Illinois General Assembly - Full Text of HB3608
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Full Text of HB3608  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Mary E. Flowers


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.

LRB102 03808 RLC 13821 b





HB3608LRB102 03808 RLC 13821 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    Sec. 31A-0.1. Definitions. For the purposes of this
9    "Deliver" or "delivery" means the actual, constructive or
10attempted transfer of possession of an item of contraband,
11with or without consideration, whether or not there is an
12agency relationship.
13    "Employee" means any elected or appointed officer, trustee
14or employee of a penal institution or of the governing
15authority of the penal institution, or any person who performs
16services for the penal institution pursuant to contract with
17the penal institution or its governing authority.
18    "Item of contraband" means any of the following:
19        (i) "Alcoholic liquor" as that term is defined in
20    Section 1-3.05 of the Liquor Control Act of 1934.
21        (ii) "Cannabis" as that term is defined in subsection
22    (a) of Section 3 of the Cannabis Control Act.
23        (iii) "Controlled substance" as that term is defined



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



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



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



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1    electronic, video recording devices, computers, and
2    computer peripheral equipment used in online educational
3    courses approved by the Director of Corrections or the
4    chief administrative officer of the penal institution. In
5    this definition, "Internet" means an interactive computer
6    service or system or an information service, system, or
7    access software provider that provides or enables computer
8    access by multiple users to a computer server; and
9    "online" means the use of any electronic device to access
10    the Internet.
11    "Penal institution" means any penitentiary, State farm,
12reformatory, prison, jail, house of correction, police
13detention area, half-way house or other institution or place
14for the incarceration or custody of persons under sentence for
15offenses awaiting trial or sentence for offenses, under arrest
16for an offense, a violation of probation, a violation of
17parole, a violation of aftercare release, or a violation of
18mandatory supervised release, or awaiting a bail setting
19hearing or preliminary hearing; provided that where the place
20for incarceration or custody is housed within another public
21building this Article shall not apply to that part of the
22building unrelated to the incarceration or custody of persons.
23(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
24    Section 10. The Unified Code of Corrections is amended by
25changing Section 3-6-2 as follows:



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1    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
2    Sec. 3-6-2. Institutions and facility administration.
3    (a) Each institution and facility of the Department shall
4be administered by a chief administrative officer appointed by
5the Director. A chief administrative officer shall be
6responsible for all persons assigned to the institution or
7facility. The chief administrative officer shall administer
8the programs of the Department for the custody and treatment
9of such persons.
10    (b) The chief administrative officer shall have such
11assistants as the Department may assign.
12    (c) The Director or Assistant Director shall have the
13emergency powers to temporarily transfer individuals without
14formal procedures to any State, county, municipal or regional
15correctional or detention institution or facility in the
16State, subject to the acceptance of such receiving institution
17or facility, or to designate any reasonably secure place in
18the State as such an institution or facility and to make
19transfers thereto. However, transfers made under emergency
20powers shall be reviewed as soon as practicable under Article
218, and shall be subject to Section 5-905 of the Juvenile Court
22Act of 1987. This Section shall not apply to transfers to the
23Department of Human Services which are provided for under
24Section 3-8-5 or Section 3-10-5.
25    (d) The Department shall provide educational programs for



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1all committed persons, including educational courses taught or
2provided online as defined in Section 31A-0.1 of the Criminal
3Code of 2012, so that all persons have an opportunity to attain
4the achievement level equivalent to the completion of the
5twelfth grade in the public school system in this State. Other
6higher levels of attainment shall be encouraged and
7professional instruction shall be maintained wherever
8possible. The Department may establish programs of mandatory
9education and may establish rules and regulations for the
10administration of such programs. A person committed to the
11Department who, during the period of his or her incarceration,
12participates in an educational program provided by or through
13the Department and through that program is awarded or earns
14the number of hours of credit required for the award of an
15associate, baccalaureate, or higher degree from a community
16college, college, or university located in Illinois shall
17reimburse the State, through the Department, for the costs
18incurred by the State in providing that person during his or
19her incarceration with the education that qualifies him or her
20for the award of that degree. The costs for which
21reimbursement is required under this subsection shall be
22determined and computed by the Department under rules and
23regulations that it shall establish for that purpose. However,
24interest at the rate of 6% per annum shall be charged on the
25balance of those costs from time to time remaining unpaid,
26from the date of the person's parole, mandatory supervised



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1release, or release constituting a final termination of his or
2her commitment to the Department until paid.
3    (d-5) A person committed to the Department is entitled to
4confidential testing for infection with human immunodeficiency
5virus (HIV) and to counseling in connection with such testing,
6with no copay to the committed person. A person committed to
7the Department who has tested positive for infection with HIV
8is entitled to medical care while incarcerated, counseling,
9and referrals to support services, in connection with that
10positive test result. Implementation of this subsection (d-5)
11is subject to appropriation.
12    (e) A person committed to the Department who becomes in
13need of medical or surgical treatment but is incapable of
14giving consent thereto shall receive such medical or surgical
15treatment by the chief administrative officer consenting on
16the person's behalf. Before the chief administrative officer
17consents, he or she shall obtain the advice of one or more
18physicians licensed to practice medicine in all its branches
19in this State. If such physician or physicians advise:
20        (1) that immediate medical or surgical treatment is
21    required relative to a condition threatening to cause
22    death, damage or impairment to bodily functions, or
23    disfigurement; and
24        (2) that the person is not capable of giving consent
25    to such treatment; the chief administrative officer may
26    give consent for such medical or surgical treatment, and



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1    such consent shall be deemed to be the consent of the
2    person for all purposes, including, but not limited to,
3    the authority of a physician to give such treatment.
4    (e-5) If a physician providing medical care to a committed
5person on behalf of the Department advises the chief
6administrative officer that the committed person's mental or
7physical health has deteriorated as a result of the cessation
8of ingestion of food or liquid to the point where medical or
9surgical treatment is required to prevent death, damage, or
10impairment to bodily functions, the chief administrative
11officer may authorize such medical or surgical treatment.
12    (f) In the event that the person requires medical care and
13treatment at a place other than the institution or facility,
14the person may be removed therefrom under conditions
15prescribed by the Department. Neither the Department of
16Corrections nor the Department of Juvenile Justice may require
17a committed person or person committed to any facility
18operated by the Department of Juvenile Justice, as set forth
19in Section 3-2.5-15 of this Code, to pay any co-payment for
20receiving medical or dental services.
21    (f-5) The Department shall comply with the Health Care
22Violence Prevention Act.
23    (g) Any person having sole custody of a child at the time
24of commitment or any woman giving birth to a child after her
25commitment, may arrange through the Department of Children and
26Family Services for suitable placement of the child outside of



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1the Department of Corrections. The Director of the Department
2of Corrections may determine that there are special reasons
3why the child should continue in the custody of the mother
4until the child is 6 years old.
5    (h) The Department may provide Family Responsibility
6Services which may consist of, but not be limited to the
8        (1) family advocacy counseling;
9        (2) parent self-help group;
10        (3) parenting skills training;
11        (4) parent and child overnight program;
12        (5) parent and child reunification counseling, either
13    separately or together, preceding the inmate's release;
14    and
15        (6) a prerelease reunification staffing involving the
16    family advocate, the inmate and the child's counselor, or
17    both and the inmate.
18    (i) (Blank).
19    (j) Any person convicted of a sex offense as defined in the
20Sex Offender Management Board Act shall be required to receive
21a sex offender evaluation prior to release into the community
22from the Department of Corrections. The sex offender
23evaluation shall be conducted in conformance with the
24standards and guidelines developed under the Sex Offender
25Management Board Act and by an evaluator approved by the



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1    (k) Any minor committed to the Department of Juvenile
2Justice for a sex offense as defined by the Sex Offender
3Management Board Act shall be required to undergo sex offender
4treatment by a treatment provider approved by the Board and
5conducted in conformance with the Sex Offender Management
6Board Act.
7    (l) Prior to the release of any inmate committed to a
8facility of the Department or the Department of Juvenile
9Justice, the Department must provide the inmate with
10appropriate information verbally, in writing, by video, or
11other electronic means, concerning HIV and AIDS. The
12Department shall develop the informational materials in
13consultation with the Department of Public Health. At the same
14time, the Department must also offer the committed person the
15option of testing for infection with human immunodeficiency
16virus (HIV), with no copayment for the test. Pre-test
17information shall be provided to the committed person and
18informed consent obtained as required in subsection (d) of
19Section 3 and Section 5 of the AIDS Confidentiality Act. The
20Department may conduct opt-out HIV testing as defined in
21Section 4 of the AIDS Confidentiality Act. If the Department
22conducts opt-out HIV testing, the Department shall place signs
23in English, Spanish and other languages as needed in multiple,
24highly visible locations in the area where HIV testing is
25conducted informing inmates that they will be tested for HIV
26unless they refuse, and refusal or acceptance of testing shall



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1be documented in the inmate's medical record. The Department
2shall follow procedures established by the Department of
3Public Health to conduct HIV testing and testing to confirm
4positive HIV test results. All testing must be conducted by
5medical personnel, but pre-test and other information may be
6provided by committed persons who have received appropriate
7training. The Department, in conjunction with the Department
8of Public Health, shall develop a plan that complies with the
9AIDS Confidentiality Act to deliver confidentially all
10positive or negative HIV test results to inmates or former
11inmates. Nothing in this Section shall require the Department
12to offer HIV testing to an inmate who is known to be infected
13with HIV, or who has been tested for HIV within the previous
14180 days and whose documented HIV test result is available to
15the Department electronically. The testing provided under this
16subsection (l) shall consist of a test approved by the
17Illinois Department of Public Health to determine the presence
18of HIV infection, based upon recommendations of the United
19States Centers for Disease Control and Prevention. If the test
20result is positive, a reliable supplemental test based upon
21recommendations of the United States Centers for Disease
22Control and Prevention shall be administered.
23    Prior to the release of an inmate who the Department knows
24has tested positive for infection with HIV, the Department in
25a timely manner shall offer the inmate transitional case
26management, including referrals to other support services.



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1    (m) The chief administrative officer of each institution
2or facility of the Department shall make a room in the
3institution or facility available for substance use disorder
4services to be provided to committed persons on a voluntary
5basis. The services shall be provided for one hour once a week
6at a time specified by the chief administrative officer of the
7institution or facility if the following conditions are met:
8        (1) the substance use disorder service contacts the
9    chief administrative officer to arrange the meeting;
10        (2) the committed person may attend the meeting for
11    substance use disorder services only if the committed
12    person uses pre-existing free time already available to
13    the committed person;
14        (3) all disciplinary and other rules of the
15    institution or facility remain in effect;
16        (4) the committed person is not given any additional
17    privileges to attend substance use disorder services;
18        (5) if the substance use disorder service does not
19    arrange for scheduling a meeting for that week, no
20    substance use disorder services shall be provided to the
21    committed person in the institution or facility for that
22    week;
23        (6) the number of committed persons who may attend a
24    substance use disorder meeting shall not exceed 40 during
25    any session held at the correctional institution or
26    facility;



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1        (7) a volunteer seeking to provide substance use
2    disorder services under this subsection (m) must submit an
3    application to the Department of Corrections under
4    existing Department rules and the Department must review
5    the application within 60 days after submission of the
6    application to the Department; and
7        (8) each institution and facility of the Department
8    shall manage the substance use disorder services program
9    according to its own processes and procedures.
10    For the purposes of this subsection (m), "substance use
11disorder services" means recovery services for persons with
12substance use disorders provided by volunteers of recovery
13support services recognized by the Department of Human
15(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;
16101-81, eff. 7-12-19; 101-86, eff. 1-1-20.)