Sen. John J. Cullerton
Filed: 5/5/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1875
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1875 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-12-1, 3-12-2, 3-12-3, 3-12-3a, 3-12-5, | ||||||
6 | 3-12-8, and 3-12-11 as follows:
| ||||||
7 | (730 ILCS 5/3-12-1) (from Ch. 38, par. 1003-12-1)
| ||||||
8 | Sec. 3-12-1. Useful Employment. The Department shall, in so | ||||||
9 | far as
possible, employ at useful work
committed persons | ||||||
10 | confined in institutions and facilities of the
Department, who | ||||||
11 | are over the age of compulsory school attendance,
physically | ||||||
12 | capable of such employment, and not otherwise occupied in
| ||||||
13 | programs of the Department. Such employment shall
equip such | ||||||
14 | persons with
marketable skills, promote habits of work and | ||||||
15 | responsibility and contribute
to the expense of the employment | ||||||
16 | program and the committed person's cost
of incarceration. | ||||||
17 | Recognizing that a program which duplicates as closely as | ||||||
18 | possible free-world production and service operations in order | ||||||
19 | to aid inmates in adjustment after release and to prepare | ||||||
20 | inmates for gainful employment is in the best interests of the | ||||||
21 | State, inmates, and the general public, the Department shall | ||||||
22 | contract with a nonprofit private corporation to lease and | ||||||
23 | manage the correctional employment programs of the Department | ||||||
24 | of Corrections under the requirements in the Illinois |
| |||||||
| |||||||
1 | Procurement Code. It is the intent of the General Assembly that | ||||||
2 | for Fiscal Year 2005 only, the changes made to the correctional | ||||||
3 | employment programs by this amendatory Act of the 93rd General | ||||||
4 | Assembly shall be implemented without increasing the relevant | ||||||
5 | line items of appropriation to the Department relating to | ||||||
6 | correctional employment programs that were appropriated to the | ||||||
7 | Department for that purpose in Fiscal Year 2004, if reasonably | ||||||
8 | possible.
| ||||||
9 | (Source: P.A. 86-450.)
| ||||||
10 | (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
| ||||||
11 | Sec. 3-12-2. Types of employment.
| ||||||
12 | (a) The Department and the non-profit private corporation | ||||||
13 | authorized to lease and manage correctional employment | ||||||
14 | programs may establish, maintain, train and employ committed
| ||||||
15 | persons in industries for the production of articles, materials | ||||||
16 | or supplies for
resale to authorized purchasers. They
It may | ||||||
17 | also employ committed persons on public
works, buildings and | ||||||
18 | property, the conservation of natural resources of the
State, | ||||||
19 | anti-pollution or environmental control projects, or for other | ||||||
20 | public
purposes, for the maintenance of the Department's | ||||||
21 | buildings and properties and
for the production of food or | ||||||
22 | other necessities for its programs. The
Department and the | ||||||
23 | non-profit private corporation authorized to lease and manage | ||||||
24 | correctional employment programs may establish, maintain and | ||||||
25 | employ committed persons in the
production of vehicle | ||||||
26 | registration plates. A committed person's labor shall
not be | ||||||
27 | sold, contracted or hired out by the Department except under | ||||||
28 | this
Article and under Section 3-9-2.
| ||||||
29 | (b) Works of art, literature, handicraft or other items | ||||||
30 | produced by
committed persons as an avocation and not as a | ||||||
31 | product of a work program of the
Department may be sold to the | ||||||
32 | public under rules and regulations established by
the | ||||||
33 | Department. The cost of selling such products may be deducted |
| |||||||
| |||||||
1 | from the
proceeds, and the balance shall be credited to the | ||||||
2 | person's account under
Section 3-4-3. The Department shall | ||||||
3 | notify the Attorney General of the
existence of any proceeds | ||||||
4 | which it believes should be applied towards a
satisfaction, in | ||||||
5 | whole or in part, of the person's incarceration costs.
| ||||||
6 | (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
| ||||||
7 | (730 ILCS 5/3-12-3) (from Ch. 38, par. 1003-12-3)
| ||||||
8 | Sec. 3-12-3. Vocational Training.
| ||||||
9 | The Department and the non-profit private corporation | ||||||
10 | authorized to lease and manage correctional employment | ||||||
11 | programs shall maintain programs of training in various | ||||||
12 | vocations
and trades in connection with its employment programs | ||||||
13 | and shall also
provide opportunities for training outside | ||||||
14 | working hours.
| ||||||
15 | (Source: P.A. 77-2097.)
| ||||||
16 | (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
| ||||||
17 | Sec. 3-12-3a. (a) (Blank).
Contracts, leases and business | ||||||
18 | agreements.
The
Department may enter into a contract, lease
or | ||||||
19 | any other type of business
agreement, not to exceed 20 years, | ||||||
20 | with any private corporation,
partnership, person or other
| ||||||
21 | business entity
for the purpose of utilizing committed persons | ||||||
22 | in the
manufacture of goods or wares, in the provision of | ||||||
23 | services or for any
other business or commercial enterprise | ||||||
24 | deemed by the Department to be
consistent with proper training | ||||||
25 | and rehabilitation of committed persons.
| ||||||
26 | (b) The Department shall be permitted to construct | ||||||
27 | buildings on State
property for the purposes identified in | ||||||
28 | subsection (a) and to lease for a
period not to exceed 20 years | ||||||
29 | any building or portion thereof on State
property for the | ||||||
30 | purposes identified in subsection (a).
| ||||||
31 | (c) Any contract, lease or other business agreement | ||||||
32 | referenced in
subsection (a), shall include a provision |
| |||||||
| |||||||
1 | requiring that all committed
persons assigned receive in | ||||||
2 | connection with their assignment such
vocational training | ||||||
3 | and/or apprenticeship programs as the Department deems | ||||||
4 | appropriate.
| ||||||
5 | (d) Committed persons assigned in accordance with this | ||||||
6 | Section shall be
compensated in accordance with the provisions | ||||||
7 | of Section 3-12-5.
| ||||||
8 | (Source: P.A. 86-450.)
| ||||||
9 | (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
| ||||||
10 | Sec. 3-12-5. Compensation. Persons performing a work | ||||||
11 | assignment under
subsection (a) of Section 3-12-2 may receive | ||||||
12 | wages under rules and regulations
of the Department. In | ||||||
13 | determining rates of compensation, the Department and the | ||||||
14 | non-profit private corporation authorized to lease and manage | ||||||
15 | correctional employment programs shall
consider the effort, | ||||||
16 | skill and economic value of the work performed.
Compensation | ||||||
17 | may be given to persons who participate in other programs of | ||||||
18 | the
Department. Of the compensation earned pursuant to this | ||||||
19 | Section, a portion, as
determined by the Department, shall be | ||||||
20 | used to offset the cost of the committed
person's | ||||||
21 | incarceration. If the committed person files a lawsuit | ||||||
22 | determined
frivolous
under Article XXII of the Code of Civil | ||||||
23 | Procedure, 50% of the
compensation shall be used to offset the | ||||||
24 | filing fees and costs of the lawsuit
as provided in
that | ||||||
25 | Article until all fees and costs are paid in full. All other | ||||||
26 | wages shall
be deposited in the individual's
account under | ||||||
27 | rules and regulations of the Department. The Department shall
| ||||||
28 | notify the Attorney General of any compensation applied towards | ||||||
29 | a satisfaction,
in whole or in part, of the person's | ||||||
30 | incarceration costs.
| ||||||
31 | (Source: P.A. 90-505, eff. 8-19-97.)
| ||||||
32 | (730 ILCS 5/3-12-8) (from Ch. 38, par. 1003-12-8)
|
| |||||||
| |||||||
1 | Sec. 3-12-8. Purchase and Control of Supplies.
| ||||||
2 | The Department and the non-profit private corporation | ||||||
3 | authorized to lease and manage correctional employment | ||||||
4 | programs may enter into contracts for the purchase of raw
| ||||||
5 | materials required for industrial production and shall have | ||||||
6 | charge of
articles, materials and supplies manufactured for | ||||||
7 | sale to purchasers.
| ||||||
8 | (Source: P.A. 77-2097.)
| ||||||
9 | (730 ILCS 5/3-12-11) (from Ch. 38, par. 1003-12-11)
| ||||||
10 | Sec. 3-12-11. Report to the General Assembly. By November | ||||||
11 | 1st of each
year, the Department shall furnish to the General | ||||||
12 | Assembly a report with
respect to the following factors for the | ||||||
13 | preceding fiscal year:
| ||||||
14 | (a) A balance sheet;
| ||||||
15 | (b) A financial statement, including profit or loss | ||||||
16 | figures;
| ||||||
17 | (c) The number and location of industries;
| ||||||
18 | (d) The quantity of each good produced;
| ||||||
19 | (e) The cost of materials and labor;
| ||||||
20 | (f) Sales and actual receipts, by purchaser and in total;
| ||||||
21 | (g) The average length of time between the receipt of | ||||||
22 | orders and delivery;
| ||||||
23 | (h) The average length of time between delivery and receipt | ||||||
24 | of payment;
| ||||||
25 | (i) The number of residents employed in each facility and | ||||||
26 | industry, the
number of vacancies occurring throughout the | ||||||
27 | year, whether or not they have
been subsequently filled, and | ||||||
28 | the reasons for such vacancies; and
| ||||||
29 | (j) Beginning on November 1, 1981, recidivism and | ||||||
30 | employment statistics
on former resident employees ; and | ||||||
31 | (k) Beginning January 1, 2006, data required in clauses (a) | ||||||
32 | through (j) of this Section shall include comparisons of the | ||||||
33 | not-for-profit's and the Department's activities .
|
| |||||||
| |||||||
1 | (Source: P.A. 81-1507.)
| ||||||
2 | Section 10. The Drug Court Treatment Act is amended by | ||||||
3 | changing Sections 15, 25, 30, and 35 as follows:
| ||||||
4 | (730 ILCS 166/15)
| ||||||
5 | Sec. 15. Authorization. The Chief Judge of each judicial | ||||||
6 | circuit
must
may
establish , in each county in the circuit with | ||||||
7 | a population exceeding 50,000, a
drug
court program including | ||||||
8 | the format under which it operates under
this Act. A Chief | ||||||
9 | Judge may establish, in any county in the circuit with a | ||||||
10 | population of 50,000 or less, a drug court program including | ||||||
11 | the format under which it operates under this Act.
| ||||||
12 | (a) During the first 4 months in which the program is | ||||||
13 | operating, a drug court program required under this Section | ||||||
14 | must serve at least 25% of the average number of offenders that | ||||||
15 | were tried and sentenced on eligible drug charges within the | ||||||
16 | last 3 years.
| ||||||
17 | (b) A program required under this Section shall apply to | ||||||
18 | the federal government for funds available to pay the costs of | ||||||
19 | the program. The Criminal Justice Information Authority and the | ||||||
20 | Office of Alcohol and Substance Abuse in the Department of | ||||||
21 | Human Services shall assist the operating entities in applying | ||||||
22 | for federal funds as required by this subsection, including | ||||||
23 | providing financial assistance.
| ||||||
24 | (c) A judicial circuit that does not establish a drug court | ||||||
25 | program under this Section is ineligible to receive funds from | ||||||
26 | the Illinois Criminal Justice Information Authority.
| ||||||
27 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
28 | (730 ILCS 166/25)
| ||||||
29 | Sec. 25. Procedure.
| ||||||
30 | (a) The court
shall order an eligibility screening and an | ||||||
31 | assessment of the
defendant by an agent designated by the State |
| |||||||
| |||||||
1 | of Illinois to provide assessment
services for the Illinois | ||||||
2 | Courts. An assessment need not be ordered if the
court finds a | ||||||
3 | valid assessment related to the present charge pending against
| ||||||
4 | the defendant has been completed within the previous 60 days.
| ||||||
5 | (b) The judge shall inform the defendant that if the | ||||||
6 | defendant fails to
meet the conditions of the drug court | ||||||
7 | program, eligibility to participate in
the
program may be | ||||||
8 | revoked and the defendant may be sentenced or the prosecution
| ||||||
9 | continued as provided in
the
Unified Code of Corrections for | ||||||
10 | the crime charged.
| ||||||
11 | (c) The defendant shall execute a written agreement as to | ||||||
12 | his or her
participation in the program and shall agree to all | ||||||
13 | of the terms and conditions
of the program, including but not | ||||||
14 | limited to the possibility of sanctions or
incarceration for | ||||||
15 | failing to abide or comply with the terms of the program.
| ||||||
16 | (d) In addition to any conditions authorized under the | ||||||
17 | Pretrial Services
Act and Section 5-6-3 of the Unified Code of | ||||||
18 | Corrections, the court may order
the defendant to complete | ||||||
19 | substance abuse treatment in an outpatient,
inpatient,
| ||||||
20 | residential, or jail-based custodial treatment program. Any | ||||||
21 | period of time a
defendant shall serve in a jail-based | ||||||
22 | treatment program may not be reduced by
the accumulation of | ||||||
23 | good time or other credits and may be for a period of up to
120 | ||||||
24 | days.
| ||||||
25 | (e) The drug court program
shall include a regimen of | ||||||
26 | graduated
requirements and rewards and sanctions, including | ||||||
27 | but not limited to: fines,
fees, costs, restitution, | ||||||
28 | incarceration of up to 180 days, individual and group
therapy, | ||||||
29 | drug
analysis testing, close monitoring by the court at a | ||||||
30 | minimum of once every 30
days
and supervision of progress, | ||||||
31 | educational or vocational counseling as
appropriate, and other
| ||||||
32 | requirements necessary to fulfill the drug court program.
| ||||||
33 | (f) The Administrative Office of the Illinois Courts shall | ||||||
34 | provide training and assistance for the development and |
| |||||||
| |||||||
1 | implementation of a drug court program.
| ||||||
2 | (g) The Illinois Criminal Justice Information Authority | ||||||
3 | shall report to the General Assembly a summary of evaluative | ||||||
4 | findings of the quantitative and qualitative data regarding the | ||||||
5 | federal funding implementation and effectiveness of the drug | ||||||
6 | court programs established as a result of these requirements. | ||||||
7 | The report shall be submitted to the General Assembly no later | ||||||
8 | than December 31, 2008.
| ||||||
9 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
10 | (730 ILCS 166/30)
| ||||||
11 | Sec. 30. Substance abuse treatment.
| ||||||
12 | (a) The drug court program shall maintain a network of | ||||||
13 | substance abuse
treatment programs representing a continuum of | ||||||
14 | graduated substance abuse
treatment options commensurate with | ||||||
15 | the needs of defendants.
| ||||||
16 | (b) Any substance abuse treatment program to which | ||||||
17 | defendants are referred
must meet all of the rules and | ||||||
18 | governing programs in
Parts 2030 and 2060 of Title 77 of the | ||||||
19 | Illinois Administrative Code.
| ||||||
20 | (c) The drug court program may, at its discretion, employ | ||||||
21 | additional
services or
interventions, as it deems necessary on | ||||||
22 | a case by case basis.
| ||||||
23 | (d) The Department of Human Services must make drug | ||||||
24 | treatment services available to programs in the participating | ||||||
25 | jurisdictions.
| ||||||
26 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
27 | (730 ILCS 166/35)
| ||||||
28 | Sec. 35. Violation; termination; discharge.
| ||||||
29 | (a) If the court finds from the evidence presented | ||||||
30 | including but not limited
to the reports or
proffers of proof | ||||||
31 | from the drug court professionals that:
| ||||||
32 | (1) the defendant is not performing
satisfactorily
in |
| |||||||
| |||||||
1 | the assigned program;
| ||||||
2 | (2) the defendant is not benefitting from education,
| ||||||
3 | treatment, or rehabilitation;
| ||||||
4 | (3) the defendant has engaged in criminal
conduct
| ||||||
5 | rendering him or her unsuitable for the program; or
| ||||||
6 | (4) the defendant has
otherwise
violated the terms and | ||||||
7 | conditions of the program or his or her sentence or is
for | ||||||
8 | any reason unable to participate;
| ||||||
9 | the court may impose reasonable sanctions
under prior written | ||||||
10 | agreement of the defendant, including but not limited to
| ||||||
11 | imprisonment or dismissal of the defendant from the program and | ||||||
12 | the court may
reinstate
criminal proceedings against him or her | ||||||
13 | or proceed under Section 5-6-4 of the
Unified Code of | ||||||
14 | Corrections for a violation of probation,
conditional | ||||||
15 | discharge,
or supervision hearing.
| ||||||
16 | (b) Upon successful completion of the terms and conditions | ||||||
17 | of the program,
the
court must
may dismiss the original charges | ||||||
18 | against the defendant or successfully
terminate the | ||||||
19 | defendant's sentence or otherwise discharge him or her from any
| ||||||
20 | further proceedings against him or her in the original | ||||||
21 | prosecution.
| ||||||
22 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|