IL
Illinois Senate Bill SB3534

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3534 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3534 Introduced 2/9/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 730 ILCS 190/10 Amends the Illinois Crime Reduction Act of 2009. Provides that the policies, rules, and regulations adopted by the Parole Division and the Prisoner Review Board shall authorize and implement the use by the Department of Corrections of drug detecting scanning devices for supervised individuals packages and mail. Provides that the policies, rules, and regulations of the Department of Corrections shall authorize and implement the Department of Corrections use of drug detecting scanning devices for prisoners packages and mail for suspected drugs. LRB103 38076 RLC 68208 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3534 Introduced 2/9/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 730 ILCS 190/10 730 ILCS 190/10 Amends the Illinois Crime Reduction Act of 2009. Provides that the policies, rules, and regulations adopted by the Parole Division and the Prisoner Review Board shall authorize and implement the use by the Department of Corrections of drug detecting scanning devices for supervised individuals packages and mail. Provides that the policies, rules, and regulations of the Department of Corrections shall authorize and implement the Department of Corrections use of drug detecting scanning devices for prisoners packages and mail for suspected drugs. LRB103 38076 RLC 68208 b LRB103 38076 RLC 68208 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3534 Introduced 2/9/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
33 730 ILCS 190/10 730 ILCS 190/10
44 730 ILCS 190/10
55 Amends the Illinois Crime Reduction Act of 2009. Provides that the policies, rules, and regulations adopted by the Parole Division and the Prisoner Review Board shall authorize and implement the use by the Department of Corrections of drug detecting scanning devices for supervised individuals packages and mail. Provides that the policies, rules, and regulations of the Department of Corrections shall authorize and implement the Department of Corrections use of drug detecting scanning devices for prisoners packages and mail for suspected drugs.
66 LRB103 38076 RLC 68208 b LRB103 38076 RLC 68208 b
77 LRB103 38076 RLC 68208 b
88 A BILL FOR
99 SB3534LRB103 38076 RLC 68208 b SB3534 LRB103 38076 RLC 68208 b
1010 SB3534 LRB103 38076 RLC 68208 b
1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Crime Reduction Act of 2009 is
1515 5 amended by changing Section 10 as follows:
1616 6 (730 ILCS 190/10)
1717 7 Sec. 10. Evidence-based programming.
1818 8 (a) Purpose. Research and practice have identified new
1919 9 strategies and policies that can result in a significant
2020 10 reduction in recidivism rates and the successful local
2121 11 reintegration of offenders. The purpose of this Section is to
2222 12 ensure that State and local agencies direct their resources to
2323 13 services and programming that have been demonstrated to be
2424 14 effective in reducing recidivism and reintegrating offenders
2525 15 into the locality.
2626 16 (b) Evidence-based programming in local supervision.
2727 17 (1) The Parole Division of the Department of
2828 18 Corrections and the Prisoner Review Board shall adopt
2929 19 policies, rules, and regulations that, within the first
3030 20 year of the adoption, validation, and utilization of the
3131 21 statewide, standardized risk assessment tool described in
3232 22 this Act, result in at least 25% of supervised individuals
3333 23 being supervised in accordance with evidence-based
3434
3535
3636
3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3534 Introduced 2/9/2024, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3838 730 ILCS 190/10 730 ILCS 190/10
3939 730 ILCS 190/10
4040 Amends the Illinois Crime Reduction Act of 2009. Provides that the policies, rules, and regulations adopted by the Parole Division and the Prisoner Review Board shall authorize and implement the use by the Department of Corrections of drug detecting scanning devices for supervised individuals packages and mail. Provides that the policies, rules, and regulations of the Department of Corrections shall authorize and implement the Department of Corrections use of drug detecting scanning devices for prisoners packages and mail for suspected drugs.
4141 LRB103 38076 RLC 68208 b LRB103 38076 RLC 68208 b
4242 LRB103 38076 RLC 68208 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 730 ILCS 190/10
5050
5151
5252
5353 LRB103 38076 RLC 68208 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 SB3534 LRB103 38076 RLC 68208 b
6464
6565
6666 SB3534- 2 -LRB103 38076 RLC 68208 b SB3534 - 2 - LRB103 38076 RLC 68208 b
6767 SB3534 - 2 - LRB103 38076 RLC 68208 b
6868 1 practices; within 3 years of the adoption, validation, and
6969 2 utilization of the statewide, standardized risk assessment
7070 3 tool result in at least 50% of supervised individuals
7171 4 being supervised in accordance with evidence-based
7272 5 practices; and within 5 years of the adoption, validation,
7373 6 and utilization of the statewide, standardized risk
7474 7 assessment tool result in at least 75% of supervised
7575 8 individuals being supervised in accordance with
7676 9 evidence-based practices. The policies, rules, and
7777 10 regulations shall:
7878 11 (A) Provide for a standardized individual case
7979 12 plan that follows the offender through the criminal
8080 13 justice system (including in-prison if the supervised
8181 14 individual is in prison) that is:
8282 15 (i) Based on the assets of the individual as
8383 16 well as his or her risks and needs identified
8484 17 through the assessment tool as described in this
8585 18 Act.
8686 19 (ii) Comprised of treatment and supervision
8787 20 services appropriate to achieve the purpose of
8888 21 this Act.
8989 22 (iii) Consistently updated, based on program
9090 23 participation by the supervised individual and
9191 24 other behavior modification exhibited by the
9292 25 supervised individual.
9393 26 (B) Concentrate resources and services on
9494
9595
9696
9797
9898
9999 SB3534 - 2 - LRB103 38076 RLC 68208 b
100100
101101
102102 SB3534- 3 -LRB103 38076 RLC 68208 b SB3534 - 3 - LRB103 38076 RLC 68208 b
103103 SB3534 - 3 - LRB103 38076 RLC 68208 b
104104 1 high-risk offenders.
105105 2 (C) Provide for the use of evidence-based
106106 3 programming related to education, job training,
107107 4 cognitive behavioral therapy, and other programming
108108 5 designed to reduce criminal behavior.
109109 6 (C-1) Authorize and implement the use by the
110110 7 Department of Corrections of drug detecting scanning
111111 8 devices for supervised individuals packages and mail.
112112 9 (D) Establish a system of graduated responses.
113113 10 (i) The system shall set forth a menu of
114114 11 presumptive responses for the most common types of
115115 12 supervision violations.
116116 13 (ii) The system shall be guided by the model
117117 14 list of intermediate sanctions created by the
118118 15 Probation Services Division of the State of
119119 16 Illinois pursuant to subsection (1) of Section 15
120120 17 of the Probation and Probation Officers Act and
121121 18 the system of intermediate sanctions created by
122122 19 the Chief Judge of each circuit court pursuant to
123123 20 Section 5-6-1 of the Unified Code of Corrections.
124124 21 (iii) The system of responses shall take into
125125 22 account factors such as the severity of the
126126 23 current violation; the supervised individual's
127127 24 risk level as determined by a validated assessment
128128 25 tool described in this Act; the supervised
129129 26 individual's assets; his or her previous criminal
130130
131131
132132
133133
134134
135135 SB3534 - 3 - LRB103 38076 RLC 68208 b
136136
137137
138138 SB3534- 4 -LRB103 38076 RLC 68208 b SB3534 - 4 - LRB103 38076 RLC 68208 b
139139 SB3534 - 4 - LRB103 38076 RLC 68208 b
140140 1 record; and the number and severity of any
141141 2 previous supervision violations.
142142 3 (iv) The system shall also define positive
143143 4 reinforcements that supervised individuals may
144144 5 receive for compliance with conditions of
145145 6 supervision.
146146 7 (v) Response to violations should be swift and
147147 8 certain and should be imposed as soon as
148148 9 practicable but no longer than 3 working days of
149149 10 detection of the violation behavior.
150150 11 (vi) The system of graduated responses shall
151151 12 be published on the Department of Corrections
152152 13 website for public view.
153153 14 (2) Conditions of local supervision (probation and
154154 15 mandatory supervised release). Conditions of local
155155 16 supervision whether imposed by a sentencing judge or the
156156 17 Prisoner Review Board shall be imposed in accordance with
157157 18 the offender's risks, assets, and needs as identified
158158 19 through the assessment tool described in this Act.
159159 20 (3) The Department of Corrections and the Prisoner
160160 21 Review Board shall annually publish an exemplar copy of
161161 22 any evidence-based assessments, questionnaires, or other
162162 23 instruments used to set conditions of release.
163163 24 (c) Evidence-based in-prison programming.
164164 25 (1) The Department of Corrections shall adopt
165165 26 policies, rules, and regulations that, within the first
166166
167167
168168
169169
170170
171171 SB3534 - 4 - LRB103 38076 RLC 68208 b
172172
173173
174174 SB3534- 5 -LRB103 38076 RLC 68208 b SB3534 - 5 - LRB103 38076 RLC 68208 b
175175 SB3534 - 5 - LRB103 38076 RLC 68208 b
176176 1 year of the adoption, validation, and utilization of the
177177 2 statewide, standardized risk assessment tool described in
178178 3 this Act, result in at least 25% of incarcerated
179179 4 individuals receiving services and programming in
180180 5 accordance with evidence-based practices; within 3 years
181181 6 of the adoption, validation, and utilization of the
182182 7 statewide, standardized risk assessment tool result in at
183183 8 least 50% of incarcerated individuals receiving services
184184 9 and programming in accordance with evidence-based
185185 10 practices; and within 5 years of the adoption, validation,
186186 11 and utilization of the statewide, standardized risk
187187 12 assessment tool result in at least 75% of incarcerated
188188 13 individuals receiving services and programming in
189189 14 accordance with evidence-based practices. The policies,
190190 15 rules, and regulations shall:
191191 16 (A) Provide for the use and development of a case
192192 17 plan based on the risks, assets, and needs identified
193193 18 through the assessment tool as described in this Act.
194194 19 The case plan should be used to determine in-prison
195195 20 programming; should be continuously updated based on
196196 21 program participation by the prisoner and other
197197 22 behavior modification exhibited by the prisoner; and
198198 23 should be used when creating the case plan described
199199 24 in subsection (b).
200200 25 (B) Provide for the use of evidence-based
201201 26 programming related to education, job training,
202202
203203
204204
205205
206206
207207 SB3534 - 5 - LRB103 38076 RLC 68208 b
208208
209209
210210 SB3534- 6 -LRB103 38076 RLC 68208 b SB3534 - 6 - LRB103 38076 RLC 68208 b
211211 SB3534 - 6 - LRB103 38076 RLC 68208 b
212212 1 cognitive behavioral therapy and other evidence-based
213213 2 programming.
214214 3 (C) Establish education programs based on a
215215 4 teacher to student ratio of no more than 1:30.
216216 5 (D) Expand the use of drug prisons, modeled after
217217 6 the Sheridan Correctional Center, to provide
218218 7 sufficient drug treatment and other support services
219219 8 to non-violent inmates with a history of substance
220220 9 abuse.
221221 10 (E) Establish and implement the use of drug
222222 11 detecting devices for the scanning of all prisoner
223223 12 mail and packages for suspected drugs.
224224 13 (2) Participation and completion of programming by
225225 14 prisoners can impact earned time credit as determined
226226 15 under Section 3-6-3 of the Unified Code of Corrections.
227227 16 (3) The Department of Corrections shall provide its
228228 17 employees with intensive and ongoing training and
229229 18 professional development services to support the
230230 19 implementation of evidence-based practices. The training
231231 20 and professional development services shall include
232232 21 assessment techniques, case planning, cognitive behavioral
233233 22 training, risk reduction and intervention strategies,
234234 23 effective communication skills, substance abuse treatment
235235 24 education and other topics identified by the Department or
236236 25 its employees.
237237 26 (d) The Parole Division of the Department of Corrections
238238
239239
240240
241241
242242
243243 SB3534 - 6 - LRB103 38076 RLC 68208 b
244244
245245
246246 SB3534- 7 -LRB103 38076 RLC 68208 b SB3534 - 7 - LRB103 38076 RLC 68208 b
247247 SB3534 - 7 - LRB103 38076 RLC 68208 b
248248 1 and the Prisoner Review Board shall provide their employees
249249 2 with intensive and ongoing training and professional
250250 3 development services to support the implementation of
251251 4 evidence-based practices. The training and professional
252252 5 development services shall include assessment techniques, case
253253 6 planning, cognitive behavioral training, risk reduction and
254254 7 intervention strategies, effective communication skills,
255255 8 substance abuse treatment education, and other topics
256256 9 identified by the agencies or their employees.
257257 10 (e) The Department of Corrections, the Prisoner Review
258258 11 Board, and other correctional entities referenced in the
259259 12 policies, rules, and regulations of this Act shall design,
260260 13 implement, and make public a system to evaluate the
261261 14 effectiveness of evidence-based practices in increasing public
262262 15 safety and in successful reintegration of those under
263263 16 supervision into the locality. Annually, each agency shall
264264 17 submit to the Sentencing Policy Advisory Council a
265265 18 comprehensive report on the success of implementing
266266 19 evidence-based practices. The data compiled and analyzed by
267267 20 the Council shall be delivered annually to the Governor and
268268 21 the General Assembly.
269269 22 (f) The Department of Corrections and the Prisoner Review
270270 23 Board shall release a report annually published on their
271271 24 websites that reports the following information about the
272272 25 usage of electronic monitoring and GPS monitoring as a
273273 26 condition of parole and mandatory supervised release during
274274
275275
276276
277277
278278
279279 SB3534 - 7 - LRB103 38076 RLC 68208 b
280280
281281
282282 SB3534- 8 -LRB103 38076 RLC 68208 b SB3534 - 8 - LRB103 38076 RLC 68208 b
283283 SB3534 - 8 - LRB103 38076 RLC 68208 b
284284 1 the prior calendar year:
285285 2 (1) demographic data of individuals on electronic
286286 3 monitoring and GPS monitoring, separated by the following
287287 4 categories:
288288 5 (A) race or ethnicity;
289289 6 (B) gender; and
290290 7 (C) age;
291291 8 (2) incarceration data of individuals subject to
292292 9 conditions of electronic or GPS monitoring, separated by
293293 10 the following categories:
294294 11 (A) highest class of offense for which the
295295 12 individuals are currently serving a term of release;
296296 13 and
297297 14 (B) length of imprisonment served prior to the
298298 15 current release period;
299299 16 (3) the number of individuals subject to conditions of
300300 17 electronic or GPS monitoring, separated by the following
301301 18 categories:
302302 19 (A) the number of individuals subject to
303303 20 monitoring under Section 5-8A-6 of the Unified Code of
304304 21 Corrections;
305305 22 (B) the number of individuals subject monitoring
306306 23 under Section 5-8A-7 of the Unified Code of
307307 24 Corrections;
308308 25 (C) the number of individuals subject to
309309 26 monitoring under a discretionary order of the Prisoner
310310
311311
312312
313313
314314
315315 SB3534 - 8 - LRB103 38076 RLC 68208 b
316316
317317
318318 SB3534- 9 -LRB103 38076 RLC 68208 b SB3534 - 9 - LRB103 38076 RLC 68208 b
319319 SB3534 - 9 - LRB103 38076 RLC 68208 b
320320 1 Review Board at the time of their release; and
321321 2 (D) the number of individuals subject to
322322 3 monitoring as a sanction for violations of parole or
323323 4 mandatory supervised release, separated by the
324324 5 following categories:
325325 6 (i) the number of individuals subject to
326326 7 monitoring as part of a graduated sanctions
327327 8 program; and
328328 9 (ii) the number of individuals subject to
329329 10 monitoring as a new condition of re-release after
330330 11 a revocation hearing before the Prisoner Review
331331 12 Board;
332332 13 (4) the number of discretionary monitoring orders
333333 14 issued by the Prisoner Review Board, separated by the
334334 15 following categories:
335335 16 (A) less than 30 days;
336336 17 (B) 31 to 60 days;
337337 18 (C) 61 to 90 days;
338338 19 (D) 91 to 120 days;
339339 20 (E) 121 to 150 days;
340340 21 (F) 151 to 180 days;
341341 22 (G) 181 to 364 days;
342342 23 (H) 365 days or more; and
343343 24 (I) duration of release term;
344344 25 (5) the number of discretionary monitoring orders by
345345 26 the Board which removed or terminated monitoring prior to
346346
347347
348348
349349
350350
351351 SB3534 - 9 - LRB103 38076 RLC 68208 b
352352
353353
354354 SB3534- 10 -LRB103 38076 RLC 68208 b SB3534 - 10 - LRB103 38076 RLC 68208 b
355355 SB3534 - 10 - LRB103 38076 RLC 68208 b
356356 1 the completion of the original period ordered;
357357 2 (6) the number and severity category for sanctions
358358 3 imposed on individuals on electronic or GPS monitoring,
359359 4 separated by the following categories:
360360 5 (A) absconding from electronic monitoring or GPS;
361361 6 (B) tampering or removing the electronic
362362 7 monitoring or GPS device;
363363 8 (C) unauthorized leaving of the residence;
364364 9 (D) presence of the individual in a prohibited
365365 10 area; or
366366 11 (E) other violations of the terms of the
367367 12 electronic monitoring program;
368368 13 (7) the number of individuals for whom a parole
369369 14 revocation case was filed for failure to comply with the
370370 15 terms of electronic or GPS monitoring, separated by the
371371 16 following categories:
372372 17 (A) cases when failure to comply with the terms of
373373 18 monitoring was the sole violation alleged; and
374374 19 (B) cases when failure to comply with the terms of
375375 20 monitoring was alleged in conjunction with other
376376 21 alleged violations;
377377 22 (8) residential data for individuals subject to
378378 23 electronic or GPS monitoring, separated by the following
379379 24 categories:
380380 25 (A) the county of the residence address for
381381 26 individuals subject to electronic or GPS monitoring as
382382
383383
384384
385385
386386
387387 SB3534 - 10 - LRB103 38076 RLC 68208 b
388388
389389
390390 SB3534- 11 -LRB103 38076 RLC 68208 b SB3534 - 11 - LRB103 38076 RLC 68208 b
391391 SB3534 - 11 - LRB103 38076 RLC 68208 b
392392 1 a condition of their release; and
393393 2 (B) for counties with a population over 3,000,000,
394394 3 the zip codes of the residence address for individuals
395395 4 subject to electronic or GPS monitoring as a condition
396396 5 of their release;
397397 6 (9) the number of individuals for whom parole
398398 7 revocation cases were filed due to violations of paragraph
399399 8 (1) of subsection (a) of Section 3-3-7 of the Unified Code
400400 9 of Corrections, separated by the following categories:
401401 10 (A) the number of individuals whose violation of
402402 11 paragraph (1) of subsection (a) of Section 3-3-7 of
403403 12 the Unified Code of Corrections allegedly occurred
404404 13 while the individual was subject to conditions of
405405 14 electronic or GPS monitoring;
406406 15 (B) the number of individuals who had violations
407407 16 of paragraph (1) of subsection (a) of Section 3-3-7 of
408408 17 the Unified Code of Corrections alleged against them
409409 18 who were never subject to electronic or GPS monitoring
410410 19 during their current term of release; and
411411 20 (C) the number of individuals who had violations
412412 21 of paragraph (1) of subsection (a) of Section 3-3-7 of
413413 22 the Unified Code of Corrections alleged against them
414414 23 who were subject to electronic or GPS monitoring for
415415 24 any period of time during their current term of their
416416 25 release, but who were not subject to such monitoring
417417 26 at the time of the alleged violation of paragraph (1)
418418
419419
420420
421421
422422
423423 SB3534 - 11 - LRB103 38076 RLC 68208 b
424424
425425
426426 SB3534- 12 -LRB103 38076 RLC 68208 b SB3534 - 12 - LRB103 38076 RLC 68208 b
427427 SB3534 - 12 - LRB103 38076 RLC 68208 b
428428
429429
430430
431431
432432
433433 SB3534 - 12 - LRB103 38076 RLC 68208 b