Illinois 2023-2024 Regular Session

Illinois House Bill HB4576 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4576 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall adopt a rule, in consultation with a librarian who has a minimum of a Master's degree or has a Ph.D. in Library Science or Library and Information Science from an accredited college or university, appointed by the Director of Corrections, prohibiting the chief administrative officer or other correctional officer of a correctional institution or facility of the Department from summarily rejecting for use or receipt by committed persons books, publications, or library materials or from establishing lists of prohibited publications to committed persons unless those books, publications, or library materials: (1) are detrimental to the security of the correctional institution or facility; (2) constitute child pornography as defined in the Criminal Code of 2012; or (3) may be used to facilitate criminal activity. Provides that the rule shall provide that a committed person may appeal to the Director or another person or body that the Director may appoint if the committed person is denied access to the books, publications, or library materials that are requested. Provides that a final decision of the Director or appointed person or body is subject to review under the Illinois Administrative Procedure Act. LRB103 33715 RLC 67100 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4576 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 Amends the Unified Code of Corrections. Provides that the Department of Corrections shall adopt a rule, in consultation with a librarian who has a minimum of a Master's degree or has a Ph.D. in Library Science or Library and Information Science from an accredited college or university, appointed by the Director of Corrections, prohibiting the chief administrative officer or other correctional officer of a correctional institution or facility of the Department from summarily rejecting for use or receipt by committed persons books, publications, or library materials or from establishing lists of prohibited publications to committed persons unless those books, publications, or library materials: (1) are detrimental to the security of the correctional institution or facility; (2) constitute child pornography as defined in the Criminal Code of 2012; or (3) may be used to facilitate criminal activity. Provides that the rule shall provide that a committed person may appeal to the Director or another person or body that the Director may appoint if the committed person is denied access to the books, publications, or library materials that are requested. Provides that a final decision of the Director or appointed person or body is subject to review under the Illinois Administrative Procedure Act. LRB103 33715 RLC 67100 b LRB103 33715 RLC 67100 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4576 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
4	4	730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
5	5	Amends the Unified Code of Corrections. Provides that the Department of Corrections shall adopt a rule, in consultation with a librarian who has a minimum of a Master's degree or has a Ph.D. in Library Science or Library and Information Science from an accredited college or university, appointed by the Director of Corrections, prohibiting the chief administrative officer or other correctional officer of a correctional institution or facility of the Department from summarily rejecting for use or receipt by committed persons books, publications, or library materials or from establishing lists of prohibited publications to committed persons unless those books, publications, or library materials: (1) are detrimental to the security of the correctional institution or facility; (2) constitute child pornography as defined in the Criminal Code of 2012; or (3) may be used to facilitate criminal activity. Provides that the rule shall provide that a committed person may appeal to the Director or another person or body that the Director may appoint if the committed person is denied access to the books, publications, or library materials that are requested. Provides that a final decision of the Director or appointed person or body is subject to review under the Illinois Administrative Procedure Act.
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11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 3-2-2 as follows:
16	16	6 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
17	17	7 Sec. 3-2-2. Powers and duties of the Department.
18	18	8 (1) In addition to the powers, duties, and
19	19	9 responsibilities which are otherwise provided by law, the
20	20	10 Department shall have the following powers:
21	21	11 (a) To accept persons committed to it by the courts of
22	22	12 this State for care, custody, treatment, and
23	23	13 rehabilitation, and to accept federal prisoners and
24	24	14 noncitizens over whom the Office of the Federal Detention
25	25	15 Trustee is authorized to exercise the federal detention
26	26	16 function for limited purposes and periods of time.
27	27	17 (b) To develop and maintain reception and evaluation
28	28	18 units for purposes of analyzing the custody and
29	29	19 rehabilitation needs of persons committed to it and to
30	30	20 assign such persons to institutions and programs under its
31	31	21 control or transfer them to other appropriate agencies. In
32	32	22 consultation with the Department of Alcoholism and
33	33	23 Substance Abuse (now the Department of Human Services),
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4576 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
39	39	730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
40	40	Amends the Unified Code of Corrections. Provides that the Department of Corrections shall adopt a rule, in consultation with a librarian who has a minimum of a Master's degree or has a Ph.D. in Library Science or Library and Information Science from an accredited college or university, appointed by the Director of Corrections, prohibiting the chief administrative officer or other correctional officer of a correctional institution or facility of the Department from summarily rejecting for use or receipt by committed persons books, publications, or library materials or from establishing lists of prohibited publications to committed persons unless those books, publications, or library materials: (1) are detrimental to the security of the correctional institution or facility; (2) constitute child pornography as defined in the Criminal Code of 2012; or (3) may be used to facilitate criminal activity. Provides that the rule shall provide that a committed person may appeal to the Director or another person or body that the Director may appoint if the committed person is denied access to the books, publications, or library materials that are requested. Provides that a final decision of the Director or appointed person or body is subject to review under the Illinois Administrative Procedure Act.
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43	43	A BILL FOR
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68	68	1 the Department of Corrections shall develop a master plan
69	69	2 for the screening and evaluation of persons committed to
70	70	3 its custody who have alcohol or drug abuse problems, and
71	71	4 for making appropriate treatment available to such
72	72	5 persons; the Department shall report to the General
73	73	6 Assembly on such plan not later than April 1, 1987. The
74	74	7 maintenance and implementation of such plan shall be
75	75	8 contingent upon the availability of funds.
76	76	9 (b-1) To create and implement, on January 1, 2002, a
77	77	10 pilot program to establish the effectiveness of
78	78	11 pupillometer technology (the measurement of the pupil's
79	79	12 reaction to light) as an alternative to a urine test for
80	80	13 purposes of screening and evaluating persons committed to
81	81	14 its custody who have alcohol or drug problems. The pilot
82	82	15 program shall require the pupillometer technology to be
83	83	16 used in at least one Department of Corrections facility.
84	84	17 The Director may expand the pilot program to include an
85	85	18 additional facility or facilities as he or she deems
86	86	19 appropriate. A minimum of 4,000 tests shall be included in
87	87	20 the pilot program. The Department must report to the
88	88	21 General Assembly on the effectiveness of the program by
89	89	22 January 1, 2003.
90	90	23 (b-5) To develop, in consultation with the Illinois
91	91	24 State Police, a program for tracking and evaluating each
92	92	25 inmate from commitment through release for recording his
93	93	26 or her gang affiliations, activities, or ranks.
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104	104	1 (c) To maintain and administer all State correctional
105	105	2 institutions and facilities under its control and to
106	106	3 establish new ones as needed. Pursuant to its power to
107	107	4 establish new institutions and facilities, the Department
108	108	5 may, with the written approval of the Governor, authorize
109	109	6 the Department of Central Management Services to enter
110	110	7 into an agreement of the type described in subsection (d)
111	111	8 of Section 405-300 of the Department of Central Management
112	112	9 Services Law. The Department shall designate those
113	113	10 institutions which shall constitute the State Penitentiary
114	114	11 System. The Department of Juvenile Justice shall maintain
115	115	12 and administer all State youth centers pursuant to
116	116	13 subsection (d) of Section 3-2.5-20.
117	117	14 Pursuant to its power to establish new institutions
118	118	15 and facilities, the Department may authorize the
119	119	16 Department of Central Management Services to accept bids
120	120	17 from counties and municipalities for the construction,
121	121	18 remodeling, or conversion of a structure to be leased to
122	122	19 the Department of Corrections for the purposes of its
123	123	20 serving as a correctional institution or facility. Such
124	124	21 construction, remodeling, or conversion may be financed
125	125	22 with revenue bonds issued pursuant to the Industrial
126	126	23 Building Revenue Bond Act by the municipality or county.
127	127	24 The lease specified in a bid shall be for a term of not
128	128	25 less than the time needed to retire any revenue bonds used
129	129	26 to finance the project, but not to exceed 40 years. The
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140	140	1 lease may grant to the State the option to purchase the
141	141	2 structure outright.
142	142	3 Upon receipt of the bids, the Department may certify
143	143	4 one or more of the bids and shall submit any such bids to
144	144	5 the General Assembly for approval. Upon approval of a bid
145	145	6 by a constitutional majority of both houses of the General
146	146	7 Assembly, pursuant to joint resolution, the Department of
147	147	8 Central Management Services may enter into an agreement
148	148	9 with the county or municipality pursuant to such bid.
149	149	10 (c-5) To build and maintain regional juvenile
150	150	11 detention centers and to charge a per diem to the counties
151	151	12 as established by the Department to defray the costs of
152	152	13 housing each minor in a center. In this subsection (c-5),
153	153	14 "juvenile detention center" means a facility to house
154	154	15 minors during pendency of trial who have been transferred
155	155	16 from proceedings under the Juvenile Court Act of 1987 to
156	156	17 prosecutions under the criminal laws of this State in
157	157	18 accordance with Section 5-805 of the Juvenile Court Act of
158	158	19 1987, whether the transfer was by operation of law or
159	159	20 permissive under that Section. The Department shall
160	160	21 designate the counties to be served by each regional
161	161	22 juvenile detention center.
162	162	23 (d) To develop and maintain programs of control,
163	163	24 rehabilitation, and employment of committed persons within
164	164	25 its institutions.
165	165	26 (d-5) To provide a pre-release job preparation program
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176	176	1 for inmates at Illinois adult correctional centers.
177	177	2 (d-10) To provide educational and visitation
178	178	3 opportunities to committed persons within its institutions
179	179	4 through temporary access to content-controlled tablets
180	180	5 that may be provided as a privilege to committed persons
181	181	6 to induce or reward compliance.
182	182	7 (e) To establish a system of supervision and guidance
183	183	8 of committed persons in the community.
184	184	9 (f) To establish in cooperation with the Department of
185	185	10 Transportation to supply a sufficient number of prisoners
186	186	11 for use by the Department of Transportation to clean up
187	187	12 the trash and garbage along State, county, township, or
188	188	13 municipal highways as designated by the Department of
189	189	14 Transportation. The Department of Corrections, at the
190	190	15 request of the Department of Transportation, shall furnish
191	191	16 such prisoners at least annually for a period to be agreed
192	192	17 upon between the Director of Corrections and the Secretary
193	193	18 of Transportation. The prisoners used on this program
194	194	19 shall be selected by the Director of Corrections on
195	195	20 whatever basis he deems proper in consideration of their
196	196	21 term, behavior and earned eligibility to participate in
197	197	22 such program - where they will be outside of the prison
198	198	23 facility but still in the custody of the Department of
199	199	24 Corrections. Prisoners convicted of first degree murder,
200	200	25 or a Class X felony, or armed violence, or aggravated
201	201	26 kidnapping, or criminal sexual assault, aggravated
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212	212	1 criminal sexual abuse or a subsequent conviction for
213	213	2 criminal sexual abuse, or forcible detention, or arson, or
214	214	3 a prisoner adjudged a Habitual Criminal shall not be
215	215	4 eligible for selection to participate in such program. The
216	216	5 prisoners shall remain as prisoners in the custody of the
217	217	6 Department of Corrections and such Department shall
218	218	7 furnish whatever security is necessary. The Department of
219	219	8 Transportation shall furnish trucks and equipment for the
220	220	9 highway cleanup program and personnel to supervise and
221	221	10 direct the program. Neither the Department of Corrections
222	222	11 nor the Department of Transportation shall replace any
223	223	12 regular employee with a prisoner.
224	224	13 (g) To maintain records of persons committed to it and
225	225	14 to establish programs of research, statistics, and
226	226	15 planning.
227	227	16 (h) To investigate the grievances of any person
228	228	17 committed to the Department and to inquire into any
229	229	18 alleged misconduct by employees or committed persons; and
230	230	19 for these purposes it may issue subpoenas and compel the
231	231	20 attendance of witnesses and the production of writings and
232	232	21 papers, and may examine under oath any witnesses who may
233	233	22 appear before it; to also investigate alleged violations
234	234	23 of a parolee's or releasee's conditions of parole or
235	235	24 release; and for this purpose it may issue subpoenas and
236	236	25 compel the attendance of witnesses and the production of
237	237	26 documents only if there is reason to believe that such
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248	248	1 procedures would provide evidence that such violations
249	249	2 have occurred.
250	250	3 If any person fails to obey a subpoena issued under
251	251	4 this subsection, the Director may apply to any circuit
252	252	5 court to secure compliance with the subpoena. The failure
253	253	6 to comply with the order of the court issued in response
254	254	7 thereto shall be punishable as contempt of court.
255	255	8 (i) To appoint and remove the chief administrative
256	256	9 officers, and administer programs of training and
257	257	10 development of personnel of the Department. Personnel
258	258	11 assigned by the Department to be responsible for the
259	259	12 custody and control of committed persons or to investigate
260	260	13 the alleged misconduct of committed persons or employees
261	261	14 or alleged violations of a parolee's or releasee's
262	262	15 conditions of parole shall be conservators of the peace
263	263	16 for those purposes, and shall have the full power of peace
264	264	17 officers outside of the facilities of the Department in
265	265	18 the protection, arrest, retaking, and reconfining of
266	266	19 committed persons or where the exercise of such power is
267	267	20 necessary to the investigation of such misconduct or
268	268	21 violations. This subsection shall not apply to persons
269	269	22 committed to the Department of Juvenile Justice under the
270	270	23 Juvenile Court Act of 1987 on aftercare release.
271	271	24 (j) To cooperate with other departments and agencies
272	272	25 and with local communities for the development of
273	273	26 standards and programs for better correctional services in
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284	284	1 this State.
285	285	2 (k) To administer all moneys and properties of the
286	286	3 Department.
287	287	4 (l) To report annually to the Governor on the
288	288	5 committed persons, institutions, and programs of the
289	289	6 Department.
290	290	7 (l-5) (Blank).
291	291	8 (m) To make all rules and regulations and exercise all
292	292	9 powers and duties vested by law in the Department.
293	293	10 (n) To establish rules and regulations for
294	294	11 administering a system of sentence credits, established in
295	295	12 accordance with Section 3-6-3, subject to review by the
296	296	13 Prisoner Review Board.
297	297	14 (o) To administer the distribution of funds from the
298	298	15 State Treasury to reimburse counties where State penal
299	299	16 institutions are located for the payment of assistant
300	300	17 state's attorneys' salaries under Section 4-2001 of the
301	301	18 Counties Code.
302	302	19 (p) To exchange information with the Department of
303	303	20 Human Services and the Department of Healthcare and Family
304	304	21 Services for the purpose of verifying living arrangements
305	305	22 and for other purposes directly connected with the
306	306	23 administration of this Code and the Illinois Public Aid
307	307	24 Code.
308	308	25 (q) To establish a diversion program.
309	309	26 The program shall provide a structured environment for
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320	320	1 selected technical parole or mandatory supervised release
321	321	2 violators and committed persons who have violated the
322	322	3 rules governing their conduct while in work release. This
323	323	4 program shall not apply to those persons who have
324	324	5 committed a new offense while serving on parole or
325	325	6 mandatory supervised release or while committed to work
326	326	7 release.
327	327	8 Elements of the program shall include, but shall not
328	328	9 be limited to, the following:
329	329	10 (1) The staff of a diversion facility shall
330	330	11 provide supervision in accordance with required
331	331	12 objectives set by the facility.
332	332	13 (2) Participants shall be required to maintain
333	333	14 employment.
334	334	15 (3) Each participant shall pay for room and board
335	335	16 at the facility on a sliding-scale basis according to
336	336	17 the participant's income.
337	337	18 (4) Each participant shall:
338	338	19 (A) provide restitution to victims in
339	339	20 accordance with any court order;
340	340	21 (B) provide financial support to his
341	341	22 dependents; and
342	342	23 (C) make appropriate payments toward any other
343	343	24 court-ordered obligations.
344	344	25 (5) Each participant shall complete community
345	345	26 service in addition to employment.
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356	356	1 (6) Participants shall take part in such
357	357	2 counseling, educational, and other programs as the
358	358	3 Department may deem appropriate.
359	359	4 (7) Participants shall submit to drug and alcohol
360	360	5 screening.
361	361	6 (8) The Department shall promulgate rules
362	362	7 governing the administration of the program.
363	363	8 (r) To enter into intergovernmental cooperation
364	364	9 agreements under which persons in the custody of the
365	365	10 Department may participate in a county impact
366	366	11 incarceration program established under Section 3-6038 or
367	367	12 3-15003.5 of the Counties Code.
368	368	13 (r-5) (Blank).
369	369	14 (r-10) To systematically and routinely identify with
370	370	15 respect to each streetgang active within the correctional
371	371	16 system: (1) each active gang; (2) every existing
372	372	17 inter-gang affiliation or alliance; and (3) the current
373	373	18 leaders in each gang. The Department shall promptly
374	374	19 segregate leaders from inmates who belong to their gangs
375	375	20 and allied gangs. "Segregate" means no physical contact
376	376	21 and, to the extent possible under the conditions and space
377	377	22 available at the correctional facility, prohibition of
378	378	23 visual and sound communication. For the purposes of this
379	379	24 paragraph (r-10), "leaders" means persons who:
380	380	25 (i) are members of a criminal streetgang;
381	381	26 (ii) with respect to other individuals within the
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392	392	1 streetgang, occupy a position of organizer,
393	393	2 supervisor, or other position of management or
394	394	3 leadership; and
395	395	4 (iii) are actively and personally engaged in
396	396	5 directing, ordering, authorizing, or requesting
397	397	6 commission of criminal acts by others, which are
398	398	7 punishable as a felony, in furtherance of streetgang
399	399	8 related activity both within and outside of the
400	400	9 Department of Corrections.
401	401	10 "Streetgang", "gang", and "streetgang related" have the
402	402	11 meanings ascribed to them in Section 10 of the Illinois
403	403	12 Streetgang Terrorism Omnibus Prevention Act.
404	404	13 (s) To operate a super-maximum security institution,
405	405	14 in order to manage and supervise inmates who are
406	406	15 disruptive or dangerous and provide for the safety and
407	407	16 security of the staff and the other inmates.
408	408	17 (t) To monitor any unprivileged conversation or any
409	409	18 unprivileged communication, whether in person or by mail,
410	410	19 telephone, or other means, between an inmate who, before
411	411	20 commitment to the Department, was a member of an organized
412	412	21 gang and any other person without the need to show cause or
413	413	22 satisfy any other requirement of law before beginning the
414	414	23 monitoring, except as constitutionally required. The
415	415	24 monitoring may be by video, voice, or other method of
416	416	25 recording or by any other means. As used in this
417	417	26 subdivision (1)(t), "organized gang" has the meaning
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428	428	1 ascribed to it in Section 10 of the Illinois Streetgang
429	429	2 Terrorism Omnibus Prevention Act.
430	430	3 As used in this subdivision (1)(t), "unprivileged
431	431	4 conversation" or "unprivileged communication" means a
432	432	5 conversation or communication that is not protected by any
433	433	6 privilege recognized by law or by decision, rule, or order
434	434	7 of the Illinois Supreme Court.
435	435	8 (u) To establish a Women's and Children's Pre-release
436	436	9 Community Supervision Program for the purpose of providing
437	437	10 housing and services to eligible female inmates, as
438	438	11 determined by the Department, and their newborn and young
439	439	12 children.
440	440	13 (u-5) To issue an order, whenever a person committed
441	441	14 to the Department absconds or absents himself or herself,
442	442	15 without authority to do so, from any facility or program
443	443	16 to which he or she is assigned. The order shall be
444	444	17 certified by the Director, the Supervisor of the
445	445	18 Apprehension Unit, or any person duly designated by the
446	446	19 Director, with the seal of the Department affixed. The
447	447	20 order shall be directed to all sheriffs, coroners, and
448	448	21 police officers, or to any particular person named in the
449	449	22 order. Any order issued pursuant to this subdivision
450	450	23 (1)(u-5) shall be sufficient warrant for the officer or
451	451	24 person named in the order to arrest and deliver the
452	452	25 committed person to the proper correctional officials and
453	453	26 shall be executed the same as criminal process.
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464	464	1 (u-6) To appoint a point of contact person who shall
465	465	2 receive suggestions, complaints, or other requests to the
466	466	3 Department from visitors to Department institutions or
467	467	4 facilities and from other members of the public.
468	468	5 (u-7) To adopt a rule, in consultation with a
469	469	6 librarian who has a minimum of a Master's degree or has a
470	470	7 Ph.D. in Library Science or Library and Information
471	471	8 Science from an accredited college or university,
472	472	9 appointed by the Director, prohibiting the chief
473	473	10 administrative officer or other correctional officer of a
474	474	11 correctional institution or facility of the Department
475	475	12 from summarily rejecting for use or receipt by committed
476	476	13 persons books, publications, or library materials or from
477	477	14 establishing lists of prohibited publications to committed
478	478	15 persons unless those books, publications, or library
479	479	16 materials: (1) are detrimental to the security of the
480	480	17 correctional institution or facility; (2) constitute child
481	481	18 pornography as defined in Section 11-20.1 of the Criminal
482	482	19 Code of 2012; or (3) may be used to facilitate criminal
483	483	20 activity. The rule shall provide that a committed person
484	484	21 may appeal to the Director or another person or body that
485	485	22 the Director may appoint if the committed person is denied
486	486	23 access to the books, publications, or library materials
487	487	24 that are requested. A final decision of the Director or
488	488	25 appointed person or body is subject to review under the
489	489	26 Illinois Administrative Procedure Act.
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500	500	1 (v) To do all other acts necessary to carry out the
501	501	2 provisions of this Chapter.
502	502	3 (2) The Department of Corrections shall by January 1,
503	503	4 1998, consider building and operating a correctional facility
504	504	5 within 100 miles of a county of over 2,000,000 inhabitants,
505	505	6 especially a facility designed to house juvenile participants
506	506	7 in the impact incarceration program.
507	507	8 (3) When the Department lets bids for contracts for
508	508	9 medical services to be provided to persons committed to
509	509	10 Department facilities by a health maintenance organization,
510	510	11 medical service corporation, or other health care provider,
511	511	12 the bid may only be let to a health care provider that has
512	512	13 obtained an irrevocable letter of credit or performance bond
513	513	14 issued by a company whose bonds have an investment grade or
514	514	15 higher rating by a bond rating organization.
515	515	16 (4) When the Department lets bids for contracts for food
516	516	17 or commissary services to be provided to Department
517	517	18 facilities, the bid may only be let to a food or commissary
518	518	19 services provider that has obtained an irrevocable letter of
519	519	20 credit or performance bond issued by a company whose bonds
520	520	21 have an investment grade or higher rating by a bond rating
521	521	22 organization.
522	522	23 (5) On and after the date 6 months after August 16, 2013
523	523	24 (the effective date of Public Act 98-488), as provided in the
524	524	25 Executive Order 1 (2012) Implementation Act, all of the
525	525	26 powers, duties, rights, and responsibilities related to State
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