HB4888eng 100TH GENERAL ASSEMBLY

HB4888 Engrossed LRB100 18191 MRW 33391 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 3-5-3.1 and by adding Section 3-2-12 as follows:

(730 ILCS 5/3-2-12 new)

Sec. 3-2-12. Report of violence in Department of Corrections institutions and facilities; public safety reports.

(a) The Department of Corrections shall collect and report:

(1) data on a rate per 100 of committed persons regarding violence within Department institutions and facilities as defined under the terms, if applicable, in 20 Ill. Adm. Code 504 as follows:

(A) committed person on committed person assaults;

(B) committed person on correctional staff assaults;

(C) dangerous contraband, including weapons, explosives, dangerous chemicals, or other dangerous weapons;

(D) committed person on committed person fights;

(E) multi-committed person on single committed person fights;

(F) committed person use of a weapon on correctional staff;

(G) committed person use of a weapon on committed person;

(H) sexual assault committed by a committed person against another committed person, correctional staff, or visitor;

(I) sexual assault committed by correctional staff against another correctional staff, committed person, or visitor;

(J) correctional staff use of physical force;

(K) forced cell extraction;

(L) use of oleoresin capsaicin (pepper spray), 2-chlorobenzalmalononitrile (CS gas), or other control agents or implements;

(M) committed person suicide and attempted suicide;

(N) requests and placements in protective custody; and

(O) committed persons in segregation, secured housing, and restrictive housing; and

(2) data on average length of stay in segregation, secured housing, and restrictive housing.

(b) The Department of Corrections shall collect and report:

(1) data on a rate per 100 of committed persons regarding public safety as follows:

(A) committed persons released directly from segregation secured housing and restrictive housing to the community;

(B) committed persons who are released from Department correctional institutions and facilities who are homeless by county;

(C) committed persons in custody who have completed evidence-based programs, including:

(i) educational;

(ii) vocational;

(iii) chemical dependency;

(iv) sex offender treatment; or

(v) cognitive behavioral;

(D) committed persons who are being held in custody past their mandatory statutory release date and the reasons for their continued confinement;

(E) parole and mandatory supervised release revocation rate by county and reasons for revocation; and

(F) committed persons on parole or mandatory supervised release who have completed evidence-based programs, including:

(A) educational;

(B) vocational;

(C) chemical dependency;

(D) sex offender treatment; or

(E) cognitive behavioral; and

(2) data on the average daily population and vacancy rate of each Adult Transition Center and work camp.

(c) The data provided under subsections (a) and (b) of this Section shall be included in the Department of Corrections quarterly report to the General Assembly under Section 3-5-3.1 of this Code and shall include an aggregate chart at the agency level and individual reports by each correctional institution or facility of the Department of Corrections.

(d) The Director of Corrections shall ensure that the agency level data is reviewed by the Director's executive team on a quarterly basis. The correctional institution or facility's executive team and each chief administrative officer of the correctional institution or facility shall examine statewide and local data at least quarterly. During these reviews each chief administrative officer shall:

(1) identify trends;

(2) develop action items to mitigate the root causes of violence; and

(3) establish committees at each correctional institution or facility which shall review the violence data on a quarterly basis and develop action plans to reduce violence. These plans shall include a wide range of strategies to incentivize good conduct.

(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)

Sec. 3-5-3.1. Report to the General Assembly.

(a) As used in this Section, "facility" includes any facility of the Department of Corrections.

(b) The Department of Corrections shall, by January 1st, April 1st, July 1st, and October 1st of each year, transmit to the General Assembly, a report which shall include the following information reflecting the period ending 30 fifteen days prior to the submission of the report: 1) the number of residents in all Department facilities indicating the number of residents in each listed facility; 2) a classification of each facility's residents by the nature of the offense for which each resident was committed to the Department; 3) the number of residents in maximum, medium, and minimum security facilities indicating the classification of each facility's residents by the nature of the offense for which each resident was committed to the Department; 4) the educational and vocational programs provided at each facility and the number of residents participating in each such program; 5) the present capacity levels in each facility; 6) the projected capacity of each facility six months and one year following each reporting date; 7) the ratio of the security guards to residents in each facility; 8) the ratio of total employees to residents in each facility; 9) the number of residents in each facility that are single-celled and the number in each facility that are double-celled; 10) information indicating the distribution of residents in each facility by the allocated floor space per resident; 11) a status of all capital projects currently funded by the Department, location of each capital project, the projected on-line dates for each capital project, including phase-in dates and full occupancy dates; 12) the projected adult prison facility populations of the Department for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimates; 13) the projected exits and projected admissions in each facility for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimate; and 14) the locations of all Department-operated or contractually operated community correctional centers, including the present capacity and population levels at each facility. The report shall also include the data collected under Section 3-2-12 of this Code in the manner required under that Section. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

(c) A copy of the report required under this Section shall be posted to the Department's Internet website at the time the report is submitted to the General Assembly.

(Source: P.A. 99-255, eff. 1-1-16.)

Section 99. Effective date. This Act takes effect January 1, 2019.