Full Text of SB0554 94th General Assembly
SB0554enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| adding Article 17 as follows:
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| (730 ILCS 5/Ch. III Art. 17 heading new) | 7 |
| ARTICLE 17. PROGRAM OF REENTRY INTO COMMUNITY | 8 |
| (730 ILCS 5/3-17-5 new) | 9 |
| Sec. 3-17-5. Definitions. As used in this Article: | 10 |
| "Board" means the Prisoner Review Board. | 11 |
| "Department" means the Department of Corrections. | 12 |
| "Director" means the Director of Corrections. | 13 |
| "Offender" means a person who has been convicted of a | 14 |
| felony under the laws of this State and sentenced to a term of | 15 |
| imprisonment. | 16 |
| "Program" means a program established by a county or | 17 |
| municipality under Section 3-17-10 for reentry of persons into | 18 |
| the community who have been committed to the Department for | 19 |
| commission of a felony. | 20 |
| (730 ILCS 5/3-17-10 new) | 21 |
| Sec. 3-17-10. Establishment of program.
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| (a) A county with the approval of the county board or a | 23 |
| municipality that maintains a jail or house of corrections with | 24 |
| the approval of the corporate authorities may establish a | 25 |
| program for reentry of offenders into the community who have | 26 |
| been committed to the Department for commission of a felony. | 27 |
| Any program shall be approved by the Director prior to | 28 |
| placement of inmates in a program. | 29 |
| (b) If a county or municipality establishes a program under | 30 |
| this Section, the sheriff in the case of a county or the police |
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| chief in the case of a municipality shall: | 2 |
| (1) Determine whether offenders who are referred by the | 3 |
| Director of Corrections under Section 3-17-15 should be | 4 |
| assigned to participate in a program. | 5 |
| (2) Supervise offenders participating in the program | 6 |
| during their participation in the program. | 7 |
| (c) A county or municipality shall be liable for the well | 8 |
| being and actions of inmates in its custody while in a program | 9 |
| and shall indemnify the Department for any loss incurred by the | 10 |
| Department caused while an inmate is in a program.
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| (d) An offender may not be assigned to participate in a | 12 |
| program unless the Director of Corrections, in consultation | 13 |
| with the Prisoner Review Board, grants prior approval of the | 14 |
| assignment under this Section. | 15 |
| (730 ILCS 5/3-17-15 new) | 16 |
| Sec. 3-17-15. Referral of person to sheriff or police | 17 |
| chief; assignment of person by the Department.
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| (a) Except as otherwise provided in this Section, if a | 19 |
| program has been established in a county or municipality in | 20 |
| which an offender was sentenced to imprisonment for a felony, | 21 |
| the Director may refer the offender to the county sheriff or | 22 |
| municipal police chief if: | 23 |
| (1) The offender qualifies under the standards | 24 |
| established by the Director in subsection (c); | 25 |
| (2) The offender has demonstrated a willingness to: | 26 |
| (A) engage in employment or participate in | 27 |
| vocational rehabilitation or job skills training; and | 28 |
| (B) meet any existing obligation for restitution | 29 |
| to any victim of his or her crime; and | 30 |
| (3) the offender is within one year of his or her | 31 |
| probable release from prison, as determined by the | 32 |
| Director. | 33 |
| (b) Except as otherwise provided in this Section, if the | 34 |
| Director is notified by the sheriff or police chief under | 35 |
| Section 3-17-10 that an offender would benefit by being |
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| assigned to the custody of the sheriff or police chief to | 2 |
| participate in the program, the Director shall review whether | 3 |
| the offender should be assigned to participate in a program for | 4 |
| not longer than the remainder of his or her sentence. | 5 |
| (c) The Director, by rule, shall adopt standards setting | 6 |
| forth which offenders are eligible to be assigned to the | 7 |
| custody of the sheriff or police chief to participate in the | 8 |
| program under this Section. The standards adopted by the | 9 |
| Director must be approved by the Prisoner Review Board and must | 10 |
| provide that an offender is ineligible for participation in the | 11 |
| program who: | 12 |
| (1) has recently committed a serious infraction of the | 13 |
| rules of an institution or facility of the Department; | 14 |
| (2) has not performed the duties assigned to him or her | 15 |
| in a faithful and orderly manner; | 16 |
| (3) has, within the immediately preceding 5 years, been | 17 |
| convicted of any crime involving the use or threatened use | 18 |
| of force or violence against a victim that is punishable as | 19 |
| a felony; | 20 |
| (4) has ever been convicted of a sex offense as defined | 21 |
| in Section 10 of the Sex Offender Management Board Act; | 22 |
| (5) has escaped or attempted to escape from any jail or | 23 |
| correctional institution for adults; or | 24 |
| (6) has not made an effort in good faith to participate | 25 |
| in or to complete any educational or vocational program or | 26 |
| any program of treatment, as ordered by the Director. | 27 |
| (d) The Director shall adopt rules requiring offenders who | 28 |
| are assigned to the custody of the sheriff or police chief | 29 |
| under this Section to reimburse the Department for the cost of | 30 |
| their participation in a program, to the extent of their | 31 |
| ability to pay. | 32 |
| (e) The sheriff or police chief may return the offender to | 33 |
| the custody of the Department at any time for any violation of | 34 |
| the terms and conditions imposed by the Director in | 35 |
| consultation with the Prisoner Review Board. | 36 |
| (f) If an offender assigned to the custody of the sheriff |
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| or police chief under this Section violates any of the terms or | 2 |
| conditions imposed by the Director in consultation with the | 3 |
| Prisoner Review Board and is returned to the custody of the | 4 |
| Department, the offender forfeits all or part of the credits | 5 |
| for good behavior earned by him or her before he or she was | 6 |
| returned to the custody of the Department, as determined by the | 7 |
| Director. The Director may provide for a forfeiture of credits | 8 |
| under this subsection (f) only after proof of the violation and | 9 |
| notice is given to the offender. The Director may restore | 10 |
| credits so forfeited for such reasons as he or she considers | 11 |
| proper. The Director, by rule, shall establish procedures for | 12 |
| review of forfeiture of good behavior credit. The decision of | 13 |
| the Director regarding such a forfeiture is final. | 14 |
| (g) The assignment of an offender to the custody of the | 15 |
| sheriff or police chief under this Section shall be deemed: | 16 |
| (1) a continuation of his or her imprisonment and not a | 17 |
| release on parole or mandatory supervised release; and | 18 |
| (2) for the purposes of Section 3-8-1, an assignment to | 19 |
| a facility of the Department,
except that the offender is | 20 |
| not entitled to obtain any benefits or to participate in | 21 |
| any programs provided to offenders in the custody of the | 22 |
| Department. | 23 |
| (h) An offender does not have a right to be assigned to the | 24 |
| custody of the sheriff or police chief under this Section, or | 25 |
| to remain in that custody after such an assignment. It is not | 26 |
| intended that the establishment or operation of a program | 27 |
| creates any right or interest in liberty or property or | 28 |
| establishes a basis for any cause of action against this State | 29 |
| or its political subdivisions, agencies, boards, commissions, | 30 |
| departments, officers, or employees. | 31 |
| (730 ILCS 5/3-17-20 new) | 32 |
| Sec. 3-17-20. Director to contract for certain services for | 33 |
| offenders in program. | 34 |
| (a) The Director may enter into one or more contracts with | 35 |
| one or more public or private entities to provide any of the |
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| following services, as necessary and appropriate, to offenders | 2 |
| participating in a program: | 3 |
| (1) transitional housing; | 4 |
| (2) treatment pertaining to substance abuse or mental | 5 |
| health; | 6 |
| (3) training in life skills; | 7 |
| (4) vocational rehabilitation and job skills training; | 8 |
| and | 9 |
| (5) any other services required by offenders who are | 10 |
| participating in a program. | 11 |
| (b) The Director shall, as necessary and appropriate, | 12 |
| provide referrals and information regarding: | 13 |
| (1) any of the services provided pursuant to subsection | 14 |
| (a); | 15 |
| (2) access and availability of any appropriate | 16 |
| self-help groups; | 17 |
| (3) social services for families and children; and | 18 |
| (4) permanent housing. | 19 |
| (c) The Director may apply for and accept any gift, | 20 |
| donation, bequest, grant, or other source of money to carry out | 21 |
| the provisions of this Section. | 22 |
| (d) As used in this Section, training in life skills | 23 |
| includes, without limitation, training in the areas of:
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| parenting;
(2) improving human relationships;
(3) preventing | 25 |
| domestic violence;
(4) maintaining emotional and physical | 26 |
| health;
(5) preventing abuse of alcohol and drugs;
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| preparing for and obtaining employment; and
(7) budgeting, | 28 |
| consumerism, and personal finances. | 29 |
| (730 ILCS 5/3-17-25 new) | 30 |
| Sec. 3-17-25. Monitoring of participant in program. The | 31 |
| Department shall retain the authority to monitor each person | 32 |
| who is participating in a program under Section 3-17-15. Such | 33 |
| authority shall include site inspections, review of program | 34 |
| activities, and access to inmate files and records.
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