101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4645

 

Introduced 2/5/2020, by Rep. Darren Bailey

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2-2  from Ch. 38, par. 1003-2-2

    Amends the Unified Code of Corrections. Provides that the Department of Corrections must assign a committed person to an institution or facility that houses committed persons of his or her biological sex, regardless of the gender with which the committed person identifies.


LRB101 15298 RLC 64475 b

 

 

A BILL FOR

 

HB4645LRB101 15298 RLC 64475 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-2-2 as follows:
 
6    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
7    (Text of Section before amendment by P.A. 101-235)
8    Sec. 3-2-2. Powers and duties of the Department.
9    (1) In addition to the powers, duties, and responsibilities
10which are otherwise provided by law, the Department shall have
11the following powers:
12        (a) To accept persons committed to it by the courts of
13    this State for care, custody, treatment and
14    rehabilitation, and to accept federal prisoners and aliens
15    over whom the Office of the Federal Detention Trustee is
16    authorized to exercise the federal detention function for
17    limited purposes and periods of time.
18        (b) To develop and maintain reception and evaluation
19    units for purposes of analyzing the custody and
20    rehabilitation needs of persons committed to it and to
21    assign such persons to institutions and programs under its
22    control or transfer them to other appropriate agencies. In
23    consultation with the Department of Alcoholism and

 

 

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1    Substance Abuse (now the Department of Human Services), the
2    Department of Corrections shall develop a master plan for
3    the screening and evaluation of persons committed to its
4    custody who have alcohol or drug abuse problems, and for
5    making appropriate treatment available to such persons;
6    the Department shall report to the General Assembly on such
7    plan not later than April 1, 1987. The maintenance and
8    implementation of such plan shall be contingent upon the
9    availability of funds.
10        (b-1) To create and implement, on January 1, 2002, a
11    pilot program to establish the effectiveness of
12    pupillometer technology (the measurement of the pupil's
13    reaction to light) as an alternative to a urine test for
14    purposes of screening and evaluating persons committed to
15    its custody who have alcohol or drug problems. The pilot
16    program shall require the pupillometer technology to be
17    used in at least one Department of Corrections facility.
18    The Director may expand the pilot program to include an
19    additional facility or facilities as he or she deems
20    appropriate. A minimum of 4,000 tests shall be included in
21    the pilot program. The Department must report to the
22    General Assembly on the effectiveness of the program by
23    January 1, 2003.
24        (b-5) To develop, in consultation with the Department
25    of State Police, a program for tracking and evaluating each
26    inmate from commitment through release for recording his or

 

 

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1    her gang affiliations, activities, or ranks.
2        (c) To maintain and administer all State correctional
3    institutions and facilities under its control and to
4    establish new ones as needed. Pursuant to its power to
5    establish new institutions and facilities, the Department
6    may, with the written approval of the Governor, authorize
7    the Department of Central Management Services to enter into
8    an agreement of the type described in subsection (d) of
9    Section 405-300 of the Department of Central Management
10    Services Law (20 ILCS 405/405-300). The Department shall
11    designate those institutions which shall constitute the
12    State Penitentiary System.
13        Pursuant to its power to establish new institutions and
14    facilities, the Department may authorize the Department of
15    Central Management Services to accept bids from counties
16    and municipalities for the construction, remodeling or
17    conversion of a structure to be leased to the Department of
18    Corrections for the purposes of its serving as a
19    correctional institution or facility. Such construction,
20    remodeling or conversion may be financed with revenue bonds
21    issued pursuant to the Industrial Building Revenue Bond Act
22    by the municipality or county. The lease specified in a bid
23    shall be for a term of not less than the time needed to
24    retire any revenue bonds used to finance the project, but
25    not to exceed 40 years. The lease may grant to the State
26    the option to purchase the structure outright.

 

 

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1        Upon receipt of the bids, the Department may certify
2    one or more of the bids and shall submit any such bids to
3    the General Assembly for approval. Upon approval of a bid
4    by a constitutional majority of both houses of the General
5    Assembly, pursuant to joint resolution, the Department of
6    Central Management Services may enter into an agreement
7    with the county or municipality pursuant to such bid.
8        (c-5) To build and maintain regional juvenile
9    detention centers and to charge a per diem to the counties
10    as established by the Department to defray the costs of
11    housing each minor in a center. In this subsection (c-5),
12    "juvenile detention center" means a facility to house
13    minors during pendency of trial who have been transferred
14    from proceedings under the Juvenile Court Act of 1987 to
15    prosecutions under the criminal laws of this State in
16    accordance with Section 5-805 of the Juvenile Court Act of
17    1987, whether the transfer was by operation of law or
18    permissive under that Section. The Department shall
19    designate the counties to be served by each regional
20    juvenile detention center.
21        (d) To develop and maintain programs of control,
22    rehabilitation and employment of committed persons within
23    its institutions.
24        (d-5) To provide a pre-release job preparation program
25    for inmates at Illinois adult correctional centers.
26        (d-10) To provide educational and visitation

 

 

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1    opportunities to committed persons within its institutions
2    through temporary access to content-controlled tablets
3    that may be provided as a privilege to committed persons to
4    induce or reward compliance.
5        (e) To establish a system of supervision and guidance
6    of committed persons in the community.
7        (f) To establish in cooperation with the Department of
8    Transportation to supply a sufficient number of prisoners
9    for use by the Department of Transportation to clean up the
10    trash and garbage along State, county, township, or
11    municipal highways as designated by the Department of
12    Transportation. The Department of Corrections, at the
13    request of the Department of Transportation, shall furnish
14    such prisoners at least annually for a period to be agreed
15    upon between the Director of Corrections and the Secretary
16    of Transportation. The prisoners used on this program shall
17    be selected by the Director of Corrections on whatever
18    basis he deems proper in consideration of their term,
19    behavior and earned eligibility to participate in such
20    program - where they will be outside of the prison facility
21    but still in the custody of the Department of Corrections.
22    Prisoners convicted of first degree murder, or a Class X
23    felony, or armed violence, or aggravated kidnapping, or
24    criminal sexual assault, aggravated criminal sexual abuse
25    or a subsequent conviction for criminal sexual abuse, or
26    forcible detention, or arson, or a prisoner adjudged a

 

 

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1    Habitual Criminal shall not be eligible for selection to
2    participate in such program. The prisoners shall remain as
3    prisoners in the custody of the Department of Corrections
4    and such Department shall furnish whatever security is
5    necessary. The Department of Transportation shall furnish
6    trucks and equipment for the highway cleanup program and
7    personnel to supervise and direct the program. Neither the
8    Department of Corrections nor the Department of
9    Transportation shall replace any regular employee with a
10    prisoner.
11        (g) To maintain records of persons committed to it and
12    to establish programs of research, statistics and
13    planning.
14        (h) To investigate the grievances of any person
15    committed to the Department, to inquire into any alleged
16    misconduct by employees or committed persons, and to
17    investigate the assets of committed persons to implement
18    Section 3-7-6 of this Code; and for these purposes it may
19    issue subpoenas and compel the attendance of witnesses and
20    the production of writings and papers, and may examine
21    under oath any witnesses who may appear before it; to also
22    investigate alleged violations of a parolee's or
23    releasee's conditions of parole or release; and for this
24    purpose it may issue subpoenas and compel the attendance of
25    witnesses and the production of documents only if there is
26    reason to believe that such procedures would provide

 

 

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1    evidence that such violations have occurred.
2        If any person fails to obey a subpoena issued under
3    this subsection, the Director may apply to any circuit
4    court to secure compliance with the subpoena. The failure
5    to comply with the order of the court issued in response
6    thereto shall be punishable as contempt of court.
7        (i) To appoint and remove the chief administrative
8    officers, and administer programs of training and
9    development of personnel of the Department. Personnel
10    assigned by the Department to be responsible for the
11    custody and control of committed persons or to investigate
12    the alleged misconduct of committed persons or employees or
13    alleged violations of a parolee's or releasee's conditions
14    of parole shall be conservators of the peace for those
15    purposes, and shall have the full power of peace officers
16    outside of the facilities of the Department in the
17    protection, arrest, retaking and reconfining of committed
18    persons or where the exercise of such power is necessary to
19    the investigation of such misconduct or violations. This
20    subsection shall not apply to persons committed to the
21    Department of Juvenile Justice under the Juvenile Court Act
22    of 1987 on aftercare release.
23        (j) To cooperate with other departments and agencies
24    and with local communities for the development of standards
25    and programs for better correctional services in this
26    State.

 

 

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1        (k) To administer all moneys and properties of the
2    Department.
3        (l) To report annually to the Governor on the committed
4    persons, institutions and programs of the Department.
5        (l-5) (Blank).
6        (m) To make all rules and regulations and exercise all
7    powers and duties vested by law in the Department.
8        (n) To establish rules and regulations for
9    administering a system of sentence credits, established in
10    accordance with Section 3-6-3, subject to review by the
11    Prisoner Review Board.
12        (o) To administer the distribution of funds from the
13    State Treasury to reimburse counties where State penal
14    institutions are located for the payment of assistant
15    state's attorneys' salaries under Section 4-2001 of the
16    Counties Code.
17        (p) To exchange information with the Department of
18    Human Services and the Department of Healthcare and Family
19    Services for the purpose of verifying living arrangements
20    and for other purposes directly connected with the
21    administration of this Code and the Illinois Public Aid
22    Code.
23        (q) To establish a diversion program.
24        The program shall provide a structured environment for
25    selected technical parole or mandatory supervised release
26    violators and committed persons who have violated the rules

 

 

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1    governing their conduct while in work release. This program
2    shall not apply to those persons who have committed a new
3    offense while serving on parole or mandatory supervised
4    release or while committed to work release.
5        Elements of the program shall include, but shall not be
6    limited to, the following:
7            (1) The staff of a diversion facility shall provide
8        supervision in accordance with required objectives set
9        by the facility.
10            (2) Participants shall be required to maintain
11        employment.
12            (3) Each participant shall pay for room and board
13        at the facility on a sliding-scale basis according to
14        the participant's income.
15            (4) Each participant shall:
16                (A) provide restitution to victims in
17            accordance with any court order;
18                (B) provide financial support to his
19            dependents; and
20                (C) make appropriate payments toward any other
21            court-ordered obligations.
22            (5) Each participant shall complete community
23        service in addition to employment.
24            (6) Participants shall take part in such
25        counseling, educational and other programs as the
26        Department may deem appropriate.

 

 

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1            (7) Participants shall submit to drug and alcohol
2        screening.
3            (8) The Department shall promulgate rules
4        governing the administration of the program.
5        (r) To enter into intergovernmental cooperation
6    agreements under which persons in the custody of the
7    Department may participate in a county impact
8    incarceration program established under Section 3-6038 or
9    3-15003.5 of the Counties Code.
10        (r-5) (Blank).
11        (r-10) To systematically and routinely identify with
12    respect to each streetgang active within the correctional
13    system: (1) each active gang; (2) every existing inter-gang
14    affiliation or alliance; and (3) the current leaders in
15    each gang. The Department shall promptly segregate leaders
16    from inmates who belong to their gangs and allied gangs.
17    "Segregate" means no physical contact and, to the extent
18    possible under the conditions and space available at the
19    correctional facility, prohibition of visual and sound
20    communication. For the purposes of this paragraph (r-10),
21    "leaders" means persons who:
22            (i) are members of a criminal streetgang;
23            (ii) with respect to other individuals within the
24        streetgang, occupy a position of organizer,
25        supervisor, or other position of management or
26        leadership; and

 

 

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1            (iii) are actively and personally engaged in
2        directing, ordering, authorizing, or requesting
3        commission of criminal acts by others, which are
4        punishable as a felony, in furtherance of streetgang
5        related activity both within and outside of the
6        Department of Corrections.
7    "Streetgang", "gang", and "streetgang related" have the
8    meanings ascribed to them in Section 10 of the Illinois
9    Streetgang Terrorism Omnibus Prevention Act.
10        (s) To operate a super-maximum security institution,
11    in order to manage and supervise inmates who are disruptive
12    or dangerous and provide for the safety and security of the
13    staff and the other inmates.
14        (t) To monitor any unprivileged conversation or any
15    unprivileged communication, whether in person or by mail,
16    telephone, or other means, between an inmate who, before
17    commitment to the Department, was a member of an organized
18    gang and any other person without the need to show cause or
19    satisfy any other requirement of law before beginning the
20    monitoring, except as constitutionally required. The
21    monitoring may be by video, voice, or other method of
22    recording or by any other means. As used in this
23    subdivision (1)(t), "organized gang" has the meaning
24    ascribed to it in Section 10 of the Illinois Streetgang
25    Terrorism Omnibus Prevention Act.
26        As used in this subdivision (1)(t), "unprivileged

 

 

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1    conversation" or "unprivileged communication" means a
2    conversation or communication that is not protected by any
3    privilege recognized by law or by decision, rule, or order
4    of the Illinois Supreme Court.
5        (u) To establish a Women's and Children's Pre-release
6    Community Supervision Program for the purpose of providing
7    housing and services to eligible female inmates, as
8    determined by the Department, and their newborn and young
9    children.
10        (u-5) To issue an order, whenever a person committed to
11    the Department absconds or absents himself or herself,
12    without authority to do so, from any facility or program to
13    which he or she is assigned. The order shall be certified
14    by the Director, the Supervisor of the Apprehension Unit,
15    or any person duly designated by the Director, with the
16    seal of the Department affixed. The order shall be directed
17    to all sheriffs, coroners, and police officers, or to any
18    particular person named in the order. Any order issued
19    pursuant to this subdivision (1) (u-5) shall be sufficient
20    warrant for the officer or person named in the order to
21    arrest and deliver the committed person to the proper
22    correctional officials and shall be executed the same as
23    criminal process.
24        (v) To do all other acts necessary to carry out the
25    provisions of this Chapter.
26    (2) The Department of Corrections shall by January 1, 1998,

 

 

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1consider building and operating a correctional facility within
2100 miles of a county of over 2,000,000 inhabitants, especially
3a facility designed to house juvenile participants in the
4impact incarceration program.
5    (3) When the Department lets bids for contracts for medical
6services to be provided to persons committed to Department
7facilities by a health maintenance organization, medical
8service corporation, or other health care provider, the bid may
9only be let to a health care provider that has obtained an
10irrevocable letter of credit or performance bond issued by a
11company whose bonds have an investment grade or higher rating
12by a bond rating organization.
13    (4) When the Department lets bids for contracts for food or
14commissary services to be provided to Department facilities,
15the bid may only be let to a food or commissary services
16provider that has obtained an irrevocable letter of credit or
17performance bond issued by a company whose bonds have an
18investment grade or higher rating by a bond rating
19organization.
20    (5) On and after the date 6 months after August 16, 2013
21(the effective date of Public Act 98-488), as provided in the
22Executive Order 1 (2012) Implementation Act, all of the powers,
23duties, rights, and responsibilities related to State
24healthcare purchasing under this Code that were transferred
25from the Department of Corrections to the Department of
26Healthcare and Family Services by Executive Order 3 (2005) are

 

 

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1transferred back to the Department of Corrections; however,
2powers, duties, rights, and responsibilities related to State
3healthcare purchasing under this Code that were exercised by
4the Department of Corrections before the effective date of
5Executive Order 3 (2005) but that pertain to individuals
6resident in facilities operated by the Department of Juvenile
7Justice are transferred to the Department of Juvenile Justice.
8(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
9    (Text of Section after amendment by P.A. 101-235)
10    Sec. 3-2-2. Powers and duties of the Department.
11    (1) In addition to the powers, duties, and responsibilities
12which are otherwise provided by law, the Department shall have
13the following powers:
14        (a) To accept persons committed to it by the courts of
15    this State for care, custody, treatment and
16    rehabilitation, and to accept federal prisoners and aliens
17    over whom the Office of the Federal Detention Trustee is
18    authorized to exercise the federal detention function for
19    limited purposes and periods of time.
20        (b) To develop and maintain reception and evaluation
21    units for purposes of analyzing the custody and
22    rehabilitation needs of persons committed to it and to
23    assign such persons to institutions and programs under its
24    control or transfer them to other appropriate agencies. The
25    Department must assign a committed person to an institution

 

 

HB4645- 15 -LRB101 15298 RLC 64475 b

1    or facility that houses committed persons of his or her
2    biological sex, regardless of the gender with which the
3    committed person identifies. In consultation with the
4    Department of Alcoholism and Substance Abuse (now the
5    Department of Human Services), the Department of
6    Corrections shall develop a master plan for the screening
7    and evaluation of persons committed to its custody who have
8    alcohol or drug abuse problems, and for making appropriate
9    treatment available to such persons; the Department shall
10    report to the General Assembly on such plan not later than
11    April 1, 1987. The maintenance and implementation of such
12    plan shall be contingent upon the availability of funds.
13        (b-1) To create and implement, on January 1, 2002, a
14    pilot program to establish the effectiveness of
15    pupillometer technology (the measurement of the pupil's
16    reaction to light) as an alternative to a urine test for
17    purposes of screening and evaluating persons committed to
18    its custody who have alcohol or drug problems. The pilot
19    program shall require the pupillometer technology to be
20    used in at least one Department of Corrections facility.
21    The Director may expand the pilot program to include an
22    additional facility or facilities as he or she deems
23    appropriate. A minimum of 4,000 tests shall be included in
24    the pilot program. The Department must report to the
25    General Assembly on the effectiveness of the program by
26    January 1, 2003.

 

 

HB4645- 16 -LRB101 15298 RLC 64475 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

 

 

HB4645- 17 -LRB101 15298 RLC 64475 b

1    retire any revenue bonds used to finance the project, but
2    not to exceed 40 years. The lease may grant to the State
3    the option to purchase the structure outright.
4        Upon receipt of the bids, the Department may certify
5    one or more of the bids and shall submit any such bids to
6    the General Assembly for approval. Upon approval of a bid
7    by a constitutional majority of both houses of the General
8    Assembly, pursuant to joint resolution, the Department of
9    Central Management Services may enter into an agreement
10    with the county or municipality pursuant to such bid.
11        (c-5) To build and maintain regional juvenile
12    detention centers and to charge a per diem to the counties
13    as established by the Department to defray the costs of
14    housing each minor in a center. In this subsection (c-5),
15    "juvenile detention center" means a facility to house
16    minors during pendency of trial who have been transferred
17    from proceedings under the Juvenile Court Act of 1987 to
18    prosecutions under the criminal laws of this State in
19    accordance with Section 5-805 of the Juvenile Court Act of
20    1987, whether the transfer was by operation of law or
21    permissive under that Section. The Department shall
22    designate the counties to be served by each regional
23    juvenile detention center.
24        (d) To develop and maintain programs of control,
25    rehabilitation and employment of committed persons within
26    its institutions.

 

 

HB4645- 18 -LRB101 15298 RLC 64475 b

1        (d-5) To provide a pre-release job preparation program
2    for inmates at Illinois adult correctional centers.
3        (d-10) To provide educational and visitation
4    opportunities to committed persons within its institutions
5    through temporary access to content-controlled tablets
6    that may be provided as a privilege to committed persons to
7    induce or reward compliance.
8        (e) To establish a system of supervision and guidance
9    of committed persons in the community.
10        (f) To establish in cooperation with the Department of
11    Transportation to supply a sufficient number of prisoners
12    for use by the Department of Transportation to clean up the
13    trash and garbage along State, county, township, or
14    municipal highways as designated by the Department of
15    Transportation. The Department of Corrections, at the
16    request of the Department of Transportation, shall furnish
17    such prisoners at least annually for a period to be agreed
18    upon between the Director of Corrections and the Secretary
19    of Transportation. The prisoners used on this program shall
20    be selected by the Director of Corrections on whatever
21    basis he deems proper in consideration of their term,
22    behavior and earned eligibility to participate in such
23    program - where they will be outside of the prison facility
24    but still in the custody of the Department of Corrections.
25    Prisoners convicted of first degree murder, or a Class X
26    felony, or armed violence, or aggravated kidnapping, or

 

 

HB4645- 19 -LRB101 15298 RLC 64475 b

1    criminal sexual assault, aggravated criminal sexual abuse
2    or a subsequent conviction for criminal sexual abuse, or
3    forcible detention, or arson, or a prisoner adjudged a
4    Habitual Criminal shall not be eligible for selection to
5    participate in such program. The prisoners shall remain as
6    prisoners in the custody of the Department of Corrections
7    and such Department shall furnish whatever security is
8    necessary. The Department of Transportation shall furnish
9    trucks and equipment for the highway cleanup program and
10    personnel to supervise and direct the program. Neither the
11    Department of Corrections nor the Department of
12    Transportation shall replace any regular employee with a
13    prisoner.
14        (g) To maintain records of persons committed to it and
15    to establish programs of research, statistics and
16    planning.
17        (h) To investigate the grievances of any person
18    committed to the Department and to inquire into any alleged
19    misconduct by employees or committed persons; and for these
20    purposes it may issue subpoenas and compel the attendance
21    of witnesses and the production of writings and papers, and
22    may examine under oath any witnesses who may appear before
23    it; to also investigate alleged violations of a parolee's
24    or releasee's conditions of parole or release; and for this
25    purpose it may issue subpoenas and compel the attendance of
26    witnesses and the production of documents only if there is

 

 

HB4645- 20 -LRB101 15298 RLC 64475 b

1    reason to believe that such procedures would provide
2    evidence that such violations have occurred.
3        If any person fails to obey a subpoena issued under
4    this subsection, the Director may apply to any circuit
5    court to secure compliance with the subpoena. The failure
6    to comply with the order of the court issued in response
7    thereto shall be punishable as contempt of court.
8        (i) To appoint and remove the chief administrative
9    officers, and administer programs of training and
10    development of personnel of the Department. Personnel
11    assigned by the Department to be responsible for the
12    custody and control of committed persons or to investigate
13    the alleged misconduct of committed persons or employees or
14    alleged violations of a parolee's or releasee's conditions
15    of parole shall be conservators of the peace for those
16    purposes, and shall have the full power of peace officers
17    outside of the facilities of the Department in the
18    protection, arrest, retaking and reconfining of committed
19    persons or where the exercise of such power is necessary to
20    the investigation of such misconduct or violations. This
21    subsection shall not apply to persons committed to the
22    Department of Juvenile Justice under the Juvenile Court Act
23    of 1987 on aftercare release.
24        (j) To cooperate with other departments and agencies
25    and with local communities for the development of standards
26    and programs for better correctional services in this

 

 

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1    State.
2        (k) To administer all moneys and properties of the
3    Department.
4        (l) To report annually to the Governor on the committed
5    persons, institutions and programs of the Department.
6        (l-5) (Blank).
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 sentence credits, established in
11    accordance with Section 3-6-3, subject to review by the
12    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 Department of Healthcare and Family
20    Services for the purpose of verifying living arrangements
21    and for other purposes directly connected with the
22    administration of this Code and the Illinois Public Aid
23    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

 

 

HB4645- 22 -LRB101 15298 RLC 64475 b

1    violators and committed persons who have violated the rules
2    governing their conduct while in work release. This program
3    shall not apply to those persons who have committed a new
4    offense while serving on parole or mandatory supervised
5    release or while committed to work release.
6        Elements of the program shall include, but shall not be
7    limited to, the following:
8            (1) The staff of a diversion facility shall provide
9        supervision in accordance with required objectives set
10        by the facility.
11            (2) Participants shall be required to maintain
12        employment.
13            (3) Each participant shall pay for room and board
14        at the facility on a sliding-scale basis according to
15        the participant's income.
16            (4) Each participant shall:
17                (A) provide restitution to victims in
18            accordance with any court order;
19                (B) provide financial support to his
20            dependents; and
21                (C) make appropriate payments toward any other
22            court-ordered obligations.
23            (5) Each participant shall complete community
24        service in addition to employment.
25            (6) Participants shall take part in such
26        counseling, educational and other programs as the

 

 

HB4645- 23 -LRB101 15298 RLC 64475 b

1        Department may deem appropriate.
2            (7) Participants shall submit to drug and alcohol
3        screening.
4            (8) The Department shall promulgate rules
5        governing the administration of the program.
6        (r) To enter into intergovernmental cooperation
7    agreements under which persons in the custody of the
8    Department may participate in a county impact
9    incarceration program established under Section 3-6038 or
10    3-15003.5 of the Counties Code.
11        (r-5) (Blank).
12        (r-10) To systematically and routinely identify with
13    respect to each streetgang active within the correctional
14    system: (1) each active gang; (2) every existing inter-gang
15    affiliation or alliance; and (3) the current leaders in
16    each gang. The Department shall promptly segregate leaders
17    from inmates who belong to their gangs and allied gangs.
18    "Segregate" means no physical contact and, to the extent
19    possible under the conditions and space available at the
20    correctional facility, prohibition of visual and sound
21    communication. For the purposes of this paragraph (r-10),
22    "leaders" means persons who:
23            (i) are members of a criminal streetgang;
24            (ii) with respect to other individuals within the
25        streetgang, occupy a position of organizer,
26        supervisor, or other position of management or

 

 

HB4645- 24 -LRB101 15298 RLC 64475 b

1        leadership; and
2            (iii) are actively and personally engaged in
3        directing, ordering, authorizing, or requesting
4        commission of criminal acts by others, which are
5        punishable as a felony, in furtherance of streetgang
6        related activity both within and outside of the
7        Department of Corrections.
8    "Streetgang", "gang", and "streetgang related" have the
9    meanings ascribed to them in Section 10 of the Illinois
10    Streetgang Terrorism Omnibus Prevention Act.
11        (s) To operate a super-maximum security institution,
12    in order to manage and supervise inmates who are disruptive
13    or dangerous and provide for the safety and security of the
14    staff and the other inmates.
15        (t) To monitor any unprivileged conversation or any
16    unprivileged communication, whether in person or by mail,
17    telephone, or other means, between an inmate who, before
18    commitment to the Department, was a member of an organized
19    gang and any other person without the need to show cause or
20    satisfy any other requirement of law before beginning the
21    monitoring, except as constitutionally required. The
22    monitoring may be by video, voice, or other method of
23    recording or by any other means. As used in this
24    subdivision (1)(t), "organized gang" has the meaning
25    ascribed to it in Section 10 of the Illinois Streetgang
26    Terrorism Omnibus Prevention Act.

 

 

HB4645- 25 -LRB101 15298 RLC 64475 b

1        As used in this subdivision (1)(t), "unprivileged
2    conversation" or "unprivileged communication" means a
3    conversation or communication that is not protected by any
4    privilege recognized by law or by decision, rule, or order
5    of the Illinois Supreme Court.
6        (u) To establish a Women's and Children's Pre-release
7    Community Supervision Program for the purpose of providing
8    housing and services to eligible female inmates, as
9    determined by the Department, and their newborn and young
10    children.
11        (u-5) To issue an order, whenever a person committed to
12    the Department absconds or absents himself or herself,
13    without authority to do so, from any facility or program to
14    which he or she is assigned. The order shall be certified
15    by the Director, the Supervisor of the Apprehension Unit,
16    or any person duly designated by the Director, with the
17    seal of the Department affixed. The order shall be directed
18    to all sheriffs, coroners, and police officers, or to any
19    particular person named in the order. Any order issued
20    pursuant to this subdivision (1) (u-5) shall be sufficient
21    warrant for the officer or person named in the order to
22    arrest and deliver the committed person to the proper
23    correctional officials and shall be executed the same as
24    criminal process.
25        (v) To do all other acts necessary to carry out the
26    provisions of this Chapter.

 

 

HB4645- 26 -LRB101 15298 RLC 64475 b

1    (2) The Department of Corrections shall by January 1, 1998,
2consider building and operating a correctional facility within
3100 miles of a county of over 2,000,000 inhabitants, especially
4a facility designed to house juvenile participants in the
5impact incarceration program.
6    (3) When the Department lets bids for contracts for medical
7services to be provided to persons committed to Department
8facilities by a health maintenance organization, medical
9service corporation, or other health care provider, the bid may
10only be let to a health care provider that has obtained an
11irrevocable letter of credit or performance bond issued by a
12company whose bonds have an investment grade or higher rating
13by a bond rating organization.
14    (4) When the Department lets bids for contracts for food or
15commissary services to be provided to Department facilities,
16the bid may only be let to a food or commissary services
17provider that has obtained an irrevocable letter of credit or
18performance bond issued by a company whose bonds have an
19investment grade or higher rating by a bond rating
20organization.
21    (5) On and after the date 6 months after August 16, 2013
22(the effective date of Public Act 98-488), as provided in the
23Executive Order 1 (2012) Implementation Act, all of the powers,
24duties, rights, and responsibilities related to State
25healthcare purchasing under this Code that were transferred
26from the Department of Corrections to the Department of

 

 

HB4645- 27 -LRB101 15298 RLC 64475 b

1Healthcare and Family Services by Executive Order 3 (2005) are
2transferred back to the Department of Corrections; however,
3powers, duties, rights, and responsibilities related to State
4healthcare purchasing under this Code that were exercised by
5the Department of Corrections before the effective date of
6Executive Order 3 (2005) but that pertain to individuals
7resident in facilities operated by the Department of Juvenile
8Justice are transferred to the Department of Juvenile Justice.
9(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
10101-235, eff. 1-1-20.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.