Full Text of HB3513 102nd General Assembly
HB3513enr 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 5.935 as follows: | 6 | | (30 ILCS 105/5.935 new) | 7 | | Sec. 5.935. The Department of Juvenile Justice | 8 | | Reimbursement and Education Fund. | 9 | | Section 10. The Juvenile Court Act of 1987 is amended by | 10 | | changing Sections 5-750, 5-815, and 5-820 as follows:
| 11 | | (705 ILCS 405/5-750)
| 12 | | Sec. 5-750. Commitment to the Department of Juvenile | 13 | | Justice. | 14 | | (1) Except as provided in subsection (2) of this Section, | 15 | | when any
delinquent has been adjudged a ward of the court under | 16 | | this Act, the court may
commit him or her to the Department of | 17 | | Juvenile Justice, if it
finds
that (a) his or her parents, | 18 | | guardian or legal custodian are unfit or are
unable, for
some | 19 | | reason other than financial circumstances alone, to care for, | 20 | | protect,
train or discipline the minor, or are unwilling to do | 21 | | so,
and the best interests of the minor and
the public will not |
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| 1 | | be served by placement under Section 5-740,
or it is
necessary | 2 | | to ensure the protection of the public from the consequences | 3 | | of
criminal activity of the delinquent; and (b)
commitment to | 4 | | the Department of Juvenile Justice is the least
restrictive | 5 | | alternative based on evidence that efforts were
made to locate | 6 | | less restrictive alternatives to secure
confinement and the | 7 | | reasons why efforts were unsuccessful in
locating a less | 8 | | restrictive alternative to secure confinement. Before the | 9 | | court commits a minor to the Department of Juvenile Justice, | 10 | | it shall make a finding that secure confinement is necessary,
| 11 | | following a review of the following individualized factors: | 12 | | (A) Age of the minor. | 13 | | (B) Criminal background of the minor. | 14 | | (C) Review of results of any assessments of the minor,
| 15 | | including child centered assessments such as the CANS. | 16 | | (D) Educational background of the minor, indicating
| 17 | | whether the minor has ever been assessed for a learning
| 18 | | disability, and if so what services were provided as well | 19 | | as any disciplinary incidents at school. | 20 | | (E) Physical, mental and emotional health of the | 21 | | minor,
indicating whether the minor has ever been | 22 | | diagnosed with a
health issue and if so what services were | 23 | | provided and whether the minor was compliant with | 24 | | services. | 25 | | (F) Community based services that have been provided | 26 | | to
the minor, and whether the minor was compliant with the |
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| 1 | | services, and the reason the services were unsuccessful. | 2 | | (G) Services within the Department of Juvenile Justice
| 3 | | that will meet the individualized needs of the minor.
| 4 | | (1.5) Before the court commits a minor to the Department | 5 | | of Juvenile Justice, the court must find reasonable efforts | 6 | | have been made to prevent or eliminate the need for the minor | 7 | | to be removed from the home, or reasonable efforts cannot, at | 8 | | this time, for good cause, prevent or eliminate the need for | 9 | | removal, and removal from home is in the best interests of the | 10 | | minor, the minor's family, and the public. | 11 | | (2) When a minor of the age of at least 13 years is | 12 | | adjudged delinquent
for the offense of first degree murder, | 13 | | the court shall declare the minor a
ward of the court and order | 14 | | the minor committed to the Department of
Juvenile Justice | 15 | | until the minor's 21st birthday, without the
possibility of | 16 | | aftercare release, furlough, or non-emergency authorized | 17 | | absence for a
period of 5 years from the date the minor was | 18 | | committed to the Department of
Juvenile Justice, except that | 19 | | the time that a minor spent in custody for the instant
offense | 20 | | before being committed to the Department of Juvenile Justice | 21 | | shall be considered as time
credited towards that 5 year | 22 | | period. Upon release from a Department facility, a minor | 23 | | adjudged delinquent for first degree murder shall be placed on | 24 | | aftercare release until the age of 21, unless sooner | 25 | | discharged from aftercare release or custodianship is | 26 | | otherwise terminated in accordance with this Act or as |
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| 1 | | otherwise provided for by law. Nothing in this subsection (2) | 2 | | shall
preclude the State's Attorney from seeking to prosecute | 3 | | a minor as an adult as
an alternative to proceeding under this | 4 | | Act.
| 5 | | (3) Except as provided in subsection (2), the commitment | 6 | | of a
delinquent to the Department of Juvenile Justice shall be | 7 | | for an indeterminate term
which shall automatically terminate | 8 | | upon the delinquent attaining the age of 21
years or upon | 9 | | completion of that period for which an adult could be | 10 | | committed for the same act, whichever occurs sooner, unless | 11 | | the delinquent is sooner discharged from aftercare release or | 12 | | custodianship
is otherwise terminated in accordance with this | 13 | | Act or as otherwise provided
for by law.
| 14 | | (3.5) Every delinquent minor committed to the Department | 15 | | of Juvenile Justice under this Act shall be eligible for | 16 | | aftercare release without regard to the length of time the | 17 | | minor has been confined or whether the minor has served any | 18 | | minimum term imposed. Aftercare release shall be administered | 19 | | by the Department of Juvenile Justice, under the direction of | 20 | | the Director. Unless sooner discharged, the Department of | 21 | | Juvenile Justice shall discharge a minor from aftercare | 22 | | release upon completion of the following aftercare release | 23 | | terms: | 24 | | (a) One and a half years from the date a minor is | 25 | | released from a Department facility, if the minor was | 26 | | committed for a Class X felony; |
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| 1 | | (b) One year from the date a minor is released from a | 2 | | Department facility, if the minor was committed for a | 3 | | Class 1 or 2 felony; and | 4 | | (c) Six months from the date a minor is released from a | 5 | | Department facility, if the minor was committed for a | 6 | | Class 3 felony or lesser offense. | 7 | | (4) When the court commits a minor to the Department of | 8 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 9 | | to the appropriate reception station
or
other place designated | 10 | | by the Department of Juvenile Justice, and shall appoint the
| 11 | | Director of Juvenile Justice legal custodian of the
minor. The | 12 | | clerk of the court shall issue to the
Director of Juvenile | 13 | | Justice a certified copy of the order,
which constitutes proof | 14 | | of the Director's authority. No other process need
issue to
| 15 | | warrant the keeping of the minor.
| 16 | | (5) If a minor is committed to the Department of Juvenile | 17 | | Justice, the clerk of the court shall forward to the | 18 | | Department:
| 19 | | (a) the sentencing order and copies of committing | 20 | | petition;
| 21 | | (b) all reports;
| 22 | | (c) the court's statement of the basis for ordering | 23 | | the disposition;
| 24 | | (d) any sex offender evaluations; | 25 | | (e) any risk assessment or substance abuse treatment | 26 | | eligibility screening and assessment of the minor by an |
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| 1 | | agent designated by the State to provide assessment | 2 | | services for the courts; | 3 | | (f) the number of days, if any, which the minor has | 4 | | been in custody and for which he or she is entitled to | 5 | | credit against the sentence, which information shall be | 6 | | provided to the clerk by the sheriff; | 7 | | (g) any medical or mental health records or summaries | 8 | | of the minor; | 9 | | (h) the municipality where the arrest of the minor | 10 | | occurred, the commission of the offense occurred, and the | 11 | | minor resided at the time of commission; | 12 | | (h-5) a report detailing the minor's criminal history | 13 | | in a manner and form prescribed by the Department of | 14 | | Juvenile Justice; and | 15 | | (i) all additional matters which the court directs the | 16 | | clerk to transmit ; and . | 17 | | (j) all police reports for sex offenses as defined by | 18 | | the Sex Offender Management Board Act.
| 19 | | (6) Whenever the Department of Juvenile Justice lawfully | 20 | | discharges from its
custody and
control a minor committed to | 21 | | it, the Director of Juvenile Justice shall petition the court | 22 | | for an order terminating his or her
custodianship. The | 23 | | custodianship shall terminate automatically 30 days after
| 24 | | receipt of the petition unless the court orders otherwise.
| 25 | | (7) If, while on aftercare release, a minor committed to | 26 | | the Department of Juvenile Justice who resides in this State |
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| 1 | | is charged under the criminal laws of this State, the criminal | 2 | | laws of any other state, or federal law with an offense that | 3 | | could result in a sentence of imprisonment within the | 4 | | Department of Corrections, the penal system of any state, or | 5 | | the federal Bureau of Prisons, the commitment to the | 6 | | Department of Juvenile Justice and all rights and duties | 7 | | created by that commitment are automatically suspended pending | 8 | | final disposition of the criminal charge. If the minor is | 9 | | found guilty of the criminal charge and sentenced to a term of | 10 | | imprisonment in the penitentiary system of the Department of | 11 | | Corrections, the penal system of any state, or the federal | 12 | | Bureau of Prisons, the commitment to the Department of | 13 | | Juvenile Justice shall be automatically terminated. If the | 14 | | criminal charge is dismissed, the minor is found not guilty, | 15 | | or the minor completes a criminal sentence other than | 16 | | imprisonment within the Department of Corrections, the penal | 17 | | system of any state, or the federal Bureau of Prisons, the | 18 | | previously imposed commitment to the Department of Juvenile | 19 | | Justice and the full aftercare release term shall be | 20 | | automatically reinstated unless custodianship is sooner | 21 | | terminated. Nothing in this subsection (7) shall preclude the | 22 | | court from ordering another sentence under Section 5-710 of | 23 | | this Act or from terminating the Department's custodianship | 24 | | while the commitment to the Department is suspended. | 25 | | (Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20 .)
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| 1 | | (705 ILCS 405/5-815)
| 2 | | Sec. 5-815. Habitual Juvenile Offender.
| 3 | | (a) Definition. Any minor
having been twice adjudicated a | 4 | | delinquent minor for offenses which, had he or she
been | 5 | | prosecuted as an adult, would have been felonies under the | 6 | | laws of
this State, and who is thereafter adjudicated a | 7 | | delinquent minor for a
third time shall be adjudged an | 8 | | Habitual Juvenile Offender where:
| 9 | | 1. the third adjudication is for an offense occurring | 10 | | after
adjudication on the second; and
| 11 | | 2. the second adjudication was for an offense | 12 | | occurring after
adjudication on the first; and
| 13 | | 3. the third offense occurred after January 1, 1980; | 14 | | and
| 15 | | 4. the third offense was based upon the commission of | 16 | | or attempted
commission of the following offenses: first | 17 | | degree murder, second
degree murder or involuntary | 18 | | manslaughter; criminal sexual assault or
aggravated | 19 | | criminal sexual assault; aggravated or heinous
battery | 20 | | involving permanent disability or disfigurement or great | 21 | | bodily
harm to the victim; burglary of a home or other | 22 | | residence intended for
use as a temporary or permanent | 23 | | dwelling place for human beings; home
invasion; robbery or | 24 | | armed robbery; or aggravated arson.
| 25 | | Nothing in this Section shall preclude the State's | 26 | | Attorney from
seeking to prosecute a minor as an adult as an |
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| 1 | | alternative to
prosecution as an habitual juvenile offender.
| 2 | | A continuance under supervision authorized by Section | 3 | | 5-615 of
this Act
shall not be permitted under this Section.
| 4 | | (b) Notice to minor. The State shall serve upon the minor | 5 | | written
notice of intention to prosecute under the provisions | 6 | | of this Section within
5 judicial days of the filing of any | 7 | | delinquency petition, adjudication
upon which would mandate | 8 | | the minor's disposition as an Habitual Juvenile
Offender.
| 9 | | (c) Petition; service. A notice to seek adjudication as an
| 10 | | Habitual Juvenile Offender shall be filed only by the State's | 11 | | Attorney.
| 12 | | The petition upon which such Habitual Juvenile Offender | 13 | | notice is
based shall contain the information and averments | 14 | | required for all
other delinquency petitions filed under this | 15 | | Act and its service shall
be according to the provisions of | 16 | | this Act.
| 17 | | No prior adjudication shall be alleged in the petition.
| 18 | | (d) Trial. Trial on such petition shall be by jury unless | 19 | | the minor
demands, in open court and with advice of counsel, a | 20 | | trial by the court
without jury.
| 21 | | Except as otherwise provided herein, the provisions of | 22 | | this
Act concerning delinquency proceedings generally shall be | 23 | | applicable to
Habitual Juvenile Offender proceedings.
| 24 | | (e) Proof of prior adjudications. No evidence or other | 25 | | disclosure of prior
adjudications shall be presented
to the | 26 | | court or jury during any adjudicatory hearing provided for |
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| 1 | | under this
Section unless otherwise permitted by the issues | 2 | | properly raised in such
hearing. In the event the minor who is | 3 | | the subject of these
proceedings elects to testify on his or | 4 | | her own behalf, it shall be competent to
introduce evidence, | 5 | | for purposes of impeachment, that he or she has previously
| 6 | | been adjudicated a delinquent minor upon facts which, had he | 7 | | been tried as an
adult, would have resulted in his conviction | 8 | | of a felony or of any offense
that involved dishonesty or false | 9 | | statement. Introduction of
such evidence shall be according to | 10 | | the rules and procedures applicable to
the impeachment of an | 11 | | adult defendant by prior conviction.
| 12 | | After an admission of the facts in the petition or | 13 | | adjudication of
delinquency, the State's Attorney may file | 14 | | with the court a verified
written statement signed by the | 15 | | State's Attorney concerning any prior
adjudication of an | 16 | | offense set forth in subsection (a) of this Section
which | 17 | | offense would have been a felony or of any offense that | 18 | | involved
dishonesty or false statement had the minor been | 19 | | tried as an adult.
| 20 | | The court shall then cause the minor to be brought before | 21 | | it; shall
inform him or her of the allegations of the statement | 22 | | so filed, and of his
or her right to a hearing before the court | 23 | | on the issue of such prior
adjudication and of his right to | 24 | | counsel at such hearing; and unless the
minor admits such | 25 | | adjudication, the court shall hear and determine such
issue, | 26 | | and shall make a written finding thereon.
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| 1 | | A duly authenticated copy of the record of any such | 2 | | alleged prior
adjudication shall be prima facie evidence of | 3 | | such prior adjudication or of
any offense that involved | 4 | | dishonesty or false statement.
| 5 | | Any claim that a previous adjudication offered by the | 6 | | State's
Attorney is not a former adjudication of an offense | 7 | | which, had the minor
been prosecuted as an adult, would have | 8 | | resulted in his conviction of a
felony or of any offense that | 9 | | involved dishonesty or false statement, is
waived unless duly | 10 | | raised at the hearing on such
adjudication, or unless the | 11 | | State's Attorney's proof shows that such
prior adjudication | 12 | | was not based upon proof of what would have been a
felony.
| 13 | | (f) Disposition. If the court finds that the prerequisites | 14 | | established in
subsection (a)
of this Section have been | 15 | | proven, it shall adjudicate the minor a an Habitual
Juvenile | 16 | | Offender and commit him or her him to the Department of | 17 | | Juvenile Justice for a period of time as provided in | 18 | | subsection (3) of Section 5-750, subject to the target release | 19 | | date provisions as provided in subsection (c) of Section | 20 | | 3-2.5-85 of the Unified Code of Corrections. until his 21st | 21 | | birthday, without possibility of aftercare release,
furlough, | 22 | | or non-emergency authorized absence.
However, the minor shall | 23 | | be entitled to earn one day of good conduct credit
for each day | 24 | | served as reductions against the period of his confinement.
| 25 | | Such good conduct credits shall be earned or revoked according | 26 | | to the
procedures applicable to the allowance and revocation |
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| 1 | | of good conduct
credit for adult prisoners serving determinate | 2 | | sentences for felonies.
| 3 | | For purposes of determining good conduct credit, | 4 | | commitment as an Habitual
Juvenile Offender shall be | 5 | | considered a determinate commitment, and the
difference | 6 | | between the date of the commitment and the minor's 21st | 7 | | birthday
shall be considered the determinate period of his | 8 | | confinement.
| 9 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 10 | | (705 ILCS 405/5-820)
| 11 | | Sec. 5-820. Violent Juvenile Offender.
| 12 | | (a) Definition. A minor having
been previously adjudicated | 13 | | a delinquent minor for an offense which, had he or
she been | 14 | | prosecuted as an adult, would have been a Class 2 or greater | 15 | | felony
involving the use or
threat of physical force or | 16 | | violence against an individual or a Class 2 or
greater felony | 17 | | for
which an element of the offense is possession or use of a | 18 | | firearm, and who is
thereafter adjudicated a delinquent minor | 19 | | for a second time for any of those
offenses shall be | 20 | | adjudicated a Violent Juvenile Offender if:
| 21 | | (1) The second adjudication is for an offense | 22 | | occurring after adjudication
on the first; and
| 23 | | (2) The second offense occurred on or after January 1, | 24 | | 1995.
| 25 | | (b) Notice to minor. The State shall serve upon the minor |
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| 1 | | written notice of
intention to prosecute under the provisions | 2 | | of this Section within 5 judicial
days of the filing of a | 3 | | delinquency petition, adjudication upon which would
mandate | 4 | | the minor's disposition as a Violent Juvenile Offender.
| 5 | | (c) Petition; service. A notice to seek adjudication as a | 6 | | Violent Juvenile
Offender shall be filed only by the State's | 7 | | Attorney.
| 8 | | The petition upon which the Violent Juvenile Offender | 9 | | notice is based shall
contain the information and averments | 10 | | required for all other delinquency
petitions filed under this | 11 | | Act and its service shall be according to the
provisions of | 12 | | this Act.
| 13 | | No prior adjudication shall be alleged in the petition.
| 14 | | (d) Trial. Trial on the petition shall be by jury unless | 15 | | the minor demands,
in open court and with advice of counsel, a | 16 | | trial by the court without a jury.
| 17 | | Except as otherwise provided in this Section, the | 18 | | provisions of this Act
concerning delinquency proceedings | 19 | | generally shall be applicable to Violent
Juvenile Offender | 20 | | proceedings.
| 21 | | (e) Proof of prior adjudications. No evidence or other | 22 | | disclosure of prior
adjudications shall be presented to the | 23 | | court or jury during an adjudicatory
hearing provided for | 24 | | under this Section unless otherwise permitted by the
issues | 25 | | properly raised in that hearing. In the event the minor who is | 26 | | the
subject of these proceedings elects to testify on his or |
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| 1 | | her own behalf, it
shall be competent to introduce evidence, | 2 | | for purposes of impeachment, that he
or she has previously | 3 | | been adjudicated a delinquent minor upon facts which, had
the | 4 | | minor been tried as an adult, would have resulted in the | 5 | | minor's conviction
of a felony or of any offense that involved | 6 | | dishonesty or false statement.
Introduction of such evidence | 7 | | shall be according to the rules and
procedures applicable to | 8 | | the impeachment of an adult defendant by prior
conviction.
| 9 | | After an admission of the facts in the petition or | 10 | | adjudication of
delinquency, the State's Attorney may file | 11 | | with the court a verified written
statement signed by the | 12 | | State's Attorney concerning any prior adjudication of
an | 13 | | offense set forth in subsection (a) of this Section that would | 14 | | have
been a felony or of any offense that involved
dishonesty | 15 | | or false statement had the minor been tried as an adult.
| 16 | | The court shall then cause the minor to be brought before | 17 | | it; shall inform
the minor of the allegations of the statement | 18 | | so filed, of his or her right to
a hearing before the court on | 19 | | the issue of the prior adjudication and of his or
her right to | 20 | | counsel at the hearing; and unless the minor admits the
| 21 | | adjudication, the court shall hear and determine the issue, | 22 | | and shall make a
written finding of the issue.
| 23 | | A duly authenticated copy of the record of any alleged | 24 | | prior
adjudication shall be prima facie evidence of the prior | 25 | | adjudication or of any
offense that involved dishonesty or | 26 | | false statement.
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| 1 | | Any claim that a previous adjudication offered by the | 2 | | State's Attorney is not
a former adjudication of an offense | 3 | | which, had the minor been prosecuted as an
adult, would have | 4 | | resulted in his or her conviction of a Class 2 or greater
| 5 | | felony involving the
use or threat of force or violence, or a | 6 | | firearm, a felony or of any offense
that involved dishonesty | 7 | | or false statement is waived unless duly raised
at the hearing | 8 | | on the adjudication, or unless the State's Attorney's proof
| 9 | | shows that the prior adjudication was not based upon proof of | 10 | | what would have
been a felony.
| 11 | | (f) Disposition. If the court finds that the prerequisites | 12 | | established in
subsection (a) of this Section have been | 13 | | proven, it shall adjudicate the minor
a Violent Juvenile | 14 | | Offender and commit the minor to the Department of
Juvenile | 15 | | Justice for a period of time as provided in subsection (3) of | 16 | | Section 5-750, subject to the target release date provisions | 17 | | in subsection (c) of Section 3-2.5-85 of the Unified Code of | 18 | | Corrections until his or her 21st birthday, without | 19 | | possibility of aftercare release, furlough, or non-emergency | 20 | | authorized absence. However, the minor
shall be entitled to | 21 | | earn one day of good conduct credit for each day served as
| 22 | | reductions against the period of his or her confinement. The | 23 | | good conduct
credits shall be earned or revoked according to | 24 | | the procedures applicable to
the allowance and revocation of | 25 | | good conduct credit for adult prisoners serving
determinate | 26 | | sentences for felonies .
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| 1 | | For purposes of determining good conduct credit, | 2 | | commitment as a Violent
Juvenile Offender shall be considered | 3 | | a determinate commitment, and the
difference between the date | 4 | | of the commitment and the minor's 21st birthday
shall be | 5 | | considered the determinate period of his or her confinement.
| 6 | | (g) Nothing in this Section shall preclude the State's | 7 | | Attorney from seeking
to prosecute a minor as a habitual | 8 | | juvenile offender or as an adult as an
alternative to | 9 | | prosecution as a Violent Juvenile Offender.
| 10 | | (h) A continuance under supervision authorized by Section | 11 | | 5-615
of this Act
shall not be permitted under this Section.
| 12 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 13 | | Section 15. The Unified Code of Corrections is amended by | 14 | | changing Sections 3-2-2, 3-2.5-20, 3-2.5-85, 3-4-1, 3-6-2, | 15 | | 3-10-8, and 5-8-4 as follows:
| 16 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 17 | | Sec. 3-2-2. Powers and duties of the Department.
| 18 | | (1) In addition to the powers, duties, and | 19 | | responsibilities which are
otherwise provided by law, the | 20 | | Department shall have the following powers:
| 21 | | (a) To accept persons committed to it by the courts of | 22 | | this State for
care, custody, treatment and | 23 | | rehabilitation, and to accept federal prisoners and aliens | 24 | | over whom the Office of the Federal Detention Trustee is |
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| 1 | | authorized to exercise the federal detention function for | 2 | | limited purposes and periods of time.
| 3 | | (b) To develop and maintain reception and evaluation | 4 | | units for purposes
of analyzing the custody and | 5 | | rehabilitation needs of persons committed to
it and to | 6 | | assign such persons to institutions and programs under its | 7 | | control
or transfer them to other appropriate agencies. In | 8 | | consultation with the
Department of Alcoholism and | 9 | | Substance Abuse (now the Department of Human
Services), | 10 | | the Department of Corrections
shall develop a master plan | 11 | | for the screening and evaluation of persons
committed to | 12 | | its custody who have alcohol or drug abuse problems, and | 13 | | for
making appropriate treatment available to such | 14 | | persons; the Department
shall report to the General | 15 | | Assembly on such plan not later than April 1,
1987. The | 16 | | maintenance and implementation of such plan shall be | 17 | | contingent
upon the availability of funds.
| 18 | | (b-1) To create and implement, on January 1, 2002, a | 19 | | pilot
program to
establish the effectiveness of | 20 | | pupillometer technology (the measurement of the
pupil's
| 21 | | reaction to light) as an alternative to a urine test for | 22 | | purposes of screening
and evaluating
persons committed to | 23 | | its custody who have alcohol or drug problems. The
pilot | 24 | | program shall require the pupillometer technology to be | 25 | | used in at
least one Department of
Corrections facility. | 26 | | The Director may expand the pilot program to include an
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| 1 | | additional facility or
facilities as he or she deems | 2 | | appropriate.
A minimum of 4,000 tests shall be included in | 3 | | the pilot program.
The
Department must report to the
| 4 | | General Assembly on the
effectiveness of the program by | 5 | | January 1, 2003.
| 6 | | (b-5) To develop, in consultation with the Department | 7 | | of State Police, a
program for tracking and evaluating | 8 | | each inmate from commitment through release
for recording | 9 | | his or her gang affiliations, activities, or ranks.
| 10 | | (c) To maintain and administer all State correctional | 11 | | institutions and
facilities under its control and to | 12 | | establish new ones as needed. Pursuant
to its power to | 13 | | establish new institutions and facilities, the Department
| 14 | | may, with the written approval of the Governor, authorize | 15 | | the Department of
Central Management Services to enter | 16 | | into an agreement of the type
described in subsection (d) | 17 | | of Section 405-300 of the
Department
of Central Management | 18 | | Services Law (20 ILCS 405/405-300). The Department shall
| 19 | | designate those institutions which
shall constitute the | 20 | | State Penitentiary System. The Department of Juvenile | 21 | | Justice shall maintain and administer all State youth | 22 | | centers pursuant to subsection (d) of Section 3-2.5-20.
| 23 | | Pursuant to its power to establish new institutions | 24 | | and facilities, the
Department may authorize the | 25 | | Department of Central Management Services to
accept bids | 26 | | from counties and municipalities for the construction,
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| 1 | | remodeling or conversion of a structure to be leased to | 2 | | the Department of
Corrections for the purposes of its | 3 | | serving as a correctional institution
or facility. Such | 4 | | construction, remodeling or conversion may be financed
| 5 | | with revenue bonds issued pursuant to the Industrial | 6 | | Building Revenue Bond
Act by the municipality or county. | 7 | | The lease specified in a bid shall be
for a term of not | 8 | | less than the time needed to retire any revenue bonds
used | 9 | | to finance the project, but not to exceed 40 years. The | 10 | | lease may
grant to the State the option to purchase the | 11 | | structure outright.
| 12 | | Upon receipt of the bids, the Department may certify | 13 | | one or more of the
bids and shall submit any such bids to | 14 | | the General Assembly for approval.
Upon approval of a bid | 15 | | by a constitutional majority of both houses of the
General | 16 | | Assembly, pursuant to joint resolution, the Department of | 17 | | Central
Management Services may enter into an agreement | 18 | | with the county or
municipality pursuant to such bid.
| 19 | | (c-5) To build and maintain regional juvenile | 20 | | detention centers and to
charge a per diem to the counties | 21 | | as established by the Department to defray
the costs of | 22 | | housing each minor in a center. In this subsection (c-5),
| 23 | | "juvenile
detention center" means a facility to house | 24 | | minors during pendency of trial who
have been transferred | 25 | | from proceedings under the Juvenile Court Act of 1987 to
| 26 | | prosecutions under the criminal laws of this State in |
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| 1 | | accordance with Section
5-805 of the Juvenile Court Act of | 2 | | 1987, whether the transfer was by operation
of
law or | 3 | | permissive under that Section. The Department shall | 4 | | designate the
counties to be served by each regional | 5 | | juvenile detention center.
| 6 | | (d) To develop and maintain programs of control, | 7 | | rehabilitation and
employment of committed persons within | 8 | | its institutions.
| 9 | | (d-5) To provide a pre-release job preparation program | 10 | | for inmates at Illinois adult correctional centers.
| 11 | | (d-10) To provide educational and visitation | 12 | | opportunities to committed persons within its institutions | 13 | | through temporary access to content-controlled tablets | 14 | | that may be provided as a privilege to committed persons | 15 | | to induce or reward compliance. | 16 | | (e) To establish a system of supervision and guidance | 17 | | of committed persons
in the community.
| 18 | | (f) To establish in cooperation with the Department of | 19 | | Transportation
to supply a sufficient number of prisoners | 20 | | for use by the Department of
Transportation to clean up | 21 | | the trash and garbage along State, county,
township, or | 22 | | municipal highways as designated by the Department of
| 23 | | Transportation. The Department of Corrections, at the | 24 | | request of the
Department of Transportation, shall furnish | 25 | | such prisoners at least
annually for a period to be agreed | 26 | | upon between the Director of
Corrections and the Secretary |
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| 1 | | of Transportation. The prisoners used on this
program | 2 | | shall be selected by the Director of Corrections on | 3 | | whatever basis
he deems proper in consideration of their | 4 | | term, behavior and earned eligibility
to participate in | 5 | | such program - where they will be outside of the prison
| 6 | | facility but still in the custody of the Department of | 7 | | Corrections. Prisoners
convicted of first degree murder, | 8 | | or a Class X felony, or armed violence, or
aggravated | 9 | | kidnapping, or criminal sexual assault, aggravated | 10 | | criminal sexual
abuse or a subsequent conviction for | 11 | | criminal sexual abuse, or forcible
detention, or arson, or | 12 | | a prisoner adjudged a Habitual Criminal shall not be
| 13 | | eligible for selection to participate in such program. The | 14 | | prisoners shall
remain as prisoners in the custody of the | 15 | | Department of Corrections and such
Department shall | 16 | | furnish whatever security is necessary. The Department of
| 17 | | Transportation shall furnish trucks and equipment for the | 18 | | highway cleanup
program and personnel to supervise and | 19 | | direct the program. Neither the
Department of Corrections | 20 | | nor the Department of Transportation shall replace
any | 21 | | regular employee with a prisoner.
| 22 | | (g) To maintain records of persons committed to it and | 23 | | to establish
programs of research, statistics and | 24 | | planning.
| 25 | | (h) To investigate the grievances of any person | 26 | | committed to the
Department and to inquire into any |
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| 1 | | alleged misconduct by employees
or committed persons; and | 2 | | for
these purposes it may issue subpoenas and compel the | 3 | | attendance of witnesses
and the production of writings and | 4 | | papers, and may examine under oath any
witnesses who may | 5 | | appear before it; to also investigate alleged violations
| 6 | | of a parolee's or releasee's conditions of parole or | 7 | | release; and for this
purpose it may issue subpoenas and | 8 | | compel the attendance of witnesses and
the production of | 9 | | documents only if there is reason to believe that such
| 10 | | procedures would provide evidence that such violations | 11 | | have occurred.
| 12 | | If any person fails to obey a subpoena issued under | 13 | | this subsection,
the Director may apply to any circuit | 14 | | court to secure compliance with the
subpoena. The failure | 15 | | to comply with the order of the court issued in
response | 16 | | thereto shall be punishable as contempt of court.
| 17 | | (i) To appoint and remove the chief administrative | 18 | | officers, and
administer
programs of training and | 19 | | development of personnel of the Department. Personnel
| 20 | | assigned by the Department to be responsible for the
| 21 | | custody and control of committed persons or to investigate | 22 | | the alleged
misconduct of committed persons or employees | 23 | | or alleged violations of a
parolee's or releasee's | 24 | | conditions of parole shall be conservators of the peace
| 25 | | for those purposes, and shall have the full power of peace | 26 | | officers outside
of the facilities of the Department in |
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| 1 | | the protection, arrest, retaking
and reconfining of | 2 | | committed persons or where the exercise of such power
is | 3 | | necessary to the investigation of such misconduct or | 4 | | violations. This subsection shall not apply to persons | 5 | | committed to the Department of Juvenile Justice under the | 6 | | Juvenile Court Act of 1987 on aftercare release.
| 7 | | (j) To cooperate with other departments and agencies | 8 | | and with local
communities for the development of | 9 | | standards and programs for better
correctional services in | 10 | | this State.
| 11 | | (k) To administer all moneys and properties of the | 12 | | Department.
| 13 | | (l) To report annually to the Governor on the | 14 | | committed
persons, institutions and programs of the | 15 | | Department.
| 16 | | (l-5) (Blank).
| 17 | | (m) To make all rules and regulations and exercise all | 18 | | powers and duties
vested by law in the Department.
| 19 | | (n) To establish rules and regulations for | 20 | | administering a system of
sentence credits, established in | 21 | | accordance with Section 3-6-3, subject
to review by the | 22 | | Prisoner Review Board.
| 23 | | (o) To administer the distribution of funds
from the | 24 | | State Treasury to reimburse counties where State penal
| 25 | | institutions are located for the payment of assistant | 26 | | state's attorneys'
salaries under Section 4-2001 of the |
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| 1 | | Counties Code.
| 2 | | (p) To exchange information with the Department of | 3 | | Human Services and the
Department of Healthcare and Family | 4 | | Services
for the purpose of verifying living arrangements | 5 | | and for other purposes
directly connected with the | 6 | | administration of this Code and the Illinois
Public Aid | 7 | | Code.
| 8 | | (q) To establish a diversion program.
| 9 | | The program shall provide a structured environment for | 10 | | selected
technical parole or mandatory supervised release | 11 | | violators and committed
persons who have violated the | 12 | | rules governing their conduct while in work
release. This | 13 | | program shall not apply to those persons who have | 14 | | committed
a new offense while serving on parole or | 15 | | mandatory supervised release or
while committed to work | 16 | | release.
| 17 | | Elements of the program shall include, but shall not | 18 | | be limited to, the
following:
| 19 | | (1) The staff of a diversion facility shall | 20 | | provide supervision in
accordance with required | 21 | | objectives set by the facility.
| 22 | | (2) Participants shall be required to maintain | 23 | | employment.
| 24 | | (3) Each participant shall pay for room and board | 25 | | at the facility on a
sliding-scale basis according to | 26 | | the participant's income.
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| 1 | | (4) Each participant shall:
| 2 | | (A) provide restitution to victims in | 3 | | accordance with any court order;
| 4 | | (B) provide financial support to his | 5 | | dependents; and
| 6 | | (C) make appropriate payments toward any other | 7 | | court-ordered
obligations.
| 8 | | (5) Each participant shall complete community | 9 | | service in addition to
employment.
| 10 | | (6) Participants shall take part in such | 11 | | counseling, educational and
other programs as the | 12 | | Department may deem appropriate.
| 13 | | (7) Participants shall submit to drug and alcohol | 14 | | screening.
| 15 | | (8) The Department shall promulgate rules | 16 | | governing the administration
of the program.
| 17 | | (r) To enter into intergovernmental cooperation | 18 | | agreements under which
persons in the custody of the | 19 | | Department may participate in a county impact
| 20 | | incarceration program established under Section 3-6038 or | 21 | | 3-15003.5 of the
Counties Code.
| 22 | | (r-5) (Blank).
| 23 | | (r-10) To systematically and routinely identify with | 24 | | respect to each
streetgang active within the correctional | 25 | | system: (1) each active gang; (2)
every existing | 26 | | inter-gang affiliation or alliance; and (3) the current |
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| 1 | | leaders
in each gang. The Department shall promptly | 2 | | segregate leaders from inmates who
belong to their gangs | 3 | | and allied gangs. "Segregate" means no physical contact
| 4 | | and, to the extent possible under the conditions and space | 5 | | available at the
correctional facility, prohibition of | 6 | | visual and sound communication. For the
purposes of this | 7 | | paragraph (r-10), "leaders" means persons who:
| 8 | | (i) are members of a criminal streetgang;
| 9 | | (ii) with respect to other individuals within the | 10 | | streetgang, occupy a
position of organizer, | 11 | | supervisor, or other position of management or
| 12 | | leadership; and
| 13 | | (iii) are actively and personally engaged in | 14 | | directing, ordering,
authorizing, or requesting | 15 | | commission of criminal acts by others, which are
| 16 | | punishable as a felony, in furtherance of streetgang | 17 | | related activity both
within and outside of the | 18 | | Department of Corrections.
| 19 | | "Streetgang", "gang", and "streetgang related" have the | 20 | | meanings ascribed to
them in Section 10 of the Illinois | 21 | | Streetgang Terrorism Omnibus Prevention
Act.
| 22 | | (s) To operate a super-maximum security institution, | 23 | | in order to
manage and
supervise inmates who are | 24 | | disruptive or dangerous and provide for the safety
and | 25 | | security of the staff and the other inmates.
| 26 | | (t) To monitor any unprivileged conversation or any |
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| 1 | | unprivileged
communication, whether in person or by mail, | 2 | | telephone, or other means,
between an inmate who, before | 3 | | commitment to the Department, was a member of an
organized | 4 | | gang and any other person without the need to show cause or | 5 | | satisfy
any other requirement of law before beginning the | 6 | | monitoring, except as
constitutionally required. The | 7 | | monitoring may be by video, voice, or other
method of | 8 | | recording or by any other means. As used in this | 9 | | subdivision (1)(t),
"organized gang" has the meaning | 10 | | ascribed to it in Section 10 of the Illinois
Streetgang | 11 | | Terrorism Omnibus Prevention Act.
| 12 | | As used in this subdivision (1)(t), "unprivileged | 13 | | conversation" or
"unprivileged communication" means a | 14 | | conversation or communication that is not
protected by any | 15 | | privilege recognized by law or by decision, rule, or order | 16 | | of
the Illinois Supreme Court.
| 17 | | (u) To establish a Women's and Children's Pre-release | 18 | | Community
Supervision
Program for the purpose of providing | 19 | | housing and services to eligible female
inmates, as | 20 | | determined by the Department, and their newborn and young
| 21 | | children.
| 22 | | (u-5) To issue an order, whenever a person committed | 23 | | to the Department absconds or absents himself or herself, | 24 | | without authority to do so, from any facility or program | 25 | | to which he or she is assigned. The order shall be | 26 | | certified by the Director, the Supervisor of the |
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| 1 | | Apprehension Unit, or any person duly designated by the | 2 | | Director, with the seal of the Department affixed. The | 3 | | order shall be directed to all sheriffs, coroners, and | 4 | | police officers, or to any particular person named in the | 5 | | order. Any order issued pursuant to this subdivision (1) | 6 | | (u-5) shall be sufficient warrant for the officer or | 7 | | person named in the order to arrest and deliver the | 8 | | committed person to the proper correctional officials and | 9 | | shall be executed the same as criminal process. | 10 | | (v) To do all other acts necessary to carry out the | 11 | | provisions
of this Chapter.
| 12 | | (2) The Department of Corrections shall by January 1, | 13 | | 1998, consider
building and operating a correctional facility | 14 | | within 100 miles of a county of
over 2,000,000 inhabitants, | 15 | | especially a facility designed to house juvenile
participants | 16 | | in the impact incarceration program.
| 17 | | (3) When the Department lets bids for contracts for | 18 | | medical
services to be provided to persons committed to | 19 | | Department facilities by
a health maintenance organization, | 20 | | medical service corporation, or other
health care provider, | 21 | | the bid may only be let to a health care provider
that has | 22 | | obtained an irrevocable letter of credit or performance bond
| 23 | | issued by a company whose bonds have an investment grade or | 24 | | higher rating by a bond rating
organization.
| 25 | | (4) When the Department lets bids for
contracts for food | 26 | | or commissary services to be provided to
Department |
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| 1 | | facilities, the bid may only be let to a food or commissary
| 2 | | services provider that has obtained an irrevocable letter of
| 3 | | credit or performance bond issued by a company whose bonds | 4 | | have an investment grade or higher rating by a bond rating | 5 | | organization.
| 6 | | (5) On and after the date 6 months after August 16, 2013 | 7 | | (the effective date of Public Act 98-488), as provided in the | 8 | | Executive Order 1 (2012) Implementation Act, all of the | 9 | | powers, duties, rights, and responsibilities related to State | 10 | | healthcare purchasing under this Code that were transferred | 11 | | from the Department of Corrections to the Department of | 12 | | Healthcare and Family Services by Executive Order 3 (2005) are | 13 | | transferred back to the Department of Corrections; however, | 14 | | powers, duties, rights, and responsibilities related to State | 15 | | healthcare purchasing under this Code that were exercised by | 16 | | the Department of Corrections before the effective date of | 17 | | Executive Order 3 (2005) but that pertain to individuals | 18 | | resident in facilities operated by the Department of Juvenile | 19 | | Justice are transferred to the Department of Juvenile Justice. | 20 | | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; | 21 | | 101-235, eff. 1-1-20 .)
| 22 | | (730 ILCS 5/3-2.5-20)
| 23 | | Sec. 3-2.5-20. General powers and duties. | 24 | | (a) In addition to the powers, duties, and | 25 | | responsibilities which are otherwise provided by law or |
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| 1 | | transferred to the Department as a result of this Article, the | 2 | | Department, as determined by the Director, shall have, but is | 3 | | are not limited to, the following rights, powers, functions , | 4 | | and duties: | 5 | | (1) To accept juveniles committed to it by the courts | 6 | | of this State for care, custody, treatment, and | 7 | | rehabilitation. | 8 | | (2) To maintain and administer all State juvenile | 9 | | youth centers correctional institutions previously under | 10 | | the control of the Juvenile and Women's & Children | 11 | | Divisions of the Department of Corrections, and to | 12 | | establish and maintain youth centers institutions as | 13 | | needed to meet the needs of the youth committed to its | 14 | | care. | 15 | | (3) To identify the need for and recommend the funding | 16 | | and implementation of an appropriate mix of programs and | 17 | | services within the juvenile justice continuum, including , | 18 | | but not limited to , prevention, nonresidential and | 19 | | residential commitment programs, day treatment, and | 20 | | conditional release programs and services, with the | 21 | | support of educational, vocational, alcohol, drug abuse, | 22 | | and mental health services where appropriate. | 23 | | (3.5) To assist youth committed to the Department of | 24 | | Juvenile Justice under the Juvenile Court Act of 1987 with | 25 | | successful reintegration into society, the Department | 26 | | shall retain custody and control of all adjudicated |
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| 1 | | delinquent juveniles released under Section 3-2.5-85 or | 2 | | 3-3-10 of this Code, shall provide a continuum of | 3 | | post-release treatment and services to those youth, and | 4 | | shall supervise those youth during their release period in | 5 | | accordance with the conditions set by the Department or | 6 | | the Prisoner Review Board. | 7 | | (4) To establish and provide transitional and | 8 | | post-release treatment programs for juveniles committed to | 9 | | the Department. Services shall include , but are not | 10 | | limited to: | 11 | | (i) family and individual counseling and treatment | 12 | | placement; | 13 | | (ii) referral services to any other State or local | 14 | | agencies; | 15 | | (iii) mental health services; | 16 | | (iv) educational services; | 17 | | (v) family counseling services; and | 18 | | (vi) substance abuse services. | 19 | | (5) To access vital records of juveniles for the | 20 | | purposes of providing necessary documentation for | 21 | | transitional services such as obtaining identification, | 22 | | educational enrollment, employment, and housing. | 23 | | (6) To develop staffing and workload standards and | 24 | | coordinate staff development and training appropriate for | 25 | | juvenile populations. | 26 | | (6.5) To develop policies and procedures promoting |
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| 1 | | family engagement and visitation appropriate for juvenile | 2 | | populations. | 3 | | (7) To develop, with the approval of the Office of the | 4 | | Governor and the Governor's Office of Management and | 5 | | Budget, annual budget requests.
| 6 | | (8) To administer the Interstate Compact for | 7 | | Juveniles, with respect to all juveniles under its | 8 | | jurisdiction, and to cooperate with the Department of | 9 | | Human Services with regard to all non-offender juveniles | 10 | | subject to the Interstate Compact for Juveniles. | 11 | | (9) To decide the date of release on aftercare for | 12 | | youth committed to the Department under Section 5-750 of | 13 | | the Juvenile Court Act of 1987. | 14 | | (10) To set conditions of aftercare release for all | 15 | | youth committed to the Department under the Juvenile Court | 16 | | Act of 1987.
| 17 | | (b) The Department may employ personnel in accordance with | 18 | | the Personnel Code and Section 3-2.5-15 of this Code, provide | 19 | | facilities, contract for goods and services, and adopt rules | 20 | | as necessary to carry out its functions and purposes, all in | 21 | | accordance with applicable State and federal law.
| 22 | | (c) On and after the date 6 months after August 16, 2013 | 23 | | (the effective date of Public Act 98-488), as provided in the | 24 | | Executive Order 1 (2012) Implementation Act, all of the | 25 | | powers, duties, rights, and responsibilities related to State | 26 | | healthcare purchasing under this Code that were transferred |
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| 1 | | from the Department of Corrections to the Department of | 2 | | Healthcare and Family Services by Executive Order 3 (2005) are | 3 | | transferred back to the Department of Corrections; however, | 4 | | powers, duties, rights, and responsibilities related to State | 5 | | healthcare purchasing under this Code that were exercised by | 6 | | the Department of Corrections before the effective date of | 7 | | Executive Order 3 (2005) but that pertain to individuals | 8 | | resident in facilities operated by the Department of Juvenile | 9 | | Justice are transferred to the Department of Juvenile Justice. | 10 | | (d) To maintain and administer all State youth centers and | 11 | | facilities under its control and to establish new ones as | 12 | | needed. Pursuant to its power to establish new youth centers | 13 | | and facilities, the Department may, with the written approval | 14 | | of the Governor, authorize the Department of Central | 15 | | Management Services to enter into an agreement of the type | 16 | | described in subsection (d) of Section 405-300 of the | 17 | | Department of Central Management Services Law. The Department | 18 | | shall designate those institutions which shall constitute the | 19 | | Youth Corrections System. | 20 | | Pursuant to its power to establish new institutions and | 21 | | facilities, the Department may authorize the Department of | 22 | | Central Management Services to accept bids from counties and | 23 | | municipalities for the construction, remodeling or conversion | 24 | | of a structure to be leased to the Department of Juvenile | 25 | | Justice for the purposes of its serving as a youth center or | 26 | | facility. Such construction, remodeling or conversion may be |
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| 1 | | financed with revenue bonds issued pursuant to the Industrial | 2 | | Building Revenue Bond Act by the municipality or county. The | 3 | | lease specified in a bid shall be for a term of not less than | 4 | | the time needed to retire any revenue bonds used to finance the | 5 | | project, but not to exceed 40 years. The lease may grant to the | 6 | | State the option to purchase the structure outright. | 7 | | Upon receipt of the bids, the Department may certify one | 8 | | or more of the bids and shall submit any such bids to the | 9 | | General Assembly for approval. Upon approval of a bid by a | 10 | | constitutional majority of both houses of the General | 11 | | Assembly, pursuant to joint resolution, the Department of | 12 | | Central Management Services may enter into an agreement with | 13 | | the county or municipality pursuant to such bid. | 14 | | (Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.) | 15 | | (730 ILCS 5/3-2.5-85) | 16 | | Sec. 3-2.5-85. Eligibility for release; determination. | 17 | | (a) Every youth committed to the Department of Juvenile | 18 | | Justice under Section 5-750 of the Juvenile Court Act of 1987, | 19 | | except those committed for first degree murder, shall be: | 20 | | (1) Eligible for aftercare release without regard to | 21 | | the length of time the youth has been confined or whether | 22 | | the youth has served any minimum term imposed. | 23 | | (2) Placed on aftercare release on or before his or | 24 | | her 20th birthday or upon completion of the maximum term | 25 | | of confinement ordered by the court under Section 5-710 of |
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| 1 | | the Juvenile Court Act of 1987, whichever is sooner. | 2 | | (3) Considered for aftercare release at least 30 days | 3 | | prior to the expiration of the first year of confinement | 4 | | and at least annually thereafter. | 5 | | (b) This Section does not apply to the initial release of | 6 | | youth committed to the Department under Section 5-815 or 5-820 | 7 | | of the Juvenile Court Act of 1987. Those youth shall be | 8 | | released by the Department upon completion of the determinate | 9 | | sentence established under this Code. Subsections (d) through | 10 | | (l) of this Section do not apply when a youth is released under | 11 | | paragraph (2) of subsection (a) of this Section or the youth's | 12 | | release is otherwise required by law or ordered by the court. | 13 | | Youth who have been tried as an adult and committed to the | 14 | | Department under Section 5-8-6 of this Code are only eligible | 15 | | for mandatory supervised release as an adult under Section | 16 | | 3-3-3 of this Code. | 17 | | (c) The Department shall establish a process for deciding | 18 | | the date of release on aftercare for every youth committed to | 19 | | the Department of Juvenile Justice under Section 5-750 of the | 20 | | Juvenile Court Act of 1987. The process shall include | 21 | | establishing a target release date upon commitment to the | 22 | | Department, the regular review and appropriate adjustment of | 23 | | the target release date, and the final release consideration | 24 | | at least 30 days prior to the youth's target release date. The | 25 | | establishment, adjustment, and final consideration of the | 26 | | target release date shall include consideration of the |
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| 1 | | following factors: | 2 | | (1) the nature and seriousness of the youth's offense; | 3 | | (2) the likelihood the youth will reoffend or will | 4 | | pose a danger to the community based on an assessment of | 5 | | the youth's risks, strengths, and behavior; and | 6 | | (3) the youth's progress since being committed to the | 7 | | Department. | 8 | | The target release date for youth committed to the | 9 | | Department for first degree murder shall not precede the | 10 | | minimum period of confinement provided in Section 5-750 of the | 11 | | Juvenile Court Act of 1987. These youth shall be considered | 12 | | for release upon completion of their minimum term of | 13 | | confinement and at least annually thereafter. The target | 14 | | release date for youth committed to the Department as a | 15 | | Habitual Juvenile Offender or Violent Juvenile Offender under | 16 | | Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall | 17 | | be extended by not less than 12 months. | 18 | | (d) If the youth being considered for aftercare release | 19 | | has a petition or any written submissions prepared on his or | 20 | | her behalf by an attorney or other representative, the | 21 | | attorney or representative for the youth must serve by | 22 | | certified mail the State's Attorney of the county where the | 23 | | youth was prosecuted with the petition or any written | 24 | | submissions 15 days prior to the youth's target release date. | 25 | | (e) In making its determination of aftercare release, the | 26 | | Department shall consider: |
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| 1 | | (1) material transmitted to the Department by the | 2 | | clerk of the committing court under Section 5-750 of the | 3 | | Juvenile Court Act of 1987; | 4 | | (2) the report under Section 3-10-2; | 5 | | (3) a report by the Department and any report by the | 6 | | chief administrative officer of the institution or | 7 | | facility; | 8 | | (4) an aftercare release progress report; | 9 | | (5) a medical and psychological report, if available; | 10 | | (6) material in writing, or on film, video tape or | 11 | | other electronic means in the form of a recording | 12 | | submitted by the youth whose aftercare release is being | 13 | | considered; | 14 | | (7) material in writing, or on film, video tape or | 15 | | other electronic means in the form of a recording or | 16 | | testimony submitted by the State's Attorney and the victim | 17 | | or a concerned citizen under the Rights of Crime Victims | 18 | | and Witnesses Act; and | 19 | | (8) the youth's eligibility for commitment under the | 20 | | Sexually Violent Persons Commitment Act. | 21 | | (f) The prosecuting State's Attorney's office shall | 22 | | receive from the Department reasonable written notice not less | 23 | | than 30 days prior to the target release date and may submit | 24 | | relevant information by oral argument or testimony of victims | 25 | | and concerned citizens, or both, in writing, or on film, video | 26 | | tape or other electronic means or in the form of a recording to |
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| 1 | | the Department for its consideration. The State's Attorney may | 2 | | waive the written notice of the target release date at any | 3 | | time. Upon written request of the State's Attorney's office, | 4 | | provided the request is received within 15 days of receipt of | 5 | | the written notice of the target release date, the Department | 6 | | shall hear protests to aftercare release. If a State's | 7 | | Attorney requests a protest hearing, the committed youth's | 8 | | attorney or other representative shall also receive notice of | 9 | | the request and a copy of any information submitted by the | 10 | | State's Attorney. This hearing shall take place prior to the | 11 | | youth's aftercare release. The Department shall schedule the | 12 | | protest hearing date, providing at least 15 days' notice to | 13 | | the State's Attorney. If the protest hearing is rescheduled, | 14 | | the Department shall promptly notify the State's Attorney of | 15 | | the new date. | 16 | | (g) The victim of the violent crime for which the youth has | 17 | | been sentenced shall receive notice of the target release date | 18 | | as provided in paragraph (4) of subsection (d) of Section 4.5 | 19 | | of the Rights of Crime Victims and Witnesses Act. | 20 | | (h) The Department shall not release any material to the | 21 | | youth, the youth's attorney, any third party, or any other | 22 | | person containing any information from the victim or from a | 23 | | person related to the victim by blood, adoption, or marriage | 24 | | who has written objections, testified at any hearing, or | 25 | | submitted audio or visual objections to the youth's aftercare | 26 | | release, unless provided with a waiver from that objecting |
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| 1 | | party. The Department shall not release the names or addresses | 2 | | of any person on its victim registry to any other person except | 3 | | the victim, a law enforcement agency, or other victim | 4 | | notification system. | 5 | | (i) Any recording considered under the provisions of | 6 | | paragraph (6) or (7) of subsection (e) or subsection (f) of | 7 | | this Section shall be in the form designated by the | 8 | | Department. The recording shall be both visual and aural. | 9 | | Every voice on the recording and person present shall be | 10 | | identified and the recording shall contain either a visual or | 11 | | aural statement of the person submitting the recording, the | 12 | | date of the recording, and the name of the youth whose | 13 | | aftercare release is being considered. The recordings shall be | 14 | | retained by the Department and shall be considered during any | 15 | | subsequent aftercare release decision if the victim or State's | 16 | | Attorney submits in writing a declaration clearly identifying | 17 | | the recording as representing the position of the victim or | 18 | | State's Attorney regarding the release of the youth. | 19 | | (j) The Department shall not release a youth eligible for | 20 | | aftercare release if it determines that: | 21 | | (1) there is a substantial risk that he or she will not | 22 | | conform to reasonable conditions of aftercare release; | 23 | | (2) his or her release at that time would deprecate | 24 | | the seriousness of his or her offense or promote | 25 | | disrespect for the law; or | 26 | | (3) his or her release would have a substantially |
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| 1 | | adverse effect on institutional discipline. | 2 | | (k) The Department shall render its release decision and | 3 | | shall state the basis therefor both in the records of the | 4 | | Department and in written notice to the youth who was | 5 | | considered for aftercare release. In its decision, the | 6 | | Department shall set the youth's time for aftercare release, | 7 | | or if it denies aftercare release it shall provide for | 8 | | reconsideration of aftercare release not less frequently than | 9 | | once each year. | 10 | | (l) The Department shall ensure all evaluations and | 11 | | proceedings under the Sexually Violent Persons Commitment Act | 12 | | are completed prior to any youth's release, when applicable. | 13 | | (m) Any youth whose aftercare release has been revoked by | 14 | | the Prisoner Review Board under Section 3-3-9.5 of this Code | 15 | | may be rereleased to the full aftercare release term by the | 16 | | Department at any time in accordance with this Section. Youth | 17 | | rereleased under this subsection shall be subject to Sections | 18 | | 3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5 | 19 | | of this Code. | 20 | | (n) The Department shall adopt rules regarding the | 21 | | exercise of its discretion under this Section.
| 22 | | (Source: P.A. 99-628, eff. 1-1-17 .)
| 23 | | (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
| 24 | | Sec. 3-4-1.
Gifts and Grants; Special Trusts Funds; | 25 | | Department of
Corrections Reimbursement and Education Fund.
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| 1 | | (a) The Department may accept, receive and use, for and in | 2 | | behalf of the
State, any moneys, goods or services given for | 3 | | general purposes of this
Code by the federal government or | 4 | | from any other source, public
or private, including | 5 | | collections from inmates, reimbursement of payments
under the | 6 | | Workers' Compensation Act, and commissions from inmate collect | 7 | | call
telephone systems under an agreement with the Department | 8 | | of Central Management
Services. For these purposes the | 9 | | Department may comply with such
conditions and enter into such | 10 | | agreements upon such covenants, terms, and
conditions as the | 11 | | Department may deem necessary or desirable, if the
agreement | 12 | | is not in conflict with State law.
| 13 | | (a-5) Beginning January 1, 2018, the Department of Central | 14 | | Management Services shall contract with the
qualified vendor | 15 | | who proposes the lowest per minute rate not exceeding 7 cents | 16 | | per minute for
debit, prepaid, collect calls and who does not | 17 | | bill to any party any tax, service charge, or additional fee
| 18 | | exceeding the per minute rate, including, but not limited to, | 19 | | any per call surcharge, account set up
fee, bill statement | 20 | | fee, monthly account maintenance charge, or refund fee as | 21 | | established by the
Federal Communications Commission Order for | 22 | | state prisons in the Matter of Rates for Interstate
Inmate | 23 | | Calling Services, Second Report and Order, WC Docket 12-375, | 24 | | FCC 15-136 (adopted Oct. 22,
2015). Telephone services made | 25 | | available through a prepaid or collect call system shall
| 26 | | include international calls; those calls shall be made |
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| 1 | | available at reasonable rates subject to Federal
| 2 | | Communications Commission rules and regulations, but not to | 3 | | exceed 23 cents per minute. This amendatory Act of the 99th | 4 | | General Assembly applies to any new or renewal contract for | 5 | | inmate calling services. | 6 | | (b) On July 1, 1998, the Department of Corrections | 7 | | Reimbursement Fund
and the Department of Corrections Education | 8 | | Fund shall be combined into a
single fund to be known as the | 9 | | Department of Corrections Reimbursement and
Education Fund, | 10 | | which is hereby created as a special fund in the State
| 11 | | Treasury. The moneys deposited into the Department of | 12 | | Corrections
Reimbursement and Education Fund shall be | 13 | | appropriated to the
Department of Corrections for the expenses | 14 | | of the Department.
| 15 | | The following shall be deposited into the Department of | 16 | | Corrections
Reimbursement and Education Fund:
| 17 | | (i) Moneys received or recovered by the Department of | 18 | | Corrections as
reimbursement for expenses incurred for the | 19 | | incarceration of committed persons.
| 20 | | (ii) Moneys received or recovered by the Department as | 21 | | reimbursement
of payments made under the Workers' | 22 | | Compensation Act.
| 23 | | (iii) Moneys received by the Department as commissions | 24 | | from inmate
collect call telephone systems.
| 25 | | (iv) Moneys received or recovered by the Department as | 26 | | reimbursement for
expenses incurred by the employment of |
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| 1 | | persons referred to the Department as
participants in the | 2 | | federal Job Training Partnership Act programs.
| 3 | | (v) Federal moneys, including reimbursement and | 4 | | advances for
services rendered or to be rendered and | 5 | | moneys for other than educational
purposes, under grant or | 6 | | contract.
| 7 | | (vi) Moneys identified for deposit into the Fund under | 8 | | Section 13-44.4
of the School Code.
| 9 | | (vii) Moneys in the Department of Corrections | 10 | | Reimbursement Fund and
the Department of Corrections | 11 | | Education Fund at the close of business
on June 30, 1998. | 12 | | (c) The Department of Juvenile Justice Reimbursement and | 13 | | Education Fund is created as a special fund in the State | 14 | | Treasury. The moneys deposited into the Department of Juvenile | 15 | | Justice Reimbursement Fund and Education shall be appropriated | 16 | | to the Department of Juvenile Justice for the expenses of the | 17 | | Department. The following moneys shall be deposited into the | 18 | | Department of Juvenile Justice Reimbursement Fund and | 19 | | Education Fund: | 20 | | (i) received or recovered by the Department of | 21 | | Juvenile Justice as reimbursement for expenses incurred | 22 | | for the incarceration of committed youth; | 23 | | (ii) received or recovered by the Department as | 24 | | reimbursement of payments made under the Workers' | 25 | | Compensation Act; | 26 | | (iii) received or recovered by the Department as |
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| 1 | | reimbursement for expenses incurred by the employment of | 2 | | persons referred to the Department as participants in the | 3 | | federal Job Training Partnership Act programs; | 4 | | (iv) federal moneys, including reimbursement and | 5 | | advances for services rendered or to be rendered and | 6 | | moneys for other than educational purposes, under grant or | 7 | | contract; and | 8 | | (v) moneys identified for deposit into the Fund under | 9 | | Section 13-44.4 of the School Code.
| 10 | | (Source: P.A. 99-878, eff. 1-1-17 .)
| 11 | | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 12 | | Sec. 3-6-2. Institutions and facility administration.
| 13 | | (a) Each institution and facility of the Department shall | 14 | | be
administered by a chief administrative officer appointed by
| 15 | | the Director. A chief administrative officer shall be
| 16 | | responsible for all persons assigned to the institution or
| 17 | | facility. The chief administrative officer shall administer
| 18 | | the programs of the Department for the custody and treatment
| 19 | | of such persons.
| 20 | | (b) The chief administrative officer shall have such | 21 | | assistants
as the Department may assign.
| 22 | | (c) The Director or Assistant Director shall have the
| 23 | | emergency powers to temporarily transfer individuals without
| 24 | | formal procedures to any State, county, municipal or regional
| 25 | | correctional or detention institution or facility in the |
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| 1 | | State,
subject to the acceptance of such receiving institution | 2 | | or
facility, or to designate any reasonably secure place in | 3 | | the
State as such an institution or facility and to make | 4 | | transfers
thereto. However, transfers made under emergency | 5 | | powers shall
be reviewed as soon as practicable under Article | 6 | | 8, and shall
be subject to Section 5-905 of the Juvenile Court | 7 | | Act of
1987. This Section shall not apply to transfers to the | 8 | | Department of
Human Services which are provided for under
| 9 | | Section 3-8-5 or Section 3-10-5.
| 10 | | (d) The Department of Juvenile Justice shall provide | 11 | | educational programs for all
committed youth persons so that | 12 | | all youth persons have an opportunity to
attain the | 13 | | achievement level equivalent to the completion of
the twelfth | 14 | | grade in the public school system in this State.
Other higher | 15 | | levels of attainment shall be encouraged and
professional | 16 | | instruction shall be maintained wherever possible.
The | 17 | | Department may establish programs of mandatory education and | 18 | | may
establish rules and regulations for the administration of | 19 | | such programs.
A person committed to the Department of | 20 | | Corrections who, during the period of his or her
| 21 | | incarceration, participates in an educational program provided | 22 | | by or through
the Department of Corrections and through that | 23 | | program is awarded or earns the number of
hours of credit | 24 | | required for the award of an associate, baccalaureate, or
| 25 | | higher degree from a community college, college, or university | 26 | | located in
Illinois shall reimburse the State, through the |
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| 1 | | Department of Corrections , for the costs
incurred by the State | 2 | | in providing that person during his or her incarceration
with | 3 | | the education that qualifies him or her for the award of that | 4 | | degree. The
costs for which reimbursement is required under | 5 | | this subsection shall be
determined and computed by the | 6 | | Department of Corrections under rules and regulations that
it | 7 | | shall establish for that purpose. However, interest at the | 8 | | rate of 6%
per annum shall be charged on the balance of those | 9 | | costs from time to time
remaining unpaid, from the date of the | 10 | | person's parole, mandatory supervised
release, or release | 11 | | constituting a final termination of his or her commitment
to | 12 | | the Department of Corrections until paid.
| 13 | | (d-5) A person committed to the Department is entitled to | 14 | | confidential testing for infection with human immunodeficiency | 15 | | virus (HIV) and to counseling in connection with such testing, | 16 | | with no copay to the committed person. A person committed to | 17 | | the Department who has tested positive for infection with HIV | 18 | | is entitled to medical care while incarcerated, counseling, | 19 | | and referrals to support services, in connection with that | 20 | | positive test result. Implementation of this subsection (d-5) | 21 | | is subject to appropriation.
| 22 | | (e) A person committed to the Department who becomes in | 23 | | need
of medical or surgical treatment but is incapable of | 24 | | giving
consent thereto shall receive such medical or surgical | 25 | | treatment
by the chief administrative officer consenting on | 26 | | the person's behalf.
Before the chief administrative officer |
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| 1 | | consents, he or she shall
obtain the advice of one or more | 2 | | physicians licensed to practice medicine
in all its branches | 3 | | in this State. If such physician or physicians advise:
| 4 | | (1) that immediate medical or surgical treatment is | 5 | | required
relative to a condition threatening to cause | 6 | | death, damage or
impairment to bodily functions, or | 7 | | disfigurement; and
| 8 | | (2) that the person is not capable of giving consent | 9 | | to such treatment;
the chief administrative officer may | 10 | | give consent for such
medical or surgical treatment, and | 11 | | such consent shall be
deemed to be the consent of the | 12 | | person for all purposes,
including, but not limited to, | 13 | | the authority of a physician
to give such treatment. | 14 | | (e-5) If a physician providing medical care to a committed | 15 | | person on behalf of the Department advises the chief | 16 | | administrative officer that the committed person's mental or | 17 | | physical health has deteriorated as a result of the cessation | 18 | | of ingestion of food or liquid to the point where medical or | 19 | | surgical treatment is required to prevent death, damage, or | 20 | | impairment to bodily functions, the chief administrative | 21 | | officer may authorize such medical or surgical treatment.
| 22 | | (f) In the event that the person requires medical care and
| 23 | | treatment at a place other than the institution or facility,
| 24 | | the person may be removed therefrom under conditions | 25 | | prescribed
by the Department. Neither the Department of | 26 | | Corrections nor the Department of Juvenile Justice may require |
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| 1 | | a committed person or person committed to any facility | 2 | | operated by the Department of Juvenile Justice, as set
forth | 3 | | in Section 3-2.5-15 of this Code, to pay any co-payment for | 4 | | receiving medical or dental services.
| 5 | | (f-5) The Department shall comply with the Health Care | 6 | | Violence Prevention Act. | 7 | | (g) Any person having sole custody of a child at
the time | 8 | | of commitment or any woman giving birth to a child after
her | 9 | | commitment, may arrange through the Department of Children
and | 10 | | Family Services for suitable placement of the child outside
of | 11 | | the Department of Corrections. The Director of the Department
| 12 | | of Corrections may determine that there are special reasons | 13 | | why
the child should continue in the custody of the mother | 14 | | until the
child is 6 years old.
| 15 | | (h) The Department may provide Family Responsibility | 16 | | Services which
may consist of, but not be limited to the | 17 | | following:
| 18 | | (1) family advocacy counseling;
| 19 | | (2) parent self-help group;
| 20 | | (3) parenting skills training;
| 21 | | (4) parent and child overnight program;
| 22 | | (5) parent and child reunification counseling, either | 23 | | separately or
together, preceding the inmate's release; | 24 | | and
| 25 | | (6) a prerelease reunification staffing involving the | 26 | | family advocate,
the inmate and the child's counselor, or |
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| 1 | | both and the inmate.
| 2 | | (i) (Blank).
| 3 | | (j) Any person convicted of a sex offense as defined in the | 4 | | Sex Offender
Management Board Act shall be required to receive | 5 | | a sex offender evaluation
prior to release into the community | 6 | | from the Department of Corrections. The
sex offender | 7 | | evaluation shall be conducted in conformance with the | 8 | | standards
and guidelines developed under
the Sex Offender | 9 | | Management Board Act and by an evaluator approved by the
| 10 | | Board.
| 11 | | (k) Any minor committed to the Department of Juvenile | 12 | | Justice
for a sex offense as defined by the Sex Offender | 13 | | Management Board Act shall be
required to undergo sex offender | 14 | | treatment by a treatment provider approved by
the Board and | 15 | | conducted in conformance with the Sex Offender Management | 16 | | Board
Act.
| 17 | | (l) Prior to the release of any inmate committed to a | 18 | | facility of the Department or the Department of Juvenile | 19 | | Justice, the Department must provide the inmate with | 20 | | appropriate information verbally, in writing, by video, or | 21 | | other electronic means, concerning HIV and AIDS. The | 22 | | Department shall develop the informational materials in | 23 | | consultation with the Department of Public Health. At the same | 24 | | time, the Department must also offer the committed person the | 25 | | option of testing for infection with human immunodeficiency | 26 | | virus (HIV), with no copayment for the test. Pre-test |
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| 1 | | information shall be provided to the committed person and | 2 | | informed consent obtained as required in subsection (d) of | 3 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 4 | | Department may conduct opt-out HIV testing as defined in | 5 | | Section 4 of the AIDS Confidentiality Act. If the Department | 6 | | conducts opt-out HIV testing, the Department shall place signs | 7 | | in English, Spanish and other languages as needed in multiple, | 8 | | highly visible locations in the area where HIV testing is | 9 | | conducted informing inmates that they will be tested for HIV | 10 | | unless they refuse, and refusal or acceptance of testing shall | 11 | | be documented in the inmate's medical record. The Department | 12 | | shall follow procedures established by the Department of | 13 | | Public Health to conduct HIV testing and testing to confirm | 14 | | positive HIV test results. All testing must be conducted by | 15 | | medical personnel, but pre-test and other information may be | 16 | | provided by committed persons who have received appropriate | 17 | | training. The Department, in conjunction with the Department | 18 | | of Public Health, shall develop a plan that complies with the | 19 | | AIDS Confidentiality Act to deliver confidentially all | 20 | | positive or negative HIV test results to inmates or former | 21 | | inmates. Nothing in this Section shall require the Department | 22 | | to offer HIV testing to an inmate who is known to be infected | 23 | | with HIV, or who has been tested for HIV within the previous | 24 | | 180 days and whose documented HIV test result is available to | 25 | | the Department electronically. The
testing provided under this | 26 | | subsection (l) shall consist of a test approved by the |
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| 1 | | Illinois Department of Public Health to determine the presence | 2 | | of HIV infection, based upon recommendations of the United | 3 | | States Centers for Disease Control and Prevention. If the test | 4 | | result is positive, a reliable supplemental test based upon | 5 | | recommendations of the United States Centers for Disease | 6 | | Control and Prevention shall be
administered.
| 7 | | Prior to the release of an inmate who the Department knows | 8 | | has tested positive for infection with HIV, the Department in | 9 | | a timely manner shall offer the inmate transitional case | 10 | | management, including referrals to other support services.
| 11 | | (m) The chief administrative officer of each institution | 12 | | or facility of the Department shall make a room in the | 13 | | institution or facility available for substance use disorder | 14 | | services to be provided to committed persons on a voluntary | 15 | | basis. The services shall be provided for one hour once a week | 16 | | at a time specified by the chief administrative officer of the | 17 | | institution or facility if the following conditions are met: | 18 | | (1) the substance use disorder service contacts the | 19 | | chief administrative officer to arrange the meeting; | 20 | | (2) the committed person may attend the meeting for | 21 | | substance use disorder services only if the committed | 22 | | person uses pre-existing free time already available to | 23 | | the committed person; | 24 | | (3) all disciplinary and other rules of the | 25 | | institution or facility remain in effect; | 26 | | (4) the committed person is not given any additional |
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| 1 | | privileges to attend substance use disorder services; | 2 | | (5) if the substance use disorder service does not | 3 | | arrange for scheduling a meeting for that week, no | 4 | | substance use disorder services shall be provided to the | 5 | | committed person in the institution or facility for that | 6 | | week; | 7 | | (6) the number of committed persons who may attend a | 8 | | substance use disorder meeting shall not exceed 40 during | 9 | | any session held at the correctional institution or | 10 | | facility; | 11 | | (7) a volunteer seeking to provide substance use | 12 | | disorder services under this subsection (m) must submit an | 13 | | application to the Department of Corrections under | 14 | | existing Department rules and the Department must review | 15 | | the application within 60 days after submission of the | 16 | | application to the Department; and | 17 | | (8) each institution and facility of the Department | 18 | | shall manage the substance use disorder services program | 19 | | according to its own processes and procedures. | 20 | | For the purposes of this subsection (m), "substance use | 21 | | disorder services" means recovery services for persons with | 22 | | substance use disorders provided by volunteers of recovery | 23 | | support services recognized by the Department of Human | 24 | | Services. | 25 | | (Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19; | 26 | | 101-81, eff. 7-12-19; 101-86, eff. 1-1-20 .)
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| 1 | | (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
| 2 | | Sec. 3-10-8. Discipline.) | 3 | | (a)(1) Corporal punishment and
disciplinary restrictions | 4 | | on diet, medical or sanitary facilities,
clothing, bedding or | 5 | | mail are prohibited, as are reductions in
the frequency of use | 6 | | of toilets, washbowls and showers.
| 7 | | (2) Disciplinary restrictions on visitation, work, | 8 | | education
or program assignments, the use of toilets, | 9 | | washbowls
and showers shall be related as closely as | 10 | | practicable to
abuse of such privileges or facilities. This | 11 | | paragraph shall
not apply to segregation or isolation of | 12 | | persons for purposes
of institutional control.
| 13 | | (3) No person committed to the Department of Juvenile | 14 | | Justice may be
isolated for disciplinary reasons for more than | 15 | | 7 consecutive
days nor more than 15 days out of any 30 day | 16 | | period except in
cases of violence or attempted violence | 17 | | committed against
another person or property when an | 18 | | additional period of
isolation for disciplinary reasons is | 19 | | approved by the chief
administrative officer. A person who has | 20 | | been isolated for
24 hours or more shall be interviewed daily | 21 | | by his staff
counselor or other staff member .
| 22 | | (b) The Department of Juvenile Justice shall establish | 23 | | rules and
regulations governing disciplinary practices, the | 24 | | penalties
for violation thereof, and the disciplinary | 25 | | procedure by which
such penalties may be imposed. The rules of |
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| 1 | | behavior shall be
made known to each committed person, and the | 2 | | discipline shall
be suited to the infraction and fairly | 3 | | applied.
| 4 | | (c) All disciplinary action imposed upon persons in
| 5 | | institutions and facilities of the Department of Juvenile | 6 | | Justice shall
be consistent with this Section and Department | 7 | | rules and
regulations adopted hereunder.
| 8 | | (d) Disciplinary action imposed under this Section shall | 9 | | be
reviewed by the grievance procedure under Section 3-8-8.
| 10 | | (e) A written report of any infraction for which | 11 | | discipline
is imposed shall be filed with the chief | 12 | | administrative officer
within 72 hours of the occurrence of | 13 | | the infraction or the
discovery of it and such report shall be | 14 | | placed in the file
of the institution or facility.
| 15 | | (f) All institutions and facilities of the Department of | 16 | | Juvenile Justice
shall establish, subject to the approval of | 17 | | the Director of Juvenile Justice,
procedures for disciplinary | 18 | | cases except those that may
involve the imposition of | 19 | | disciplinary isolation; delay in
referral to the Prisoner | 20 | | Review Parole and Pardon Board or a change in work,
education | 21 | | or other program assignment of more than 7 days duration.
| 22 | | (g) In disciplinary cases which may involve the imposition
| 23 | | of disciplinary isolation, delay in referral to the Prisoner | 24 | | Review Parole
and Pardon Board, or a change in work, education | 25 | | or other
program assignment of more than 7 days duration, the | 26 | | Director
shall establish disciplinary procedures consistent |
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| 1 | | with the
following principles:
| 2 | | (1) Any person or persons who initiate a disciplinary | 3 | | charge
against a person shall not decide the charge. To | 4 | | the extent
possible, a person representing the counseling | 5 | | staff of the
institution or facility shall participate in | 6 | | deciding the
disciplinary case.
| 7 | | (2) Any committed person charged with a violation of
| 8 | | Department rules of behavior shall be given notice of the
| 9 | | charge including a statement of the misconduct alleged and | 10 | | of
the rules this conduct is alleged to violate.
| 11 | | (3) Any person charged with a violation of rules is | 12 | | entitled
to a hearing on that charge at which time he shall | 13 | | have an
opportunity to appear before and address the | 14 | | person or persons
deciding the charge.
| 15 | | (4) The person or persons deciding the charge may also | 16 | | summon
to testify any witnesses or other persons with | 17 | | relevant
knowledge of the incident. The person charged may | 18 | | be
permitted to question any person so summoned.
| 19 | | (5) If the charge is sustained, the person charged is | 20 | | entitled
to a written statement of the decision by the | 21 | | persons deciding
the charge which shall include the basis | 22 | | for the decision and
the disciplinary action, if any, to | 23 | | be imposed.
| 24 | | (6) A change in work, education, or other program | 25 | | assignment
shall not be used for disciplinary purposes | 26 | | except as provided
in paragraph (a) of the Section and |
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| 1 | | then only after review and
approval under Section 3-10-3.
| 2 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 3 | | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| 4 | | Sec. 5-8-4. Concurrent and consecutive terms of | 5 | | imprisonment.
| 6 | | (a) Concurrent terms; multiple or additional sentences. | 7 | | When an Illinois court (i) imposes multiple sentences of | 8 | | imprisonment on a defendant at the same time or (ii) imposes a | 9 | | sentence of imprisonment on a defendant who is already subject | 10 | | to a sentence of imprisonment imposed by an Illinois court, a | 11 | | court of another state, or a federal court, then the sentences | 12 | | shall run concurrently unless otherwise determined by the | 13 | | Illinois court under this Section. | 14 | | (b) Concurrent terms; misdemeanor and felony. A defendant | 15 | | serving a sentence for a
misdemeanor who is convicted of a | 16 | | felony and sentenced to imprisonment shall be transferred to | 17 | | the Department of Corrections, and the misdemeanor sentence | 18 | | shall be merged in and run concurrently with the felony | 19 | | sentence. | 20 | | (c) Consecutive terms; permissive. The court may impose | 21 | | consecutive sentences in any of the following circumstances: | 22 | | (1) If, having regard to the nature and circumstances | 23 | | of the offense and the history
and character of the | 24 | | defendant, it is the opinion of the court that consecutive | 25 | | sentences are
required to protect the public from further |
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| 1 | | criminal conduct by the defendant, the basis for which the | 2 | | court shall set forth in the record. | 3 | | (2) If one of the offenses for which a defendant was | 4 | | convicted was a violation of
Section 32-5.2 (aggravated | 5 | | false personation of a peace officer) of the Criminal Code | 6 | | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | 7 | | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | 9 | | offense was committed in attempting or committing a | 10 | | forcible felony.
| 11 | | (d) Consecutive terms; mandatory. The court shall impose | 12 | | consecutive sentences in each of the following circumstances: | 13 | | (1) One of the offenses for which the defendant was | 14 | | convicted was first degree
murder or a Class X or Class 1 | 15 | | felony and the defendant inflicted severe bodily injury. | 16 | | (2) The defendant was convicted of a violation of | 17 | | Section 11-1.20 or 12-13 (criminal sexual
assault), | 18 | | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | 19 | | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | 20 | | child) of the Criminal Code of 1961 or the Criminal Code of | 21 | | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | 22 | | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | 23 | | 5/12-14.1). | 24 | | (2.5) The defendant was convicted of a violation of | 25 | | paragraph (1), (2), (3), (4), (5), or (7) of subsection | 26 | | (a) of Section 11-20.1 (child pornography) or of paragraph |
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| 1 | | (1), (2), (3), (4), (5), or (7) of subsection (a) of | 2 | | Section 11-20.1B or 11-20.3 (aggravated child pornography) | 3 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 4 | | or the defendant was convicted of a violation of paragraph | 5 | | (6) of subsection (a) of Section 11-20.1 (child | 6 | | pornography) or of paragraph (6) of subsection (a) of | 7 | | Section 11-20.1B or 11-20.3 (aggravated child pornography) | 8 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 9 | | when the child depicted is under the age of 13. | 10 | | (3) The defendant was convicted of armed violence | 11 | | based upon the predicate
offense of any of the following: | 12 | | solicitation of murder, solicitation of murder for hire, | 13 | | heinous battery as described in Section 12-4.1 or | 14 | | subdivision (a)(2) of Section 12-3.05, aggravated battery | 15 | | of a senior citizen as described in Section 12-4.6 or | 16 | | subdivision (a)(4) of Section 12-3.05, criminal sexual | 17 | | assault, a violation of subsection (g) of Section 5 of the | 18 | | Cannabis Control Act (720 ILCS 550/5), cannabis | 19 | | trafficking, a violation of subsection (a) of Section 401 | 20 | | of the Illinois Controlled Substances Act (720 ILCS | 21 | | 570/401), controlled substance trafficking involving a | 22 | | Class X felony amount of controlled substance under | 23 | | Section 401 of the Illinois Controlled Substances Act (720 | 24 | | ILCS 570/401), a violation of the Methamphetamine Control | 25 | | and Community Protection Act (720 ILCS 646/), calculated | 26 | | criminal drug conspiracy, or streetgang criminal drug |
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| 1 | | conspiracy. | 2 | | (4) The defendant was convicted of the offense of | 3 | | leaving the scene of a motor
vehicle accident involving | 4 | | death or personal injuries under Section 11-401 of the | 5 | | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | 6 | | aggravated driving under the influence of alcohol, other | 7 | | drug or drugs, or intoxicating compound or compounds, or | 8 | | any combination thereof under Section 11-501 of the | 9 | | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | 10 | | homicide under Section 9-3 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | 12 | | offense described in item (A) and an offense described in | 13 | | item (B). | 14 | | (5) The defendant was convicted of a violation of | 15 | | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | 16 | | death) or Section 12-20.5 (dismembering a human body) of | 17 | | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | 18 | | ILCS 5/9-3.1 or 5/12-20.5). | 19 | | (5.5) The defendant was convicted of a violation of | 20 | | Section 24-3.7 (use of a stolen firearm in the commission | 21 | | of an offense) of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012. | 23 | | (6) If the defendant was in the custody of the | 24 | | Department of Corrections at the
time of the commission of | 25 | | the offense, the sentence shall be served consecutive to | 26 | | the sentence under which the defendant is held by the |
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| 1 | | Department of Corrections. If, however, the defendant is | 2 | | sentenced to punishment by death, the sentence shall be | 3 | | executed at such time as the court may fix without regard | 4 | | to the sentence under which the defendant may be held by | 5 | | the Department. | 6 | | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | 7 | | for escape or attempted escape shall be served
consecutive | 8 | | to the terms under which the offender is held by the | 9 | | Department of Corrections. | 10 | | (8) If a person charged with a felony commits a | 11 | | separate felony while on pretrial
release or in pretrial | 12 | | detention in a county jail facility or county detention | 13 | | facility, then the sentences imposed upon conviction of | 14 | | these felonies shall be served consecutively regardless of | 15 | | the order in which the judgments of conviction are | 16 | | entered. | 17 | | (8.5) If a person commits a battery against a county | 18 | | correctional officer or sheriff's employee while serving a | 19 | | sentence or in pretrial detention in a county jail | 20 | | facility, then the sentence imposed upon conviction of the | 21 | | battery shall be served consecutively with the sentence | 22 | | imposed upon conviction of the earlier misdemeanor or | 23 | | felony, regardless of the order in which the
judgments of | 24 | | conviction are entered. | 25 | | (9) If a person admitted to bail following conviction | 26 | | of a felony commits a
separate felony while free on bond or |
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| 1 | | if a person detained in a county jail facility or county | 2 | | detention facility following conviction of a felony | 3 | | commits a separate felony while in detention, then any | 4 | | sentence following conviction of the separate felony shall | 5 | | be consecutive to that of the original sentence for which | 6 | | the defendant was on bond or detained.
| 7 | | (10) If a person is found to be in possession of an | 8 | | item of contraband, as defined in Section 31A-0.1 of the | 9 | | Criminal Code of 2012, while serving a sentence in a | 10 | | county jail or while in pre-trial detention in a county | 11 | | jail, the sentence imposed upon conviction for the offense | 12 | | of possessing contraband in a penal institution shall be | 13 | | served consecutively to the sentence imposed for the | 14 | | offense in which the person is serving sentence in the | 15 | | county jail or serving pretrial detention, regardless of | 16 | | the order in which the judgments of conviction are | 17 | | entered. | 18 | | (11) If a person is sentenced for a violation of bail | 19 | | bond under Section 32-10 of the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012, any sentence imposed for that | 21 | | violation shall be served
consecutive to the sentence | 22 | | imposed for the charge for which bail had been
granted and | 23 | | with respect to which the defendant has been convicted. | 24 | | (e) Consecutive terms; subsequent non-Illinois term. If an | 25 | | Illinois court has imposed a
sentence of imprisonment on a | 26 | | defendant and the defendant is subsequently sentenced to a |
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| 1 | | term of imprisonment by a court of another state or a federal | 2 | | court, then the Illinois sentence shall run consecutively to | 3 | | the sentence imposed by the court of the other state or the | 4 | | federal court. That same Illinois court, however, may order | 5 | | that the Illinois sentence run concurrently with the sentence | 6 | | imposed by the court of the other state or the federal court, | 7 | | but only if the defendant applies to that same Illinois court | 8 | | within 30 days after the sentence imposed by the court of the | 9 | | other state or the federal court is finalized. | 10 | | (f) Consecutive terms; aggregate maximums and minimums. | 11 | | The aggregate maximum
and aggregate minimum of consecutive | 12 | | sentences shall be determined as follows: | 13 | | (1) For sentences imposed under law in effect prior to | 14 | | February 1, 1978, the
aggregate maximum of consecutive | 15 | | sentences shall not exceed the maximum term authorized | 16 | | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | 17 | | Chapter V for the 2 most serious felonies involved. The | 18 | | aggregate minimum period of consecutive sentences shall | 19 | | not exceed the highest minimum term authorized under | 20 | | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | 21 | | V for the 2 most serious felonies involved. When sentenced | 22 | | only for misdemeanors, a defendant shall not be | 23 | | consecutively sentenced to more than the maximum for one | 24 | | Class A misdemeanor. | 25 | | (2) For sentences imposed under the law in effect on | 26 | | or after February 1, 1978,
the aggregate of consecutive |
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| 1 | | sentences for offenses that were committed as part of a | 2 | | single
course of conduct during which there was no | 3 | | substantial change in the nature of the criminal objective | 4 | | shall not exceed the sum of the maximum terms authorized | 5 | | under Article 4.5 of Chapter V for the 2 most serious | 6 | | felonies involved, but no such limitation shall apply for | 7 | | offenses that were not committed as part of a single | 8 | | course of conduct during which there was no substantial | 9 | | change in the nature of the criminal objective. When | 10 | | sentenced only for misdemeanors, a defendant shall not be | 11 | | consecutively sentenced to more than the maximum for one | 12 | | Class A misdemeanor.
| 13 | | (g) Consecutive terms; manner served. In determining the | 14 | | manner in which consecutive sentences of imprisonment, one or | 15 | | more of which is for a felony, will be served, the Department | 16 | | of Corrections shall treat the defendant as though he or she | 17 | | had been committed for a single term subject to each of the | 18 | | following: | 19 | | (1) The maximum period of a term of imprisonment shall | 20 | | consist of the aggregate
of the maximums of the imposed | 21 | | indeterminate terms, if any, plus the aggregate of the | 22 | | imposed determinate sentences for felonies, plus the | 23 | | aggregate of the imposed determinate sentences for | 24 | | misdemeanors, subject to subsection (f) of this Section. | 25 | | (2) The parole or mandatory supervised release term | 26 | | shall be as provided in
paragraph (e) of Section 5-4.5-50 |
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| 1 | | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | 2 | | involved. | 3 | | (3) The minimum period of imprisonment shall be the | 4 | | aggregate of the minimum
and determinate periods of | 5 | | imprisonment imposed by the court, subject to subsection | 6 | | (f) of this Section. | 7 | | (4) The defendant shall be awarded credit against the | 8 | | aggregate maximum term
and the aggregate minimum term of | 9 | | imprisonment for all time served in an institution since | 10 | | the commission of the offense or offenses and as a | 11 | | consequence thereof at the rate specified in
Section 3-6-3 | 12 | | (730 ILCS 5/3-6-3).
| 13 | | (h) Notwithstanding any other provisions of this Section, | 14 | | all sentences imposed by an Illinois court under this Code | 15 | | shall run concurrent to any and all sentences imposed under | 16 | | the Juvenile Court Act of 1987.
| 17 | | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; | 18 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. | 19 | | 1-1-14.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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