HB4888ham001 100TH GENERAL ASSEMBLY

Rep. Thomas M. Bennett

Filed: 4/23/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4888

2    AMENDMENT NO. ______. Amend House Bill 4888 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

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1            (B) committed person on correctional staff
2        assaults;
3            (C) dangerous contraband, including weapons,
4        explosives, dangerous chemicals, or other dangerous
5        weapons;
6            (D) committed person on committed person fights;
7            (E) multi-committed person on single committed
8        person fights;
9            (F) committed person use of a weapon on
10        correctional staff;
11            (G) committed person use of a weapon on committed
12        person;
13            (H) sexual assault committed by a committed person
14        against another committed person, correctional staff,
15        or visitor;
16            (I) sexual assault committed by correctional staff
17        against another correctional staff, committed person,
18        or visitor;
19            (J) correctional staff use of physical force;
20            (K) forced cell extraction;
21            (L) use of oleoresin capsaicin (pepper spray),
22        2-chlorobenzalmalononitrile (CS gas), or other control
23        agents or implements;
24            (M) committed person suicide and attempted
25        suicide;
26            (N) requests and placements in protective custody;

 

 

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1        and
2            (O) committed persons in segregation, secured
3        housing, and restrictive housing; and
4        (2) data on average length of stay in segregation,
5    secured housing, and restrictive housing.
6    (b) The Department of Corrections shall collect and report:
7        (1) data on a rate per 100 of committed persons
8    regarding public safety as follows:
9            (A) committed persons released directly from
10        segregation secured housing and restrictive housing to
11        the community;
12            (B) committed persons who are released from
13        Department correctional institutions and facilities
14        who are homeless by county;
15            (C) committed persons in custody who have
16        completed evidence-based programs, including:
17                (i) educational;
18                (ii) vocational;
19                (iii) chemical dependency;
20                (iv) sex offender treatment; or
21                (v) cognitive behavioral;
22            (D) committed persons who are being held in custody
23        past their mandatory statutory release date and the
24        reasons for their continued confinement;
25            (E) parole and mandatory supervised release
26        revocation rate by county and reasons for revocation;

 

 

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1        and
2            (F) committed persons on parole or mandatory
3        supervised release who have completed evidence-based
4        programs, including:
5            (A) educational;
6            (B) vocational;
7            (C) chemical dependency;
8            (D) sex offender treatment; or
9            (E) cognitive behavioral; and
10        (2) data on the average daily population and vacancy
11    rate of each Adult Transition Center and work camp.
12    (c) The data provided under subsections (a) and (b) of this
13Section shall be included in the Department of Corrections
14quarterly report to the General Assembly under Section 3-5-3.1
15of this Code and shall include an aggregate chart at the agency
16level and individual reports by each correctional institution
17or facility of the Department of Corrections.
18    (d) The Director of Corrections shall ensure that the
19agency level data is reviewed by the Director's executive team
20on a quarterly basis. The correctional institution or
21facility's executive team and each chief administrative
22officer of the correctional institution or facility shall
23examine statewide and local data at least quarterly. During
24these reviews each chief administrative officer shall:
25        (1) identify trends;
26        (2) develop action items to mitigate the root causes of

 

 

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1    violence; and
2        (3) establish committees at each correctional
3    institution or facility which shall review the violence
4    data on a quarterly basis and develop action plans to
5    reduce violence. These plans shall include a wide range of
6    strategies to incentivize good conduct.
 
7    (730 ILCS 5/3-5-3.1)  (from Ch. 38, par. 1003-5-3.1)
8    Sec. 3-5-3.1. Report to the General Assembly.
9    (a) As used in this Section, "facility" includes any
10facility of the Department of Corrections.
11    (b) The Department of Corrections shall, by January 1st,
12April 1st, July 1st, and October 1st of each year, transmit to
13the General Assembly, a report which shall include the
14following information reflecting the period ending 30 fifteen
15days prior to the submission of the report: 1) the number of
16residents in all Department facilities indicating the number of
17residents in each listed facility; 2) a classification of each
18facility's residents by the nature of the offense for which
19each resident was committed to the Department; 3) the number of
20residents in maximum, medium, and minimum security facilities
21indicating the classification of each facility's residents by
22the nature of the offense for which each resident was committed
23to the Department; 4) the educational and vocational programs
24provided at each facility and the number of residents
25participating in each such program; 5) the present capacity

 

 

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1levels in each facility; 6) the projected capacity of each
2facility six months and one year following each reporting date;
37) the ratio of the security guards to residents in each
4facility; 8) the ratio of total employees to residents in each
5facility; 9) the number of residents in each facility that are
6single-celled and the number in each facility that are
7double-celled; 10) information indicating the distribution of
8residents in each facility by the allocated floor space per
9resident; 11) a status of all capital projects currently funded
10by the Department, location of each capital project, the
11projected on-line dates for each capital project, including
12phase-in dates and full occupancy dates; 12) the projected
13adult prison facility populations of the Department for each of
14the succeeding twelve months following each reporting date,
15indicating all assumptions built into such population
16estimates; 13) the projected exits and projected admissions in
17each facility for each of the succeeding twelve months
18following each reporting date, indicating all assumptions
19built into such population estimate; and 14) the locations of
20all Department-operated or contractually operated community
21correctional centers, including the present capacity and
22population levels at each facility. The report shall also
23include the data collected under Section 3-2-12 of this Code in
24the manner required under that Section. The report to the
25General Assembly shall be filed with the Clerk of the House of
26Representatives and the Secretary of the Senate in electronic

 

 

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1form only, in the manner that the Clerk and the Secretary shall
2direct.
3    (c) A copy of the report required under this Section shall
4be posted to the Department's Internet website at the time the
5report is submitted to the General Assembly.
6(Source: P.A. 99-255, eff. 1-1-16.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2019.".