103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1033

 

Introduced 1/12/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/31A-0.1
730 ILCS 5/3-6-2  from Ch. 38, par. 1003-6-2

    Amends the Criminal Code of 2012. In the Interference with Penal Institution Article of the Code, exempts from the definition of "electronic contraband" electronic, video recording devices, computers, and computer peripheral equipment used in online educational courses approved by the Director of Corrections or the chief administrative officer of the penal institution. Defines "Internet" and "online". Amends the Unified Code of Corrections. Provides that the educational programs for all committed persons provided by the Department of Corrections include educational courses taught or provided online.


LRB103 04853 RLC 49863 b

 

 

A BILL FOR

 

HB1033LRB103 04853 RLC 49863 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 Criminal Code of 2012 is amended by
5changing Section 31A-0.1 as follows:
 
6    (720 ILCS 5/31A-0.1)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 31A-0.1. Definitions. For the purposes of this
9Article:
10    "Deliver" or "delivery" means the actual, constructive or
11attempted transfer of possession of an item of contraband,
12with or without consideration, whether or not there is an
13agency relationship.
14    "Employee" means any elected or appointed officer, trustee
15or employee of a penal institution or of the governing
16authority of the penal institution, or any person who performs
17services for the penal institution pursuant to contract with
18the penal institution or its governing authority.
19    "Item of contraband" means any of the following:
20        (i) "Alcoholic liquor" as that term is defined in
21    Section 1-3.05 of the Liquor Control Act of 1934.
22        (ii) "Cannabis" as that term is defined in subsection
23    (a) of Section 3 of the Cannabis Control Act.

 

 

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1        (iii) "Controlled substance" as that term is defined
2    in the Illinois Controlled Substances Act.
3        (iii-a) "Methamphetamine" as that term is defined in
4    the Illinois Controlled Substances Act or the
5    Methamphetamine Control and Community Protection Act.
6        (iv) "Hypodermic syringe" or hypodermic needle, or any
7    instrument adapted for use of controlled substances or
8    cannabis by subcutaneous injection.
9        (v) "Weapon" means any knife, dagger, dirk, billy,
10    razor, stiletto, broken bottle, or other piece of glass
11    which could be used as a dangerous weapon. This term
12    includes any of the devices or implements designated in
13    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
14    this Code, or any other dangerous weapon or instrument of
15    like character.
16        (vi) "Firearm" means any device, by whatever name
17    known, which is designed to expel a projectile or
18    projectiles by the action of an explosion, expansion of
19    gas or escape of gas, including but not limited to:
20            (A) any pneumatic gun, spring gun, or B-B gun
21        which expels a single globular projectile not
22        exceeding .18 inch in diameter; or
23            (B) any device used exclusively for signaling or
24        safety and required as recommended by the United
25        States Coast Guard or the Interstate Commerce
26        Commission; or

 

 

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1            (C) any device used exclusively for the firing of
2        stud cartridges, explosive rivets or industrial
3        ammunition; or
4            (D) any device which is powered by electrical
5        charging units, such as batteries, and which fires one
6        or several barbs attached to a length of wire and
7        which, upon hitting a human, can send out current
8        capable of disrupting the person's nervous system in
9        such a manner as to render him or her incapable of
10        normal functioning, commonly referred to as a stun gun
11        or taser.
12        (vii) "Firearm ammunition" means any self-contained
13    cartridge or shotgun shell, by whatever name known, which
14    is designed to be used or adaptable to use in a firearm,
15    including but not limited to:
16            (A) any ammunition exclusively designed for use
17        with a device used exclusively for signaling or safety
18        and required or recommended by the United States Coast
19        Guard or the Interstate Commerce Commission; or
20            (B) any ammunition designed exclusively for use
21        with a stud or rivet driver or other similar
22        industrial ammunition.
23        (viii) "Explosive" means, but is not limited to, bomb,
24    bombshell, grenade, bottle or other container containing
25    an explosive substance of over one-quarter ounce for like
26    purposes such as black powder bombs and Molotov cocktails

 

 

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1    or artillery projectiles.
2        (ix) "Tool to defeat security mechanisms" means, but
3    is not limited to, handcuff or security restraint key,
4    tool designed to pick locks, popper, or any device or
5    instrument used to or capable of unlocking or preventing
6    from locking any handcuff or security restraints, doors to
7    cells, rooms, gates or other areas of the penal
8    institution.
9        (x) "Cutting tool" means, but is not limited to,
10    hacksaw blade, wirecutter, or device, instrument or file
11    capable of cutting through metal.
12        (xi) "Electronic contraband" for the purposes of
13    Section 31A-1.1 of this Article means, but is not limited
14    to, any electronic, video recording device, computer, or
15    cellular communications equipment, including, but not
16    limited to, cellular telephones, cellular telephone
17    batteries, videotape recorders, pagers, computers, and
18    computer peripheral equipment brought into or possessed in
19    a penal institution without the written authorization of
20    the Chief Administrative Officer. "Electronic contraband"
21    for the purposes of Section 31A-1.2 of this Article,
22    means, but is not limited to, any electronic, video
23    recording device, computer, or cellular communications
24    equipment, including, but not limited to, cellular
25    telephones, cellular telephone batteries, videotape
26    recorders, pagers, computers, and computer peripheral

 

 

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1    equipment.
2    "Penal institution" means any penitentiary, State farm,
3reformatory, prison, jail, house of correction, police
4detention area, half-way house or other institution or place
5for the incarceration or custody of persons under sentence for
6offenses awaiting trial or sentence for offenses, under arrest
7for an offense, a violation of probation, a violation of
8parole, a violation of aftercare release, or a violation of
9mandatory supervised release, or awaiting a bail setting
10hearing or preliminary hearing; provided that where the place
11for incarceration or custody is housed within another public
12building this Article shall not apply to that part of the
13building unrelated to the incarceration or custody of persons.
14(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
15    (Text of Section after amendment by P.A. 101-652)
16    Sec. 31A-0.1. Definitions. For the purposes of this
17Article:
18    "Deliver" or "delivery" means the actual, constructive or
19attempted transfer of possession of an item of contraband,
20with or without consideration, whether or not there is an
21agency relationship.
22    "Employee" means any elected or appointed officer, trustee
23or employee of a penal institution or of the governing
24authority of the penal institution, or any person who performs
25services for the penal institution pursuant to contract with

 

 

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1the penal institution or its governing authority.
2    "Item of contraband" means any of the following:
3        (i) "Alcoholic liquor" as that term is defined in
4    Section 1-3.05 of the Liquor Control Act of 1934.
5        (ii) "Cannabis" as that term is defined in subsection
6    (a) of Section 3 of the Cannabis Control Act.
7        (iii) "Controlled substance" as that term is defined
8    in the Illinois Controlled Substances Act.
9        (iii-a) "Methamphetamine" as that term is defined in
10    the Illinois Controlled Substances Act or the
11    Methamphetamine Control and Community Protection Act.
12        (iv) "Hypodermic syringe" or hypodermic needle, or any
13    instrument adapted for use of controlled substances or
14    cannabis by subcutaneous injection.
15        (v) "Weapon" means any knife, dagger, dirk, billy,
16    razor, stiletto, broken bottle, or other piece of glass
17    which could be used as a dangerous weapon. This term
18    includes any of the devices or implements designated in
19    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
20    this Code, or any other dangerous weapon or instrument of
21    like character.
22        (vi) "Firearm" means any device, by whatever name
23    known, which is designed to expel a projectile or
24    projectiles by the action of an explosion, expansion of
25    gas or escape of gas, including but not limited to:
26            (A) any pneumatic gun, spring gun, or B-B gun

 

 

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1        which expels a single globular projectile not
2        exceeding .18 inch in diameter; or
3            (B) any device used exclusively for signaling or
4        safety and required as recommended by the United
5        States Coast Guard or the Interstate Commerce
6        Commission; or
7            (C) any device used exclusively for the firing of
8        stud cartridges, explosive rivets or industrial
9        ammunition; or
10            (D) any device which is powered by electrical
11        charging units, such as batteries, and which fires one
12        or several barbs attached to a length of wire and
13        which, upon hitting a human, can send out current
14        capable of disrupting the person's nervous system in
15        such a manner as to render him or her incapable of
16        normal functioning, commonly referred to as a stun gun
17        or taser.
18        (vii) "Firearm ammunition" means any self-contained
19    cartridge or shotgun shell, by whatever name known, which
20    is designed to be used or adaptable to use in a firearm,
21    including but not limited to:
22            (A) any ammunition exclusively designed for use
23        with a device used exclusively for signaling or safety
24        and required or recommended by the United States Coast
25        Guard or the Interstate Commerce Commission; or
26            (B) any ammunition designed exclusively for use

 

 

HB1033- 8 -LRB103 04853 RLC 49863 b

1        with a stud or rivet driver or other similar
2        industrial ammunition.
3        (viii) "Explosive" means, but is not limited to, bomb,
4    bombshell, grenade, bottle or other container containing
5    an explosive substance of over one-quarter ounce for like
6    purposes such as black powder bombs and Molotov cocktails
7    or artillery projectiles.
8        (ix) "Tool to defeat security mechanisms" means, but
9    is not limited to, handcuff or security restraint key,
10    tool designed to pick locks, popper, or any device or
11    instrument used to or capable of unlocking or preventing
12    from locking any handcuff or security restraints, doors to
13    cells, rooms, gates or other areas of the penal
14    institution.
15        (x) "Cutting tool" means, but is not limited to,
16    hacksaw blade, wirecutter, or device, instrument or file
17    capable of cutting through metal.
18        (xi) "Electronic contraband" for the purposes of
19    Section 31A-1.1 of this Article means, but is not limited
20    to, any electronic, video recording device, computer, or
21    cellular communications equipment, including, but not
22    limited to, cellular telephones, cellular telephone
23    batteries, videotape recorders, pagers, computers, and
24    computer peripheral equipment brought into or possessed in
25    a penal institution without the written authorization of
26    the Chief Administrative Officer. "Electronic contraband"

 

 

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1    for the purposes of Section 31A-1.2 of this Article,
2    means, but is not limited to, any electronic, video
3    recording device, computer, or cellular communications
4    equipment, including, but not limited to, cellular
5    telephones, cellular telephone batteries, videotape
6    recorders, pagers, computers, and computer peripheral
7    equipment. "Electronic contraband" does not include
8    electronic, video recording devices, computers, and
9    computer peripheral equipment used in online educational
10    courses approved by the Director of Corrections or the
11    chief administrative officer of the penal institution. In
12    this definition, "Internet" means an interactive computer
13    service or system or an information service, system, or
14    access software provider that provides or enables computer
15    access by multiple users to a computer server; and
16    "online" means the use of any electronic device to access
17    the Internet.
18    "Penal institution" means any penitentiary, State farm,
19reformatory, prison, jail, house of correction, police
20detention area, half-way house or other institution or place
21for the incarceration or custody of persons under sentence for
22offenses awaiting trial or sentence for offenses, under arrest
23for an offense, a violation of probation, a violation of
24parole, a violation of aftercare release, or a violation of
25mandatory supervised release, or awaiting a hearing on the
26setting of conditions of pretrial release or preliminary

 

 

HB1033- 10 -LRB103 04853 RLC 49863 b

1hearing; provided that where the place for incarceration or
2custody is housed within another public building this Article
3shall not apply to that part of the building unrelated to the
4incarceration or custody of persons.
5(Source: P.A. 101-652, eff. 1-1-23.)
 
6    Section 10. The Unified Code of Corrections is amended by
7changing Section 3-6-2 as follows:
 
8    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
9    Sec. 3-6-2. Institutions and facility administration.
10    (a) Each institution and facility of the Department shall
11be administered by a chief administrative officer appointed by
12the Director. A chief administrative officer shall be
13responsible for all persons assigned to the institution or
14facility. The chief administrative officer shall administer
15the programs of the Department for the custody and treatment
16of such persons.
17    (b) The chief administrative officer shall have such
18assistants as the Department may assign.
19    (c) The Director or Assistant Director shall have the
20emergency powers to temporarily transfer individuals without
21formal procedures to any State, county, municipal or regional
22correctional or detention institution or facility in the
23State, subject to the acceptance of such receiving institution
24or facility, or to designate any reasonably secure place in

 

 

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1the State as such an institution or facility and to make
2transfers thereto. However, transfers made under emergency
3powers shall be reviewed as soon as practicable under Article
48, and shall be subject to Section 5-905 of the Juvenile Court
5Act of 1987. This Section shall not apply to transfers to the
6Department of Human Services which are provided for under
7Section 3-8-5 or Section 3-10-5.
8    (d) The Department of Juvenile Justice shall provide
9educational programs for all committed youth, including
10educational courses taught or provided online as defined in
11Section 31A-0.1 of the Criminal Code of 2012,so that all youth
12have an opportunity to attain the achievement level equivalent
13to the completion of the twelfth grade in the public school
14system in this State. Other higher levels of attainment shall
15be encouraged and professional instruction shall be maintained
16wherever possible. The Department may establish programs of
17mandatory education and may establish rules and regulations
18for the administration of such programs. A person committed to
19the Department of Corrections who, during the period of his or
20her incarceration, participates in an educational program
21provided by or through the Department of Corrections and
22through that program is awarded or earns the number of hours of
23credit required for the award of an associate, baccalaureate,
24or higher degree from a community college, college, or
25university located in Illinois shall reimburse the State,
26through the Department of Corrections, for the costs incurred

 

 

HB1033- 12 -LRB103 04853 RLC 49863 b

1by the State in providing that person during his or her
2incarceration with the education that qualifies him or her for
3the award of that degree. The costs for which reimbursement is
4required under this subsection shall be determined and
5computed by the Department of Corrections under rules and
6regulations that it shall establish for that purpose. However,
7interest at the rate of 6% per annum shall be charged on the
8balance of those costs from time to time remaining unpaid,
9from the date of the person's parole, mandatory supervised
10release, or release constituting a final termination of his or
11her commitment to the Department of Corrections until paid.
12    (d-5) A person committed to the Department is entitled to
13confidential testing for infection with human immunodeficiency
14virus (HIV) and to counseling in connection with such testing,
15with no copay to the committed person. A person committed to
16the Department who has tested positive for infection with HIV
17is entitled to medical care while incarcerated, counseling,
18and referrals to support services, in connection with that
19positive test result. Implementation of this subsection (d-5)
20is subject to appropriation.
21    (e) A person committed to the Department who becomes in
22need of medical or surgical treatment but is incapable of
23giving consent thereto shall receive such medical or surgical
24treatment by the chief administrative officer consenting on
25the person's behalf. Before the chief administrative officer
26consents, he or she shall obtain the advice of one or more

 

 

HB1033- 13 -LRB103 04853 RLC 49863 b

1physicians licensed to practice medicine in all its branches
2in this State. If such physician or physicians advise:
3        (1) that immediate medical or surgical treatment is
4    required relative to a condition threatening to cause
5    death, damage or impairment to bodily functions, or
6    disfigurement; and
7        (2) that the person is not capable of giving consent
8    to such treatment; the chief administrative officer may
9    give consent for such medical or surgical treatment, and
10    such consent shall be deemed to be the consent of the
11    person for all purposes, including, but not limited to,
12    the authority of a physician to give such treatment.
13    (e-5) If a physician providing medical care to a committed
14person on behalf of the Department advises the chief
15administrative officer that the committed person's mental or
16physical health has deteriorated as a result of the cessation
17of ingestion of food or liquid to the point where medical or
18surgical treatment is required to prevent death, damage, or
19impairment to bodily functions, the chief administrative
20officer may authorize such medical or surgical treatment.
21    (f) In the event that the person requires medical care and
22treatment at a place other than the institution or facility,
23the person may be removed therefrom under conditions
24prescribed by the Department. Neither the Department of
25Corrections nor the Department of Juvenile Justice may require
26a committed person or person committed to any facility

 

 

HB1033- 14 -LRB103 04853 RLC 49863 b

1operated by the Department of Juvenile Justice, as set forth
2in Section 3-2.5-15 of this Code, to pay any co-payment for
3receiving medical or dental services.
4    (f-5) The Department shall comply with the Health Care
5Violence Prevention Act.
6    (g) Any person having sole custody of a child at the time
7of commitment or any woman giving birth to a child after her
8commitment, may arrange through the Department of Children and
9Family Services for suitable placement of the child outside of
10the Department of Corrections. The Director of the Department
11of Corrections may determine that there are special reasons
12why the child should continue in the custody of the mother
13until the child is 6 years old.
14    (h) The Department may provide Family Responsibility
15Services which may consist of, but not be limited to the
16following:
17        (1) family advocacy counseling;
18        (2) parent self-help group;
19        (3) parenting skills training;
20        (4) parent and child overnight program;
21        (5) parent and child reunification counseling, either
22    separately or together, preceding the inmate's release;
23    and
24        (6) a prerelease reunification staffing involving the
25    family advocate, the inmate and the child's counselor, or
26    both and the inmate.

 

 

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1    (i) (Blank).
2    (j) Any person convicted of a sex offense as defined in the
3Sex Offender Management Board Act shall be required to receive
4a sex offender evaluation prior to release into the community
5from the Department of Corrections. The sex offender
6evaluation shall be conducted in conformance with the
7standards and guidelines developed under the Sex Offender
8Management Board Act and by an evaluator approved by the
9Board.
10    (k) Any minor committed to the Department of Juvenile
11Justice for a sex offense as defined by the Sex Offender
12Management Board Act shall be required to undergo sex offender
13treatment by a treatment provider approved by the Board and
14conducted in conformance with the Sex Offender Management
15Board Act.
16    (l) Prior to the release of any inmate committed to a
17facility of the Department or the Department of Juvenile
18Justice, the Department must provide the inmate with
19appropriate information verbally, in writing, by video, or
20other electronic means, concerning HIV and AIDS. The
21Department shall develop the informational materials in
22consultation with the Department of Public Health. At the same
23time, the Department must also offer the committed person the
24option of testing for infection with human immunodeficiency
25virus (HIV), with no copayment for the test. Pre-test
26information shall be provided to the committed person and

 

 

HB1033- 16 -LRB103 04853 RLC 49863 b

1informed consent obtained as required in subsection (d) of
2Section 3 and Section 5 of the AIDS Confidentiality Act. The
3Department may conduct opt-out HIV testing as defined in
4Section 4 of the AIDS Confidentiality Act. If the Department
5conducts opt-out HIV testing, the Department shall place signs
6in English, Spanish and other languages as needed in multiple,
7highly visible locations in the area where HIV testing is
8conducted informing inmates that they will be tested for HIV
9unless they refuse, and refusal or acceptance of testing shall
10be documented in the inmate's medical record. The Department
11shall follow procedures established by the Department of
12Public Health to conduct HIV testing and testing to confirm
13positive HIV test results. All testing must be conducted by
14medical personnel, but pre-test and other information may be
15provided by committed persons who have received appropriate
16training. The Department, in conjunction with the Department
17of Public Health, shall develop a plan that complies with the
18AIDS Confidentiality Act to deliver confidentially all
19positive or negative HIV test results to inmates or former
20inmates. Nothing in this Section shall require the Department
21to offer HIV testing to an inmate who is known to be infected
22with HIV, or who has been tested for HIV within the previous
23180 days and whose documented HIV test result is available to
24the Department electronically. The testing provided under this
25subsection (l) shall consist of a test approved by the
26Illinois Department of Public Health to determine the presence

 

 

HB1033- 17 -LRB103 04853 RLC 49863 b

1of HIV infection, based upon recommendations of the United
2States Centers for Disease Control and Prevention. If the test
3result is positive, a reliable supplemental test based upon
4recommendations of the United States Centers for Disease
5Control and Prevention shall be administered.
6    Prior to the release of an inmate who the Department knows
7has tested positive for infection with HIV, the Department in
8a timely manner shall offer the inmate transitional case
9management, including referrals to other support services.
10    (m) The chief administrative officer of each institution
11or facility of the Department shall make a room in the
12institution or facility available for substance use disorder
13services to be provided to committed persons on a voluntary
14basis. The services shall be provided for one hour once a week
15at a time specified by the chief administrative officer of the
16institution or facility if the following conditions are met:
17        (1) the substance use disorder service contacts the
18    chief administrative officer to arrange the meeting;
19        (2) the committed person may attend the meeting for
20    substance use disorder services only if the committed
21    person uses pre-existing free time already available to
22    the committed person;
23        (3) all disciplinary and other rules of the
24    institution or facility remain in effect;
25        (4) the committed person is not given any additional
26    privileges to attend substance use disorder services;

 

 

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1        (5) if the substance use disorder service does not
2    arrange for scheduling a meeting for that week, no
3    substance use disorder services shall be provided to the
4    committed person in the institution or facility for that
5    week;
6        (6) the number of committed persons who may attend a
7    substance use disorder meeting shall not exceed 40 during
8    any session held at the correctional institution or
9    facility;
10        (7) a volunteer seeking to provide substance use
11    disorder services under this subsection (m) must submit an
12    application to the Department of Corrections under
13    existing Department rules and the Department must review
14    the application within 60 days after submission of the
15    application to the Department; and
16        (8) each institution and facility of the Department
17    shall manage the substance use disorder services program
18    according to its own processes and procedures.
19    For the purposes of this subsection (m), "substance use
20disorder services" means recovery services for persons with
21substance use disorders provided by volunteers of recovery
22support services recognized by the Department of Human
23Services.
24(Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20;
25102-350, eff. 8-13-21.)
 

 

 

HB1033- 19 -LRB103 04853 RLC 49863 b

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