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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by |
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| changing Section 15-25 and by adding Sections 45-67 and 45-70 |
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| as follows:
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| (30 ILCS 500/15-25)
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| Sec. 15-25. Bulletin content.
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| (a) Invitations for bids. Notice of each and every contract |
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| that is
offered, including renegotiated contracts and change |
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| orders,
shall be published in the Bulletin. The applicable |
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| chief procurement officer
may provide by rule an organized |
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| format for the publication of this
information, but in any case |
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| it must include at least the date first offered,
the date |
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| submission of offers is due, the location that offers are to be
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| submitted to, the purchasing State agency, the responsible |
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| State purchasing
officer, a brief purchase description, the |
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| method of source selection, and
information of how to obtain a |
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| comprehensive purchase description and any
disclosure and |
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| contract forms , and encouragement to prospective vendors to |
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| hire qualified veterans, as defined by Section 45-67 of this |
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| Code, and Illinois residents discharged from any Illinois adult |
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| correctional center .
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| (b) Contracts let or awarded. Notice of each and every |
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| contract that is let
or awarded, including renegotiated |
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| contracts and change orders, shall be
published in the next |
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| available subsequent Bulletin, and
the applicable chief |
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| procurement officer may provide by rule an organized
format for |
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| the publication
of
this information, but in any case it must |
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| include at least all of the
information specified in subsection |
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| (a) as well as the name of the successful
responsible bidder or |
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| offeror, the contract price, the number of unsuccessful
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| responsive bidders, and any other disclosure specified in any |
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| Section of this
Code.
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| (c) Emergency purchase disclosure. Any chief procurement |
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| officer, State
purchasing officer, or designee exercising |
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| emergency purchase authority under
this Code shall publish a |
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| written description and reasons and the total cost,
if known, |
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| or an estimate if unknown and the name of the responsible chief
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| procurement officer and State purchasing officer, and the |
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| business or person
contracted with for all emergency purchases |
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| in
the next timely, practicable Bulletin.
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| (d) Other required disclosure. The applicable chief |
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| procurement officer
shall provide by rule for the organized |
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| publication of all other disclosure
required in other Sections |
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| of this Code in a timely manner.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| (30 ILCS 500/45-67 new)
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| Sec. 45-67. Encouragement to hire qualified veterans. A |
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| chief procurement officer may, as part of any solicitation, |
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| encourage prospective vendors to consider hiring qualified |
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| veterans and to notify them of any available financial |
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| incentives or other advantages associated with hiring such |
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| persons. In establishing internal guidelines in furtherance of |
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| this Section, the Department of Central Management Services may |
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| work with an interagency advisory committee consisting of |
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| representatives from the Department of Veterans Affairs, the |
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| Department of Employment Security, the Department of Commerce |
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| and Economic Opportunity, and the Department of Revenue and |
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| consisting of 8 members of the General Assembly, 2 of whom are |
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| appointed by the Speaker of the House of Representatives, 2 of |
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| whom are appointed by the President of the Senate, 2 of whom |
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| are appointed by the Minority Leader of the House of |
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| Representatives, and 2 of whom are appointed by the Minority |
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| Leader of the Senate. |
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| For the purposes of this Section, "qualified veteran" means |
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| an Illinois resident who: (i) was a member of the Armed Forces |
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| of the United States, a member of the Illinois National Guard, |
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| or a member of any reserve component of the Armed Forces of the |
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| United States; (ii) served on active duty in connection with |
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| Operation Desert Storm, Operation Enduring Freedom, or |
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| Operation Iraqi Freedom; and (iii) was honorably discharged.
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| The Department of Central Management Services must report |
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| to the Governor and to the General Assembly by December 31 of |
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| each year on the activities undertaken by chief procurement |
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| officers and the Department of Central Management Services to |
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| encourage prospective vendors to consider hiring qualified |
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| veterans. The report must include the number of vendors who |
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| have hired qualified veterans. |
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| (30 ILCS 500/45-70 new) |
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| Sec. 45-70. Encouragement to hire ex-offenders. A chief |
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| procurement officer may, as part of any solicitation, encourage |
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| prospective vendors to consider hiring Illinois residents |
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| discharged from any Illinois adult correctional center, in |
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| appropriate circumstances, and to notify them of any available |
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| financial incentives or other advantages associated with |
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| hiring such persons. In establishing internal guidelines in |
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| furtherance of this Section, the Department of Central |
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| Management Services may work with an interagency advisory |
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| committee consisting of representatives from the Department of |
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| Corrections, the Department of Employment Security, the |
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| Department of Juvenile Justice, the Department of Commerce and |
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| Economic Opportunity, and the Department of Revenue and |
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| consisting of 8 members of the General Assembly, 2 of whom are |
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| appointed by the Speaker of the House of Representatives, 2 of |
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| whom are appointed by the President of the Senate, 2 of whom |
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| are appointed by the Minority Leader of the House of |
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| Representatives, and 2 of whom are appointed by the Minority |
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| Leader of the Senate. |
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| The Department of Central Management Services must report |
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| to the Governor and to the General Assembly by December 31 of |
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| each year on the activities undertaken by chief procurement |
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| officers and the Department of Central Management Services to |
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| encourage prospective vendors to consider hiring Illinois |
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| residents who have been discharged from an Illinois adult |
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| correctional center. The report must include the number of |
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| vendors who have hired Illinois residents who have been |
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| discharged from any Illinois adult correctional center. |
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| Section 10. The Illinois Income Tax Act is amended by |
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| adding Sections 216 and 217 as follows: |
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| (35 ILCS 5/216 new) |
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| Sec. 216. Credit for wages paid to ex-felons. |
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| (a) For each taxable year beginning on or after January 1, |
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| 2007, each taxpayer is entitled to a credit against the tax |
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| imposed by subsections (a) and (b) of Section 201 of this Act |
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| in an amount equal to 5% of qualified wages paid by the |
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| taxpayer during the taxable year to one or more Illinois |
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| residents who are qualified ex-offenders. The total credit |
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| allowed to a taxpayer with respect to each qualified |
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| ex-offender may not exceed $600 for all taxable years. For |
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| partners, shareholders of Subchapter S corporations, and |
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| owners of limited liability companies, if the liability company |
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| is treated as a partnership for purposes of federal and State |
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| income taxation, there shall be allowed a credit under this |
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| Section to be determined in accordance with the determination |
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| of income and distributive share of income under Sections 702 |
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| and 704 and Subchapter S of the Internal Revenue Code. |
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| (b) For purposes of this Section, "qualified wages": |
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| (1) includes only wages that are subject to federal |
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| unemployment tax under Section 3306 of the Internal Revenue |
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| Code, without regard to any dollar limitation contained in |
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| that Section;
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| (2) does not include any amounts paid or incurred by an |
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| employer for any period to any qualified ex-offender for |
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| whom the employer receives federally funded payments for |
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| on-the-job training of that qualified ex-offender for that |
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| period;
and
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| (3) includes only wages attributable to service |
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| rendered during the one-year period beginning with the day |
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| the qualified ex-offender begins work for the employer.
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| If the taxpayer has received any payment from a program |
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| established under Section 482(e)(1) of the federal Social |
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| Security Act with respect to a qualified ex-offender, then, for |
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| purposes of calculating the credit under this Section, the |
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| amount of the qualified wages paid to that qualified |
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| ex-offender must be reduced by the amount of the payment.
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| (c) For purposes of this Section, "qualified ex-offender" |
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| means any person who:
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| (1) is an eligible offender, as defined under Section |
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| 5-5.5-5 of the Unified Code of Corrections; |
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| (2) was sentenced to a period of incarceration in an |
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| Illinois adult correctional center; and |
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| (3) was hired by the taxpayer within one year after |
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| being released from an Illinois adult correctional center. |
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| (d) In no event shall a credit under this Section reduce |
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| the taxpayer's liability to less than zero. If the amount of |
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| the credit exceeds the tax liability for the year, the excess |
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| may be carried forward and applied to the tax liability of the |
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| 5 taxable years following the excess credit year. The tax |
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| credit shall be applied to the earliest year for which there is |
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| 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 |
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| shall be applied first. |
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| (35 ILCS 5/217 new)
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| Sec. 217. Credit for wages paid to qualified veterans. |
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| (a) For each taxable year beginning on or after January 1, |
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| 2007, each taxpayer is entitled to a credit against the tax |
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| imposed by subsections (a) and (b) of Section 201 of this Act |
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| in an amount equal to 5%, but in no event to exceed $600, of the |
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| gross wages paid by the taxpayer to a qualified veteran in the |
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| course of that veteran's sustained employment during the |
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| taxable year. For partners, shareholders of Subchapter S |
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| corporations, and owners of limited liability companies, if the |
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| liability company is treated as a partnership for purposes of |
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| federal and State income taxation, there shall be allowed a |
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| credit under this Section to be determined in accordance with |
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| the determination of income and distributive share of income |
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| under Sections 702 and 704 and Subchapter S of the Internal |
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| Revenue Code. |
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| (b) For purposes of this Section: |
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| "Qualified veteran" means an Illinois resident who: (i) was |
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| a member of the Armed Forces of the United States, a member of |
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| the Illinois National Guard, or a member of any reserve |
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| component of the Armed Forces of the United States; (ii) served |
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| on active duty in connection with Operation Desert Storm, |
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| Operation Enduring Freedom, or Operation Iraqi Freedom; (iii) |
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| has provided, to the taxpayer, documentation showing that he or |
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| she was honorably discharged; and (iv) was initially hired by |
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| the taxpayer on or after January 1, 2007. |
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| "Sustained employment" means a period of employment that is |
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| not less than 185 days during the taxable year. |
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| (c) In no event shall a credit under this Section reduce |
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| the taxpayer's liability to less than zero. If the amount of |
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| the credit exceeds the tax liability for the year, the excess |
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| may be carried forward and applied to the tax liability of the |
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| 5 taxable years following the excess credit year. The tax |
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| credit shall be applied to the earliest year for which there is |
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| 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 |
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| shall be applied first. |
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| Section 15. The Unified Code of Corrections is amended by |
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| 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)
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| (Text of Section before amendment by P.A. 94-696 )
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| Sec. 3-2-2. Powers and Duties of the Department.
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| (1) In addition to the powers, duties and responsibilities |
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| which are
otherwise provided by law, the Department shall have |
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| the following powers:
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| (a) To accept persons committed to it by the courts of |
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| this State for
care, custody, treatment and |
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| rehabilitation, and to accept federal prisoners and aliens |
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| over whom the Office of the Federal Detention Trustee is |
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| authorized to exercise the federal detention function for |
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| limited purposes and periods of time.
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| (b) To develop and maintain reception and evaluation |
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| units for purposes
of analyzing the custody and |
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| rehabilitation needs of persons committed to
it and to |
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| assign such persons to institutions and programs under its |
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| control
or transfer them to other appropriate agencies. In |
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| consultation with the
Department of Alcoholism and |
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| Substance Abuse (now the Department of Human
Services), the |
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| Department of Corrections
shall develop a master plan for |
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| the screening and evaluation of persons
committed to its |
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| custody who have alcohol or drug abuse problems, and for
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| making appropriate treatment available to such persons; |
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| the Department
shall report to the General Assembly on such |
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| plan not later than April 1,
1987. The maintenance and |
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| implementation of such plan shall be contingent
upon the |
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| availability of funds.
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| (b-1) To create and implement, on January 1, 2002, a |
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| pilot
program to
establish the effectiveness of |
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| pupillometer technology (the measurement of the
pupil's
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| reaction to light) as an alternative to a urine test for |
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| purposes of screening
and evaluating
persons committed to |
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| its custody who have alcohol or drug problems. The
pilot |
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| program shall require the pupillometer technology to be |
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| used in at
least one Department of
Corrections facility. |
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| The Director may expand the pilot program to include an
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| additional facility or
facilities as he or she deems |
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| appropriate.
A minimum of 4,000 tests shall be included in |
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| the pilot program.
The
Department must report to the
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| General Assembly on the
effectiveness of the program by |
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| January 1, 2003.
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| (b-5) To develop, in consultation with the Department |
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| of State Police, a
program for tracking and evaluating each |
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| inmate from commitment through release
for recording his or |
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| her gang affiliations, activities, or ranks.
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| (c) To maintain and administer all State correctional |
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| institutions and
facilities under its control and to |
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| establish new ones as needed. Pursuant
to its power to |
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| establish new institutions and facilities, the Department
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| may, with the written approval of the Governor, authorize |
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| the Department of
Central Management Services to enter into |
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| an agreement of the type
described in subsection (d) of |
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| Section 405-300 of the
Department
of Central Management |
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| Services Law (20 ILCS 405/405-300). The Department shall
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| designate those institutions which
shall constitute the |
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| State Penitentiary System.
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| Pursuant to its power to establish new institutions and |
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| facilities, the
Department may authorize the Department of |
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| Central Management Services to
accept bids from counties |
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| and municipalities for the construction,
remodeling or |
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| conversion of a structure to be leased to the Department of
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| Corrections for the purposes of its serving as a |
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| correctional institution
or facility. Such construction, |
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| remodeling or conversion may be financed
with revenue bonds |
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| issued pursuant to the Industrial Building Revenue Bond
Act |
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| by the municipality or county. The lease specified in a bid |
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| shall be
for a term of not less than the time needed to |
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| retire any revenue bonds
used to finance the project, but |
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| not to exceed 40 years. The lease may
grant to the State |
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| the option to purchase the structure outright.
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| Upon receipt of the bids, the Department may certify |
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| 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 |
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| by a constitutional majority of both houses of the
General |
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| Assembly, pursuant to joint resolution, the Department of |
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| Central
Management Services may enter into an agreement |
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| with the county or
municipality pursuant to such bid.
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| (c-5) To build and maintain regional juvenile |
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| detention centers and to
charge a per diem to the counties |
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| as established by the Department to defray
the costs of |
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| housing each minor in a center. In this subsection (c-5),
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| "juvenile
detention center" means a facility to house |
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| minors during pendency of trial who
have been transferred |
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| from proceedings under the Juvenile Court Act of 1987 to
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| prosecutions under the criminal laws of this State in |
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| accordance with Section
5-805 of the Juvenile Court Act of |
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| 1987, whether the transfer was by operation
of
law or |
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| permissive under that Section. The Department shall |
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| designate the
counties to be served by each regional |
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| juvenile detention center.
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| (d) To develop and maintain programs of control, |
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| rehabilitation and
employment of committed persons within |
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| its institutions. |
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| (d-5) To provide a pre-release job preparation program |
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| for inmates at Illinois adult correctional centers.
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| (e) To establish a system of supervision and guidance |
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| of committed persons
in the community.
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| (f) To establish in cooperation with the Department of |
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| Transportation
to supply a sufficient number of prisoners |
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| for use by the Department of
Transportation to clean up the |
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| trash and garbage along State, county,
township, or |
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| municipal highways as designated by the Department of
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| Transportation. The Department of Corrections, at the |
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| request of the
Department of Transportation, shall furnish |
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| such prisoners at least
annually for a period to be agreed |
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| upon between the Director of
Corrections and the Director |
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| of Transportation. The prisoners used on this
program shall |
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| be selected by the Director of Corrections on whatever |
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| basis
he deems proper in consideration of their term, |
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| behavior and earned eligibility
to participate in such |
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| program - where they will be outside of the prison
facility |
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| but still in the custody of the Department of Corrections. |
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| Prisoners
convicted of first degree murder, or a Class X |
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| felony, or armed violence, or
aggravated kidnapping, or |
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| criminal sexual assault, aggravated criminal sexual
abuse |
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| or a subsequent conviction for criminal sexual abuse, or |
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| forcible
detention, or arson, or a prisoner adjudged a |
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| Habitual Criminal shall not be
eligible for selection to |
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| participate in such program. The prisoners shall
remain as |
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| prisoners in the custody of the Department of Corrections |
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| and such
Department shall furnish whatever security is |
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| necessary. The Department of
Transportation shall furnish |
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| trucks and equipment for the highway cleanup
program and |
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| personnel to supervise and direct the program. Neither the
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| Department of Corrections nor the Department of |
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| Transportation shall replace
any regular employee with a |
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| prisoner.
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| (g) To maintain records of persons committed to it and |
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| to establish
programs of research, statistics and |
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| planning.
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| (h) To investigate the grievances of any person |
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| committed to the
Department, to inquire into any alleged |
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| misconduct by employees
or committed persons, and to |
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| investigate the assets
of committed persons to implement |
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| Section 3-7-6 of this Code; and for
these purposes it may |
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| issue subpoenas and compel the attendance of witnesses
and |
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| the production of writings and papers, and may examine |
27 |
| under oath any
witnesses who may appear before it; to also |
28 |
| investigate alleged violations
of a parolee's or |
29 |
| releasee's conditions of parole or release; and for this
|
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| purpose it may issue subpoenas and compel the attendance of |
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| witnesses and
the production of documents only if there is |
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| reason to believe that such
procedures would provide |
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| evidence that such violations have occurred.
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| If any person fails to obey a subpoena issued under |
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| this subsection,
the Director may apply to any circuit |
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| court to secure compliance with the
subpoena. The failure |
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| to comply with the order of the court issued in
response |
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| thereto shall be punishable as contempt of court.
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| (i) To appoint and remove the chief administrative |
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| officers, and
administer
programs of training and |
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| development of personnel of the Department. Personnel
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| assigned by the Department to be responsible for the
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| custody and control of committed persons or to investigate |
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| the alleged
misconduct of committed persons or employees or |
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| alleged violations of a
parolee's or releasee's conditions |
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| of parole shall be conservators of the peace
for those |
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| purposes, and shall have the full power of peace officers |
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| outside
of the facilities of the Department in the |
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| protection, arrest, retaking
and reconfining of committed |
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| persons or where the exercise of such power
is necessary to |
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| the investigation of such misconduct or violations.
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| (j) To cooperate with other departments and agencies |
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| and with local
communities for the development of standards |
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| and programs for better
correctional services in this |
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| State.
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| (k) To administer all moneys and properties of the |
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| Department.
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| (l) To report annually to the Governor on the committed
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| persons, institutions and programs of the Department.
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| (l-5) In a confidential annual report to the Governor, |
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| the Department
shall
identify all inmate gangs by |
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| specifying each current gang's name, population
and allied |
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| gangs. The Department shall further specify the number of |
28 |
| top
leaders identified by the Department for each gang |
29 |
| during the past year, and
the measures taken by the |
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| Department to segregate each leader from his or her
gang |
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| and allied gangs. The Department shall further report the |
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| current status
of leaders identified and segregated in |
33 |
| previous years. All leaders described
in the report shall |
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| be identified by inmate number or other designation to
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| enable tracking, auditing, and verification without |
36 |
| revealing the names of the
leaders. Because this report |
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| contains law enforcement intelligence information
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| collected by the Department, the report is confidential and |
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| not subject to
public disclosure.
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| (m) To make all rules and regulations and exercise all |
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| powers and duties
vested by law in the Department.
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| (n) To establish rules and regulations for |
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| administering a system of
good conduct credits, |
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| established in accordance with Section 3-6-3, subject
to |
9 |
| review by the Prisoner Review Board.
|
10 |
| (o) To administer the distribution of funds
from the |
11 |
| State Treasury to reimburse counties where State penal
|
12 |
| institutions are located for the payment of assistant |
13 |
| state's attorneys'
salaries under Section 4-2001 of the |
14 |
| Counties Code.
|
15 |
| (p) To exchange information with the Department of |
16 |
| Human Services and the
Illinois Department of Healthcare |
17 |
| and Family Services
Public Aid
for the purpose of verifying |
18 |
| living arrangements and for other purposes
directly |
19 |
| connected with the administration of this Code and the |
20 |
| Illinois
Public Aid Code.
|
21 |
| (q) To establish a diversion program.
|
22 |
| The program shall provide a structured environment for |
23 |
| selected
technical parole or mandatory supervised release |
24 |
| violators and committed
persons who have violated the rules |
25 |
| governing their conduct while in work
release. This program |
26 |
| shall not apply to those persons who have committed
a new |
27 |
| offense while serving on parole or mandatory supervised |
28 |
| release or
while committed to work release.
|
29 |
| Elements of the program shall include, but shall not be |
30 |
| limited to, the
following:
|
31 |
| (1) The staff of a diversion facility shall provide |
32 |
| supervision in
accordance with required objectives set |
33 |
| by the facility.
|
34 |
| (2) Participants shall be required to maintain |
35 |
| employment.
|
36 |
| (3) Each participant shall pay for room and board |
|
|
|
SB1279 Enrolled |
- 13 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| at the facility on a
sliding-scale basis according to |
2 |
| the participant's income.
|
3 |
| (4) Each participant shall:
|
4 |
| (A) provide restitution to victims in |
5 |
| accordance with any court order;
|
6 |
| (B) provide financial support to his |
7 |
| dependents; and
|
8 |
| (C) make appropriate payments toward any other |
9 |
| court-ordered
obligations.
|
10 |
| (5) Each participant shall complete community |
11 |
| service in addition to
employment.
|
12 |
| (6) Participants shall take part in such |
13 |
| counseling, educational and
other programs as the |
14 |
| Department may deem appropriate.
|
15 |
| (7) Participants shall submit to drug and alcohol |
16 |
| screening.
|
17 |
| (8) The Department shall promulgate rules |
18 |
| governing the administration
of the program.
|
19 |
| (r) To enter into intergovernmental cooperation |
20 |
| agreements under which
persons in the custody of the |
21 |
| Department may participate in a county impact
|
22 |
| incarceration program established under Section 3-6038 or |
23 |
| 3-15003.5 of the
Counties Code.
|
24 |
| (r-5) To enter into intergovernmental cooperation |
25 |
| agreements under which
minors adjudicated delinquent and |
26 |
| committed to the Department of Corrections,
Juvenile |
27 |
| Division, may participate in a county juvenile impact |
28 |
| incarceration
program established under Section 3-6039 of |
29 |
| the Counties Code.
|
30 |
| (r-10) To systematically and routinely identify with |
31 |
| respect to each
streetgang active within the correctional |
32 |
| system: (1) each active gang; (2)
every existing inter-gang |
33 |
| affiliation or alliance; and (3) the current leaders
in |
34 |
| each gang. The Department shall promptly segregate leaders |
35 |
| from inmates who
belong to their gangs and allied gangs. |
36 |
| "Segregate" means no physical contact
and, to the extent |
|
|
|
SB1279 Enrolled |
- 14 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| possible under the conditions and space available at the
|
2 |
| correctional facility, prohibition of visual and sound |
3 |
| communication. For the
purposes of this paragraph (r-10), |
4 |
| "leaders" means persons who:
|
5 |
| (i) are members of a criminal streetgang;
|
6 |
| (ii) with respect to other individuals within the |
7 |
| streetgang, occupy a
position of organizer, |
8 |
| supervisor, or other position of management or
|
9 |
| leadership; and
|
10 |
| (iii) are actively and personally engaged in |
11 |
| directing, ordering,
authorizing, or requesting |
12 |
| commission of criminal acts by others, which are
|
13 |
| punishable as a felony, in furtherance of streetgang |
14 |
| related activity both
within and outside of the |
15 |
| Department of Corrections.
|
16 |
| "Streetgang", "gang", and "streetgang related" have the |
17 |
| meanings ascribed to
them in Section 10 of the Illinois |
18 |
| Streetgang Terrorism Omnibus Prevention
Act.
|
19 |
| (s) To operate a super-maximum security institution, |
20 |
| in order to
manage and
supervise inmates who are disruptive |
21 |
| or dangerous and provide for the safety
and security of the |
22 |
| staff and the other inmates.
|
23 |
| (t) To monitor any unprivileged conversation or any |
24 |
| unprivileged
communication, whether in person or by mail, |
25 |
| telephone, or other means,
between an inmate who, before |
26 |
| commitment to the Department, was a member of an
organized |
27 |
| gang and any other person without the need to show cause or |
28 |
| satisfy
any other requirement of law before beginning the |
29 |
| monitoring, except as
constitutionally required. The |
30 |
| monitoring may be by video, voice, or other
method of |
31 |
| recording or by any other means. As used in this |
32 |
| subdivision (1)(t),
"organized gang" has the meaning |
33 |
| ascribed to it in Section 10 of the Illinois
Streetgang |
34 |
| Terrorism Omnibus Prevention Act.
|
35 |
| As used in this subdivision (1)(t), "unprivileged |
36 |
| conversation" or
"unprivileged communication" means a |
|
|
|
SB1279 Enrolled |
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LRB094 04921 WGH 34950 b |
|
|
1 |
| conversation or communication that is not
protected by any |
2 |
| privilege recognized by law or by decision, rule, or order |
3 |
| of
the Illinois Supreme Court.
|
4 |
| (u) To establish a Women's and Children's Pre-release |
5 |
| Community
Supervision
Program for the purpose of providing |
6 |
| housing and services to eligible female
inmates, as |
7 |
| determined by the Department, and their newborn and young
|
8 |
| children.
|
9 |
| (v) To do all other acts necessary to carry out the |
10 |
| provisions
of this Chapter.
|
11 |
| (2) The Department of Corrections shall by January 1, 1998, |
12 |
| consider
building and operating a correctional facility within |
13 |
| 100 miles of a county of
over 2,000,000 inhabitants, especially |
14 |
| a facility designed to house juvenile
participants in the |
15 |
| impact incarceration program.
|
16 |
| (3) When the Department lets bids for contracts for medical
|
17 |
| services to be provided to persons committed to Department |
18 |
| facilities by
a health maintenance organization, medical |
19 |
| service corporation, or other
health care provider, the bid may |
20 |
| only be let to a health care provider
that has obtained an |
21 |
| irrevocable letter of credit or performance bond
issued by a |
22 |
| company whose bonds are rated AAA by a bond rating
|
23 |
| organization.
|
24 |
| (4) When the Department lets bids for
contracts for food or |
25 |
| commissary services to be provided to
Department facilities, |
26 |
| the bid may only be let to a food or commissary
services |
27 |
| provider that has obtained an irrevocable letter of
credit or |
28 |
| performance bond issued by a company whose bonds are rated
AAA |
29 |
| by a bond rating organization.
|
30 |
| (Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839, |
31 |
| eff. 7-30-04; revised 12-15-05.)
|
32 |
| (Text of Section after amendment by P.A. 94-696 )
|
33 |
| Sec. 3-2-2. Powers and Duties of the Department.
|
34 |
| (1) In addition to the powers, duties and responsibilities |
35 |
| which are
otherwise provided by law, the Department shall have |
|
|
|
SB1279 Enrolled |
- 16 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| the following powers:
|
2 |
| (a) To accept persons committed to it by the courts of |
3 |
| this State for
care, custody, treatment and |
4 |
| rehabilitation, and to accept federal prisoners and aliens |
5 |
| over whom the Office of the Federal Detention Trustee is |
6 |
| authorized to exercise the federal detention function for |
7 |
| limited purposes and periods of time.
|
8 |
| (b) To develop and maintain reception and evaluation |
9 |
| units for purposes
of analyzing the custody and |
10 |
| rehabilitation needs of persons committed to
it and to |
11 |
| assign such persons to institutions and programs under its |
12 |
| control
or transfer them to other appropriate agencies. In |
13 |
| consultation with the
Department of Alcoholism and |
14 |
| Substance Abuse (now the Department of Human
Services), the |
15 |
| Department of Corrections
shall develop a master plan for |
16 |
| the screening and evaluation of persons
committed to its |
17 |
| custody who have alcohol or drug abuse problems, and for
|
18 |
| making appropriate treatment available to such persons; |
19 |
| the Department
shall report to the General Assembly on such |
20 |
| plan not later than April 1,
1987. The maintenance and |
21 |
| implementation of such plan shall be contingent
upon the |
22 |
| availability of funds.
|
23 |
| (b-1) To create and implement, on January 1, 2002, a |
24 |
| pilot
program to
establish the effectiveness of |
25 |
| pupillometer technology (the measurement of the
pupil's
|
26 |
| reaction to light) as an alternative to a urine test for |
27 |
| purposes of screening
and evaluating
persons committed to |
28 |
| its custody who have alcohol or drug problems. The
pilot |
29 |
| program shall require the pupillometer technology to be |
30 |
| used in at
least one Department of
Corrections facility. |
31 |
| The Director may expand the pilot program to include an
|
32 |
| additional facility or
facilities as he or she deems |
33 |
| appropriate.
A minimum of 4,000 tests shall be included in |
34 |
| the pilot program.
The
Department must report to the
|
35 |
| General Assembly on the
effectiveness of the program by |
36 |
| January 1, 2003.
|
|
|
|
SB1279 Enrolled |
- 17 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| (b-5) To develop, in consultation with the Department |
2 |
| of State Police, a
program for tracking and evaluating each |
3 |
| inmate from commitment through release
for recording his or |
4 |
| her gang affiliations, activities, or ranks.
|
5 |
| (c) To maintain and administer all State correctional |
6 |
| institutions and
facilities under its control and to |
7 |
| establish new ones as needed. Pursuant
to its power to |
8 |
| establish new institutions and facilities, the Department
|
9 |
| may, with the written approval of the Governor, authorize |
10 |
| the Department of
Central Management Services to enter into |
11 |
| an agreement of the type
described in subsection (d) of |
12 |
| Section 405-300 of the
Department
of Central Management |
13 |
| Services Law (20 ILCS 405/405-300). The Department shall
|
14 |
| designate those institutions which
shall constitute the |
15 |
| State Penitentiary System.
|
16 |
| Pursuant to its power to establish new institutions and |
17 |
| facilities, the
Department may authorize the Department of |
18 |
| Central Management Services to
accept bids from counties |
19 |
| and municipalities for the construction,
remodeling or |
20 |
| conversion of a structure to be leased to the Department of
|
21 |
| Corrections for the purposes of its serving as a |
22 |
| correctional institution
or facility. Such construction, |
23 |
| remodeling or conversion may be financed
with revenue bonds |
24 |
| issued pursuant to the Industrial Building Revenue Bond
Act |
25 |
| by the municipality or county. The lease specified in a bid |
26 |
| shall be
for a term of not less than the time needed to |
27 |
| retire any revenue bonds
used to finance the project, but |
28 |
| not to exceed 40 years. The lease may
grant to the State |
29 |
| the option to purchase the structure outright.
|
30 |
| Upon receipt of the bids, the Department may certify |
31 |
| one or more of the
bids and shall submit any such bids to |
32 |
| the General Assembly for approval.
Upon approval of a bid |
33 |
| by a constitutional majority of both houses of the
General |
34 |
| Assembly, pursuant to joint resolution, the Department of |
35 |
| Central
Management Services may enter into an agreement |
36 |
| with the county or
municipality pursuant to such bid.
|
|
|
|
SB1279 Enrolled |
- 18 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| (c-5) To build and maintain regional juvenile |
2 |
| detention centers and to
charge a per diem to the counties |
3 |
| as established by the Department to defray
the costs of |
4 |
| housing each minor in a center. In this subsection (c-5),
|
5 |
| "juvenile
detention center" means a facility to house |
6 |
| minors during pendency of trial who
have been transferred |
7 |
| from proceedings under the Juvenile Court Act of 1987 to
|
8 |
| prosecutions under the criminal laws of this State in |
9 |
| accordance with Section
5-805 of the Juvenile Court Act of |
10 |
| 1987, whether the transfer was by operation
of
law or |
11 |
| permissive under that Section. The Department shall |
12 |
| designate the
counties to be served by each regional |
13 |
| juvenile detention center.
|
14 |
| (d) To develop and maintain programs of control, |
15 |
| rehabilitation and
employment of committed persons within |
16 |
| its institutions.
|
17 |
| (d-5) To provide a pre-release job preparation program |
18 |
| for inmates at Illinois adult correctional centers.
|
19 |
| (e) To establish a system of supervision and guidance |
20 |
| of committed persons
in the community.
|
21 |
| (f) To establish in cooperation with the Department of |
22 |
| Transportation
to supply a sufficient number of prisoners |
23 |
| for use by the Department of
Transportation to clean up the |
24 |
| trash and garbage along State, county,
township, or |
25 |
| municipal highways as designated by the Department of
|
26 |
| Transportation. The Department of Corrections, at the |
27 |
| request of the
Department of Transportation, shall furnish |
28 |
| such prisoners at least
annually for a period to be agreed |
29 |
| upon between the Director of
Corrections and the Director |
30 |
| of Transportation. The prisoners used on this
program shall |
31 |
| be selected by the Director of Corrections on whatever |
32 |
| basis
he deems proper in consideration of their term, |
33 |
| behavior and earned eligibility
to participate in such |
34 |
| program - where they will be outside of the prison
facility |
35 |
| but still in the custody of the Department of Corrections. |
36 |
| Prisoners
convicted of first degree murder, or a Class X |
|
|
|
SB1279 Enrolled |
- 19 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| felony, or armed violence, or
aggravated kidnapping, or |
2 |
| criminal sexual assault, aggravated criminal sexual
abuse |
3 |
| or a subsequent conviction for criminal sexual abuse, or |
4 |
| forcible
detention, or arson, or a prisoner adjudged a |
5 |
| Habitual Criminal shall not be
eligible for selection to |
6 |
| participate in such program. The prisoners shall
remain as |
7 |
| prisoners in the custody of the Department of Corrections |
8 |
| and such
Department shall furnish whatever security is |
9 |
| necessary. The Department of
Transportation shall furnish |
10 |
| trucks and equipment for the highway cleanup
program and |
11 |
| personnel to supervise and direct the program. Neither the
|
12 |
| Department of Corrections nor the Department of |
13 |
| Transportation shall replace
any regular employee with a |
14 |
| prisoner.
|
15 |
| (g) To maintain records of persons committed to it and |
16 |
| to establish
programs of research, statistics and |
17 |
| planning.
|
18 |
| (h) To investigate the grievances of any person |
19 |
| committed to the
Department, to inquire into any alleged |
20 |
| misconduct by employees
or committed persons, and to |
21 |
| investigate the assets
of committed persons to implement |
22 |
| Section 3-7-6 of this Code; and for
these purposes it may |
23 |
| issue subpoenas and compel the attendance of witnesses
and |
24 |
| the production of writings and papers, and may examine |
25 |
| under oath any
witnesses who may appear before it; to also |
26 |
| investigate alleged violations
of a parolee's or |
27 |
| releasee's conditions of parole or release; and for this
|
28 |
| purpose it may issue subpoenas and compel the attendance of |
29 |
| witnesses and
the production of documents only if there is |
30 |
| reason to believe that such
procedures would provide |
31 |
| evidence that such violations have occurred.
|
32 |
| If any person fails to obey a subpoena issued under |
33 |
| this subsection,
the Director may apply to any circuit |
34 |
| court to secure compliance with the
subpoena. The failure |
35 |
| to comply with the order of the court issued in
response |
36 |
| thereto shall be punishable as contempt of court.
|
|
|
|
SB1279 Enrolled |
- 20 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| (i) To appoint and remove the chief administrative |
2 |
| officers, and
administer
programs of training and |
3 |
| development of personnel of the Department. Personnel
|
4 |
| assigned by the Department to be responsible for the
|
5 |
| custody and control of committed persons or to investigate |
6 |
| the alleged
misconduct of committed persons or employees or |
7 |
| alleged violations of a
parolee's or releasee's conditions |
8 |
| of parole shall be conservators of the peace
for those |
9 |
| purposes, and shall have the full power of peace officers |
10 |
| outside
of the facilities of the Department in the |
11 |
| protection, arrest, retaking
and reconfining of committed |
12 |
| persons or where the exercise of such power
is necessary to |
13 |
| the investigation of such misconduct or violations.
|
14 |
| (j) To cooperate with other departments and agencies |
15 |
| and with local
communities for the development of standards |
16 |
| and programs for better
correctional services in this |
17 |
| State.
|
18 |
| (k) To administer all moneys and properties of the |
19 |
| Department.
|
20 |
| (l) To report annually to the Governor on the committed
|
21 |
| persons, institutions and programs of the Department.
|
22 |
| (l-5) In a confidential annual report to the Governor, |
23 |
| the Department
shall
identify all inmate gangs by |
24 |
| specifying each current gang's name, population
and allied |
25 |
| gangs. The Department shall further specify the number of |
26 |
| top
leaders identified by the Department for each gang |
27 |
| during the past year, and
the measures taken by the |
28 |
| Department to segregate each leader from his or her
gang |
29 |
| and allied gangs. The Department shall further report the |
30 |
| current status
of leaders identified and segregated in |
31 |
| previous years. All leaders described
in the report shall |
32 |
| be identified by inmate number or other designation to
|
33 |
| enable tracking, auditing, and verification without |
34 |
| revealing the names of the
leaders. Because this report |
35 |
| contains law enforcement intelligence information
|
36 |
| collected by the Department, the report is confidential and |
|
|
|
SB1279 Enrolled |
- 21 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| not subject to
public disclosure.
|
2 |
| (m) To make all rules and regulations and exercise all |
3 |
| powers and duties
vested by law in the Department.
|
4 |
| (n) To establish rules and regulations for |
5 |
| administering a system of
good conduct credits, |
6 |
| established in accordance with Section 3-6-3, subject
to |
7 |
| review by the Prisoner Review Board.
|
8 |
| (o) To administer the distribution of funds
from the |
9 |
| State Treasury to reimburse counties where State penal
|
10 |
| institutions are located for the payment of assistant |
11 |
| state's attorneys'
salaries under Section 4-2001 of the |
12 |
| Counties Code.
|
13 |
| (p) To exchange information with the Department of |
14 |
| Human Services and the
Illinois Department of Healthcare |
15 |
| and Family Services
Public Aid
for the purpose of verifying |
16 |
| living arrangements and for other purposes
directly |
17 |
| connected with the administration of this Code and the |
18 |
| Illinois
Public Aid Code.
|
19 |
| (q) To establish a diversion program.
|
20 |
| The program shall provide a structured environment for |
21 |
| selected
technical parole or mandatory supervised release |
22 |
| violators and committed
persons who have violated the rules |
23 |
| governing their conduct while in work
release. This program |
24 |
| shall not apply to those persons who have committed
a new |
25 |
| offense while serving on parole or mandatory supervised |
26 |
| release or
while committed to work release.
|
27 |
| Elements of the program shall include, but shall not be |
28 |
| limited to, the
following:
|
29 |
| (1) The staff of a diversion facility shall provide |
30 |
| supervision in
accordance with required objectives set |
31 |
| by the facility.
|
32 |
| (2) Participants shall be required to maintain |
33 |
| employment.
|
34 |
| (3) Each participant shall pay for room and board |
35 |
| at the facility on a
sliding-scale basis according to |
36 |
| the participant's income.
|
|
|
|
SB1279 Enrolled |
- 22 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| (4) Each participant shall:
|
2 |
| (A) provide restitution to victims in |
3 |
| accordance with any court order;
|
4 |
| (B) provide financial support to his |
5 |
| dependents; and
|
6 |
| (C) make appropriate payments toward any other |
7 |
| court-ordered
obligations.
|
8 |
| (5) Each participant shall complete community |
9 |
| service in addition to
employment.
|
10 |
| (6) Participants shall take part in such |
11 |
| counseling, educational and
other programs as the |
12 |
| Department may deem appropriate.
|
13 |
| (7) Participants shall submit to drug and alcohol |
14 |
| screening.
|
15 |
| (8) The Department shall promulgate rules |
16 |
| governing the administration
of the program.
|
17 |
| (r) To enter into intergovernmental cooperation |
18 |
| agreements under which
persons in the custody of the |
19 |
| Department may participate in a county impact
|
20 |
| incarceration program established under Section 3-6038 or |
21 |
| 3-15003.5 of the
Counties Code.
|
22 |
| (r-5) (Blank).
|
23 |
| (r-10) To systematically and routinely identify with |
24 |
| respect to each
streetgang active within the correctional |
25 |
| system: (1) each active gang; (2)
every existing inter-gang |
26 |
| affiliation or alliance; and (3) the current leaders
in |
27 |
| each gang. The Department shall promptly segregate leaders |
28 |
| from inmates who
belong to their gangs and allied gangs. |
29 |
| "Segregate" means no physical contact
and, to the extent |
30 |
| possible under the conditions and space available at the
|
31 |
| correctional facility, prohibition of visual and sound |
32 |
| communication. For the
purposes of this paragraph (r-10), |
33 |
| "leaders" means persons who:
|
34 |
| (i) are members of a criminal streetgang;
|
35 |
| (ii) with respect to other individuals within the |
36 |
| streetgang, occupy a
position of organizer, |
|
|
|
SB1279 Enrolled |
- 23 - |
LRB094 04921 WGH 34950 b |
|
|
1 |
| supervisor, or other position of management or
|
2 |
| leadership; and
|
3 |
| (iii) are actively and personally engaged in |
4 |
| directing, ordering,
authorizing, or requesting |
5 |
| commission of criminal acts by others, which are
|
6 |
| punishable as a felony, in furtherance of streetgang |
7 |
| related activity both
within and outside of the |
8 |
| Department of Corrections.
|
9 |
| "Streetgang", "gang", and "streetgang related" have the |
10 |
| meanings ascribed to
them in Section 10 of the Illinois |
11 |
| Streetgang Terrorism Omnibus Prevention
Act.
|
12 |
| (s) To operate a super-maximum security institution, |
13 |
| in order to
manage and
supervise inmates who are disruptive |
14 |
| or dangerous and provide for the safety
and security of the |
15 |
| staff and the other inmates.
|
16 |
| (t) To monitor any unprivileged conversation or any |
17 |
| unprivileged
communication, whether in person or by mail, |
18 |
| telephone, or other means,
between an inmate who, before |
19 |
| commitment to the Department, was a member of an
organized |
20 |
| gang and any other person without the need to show cause or |
21 |
| satisfy
any other requirement of law before beginning the |
22 |
| monitoring, except as
constitutionally required. The |
23 |
| monitoring may be by video, voice, or other
method of |
24 |
| recording or by any other means. As used in this |
25 |
| subdivision (1)(t),
"organized gang" has the meaning |
26 |
| ascribed to it in Section 10 of the Illinois
Streetgang |
27 |
| Terrorism Omnibus Prevention Act.
|
28 |
| As used in this subdivision (1)(t), "unprivileged |
29 |
| conversation" or
"unprivileged communication" means a |
30 |
| conversation or communication that is not
protected by any |
31 |
| privilege recognized by law or by decision, rule, or order |
32 |
| of
the Illinois Supreme Court.
|
33 |
| (u) To establish a Women's and Children's Pre-release |
34 |
| Community
Supervision
Program for the purpose of providing |
35 |
| housing and services to eligible female
inmates, as |
36 |
| determined by the Department, and their newborn and young
|
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| children.
|
2 |
| (v) To do all other acts necessary to carry out the |
3 |
| provisions
of this Chapter.
|
4 |
| (2) The Department of Corrections shall by January 1, 1998, |
5 |
| consider
building and operating a correctional facility within |
6 |
| 100 miles of a county of
over 2,000,000 inhabitants, especially |
7 |
| a facility designed to house juvenile
participants in the |
8 |
| impact incarceration program.
|
9 |
| (3) When the Department lets bids for contracts for medical
|
10 |
| services to be provided to persons committed to Department |
11 |
| facilities by
a health maintenance organization, medical |
12 |
| service corporation, or other
health care provider, the bid may |
13 |
| only be let to a health care provider
that has obtained an |
14 |
| irrevocable letter of credit or performance bond
issued by a |
15 |
| company whose bonds are rated AAA by a bond rating
|
16 |
| organization.
|
17 |
| (4) When the Department lets bids for
contracts for food or |
18 |
| commissary services to be provided to
Department facilities, |
19 |
| the bid may only be let to a food or commissary
services |
20 |
| provider that has obtained an irrevocable letter of
credit or |
21 |
| performance bond issued by a company whose bonds are rated
AAA |
22 |
| by a bond rating organization.
|
23 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; |
24 |
| revised 12-15-05.)
|
25 |
| (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
|
26 |
| Sec. 5-5-5. Loss and Restoration of Rights.
|
27 |
| (a) Conviction and disposition shall not entail the loss by |
28 |
| the
defendant of any civil rights, except under this Section |
29 |
| and Sections 29-6
and 29-10 of The Election Code, as now or |
30 |
| hereafter amended.
|
31 |
| (b) A person convicted of a felony shall be ineligible to |
32 |
| hold an office
created by the Constitution of this State until |
33 |
| the completion of his sentence.
|
34 |
| (c) A person sentenced to imprisonment shall lose his right |
35 |
| to vote
until released from imprisonment.
|
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| (d) On completion of sentence of imprisonment or upon |
2 |
| discharge from
probation, conditional discharge or periodic |
3 |
| imprisonment, or at any time
thereafter, all license rights and |
4 |
| privileges
granted under the authority of this State which have |
5 |
| been revoked or
suspended because of conviction of an offense |
6 |
| shall be restored unless the
authority having jurisdiction of |
7 |
| such license rights finds after
investigation and hearing that |
8 |
| restoration is not in the public interest.
This paragraph (d) |
9 |
| shall not apply to the suspension or revocation of a
license to |
10 |
| operate a motor vehicle under the Illinois Vehicle Code.
|
11 |
| (e) Upon a person's discharge from incarceration or parole, |
12 |
| or upon a
person's discharge from probation or at any time |
13 |
| thereafter, the committing
court may enter an order certifying |
14 |
| that the sentence has been
satisfactorily completed when the |
15 |
| court believes it would assist in the
rehabilitation of the |
16 |
| person and be consistent with the public welfare.
Such order |
17 |
| may be entered upon the motion of the defendant or the State or
|
18 |
| upon the court's own motion.
|
19 |
| (f) Upon entry of the order, the court shall issue to the |
20 |
| person in
whose favor the order has been entered a certificate |
21 |
| stating that his
behavior after conviction has warranted the |
22 |
| issuance of the order.
|
23 |
| (g) This Section shall not affect the right of a defendant |
24 |
| to
collaterally attack his conviction or to rely on it in bar |
25 |
| of subsequent
proceedings for the same offense.
|
26 |
| (h) No application for any license specified in subsection |
27 |
| (i) of this
Section granted under the
authority of this State |
28 |
| shall be denied by reason of an eligible offender who
has |
29 |
| obtained a certificate of relief from disabilities, as
defined |
30 |
| in Article 5.5 of this Chapter, having been previously |
31 |
| convicted of one
or more
criminal offenses, or by reason of a |
32 |
| finding of lack of "good moral
character" when the finding is |
33 |
| based upon the fact that the applicant has
previously been |
34 |
| convicted of one or more criminal offenses, unless:
|
35 |
| (1) there is a direct relationship between one or more |
36 |
| of the previous
criminal offenses and the specific license |
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| sought; or
|
2 |
| (2) the issuance of the license would
involve an |
3 |
| unreasonable risk to property or to the safety or welfare |
4 |
| of
specific individuals or the general public.
|
5 |
| In making such a determination, the licensing agency shall |
6 |
| consider the
following factors:
|
7 |
| (1) the public policy of this State, as expressed in |
8 |
| Article 5.5 of this
Chapter, to encourage the licensure and |
9 |
| employment of persons previously
convicted of one or more |
10 |
| criminal offenses;
|
11 |
| (2) the specific duties and responsibilities |
12 |
| necessarily related to the
license being sought;
|
13 |
| (3) the bearing, if any, the criminal offenses or |
14 |
| offenses for which the
person
was previously convicted will |
15 |
| have on his or her fitness or ability to perform
one or
|
16 |
| more such duties and responsibilities;
|
17 |
| (4) the time which has elapsed since the occurrence of |
18 |
| the criminal
offense or offenses;
|
19 |
| (5) the age of the person at the time of occurrence of |
20 |
| the criminal
offense or offenses;
|
21 |
| (6) the seriousness of the offense or offenses;
|
22 |
| (7) any information produced by the person or produced |
23 |
| on his or her
behalf in
regard to his or her rehabilitation |
24 |
| and good conduct, including a certificate
of relief from |
25 |
| disabilities issued to the applicant, which certificate |
26 |
| shall
create a presumption of rehabilitation in regard to |
27 |
| the offense or offenses
specified in the certificate; and
|
28 |
| (8) the legitimate interest of the licensing agency in |
29 |
| protecting
property, and
the safety and welfare of specific |
30 |
| individuals or the general public.
|
31 |
| (i) A certificate of relief from disabilities shall be |
32 |
| issued only
for a
license or certification issued under the |
33 |
| following Acts:
|
34 |
| (1) the Animal Welfare Act; except that a certificate |
35 |
| of relief from
disabilities may not be granted
to provide |
36 |
| for
the
issuance or restoration of a license under the |
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| Animal Welfare Act for any
person convicted of violating |
2 |
| Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane |
3 |
| Care for Animals Act or Section 26-5 of the Criminal Code |
4 |
| of
1961;
|
5 |
| (2) the Illinois Athletic Trainers Practice Act;
|
6 |
| (3) the Barber, Cosmetology, Esthetics, and Nail |
7 |
| Technology Act of 1985;
|
8 |
| (4) the Boiler and Pressure Vessel Repairer Regulation |
9 |
| Act;
|
10 |
| (5) the Professional Boxing Act;
|
11 |
| (6) the Illinois Certified Shorthand Reporters Act of |
12 |
| 1984;
|
13 |
| (7) the Illinois Farm Labor Contractor Certification |
14 |
| Act;
|
15 |
| (8) the Interior Design Title Act;
|
16 |
| (9) the Illinois Professional Land Surveyor Act of |
17 |
| 1989;
|
18 |
| (10) the Illinois Landscape Architecture Act of 1989;
|
19 |
| (11) the Marriage and Family Therapy Licensing Act;
|
20 |
| (12) the Private Employment Agency Act;
|
21 |
| (13) the Professional Counselor and Clinical |
22 |
| Professional Counselor
Licensing
Act;
|
23 |
| (14) the Real Estate License Act of 2000;
|
24 |
| (15) the Illinois Roofing Industry Licensing Act; |
25 |
| (16) the Professional Engineering Practice Act of |
26 |
| 1989; |
27 |
| (17) the Water Well and Pump Installation Contractor's |
28 |
| License Act; and |
29 |
| (18) the Electrologist Licensing Act ; .
|
30 |
| (19) the Auction License Act; |
31 |
| (20) Illinois Architecture Practice Act of 1989; |
32 |
| (21) the Dietetic and Nutrition Services Practice Act; |
33 |
| (22) the Environmental Health Practitioner Licensing |
34 |
| Act; |
35 |
| (23) the Funeral Directors and Embalmers Licensing |
36 |
| Code; |
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| (24) the Land Sales Registration Act of 1999; |
2 |
| (25) the Professional Geologist Licensing Act; |
3 |
| (26) the Illinois Public Accounting Act; and |
4 |
| (27) the Structural Engineering Practice Act of 1989.
|
5 |
| (Source: P.A. 93-207, eff. 1-1-04; 93-914, eff. 1-1-05.)
|
6 |
| (730 ILCS 5/5-5.5-5)
|
7 |
| Sec. 5-5.5-5. Definitions and rules of construction. In |
8 |
| this Article:
|
9 |
| "Eligible offender" means a person who has been
convicted |
10 |
| of a crime or of an offense that is not a crime of violence as
|
11 |
| defined in Section 2 of the Crime Victims Compensation Act, a |
12 |
| Class X or
a nonprobationable offense, or a violation of |
13 |
| Article 11 or Article 12 of the
Criminal Code of 1961, but who |
14 |
| has not been convicted more than twice
once of a
felony.
|
15 |
| "Felony" means a conviction of a felony in this State, or
|
16 |
| of an offense in any other jurisdiction for which a sentence to |
17 |
| a
term of imprisonment in excess of one year, was authorized.
|
18 |
| For the purposes of this Article the following rules of |
19 |
| construction apply:
|
20 |
| (i) two or more convictions of felonies charged in |
21 |
| separate counts of one
indictment or information shall be |
22 |
| deemed to be one conviction;
|
23 |
| (ii) two or more convictions of felonies charged in 2 |
24 |
| or more indictments
or informations, filed in the same |
25 |
| court prior to entry of judgment under any
of them, shall |
26 |
| be deemed to be one conviction; and
|
27 |
| (iii) a plea or a verdict of guilty upon which a |
28 |
| sentence
of probation, conditional discharge, or |
29 |
| supervision
has been imposed shall be deemed to be a |
30 |
| conviction.
|
31 |
| (Source: P.A. 93-207, eff. 1-1-04.)
|
32 |
| Section 95. No acceleration or delay. Where this Act makes |
33 |
| changes in a statute that is represented in this Act by text |
34 |
| that is not yet or no longer in effect (for example, a Section |