectiveness of the program on January 8 1, 2003. 9 (b-5) To develop, in consultation with the 10 Department of State Police, a program for tracking and 11 evaluating each inmate from commitment through release 12 for recording his or her gang affiliations, activities, 13 or ranks. 14 (c) To maintain and administer all State 15 correctional institutions and facilities under its 16 control and to establish new ones as needed. Pursuant to 17 its power to establish new institutions and facilities, 18 the Department may, with the written approval of the 19 Governor, authorize the Department of Central Management 20 Services to enter into an agreement of the type described 21 in subsection (d) of Section 405-300 of the Department of 22 Central Management Services Law (20 ILCS 405/405-300). 23 The Department shall designate those institutions which 24 shall constitute the State Penitentiary System. 25 Pursuant to its power to establish new institutions 26 and facilities, the Department may authorize the 27 Department of Central Management Services to accept bids 28 from counties and municipalities for the construction, 29 remodeling or conversion of a structure to be leased to 30 the Department of Corrections for the purposes of its 31 serving as a correctional institution or facility. Such 32 construction, remodeling or conversion may be financed 33 with revenue bonds issued pursuant to the Industrial 34 Building Revenue Bond Act by the municipality or county. SB1517 Engrossed -3- LRB9208239RCcd 1 The lease specified in a bid shall be for a term of not 2 less than the time needed to retire any revenue bonds 3 used to finance the project, but not to exceed 40 years. 4 The lease may grant to the State the option to purchase 5 the structure outright. 6 Upon receipt of the bids, the Department may certify 7 one or more of the bids and shall submit any such bids to 8 the General Assembly for approval. Upon approval of a 9 bid by a constitutional majority of both houses of the 10 General Assembly, pursuant to joint resolution, the 11 Department of Central Management Services may enter into 12 an agreement with the county or municipality pursuant to 13 such bid. 14 (c-5) To build and maintain regional juvenile 15 detention centers and to charge a per diem to the 16 counties as established by the Department to defray the 17 costs of housing each minor in a center. In this 18 subsection (c-5), "juvenile detention center" means a 19 facility to house minors during pendency of trial who 20 have been transferred from proceedings under the Juvenile 21 Court Act of 1987 to prosecutions under the criminal laws 22 of this State in accordance with Section 5-805 of the 23 Juvenile Court Act of 1987, whether the transfer was by 24 operation of law or permissive under that Section. The 25 Department shall designate the counties to be served by 26 each regional juvenile detention center. 27 (d) To develop and maintain programs of control, 28 rehabilitation and employment of committed persons within 29 its institutions. 30 (e) To establish a system of supervision and 31 guidance of committed persons in the community. 32 (f) To establish in cooperation with the Department 33 of Transportation to supply a sufficient number of 34 prisoners for use by the Department of Transportation to SB1517 Engrossed -4- LRB9208239RCcd 1 clean up the trash and garbage along State, county, 2 township, or municipal highways as designated by the 3 Department of Transportation. The Department of 4 Corrections, at the request of the Department of 5 Transportation, shall furnish such prisoners at least 6 annually for a period to be agreed upon between the 7 Director of Corrections and the Director of 8 Transportation. The prisoners used on this program shall 9 be selected by the Director of Corrections on whatever 10 basis he deems proper in consideration of their term, 11 behavior and earned eligibility to participate in such 12 program - where they will be outside of the prison 13 facility but still in the custody of the Department of 14 Corrections. Prisoners convicted of first degree murder, 15 or a Class X felony, or armed violence, or aggravated 16 kidnapping, or criminal sexual assault, aggravated 17 criminal sexual abuse or a subsequent conviction for 18 criminal sexual abuse, or forcible detention, or arson, 19 or a prisoner adjudged a Habitual Criminal shall not be 20 eligible for selection to participate in such program. 21 The prisoners shall remain as prisoners in the custody of 22 the Department of Corrections and such Department shall 23 furnish whatever security is necessary. The Department of 24 Transportation shall furnish trucks and equipment for the 25 highway cleanup program and personnel to supervise and 26 direct the program. Neither the Department of Corrections 27 nor the Department of Transportation shall replace any 28 regular employee with a prisoner. 29 (g) To maintain records of persons committed to it 30 and to establish programs of research, statistics and 31 planning. 32 (h) To investigate the grievances of any person 33 committed to the Department, to inquire into any alleged 34 misconduct by employees or committed persons, and to SB1517 Engrossed -5- LRB9208239RCcd 1 investigate the assets of committed persons to implement 2 Section 3-7-6 of this Code; and for these purposes it may 3 issue subpoenas and compel the attendance of witnesses 4 and the production of writings and papers, and may 5 examine under oath any witnesses who may appear before 6 it; to also investigate alleged violations of a parolee's 7 or releasee's conditions of parole or release; and for 8 this purpose it may issue subpoenas and compel the 9 attendance of witnesses and the production of documents 10 only if there is reason to believe that such procedures 11 would provide evidence that such violations have 12 occurred. 13 If any person fails to obey a subpoena issued under 14 this subsection, the Director may apply to any circuit 15 court to secure compliance with the subpoena. The 16 failure to comply with the order of the court issued in 17 response thereto shall be punishable as contempt of 18 court. 19 (i) To appoint and remove the chief administrative 20 officers, and administer programs of training and 21 development of personnel of the Department. Personnel 22 assigned by the Department to be responsible for the 23 custody and control of committed persons or to 24 investigate the alleged misconduct of committed persons 25 or employees or alleged violations of a parolee's or 26 releasee's conditions of parole shall be conservators of 27 the peace for those purposes, and shall have the full 28 power of peace officers outside of the facilities of the 29 Department in the protection, arrest, retaking and 30 reconfining of committed persons or where the exercise of 31 such power is necessary to the investigation of such 32 misconduct or violations. 33 (j) To cooperate with other departments and 34 agencies and with local communities for the development SB1517 Engrossed -6- LRB9208239RCcd 1 of standards and programs for better correctional 2 services in this State. 3 (k) To administer all moneys and properties of the 4 Department. 5 (l) To report annually to the Governor on the 6 committed persons, institutions and programs of the 7 Department. 8 (l-5) In a confidential annual report to the 9 Governor, the Department shall identify all inmate gangs 10 by specifying each current gang's name, population and 11 allied gangs. The Department shall further specify the 12 number of top leaders identified by the Department for 13 each gang during the past year, and the measures taken by 14 the Department to segregate each leader from his or her 15 gang and allied gangs. The Department shall further 16 report the current status of leaders identified and 17 segregated in previous years. All leaders described in 18 the report shall be identified by inmate number or other 19 designation to enable tracking, auditing, and 20 verification without revealing the names of the leaders. 21 Because this report contains law enforcement intelligence 22 information collected by the Department, the report is 23 confidential and not subject to public disclosure. 24 (m) To make all rules and regulations and exercise 25 all powers and duties vested by law in the Department. 26 (n) To establish rules and regulations for 27 administering a system of good conduct credits, 28 established in accordance with Section 3-6-3, subject to 29 review by the Prisoner Review Board. 30 (o) To administer the distribution of funds from 31 the State Treasury to reimburse counties where State 32 penal institutions are located for the payment of 33 assistant state's attorneys' salaries under Section 34 4-2001 of the Counties Code. SB1517 Engrossed -7- LRB9208239RCcd 1 (p) To exchange information with the Department of 2 Human Services and the Illinois Department of Public Aid 3 for the purpose of verifying living arrangements and for 4 other purposes directly connected with the administration 5 of this Code and the Illinois Public Aid Code. 6 (q) To establish a diversion program. 7 The program shall provide a structured environment 8 for selected technical parole or mandatory supervised 9 release violators and committed persons who have violated 10 the rules governing their conduct while in work release. 11 This program shall not apply to those persons who have 12 committed a new offense while serving on parole or 13 mandatory supervised release or while committed to work 14 release. 15 Elements of the program shall include, but shall not 16 be limited to, the following: 17 (1) The staff of a diversion facility shall 18 provide supervision in accordance with required 19 objectives set by the facility. 20 (2) Participants shall be required to maintain 21 employment. 22 (3) Each participant shall pay for room and 23 board at the facility on a sliding-scale basis 24 according to the participant's income. 25 (4) Each participant shall: 26 (A) provide restitution to victims in 27 accordance with any court order; 28 (B) provide financial support to his 29 dependents; and 30 (C) make appropriate payments toward any 31 other court-ordered obligations. 32 (5) Each participant shall complete community 33 service in addition to employment. 34 (6) Participants shall take part in such SB1517 Engrossed -8- LRB9208239RCcd 1 counseling, educational and other programs as the 2 Department may deem appropriate. 3 (7) Participants shall submit to drug and 4 alcohol screening. 5 (8) The Department shall promulgate rules 6 governing the administration of the program. 7 (r) To enter into intergovernmental cooperation 8 agreements under which persons in the custody of the 9 Department may participate in a county impact 10 incarceration program established under Section 3-6038 or 11 3-15003.5 of the Counties Code. 12 (r-5) To enter into intergovernmental cooperation 13 agreements under which minors adjudicated delinquent and 14 committed to the Department of Corrections, Juvenile 15 Division, may participate in a county juvenile impact 16 incarceration program established under Section 3-6039 of 17 the Counties Code. 18 (r-10) To systematically and routinely identify 19 with respect to each streetgang active within the 20 correctional system: (1) each active gang; (2) every 21 existing inter-gang affiliation or alliance; and (3) the 22 current leaders in each gang. The Department shall 23 promptly segregate leaders from inmates who belong to 24 their gangs and allied gangs. "Segregate" means no 25 physical contact and, to the extent possible under the 26 conditions and space available at the correctional 27 facility, prohibition of visual and sound communication. 28 For the purposes of this paragraph (r-10), "leaders" 29 means persons who: 30 (i) are members of a criminal streetgang; 31 (ii) with respect to other individuals within 32 the streetgang, occupy a position of organizer, 33 supervisor, or other position of management or 34 leadership; and SB1517 Engrossed -9- LRB9208239RCcd 1 (iii) are actively and personally engaged in 2 directing, ordering, authorizing, or requesting 3 commission of criminal acts by others, which are 4 punishable as a felony, in furtherance of streetgang 5 related activity both within and outside of the 6 Department of Corrections. 7 "Streetgang", "gang", and "streetgang related" have the 8 meanings ascribed to them in Section 10 of the Illinois 9 Streetgang Terrorism Omnibus Prevention Act. 10 (s) To operate a super-maximum security 11 institution, in order to manage and supervise inmates who 12 are disruptive or dangerous and provide for the safety 13 and security of the staff and the other inmates. 14 (t) To monitor any unprivileged conversation or any 15 unprivileged communication, whether in person or by 16 mail, telephone, or other means, between an inmate who, 17 before commitment to the Department, was a member of an 18 organized gang and any other person without the need to 19 show cause or satisfy any other requirement of law before 20 beginning the monitoring, except as constitutionally 21 required. The monitoring may be by video, voice, or other 22 method of recording or by any other means. As used in 23 this subdivision (1)(t), "organized gang" has the meaning 24 ascribed to it in Section 10 of the Illinois Streetgang 25 Terrorism Omnibus Prevention Act. 26 As used in this subdivision (1)(t), "unprivileged 27 conversation" or "unprivileged communication" means a 28 conversation or communication that is not protected by 29 any privilege recognized by law or by decision, rule, or 30 order of the Illinois Supreme Court. 31 (u) To establish a Women's and Children's 32 Pre-release Community Supervision Program for the purpose 33 of providing housing and services to eligible female 34 inmates, as determined by the Department, and their SB1517 Engrossed -10- LRB9208239RCcd 1 newborn and young children. 2 (v) To do all other acts necessary to carry out the 3 provisions of this Chapter. 4 (2) The Department of Corrections shall by January 1, 5 1998, consider building and operating a correctional facility 6 within 100 miles of a county of over 2,000,000 inhabitants, 7 especially a facility designed to house juvenile participants 8 in the impact incarceration program. 9 (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-99; 10 90-658, eff. 1-1-99; 91-239, eff. 1-1-00; 91-357, eff. 11 7-29-99.)