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Public Act 102-0535
Public Act 0535 102ND GENERAL ASSEMBLY
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Public Act 102-0535
| | SB1976 Enrolled | LRB102 10348 RLC 15675 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Section 3-2-2 as follows:
| (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| Sec. 3-2-2. Powers and duties of the Department.
| (1) In addition to the powers, duties, and | responsibilities which are
otherwise provided by law, the | Department shall have the following powers:
| (a) To accept persons committed to it by the courts of | this State for
care, custody, treatment and | rehabilitation, and to accept federal prisoners and aliens | over whom the Office of the Federal Detention Trustee is | authorized to exercise the federal detention function for | limited purposes and periods of time.
| (b) To develop and maintain reception and evaluation | units for purposes
of analyzing the custody and | rehabilitation needs of persons committed to
it and to | assign such persons to institutions and programs under its | control
or transfer them to other appropriate agencies. In | consultation with the
Department of Alcoholism and | Substance Abuse (now the Department of Human
Services), |
| the Department of Corrections
shall develop a master plan | for the screening and evaluation of persons
committed to | its custody who have alcohol or drug abuse problems, and | for
making appropriate treatment available to such | persons; the Department
shall report to the General | Assembly on such plan not later than April 1,
1987. The | maintenance and implementation of such plan shall be | contingent
upon the availability of funds.
| (b-1) To create and implement, on January 1, 2002, a | pilot
program to
establish the effectiveness of | pupillometer technology (the measurement of the
pupil's
| reaction to light) as an alternative to a urine test for | purposes of screening
and evaluating
persons committed to | its custody who have alcohol or drug problems. The
pilot | program shall require the pupillometer technology to be | used in at
least one Department of
Corrections facility. | The Director may expand the pilot program to include an
| additional facility or
facilities as he or she deems | appropriate.
A minimum of 4,000 tests shall be included in | the pilot program.
The
Department must report to the
| General Assembly on the
effectiveness of the program by | January 1, 2003.
| (b-5) To develop, in consultation with the Department | of State Police, a
program for tracking and evaluating | each inmate from commitment through release
for recording | his or her gang affiliations, activities, or ranks.
|
| (c) To maintain and administer all State correctional | institutions and
facilities under its control and to | establish new ones as needed. Pursuant
to its power to | establish new institutions and facilities, the Department
| may, with the written approval of the Governor, authorize | the Department of
Central Management Services to enter | into an agreement of the type
described in subsection (d) | of Section 405-300 of the
Department
of Central Management | Services Law (20 ILCS 405/405-300). The Department shall
| designate those institutions which
shall constitute the | State Penitentiary System.
| Pursuant to its power to establish new institutions | and facilities, the
Department may authorize the | Department of Central Management Services to
accept bids | from counties and municipalities for the construction,
| remodeling or conversion of a structure to be leased to | the Department of
Corrections for the purposes of its | serving as a correctional institution
or facility. Such | construction, remodeling or conversion may be financed
| with revenue bonds issued pursuant to the Industrial | Building Revenue Bond
Act by the municipality or county. | The lease specified in a bid shall be
for a term of not | less than the time needed to retire any revenue bonds
used | to finance the project, but not to exceed 40 years. The | lease may
grant to the State the option to purchase the | structure outright.
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| Upon receipt of the bids, the Department may certify | one or more of the
bids and shall submit any such bids to | the General Assembly for approval.
Upon approval of a bid | by a constitutional majority of both houses of the
General | Assembly, pursuant to joint resolution, the Department of | Central
Management Services may enter into an agreement | with the county or
municipality pursuant to such bid.
| (c-5) To build and maintain regional juvenile | detention centers and to
charge a per diem to the counties | as established by the Department to defray
the costs of | housing each minor in a center. In this subsection (c-5),
| "juvenile
detention center" means a facility to house | minors during pendency of trial who
have been transferred | from proceedings under the Juvenile Court Act of 1987 to
| prosecutions under the criminal laws of this State in | accordance with Section
5-805 of the Juvenile Court Act of | 1987, whether the transfer was by operation
of
law or | permissive under that Section. The Department shall | designate the
counties to be served by each regional | juvenile detention center.
| (d) To develop and maintain programs of control, | rehabilitation and
employment of committed persons within | its institutions.
| (d-5) To provide a pre-release job preparation program | for inmates at Illinois adult correctional centers.
| (d-10) To provide educational and visitation |
| opportunities to committed persons within its institutions | through temporary access to content-controlled tablets | that may be provided as a privilege to committed persons | to induce or reward compliance. | (e) To establish a system of supervision and guidance | of committed persons
in the community.
| (f) To establish in cooperation with the Department of | Transportation
to supply a sufficient number of prisoners | for use by the Department of
Transportation to clean up | the trash and garbage along State, county,
township, or | municipal highways as designated by the Department of
| Transportation. The Department of Corrections, at the | request of the
Department of Transportation, shall furnish | such prisoners at least
annually for a period to be agreed | upon between the Director of
Corrections and the Secretary | of Transportation. The prisoners used on this
program | shall be selected by the Director of Corrections on | whatever basis
he deems proper in consideration of their | term, behavior and earned eligibility
to participate in | such program - where they will be outside of the prison
| facility but still in the custody of the Department of | Corrections. Prisoners
convicted of first degree murder, | or a Class X felony, or armed violence, or
aggravated | kidnapping, or criminal sexual assault, aggravated | criminal sexual
abuse or a subsequent conviction for | criminal sexual abuse, or forcible
detention, or arson, or |
| a prisoner adjudged a Habitual Criminal shall not be
| eligible for selection to participate in such program. The | prisoners shall
remain as prisoners in the custody of the | Department of Corrections and such
Department shall | furnish whatever security is necessary. The Department of
| Transportation shall furnish trucks and equipment for the | highway cleanup
program and personnel to supervise and | direct the program. Neither the
Department of Corrections | nor the Department of Transportation shall replace
any | regular employee with a prisoner.
| (g) To maintain records of persons committed to it and | to establish
programs of research, statistics and | planning.
| (h) To investigate the grievances of any person | committed to the
Department and to inquire into any | alleged misconduct by employees
or committed persons; and | for
these purposes it may issue subpoenas and compel the | attendance of witnesses
and the production of writings and | papers, and may examine under oath any
witnesses who may | appear before it; to also investigate alleged violations
| of a parolee's or releasee's conditions of parole or | release; and for this
purpose it may issue subpoenas and | compel the attendance of witnesses and
the production of | documents only if there is reason to believe that such
| procedures would provide evidence that such violations | have occurred.
|
| If any person fails to obey a subpoena issued under | this subsection,
the Director may apply to any circuit | court to secure compliance with the
subpoena. The failure | to comply with the order of the court issued in
response | thereto shall be punishable as contempt of court.
| (i) To appoint and remove the chief administrative | officers, and
administer
programs of training and | development of personnel of the Department. Personnel
| assigned by the Department to be responsible for the
| custody and control of committed persons or to investigate | the alleged
misconduct of committed persons or employees | or alleged violations of a
parolee's or releasee's | conditions of parole shall be conservators of the peace
| for those purposes, and shall have the full power of peace | officers outside
of the facilities of the Department in | the protection, arrest, retaking
and reconfining of | committed persons or where the exercise of such power
is | necessary to the investigation of such misconduct or | violations. This subsection shall not apply to persons | committed to the Department of Juvenile Justice under the | Juvenile Court Act of 1987 on aftercare release.
| (j) To cooperate with other departments and agencies | and with local
communities for the development of | standards and programs for better
correctional services in | this State.
| (k) To administer all moneys and properties of the |
| Department.
| (l) To report annually to the Governor on the | committed
persons, institutions and programs of the | Department.
| (l-5) (Blank).
| (m) To make all rules and regulations and exercise all | powers and duties
vested by law in the Department.
| (n) To establish rules and regulations for | administering a system of
sentence credits, established in | accordance with Section 3-6-3, subject
to review by the | Prisoner Review Board.
| (o) To administer the distribution of funds
from the | State Treasury to reimburse counties where State penal
| institutions are located for the payment of assistant | state's attorneys'
salaries under Section 4-2001 of the | Counties Code.
| (p) To exchange information with the Department of | Human Services and the
Department of Healthcare and Family | Services
for the purpose of verifying living arrangements | and for other purposes
directly connected with the | administration of this Code and the Illinois
Public Aid | Code.
| (q) To establish a diversion program.
| The program shall provide a structured environment for | selected
technical parole or mandatory supervised release | violators and committed
persons who have violated the |
| rules governing their conduct while in work
release. This | program shall not apply to those persons who have | committed
a new offense while serving on parole or | mandatory supervised release or
while committed to work | release.
| Elements of the program shall include, but shall not | be limited to, the
following:
| (1) The staff of a diversion facility shall | provide supervision in
accordance with required | objectives set by the facility.
| (2) Participants shall be required to maintain | employment.
| (3) Each participant shall pay for room and board | at the facility on a
sliding-scale basis according to | the participant's income.
| (4) Each participant shall:
| (A) provide restitution to victims in | accordance with any court order;
| (B) provide financial support to his | dependents; and
| (C) make appropriate payments toward any other | court-ordered
obligations.
| (5) Each participant shall complete community | service in addition to
employment.
| (6) Participants shall take part in such | counseling, educational and
other programs as the |
| Department may deem appropriate.
| (7) Participants shall submit to drug and alcohol | screening.
| (8) The Department shall promulgate rules | governing the administration
of the program.
| (r) To enter into intergovernmental cooperation | agreements under which
persons in the custody of the | Department may participate in a county impact
| incarceration program established under Section 3-6038 or | 3-15003.5 of the
Counties Code.
| (r-5) (Blank).
| (r-10) To systematically and routinely identify with | respect to each
streetgang active within the correctional | system: (1) each active gang; (2)
every existing | inter-gang affiliation or alliance; and (3) the current | leaders
in each gang. The Department shall promptly | segregate leaders from inmates who
belong to their gangs | and allied gangs. "Segregate" means no physical contact
| and, to the extent possible under the conditions and space | available at the
correctional facility, prohibition of | visual and sound communication. For the
purposes of this | paragraph (r-10), "leaders" means persons who:
| (i) are members of a criminal streetgang;
| (ii) with respect to other individuals within the | streetgang, occupy a
position of organizer, | supervisor, or other position of management or
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| leadership; and
| (iii) are actively and personally engaged in | directing, ordering,
authorizing, or requesting | commission of criminal acts by others, which are
| punishable as a felony, in furtherance of streetgang | related activity both
within and outside of the | Department of Corrections.
| "Streetgang", "gang", and "streetgang related" have the | meanings ascribed to
them in Section 10 of the Illinois | Streetgang Terrorism Omnibus Prevention
Act.
| (s) To operate a super-maximum security institution, | in order to
manage and
supervise inmates who are | disruptive or dangerous and provide for the safety
and | security of the staff and the other inmates.
| (t) To monitor any unprivileged conversation or any | unprivileged
communication, whether in person or by mail, | telephone, or other means,
between an inmate who, before | commitment to the Department, was a member of an
organized | gang and any other person without the need to show cause or | satisfy
any other requirement of law before beginning the | monitoring, except as
constitutionally required. The | monitoring may be by video, voice, or other
method of | recording or by any other means. As used in this | subdivision (1)(t),
"organized gang" has the meaning | ascribed to it in Section 10 of the Illinois
Streetgang | Terrorism Omnibus Prevention Act.
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| As used in this subdivision (1)(t), "unprivileged | conversation" or
"unprivileged communication" means a | conversation or communication that is not
protected by any | privilege recognized by law or by decision, rule, or order | of
the Illinois Supreme Court.
| (u) To establish a Women's and Children's Pre-release | Community
Supervision
Program for the purpose of providing | housing and services to eligible female
inmates, as | determined by the Department, and their newborn and young
| children.
| (u-5) To issue an order, whenever a person committed | to the Department absconds or absents himself or herself, | without authority to do so, from any facility or program | to which he or she is assigned. The order shall be | certified by the Director, the Supervisor of the | Apprehension Unit, or any person duly designated by the | Director, with the seal of the Department affixed. The | order shall be directed to all sheriffs, coroners, and | police officers, or to any particular person named in the | order. Any order issued pursuant to this subdivision (1) | (u-5) shall be sufficient warrant for the officer or | person named in the order to arrest and deliver the | committed person to the proper correctional officials and | shall be executed the same as criminal process. | (u-6) To appoint a point of contact person who shall
| receive suggestions, complaints, or other requests to the
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| Department from visitors to Department institutions or
| facilities and from other members of the public. | (v) To do all other acts necessary to carry out the | provisions
of this Chapter.
| (2) The Department of Corrections shall by January 1, | 1998, consider
building and operating a correctional facility | within 100 miles of a county of
over 2,000,000 inhabitants, | especially a facility designed to house juvenile
participants | in the impact incarceration program.
| (3) When the Department lets bids for contracts for | medical
services to be provided to persons committed to | Department facilities by
a health maintenance organization, | medical service corporation, or other
health care provider, | the bid may only be let to a health care provider
that has | obtained an irrevocable letter of credit or performance bond
| issued by a company whose bonds have an investment grade or | higher rating by a bond rating
organization.
| (4) When the Department lets bids for
contracts for food | or commissary services to be provided to
Department | facilities, the bid may only be let to a food or commissary
| services provider that has obtained an irrevocable letter of
| credit or performance bond issued by a company whose bonds | have an investment grade or higher rating by a bond rating | organization.
| (5) On and after the date 6 months after August 16, 2013 | (the effective date of Public Act 98-488), as provided in the |
| Executive Order 1 (2012) Implementation Act, all of the | powers, duties, rights, and responsibilities related to State | healthcare purchasing under this Code that were transferred | from the Department of Corrections to the Department of | Healthcare and Family Services by Executive Order 3 (2005) are | transferred back to the Department of Corrections; however, | powers, duties, rights, and responsibilities related to State | healthcare purchasing under this Code that were exercised by | the Department of Corrections before the effective date of | Executive Order 3 (2005) but that pertain to individuals | resident in facilities operated by the Department of Juvenile | Justice are transferred to the Department of Juvenile Justice. | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; | 101-235, eff. 1-1-20.)
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Effective Date: 1/1/2022
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