Rep. Robyn Gabel
Filed: 4/28/2021
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1976 




2    AMENDMENT NO. ______. Amend Senate Bill 1976 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Unified Code of Corrections is amended  by 
5changing Section 3-2-2 as follows:
 


6    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)


7    Sec. 3-2-2. Powers and duties of the Department. 

8    (1) In addition to the powers, duties, and 
9responsibilities which are
otherwise provided by law, the 
10Department shall have the following powers:

11        (a) To accept persons committed to it by the courts of 
12    this State for
care, custody, treatment and 
13    rehabilitation, and to accept federal prisoners and aliens 
14    over whom the Office of the Federal Detention Trustee is 
15    authorized to exercise the federal detention function for 
16    limited purposes and periods of time.

 
 
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1        (b) To develop and maintain reception and evaluation 
2    units for purposes
of analyzing the custody and 
3    rehabilitation needs of persons committed to
it and to 
4    assign such persons to institutions and programs under its 
5    control
or transfer them to other appropriate agencies.  In 
6    consultation with the
Department of Alcoholism and 
7    Substance Abuse (now the Department of Human
Services), 
8    the Department of Corrections
shall develop a master plan 
9    for the screening and evaluation of persons
committed to 
10    its custody who have alcohol or drug abuse problems, and 
11    for
making appropriate treatment available to such 
12    persons; the Department
shall report to the General 
13    Assembly on such plan not later than April 1,
1987.  The 
14    maintenance and implementation of such plan shall be 
15    contingent
upon the availability of funds.

16        (b-1) To create and implement, on January 1, 2002, a 
17    pilot
program to
establish the effectiveness of 
18    pupillometer technology (the measurement of the
pupil's

19    reaction to light) as an alternative to a urine test for 
20    purposes of screening
and evaluating
persons committed to 
21    its custody who have alcohol or drug problems. The
pilot 
22    program shall require the pupillometer technology to be 
23    used in at
least one Department of
Corrections facility.  
24    The Director may expand the pilot program to include an

25    additional facility or
facilities as he or she deems 
26    appropriate.
A minimum of 4,000 tests shall be included in 
 
 
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1    the pilot program.
The
Department must report to the

2    General Assembly on the
effectiveness of the program by 
3    January 1, 2003.

4        (b-5) To develop, in consultation with the Department 
5    of State Police, a
program for tracking and evaluating 
6    each inmate from commitment through release
for recording 
7    his or her gang affiliations, activities, or ranks.

8        (c) To maintain and administer all State correctional 
9    institutions and
facilities under its control and to 
10    establish new ones as needed.  Pursuant
to its power to 
11    establish new institutions and facilities, the Department

12    may, with the written approval of the Governor, authorize 
13    the Department of
Central Management Services to enter 
14    into an agreement of the type
described in subsection (d) 
15    of Section 405-300 of the
Department
of Central Management 
16    Services Law (20 ILCS 405/405-300).  The Department shall

17    designate those institutions which
shall constitute the 
18    State Penitentiary System.

19        Pursuant to its power to establish new institutions 
20    and facilities, the
Department may authorize the 
21    Department of Central Management Services to
accept bids 
22    from counties and municipalities for the construction,

23    remodeling or conversion of a structure to be leased to 
24    the Department of
Corrections for the purposes of its 
25    serving as a correctional institution
or facility.  Such 
26    construction, remodeling or conversion may be financed

 
 
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1    with revenue bonds issued pursuant to the Industrial 
2    Building Revenue Bond
Act by the municipality or county.  
3    The lease specified in a bid shall be
for a term of not 
4    less than the time needed to retire any revenue bonds
used 
5    to finance the project, but not to exceed 40 years.  The 
6    lease may
grant to the State the option to purchase the 
7    structure outright.

8        Upon receipt of the bids, the Department may certify 
9    one or more of the
bids and shall submit any such bids to 
10    the General Assembly for approval.
Upon approval of a bid 
11    by a constitutional majority of both houses of the
General 
12    Assembly, pursuant to joint resolution, the Department of 
13    Central
Management Services may enter into an agreement 
14    with the county or
municipality pursuant to such bid.

15        (c-5) To build and maintain regional juvenile 
16    detention centers and to
charge a per diem to the counties 
17    as established by the Department to defray
the costs of 
18    housing each minor in a center.  In this subsection (c-5),

19    "juvenile
detention center" means a facility to house 
20    minors during pendency of trial who
have been transferred 
21    from proceedings under the Juvenile Court Act of 1987 to

22    prosecutions under the criminal laws of this State in 
23    accordance with Section
5-805 of the Juvenile Court Act of 
24    1987, whether the transfer was by operation
of
law or 
25    permissive under that Section.  The Department shall 
26    designate the
counties to be served by each regional 
 
 
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1    juvenile detention center.

2        (d) To develop and maintain programs of control, 
3    rehabilitation and
employment of committed persons within 
4    its institutions.

5        (d-5) To provide a pre-release job preparation program 
6    for inmates at Illinois adult correctional centers.

7        (d-10)  To provide educational and visitation 
8    opportunities to committed persons within its institutions 
9    through temporary access to content-controlled tablets 
10    that may be provided as a privilege to committed persons 
11    to induce or reward compliance. 
12        (e) To establish a system of supervision and guidance 
13    of committed persons
in the community.

14        (f) To establish in cooperation with the Department of 
15    Transportation
to supply a sufficient number of prisoners 
16    for use by the Department of
Transportation to clean up 
17    the trash and garbage along State, county,
township, or 
18    municipal highways as designated by the Department of

19    Transportation.  The Department of Corrections, at the 
20    request of the
Department of Transportation, shall furnish 
21    such prisoners at least
annually for a period to be agreed 
22    upon between the Director of
Corrections and the Secretary 
23    of Transportation.  The prisoners used on this
program 
24    shall be selected by the Director of Corrections on 
25    whatever basis
he deems proper in consideration of their 
26    term, behavior and earned eligibility
to participate in 
 
 
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1    such program - where they will be outside of the prison

2    facility but still in the custody of the Department of 
3    Corrections.  Prisoners
convicted of first degree murder, 
4    or a Class X felony, or armed violence, or
aggravated 
5    kidnapping,  or criminal sexual assault, aggravated 
6    criminal sexual
abuse or a subsequent conviction for 
7    criminal sexual abuse, or forcible
detention, or arson, or 
8    a prisoner adjudged a Habitual Criminal shall not be

9    eligible for selection to participate in such program.  The 
10    prisoners shall
remain as prisoners in the custody of the 
11    Department of Corrections and such
Department shall 
12    furnish whatever security is necessary. The Department of

13    Transportation shall furnish trucks and equipment for the 
14    highway cleanup
program and personnel to supervise and 
15    direct the program. Neither the
Department of Corrections 
16    nor the Department of Transportation shall replace
any 
17    regular employee with a prisoner.

18        (g) To maintain records of persons committed to it and 
19    to establish
programs of research, statistics and 
20    planning.

21        (h) To investigate the grievances of any person 
22    committed to the
Department and to inquire into any 
23    alleged misconduct by employees
or committed persons; and 
24    for
these purposes it may issue subpoenas and compel the 
25    attendance of witnesses
and the production of writings and 
26    papers, and may examine under oath any
witnesses who may 
 
 
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1    appear before it; to also investigate alleged violations

2    of a parolee's or releasee's conditions of parole or 
3    release; and for this
purpose it may issue subpoenas and 
4    compel the attendance of witnesses and
the production of 
5    documents only if there is reason to believe that such

6    procedures would provide evidence that such violations 
7    have occurred.

8        If any person fails to obey a subpoena issued under 
9    this subsection,
the Director may apply to any circuit 
10    court to secure compliance with the
subpoena.  The failure 
11    to comply with the order of the court issued in
response 
12    thereto shall be punishable as contempt of court.

13        (i) To appoint and remove the chief administrative 
14    officers, and
administer
programs of training and 
15    development of personnel of the Department. Personnel

16    assigned by the Department to be responsible for the

17    custody and control of committed persons or to investigate 
18    the alleged
misconduct of committed persons or employees 
19    or alleged violations of a
parolee's or releasee's 
20    conditions of parole shall be conservators of the peace

21    for those purposes, and shall have the full power of peace 
22    officers outside
of the facilities of the Department in 
23    the protection, arrest, retaking
and reconfining of 
24    committed persons or where the exercise of such power
is 
25    necessary to the investigation of such misconduct or 
26    violations. This subsection shall not apply to persons 
 
 
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1    committed to the Department of Juvenile Justice under the 
2    Juvenile Court Act of 1987 on aftercare release.

3        (j) To cooperate with other departments and agencies 
4    and with local
communities for the development of 
5    standards and programs for better
correctional services in 
6    this State.

7        (k) To administer all moneys and properties of the 
8    Department.

9        (l) To report annually to the Governor on the 
10    committed
persons, institutions and programs of the 
11    Department.

12        (l-5) (Blank).

13        (m) To make all rules and regulations and exercise all 
14    powers and duties
vested by law in the Department.

15        (n) To establish rules and regulations for 
16    administering a system of
sentence credits, established in 
17    accordance with Section 3-6-3, subject
to review by the 
18    Prisoner Review Board.

19        (o) To administer the distribution of funds
from the 
20    State Treasury to reimburse counties where State penal

21    institutions are located for the payment of assistant 
22    state's attorneys'
salaries under Section 4-2001 of the 
23    Counties Code.

24        (p) To exchange information with the Department of 
25    Human Services and the
 Department of Healthcare and Family 
26    Services

for the purpose of verifying living arrangements 
 
 
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1    and for other purposes
directly connected with the 
2    administration of this Code and the Illinois
Public Aid 
3    Code.

4        (q) To establish a diversion program.

5        The program shall provide a structured environment for 
6    selected
technical parole or mandatory supervised release 
7    violators and committed
persons who have violated the 
8    rules governing their conduct while in work
release.  This 
9    program shall not apply to those persons who have 
10    committed
a new offense while serving on parole or 
11    mandatory supervised release or
while committed to work 
12    release.

13        Elements of the program shall include, but shall not 
14    be limited to, the
following:

15            (1) The staff of a diversion facility shall 
16        provide supervision in
accordance with required 
17        objectives set by the facility.

18            (2) Participants shall be required to maintain 
19        employment.

20            (3) Each participant shall pay for room and board 
21        at the facility on a
sliding-scale basis according to 
22        the participant's income.

23            (4) Each participant shall:

24                (A) provide restitution to victims in 
25            accordance with any court order;

26                (B) provide financial support to his 
 
 
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1            dependents; and

2                (C) make appropriate payments toward any other 
3            court-ordered
obligations.

4            (5) Each participant shall complete community 
5        service in addition to
employment.

6            (6) Participants shall take part in such 
7        counseling, educational and
other programs as the 
8        Department may deem appropriate.

9            (7) Participants shall submit to drug and alcohol 
10        screening.

11            (8) The Department shall promulgate rules 
12        governing the administration
of the program.

13        (r) To enter into intergovernmental cooperation 
14    agreements under which
persons in the custody of the 
15    Department may participate in a county impact

16    incarceration program established under Section 3-6038 or 
17    3-15003.5 of the
Counties Code.

18        (r-5) (Blank).

19        (r-10) To systematically and routinely identify with 
20    respect to each
streetgang active within the correctional 
21    system: (1) each active gang; (2)
every existing 
22    inter-gang affiliation or alliance; and (3) the current 
23    leaders
in each gang.  The Department shall promptly 
24    segregate leaders from inmates who
belong to their gangs 
25    and allied gangs.  "Segregate" means no physical contact

26    and, to the extent possible under the conditions and space 
 
 
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1    available at the
correctional facility, prohibition of 
2    visual and sound communication.  For the
purposes of this 
3    paragraph (r-10), "leaders" means persons who:

4            (i) are members of a criminal streetgang;

5            (ii) with respect to other individuals within the 
6        streetgang, occupy a
position of organizer, 
7        supervisor, or other position of management or

8        leadership; and

9            (iii) are actively and personally engaged in 
10        directing, ordering,
authorizing, or requesting 
11        commission of criminal acts by others, which are

12        punishable as a felony, in furtherance of streetgang 
13        related activity both
within and outside of the 
14        Department of Corrections.

15    "Streetgang", "gang", and "streetgang related" have the 
16    meanings ascribed to
them in Section 10 of the Illinois 
17    Streetgang Terrorism Omnibus Prevention
Act.

18        (s) To operate a super-maximum security institution, 
19    in order to
manage and
supervise inmates who are 
20    disruptive or dangerous and provide for the safety
and 
21    security of the staff and the other inmates.

22        (t) To monitor any unprivileged conversation or any 
23    unprivileged
communication, whether in person or  by mail, 
24    telephone, or other means,
between an inmate who, before 
25    commitment to the Department, was a member of an
organized 
26    gang and any other person without the need to show cause or 
 
 
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1    satisfy
any other requirement of law before beginning the 
2    monitoring, except as
constitutionally required. The 
3    monitoring may be by video, voice, or other
method of 
4    recording or by any other means.  As used in this 
5    subdivision (1)(t),
"organized gang" has the meaning 
6    ascribed to it in Section 10 of the Illinois
Streetgang 
7    Terrorism Omnibus Prevention Act.

8        As used in this subdivision (1)(t), "unprivileged 
9    conversation" or
"unprivileged communication" means a 
10    conversation or communication that is not
protected by any 
11    privilege recognized by law or by decision, rule, or order 
12    of
the Illinois Supreme Court.

13        (u) To establish a Women's and Children's Pre-release 
14    Community
Supervision
Program for the purpose of providing 
15    housing and services to eligible female
inmates, as 
16    determined by the Department, and their newborn and young

17    children.

18        (u-5)  To issue an order, whenever a person committed 
19    to the Department absconds or absents himself or herself, 
20    without authority to do so, from any facility or program 
21    to which he or she is assigned.  The  order shall be 
22    certified by the Director, the Supervisor of the 
23    Apprehension Unit, or any person duly designated by the 
24    Director, with the seal of the Department affixed. The 
25    order shall be directed to all sheriffs, coroners, and 
26    police officers, or to any particular person named in the 
 
 
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1    order.  Any order issued pursuant to this subdivision (1) 
2    (u-5) shall be sufficient warrant for the officer or 
3    person named in the order to arrest and deliver the 
4    committed person to the proper correctional officials and 
5    shall be executed the same as criminal process. 
6        (u-6) To provide at every visiting waiting area, a 
7    sign containing at a minimum, the following information in 
8    bold block type, posted in a conspicuous place:
9            (1) a short statement notifying visitors of a 
10        point of contact person to receive suggestions, 
11        complaints, or other requests; and
12            (2) information on how to submit suggestions, 
13        complaints, or other requests to a point of contact 
14        person. 
15        (v) To do all other acts necessary to carry out the 
16    provisions
of this Chapter.

17    (2) The Department of Corrections shall by January 1, 
181998, consider
building and operating a correctional facility 
19within 100 miles of a county of
over 2,000,000 inhabitants, 
20especially a facility designed to house juvenile
participants 
21in the impact incarceration program.

22    (3) When the Department lets bids for contracts for 
23medical
services to be provided to persons committed to 
24Department facilities by
a health maintenance organization, 
25medical service corporation, or other
health care provider, 
26the bid may only be let to a health care provider
that has 
 
 
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1obtained an irrevocable letter of credit or performance bond

2issued by a company whose bonds have an investment grade or 
3higher rating by a bond rating
organization.

4    (4) When the Department lets bids for
contracts for food 
5or commissary services to be provided to
Department 
6facilities, the bid may only be let to a food or commissary

7services provider that has obtained an irrevocable letter of

8credit or performance bond issued by a company whose bonds 
9have an investment grade or higher rating by a bond rating 
10organization.

11    (5) On and after the date 6 months after August 16, 2013 
12(the effective date of Public Act 98-488), as provided in the 
13Executive Order 1 (2012) Implementation Act, all of the 
14powers, duties, rights, and responsibilities related to State 
15healthcare purchasing under this Code that were transferred 
16from the Department of Corrections to the Department of 
17Healthcare and Family Services by Executive Order 3 (2005) are 
18transferred back to the Department of Corrections; however, 
19powers, duties, rights, and responsibilities related to State 
20healthcare purchasing under this Code that were exercised by 
21the Department of Corrections before the effective date of 
22Executive Order 3 (2005) but that pertain to  individuals 
23resident in facilities operated by the Department of Juvenile 
24Justice are transferred to the Department of Juvenile Justice. 
25(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; 
26101-235, eff. 1-1-20.)


 
 
 
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1    Section 99. Effective date. This Act takes effect upon 
2becoming law.".