093_SB0108sam001 LRB093 06798 RLC 12010 a 1 AMENDMENT TO SENATE BILL 108 2 AMENDMENT NO. . Amend Senate Bill 108 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 1. Findings; purpose. 6 (a) The General Assembly finds and declares that: 7 (1) Public Act 89-688, effective June 1, 1997, 8 contained provisions amending Section 3-8-7 of the 9 Unified Code of Corrections relating to disciplinary 10 procedures at Department of Corrections facilities. 11 Public Act 89-688 also contained other provisions. 12 (2) On October 20, 2000, in People v. Jerry Lee 13 Foster, 316 Ill. App. 3d 855, the Illinois Appellate 14 Court, Fourth District, ruled that Public Act 89-688 15 violates the single subject clause of the Illinois 16 Constitution (Article IV, Section 8 (d)) and is therefore 17 unconstitutional in its entirety. 18 (3) The provisions added and deleted from Section 19 3-8-7 of the Unified Code of Corrections by Public Act 20 89-688 are of vital concern to the people of this State. 21 Prompt legislative action concerning those provisions is 22 necessary. -2- LRB093 06798 RLC 12010 a 1 (b) It is the purpose of this Act to re-enact Section 2 3-8-7 of the Unified Code of Corrections, including the 3 provisions added and deleted by Public Act 89-688. This 4 re-enactment is intended to remove any question as to the 5 validity or content of those provisions; it is not intended 6 to supersede any other Public Act that amends the text of the 7 Section as set forth in this Act. The re-enacted material is 8 shown in this Act as existing text (i.e., without 9 underscoring). 10 Section 5. The Unified Code of Corrections is amended by 11 re-enacting Section 3-8-7 as follows: 12 (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7) 13 Sec. 3-8-7. Disciplinary Procedures.) 14 (a) All disciplinary action shall be consistent with 15 this Chapter. Rules of behavior and conduct, the penalties 16 for violation thereof, and the disciplinary procedure by 17 which such penalties may be imposed shall be available to 18 committed persons. 19 (b) (1) Corporal punishment and disciplinary 20 restrictions on diet, medical or sanitary facilities, 21 mail or access to legal materials are prohibited. 22 (2) (Blank). 23 (3) (Blank). 24 (c) Review of disciplinary action imposed under this 25 Section shall be provided by means of the grievance procedure 26 under Section 3-8-8. The Department shall provide a 27 disciplined person with a review of his or her disciplinary 28 action in a timely manner as required by law. 29 (d) All institutions and facilities of the Adult 30 Division shall establish, subject to the approval of the 31 Director, procedures for hearing disciplinary cases except 32 those that may involve the imposition of disciplinary -3- LRB093 06798 RLC 12010 a 1 segregation and isolation; the loss of good time credit under 2 Section 3-6-3 or eligibility to earn good time credit. 3 (e) In disciplinary cases which may involve the 4 imposition of disciplinary segregation and isolation, the 5 loss of good time credit or eligibility to earn good time 6 credit, the Director shall establish disciplinary procedures 7 consistent with the following principles: 8 (1) Any person or persons who initiate a 9 disciplinary charge against a person shall not determine 10 the disposition of the charge. The Director may 11 establish one or more disciplinary boards to hear and 12 determine charges. 13 (2) Any committed person charged with a violation 14 of Department rules of behavior shall be given notice of 15 the charge including a statement of the misconduct 16 alleged and of the rules this conduct is alleged to 17 violate. 18 (3) Any person charged with a violation of rules is 19 entitled to a hearing on that charge at which time he 20 shall have an opportunity to appear before and address 21 the person or persons deciding the charge. 22 (4) The person or persons determining the 23 disposition of the charge may also summon to testify any 24 witnesses or other persons with relevant knowledge of the 25 incident. 26 (5) If the charge is sustained, the person charged 27 is entitled to a written statement of the decision by the 28 persons determining the disposition of the charge which 29 shall include the basis for the decision and the 30 disciplinary action, if any, to be imposed. 31 (6) (Blank). 32 (Source: P.A. 89-688, eff. 6-1-97.) 33 Section 99. Effective date. This Act takes effect upon -4- LRB093 06798 RLC 12010 a 1 becoming law.".