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.".