94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4291

 

Introduced 12/20/05, by Rep. Ron Stephens

 

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

    Amends the Unified Code of Corrections. Provides that all nurses registered or licensed under the Nursing and Advanced Practice Nursing Act performing services for the Department of Corrections on a contractual basis as of the effective date of this amendatory Act shall become employees of the Department on the date immediately following the effective date of this amendatory Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-2-2 as follows:
 
6     (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
7     Sec. 3-2-2. Powers and Duties of the Department.
8     (1) In addition to the powers, duties and responsibilities
9 which are otherwise provided by law, the Department shall have
10 the following powers:
11         (a) To accept persons committed to it by the courts of
12     this State for care, custody, treatment and
13     rehabilitation, and to accept federal prisoners and aliens
14     over whom the Office of the Federal Detention Trustee is
15     authorized to exercise the federal detention function for
16     limited purposes and periods of time.
17         (b) To develop and maintain reception and evaluation
18     units for purposes of analyzing the custody and
19     rehabilitation needs of persons committed to it and to
20     assign such persons to institutions and programs under its
21     control or transfer them to other appropriate agencies. In
22     consultation with the Department of Alcoholism and
23     Substance Abuse (now the Department of Human Services), the
24     Department of Corrections shall develop a master plan for
25     the screening and evaluation of persons committed to its
26     custody who have alcohol or drug abuse problems, and for
27     making appropriate treatment available to such persons;
28     the Department shall report to the General Assembly on such
29     plan not later than April 1, 1987. The maintenance and
30     implementation of such plan shall be contingent upon the
31     availability of funds.
32         (b-1) To create and implement, on January 1, 2002, a

 

 

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1     pilot program to establish the effectiveness of
2     pupillometer technology (the measurement of the pupil's
3     reaction to light) as an alternative to a urine test for
4     purposes of screening and evaluating persons committed to
5     its custody who have alcohol or drug problems. The pilot
6     program shall require the pupillometer technology to be
7     used in at least one Department of Corrections facility.
8     The Director may expand the pilot program to include an
9     additional facility or facilities as he or she deems
10     appropriate. A minimum of 4,000 tests shall be included in
11     the pilot program. The Department must report to the
12     General Assembly on the effectiveness of the program by
13     January 1, 2003.
14         (b-5) To develop, in consultation with the Department
15     of State Police, a program for tracking and evaluating each
16     inmate from commitment through release for recording his or
17     her gang affiliations, activities, or ranks.
18         (c) To maintain and administer all State correctional
19     institutions and facilities under its control and to
20     establish new ones as needed. Pursuant to its power to
21     establish new institutions and facilities, the Department
22     may, with the written approval of the Governor, authorize
23     the Department of Central Management Services to enter into
24     an agreement of the type described in subsection (d) of
25     Section 405-300 of the Department of Central Management
26     Services Law (20 ILCS 405/405-300). The Department shall
27     designate those institutions which shall constitute the
28     State Penitentiary System.
29         Pursuant to its power to establish new institutions and
30     facilities, the Department may authorize the Department of
31     Central Management Services to accept bids from counties
32     and municipalities for the construction, remodeling or
33     conversion of a structure to be leased to the Department of
34     Corrections for the purposes of its serving as a
35     correctional institution or facility. Such construction,
36     remodeling or conversion may be financed with revenue bonds

 

 

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1     issued pursuant to the Industrial Building Revenue Bond Act
2     by the municipality or county. The lease specified in a bid
3     shall be for a term of not less than the time needed to
4     retire any revenue bonds used to finance the project, but
5     not to exceed 40 years. The lease may grant to the State
6     the option to purchase the structure outright.
7         Upon receipt of the bids, the Department may certify
8     one or more of the bids and shall submit any such bids to
9     the General Assembly for approval. Upon approval of a bid
10     by a constitutional majority of both houses of the General
11     Assembly, pursuant to joint resolution, the Department of
12     Central Management Services may enter into an agreement
13     with the county or municipality pursuant to such bid.
14         (c-5) To build and maintain regional juvenile
15     detention centers and to charge a per diem to the counties
16     as established by the Department to defray the costs of
17     housing each minor in a center. In this subsection (c-5),
18     "juvenile detention center" means a facility to house
19     minors during pendency of trial who have been transferred
20     from proceedings under the Juvenile Court Act of 1987 to
21     prosecutions under the criminal laws of this State in
22     accordance with Section 5-805 of the Juvenile Court Act of
23     1987, whether the transfer was by operation of law or
24     permissive under that Section. The Department shall
25     designate the counties to be served by each regional
26     juvenile detention center.
27         (d) To develop and maintain programs of control,
28     rehabilitation and employment of committed persons within
29     its institutions.
30         (e) To establish a system of supervision and guidance
31     of committed persons in the community.
32         (f) To establish in cooperation with the Department of
33     Transportation to supply a sufficient number of prisoners
34     for use by the Department of Transportation to clean up the
35     trash and garbage along State, county, township, or
36     municipal highways as designated by the Department of

 

 

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1     Transportation. The Department of Corrections, at the
2     request of the Department of Transportation, shall furnish
3     such prisoners at least annually for a period to be agreed
4     upon between the Director of Corrections and the Director
5     of Transportation. The prisoners used on this program shall
6     be selected by the Director of Corrections on whatever
7     basis he deems proper in consideration of their term,
8     behavior and earned eligibility to participate in such
9     program - where they will be outside of the prison facility
10     but still in the custody of the Department of Corrections.
11     Prisoners convicted of first degree murder, or a Class X
12     felony, or armed violence, or aggravated kidnapping, or
13     criminal sexual assault, aggravated criminal sexual abuse
14     or a subsequent conviction for criminal sexual abuse, or
15     forcible detention, or arson, or a prisoner adjudged a
16     Habitual Criminal shall not be eligible for selection to
17     participate in such program. The prisoners shall remain as
18     prisoners in the custody of the Department of Corrections
19     and such Department shall furnish whatever security is
20     necessary. The Department of Transportation shall furnish
21     trucks and equipment for the highway cleanup program and
22     personnel to supervise and direct the program. Neither the
23     Department of Corrections nor the Department of
24     Transportation shall replace any regular employee with a
25     prisoner.
26         (g) To maintain records of persons committed to it and
27     to establish programs of research, statistics and
28     planning.
29         (h) To investigate the grievances of any person
30     committed to the Department, to inquire into any alleged
31     misconduct by employees or committed persons, and to
32     investigate the assets of committed persons to implement
33     Section 3-7-6 of this Code; and for these purposes it may
34     issue subpoenas and compel the attendance of witnesses and
35     the production of writings and papers, and may examine
36     under oath any witnesses who may appear before it; to also

 

 

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1     investigate alleged violations of a parolee's or
2     releasee's conditions of parole or release; and for this
3     purpose it may issue subpoenas and compel the attendance of
4     witnesses and the production of documents only if there is
5     reason to believe that such procedures would provide
6     evidence that such violations have occurred.
7         If any person fails to obey a subpoena issued under
8     this subsection, the Director may apply to any circuit
9     court to secure compliance with the subpoena. The failure
10     to comply with the order of the court issued in response
11     thereto shall be punishable as contempt of court.
12         (i) To appoint and remove the chief administrative
13     officers, and administer programs of training and
14     development of personnel of the Department. Personnel
15     assigned by the Department to be responsible for the
16     custody and control of committed persons or to investigate
17     the alleged misconduct of committed persons or employees or
18     alleged violations of a parolee's or releasee's conditions
19     of parole shall be conservators of the peace for those
20     purposes, and shall have the full power of peace officers
21     outside of the facilities of the Department in the
22     protection, arrest, retaking and reconfining of committed
23     persons or where the exercise of such power is necessary to
24     the investigation of such misconduct or violations.
25         (j) To cooperate with other departments and agencies
26     and with local communities for the development of standards
27     and programs for better correctional services in this
28     State.
29         (k) To administer all moneys and properties of the
30     Department.
31         (l) To report annually to the Governor on the committed
32     persons, institutions and programs of the Department.
33         (l-5) In a confidential annual report to the Governor,
34     the Department shall identify all inmate gangs by
35     specifying each current gang's name, population and allied
36     gangs. The Department shall further specify the number of

 

 

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1     top leaders identified by the Department for each gang
2     during the past year, and the measures taken by the
3     Department to segregate each leader from his or her gang
4     and allied gangs. The Department shall further report the
5     current status of leaders identified and segregated in
6     previous years. All leaders described in the report shall
7     be identified by inmate number or other designation to
8     enable tracking, auditing, and verification without
9     revealing the names of the leaders. Because this report
10     contains law enforcement intelligence information
11     collected by the Department, the report is confidential and
12     not subject to public disclosure.
13         (m) To make all rules and regulations and exercise all
14     powers and duties vested by law in the Department.
15         (n) To establish rules and regulations for
16     administering a system of good conduct credits,
17     established in accordance with Section 3-6-3, subject to
18     review by the Prisoner Review Board.
19         (o) To administer the distribution of funds from the
20     State Treasury to reimburse counties where State penal
21     institutions are located for the payment of assistant
22     state's attorneys' salaries under Section 4-2001 of the
23     Counties Code.
24         (p) To exchange information with the Department of
25     Human Services and the Illinois Department of Public Aid
26     for the purpose of verifying living arrangements and for
27     other purposes directly connected with the administration
28     of this Code and the Illinois Public Aid Code.
29         (q) To establish a diversion program.
30         The program shall provide a structured environment for
31     selected technical parole or mandatory supervised release
32     violators and committed persons who have violated the rules
33     governing their conduct while in work release. This program
34     shall not apply to those persons who have committed a new
35     offense while serving on parole or mandatory supervised
36     release or while committed to work release.

 

 

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1         Elements of the program shall include, but shall not be
2     limited to, the following:
3             (1) The staff of a diversion facility shall provide
4         supervision in accordance with required objectives set
5         by the facility.
6             (2) Participants shall be required to maintain
7         employment.
8             (3) Each participant shall pay for room and board
9         at the facility on a sliding-scale basis according to
10         the participant's income.
11             (4) Each participant shall:
12                 (A) provide restitution to victims in
13             accordance with any court order;
14                 (B) provide financial support to his
15             dependents; and
16                 (C) make appropriate payments toward any other
17             court-ordered obligations.
18             (5) Each participant shall complete community
19         service in addition to employment.
20             (6) Participants shall take part in such
21         counseling, educational and other programs as the
22         Department may deem appropriate.
23             (7) Participants shall submit to drug and alcohol
24         screening.
25             (8) The Department shall promulgate rules
26         governing the administration of the program.
27         (r) To enter into intergovernmental cooperation
28     agreements under which persons in the custody of the
29     Department may participate in a county impact
30     incarceration program established under Section 3-6038 or
31     3-15003.5 of the Counties Code.
32         (r-5) To enter into intergovernmental cooperation
33     agreements under which minors adjudicated delinquent and
34     committed to the Department of Corrections, Juvenile
35     Division, may participate in a county juvenile impact
36     incarceration program established under Section 3-6039 of

 

 

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1     the Counties Code.
2         (r-10) To systematically and routinely identify with
3     respect to each streetgang active within the correctional
4     system: (1) each active gang; (2) every existing inter-gang
5     affiliation or alliance; and (3) the current leaders in
6     each gang. The Department shall promptly segregate leaders
7     from inmates who belong to their gangs and allied gangs.
8     "Segregate" means no physical contact and, to the extent
9     possible under the conditions and space available at the
10     correctional facility, prohibition of visual and sound
11     communication. For the purposes of this paragraph (r-10),
12     "leaders" means persons who:
13             (i) are members of a criminal streetgang;
14             (ii) with respect to other individuals within the
15         streetgang, occupy a position of organizer,
16         supervisor, or other position of management or
17         leadership; and
18             (iii) are actively and personally engaged in
19         directing, ordering, authorizing, or requesting
20         commission of criminal acts by others, which are
21         punishable as a felony, in furtherance of streetgang
22         related activity both within and outside of the
23         Department of Corrections.
24     "Streetgang", "gang", and "streetgang related" have the
25     meanings ascribed to them in Section 10 of the Illinois
26     Streetgang Terrorism Omnibus Prevention Act.
27         (s) To operate a super-maximum security institution,
28     in order to manage and supervise inmates who are disruptive
29     or dangerous and provide for the safety and security of the
30     staff and the other inmates.
31         (t) To monitor any unprivileged conversation or any
32     unprivileged communication, whether in person or by mail,
33     telephone, or other means, between an inmate who, before
34     commitment to the Department, was a member of an organized
35     gang and any other person without the need to show cause or
36     satisfy any other requirement of law before beginning the

 

 

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1     monitoring, except as constitutionally required. The
2     monitoring may be by video, voice, or other method of
3     recording or by any other means. As used in this
4     subdivision (1)(t), "organized gang" has the meaning
5     ascribed to it in Section 10 of the Illinois Streetgang
6     Terrorism Omnibus Prevention Act.
7         As used in this subdivision (1)(t), "unprivileged
8     conversation" or "unprivileged communication" means a
9     conversation or communication that is not protected by any
10     privilege recognized by law or by decision, rule, or order
11     of the Illinois Supreme Court.
12         (u) To establish a Women's and Children's Pre-release
13     Community Supervision Program for the purpose of providing
14     housing and services to eligible female inmates, as
15     determined by the Department, and their newborn and young
16     children.
17         (v) To do all other acts necessary to carry out the
18     provisions of this Chapter.
19     (2) The Department of Corrections shall by January 1, 1998,
20 consider building and operating a correctional facility within
21 100 miles of a county of over 2,000,000 inhabitants, especially
22 a facility designed to house juvenile participants in the
23 impact incarceration program.
24     (3) When the Department lets bids for contracts for medical
25 services to be provided to persons committed to Department
26 facilities by a health maintenance organization, medical
27 service corporation, or other health care provider, the bid may
28 only be let to a health care provider that has obtained an
29 irrevocable letter of credit or performance bond issued by a
30 company whose bonds are rated AAA by a bond rating
31 organization.
32     (3.5) All nurses registered or licensed under the Nursing
33 and Advanced Practice Nursing Act performing services for the
34 Department on a contractual basis as of the effective date of
35 this amendatory Act of the 94th General Assembly shall become
36 employees of the Department on the date immediately following

 

 

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1 the effective date of this amendatory Act of the 94th General
2 Assembly.
3     (4) When the Department lets bids for contracts for food or
4 commissary services to be provided to Department facilities,
5 the bid may only be let to a food or commissary services
6 provider that has obtained an irrevocable letter of credit or
7 performance bond issued by a company whose bonds are rated AAA
8 by a bond rating organization.
9 (Source: P.A. 92-444, eff. 1-1-02; 92-712, eff. 1-1-03; 93-839,
10 eff. 7-30-04.)