Public Act 097-0802
 
SB2844 EnrolledLRB097 17589 RLC 62795 b

    AN ACT concerning corrections.
 
    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 Sections 3-2-2 and 3-6-2 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.
        (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 Director
    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, to inquire into any alleged
    misconduct by employees or committed persons, and to
    investigate the assets of committed persons to implement
    Section 3-7-6 of this Code; 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.
        (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) In a confidential annual report to the Governor,
    the Department shall identify all inmate gangs by
    specifying each current gang's name, population and allied
    gangs. The Department shall further specify the number of
    top leaders identified by the Department for each gang
    during the past year, and the measures taken by the
    Department to segregate each leader from his or her gang
    and allied gangs. The Department shall further report the
    current status of leaders identified and segregated in
    previous years. All leaders described in the report shall
    be identified by inmate number or other designation to
    enable tracking, auditing, and verification without
    revealing the names of the leaders. Because this report
    contains law enforcement intelligence information
    collected by the Department, the report is confidential and
    not subject to public disclosure.
        (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 good conduct 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.
        (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
are rated AAA 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 are rated AAA by a bond
rating organization.
(Source: P.A. 96-1265, eff. 7-26-10.)
 
    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
    Sec. 3-6-2. Institutions and Facility Administration.
    (a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
    (b) The chief administrative officer shall have such
assistants as the Department may assign.
    (c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
    (d) The Department shall provide educational programs for
all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an
associate, baccalaureate, or higher degree from a community
college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
    (d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
    (e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on the
person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
        (1) that immediate medical or surgical treatment is
    required relative to a condition threatening to cause
    death, damage or impairment to bodily functions, or
    disfigurement; and
        (2) that the person is not capable of giving consent to
    such treatment; the chief administrative officer may give
    consent for such medical or surgical treatment, and such
    consent shall be deemed to be the consent of the person for
    all purposes, including, but not limited to, the authority
    of a physician to give such treatment.
    (e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
    (f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. The Department shall require the committed
person receiving medical or dental services on a non-emergency
basis to pay a $5 co-payment to the Department for each visit
for medical or dental services. The amount of each co-payment
shall be deducted from the committed person's individual
account. A committed person who has a chronic illness, as
defined by Department rules and regulations, shall be exempt
from the $5 co-payment for treatment of the chronic illness. A
committed person shall not be subject to a $5 co-payment for
follow-up visits ordered by a physician, who is employed by, or
contracts with, the Department. A committed person who is
indigent is exempt from the $5 co-payment and is entitled to
receive medical or dental services on the same basis as a
committed person who is financially able to afford the
co-payment. For purposes of this Section only, "indigent" means
a committed person who has $20 or less in his or her Inmate
Trust Fund at the time of such services and or for the 30 days
prior to such services. Notwithstanding any other provision in
this subsection (f) to the contrary, any person committed to
any facility operated by the Department of Juvenile Justice, as
set forth in Section 3-2.5-15 of this Code, is exempt from the
co-payment requirement for the duration of confinement in those
facilities.
    (g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
    (h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
        (1) family advocacy counseling;
        (2) parent self-help group;
        (3) parenting skills training;
        (4) parent and child overnight program;
        (5) parent and child reunification counseling, either
    separately or together, preceding the inmate's release;
    and
        (6) a prerelease reunification staffing involving the
    family advocate, the inmate and the child's counselor, or
    both and the inmate.
    (i) (Blank). a test approved by the Illinois Department of
Public Health to determine the presence of HIV infection, based
upon recommendations of United States Centers for Disease
Control and Prevention a reliable supplemental based upon
recommendations of the United States Centers for Disease
Control and Prevention information
    (j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and
guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
    (k) Any minor committed to the Department of Juvenile
Justice for a sex offense as defined by the Sex Offender
Management Board Act shall be required to undergo sex offender
treatment by a treatment provider approved by the Board and
conducted in conformance with the Sex Offender Management Board
Act.
    (l) Prior to the release of any inmate committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with
appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The Department
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department must also offer the committed person the option of
testing for infection with human immunodeficiency virus (HIV),
with no copayment for the test. Pre-test information shall be
provided to the committed person and informed consent obtained
as required in subsection (d) of Section 3 and Section 5 of the
AIDS Confidentiality Act. The Department may conduct opt-out
HIV testing as defined in Section 4 of the AIDS Confidentiality
Act. If the Department conducts opt-out HIV testing, the
Department shall place signs in English, Spanish and other
languages as needed in multiple, highly visible locations in
the area where HIV testing is conducted informing inmates that
they will be tested for HIV unless they refuse, and refusal or
acceptance of testing shall be documented in the inmate's
medical record. The Department shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
testing must be conducted by medical personnel, but pre-test
and other information may be provided by committed persons who
have received appropriate training. The Department, in
conjunction with the Department of Public Health, shall develop
a plan that complies with the AIDS Confidentiality Act to
deliver confidentially all positive or negative HIV test
results to inmates or former inmates. Nothing in this Section
shall require the Department to offer HIV testing to an inmate
who is known to be infected with HIV, or who has been tested
for HIV within the previous 180 days and whose documented HIV
test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
    Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a
timely manner shall offer the inmate transitional case
management, including referrals to other support services.
    (m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for addiction recovery services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
        (1) the addiction recovery service contacts the chief
    administrative officer to arrange the meeting;
        (2) the committed person may attend the meeting for
    addiction recovery services only if the committed person
    uses pre-existing free time already available to the
    committed person;
        (3) all disciplinary and other rules of the institution
    or facility remain in effect;
        (4) the committed person is not given any additional
    privileges to attend addiction recovery services;
        (5) if the addiction recovery service does not arrange
    for scheduling a meeting for that week, no addiction
    recovery services shall be provided to the committed person
    in the institution or facility for that week;
        (6) the number of committed persons who may attend an
    addiction recovery meeting shall not exceed 40 during any
    session held at the correctional institution or facility;
        (7) a volunteer seeking to provide addiction recovery
    services under this subsection (m) must submit an
    application to the Department of Corrections under
    existing Department rules and the Department must review
    the application within 60 days after submission of the
    application to the Department; and
        (8) each institution and facility of the Department
    shall manage the addiction recovery services program
    according to its own processes and procedures.
    For the purposes of this subsection (m), "addiction
recovery services" means recovery services for alcoholics and
addicts provided by volunteers of recovery support services
recognized by the Department of Human Services.
(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
eff. 8-12-11; 97-562, eff. 1-1-12; revised 9-14-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.