Full Text of HB3895 102nd General Assembly
HB3895enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | WHEREAS, It shall be the policy of the Department of | 3 | | Corrections and the Department of Juvenile Justice to work | 4 | | together with labor partners to remove barriers to and stigma | 5 | | around seeking mental health care and to ensure a continuum of | 6 | | care available to employees without reprisal for seeking such | 7 | | treatment; therefore | 8 | | Be it enacted by the People of the State of Illinois,
| 9 | | represented in the General Assembly:
| 10 | | Section 5. The Unified Code of Corrections is amended by | 11 | | changing Sections 3-1-2, 3-2-7, and 3-2.5-15 as follows:
| 12 | | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| 13 | | Sec. 3-1-2. Definitions. | 14 | | (a) "Chief Administrative Officer" means the
person | 15 | | designated by the Director to exercise the powers and duties | 16 | | of the
Department of Corrections in regard to committed | 17 | | persons within
a correctional institution or facility, and | 18 | | includes the
superintendent of any juvenile institution or | 19 | | facility.
| 20 | | (a-3) "Aftercare release" means the conditional and | 21 | | revocable release of a person committed to the Department of | 22 | | Juvenile Justice under the Juvenile Court Act of 1987, under |
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| 1 | | the supervision of the Department of Juvenile Justice. | 2 | | (a-5) "Sex offense" for the purposes of paragraph (16) of | 3 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection | 4 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 5 | | Section 5-6-3.1 only means: | 6 | | (i) A violation of any of the following Sections of | 7 | | the Criminal Code of
1961 or the Criminal Code of 2012: | 8 | | 10-7 (aiding or abetting child abduction under Section | 9 | | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent | 10 | | solicitation of a child), 11-6.5
(indecent solicitation of | 11 | | an adult), 11-14.4 (promoting juvenile prostitution),
| 12 | | 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | 13 | | (keeping a place of juvenile prostitution), 11-18.1
| 14 | | (patronizing a juvenile prostitute), 11-19.1 (juvenile | 15 | | pimping),
11-19.2 (exploitation of a child), 11-20.1 | 16 | | (child pornography), 11-20.1B or 11-20.3 (aggravated child | 17 | | pornography), 11-1.40 or 12-14.1
(predatory criminal | 18 | | sexual assault of a child), or 12-33 (ritualized abuse of | 19 | | a
child). An attempt to commit any of
these offenses. | 20 | | (ii) A violation of any of the following Sections of | 21 | | the Criminal Code
of 1961 or the Criminal Code of 2012: | 22 | | 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or | 23 | | 12-14 (aggravated criminal sexual assault), 11-1.60 or | 24 | | 12-16 (aggravated criminal sexual abuse), and subsection | 25 | | (a) of Section 11-1.50 or subsection (a) of Section 12-15
| 26 | | (criminal sexual abuse). An attempt to commit
any of these |
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| 1 | | offenses. | 2 | | (iii) A violation of any of the following Sections of | 3 | | the Criminal Code
of 1961 or the Criminal Code of 2012 when | 4 | | the defendant is
not a parent of the victim: | 5 | | 10-1 (kidnapping),
| 6 | | 10-2 (aggravated kidnapping), | 7 | | 10-3 (unlawful restraint),
| 8 | | 10-3.1 (aggravated unlawful restraint). | 9 | | An attempt to commit any of these offenses. | 10 | | (iv) A violation of any former law of this State | 11 | | substantially
equivalent to any offense listed in this | 12 | | subsection (a-5). | 13 | | An offense violating federal law or the law of another | 14 | | state
that is substantially equivalent to any offense listed | 15 | | in this
subsection (a-5) shall constitute a sex offense for | 16 | | the purpose of
this subsection (a-5). A finding or | 17 | | adjudication as a sexually dangerous person under
any federal | 18 | | law or law of another state that is substantially equivalent | 19 | | to the
Sexually Dangerous Persons Act shall constitute an | 20 | | adjudication for a sex offense for the
purposes of this | 21 | | subsection (a-5).
| 22 | | (b) "Commitment" means a judicially determined placement
| 23 | | in the custody of the Department of Corrections on the basis of
| 24 | | delinquency or conviction.
| 25 | | (c) "Committed person" is a person committed to the | 26 | | Department,
however a committed person shall not be considered |
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| 1 | | to be an employee of
the Department of Corrections for any | 2 | | purpose, including eligibility for
a pension, benefits, or any | 3 | | other compensation or rights or privileges which
may be | 4 | | provided to employees of the Department.
| 5 | | (c-5) "Computer scrub software" means any third-party | 6 | | added software, designed to delete information from the | 7 | | computer unit, the hard drive, or other software, which would | 8 | | eliminate and prevent discovery of browser activity, | 9 | | including , but not limited to , Internet history, address bar | 10 | | or bars, cache or caches, and/or cookies, and which would | 11 | | over-write files in a way so as to make previous computer | 12 | | activity, including , but not limited to , website access, more | 13 | | difficult to discover. | 14 | | (c-10) "Content-controlled tablet" means any device that | 15 | | can only access visitation applications or content relating to | 16 | | educational or personal development. | 17 | | (d) "Correctional institution or facility" means any | 18 | | building or
part of a building where committed persons are | 19 | | kept in a secured manner.
| 20 | | (d-5) "Correctional officer" means: an
employee of the | 21 | | Department of Corrections who has custody and
control over | 22 | | committed persons in an adult correctional facility; or, for | 23 | | an employee of the Department of Juvenile Justice, direct care | 24 | | staff of persons committed to a juvenile facility. | 25 | | (e) "Department" means both the Department of Corrections | 26 | | and the Department of Juvenile Justice of this State, unless |
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| 1 | | the context is specific to either the Department of | 2 | | Corrections or the Department of Juvenile Justice.
| 3 | | (f) "Director" means both the Director of Corrections and | 4 | | the Director of Juvenile Justice, unless the context is | 5 | | specific to either the Director of Corrections or the Director | 6 | | of Juvenile Justice.
| 7 | | (f-5) (Blank).
| 8 | | (g) "Discharge" means the final termination of a | 9 | | commitment
to the Department of Corrections.
| 10 | | (h) "Discipline" means the rules and regulations for the
| 11 | | maintenance of order and the protection of persons and | 12 | | property
within the institutions and facilities of the | 13 | | Department and
their enforcement.
| 14 | | (i) "Escape" means the intentional and unauthorized | 15 | | absence
of a committed person from the custody of the | 16 | | Department.
| 17 | | (j) "Furlough" means an authorized leave of absence from | 18 | | the
Department of Corrections for a designated purpose and | 19 | | period of time.
| 20 | | (k) "Parole" means the conditional and revocable release
| 21 | | of a person committed to the Department of Corrections under | 22 | | the supervision of a parole officer.
| 23 | | (l) "Prisoner Review Board" means the Board established in
| 24 | | Section 3-3-1(a), independent of the Department, to review
| 25 | | rules and regulations with respect to good time credits, to
| 26 | | hear charges brought by the Department against certain |
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| 1 | | prisoners
alleged to have violated Department rules with | 2 | | respect to good
time credits, to set release dates for certain | 3 | | prisoners
sentenced under the law in effect prior to February | 4 | | 1, 1978 ( the effective
date of Public Act 80-1099) this | 5 | | Amendatory Act of 1977 , to hear and decide the time of | 6 | | aftercare release for persons committed to the Department of | 7 | | Juvenile Justice under the Juvenile Court Act of 1987 to hear | 8 | | requests and
make recommendations to the Governor with respect | 9 | | to pardon,
reprieve or commutation, to set conditions for | 10 | | parole, aftercare release, and
mandatory supervised release | 11 | | and determine whether violations
of those conditions justify | 12 | | revocation of parole or release,
and to assume all other | 13 | | functions previously exercised by the
Illinois Parole and | 14 | | Pardon Board.
| 15 | | (m) Whenever medical treatment, service, counseling, or
| 16 | | care is referred to in this Unified Code of Corrections,
such | 17 | | term may be construed by the Department or Court, within
its | 18 | | discretion, to include treatment, service , or counseling by
a | 19 | | Christian Science practitioner or nursing care appropriate
| 20 | | therewith whenever request therefor is made by a person | 21 | | subject
to the provisions of this Code Act .
| 22 | | (n) "Victim" shall have the meaning ascribed to it in | 23 | | subsection (a) of
Section 3 of the Bill of Rights of Crime for | 24 | | Victims and Witnesses of Violent Crime Act.
| 25 | | (o) "Wrongfully imprisoned person" means a person who has | 26 | | been discharged from a prison of this State and
has received: |
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| 1 | | (1) a pardon from the Governor stating that such | 2 | | pardon is issued on the ground of innocence of the crime | 3 | | for which he or she was imprisoned; or | 4 | | (2) a certificate of innocence from the Circuit Court | 5 | | as provided in Section 2-702 of the Code of Civil | 6 | | Procedure. | 7 | | (Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)
| 8 | | (730 ILCS 5/3-2-7) (from Ch. 38, par. 1003-2-7)
| 9 | | Sec. 3-2-7. Staff Training and Development.
| 10 | | (a) The Department shall train its own personnel and any | 11 | | personnel from
local agencies by agreements under Section | 12 | | 3-15-2.
| 13 | | (b) To develop and train its personnel, the Department may | 14 | | make grants
in aid for academic study and training in fields | 15 | | related to corrections.
The Department shall establish rules | 16 | | for the conditions and amounts of such
grants. The Department | 17 | | may employ any person during his program of studies
and may | 18 | | require the person to work for it on completion of his program
| 19 | | according to the agreement entered into between the person | 20 | | receiving the
grant and the Department.
| 21 | | (c) The Department shall implement a wellness program to
| 22 | | provide employees and staff with support to address both | 23 | | professional and personal challenges as
they relate to the | 24 | | correctional environment. The Department shall establish | 25 | | response teams to
provide comprehensive support to employees |
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| 1 | | and staff affected by events that are both duty-related
and | 2 | | not duty-related and provide training to response team | 3 | | members. The wellness program shall
be accessible to any | 4 | | Department employee, whether full-time or part-time, | 5 | | contractual or
temporary staff and approved volunteers. The | 6 | | wellness program may include, but not limited to,
providing | 7 | | information, education, referrals, peer support, debriefing, | 8 | | and newsletters. Employee
and staff access to wellness | 9 | | response team support shall be voluntary and remain | 10 | | confidential. | 11 | | (Source: P.A. 77-2097.)
| 12 | | (730 ILCS 5/3-2.5-15) | 13 | | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | 14 | | of duties of the Juvenile Division. | 15 | | (a) The Department of Juvenile Justice shall assume the | 16 | | rights, powers, duties, and responsibilities of the Juvenile | 17 | | Division of the Department of Corrections. Personnel, books, | 18 | | records, property, and unencumbered appropriations pertaining | 19 | | to the Juvenile Division of the Department of Corrections | 20 | | shall be transferred to the Department of Juvenile Justice on | 21 | | the effective date of this amendatory Act of the 94th General | 22 | | Assembly. Any rights of employees or the State under the | 23 | | Personnel Code or any other contract or plan shall be | 24 | | unaffected by this transfer. | 25 | | (b) Department of Juvenile Justice personnel who are hired |
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| 1 | | by the Department on or after the effective date of this | 2 | | amendatory Act of the 94th General Assembly and who | 3 | | participate or assist in the rehabilitative and vocational | 4 | | training of delinquent youths, supervise the daily activities | 5 | | involving direct and continuing responsibility for the youth's | 6 | | security, welfare and development, or participate in the | 7 | | personal rehabilitation of delinquent youth by training, | 8 | | supervising, and assisting lower level personnel who perform | 9 | | these duties must be over the age of 21 and have any bachelor's | 10 | | or advanced degree from an accredited college or university. | 11 | | This requirement shall not apply to security, clerical, food | 12 | | service, and maintenance staff that do not have direct and | 13 | | regular contact with youth. The degree requirements specified | 14 | | in this subsection (b) are not required of persons who provide | 15 | | vocational training and who have adequate knowledge in the | 16 | | skill for which they are providing the vocational training. | 17 | | (c) Subsection (b) of this Section does not apply to | 18 | | personnel transferred to the Department of Juvenile Justice on | 19 | | the effective date of this amendatory Act of the 94th General | 20 | | Assembly. | 21 | | (d) The Department shall be under the direction of the | 22 | | Director of Juvenile Justice as provided in this Code. | 23 | | (e) The Director shall organize divisions within the | 24 | | Department and shall assign functions, powers, duties, and | 25 | | personnel as required by law. The Director may create other | 26 | | divisions and may assign other functions, powers, duties, and |
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| 1 | | personnel as may be necessary or desirable to carry out the | 2 | | functions and responsibilities vested by law in the | 3 | | Department. The Director may, with the approval of the Office | 4 | | of the Governor, assign to and share functions, powers, | 5 | | duties, and personnel with other State agencies such that | 6 | | administrative services and administrative facilities are | 7 | | provided by a shared administrative service center. Where | 8 | | possible, shared services which impact youth should be done | 9 | | with child-serving agencies. These administrative services may | 10 | | include, but are not limited to, all of the following | 11 | | functions: budgeting, accounting related functions, auditing, | 12 | | human resources, legal, procurement, training, data collection | 13 | | and analysis, information technology, internal investigations, | 14 | | intelligence, legislative services, emergency response | 15 | | capability, statewide transportation services, and general | 16 | | office support. | 17 | | (f) The Department of Juvenile Justice may enter into | 18 | | intergovernmental cooperation agreements under which minors | 19 | | adjudicated delinquent and committed to the Department of | 20 | | Juvenile Justice may participate in county juvenile impact | 21 | | incarceration programs established under Section 3-6039 of the | 22 | | Counties Code.
| 23 | | (g) The Department of Juvenile Justice must comply with | 24 | | the ethnic and racial background data collection procedures | 25 | | provided in Section 4.5 of the Criminal Identification Act. | 26 | | (h) The Department of Juvenile Justice shall implement a |
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| 1 | | wellness program to support health and wellbeing among staff | 2 | | and service providers within the Department of Juvenile | 3 | | Justice environment. The Department of Juvenile Justice shall | 4 | | establish response teams to provide support to employees and | 5 | | staff affected by events that are both duty-related and not | 6 | | duty-related and provide training to response team members. | 7 | | The Department's wellness program shall be accessible to any | 8 | | Department employee or service provider, including contractual | 9 | | employees and approved volunteers. The wellness program may | 10 | | include information sharing, education and activities designed | 11 | | to support health and well-being within the Department's | 12 | | environment. Access to
wellness response team support shall be | 13 | | voluntary and remain confidential. | 14 | | (Source: P.A. 100-19, eff. 1-1-18 .)
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