Full Text of HB1679 095th General Assembly
HB1679 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1679
Introduced 2/22/2007, by Rep. Ron Stephens SYNOPSIS AS INTRODUCED: |
|
730 ILCS 5/3-2-2 |
from Ch. 38, par. 1003-2-2 |
|
Amends the Unified Code of Corrections. Provides that all nurses registered or licensed under the Nursing and Advanced Practice Nursing Act performing services for the Department of Corrections on a contractual basis as of the effective date of this amendatory Act shall become employees of the Department on the date immediately following the effective date of this amendatory Act.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1679 |
|
LRB095 09012 RLC 29203 b |
|
| 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 Unified Code of Corrections is amended by | 5 |
| changing Section 3-2-2 as follows:
| 6 |
| (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 7 |
| Sec. 3-2-2. Powers and Duties of the Department.
| 8 |
| (1) In addition to the powers, duties and responsibilities | 9 |
| which are
otherwise provided by law, the Department shall have | 10 |
| the following powers:
| 11 |
| (a) To accept persons committed to it by the courts of | 12 |
| this State for
care, custody, treatment and | 13 |
| rehabilitation, and to accept federal prisoners and aliens | 14 |
| over whom the Office of the Federal Detention Trustee is | 15 |
| authorized to exercise the federal detention function for | 16 |
| limited purposes and periods of time.
| 17 |
| (b) To develop and maintain reception and evaluation | 18 |
| units for purposes
of analyzing the custody and | 19 |
| rehabilitation needs of persons committed to
it and to | 20 |
| assign such persons to institutions and programs under its | 21 |
| control
or transfer them to other appropriate agencies. In | 22 |
| consultation with the
Department of Alcoholism and | 23 |
| Substance Abuse (now the Department of Human
Services), the |
|
|
|
HB1679 |
- 2 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| Department of Corrections
shall develop a master plan for | 2 |
| the screening and evaluation of persons
committed to its | 3 |
| custody who have alcohol or drug abuse problems, and for
| 4 |
| making appropriate treatment available to such persons; | 5 |
| the Department
shall report to the General Assembly on such | 6 |
| plan not later than April 1,
1987. The maintenance and | 7 |
| implementation of such plan shall be contingent
upon the | 8 |
| availability of funds.
| 9 |
| (b-1) To create and implement, on January 1, 2002, a | 10 |
| pilot
program to
establish the effectiveness of | 11 |
| pupillometer technology (the measurement of the
pupil's
| 12 |
| reaction to light) as an alternative to a urine test for | 13 |
| purposes of screening
and evaluating
persons committed to | 14 |
| its custody who have alcohol or drug problems. The
pilot | 15 |
| program shall require the pupillometer technology to be | 16 |
| used in at
least one Department of
Corrections facility. | 17 |
| The Director may expand the pilot program to include an
| 18 |
| additional facility or
facilities as he or she deems | 19 |
| appropriate.
A minimum of 4,000 tests shall be included in | 20 |
| the pilot program.
The
Department must report to the
| 21 |
| General Assembly on the
effectiveness of the program by | 22 |
| January 1, 2003.
| 23 |
| (b-5) To develop, in consultation with the Department | 24 |
| of State Police, a
program for tracking and evaluating each | 25 |
| inmate from commitment through release
for recording his or | 26 |
| her gang affiliations, activities, or ranks.
|
|
|
|
HB1679 |
- 3 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| (c) To maintain and administer all State correctional | 2 |
| institutions and
facilities under its control and to | 3 |
| establish new ones as needed. Pursuant
to its power to | 4 |
| establish new institutions and facilities, the Department
| 5 |
| may, with the written approval of the Governor, authorize | 6 |
| the Department of
Central Management Services to enter into | 7 |
| an agreement of the type
described in subsection (d) of | 8 |
| Section 405-300 of the
Department
of Central Management | 9 |
| Services Law (20 ILCS 405/405-300). The Department shall
| 10 |
| designate those institutions which
shall constitute the | 11 |
| State Penitentiary System.
| 12 |
| Pursuant to its power to establish new institutions and | 13 |
| facilities, the
Department may authorize the Department of | 14 |
| Central Management Services to
accept bids from counties | 15 |
| and municipalities for the construction,
remodeling or | 16 |
| conversion of a structure to be leased to the Department of
| 17 |
| Corrections for the purposes of its serving as a | 18 |
| correctional institution
or facility. Such construction, | 19 |
| remodeling or conversion may be financed
with revenue bonds | 20 |
| issued pursuant to the Industrial Building Revenue Bond
Act | 21 |
| by the municipality or county. The lease specified in a bid | 22 |
| shall be
for a term of not less than the time needed to | 23 |
| retire any revenue bonds
used to finance the project, but | 24 |
| not to exceed 40 years. The lease may
grant to the State | 25 |
| the option to purchase the structure outright.
| 26 |
| Upon receipt of the bids, the Department may certify |
|
|
|
HB1679 |
- 4 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| one or more of the
bids and shall submit any such bids to | 2 |
| the General Assembly for approval.
Upon approval of a bid | 3 |
| by a constitutional majority of both houses of the
General | 4 |
| Assembly, pursuant to joint resolution, the Department of | 5 |
| Central
Management Services may enter into an agreement | 6 |
| with the county or
municipality pursuant to such bid.
| 7 |
| (c-5) To build and maintain regional juvenile | 8 |
| detention centers and to
charge a per diem to the counties | 9 |
| as established by the Department to defray
the costs of | 10 |
| housing each minor in a center. In this subsection (c-5),
| 11 |
| "juvenile
detention center" means a facility to house | 12 |
| minors during pendency of trial who
have been transferred | 13 |
| from proceedings under the Juvenile Court Act of 1987 to
| 14 |
| prosecutions under the criminal laws of this State in | 15 |
| accordance with Section
5-805 of the Juvenile Court Act of | 16 |
| 1987, whether the transfer was by operation
of
law or | 17 |
| permissive under that Section. The Department shall | 18 |
| designate the
counties to be served by each regional | 19 |
| juvenile detention center.
| 20 |
| (d) To develop and maintain programs of control, | 21 |
| rehabilitation and
employment of committed persons within | 22 |
| its institutions.
| 23 |
| (d-5) To provide a pre-release job preparation program | 24 |
| for inmates at Illinois adult correctional centers.
| 25 |
| (e) To establish a system of supervision and guidance | 26 |
| of committed persons
in the community.
|
|
|
|
HB1679 |
- 5 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| (f) To establish in cooperation with the Department of | 2 |
| Transportation
to supply a sufficient number of prisoners | 3 |
| for use by the Department of
Transportation to clean up the | 4 |
| trash and garbage along State, county,
township, or | 5 |
| municipal highways as designated by the Department of
| 6 |
| Transportation. The Department of Corrections, at the | 7 |
| request of the
Department of Transportation, shall furnish | 8 |
| such prisoners at least
annually for a period to be agreed | 9 |
| upon between the Director of
Corrections and the Director | 10 |
| of Transportation. The prisoners used on this
program shall | 11 |
| be selected by the Director of Corrections on whatever | 12 |
| basis
he deems proper in consideration of their term, | 13 |
| behavior and earned eligibility
to participate in such | 14 |
| program - where they will be outside of the prison
facility | 15 |
| but still in the custody of the Department of Corrections. | 16 |
| Prisoners
convicted of first degree murder, or a Class X | 17 |
| felony, or armed violence, or
aggravated kidnapping, or | 18 |
| criminal sexual assault, aggravated criminal sexual
abuse | 19 |
| or a subsequent conviction for criminal sexual abuse, or | 20 |
| forcible
detention, or arson, or a prisoner adjudged a | 21 |
| Habitual Criminal shall not be
eligible for selection to | 22 |
| participate in such program. The prisoners shall
remain as | 23 |
| prisoners in the custody of the Department of Corrections | 24 |
| and such
Department shall furnish whatever security is | 25 |
| necessary. The Department of
Transportation shall furnish | 26 |
| trucks and equipment for the highway cleanup
program and |
|
|
|
HB1679 |
- 6 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| personnel to supervise and direct the program. Neither the
| 2 |
| Department of Corrections nor the Department of | 3 |
| Transportation shall replace
any regular employee with a | 4 |
| prisoner.
| 5 |
| (g) To maintain records of persons committed to it and | 6 |
| to establish
programs of research, statistics and | 7 |
| planning.
| 8 |
| (h) To investigate the grievances of any person | 9 |
| committed to the
Department, to inquire into any alleged | 10 |
| misconduct by employees
or committed persons, and to | 11 |
| investigate the assets
of committed persons to implement | 12 |
| Section 3-7-6 of this Code; and for
these purposes it may | 13 |
| issue subpoenas and compel the attendance of witnesses
and | 14 |
| the production of writings and papers, and may examine | 15 |
| under oath any
witnesses who may appear before it; to also | 16 |
| investigate alleged violations
of a parolee's or | 17 |
| releasee's conditions of parole or release; and for this
| 18 |
| purpose it may issue subpoenas and compel the attendance of | 19 |
| witnesses and
the production of documents only if there is | 20 |
| reason to believe that such
procedures would provide | 21 |
| evidence that such violations have occurred.
| 22 |
| If any person fails to obey a subpoena issued under | 23 |
| this subsection,
the Director may apply to any circuit | 24 |
| court to secure compliance with the
subpoena. The failure | 25 |
| to comply with the order of the court issued in
response | 26 |
| thereto shall be punishable as contempt of court.
|
|
|
|
HB1679 |
- 7 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| (i) To appoint and remove the chief administrative | 2 |
| officers, and
administer
programs of training and | 3 |
| development of personnel of the Department. Personnel
| 4 |
| assigned by the Department to be responsible for the
| 5 |
| custody and control of committed persons or to investigate | 6 |
| the alleged
misconduct of committed persons or employees or | 7 |
| alleged violations of a
parolee's or releasee's conditions | 8 |
| of parole shall be conservators of the peace
for those | 9 |
| purposes, and shall have the full power of peace officers | 10 |
| outside
of the facilities of the Department in the | 11 |
| protection, arrest, retaking
and reconfining of committed | 12 |
| persons or where the exercise of such power
is necessary to | 13 |
| the investigation of such misconduct or violations.
| 14 |
| (j) To cooperate with other departments and agencies | 15 |
| and with local
communities for the development of standards | 16 |
| and programs for better
correctional services in this | 17 |
| State.
| 18 |
| (k) To administer all moneys and properties of the | 19 |
| Department.
| 20 |
| (l) To report annually to the Governor on the committed
| 21 |
| persons, institutions and programs of the Department.
| 22 |
| (l-5) In a confidential annual report to the Governor, | 23 |
| the Department
shall
identify all inmate gangs by | 24 |
| specifying each current gang's name, population
and allied | 25 |
| gangs. The Department shall further specify the number of | 26 |
| top
leaders identified by the Department for each gang |
|
|
|
HB1679 |
- 8 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| during the past year, and
the measures taken by the | 2 |
| Department to segregate each leader from his or her
gang | 3 |
| and allied gangs. The Department shall further report the | 4 |
| current status
of leaders identified and segregated in | 5 |
| previous years. All leaders described
in the report shall | 6 |
| be identified by inmate number or other designation to
| 7 |
| enable tracking, auditing, and verification without | 8 |
| revealing the names of the
leaders. Because this report | 9 |
| contains law enforcement intelligence information
| 10 |
| collected by the Department, the report is confidential and | 11 |
| not subject to
public disclosure.
| 12 |
| (m) To make all rules and regulations and exercise all | 13 |
| powers and duties
vested by law in the Department.
| 14 |
| (n) To establish rules and regulations for | 15 |
| administering a system of
good conduct credits, | 16 |
| established in accordance with Section 3-6-3, subject
to | 17 |
| review by the Prisoner Review Board.
| 18 |
| (o) To administer the distribution of funds
from the | 19 |
| State Treasury to reimburse counties where State penal
| 20 |
| institutions are located for the payment of assistant | 21 |
| state's attorneys'
salaries under Section 4-2001 of the | 22 |
| Counties Code.
| 23 |
| (p) To exchange information with the Department of | 24 |
| Human Services and the
Department of Healthcare and Family | 25 |
| Services
for the purpose of verifying living arrangements | 26 |
| and for other purposes
directly connected with the |
|
|
|
HB1679 |
- 9 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| administration of this Code and the Illinois
Public Aid | 2 |
| Code.
| 3 |
| (q) To establish a diversion program.
| 4 |
| The program shall provide a structured environment for | 5 |
| selected
technical parole or mandatory supervised release | 6 |
| violators and committed
persons who have violated the rules | 7 |
| governing their conduct while in work
release. This program | 8 |
| shall not apply to those persons who have committed
a new | 9 |
| offense while serving on parole or mandatory supervised | 10 |
| release or
while committed to work release.
| 11 |
| Elements of the program shall include, but shall not be | 12 |
| limited to, the
following:
| 13 |
| (1) The staff of a diversion facility shall provide | 14 |
| supervision in
accordance with required objectives set | 15 |
| by the facility.
| 16 |
| (2) Participants shall be required to maintain | 17 |
| employment.
| 18 |
| (3) Each participant shall pay for room and board | 19 |
| at the facility on a
sliding-scale basis according to | 20 |
| the participant's income.
| 21 |
| (4) Each participant shall:
| 22 |
| (A) provide restitution to victims in | 23 |
| accordance with any court order;
| 24 |
| (B) provide financial support to his | 25 |
| dependents; and
| 26 |
| (C) make appropriate payments toward any other |
|
|
|
HB1679 |
- 10 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| court-ordered
obligations.
| 2 |
| (5) Each participant shall complete community | 3 |
| service in addition to
employment.
| 4 |
| (6) Participants shall take part in such | 5 |
| counseling, educational and
other programs as the | 6 |
| Department may deem appropriate.
| 7 |
| (7) Participants shall submit to drug and alcohol | 8 |
| screening.
| 9 |
| (8) The Department shall promulgate rules | 10 |
| governing the administration
of the program.
| 11 |
| (r) To enter into intergovernmental cooperation | 12 |
| agreements under which
persons in the custody of the | 13 |
| Department may participate in a county impact
| 14 |
| incarceration program established under Section 3-6038 or | 15 |
| 3-15003.5 of the
Counties Code.
| 16 |
| (r-5) (Blank).
| 17 |
| (r-10) To systematically and routinely identify with | 18 |
| respect to each
streetgang active within the correctional | 19 |
| system: (1) each active gang; (2)
every existing inter-gang | 20 |
| affiliation or alliance; and (3) the current leaders
in | 21 |
| each gang. The Department shall promptly segregate leaders | 22 |
| from inmates who
belong to their gangs and allied gangs. | 23 |
| "Segregate" means no physical contact
and, to the extent | 24 |
| possible under the conditions and space available at the
| 25 |
| correctional facility, prohibition of visual and sound | 26 |
| communication. For the
purposes of this paragraph (r-10), |
|
|
|
HB1679 |
- 11 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| "leaders" means persons who:
| 2 |
| (i) are members of a criminal streetgang;
| 3 |
| (ii) with respect to other individuals within the | 4 |
| streetgang, occupy a
position of organizer, | 5 |
| supervisor, or other position of management or
| 6 |
| leadership; and
| 7 |
| (iii) are actively and personally engaged in | 8 |
| directing, ordering,
authorizing, or requesting | 9 |
| commission of criminal acts by others, which are
| 10 |
| punishable as a felony, in furtherance of streetgang | 11 |
| related activity both
within and outside of the | 12 |
| Department of Corrections.
| 13 |
| "Streetgang", "gang", and "streetgang related" have the | 14 |
| meanings ascribed to
them in Section 10 of the Illinois | 15 |
| Streetgang Terrorism Omnibus Prevention
Act.
| 16 |
| (s) To operate a super-maximum security institution, | 17 |
| in order to
manage and
supervise inmates who are disruptive | 18 |
| or dangerous and provide for the safety
and security of the | 19 |
| staff and the other inmates.
| 20 |
| (t) To monitor any unprivileged conversation or any | 21 |
| unprivileged
communication, whether in person or by mail, | 22 |
| telephone, or other means,
between an inmate who, before | 23 |
| commitment to the Department, was a member of an
organized | 24 |
| gang and any other person without the need to show cause or | 25 |
| satisfy
any other requirement of law before beginning the | 26 |
| monitoring, except as
constitutionally required. The |
|
|
|
HB1679 |
- 12 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| monitoring may be by video, voice, or other
method of | 2 |
| recording or by any other means. As used in this | 3 |
| subdivision (1)(t),
"organized gang" has the meaning | 4 |
| ascribed to it in Section 10 of the Illinois
Streetgang | 5 |
| Terrorism Omnibus Prevention Act.
| 6 |
| As used in this subdivision (1)(t), "unprivileged | 7 |
| conversation" or
"unprivileged communication" means a | 8 |
| conversation or communication that is not
protected by any | 9 |
| privilege recognized by law or by decision, rule, or order | 10 |
| of
the Illinois Supreme Court.
| 11 |
| (u) To establish a Women's and Children's Pre-release | 12 |
| Community
Supervision
Program for the purpose of providing | 13 |
| housing and services to eligible female
inmates, as | 14 |
| determined by the Department, and their newborn and young
| 15 |
| children.
| 16 |
| (v) To do all other acts necessary to carry out the | 17 |
| provisions
of this Chapter.
| 18 |
| (2) The Department of Corrections shall by January 1, 1998, | 19 |
| consider
building and operating a correctional facility within | 20 |
| 100 miles of a county of
over 2,000,000 inhabitants, especially | 21 |
| a facility designed to house juvenile
participants in the | 22 |
| impact incarceration program.
| 23 |
| (3) When the Department lets bids for contracts for medical
| 24 |
| services to be provided to persons committed to Department | 25 |
| facilities by
a health maintenance organization, medical | 26 |
| service corporation, or other
health care provider, the bid may |
|
|
|
HB1679 |
- 13 - |
LRB095 09012 RLC 29203 b |
|
| 1 |
| only be let to a health care provider
that has obtained an | 2 |
| irrevocable letter of credit or performance bond
issued by a | 3 |
| company whose bonds are rated AAA by a bond rating
| 4 |
| organization.
| 5 |
| (3.5) All nurses registered or licensed under the Nursing | 6 |
| and Advanced Practice Nursing Act performing services for the | 7 |
| Department on a contractual basis as of the effective date of | 8 |
| this amendatory Act of the 95th General Assembly shall become | 9 |
| employees of the Department on the date immediately following | 10 |
| the effective date of this amendatory Act of the 95th General | 11 |
| Assembly.
| 12 |
| (4) When the Department lets bids for
contracts for food or | 13 |
| commissary services to be provided to
Department facilities, | 14 |
| the bid may only be let to a food or commissary
services | 15 |
| provider that has obtained an irrevocable letter of
credit or | 16 |
| performance bond issued by a company whose bonds are rated
AAA | 17 |
| by a bond rating organization.
| 18 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; | 19 |
| 94-1067, eff. 8-1-06.)
|
|