Illinois General Assembly - Full Text of HB4819
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Full Text of HB4819  103rd General Assembly



HB4819 EnrolledLRB103 38202 RLC 68336 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    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
14    noncitizens over whom the Office of the Federal Detention
15    Trustee is authorized to exercise the federal detention
16    function for 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 Illinois
24    State Police, a program for tracking and evaluating each
25    inmate from commitment through release for recording his
26    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. The Department shall designate those
10    institutions which shall constitute the State Penitentiary
11    System. The Department of Juvenile Justice shall maintain
12    and administer all State youth centers pursuant to
13    subsection (d) of Section 3-2.5-20.
14        Pursuant to its power to establish new institutions
15    and facilities, the Department may authorize the
16    Department of Central Management Services to accept bids
17    from counties and municipalities for the construction,
18    remodeling, or conversion of a structure to be leased to
19    the Department of Corrections for the purposes of its
20    serving as a correctional institution or facility. Such
21    construction, remodeling, or conversion may be financed
22    with revenue bonds issued pursuant to the Industrial
23    Building Revenue Bond Act by the municipality or county.
24    The lease specified in a bid shall be for a term of not
25    less than the time needed to retire any revenue bonds used
26    to finance the project, but not to exceed 40 years. The



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



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



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



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1    procedures would provide evidence that such violations
2    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
14    or alleged violations of a parolee's or releasee's
15    conditions of parole shall be conservators of the peace
16    for those purposes, and shall have the full power of peace
17    officers outside of the facilities of the Department in
18    the protection, arrest, retaking, and reconfining of
19    committed persons or where the exercise of such power is
20    necessary to the investigation of such misconduct or
21    violations. This subsection shall not apply to persons
22    committed to the Department of Juvenile Justice under the
23    Juvenile Court Act of 1987 on aftercare release.
24        (j) To cooperate with other departments and agencies
25    and with local communities for the development of
26    standards and programs for better correctional services in



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



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



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



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



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



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1        (u-6) To appoint a point of contact person who shall
2    receive suggestions, complaints, or other requests to the
3    Department from visitors to Department institutions or
4    facilities and from other members of the public.
5        (v) To do all other acts necessary to carry out the
6    provisions of this Chapter.
7    (2) The Department of Corrections shall by January 1,
81998, consider building and operating a correctional facility
9within 100 miles of a county of over 2,000,000 inhabitants,
10especially a facility designed to house juvenile participants
11in the impact incarceration program.
12    (3) When the Department lets bids for contracts for
13medical services to be provided to persons committed to
14Department facilities by a health maintenance organization,
15medical service corporation, or other health care provider,
16the bid may only be let to a health care provider that has
17obtained an irrevocable letter of credit or performance bond
18issued by a company whose bonds have an investment grade or
19higher rating by a bond rating organization.
20    (4) When the Department lets bids for contracts for food
21or commissary services to be provided to Department
22facilities, the bid may only be let to a food or commissary
23services provider that has obtained an irrevocable letter of
24credit or performance bond issued by a company whose bonds
25have an investment grade or higher rating by a bond rating



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1    (5) On and after the date 6 months after August 16, 2013
2(the effective date of Public Act 98-488), as provided in the
3Executive Order 1 (2012) Implementation Act, all of the
4powers, duties, rights, and responsibilities related to State
5healthcare purchasing under this Code that were transferred
6from the Department of Corrections to the Department of
7Healthcare and Family Services by Executive Order 3 (2005) are
8transferred back to the Department of Corrections; however,
9powers, duties, rights, and responsibilities related to State
10healthcare purchasing under this Code that were exercised by
11the Department of Corrections before the effective date of
12Executive Order 3 (2005) but that pertain to individuals
13resident in facilities operated by the Department of Juvenile
14Justice are transferred to the Department of Juvenile Justice.
15    (6) The Department of Corrections shall provide lactation
16or nursing mothers rooms for personnel of the Department. The
17rooms shall be provided in each facility of the Department
18that employs nursing mothers. Each individual lactation room
20        (i) contain doors that lock;
21        (ii) have an "Occupied" sign for each door;
22        (iii) contain electrical outlets for plugging in
23    breast pumps;
24        (iv) have sufficient lighting and ventilation;
25        (v) contain comfortable chairs;
26        (vi) contain a countertop or table for all necessary



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1    supplies for lactation;
2        (vii) contain a wastebasket and chemical cleaners to
3    wash one's hands and to clean the surfaces of the
4    countertop or table;
5        (viii) have a functional sink;
6        (ix) have a minimum of one refrigerator for storage of
7    the breast milk; and
8        (x) receive routine daily maintenance.
9(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
10102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff.
115-13-22; 102-1030, eff. 5-27-22.)