Illinois General Assembly - Full Text of HB4888
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Full Text of HB4888  100th General Assembly

HB4888eng 100TH 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 3-5-3.1 and by adding Section 3-2-12 as
6follows:
 
7    (730 ILCS 5/3-2-12 new)
8    Sec. 3-2-12. Report of violence in Department of
9Corrections institutions and facilities; public safety
10reports.
11    (a) The Department of Corrections shall collect and report:
12        (1) data on a rate per 100 of committed persons
13    regarding violence within Department institutions and
14    facilities as defined under the terms, if applicable, in 20
15    Ill. Adm. Code 504 as follows:
16            (A) committed person on committed person assaults;
17            (B) committed person on correctional staff
18        assaults;
19            (C) dangerous contraband, including weapons,
20        explosives, dangerous chemicals, or other dangerous
21        weapons;
22            (D) committed person on committed person fights;
23            (E) multi-committed person on single committed

 

 

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1        person fights;
2            (F) committed person use of a weapon on
3        correctional staff;
4            (G) committed person use of a weapon on committed
5        person;
6            (H) sexual assault committed by a committed person
7        against another committed person, correctional staff,
8        or visitor;
9            (I) sexual assault committed by correctional staff
10        against another correctional staff, committed person,
11        or visitor;
12            (J) correctional staff use of physical force;
13            (K) forced cell extraction;
14            (L) use of oleoresin capsaicin (pepper spray),
15        2-chlorobenzalmalononitrile (CS gas), or other control
16        agents or implements;
17            (M) committed person suicide and attempted
18        suicide;
19            (N) requests and placements in protective custody;
20        and
21            (O) committed persons in segregation, secured
22        housing, and restrictive housing; and
23        (2) data on average length of stay in segregation,
24    secured housing, and restrictive housing.
25    (b) The Department of Corrections shall collect and report:
26        (1) data on a rate per 100 of committed persons

 

 

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1    regarding public safety as follows:
2            (A) committed persons released directly from
3        segregation secured housing and restrictive housing to
4        the community;
5            (B) committed persons who are released from
6        Department correctional institutions and facilities
7        who are homeless by county;
8            (C) committed persons in custody who have
9        completed evidence-based programs, including:
10                (i) educational;
11                (ii) vocational;
12                (iii) chemical dependency;
13                (iv) sex offender treatment; or
14                (v) cognitive behavioral;
15            (D) committed persons who are being held in custody
16        past their mandatory statutory release date and the
17        reasons for their continued confinement;
18            (E) parole and mandatory supervised release
19        revocation rate by county and reasons for revocation;
20        and
21            (F) committed persons on parole or mandatory
22        supervised release who have completed evidence-based
23        programs, including:
24            (A) educational;
25            (B) vocational;
26            (C) chemical dependency;

 

 

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1            (D) sex offender treatment; or
2            (E) cognitive behavioral; and
3        (2) data on the average daily population and vacancy
4    rate of each Adult Transition Center and work camp.
5    (c) The data provided under subsections (a) and (b) of this
6Section shall be included in the Department of Corrections
7quarterly report to the General Assembly under Section 3-5-3.1
8of this Code and shall include an aggregate chart at the agency
9level and individual reports by each correctional institution
10or facility of the Department of Corrections.
11    (d) The Director of Corrections shall ensure that the
12agency level data is reviewed by the Director's executive team
13on a quarterly basis. The correctional institution or
14facility's executive team and each chief administrative
15officer of the correctional institution or facility shall
16examine statewide and local data at least quarterly. During
17these reviews each chief administrative officer shall:
18        (1) identify trends;
19        (2) develop action items to mitigate the root causes of
20    violence; and
21        (3) establish committees at each correctional
22    institution or facility which shall review the violence
23    data on a quarterly basis and develop action plans to
24    reduce violence. These plans shall include a wide range of
25    strategies to incentivize good conduct.
 

 

 

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1    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
2    Sec. 3-5-3.1. Report to the General Assembly.
3    (a) As used in this Section, "facility" includes any
4facility of the Department of Corrections.
5    (b) The Department of Corrections shall, by January 1st,
6April 1st, July 1st, and October 1st of each year, transmit to
7the General Assembly, a report which shall include the
8following information reflecting the period ending 30 fifteen
9days prior to the submission of the report: 1) the number of
10residents in all Department facilities indicating the number of
11residents in each listed facility; 2) a classification of each
12facility's residents by the nature of the offense for which
13each resident was committed to the Department; 3) the number of
14residents in maximum, medium, and minimum security facilities
15indicating the classification of each facility's residents by
16the nature of the offense for which each resident was committed
17to the Department; 4) the educational and vocational programs
18provided at each facility and the number of residents
19participating in each such program; 5) the present capacity
20levels in each facility; 6) the projected capacity of each
21facility six months and one year following each reporting date;
227) the ratio of the security guards to residents in each
23facility; 8) the ratio of total employees to residents in each
24facility; 9) the number of residents in each facility that are
25single-celled and the number in each facility that are
26double-celled; 10) information indicating the distribution of

 

 

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1residents in each facility by the allocated floor space per
2resident; 11) a status of all capital projects currently funded
3by the Department, location of each capital project, the
4projected on-line dates for each capital project, including
5phase-in dates and full occupancy dates; 12) the projected
6adult prison facility populations of the Department for each of
7the succeeding twelve months following each reporting date,
8indicating all assumptions built into such population
9estimates; 13) the projected exits and projected admissions in
10each facility for each of the succeeding twelve months
11following each reporting date, indicating all assumptions
12built into such population estimate; and 14) the locations of
13all Department-operated or contractually operated community
14correctional centers, including the present capacity and
15population levels at each facility. The report shall also
16include the data collected under Section 3-2-12 of this Code in
17the manner required under that Section. The report to the
18General Assembly shall be filed with the Clerk of the House of
19Representatives and the Secretary of the Senate in electronic
20form only, in the manner that the Clerk and the Secretary shall
21direct.
22    (c) A copy of the report required under this Section shall
23be posted to the Department's Internet website at the time the
24report is submitted to the General Assembly.
25(Source: P.A. 99-255, eff. 1-1-16.)
 
26    Section 99. Effective date. This Act takes effect January

 

 

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11, 2019.