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Illinois House Bill HB4819

Illinois 2023-2024 Regular Session

Illinois House Bill HB4819 Compare Versions

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1-Public Act 103-0834
21 HB4819 EnrolledLRB103 38202 RLC 68336 b HB4819 Enrolled LRB103 38202 RLC 68336 b
32 HB4819 Enrolled LRB103 38202 RLC 68336 b
4-AN ACT concerning criminal law.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Unified Code of Corrections is amended by
8-changing Section 3-2-2 as follows:
3+1 AN ACT concerning criminal law.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Unified Code of Corrections is amended by
7+5 changing Section 3-2-2 as follows:
8+6 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
9+7 Sec. 3-2-2. Powers and duties of the Department.
10+8 (1) In addition to the powers, duties, and
11+9 responsibilities which are otherwise provided by law, the
12+10 Department shall have the following powers:
13+11 (a) To accept persons committed to it by the courts of
14+12 this State for care, custody, treatment, and
15+13 rehabilitation, and to accept federal prisoners and
16+14 noncitizens over whom the Office of the Federal Detention
17+15 Trustee is authorized to exercise the federal detention
18+16 function for limited purposes and periods of time.
19+17 (b) To develop and maintain reception and evaluation
20+18 units for purposes of analyzing the custody and
21+19 rehabilitation needs of persons committed to it and to
22+20 assign such persons to institutions and programs under its
23+21 control or transfer them to other appropriate agencies. In
24+22 consultation with the Department of Alcoholism and
25+23 Substance Abuse (now the Department of Human Services),
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34+1 the Department of Corrections shall develop a master plan
35+2 for the screening and evaluation of persons committed to
36+3 its custody who have alcohol or drug abuse problems, and
37+4 for making appropriate treatment available to such
38+5 persons; the Department shall report to the General
39+6 Assembly on such plan not later than April 1, 1987. The
40+7 maintenance and implementation of such plan shall be
41+8 contingent upon the availability of funds.
42+9 (b-1) To create and implement, on January 1, 2002, a
43+10 pilot program to establish the effectiveness of
44+11 pupillometer technology (the measurement of the pupil's
45+12 reaction to light) as an alternative to a urine test for
46+13 purposes of screening and evaluating persons committed to
47+14 its custody who have alcohol or drug problems. The pilot
48+15 program shall require the pupillometer technology to be
49+16 used in at least one Department of Corrections facility.
50+17 The Director may expand the pilot program to include an
51+18 additional facility or facilities as he or she deems
52+19 appropriate. A minimum of 4,000 tests shall be included in
53+20 the pilot program. The Department must report to the
54+21 General Assembly on the effectiveness of the program by
55+22 January 1, 2003.
56+23 (b-5) To develop, in consultation with the Illinois
57+24 State Police, a program for tracking and evaluating each
58+25 inmate from commitment through release for recording his
59+26 or her gang affiliations, activities, or ranks.
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70+1 (c) To maintain and administer all State correctional
71+2 institutions and facilities under its control and to
72+3 establish new ones as needed. Pursuant to its power to
73+4 establish new institutions and facilities, the Department
74+5 may, with the written approval of the Governor, authorize
75+6 the Department of Central Management Services to enter
76+7 into an agreement of the type described in subsection (d)
77+8 of Section 405-300 of the Department of Central Management
78+9 Services Law. The Department shall designate those
79+10 institutions which shall constitute the State Penitentiary
80+11 System. The Department of Juvenile Justice shall maintain
81+12 and administer all State youth centers pursuant to
82+13 subsection (d) of Section 3-2.5-20.
83+14 Pursuant to its power to establish new institutions
84+15 and facilities, the Department may authorize the
85+16 Department of Central Management Services to accept bids
86+17 from counties and municipalities for the construction,
87+18 remodeling, or conversion of a structure to be leased to
88+19 the Department of Corrections for the purposes of its
89+20 serving as a correctional institution or facility. Such
90+21 construction, remodeling, or conversion may be financed
91+22 with revenue bonds issued pursuant to the Industrial
92+23 Building Revenue Bond Act by the municipality or county.
93+24 The lease specified in a bid shall be for a term of not
94+25 less than the time needed to retire any revenue bonds used
95+26 to finance the project, but not to exceed 40 years. The
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106+1 lease may grant to the State the option to purchase the
107+2 structure outright.
108+3 Upon receipt of the bids, the Department may certify
109+4 one or more of the bids and shall submit any such bids to
110+5 the General Assembly for approval. Upon approval of a bid
111+6 by a constitutional majority of both houses of the General
112+7 Assembly, pursuant to joint resolution, the Department of
113+8 Central Management Services may enter into an agreement
114+9 with the county or municipality pursuant to such bid.
115+10 (c-5) To build and maintain regional juvenile
116+11 detention centers and to charge a per diem to the counties
117+12 as established by the Department to defray the costs of
118+13 housing each minor in a center. In this subsection (c-5),
119+14 "juvenile detention center" means a facility to house
120+15 minors during pendency of trial who have been transferred
121+16 from proceedings under the Juvenile Court Act of 1987 to
122+17 prosecutions under the criminal laws of this State in
123+18 accordance with Section 5-805 of the Juvenile Court Act of
124+19 1987, whether the transfer was by operation of law or
125+20 permissive under that Section. The Department shall
126+21 designate the counties to be served by each regional
127+22 juvenile detention center.
128+23 (d) To develop and maintain programs of control,
129+24 rehabilitation, and employment of committed persons within
130+25 its institutions.
131+26 (d-5) To provide a pre-release job preparation program
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142+1 for inmates at Illinois adult correctional centers.
143+2 (d-10) To provide educational and visitation
144+3 opportunities to committed persons within its institutions
145+4 through temporary access to content-controlled tablets
146+5 that may be provided as a privilege to committed persons
147+6 to induce or reward compliance.
148+7 (e) To establish a system of supervision and guidance
149+8 of committed persons in the community.
150+9 (f) To establish in cooperation with the Department of
151+10 Transportation to supply a sufficient number of prisoners
152+11 for use by the Department of Transportation to clean up
153+12 the trash and garbage along State, county, township, or
154+13 municipal highways as designated by the Department of
155+14 Transportation. The Department of Corrections, at the
156+15 request of the Department of Transportation, shall furnish
157+16 such prisoners at least annually for a period to be agreed
158+17 upon between the Director of Corrections and the Secretary
159+18 of Transportation. The prisoners used on this program
160+19 shall be selected by the Director of Corrections on
161+20 whatever basis he deems proper in consideration of their
162+21 term, behavior and earned eligibility to participate in
163+22 such program - where they will be outside of the prison
164+23 facility but still in the custody of the Department of
165+24 Corrections. Prisoners convicted of first degree murder,
166+25 or a Class X felony, or armed violence, or aggravated
167+26 kidnapping, or criminal sexual assault, aggravated
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178+1 criminal sexual abuse or a subsequent conviction for
179+2 criminal sexual abuse, or forcible detention, or arson, or
180+3 a prisoner adjudged a Habitual Criminal shall not be
181+4 eligible for selection to participate in such program. The
182+5 prisoners shall remain as prisoners in the custody of the
183+6 Department of Corrections and such Department shall
184+7 furnish whatever security is necessary. The Department of
185+8 Transportation shall furnish trucks and equipment for the
186+9 highway cleanup program and personnel to supervise and
187+10 direct the program. Neither the Department of Corrections
188+11 nor the Department of Transportation shall replace any
189+12 regular employee with a prisoner.
190+13 (g) To maintain records of persons committed to it and
191+14 to establish programs of research, statistics, and
192+15 planning.
193+16 (h) To investigate the grievances of any person
194+17 committed to the Department and to inquire into any
195+18 alleged misconduct by employees or committed persons; and
196+19 for these purposes it may issue subpoenas and compel the
197+20 attendance of witnesses and the production of writings and
198+21 papers, and may examine under oath any witnesses who may
199+22 appear before it; to also investigate alleged violations
200+23 of a parolee's or releasee's conditions of parole or
201+24 release; and for this purpose it may issue subpoenas and
202+25 compel the attendance of witnesses and the production of
203+26 documents only if there is reason to believe that such
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214+1 procedures would provide evidence that such violations
215+2 have occurred.
216+3 If any person fails to obey a subpoena issued under
217+4 this subsection, the Director may apply to any circuit
218+5 court to secure compliance with the subpoena. The failure
219+6 to comply with the order of the court issued in response
220+7 thereto shall be punishable as contempt of court.
221+8 (i) To appoint and remove the chief administrative
222+9 officers, and administer programs of training and
223+10 development of personnel of the Department. Personnel
224+11 assigned by the Department to be responsible for the
225+12 custody and control of committed persons or to investigate
226+13 the alleged misconduct of committed persons or employees
227+14 or alleged violations of a parolee's or releasee's
228+15 conditions of parole shall be conservators of the peace
229+16 for those purposes, and shall have the full power of peace
230+17 officers outside of the facilities of the Department in
231+18 the protection, arrest, retaking, and reconfining of
232+19 committed persons or where the exercise of such power is
233+20 necessary to the investigation of such misconduct or
234+21 violations. This subsection shall not apply to persons
235+22 committed to the Department of Juvenile Justice under the
236+23 Juvenile Court Act of 1987 on aftercare release.
237+24 (j) To cooperate with other departments and agencies
238+25 and with local communities for the development of
239+26 standards and programs for better correctional services in
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250+1 this State.
251+2 (k) To administer all moneys and properties of the
252+3 Department.
253+4 (l) To report annually to the Governor on the
254+5 committed persons, institutions, and programs of the
255+6 Department.
256+7 (l-5) (Blank).
257+8 (m) To make all rules and regulations and exercise all
258+9 powers and duties vested by law in the Department.
259+10 (n) To establish rules and regulations for
260+11 administering a system of sentence credits, established in
261+12 accordance with Section 3-6-3, subject to review by the
262+13 Prisoner Review Board.
263+14 (o) To administer the distribution of funds from the
264+15 State Treasury to reimburse counties where State penal
265+16 institutions are located for the payment of assistant
266+17 state's attorneys' salaries under Section 4-2001 of the
267+18 Counties Code.
268+19 (p) To exchange information with the Department of
269+20 Human Services and the Department of Healthcare and Family
270+21 Services for the purpose of verifying living arrangements
271+22 and for other purposes directly connected with the
272+23 administration of this Code and the Illinois Public Aid
273+24 Code.
274+25 (q) To establish a diversion program.
275+26 The program shall provide a structured environment for
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286+1 selected technical parole or mandatory supervised release
287+2 violators and committed persons who have violated the
288+3 rules governing their conduct while in work release. This
289+4 program shall not apply to those persons who have
290+5 committed a new offense while serving on parole or
291+6 mandatory supervised release or while committed to work
292+7 release.
293+8 Elements of the program shall include, but shall not
294+9 be limited to, the following:
295+10 (1) The staff of a diversion facility shall
296+11 provide supervision in accordance with required
297+12 objectives set by the facility.
298+13 (2) Participants shall be required to maintain
299+14 employment.
300+15 (3) Each participant shall pay for room and board
301+16 at the facility on a sliding-scale basis according to
302+17 the participant's income.
303+18 (4) Each participant shall:
304+19 (A) provide restitution to victims in
305+20 accordance with any court order;
306+21 (B) provide financial support to his
307+22 dependents; and
308+23 (C) make appropriate payments toward any other
309+24 court-ordered obligations.
310+25 (5) Each participant shall complete community
311+26 service in addition to employment.
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322+1 (6) Participants shall take part in such
323+2 counseling, educational, and other programs as the
324+3 Department may deem appropriate.
325+4 (7) Participants shall submit to drug and alcohol
326+5 screening.
327+6 (8) The Department shall promulgate rules
328+7 governing the administration of the program.
329+8 (r) To enter into intergovernmental cooperation
330+9 agreements under which persons in the custody of the
331+10 Department may participate in a county impact
332+11 incarceration program established under Section 3-6038 or
333+12 3-15003.5 of the Counties Code.
334+13 (r-5) (Blank).
335+14 (r-10) To systematically and routinely identify with
336+15 respect to each streetgang active within the correctional
337+16 system: (1) each active gang; (2) every existing
338+17 inter-gang affiliation or alliance; and (3) the current
339+18 leaders in each gang. The Department shall promptly
340+19 segregate leaders from inmates who belong to their gangs
341+20 and allied gangs. "Segregate" means no physical contact
342+21 and, to the extent possible under the conditions and space
343+22 available at the correctional facility, prohibition of
344+23 visual and sound communication. For the purposes of this
345+24 paragraph (r-10), "leaders" means persons who:
346+25 (i) are members of a criminal streetgang;
347+26 (ii) with respect to other individuals within the
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358+1 streetgang, occupy a position of organizer,
359+2 supervisor, or other position of management or
360+3 leadership; and
361+4 (iii) are actively and personally engaged in
362+5 directing, ordering, authorizing, or requesting
363+6 commission of criminal acts by others, which are
364+7 punishable as a felony, in furtherance of streetgang
365+8 related activity both within and outside of the
366+9 Department of Corrections.
367+10 "Streetgang", "gang", and "streetgang related" have the
368+11 meanings ascribed to them in Section 10 of the Illinois
369+12 Streetgang Terrorism Omnibus Prevention Act.
370+13 (s) To operate a super-maximum security institution,
371+14 in order to manage and supervise inmates who are
372+15 disruptive or dangerous and provide for the safety and
373+16 security of the staff and the other inmates.
374+17 (t) To monitor any unprivileged conversation or any
375+18 unprivileged communication, whether in person or by mail,
376+19 telephone, or other means, between an inmate who, before
377+20 commitment to the Department, was a member of an organized
378+21 gang and any other person without the need to show cause or
379+22 satisfy any other requirement of law before beginning the
380+23 monitoring, except as constitutionally required. The
381+24 monitoring may be by video, voice, or other method of
382+25 recording or by any other means. As used in this
383+26 subdivision (1)(t), "organized gang" has the meaning
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394+1 ascribed to it in Section 10 of the Illinois Streetgang
395+2 Terrorism Omnibus Prevention Act.
396+3 As used in this subdivision (1)(t), "unprivileged
397+4 conversation" or "unprivileged communication" means a
398+5 conversation or communication that is not protected by any
399+6 privilege recognized by law or by decision, rule, or order
400+7 of the Illinois Supreme Court.
401+8 (u) To establish a Women's and Children's Pre-release
402+9 Community Supervision Program for the purpose of providing
403+10 housing and services to eligible female inmates, as
404+11 determined by the Department, and their newborn and young
405+12 children.
406+13 (u-5) To issue an order, whenever a person committed
407+14 to the Department absconds or absents himself or herself,
408+15 without authority to do so, from any facility or program
409+16 to which he or she is assigned. The order shall be
410+17 certified by the Director, the Supervisor of the
411+18 Apprehension Unit, or any person duly designated by the
412+19 Director, with the seal of the Department affixed. The
413+20 order shall be directed to all sheriffs, coroners, and
414+21 police officers, or to any particular person named in the
415+22 order. Any order issued pursuant to this subdivision
416+23 (1)(u-5) shall be sufficient warrant for the officer or
417+24 person named in the order to arrest and deliver the
418+25 committed person to the proper correctional officials and
419+26 shall be executed the same as criminal process.
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430+1 (u-6) To appoint a point of contact person who shall
431+2 receive suggestions, complaints, or other requests to the
432+3 Department from visitors to Department institutions or
433+4 facilities and from other members of the public.
434+5 (v) To do all other acts necessary to carry out the
435+6 provisions of this Chapter.
436+7 (2) The Department of Corrections shall by January 1,
437+8 1998, consider building and operating a correctional facility
438+9 within 100 miles of a county of over 2,000,000 inhabitants,
439+10 especially a facility designed to house juvenile participants
440+11 in the impact incarceration program.
441+12 (3) When the Department lets bids for contracts for
442+13 medical services to be provided to persons committed to
443+14 Department facilities by a health maintenance organization,
444+15 medical service corporation, or other health care provider,
445+16 the bid may only be let to a health care provider that has
446+17 obtained an irrevocable letter of credit or performance bond
447+18 issued by a company whose bonds have an investment grade or
448+19 higher rating by a bond rating organization.
449+20 (4) When the Department lets bids for contracts for food
450+21 or commissary services to be provided to Department
451+22 facilities, the bid may only be let to a food or commissary
452+23 services provider that has obtained an irrevocable letter of
453+24 credit or performance bond issued by a company whose bonds
454+25 have an investment grade or higher rating by a bond rating
455+26 organization.
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466+1 (5) On and after the date 6 months after August 16, 2013
467+2 (the effective date of Public Act 98-488), as provided in the
468+3 Executive Order 1 (2012) Implementation Act, all of the
469+4 powers, duties, rights, and responsibilities related to State
470+5 healthcare purchasing under this Code that were transferred
471+6 from the Department of Corrections to the Department of
472+7 Healthcare and Family Services by Executive Order 3 (2005) are
473+8 transferred back to the Department of Corrections; however,
474+9 powers, duties, rights, and responsibilities related to State
475+10 healthcare purchasing under this Code that were exercised by
476+11 the Department of Corrections before the effective date of
477+12 Executive Order 3 (2005) but that pertain to individuals
478+13 resident in facilities operated by the Department of Juvenile
479+14 Justice are transferred to the Department of Juvenile Justice.
480+15 (6) The Department of Corrections shall provide lactation
481+16 or nursing mothers rooms for personnel of the Department. The
482+17 rooms shall be provided in each facility of the Department
483+18 that employs nursing mothers. Each individual lactation room
484+19 must:
485+20 (i) contain doors that lock;
486+21 (ii) have an "Occupied" sign for each door;
487+22 (iii) contain electrical outlets for plugging in
488+23 breast pumps;
489+24 (iv) have sufficient lighting and ventilation;
490+25 (v) contain comfortable chairs;
491+26 (vi) contain a countertop or table for all necessary
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