Public Act 102-0535
 
SB1976 EnrolledLRB102 10348 RLC 15675 b


  
    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.

        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

        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.

        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

    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.)