SB0092ham003 94TH GENERAL ASSEMBLY

Rep. Annazette Collins

Filed: 5/31/2005

09400SB0092ham003 LRB094 06238 EFG 47447 a

AMENDMENT TO SENATE BILL 92

AMENDMENT NO. ______. Amend Senate Bill 92, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by changing Section 3-2-5 and adding Section 3-2-5.1 as follows:

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

Sec. 3-2-5. Organization of the Department; Adult Department of Corrections and the Department of Juvenile Justice.

(a) There shall be an Adult Division within the Department which shall be administered by an Assistant Director appointed by the Governor under The Civil Administrative Code of Illinois. The Assistant Director shall be under the direction of the Director. The Adult Division shall be responsible for all persons committed or transferred to the Department under Sections 3-10-7 or 5-8-6 of this Code.

(b) There shall be a Department of Juvenile Justice which shall be administered by a Director appointed by the Governor under the Civil Administrative Code of Illinois. The Department of Juvenile Justice shall be responsible for all persons committed to the Department of Corrections under Section 5-8-6 of this Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 of the Juvenile Court Act of 1987. Youth committed to the Department of Juvenile Justice pursuant to this Code shall be sight and sound separate from youth committed to the Department of Juvenile Justice pursuant to the Juvenile Court Act. There shall be a Juvenile Division within the Department which shall be administered by an Assistant Director appointed by the Governor under The Civil Administrative Code of Illinois. The Assistant Director shall be under the direction of the Director. The Juvenile Division shall be responsible for all persons committed to the Juvenile Division of the Department under Section 5-8-6 of this Code or Section 5-10 of the Juvenile Court Act or Section 5-750 of the Juvenile Court Act of 1987.

(c) The Department shall create a gang intelligence unit under the supervision of the Director. The unit shall be specifically designed to gather information regarding the inmate gang population, monitor the activities of gangs, and prevent the furtherance of gang activities through the development and implementation of policies aimed at deterring gang activity. The Director shall appoint a Corrections Intelligence Coordinator.

All information collected and maintained by the unit shall be highly confidential, and access to that information shall be restricted by the Department. The information shall be used to control and limit the activities of gangs within correctional institutions under the jurisdiction of the Illinois Department of Corrections and may be shared with other law enforcement agencies in order to curb gang activities outside of correctional institutions under the jurisdiction of the Department and to assist in the investigations and prosecutions of gang activity. The Department shall establish and promulgate rules governing the release of information to outside law enforcement agencies. Due to the highly sensitive nature of the information, the information is exempt from requests for disclosure under the Freedom of Information Act as the information contained is highly confidential and may be harmful if disclosed.

The Department shall file an annual report with the General Assembly on the profile of the inmate population associated with gangs, gang-related activity within correctional institutions under the jurisdiction of the Department, and an overall status of the unit as it relates to its function and performance.

(Source: P.A. 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.)

(730 ILCS 5/3-2-5.1 new)

Sec. 3-2-5.1. Department of Juvenile Justice: transition; personnel; contracts.

(a) The Department of Juvenile Justice shall assume the rights, powers, duties, and responsibilities of the Juvenile Division of the Department of Corrections. Personnel, books, records, property, and unencumbered appropriations pertaining to the Juvenile Division of the Department of Corrections shall be transferred to the Department of Juvenile Justice, effective January 1, 2006. Any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer.

(b) Department of Juvenile Justice personnel who are first employed by the Department after January 1, 2006 and who provide counseling, educational, vocational, or treatment services directly to juveniles must be over the age of 21 and have graduated from an accredited 4-year college or university with a specialization in criminal justice, education, psychology, sociology, social work, or a closely related social science. Work experience in a residential treatment program that includes supervision or counseling of troubled youth between 10 and 17 years of age may be substituted on a year-for-year basis for the stated education specialization requirement.

(c) The Department of Juvenile Justice shall not contract with a private contractor or private vendor for the provision of services relating to the operation of a juvenile correctional or residential facility or the incarceration of persons in the custody of the Department of Juvenile Justice; however, this restriction does not apply to (1) work release centers or juvenile correctional or residential facilities that provide separate care or special treatment operated in whole or part by private contractors or (2) contracts for ancillary services, including medical services, educational services, repair and maintenance contracts, or other services not directly related to the ownership, management, or operation of security services in a juvenile correctional or residential facility.

Section 99. Effective date. This Act takes effect January 1, 2006.".