Illinois General Assembly - Full Text of SB1976
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Full Text of SB1976  102nd General Assembly




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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    Sec. 3-2-2. Powers and duties of the Department.
8    (1) In addition to the powers, duties, and
9responsibilities which are otherwise provided by law, the
10Department shall have 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),



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



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1        (c) To maintain and administer all State correctional
2    institutions and facilities under its control and to
3    establish new ones as needed. Pursuant to its power to
4    establish new institutions and facilities, the Department
5    may, with the written approval of the Governor, authorize
6    the Department of Central Management Services to enter
7    into an agreement of the type described in subsection (d)
8    of Section 405-300 of the Department of Central Management
9    Services Law (20 ILCS 405/405-300). The Department shall
10    designate those institutions which shall constitute the
11    State Penitentiary System.
12        Pursuant to its power to establish new institutions
13    and facilities, the Department may authorize the
14    Department of Central Management Services to accept bids
15    from counties and municipalities for the construction,
16    remodeling or conversion of a structure to be leased to
17    the Department of Corrections for the purposes of its
18    serving as a correctional institution or facility. Such
19    construction, remodeling or conversion may be financed
20    with revenue bonds issued pursuant to the Industrial
21    Building Revenue Bond Act by the municipality or county.
22    The lease specified in a bid shall be for a term of not
23    less than the time needed to retire any revenue bonds used
24    to finance the project, but not to exceed 40 years. The
25    lease may grant to the State the option to purchase the
26    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
4    to 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
10    the 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
17    shall be selected by the Director of Corrections on
18    whatever basis he deems proper in consideration of their
19    term, behavior and earned eligibility to participate in
20    such program - where they will be outside of the prison
21    facility but still in the custody of the Department of
22    Corrections. Prisoners convicted of first degree murder,
23    or a Class X felony, or armed violence, or aggravated
24    kidnapping, or criminal sexual assault, aggravated
25    criminal sexual abuse or a subsequent conviction for
26    criminal sexual abuse, or forcible detention, or arson, or



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



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



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1    Department.
2        (l) To report annually to the Governor on the
3    committed persons, institutions and programs of the
4    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



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1    rules governing their conduct while in work release. This
2    program shall not apply to those persons who have
3    committed a new offense while serving on parole or
4    mandatory supervised release or while committed to work
5    release.
6        Elements of the program shall include, but shall not
7    be limited to, the following:
8            (1) The staff of a diversion facility shall
9        provide supervision in accordance with required
10        objectives set 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



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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
15    inter-gang affiliation or alliance; and (3) the current
16    leaders in each gang. The Department shall promptly
17    segregate leaders from inmates who belong to their gangs
18    and allied gangs. "Segregate" means no physical contact
19    and, to the extent possible under the conditions and space
20    available at the correctional facility, prohibition of
21    visual and sound communication. For the purposes of this
22    paragraph (r-10), "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



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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
13    disruptive or dangerous and provide for the safety and
14    security of the 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.



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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
12    to the Department absconds or absents himself or herself,
13    without authority to do so, from any facility or program
14    to which he or she is assigned. The order shall be
15    certified by the Director, the Supervisor of the
16    Apprehension Unit, or any person duly designated by the
17    Director, with the seal of the Department affixed. The
18    order shall be directed to all sheriffs, coroners, and
19    police officers, or to any particular person named in the
20    order. Any order issued pursuant to this subdivision (1)
21    (u-5) shall be sufficient warrant for the officer or
22    person named in the order to arrest and deliver the
23    committed person to the proper correctional officials and
24    shall be executed the same as criminal process.
25        (u-6) To appoint a point of contact person who shall
26    receive suggestions, complaints, or other requests to the



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1    Department from visitors to Department institutions or
2    facilities and from other members of the public.
3        (v) To do all other acts necessary to carry out the
4    provisions of this Chapter.
5    (2) The Department of Corrections shall by January 1,
61998, consider building and operating a correctional facility
7within 100 miles of a county of over 2,000,000 inhabitants,
8especially a facility designed to house juvenile participants
9in the impact incarceration program.
10    (3) When the Department lets bids for contracts for
11medical services to be provided to persons committed to
12Department facilities by a health maintenance organization,
13medical service corporation, or other health care provider,
14the bid may only be let to a health care provider that has
15obtained an irrevocable letter of credit or performance bond
16issued by a company whose bonds have an investment grade or
17higher rating by a bond rating organization.
18    (4) When the Department lets bids for contracts for food
19or commissary services to be provided to Department
20facilities, the bid may only be let to a food or commissary
21services provider that has obtained an irrevocable letter of
22credit or performance bond issued by a company whose bonds
23have an investment grade or higher rating by a bond rating
25    (5) On and after the date 6 months after August 16, 2013
26(the effective date of Public Act 98-488), as provided in the



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1Executive Order 1 (2012) Implementation Act, all of the
2powers, duties, rights, and responsibilities related to State
3healthcare purchasing under this Code that were transferred
4from the Department of Corrections to the Department of
5Healthcare and Family Services by Executive Order 3 (2005) are
6transferred back to the Department of Corrections; however,
7powers, duties, rights, and responsibilities related to State
8healthcare purchasing under this Code that were exercised by
9the Department of Corrections before the effective date of
10Executive Order 3 (2005) but that pertain to individuals
11resident in facilities operated by the Department of Juvenile
12Justice are transferred to the Department of Juvenile Justice.
13(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
14101-235, eff. 1-1-20.)