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    AN ACT concerning employment.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Illinois Procurement Code is amended  by 
5
changing Section 15-25 and  by adding Sections 45-67 and 45-70 
6
as follows:
 



7
    (30 ILCS 500/15-25)



8
    Sec. 15-25. Bulletin content. 

9
    (a) Invitations for bids.  Notice of each and every contract 
10
that is
offered, including renegotiated contracts and change 
11
orders,
shall be published in the Bulletin.  The applicable 
12
chief procurement officer
may provide by rule an organized 
13
format for the publication of this
information, but in any case 
14
it must include at least the date first offered,
the date 
15
submission of offers is due, the location that offers are to be

16
submitted to, the purchasing State agency, the responsible 
17
State purchasing
officer, a brief purchase description, the 
18
method of source selection, and
information of how to obtain a 
19
comprehensive purchase description and any
disclosure and 
20
contract forms, and encouragement to  prospective vendors to 
21
hire qualified veterans, as defined  by Section 45-67 of this 
22
Code, and Illinois residents discharged from any Illinois adult 
23
correctional center.

24
    (b) Contracts let or awarded.  Notice of each and every 
25
contract that is let
or awarded, including renegotiated 
26
contracts and change orders, shall be
published in the next 
27
available subsequent Bulletin, and
the applicable chief 
28
procurement officer may  provide by rule an organized
format for 
29
the publication
of
this information, but in any case it must 
30
include at least all of the
information specified in subsection 
31
(a) as well as the name of the successful
responsible bidder or 
32
offeror, the contract price, the number of unsuccessful

 


 






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responsive bidders, and any other disclosure specified in any 
2
Section of this
Code.

3
    (c) Emergency purchase disclosure.  Any chief procurement 
4
officer, State
purchasing officer, or designee exercising 
5
emergency purchase authority under
this Code shall publish a 
6
written description and reasons and the total cost,
if known, 
7
or an estimate if unknown and the name of the responsible chief

8
procurement officer and State purchasing officer, and the 
9
business or person
contracted with for all emergency purchases 
10
in
the next timely, practicable Bulletin.

11
    (d) Other required disclosure.  The applicable chief 
12
procurement officer
shall provide by rule for the organized 
13
publication of all other disclosure
required in other Sections 
14
of this Code in a timely manner.

15
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 
16
    (30 ILCS 500/45-67 new)

17
    Sec. 45-67. Encouragement to hire qualified veterans. A 
18
chief procurement officer may, as part of any solicitation, 
19
encourage prospective vendors to consider hiring qualified 
20
veterans and to notify them of any available financial 
21
incentives or other advantages associated with hiring such 
22
persons.  In establishing internal guidelines in furtherance of 
23
this Section, the Department of  Central Management Services may 
24
work with an interagency advisory committee consisting of 
25
representatives from the Department of Veterans Affairs, the 
26
Department of Employment Security, the Department of Commerce 
27
and Economic Opportunity, and the Department of Revenue and 
28
consisting of 4 members of the General Assembly, 2 of whom are 
29
appointed by the Speaker of the House of Representatives and 2 
30
of whom are appointed by the President of the Senate.
31
    For the purposes of this Section, "qualified veteran" means 
32
an Illinois resident who: (i) was a member of the Armed Forces 
33
of the United States, a member of the Illinois National Guard, 
34
or a member of any reserve component of the Armed Forces of the 
35
United States; (ii) served on active duty in connection with 
 


 






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Operation Desert Storm, Operation Enduring Freedom, or 
2
Operation Iraqi Freedom; and (iii) was honorably discharged.

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    The Department of Central Management Services must report 
4
to the Governor and to the General Assembly by December 31 of 
5
each year on the activities undertaken by chief procurement 
6
officers and the Department of Central Management Services to 
7
encourage prospective vendors to consider hiring qualified 
8
veterans. The report must include the number of vendors who 
9
have hired qualified veterans.
 
10
    (30 ILCS 500/45-70  new)
11
    Sec. 45-70. Encouragement to hire ex-offenders. A chief 
12
procurement officer may, as part of any solicitation, encourage 
13
prospective vendors to consider hiring Illinois residents 
14
discharged from any Illinois adult correctional center, in 
15
appropriate circumstances, and to notify them of any available 
16
financial incentives or other advantages associated with 
17
hiring such persons.  In establishing internal guidelines in 
18
furtherance of this Section, the Department of  Central 
19
Management Services may work with an interagency advisory 
20
committee consisting of representatives from the Department of 
21
Corrections, the Department of Employment Security, the 
22
Department of Juvenile Justice, the Department of Commerce and 
23
Economic Opportunity, and the Department of Revenue and 
24
consisting of 4 members of the General Assembly, 2 of whom are 
25
appointed by the Speaker of the House of Representatives and 2 
26
of whom are appointed by the President of the Senate.
27
    The Department of Central Management Services must report 
28
to the Governor and to the General Assembly by December 31 of 
29
each year on the activities undertaken by chief procurement 
30
officers and the Department of Central Management Services to 
31
encourage prospective vendors to consider hiring Illinois 
32
residents who have been discharged from an Illinois adult 
33
correctional center. The report must include the number of 
34
vendors who have hired Illinois residents who have been 
35
discharged from any Illinois adult correctional center.
 
 


 






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    Section 10. The Illinois Income Tax Act is amended  by 
2
adding Sections 216 and 217 as follows:
 
3
    (35 ILCS 5/216  new)
4
    Sec. 216. Credit for wages paid to ex-felons.
5
    (a) For each taxable year beginning on or after January 1, 
6
2007, each taxpayer is entitled to a credit against the tax 
7
imposed by subsections (a) and (b) of Section 201 of this Act 
8
in an amount equal to 25% of that portion of federal work 
9
opportunity credit allowed to the taxpayer for the taxable year 
10
under Section 51 of the Internal Revenue Code that is 
11
attributable to the qualified first-year wages paid by the 
12
taxpayer to one or more Illinois residents who are eligible 
13
offenders, as defined under Section 5-5.5-5 of the Unified Code 
14
of Corrections.
15
    (b) For purposes of this Section, if the general business 
16
credit allowed to the taxpayer under Section 38 of the Internal 
17
Revenue Code exceeds the taxpayer's federal income tax 
18
liability for the taxable year, so that a portion of the credit 
19
earned in the taxable year is carried over to other taxable 
20
years, then for purposes of the calculation of the credit under 
21
this Section, the portion of the general business credit that 
22
is attributable to the qualified first-year wages paid by the 
23
taxpayer to one or more Illinois residents who are qualified 
24
ex-felons is deemed to have been taken in full in the taxable 
25
year it is earned, to the extent that portion does not exceed 
26
the total general business credit otherwise allowed for the 
27
taxable year.
28
    (c) In no event shall a credit under this Section reduce 
29
the taxpayer's liability to less than zero. If the amount of 
30
the credit exceeds the tax liability for the year, the excess 
31
may be carried forward and applied to the tax liability of the 
32
5 taxable years following the excess credit year. The tax 
33
credit shall be applied to the earliest year for which there is 
34
a tax liability. If there are credits for more than one year 
 


 






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that are available to offset a liability, the earlier credit 
2
shall be applied first.
 
3
    (35 ILCS 5/217 new)

4
    Sec. 217. Credit for wages paid to qualified veterans.
5
    (a) For each taxable year beginning on or after January 1, 
6
2007, each taxpayer is entitled to a credit against the tax 
7
imposed by subsections (a) and (b) of Section 201 of this Act 
8
in an amount equal to 5%, but in no event to exceed $600, of the 
9
gross wages paid by the taxpayer to a qualified veteran in the 
10
course of that veteran's sustained employment during the 
11
taxable year.
12
    (b) For purposes of this Section:
13
    "Qualified veteran" means an Illinois resident who: (i) was 
14
a member of the Armed Forces of the United States, a member of 
15
the Illinois National Guard, or a member of any reserve 
16
component of the Armed Forces of the United States; (ii) served 
17
on active duty in connection with Operation Desert Storm, 
18
Operation Enduring Freedom, or Operation Iraqi Freedom; (iii) 
19
was honorably discharged; and (iv) was initially hired by the 
20
taxpayer on or after January 1, 2007.
21
    "Sustained employment" means a period of employment that is 
22
not less than 185 days during the taxable year.
23
    (c) In no event shall a credit under this Section reduce 
24
the taxpayer's liability to less than zero. If the amount of 
25
the credit exceeds the tax liability for the year, the excess 
26
may be carried forward and applied to the tax liability of the 
27
5 taxable years following the excess credit year. The tax 
28
credit shall be applied to the earliest year for which there is 
29
a tax liability. If there are credits for more than one year 
30
that are available to offset a liability, the earlier credit 
31
shall be applied first.
 
32
    Section 15. The Unified Code of Corrections is amended  by 
33
changing Sections 3-2-2, 5-5-5, and  5-5.5-5 as follows:
 


 


 






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


2
    (Text of Section before amendment by P.A. 94-696)

3
    Sec. 3-2-2. Powers and Duties of the Department. 

4
    (1) In addition to the powers, duties and responsibilities 
5
which are
otherwise provided by law, the Department shall have 
6
the following powers:


7
        (a) To accept persons committed to it by the courts of 
8
    this State for
care, custody, treatment and 
9
    rehabilitation, and to accept federal prisoners and aliens 
10
    over whom the Office of the Federal Detention Trustee is 
11
    authorized to exercise the federal detention function for 
12
    limited purposes and periods of time.


13
        (b) To develop and maintain reception and evaluation 
14
    units for purposes
of analyzing the custody and 
15
    rehabilitation needs of persons committed to
it and to 
16
    assign such persons to institutions and programs under its 
17
    control
or transfer them to other appropriate agencies.  In 
18
    consultation with the
Department of Alcoholism and 
19
    Substance Abuse (now the Department of Human
Services), the 
20
    Department of Corrections
shall develop a master plan for 
21
    the screening and evaluation of persons
committed to its 
22
    custody who have alcohol or drug abuse problems, and for

23
    making appropriate treatment available to such persons; 
24
    the Department
shall report to the General Assembly on such 
25
    plan not later than April 1,
1987.  The maintenance and 
26
    implementation of such plan shall be contingent
upon the 
27
    availability of funds.


28
        (b-1) To create and implement, on January 1, 2002, a 
29
    pilot
program to
establish the effectiveness of 
30
    pupillometer technology (the measurement of the
pupil's

31
    reaction to light) as an alternative to a urine test for 
32
    purposes of screening
and evaluating
persons committed to 
33
    its custody who have alcohol or drug problems. The
pilot 
34
    program shall require the pupillometer technology to be 
35
    used in at
least one Department of
Corrections facility.  
36
    The Director may expand the pilot program to include an

 


 






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    additional facility or
facilities as he or she deems 
2
    appropriate.
A minimum of 4,000 tests shall be included in 
3
    the pilot program.
The
Department must report to the

4
    General Assembly on the
effectiveness of the program by 
5
    January 1, 2003.


6
        (b-5) To develop, in consultation with the Department 
7
    of State Police, a
program for tracking and evaluating each 
8
    inmate from commitment through release
for recording his or 
9
    her gang affiliations, activities, or ranks.


10
        (c) To maintain and administer all State correctional 
11
    institutions and
facilities under its control and to 
12
    establish new ones as needed.  Pursuant
to its power to 
13
    establish new institutions and facilities, the Department

14
    may, with the written approval of the Governor, authorize 
15
    the Department of
Central Management Services to enter into 
16
    an agreement of the type
described in subsection (d) of 
17
    Section 405-300 of the
Department
of Central Management 
18
    Services Law (20 ILCS 405/405-300).  The Department shall

19
    designate those institutions which
shall constitute the 
20
    State Penitentiary System.


21
        Pursuant to its power to establish new institutions and 
22
    facilities, the
Department may authorize the Department of 
23
    Central Management Services to
accept bids from counties 
24
    and municipalities for the construction,
remodeling or 
25
    conversion of a structure to be leased to the Department of

26
    Corrections for the purposes of its serving as a 
27
    correctional institution
or facility.  Such construction, 
28
    remodeling or conversion may be financed
with revenue bonds 
29
    issued pursuant to the Industrial Building Revenue Bond
Act 
30
    by the municipality or county.  The lease specified in a bid 
31
    shall be
for a term of not less than the time needed to 
32
    retire any revenue bonds
used to finance the project, but 
33
    not to exceed 40 years.  The lease may
grant to the State 
34
    the option to purchase the structure outright.


35
        Upon receipt of the bids, the Department may certify 
36
    one or more of the
bids and shall submit any such bids to 
 


 






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    the General Assembly for approval.
Upon approval of a bid 
2
    by a constitutional majority of both houses of the
General 
3
    Assembly, pursuant to joint resolution, the Department of 
4
    Central
Management Services may enter into an agreement 
5
    with the county or
municipality pursuant to such bid.


6
        (c-5) To build and maintain regional juvenile 
7
    detention centers and to
charge a per diem to the counties 
8
    as established by the Department to defray
the costs of 
9
    housing each minor in a center.  In this subsection (c-5),

10
    "juvenile
detention center" means a facility to house 
11
    minors during pendency of trial who
have been transferred 
12
    from proceedings under the Juvenile Court Act of 1987 to

13
    prosecutions under the criminal laws of this State in 
14
    accordance with Section
5-805 of the Juvenile Court Act of 
15
    1987, whether the transfer was by operation
of
law or 
16
    permissive under that Section.  The Department shall 
17
    designate the
counties to be served by each regional 
18
    juvenile detention center.


19
        (d) To develop and maintain programs of control, 
20
    rehabilitation and
employment of committed persons within 
21
    its institutions.
22
        (d-5) To provide a pre-release job preparation program 
23
    for inmates at Illinois adult correctional centers.



24
        (e) To establish a system of supervision and guidance 
25
    of committed persons
in the community.


26
        (f) To establish in cooperation with the Department of 
27
    Transportation
to supply a sufficient number of prisoners 
28
    for use by the Department of
Transportation to clean up the 
29
    trash and garbage along State, county,
township, or 
30
    municipal highways as designated by the Department of

31
    Transportation.  The Department of Corrections, at the 
32
    request of the
Department of Transportation, shall furnish 
33
    such prisoners at least
annually for a period to be agreed 
34
    upon between the Director of
Corrections and the Director 
35
    of Transportation.  The prisoners used on this
program shall 
36
    be selected by the Director of Corrections on whatever 
 


 






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    basis
he deems proper in consideration of their term, 
2
    behavior and earned eligibility
to participate in such 
3
    program - where they will be outside of the prison
facility 
4
    but still in the custody of the Department of Corrections.  
5
    Prisoners
convicted of first degree murder, or a Class X 
6
    felony, or armed violence, or
aggravated kidnapping,  or 
7
    criminal sexual assault, aggravated criminal sexual
abuse 
8
    or a subsequent conviction for criminal sexual abuse, or 
9
    forcible
detention, or arson, or a prisoner adjudged a 
10
    Habitual Criminal shall not be
eligible for selection to 
11
    participate in such program.  The prisoners shall
remain as 
12
    prisoners in the custody of the Department of Corrections 
13
    and such
Department shall furnish whatever security is 
14
    necessary. The Department of
Transportation shall furnish 
15
    trucks and equipment for the highway cleanup
program and 
16
    personnel to supervise and direct the program. Neither the

17
    Department of Corrections nor the Department of 
18
    Transportation shall replace
any regular employee with a 
19
    prisoner.


20
        (g) To maintain records of persons committed to it and 
21
    to establish
programs of research, statistics and 
22
    planning.


23
        (h) To investigate the grievances of any person 
24
    committed to the
Department, to inquire into any alleged 
25
    misconduct by employees
or committed persons, and to 
26
    investigate the assets
of committed persons to implement 
27
    Section 3-7-6 of this Code; and for
these purposes it may 
28
    issue subpoenas and compel the attendance of witnesses
and 
29
    the production of writings and papers, and may examine 
30
    under oath any
witnesses who may appear before it; to also 
31
    investigate alleged violations
of a parolee's or 
32
    releasee's conditions of parole or release; and for this

33
    purpose it may issue subpoenas and compel the attendance of 
34
    witnesses and
the production of documents only if there is 
35
    reason to believe that such
procedures would provide 
36
    evidence that such violations have occurred.


 


 






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        If any person fails to obey a subpoena issued under 
2
    this subsection,
the Director may apply to any circuit 
3
    court to secure compliance with the
subpoena.  The failure 
4
    to comply with the order of the court issued in
response 
5
    thereto shall be punishable as contempt of court.


6
        (i) To appoint and remove the chief administrative 
7
    officers, and
administer
programs of training and 
8
    development of personnel of the Department. Personnel

9
    assigned by the Department to be responsible for the

10
    custody and control of committed persons or to investigate 
11
    the alleged
misconduct of committed persons or employees or 
12
    alleged violations of a
parolee's or releasee's conditions 
13
    of parole shall be conservators of the peace
for those 
14
    purposes, and shall have the full power of peace officers 
15
    outside
of the facilities of the Department in the 
16
    protection, arrest, retaking
and reconfining of committed 
17
    persons or where the exercise of such power
is necessary to 
18
    the investigation of such misconduct or violations.


19
        (j) To cooperate with other departments and agencies 
20
    and with local
communities for the development of standards 
21
    and programs for better
correctional services in this 
22
    State.


23
        (k) To administer all moneys and properties of the 
24
    Department.


25
        (l) To report annually to the Governor on the committed

26
    persons, institutions and programs of the Department.


27
        (l-5) In a confidential annual report to the Governor, 
28
    the Department
shall
identify all inmate gangs by 
29
    specifying each current gang's name, population
and allied 
30
    gangs.  The Department shall further specify the number of 
31
    top
leaders identified by the Department for each gang 
32
    during the past year, and
the measures taken by the 
33
    Department to segregate each leader from his or her
gang 
34
    and allied gangs.  The Department shall further report the 
35
    current status
of leaders identified and segregated in 
36
    previous years.  All leaders described
in the report shall 
 


 






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    be identified by inmate number or other designation to

2
    enable tracking, auditing, and verification without 
3
    revealing the names of the
leaders.  Because this report 
4
    contains law enforcement intelligence information

5
    collected by the Department, the report is confidential and 
6
    not subject to
public disclosure.


7
        (m) To make all rules and regulations and exercise all 
8
    powers and duties
vested by law in the Department.


9
        (n) To establish rules and regulations for 
10
    administering a system of
good conduct credits, 
11
    established in accordance with Section 3-6-3, subject
to 
12
    review by the Prisoner Review Board.


13
        (o) To administer the distribution of funds
from the 
14
    State Treasury to reimburse counties where State penal

15
    institutions are located for the payment of assistant 
16
    state's attorneys'
salaries under Section 4-2001 of the 
17
    Counties Code.


18
        (p) To exchange information with the Department of 
19
    Human Services and the
Illinois Department of Healthcare 
20
    and Family Services
Public Aid
for the purpose of verifying 
21
    living arrangements and for other purposes
directly 
22
    connected with the administration of this Code and the 
23
    Illinois
Public Aid Code.


24
        (q) To establish a diversion program.


25
        The program shall provide a structured environment for 
26
    selected
technical parole or mandatory supervised release 
27
    violators and committed
persons who have violated the rules 
28
    governing their conduct while in work
release.  This program 
29
    shall not apply to those persons who have committed
a new 
30
    offense while serving on parole or mandatory supervised 
31
    release or
while committed to work release.


32
        Elements of the program shall include, but shall not be 
33
    limited to, the
following:


34
            (1) The staff of a diversion facility shall provide 
35
        supervision in
accordance with required objectives set 
36
        by the facility.


 


 






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            (2) Participants shall be required to maintain 
2
        employment.


3
            (3) Each participant shall pay for room and board 
4
        at the facility on a
sliding-scale basis according to 
5
        the participant's income.


6
            (4) Each participant shall:


7
                (A) provide restitution to victims in 
8
            accordance with any court order;


9
                (B) provide financial support to his 
10
            dependents; and


11
                (C) make appropriate payments toward any other 
12
            court-ordered
obligations.


13
            (5) Each participant shall complete community 
14
        service in addition to
employment.


15
            (6) Participants shall take part in such 
16
        counseling, educational and
other programs as the 
17
        Department may deem appropriate.


18
            (7) Participants shall submit to drug and alcohol 
19
        screening.


20
            (8) The Department shall promulgate rules 
21
        governing the administration
of the program.


22
        (r) To enter into intergovernmental cooperation 
23
    agreements under which
persons in the custody of the 
24
    Department may participate in a county impact

25
    incarceration program established under Section 3-6038 or 
26
    3-15003.5 of the
Counties Code.


27
        (r-5) To enter into intergovernmental cooperation 
28
    agreements under which
minors adjudicated delinquent and 
29
    committed to the Department of Corrections,
Juvenile 
30
    Division, may participate in a county juvenile impact 
31
    incarceration
program established under Section 3-6039 of 
32
    the Counties Code.


33
        (r-10) To systematically and routinely identify with 
34
    respect to each
streetgang active within the correctional 
35
    system: (1) each active gang; (2)
every existing inter-gang 
36
    affiliation or alliance; and (3) the current leaders
in 
 


 






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    each gang.  The Department shall promptly segregate leaders 
2
    from inmates who
belong to their gangs and allied gangs.  
3
    "Segregate" means no physical contact
and, to the extent 
4
    possible under the conditions and space available at the

5
    correctional facility, prohibition of visual and sound 
6
    communication.  For the
purposes of this paragraph (r-10), 
7
    "leaders" means persons who:


8
            (i) are members of a criminal streetgang;


9
            (ii) with respect to other individuals within the 
10
        streetgang, occupy a
position of organizer, 
11
        supervisor, or other position of management or

12
        leadership; and


13
            (iii) are actively and personally engaged in 
14
        directing, ordering,
authorizing, or requesting 
15
        commission of criminal acts by others, which are

16
        punishable as a felony, in furtherance of streetgang 
17
        related activity both
within and outside of the 
18
        Department of Corrections.


19
    "Streetgang", "gang", and "streetgang related" have the 
20
    meanings ascribed to
them in Section 10 of the Illinois 
21
    Streetgang Terrorism Omnibus Prevention
Act.


22
        (s) To operate a super-maximum security institution, 
23
    in order to
manage and
supervise inmates who are disruptive 
24
    or dangerous and provide for the safety
and security of the 
25
    staff and the other inmates.


26
        (t) To monitor any unprivileged conversation or any 
27
    unprivileged
communication, whether in person or  by mail, 
28
    telephone, or other means,
between an inmate who, before 
29
    commitment to the Department, was a member of an
organized 
30
    gang and any other person without the need to show cause or 
31
    satisfy
any other requirement of law before beginning the 
32
    monitoring, except as
constitutionally required. The 
33
    monitoring may be by video, voice, or other
method of 
34
    recording or by any other means.  As used in this 
35
    subdivision (1)(t),
"organized gang" has the meaning 
36
    ascribed to it in Section 10 of the Illinois
Streetgang 
 


 






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1
    Terrorism Omnibus Prevention Act.


2
        As used in this subdivision (1)(t), "unprivileged 
3
    conversation" or
"unprivileged communication" means a 
4
    conversation or communication that is not
protected by any 
5
    privilege recognized by law or by decision, rule, or order 
6
    of
the Illinois Supreme Court.


7
        (u) To establish a Women's and Children's Pre-release 
8
    Community
Supervision
Program for the purpose of providing 
9
    housing and services to eligible female
inmates, as 
10
    determined by the Department, and their newborn and young

11
    children.


12
        (v) To do all other acts necessary to carry out the 
13
    provisions
of this Chapter.

14
    (2) The Department of Corrections shall by January 1, 1998, 
15
consider
building and operating a correctional facility within 
16
100 miles of a county of
over 2,000,000 inhabitants, especially 
17
a facility designed to house juvenile
participants in the 
18
impact incarceration program.

19
    (3) When the Department lets bids for contracts for medical

20
services to be provided to persons committed to Department 
21
facilities by
a health maintenance organization, medical 
22
service corporation, or other
health care provider, the bid may 
23
only be let to a health care provider
that has obtained an 
24
irrevocable letter of credit or performance bond
issued by a 
25
company whose bonds are rated AAA by a bond rating

26
organization.

27
    (4) When the Department lets bids for
contracts for food or 
28
commissary services to be provided to
Department facilities, 
29
the bid may only be let to a food or commissary
services 
30
provider that has obtained an irrevocable letter of
credit or 
31
performance bond issued by a company whose bonds are rated
AAA 
32
by a bond rating organization.

33
(Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839, 
34
eff. 7-30-04; revised 12-15-05.)

 
35
    (Text of Section after amendment by P.A. 94-696)

 


 






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1
    Sec. 3-2-2. Powers and Duties of the Department. 

2
    (1) In addition to the powers, duties and responsibilities 
3
which are
otherwise provided by law, the Department shall have 
4
the following powers:


5
        (a) To accept persons committed to it by the courts of 
6
    this State for
care, custody, treatment and 
7
    rehabilitation, and to accept federal prisoners and aliens 
8
    over whom the Office of the Federal Detention Trustee is 
9
    authorized to exercise the federal detention function for 
10
    limited purposes and periods of time.


11
        (b) To develop and maintain reception and evaluation 
12
    units for purposes
of analyzing the custody and 
13
    rehabilitation needs of persons committed to
it and to 
14
    assign such persons to institutions and programs under its 
15
    control
or transfer them to other appropriate agencies.  In 
16
    consultation with the
Department of Alcoholism and 
17
    Substance Abuse (now the Department of Human
Services), the 
18
    Department of Corrections
shall develop a master plan for 
19
    the screening and evaluation of persons
committed to its 
20
    custody who have alcohol or drug abuse problems, and for

21
    making appropriate treatment available to such persons; 
22
    the Department
shall report to the General Assembly on such 
23
    plan not later than April 1,
1987.  The maintenance and 
24
    implementation of such plan shall be contingent
upon the 
25
    availability of funds.


26
        (b-1) To create and implement, on January 1, 2002, a 
27
    pilot
program to
establish the effectiveness of 
28
    pupillometer technology (the measurement of the
pupil's

29
    reaction to light) as an alternative to a urine test for 
30
    purposes of screening
and evaluating
persons committed to 
31
    its custody who have alcohol or drug problems. The
pilot 
32
    program shall require the pupillometer technology to be 
33
    used in at
least one Department of
Corrections facility.  
34
    The Director may expand the pilot program to include an

35
    additional facility or
facilities as he or she deems 
36
    appropriate.
A minimum of 4,000 tests shall be included in 
 


 






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1
    the pilot program.
The
Department must report to the

2
    General Assembly on the
effectiveness of the program by 
3
    January 1, 2003.


4
        (b-5) To develop, in consultation with the Department 
5
    of State Police, a
program for tracking and evaluating each 
6
    inmate from commitment through release
for recording his or 
7
    her gang affiliations, activities, or ranks.


8
        (c) To maintain and administer all State correctional 
9
    institutions and
facilities under its control and to 
10
    establish new ones as needed.  Pursuant
to its power to 
11
    establish new institutions and facilities, the Department

12
    may, with the written approval of the Governor, authorize 
13
    the Department of
Central Management Services to enter into 
14
    an agreement of the type
described in subsection (d) of 
15
    Section 405-300 of the
Department
of Central Management 
16
    Services Law (20 ILCS 405/405-300).  The Department shall

17
    designate those institutions which
shall constitute the 
18
    State Penitentiary System.


19
        Pursuant to its power to establish new institutions and 
20
    facilities, the
Department may authorize the Department of 
21
    Central Management Services to
accept bids from counties 
22
    and municipalities for the construction,
remodeling or 
23
    conversion of a structure to be leased to the Department of

24
    Corrections for the purposes of its serving as a 
25
    correctional institution
or facility.  Such construction, 
26
    remodeling or conversion may be financed
with revenue bonds 
27
    issued pursuant to the Industrial Building Revenue Bond
Act 
28
    by the municipality or county.  The lease specified in a bid 
29
    shall be
for a term of not less than the time needed to 
30
    retire any revenue bonds
used to finance the project, but 
31
    not to exceed 40 years.  The lease may
grant to the State 
32
    the option to purchase the structure outright.


33
        Upon receipt of the bids, the Department may certify 
34
    one or more of the
bids and shall submit any such bids to 
35
    the General Assembly for approval.
Upon approval of a bid 
36
    by a constitutional majority of both houses of the
General 
 


 






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1
    Assembly, pursuant to joint resolution, the Department of 
2
    Central
Management Services may enter into an agreement 
3
    with the county or
municipality pursuant to such bid.


4
        (c-5) To build and maintain regional juvenile 
5
    detention centers and to
charge a per diem to the counties 
6
    as established by the Department to defray
the costs of 
7
    housing each minor in a center.  In this subsection (c-5),

8
    "juvenile
detention center" means a facility to house 
9
    minors during pendency of trial who
have been transferred 
10
    from proceedings under the Juvenile Court Act of 1987 to

11
    prosecutions under the criminal laws of this State in 
12
    accordance with Section
5-805 of the Juvenile Court Act of 
13
    1987, whether the transfer was by operation
of
law or 
14
    permissive under that Section.  The Department shall 
15
    designate the
counties to be served by each regional 
16
    juvenile detention center.


17
        (d) To develop and maintain programs of control, 
18
    rehabilitation and
employment of committed persons within 
19
    its institutions.

20
        (d-5) To provide a pre-release job preparation program 
21
    for inmates at Illinois adult correctional centers.


22
        (e) To establish a system of supervision and guidance 
23
    of committed persons
in the community.


24
        (f) To establish in cooperation with the Department of 
25
    Transportation
to supply a sufficient number of prisoners 
26
    for use by the Department of
Transportation to clean up the 
27
    trash and garbage along State, county,
township, or 
28
    municipal highways as designated by the Department of

29
    Transportation.  The Department of Corrections, at the 
30
    request of the
Department of Transportation, shall furnish 
31
    such prisoners at least
annually for a period to be agreed 
32
    upon between the Director of
Corrections and the Director 
33
    of Transportation.  The prisoners used on this
program shall 
34
    be selected by the Director of Corrections on whatever 
35
    basis
he deems proper in consideration of their term, 
36
    behavior and earned eligibility
to participate in such 
 


 






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1
    program - where they will be outside of the prison
facility 
2
    but still in the custody of the Department of Corrections.  
3
    Prisoners
convicted of first degree murder, or a Class X 
4
    felony, or armed violence, or
aggravated kidnapping,  or 
5
    criminal sexual assault, aggravated criminal sexual
abuse 
6
    or a subsequent conviction for criminal sexual abuse, or 
7
    forcible
detention, or arson, or a prisoner adjudged a 
8
    Habitual Criminal shall not be
eligible for selection to 
9
    participate in such program.  The prisoners shall
remain as 
10
    prisoners in the custody of the Department of Corrections 
11
    and such
Department shall furnish whatever security is 
12
    necessary. The Department of
Transportation shall furnish 
13
    trucks and equipment for the highway cleanup
program and 
14
    personnel to supervise and direct the program. Neither the

15
    Department of Corrections nor the Department of 
16
    Transportation shall replace
any regular employee with a 
17
    prisoner.


18
        (g) To maintain records of persons committed to it and 
19
    to establish
programs of research, statistics and 
20
    planning.


21
        (h) To investigate the grievances of any person 
22
    committed to the
Department, to inquire into any alleged 
23
    misconduct by employees
or committed persons, and to 
24
    investigate the assets
of committed persons to implement 
25
    Section 3-7-6 of this Code; and for
these purposes it may 
26
    issue subpoenas and compel the attendance of witnesses
and 
27
    the production of writings and papers, and may examine 
28
    under oath any
witnesses who may appear before it; to also 
29
    investigate alleged violations
of a parolee's or 
30
    releasee's conditions of parole or release; and for this

31
    purpose it may issue subpoenas and compel the attendance of 
32
    witnesses and
the production of documents only if there is 
33
    reason to believe that such
procedures would provide 
34
    evidence that such violations have occurred.


35
        If any person fails to obey a subpoena issued under 
36
    this subsection,
the Director may apply to any circuit 
 


 






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1
    court to secure compliance with the
subpoena.  The failure 
2
    to comply with the order of the court issued in
response 
3
    thereto shall be punishable as contempt of court.


4
        (i) To appoint and remove the chief administrative 
5
    officers, and
administer
programs of training and 
6
    development of personnel of the Department. Personnel

7
    assigned by the Department to be responsible for the

8
    custody and control of committed persons or to investigate 
9
    the alleged
misconduct of committed persons or employees or 
10
    alleged violations of a
parolee's or releasee's conditions 
11
    of parole shall be conservators of the peace
for those 
12
    purposes, and shall have the full power of peace officers 
13
    outside
of the facilities of the Department in the 
14
    protection, arrest, retaking
and reconfining of committed 
15
    persons or where the exercise of such power
is necessary to 
16
    the investigation of such misconduct or violations.


17
        (j) To cooperate with other departments and agencies 
18
    and with local
communities for the development of standards 
19
    and programs for better
correctional services in this 
20
    State.


21
        (k) To administer all moneys and properties of the 
22
    Department.


23
        (l) To report annually to the Governor on the committed

24
    persons, institutions and programs of the Department.


25
        (l-5) In a confidential annual report to the Governor, 
26
    the Department
shall
identify all inmate gangs by 
27
    specifying each current gang's name, population
and allied 
28
    gangs.  The Department shall further specify the number of 
29
    top
leaders identified by the Department for each gang 
30
    during the past year, and
the measures taken by the 
31
    Department to segregate each leader from his or her
gang 
32
    and allied gangs.  The Department shall further report the 
33
    current status
of leaders identified and segregated in 
34
    previous years.  All leaders described
in the report shall 
35
    be identified by inmate number or other designation to

36
    enable tracking, auditing, and verification without 
 


 






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1
    revealing the names of the
leaders.  Because this report 
2
    contains law enforcement intelligence information

3
    collected by the Department, the report is confidential and 
4
    not subject to
public disclosure.


5
        (m) To make all rules and regulations and exercise all 
6
    powers and duties
vested by law in the Department.


7
        (n) To establish rules and regulations for 
8
    administering a system of
good conduct credits, 
9
    established in accordance with Section 3-6-3, subject
to 
10
    review by the Prisoner Review Board.


11
        (o) To administer the distribution of funds
from the 
12
    State Treasury to reimburse counties where State penal

13
    institutions are located for the payment of assistant 
14
    state's attorneys'
salaries under Section 4-2001 of the 
15
    Counties Code.


16
        (p) To exchange information with the Department of 
17
    Human Services and the
Illinois Department of Healthcare 
18
    and Family Services
Public Aid
for the purpose of verifying 
19
    living arrangements and for other purposes
directly 
20
    connected with the administration of this Code and the 
21
    Illinois
Public Aid Code.


22
        (q) To establish a diversion program.


23
        The program shall provide a structured environment for 
24
    selected
technical parole or mandatory supervised release 
25
    violators and committed
persons who have violated the rules 
26
    governing their conduct while in work
release.  This program 
27
    shall not apply to those persons who have committed
a new 
28
    offense while serving on parole or mandatory supervised 
29
    release or
while committed to work release.


30
        Elements of the program shall include, but shall not be 
31
    limited to, the
following:


32
            (1) The staff of a diversion facility shall provide 
33
        supervision in
accordance with required objectives set 
34
        by the facility.


35
            (2) Participants shall be required to maintain 
36
        employment.


 


 






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1
            (3) Each participant shall pay for room and board 
2
        at the facility on a
sliding-scale basis according to 
3
        the participant's income.


4
            (4) Each participant shall:


5
                (A) provide restitution to victims in 
6
            accordance with any court order;


7
                (B) provide financial support to his 
8
            dependents; and


9
                (C) make appropriate payments toward any other 
10
            court-ordered
obligations.


11
            (5) Each participant shall complete community 
12
        service in addition to
employment.


13
            (6) Participants shall take part in such 
14
        counseling, educational and
other programs as the 
15
        Department may deem appropriate.


16
            (7) Participants shall submit to drug and alcohol 
17
        screening.


18
            (8) The Department shall promulgate rules 
19
        governing the administration
of the program.


20
        (r) To enter into intergovernmental cooperation 
21
    agreements under which
persons in the custody of the 
22
    Department may participate in a county impact

23
    incarceration program established under Section 3-6038 or 
24
    3-15003.5 of the
Counties Code.


25
        (r-5) (Blank).


26
        (r-10) To systematically and routinely identify with 
27
    respect to each
streetgang active within the correctional 
28
    system: (1) each active gang; (2)
every existing inter-gang 
29
    affiliation or alliance; and (3) the current leaders
in 
30
    each gang.  The Department shall promptly segregate leaders 
31
    from inmates who
belong to their gangs and allied gangs.  
32
    "Segregate" means no physical contact
and, to the extent 
33
    possible under the conditions and space available at the

34
    correctional facility, prohibition of visual and sound 
35
    communication.  For the
purposes of this paragraph (r-10), 
36
    "leaders" means persons who:


 


 






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1
            (i) are members of a criminal streetgang;


2
            (ii) with respect to other individuals within the 
3
        streetgang, occupy a
position of organizer, 
4
        supervisor, or other position of management or

5
        leadership; and


6
            (iii) are actively and personally engaged in 
7
        directing, ordering,
authorizing, or requesting 
8
        commission of criminal acts by others, which are

9
        punishable as a felony, in furtherance of streetgang 
10
        related activity both
within and outside of the 
11
        Department of Corrections.


12
    "Streetgang", "gang", and "streetgang related" have the 
13
    meanings ascribed to
them in Section 10 of the Illinois 
14
    Streetgang Terrorism Omnibus Prevention
Act.


15
        (s) To operate a super-maximum security institution, 
16
    in order to
manage and
supervise inmates who are disruptive 
17
    or dangerous and provide for the safety
and security of the 
18
    staff and the other inmates.


19
        (t) To monitor any unprivileged conversation or any 
20
    unprivileged
communication, whether in person or  by mail, 
21
    telephone, or other means,
between an inmate who, before 
22
    commitment to the Department, was a member of an
organized 
23
    gang and any other person without the need to show cause or 
24
    satisfy
any other requirement of law before beginning the 
25
    monitoring, except as
constitutionally required. The 
26
    monitoring may be by video, voice, or other
method of 
27
    recording or by any other means.  As used in this 
28
    subdivision (1)(t),
"organized gang" has the meaning 
29
    ascribed to it in Section 10 of the Illinois
Streetgang 
30
    Terrorism Omnibus Prevention Act.


31
        As used in this subdivision (1)(t), "unprivileged 
32
    conversation" or
"unprivileged communication" means a 
33
    conversation or communication that is not
protected by any 
34
    privilege recognized by law or by decision, rule, or order 
35
    of
the Illinois Supreme Court.


36
        (u) To establish a Women's and Children's Pre-release 
 


 






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1
    Community
Supervision
Program for the purpose of providing 
2
    housing and services to eligible female
inmates, as 
3
    determined by the Department, and their newborn and young

4
    children.


5
        (v) To do all other acts necessary to carry out the 
6
    provisions
of this Chapter.

7
    (2) The Department of Corrections shall by January 1, 1998, 
8
consider
building and operating a correctional facility within 
9
100 miles of a county of
over 2,000,000 inhabitants, especially 
10
a facility designed to house juvenile
participants in the 
11
impact incarceration program.

12
    (3) When the Department lets bids for contracts for medical

13
services to be provided to persons committed to Department 
14
facilities by
a health maintenance organization, medical 
15
service corporation, or other
health care provider, the bid may 
16
only be let to a health care provider
that has obtained an 
17
irrevocable letter of credit or performance bond
issued by a 
18
company whose bonds are rated AAA by a bond rating

19
organization.

20
    (4) When the Department lets bids for
contracts for food or 
21
commissary services to be provided to
Department facilities, 
22
the bid may only be let to a food or commissary
services 
23
provider that has obtained an irrevocable letter of
credit or 
24
performance bond issued by a company whose bonds are rated
AAA 
25
by a bond rating organization.

26
(Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; 
27
revised 12-15-05.)

 



28
    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)



29
    Sec. 5-5-5. Loss and Restoration of Rights. 

30
    (a) Conviction and disposition shall not entail the loss by 
31
the
defendant of any civil rights, except under this Section 
32
and Sections 29-6
and 29-10 of The Election Code, as now or 
33
hereafter amended.

34
    (b) A person convicted of a felony shall be ineligible to 
35
hold an office
created by the Constitution of this State until 
 


 






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1
the completion of his sentence.

2
    (c) A person sentenced to imprisonment shall lose his right 
3
to vote
until released from imprisonment.

4
    (d) On completion of sentence of imprisonment or upon 
5
discharge from
probation, conditional discharge or periodic 
6
imprisonment, or at any time
thereafter, all license rights and 
7
privileges
granted under the authority of this State which have 
8
been revoked or
suspended because of conviction of an offense 
9
shall be restored unless the
authority having jurisdiction of 
10
such license rights finds after
investigation and hearing that 
11
restoration is not in the public interest.
This paragraph (d) 
12
shall not apply to the suspension or revocation of a
license to 
13
operate a motor vehicle under the Illinois Vehicle Code.

14
    (e) Upon a person's discharge from incarceration or parole, 
15
or upon a
person's discharge from probation or at any time 
16
thereafter, the committing
court may enter an order certifying 
17
that the sentence has been
satisfactorily completed when the 
18
court believes it would assist in the
rehabilitation of the 
19
person and be consistent with the public welfare.
Such order 
20
may be entered upon the motion of the defendant or the State or

21
upon the court's own motion.

22
    (f) Upon entry of the order, the court shall issue to the 
23
person in
whose favor the order has been entered a certificate 
24
stating that his
behavior after conviction has warranted the 
25
issuance of the order.

26
    (g) This Section shall not affect the right of a defendant 
27
to
collaterally attack his conviction or to rely on it in bar 
28
of subsequent
proceedings for the same offense.

29
    (h) No application for any license specified in subsection 
30
(i) of this
Section granted under the
authority of this State 
31
shall be denied by reason of an eligible offender who
has 
32
obtained a certificate of relief from disabilities, as
defined 
33
in Article 5.5 of this Chapter, having been previously 
34
convicted of one
or more
criminal offenses, or by reason of a 
35
finding of lack of "good moral
character" when the finding is 
36
based upon the fact that the applicant has
previously been 
 


 






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1
convicted of one or more criminal offenses, unless:


2
        (1) there is a direct relationship between one or more 
3
    of the previous
criminal offenses and the specific license 
4
    sought; or


5
        (2) the issuance of the license would
involve an 
6
    unreasonable risk to property or to the safety or welfare 
7
    of
specific individuals or the general public.

8
    In making such a determination, the licensing agency shall 
9
consider the
following factors:


10
        (1) the public policy of this State, as expressed in 
11
    Article 5.5 of this
Chapter, to encourage the licensure and 
12
    employment of persons previously
convicted of one or more 
13
    criminal offenses;


14
        (2) the specific duties and responsibilities 
15
    necessarily related to the
license being sought;


16
        (3) the bearing, if any, the criminal offenses or 
17
    offenses for which the
person
was previously convicted will 
18
    have on his or her fitness or ability to perform
one or

19
    more such duties and responsibilities;


20
        (4) the time which has elapsed since the occurrence of 
21
    the criminal
offense or offenses;


22
        (5) the age of the person at the time of occurrence of 
23
    the criminal
offense or offenses;


24
        (6) the seriousness of the offense or offenses;


25
        (7) any information produced by the person or produced 
26
    on his or her
behalf in
regard to his or her rehabilitation 
27
    and good conduct, including a certificate
of relief from 
28
    disabilities issued to the applicant, which certificate 
29
    shall
create a presumption of rehabilitation in regard to 
30
    the offense or offenses
specified in the certificate; and


31
        (8) the legitimate interest of the licensing agency in 
32
    protecting
property, and
the  safety and welfare of specific 
33
    individuals or the general public.

34
    (i) A certificate of relief from disabilities shall be 
35
issued only
for a
license or certification issued under the 
36
following Acts:


 


 






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1
        (1) the Animal Welfare Act; except that a certificate 
2
    of relief from
disabilities may not be granted
to provide 
3
    for
the
issuance or restoration of a license under the 
4
    Animal Welfare Act for any
person convicted of violating 
5
    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane 
6
    Care for Animals Act or Section 26-5 of the Criminal Code 
7
    of
1961;


8
        (2) the Illinois Athletic Trainers Practice Act;


9
        (3) the Barber, Cosmetology, Esthetics, and Nail 
10
    Technology Act of 1985;


11
        (4) the Boiler and Pressure Vessel Repairer Regulation 
12
    Act;


13
        (5) the Professional Boxing Act;


14
        (6) the Illinois Certified Shorthand Reporters Act of 
15
    1984;


16
        (7) the Illinois Farm Labor Contractor Certification 
17
    Act;


18
        (8) the Interior Design Title Act;


19
        (9) the Illinois Professional Land Surveyor Act of 
20
    1989;


21
        (10) the Illinois Landscape Architecture Act of 1989;


22
        (11) the Marriage and Family Therapy Licensing Act;


23
        (12) the Private Employment Agency Act;


24
        (13) the Professional Counselor and Clinical 
25
    Professional Counselor
Licensing
Act;


26
        (14) the Real Estate License Act of 2000;


27
        (15) the Illinois Roofing Industry Licensing Act;
28
        (16) the Professional Engineering Practice Act of 
29
    1989;
30
        (17) the Water Well and Pump Installation Contractor's 
31
    License Act; and
32
        (18) the Electrologist Licensing Act; .

33
        (19) the Auction License Act;
34
        (20) Illinois Architecture Practice Act of 1989;
35
        (21) the Dietetic and Nutrition Services Practice Act;
36
        (22) the Environmental Health Practitioner Licensing 
 


 






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1
    Act;
2
        (23) the Funeral Directors and Embalmers Licensing 
3
    Code;
4
        (24) the Land Sales Registration Act of 1999;
5
        (25) the Professional Geologist Licensing Act;
6
        (26) the Illinois Public Accounting Act; and
7
        (27) the Structural Engineering Practice Act of 1989.


8
(Source: P.A. 93-207, eff. 1-1-04; 93-914, eff. 1-1-05.)

 



9
    (730 ILCS 5/5-5.5-5)


10
    Sec. 5-5.5-5. Definitions and rules of construction. In 
11
this Article:

12
    "Eligible offender" means a person who has been
convicted 
13
of a crime or of an offense that is not a crime of violence as

14
defined in Section 2 of the Crime Victims Compensation Act, a 
15
Class X or
a nonprobationable offense, or a violation of 
16
Article 11 or Article 12 of the
Criminal Code of 1961, but who 
17
has not been convicted more than twice
once of a
felony.

18
    "Felony" means a conviction of a felony in this State, or

19
of an offense in any other jurisdiction for which a sentence to 
20
a
term of imprisonment in excess of one year, was authorized.

21
    For the purposes of this Article the following rules of 
22
construction apply:


23
        (i) two or more convictions of felonies charged in 
24
    separate counts of one
indictment or information shall be 
25
    deemed to be one conviction;


26
        (ii) two or more convictions of felonies charged in 2 
27
    or more indictments
or informations, filed in the same 
28
    court prior to entry of judgment under any
of them, shall 
29
    be deemed to be one conviction; and


30
        (iii) a plea or a verdict of guilty upon which a 
31
    sentence
of probation, conditional discharge, or 
32
    supervision
has been imposed shall be deemed to be a 
33
    conviction.

34
(Source: P.A. 93-207, eff. 1-1-04.)


 
 


 






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1
    Section 95. No acceleration or delay. Where this Act makes 
2
changes in a statute that is represented in this Act by text 
3
that is not yet or no longer in effect (for example, a Section 
4
represented by multiple versions), the use of that text does 
5
not accelerate or delay the taking effect of (i) the changes 
6
made by this Act or (ii) provisions derived from any other 
7
Public Act.
 

8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.