093_SB0108enr SB108 Enrolled LRB093 06798 RLC 06939 b 1 AN ACT concerning corrections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Findings; purpose. 5 (a) The General Assembly finds and declares that: 6 (1) Public Act 89-688, effective June 1, 1997, 7 contained provisions amending Section 3-8-7 of the 8 Unified Code of Corrections relating to disciplinary 9 procedures at Department of Corrections facilities. 10 Public Act 89-688 also contained other provisions. 11 (2) On October 20, 2000, in People v. Jerry Lee 12 Foster, 316 Ill. App. 3d 855, the Illinois Appellate 13 Court, Fourth District, ruled that Public Act 89-688 14 violates the single subject clause of the Illinois 15 Constitution (Article IV, Section 8 (d)) and is therefore 16 unconstitutional in its entirety. 17 (3) The provisions added and deleted from Section 18 3-8-7 of the Unified Code of Corrections by Public Act 19 89-688 are of vital concern to the people of this State. 20 Prompt legislative action concerning those provisions is 21 necessary. 22 (b) It is the purpose of this Act to re-enact Section 23 3-8-7 of the Unified Code of Corrections, including the 24 provisions added and deleted by Public Act 89-688. This 25 re-enactment is intended to remove any question as to the 26 validity or content of those provisions; it is not intended 27 to supersede any other Public Act that amends the text of the 28 Section as set forth in this Act. The re-enacted material is 29 shown in this Act as existing text (i.e., without 30 underscoring). 31 Section 5. The Unified Code of Corrections is amended by SB108 Enrolled -2- LRB093 06798 RLC 06939 b 1 re-enacting Section 3-8-7 as follows: 2 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7) 3 Sec. 3-8-7. Disciplinary Procedures.) 4 (a) All disciplinary action shall be consistent with 5 this Chapter. Rules of behavior and conduct, the penalties 6 for violation thereof, and the disciplinary procedure by 7 which such penalties may be imposed shall be available to 8 committed persons. 9 (b) (1) Corporal punishment and disciplinary 10 restrictions on diet, medical or sanitary facilities, 11 mail or access to legal materials are prohibited. 12 (2) (Blank). 13 (3) (Blank). 14 (c) Review of disciplinary action imposed under this 15 Section shall be provided by means of the grievance procedure 16 under Section 3-8-8. The Department shall provide a 17 disciplined person with a review of his or her disciplinary 18 action in a timely manner as required by law. 19 (d) All institutions and facilities of the Adult 20 Division shall establish, subject to the approval of the 21 Director, procedures for hearing disciplinary cases except 22 those that may involve the imposition of disciplinary 23 segregation and isolation; the loss of good time credit under 24 Section 3-6-3 or eligibility to earn good time credit. 25 (e) In disciplinary cases which may involve the 26 imposition of disciplinary segregation and isolation, the 27 loss of good time credit or eligibility to earn good time 28 credit, the Director shall establish disciplinary procedures 29 consistent with the following principles: 30 (1) Any person or persons who initiate a 31 disciplinary charge against a person shall not determine 32 the disposition of the charge. The Director may 33 establish one or more disciplinary boards to hear and SB108 Enrolled -3- LRB093 06798 RLC 06939 b 1 determine charges. 2 (2) Any committed person charged with a violation 3 of Department rules of behavior shall be given notice of 4 the charge including a statement of the misconduct 5 alleged and of the rules this conduct is alleged to 6 violate. 7 (3) Any person charged with a violation of rules is 8 entitled to a hearing on that charge at which time he 9 shall have an opportunity to appear before and address 10 the person or persons deciding the charge. 11 (4) The person or persons determining the 12 disposition of the charge may also summon to testify any 13 witnesses or other persons with relevant knowledge of the 14 incident. 15 (5) If the charge is sustained, the person charged 16 is entitled to a written statement of the decision by the 17 persons determining the disposition of the charge which 18 shall include the basis for the decision and the 19 disciplinary action, if any, to be imposed. 20 (6) (Blank). 21 (Source: P.A. 89-688, eff. 6-1-97.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.