HB1875sam002 93RD GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/5/2004

09300HB1875sam002 LRB093 06043 RLC 50581 a

AMENDMENT TO HOUSE BILL 1875

AMENDMENT NO. ______. Amend House Bill 1875 by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by changing Sections 3-12-1, 3-12-2, 3-12-3, 3-12-3a, 3-12-5, 3-12-8, and 3-12-11 as follows:

(730 ILCS 5/3-12-1) (from Ch. 38, par. 1003-12-1)

Sec. 3-12-1. Useful Employment. The Department shall, in so far as possible, employ at useful work committed persons confined in institutions and facilities of the Department, who are over the age of compulsory school attendance, physically capable of such employment, and not otherwise occupied in programs of the Department. Such employment shall equip such persons with marketable skills, promote habits of work and responsibility and contribute to the expense of the employment program and the committed person's cost of incarceration. Recognizing that a program which duplicates as closely as possible free-world production and service operations in order to aid inmates in adjustment after release and to prepare inmates for gainful employment is in the best interests of the State, inmates, and the general public, the Department shall contract with a nonprofit private corporation to lease and manage the correctional employment programs of the Department of Corrections under the requirements in the Illinois Procurement Code. It is the intent of the General Assembly that for Fiscal Year 2005 only, the changes made to the correctional employment programs by this amendatory Act of the 93rd General Assembly shall be implemented without increasing the relevant line items of appropriation to the Department relating to correctional employment programs that were appropriated to the Department for that purpose in Fiscal Year 2004, if reasonably possible.

(Source: P.A. 86-450.)

(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)

Sec. 3-12-2. Types of employment.

(a) The Department and the non-profit private corporation authorized to lease and manage correctional employment programs may establish, maintain, train and employ committed persons in industries for the production of articles, materials or supplies for resale to authorized purchasers. They It may also employ committed persons on public works, buildings and property, the conservation of natural resources of the State, anti-pollution or environmental control projects, or for other public purposes, for the maintenance of the Department's buildings and properties and for the production of food or other necessities for its programs. The Department and the non-profit private corporation authorized to lease and manage correctional employment programs may establish, maintain and employ committed persons in the production of vehicle registration plates. A committed person's labor shall not be sold, contracted or hired out by the Department except under this Article and under Section 3-9-2.

(b) Works of art, literature, handicraft or other items produced by committed persons as an avocation and not as a product of a work program of the Department may be sold to the public under rules and regulations established by the Department. The cost of selling such products may be deducted from the proceeds, and the balance shall be credited to the person's account under Section 3-4-3. The Department shall notify the Attorney General of the existence of any proceeds which it believes should be applied towards a satisfaction, in whole or in part, of the person's incarceration costs.

(Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)

(730 ILCS 5/3-12-3) (from Ch. 38, par. 1003-12-3)

Sec. 3-12-3. Vocational Training.

The Department and the non-profit private corporation authorized to lease and manage correctional employment programs shall maintain programs of training in various vocations and trades in connection with its employment programs and shall also provide opportunities for training outside working hours.

(Source: P.A. 77-2097.)

(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)

Sec. 3-12-3a. (a) (Blank). Contracts, leases and business agreements. The Department may enter into a contract, lease or any other type of business agreement, not to exceed 20 years, with any private corporation, partnership, person or other business entity for the purpose of utilizing committed persons in the manufacture of goods or wares, in the provision of services or for any other business or commercial enterprise deemed by the Department to be consistent with proper training and rehabilitation of committed persons.

(b) The Department shall be permitted to construct buildings on State property for the purposes identified in subsection (a) and to lease for a period not to exceed 20 years any building or portion thereof on State property for the purposes identified in subsection (a).

(c) Any contract, lease or other business agreement referenced in subsection (a), shall include a provision requiring that all committed persons assigned receive in connection with their assignment such vocational training and/or apprenticeship programs as the Department deems appropriate.

(d) Committed persons assigned in accordance with this Section shall be compensated in accordance with the provisions of Section 3-12-5.

(Source: P.A. 86-450.)

(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)

Sec. 3-12-5. Compensation. Persons performing a work assignment under subsection (a) of Section 3-12-2 may receive wages under rules and regulations of the Department. In determining rates of compensation, the Department and the non-profit private corporation authorized to lease and manage correctional employment programs shall consider the effort, skill and economic value of the work performed. Compensation may be given to persons who participate in other programs of the Department. Of the compensation earned pursuant to this Section, a portion, as determined by the Department, shall be used to offset the cost of the committed person's incarceration. If the committed person files a lawsuit determined frivolous under Article XXII of the Code of Civil Procedure, 50% of the compensation shall be used to offset the filing fees and costs of the lawsuit as provided in that Article until all fees and costs are paid in full. All other wages shall be deposited in the individual's account under rules and regulations of the Department. The Department shall notify the Attorney General of any compensation applied towards a satisfaction, in whole or in part, of the person's incarceration costs.

(Source: P.A. 90-505, eff. 8-19-97.)

(730 ILCS 5/3-12-8) (from Ch. 38, par. 1003-12-8)

Sec. 3-12-8. Purchase and Control of Supplies.

The Department and the non-profit private corporation authorized to lease and manage correctional employment programs may enter into contracts for the purchase of raw materials required for industrial production and shall have charge of articles, materials and supplies manufactured for sale to purchasers.

(Source: P.A. 77-2097.)

(730 ILCS 5/3-12-11) (from Ch. 38, par. 1003-12-11)

Sec. 3-12-11. Report to the General Assembly. By November 1st of each year, the Department shall furnish to the General Assembly a report with respect to the following factors for the preceding fiscal year:

(a) A balance sheet;

(b) A financial statement, including profit or loss figures;

(c) The number and location of industries;

(d) The quantity of each good produced;

(e) The cost of materials and labor;

(f) Sales and actual receipts, by purchaser and in total;

(g) The average length of time between the receipt of orders and delivery;

(h) The average length of time between delivery and receipt of payment;

(i) The number of residents employed in each facility and industry, the number of vacancies occurring throughout the year, whether or not they have been subsequently filled, and the reasons for such vacancies; and

(j) Beginning on November 1, 1981, recidivism and employment statistics on former resident employees; and

(k) Beginning January 1, 2006, data required in clauses (a) through (j) of this Section shall include comparisons of the not-for-profit's and the Department's activities.

(Source: P.A. 81-1507.)

Section 10. The Drug Court Treatment Act is amended by changing Sections 15, 25, 30, and 35 as follows:

(730 ILCS 166/15)

Sec. 15. Authorization. The Chief Judge of each judicial circuit must may establish, in each county in the circuit with a population exceeding 50,000, a drug court program including the format under which it operates under this Act. A Chief Judge may establish, in any county in the circuit with a population of 50,000 or less, a drug court program including the format under which it operates under this Act.

(a) During the first 4 months in which the program is operating, a drug court program required under this Section must serve at least 25% of the average number of offenders that were tried and sentenced on eligible drug charges within the last 3 years.

(b) A program required under this Section shall apply to the federal government for funds available to pay the costs of the program. The Criminal Justice Information Authority and the Office of Alcohol and Substance Abuse in the Department of Human Services shall assist the operating entities in applying for federal funds as required by this subsection, including providing financial assistance.

(c) A judicial circuit that does not establish a drug court program under this Section is ineligible to receive funds from the Illinois Criminal Justice Information Authority.

(Source: P.A. 92-58, eff. 1-1-02.)

(730 ILCS 166/25)

Sec. 25. Procedure.

(a) The court shall order an eligibility screening and an assessment of the defendant by an agent designated by the State of Illinois to provide assessment services for the Illinois Courts. An assessment need not be ordered if the court finds a valid assessment related to the present charge pending against the defendant has been completed within the previous 60 days.

(b) The judge shall inform the defendant that if the defendant fails to meet the conditions of the drug court program, eligibility to participate in the program may be revoked and the defendant may be sentenced or the prosecution continued as provided in the Unified Code of Corrections for the crime charged.

(c) The defendant shall execute a written agreement as to his or her participation in the program and shall agree to all of the terms and conditions of the program, including but not limited to the possibility of sanctions or incarceration for failing to abide or comply with the terms of the program.

(d) In addition to any conditions authorized under the Pretrial Services Act and Section 5-6-3 of the Unified Code of Corrections, the court may order the defendant to complete substance abuse treatment in an outpatient, inpatient, residential, or jail-based custodial treatment program. Any period of time a defendant shall serve in a jail-based treatment program may not be reduced by the accumulation of good time or other credits and may be for a period of up to 120 days.

(e) The drug court program shall include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, fees, costs, restitution, incarceration of up to 180 days, individual and group therapy, drug analysis testing, close monitoring by the court at a minimum of once every 30 days and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the drug court program.

(f) The Administrative Office of the Illinois Courts shall provide training and assistance for the development and implementation of a drug court program.

(g) The Illinois Criminal Justice Information Authority shall report to the General Assembly a summary of evaluative findings of the quantitative and qualitative data regarding the federal funding implementation and effectiveness of the drug court programs established as a result of these requirements. The report shall be submitted to the General Assembly no later than December 31, 2008.

(Source: P.A. 92-58, eff. 1-1-02.)

(730 ILCS 166/30)

Sec. 30. Substance abuse treatment.

(a) The drug court program shall maintain a network of substance abuse treatment programs representing a continuum of graduated substance abuse treatment options commensurate with the needs of defendants.

(b) Any substance abuse treatment program to which defendants are referred must meet all of the rules and governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.

(c) The drug court program may, at its discretion, employ additional services or interventions, as it deems necessary on a case by case basis.

(d) The Department of Human Services must make drug treatment services available to programs in the participating jurisdictions.

(Source: P.A. 92-58, eff. 1-1-02.)

(730 ILCS 166/35)

Sec. 35. Violation; termination; discharge.

(a) If the court finds from the evidence presented including but not limited to the reports or proffers of proof from the drug court professionals that:

(1) the defendant is not performing satisfactorily in the assigned program;

(2) the defendant is not benefitting from education, treatment, or rehabilitation;

(3) the defendant has engaged in criminal conduct rendering him or her unsuitable for the program; or

(4) the defendant has otherwise violated the terms and conditions of the program or his or her sentence or is for any reason unable to participate;

the court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program and the court may reinstate criminal proceedings against him or her or proceed under Section 5-6-4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing.

(b) Upon successful completion of the terms and conditions of the program, the court must may dismiss the original charges against the defendant or successfully terminate the defendant's sentence or otherwise discharge him or her from any further proceedings against him or her in the original prosecution.

(Source: P.A. 92-58, eff. 1-1-02.)

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