Full Text of HB5814 94th General Assembly
HB5814 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5814
Introduced 08/02/06, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-15-2 |
from Ch. 38, par. 1003-15-2 |
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Amends the Unified Code of Corrections. Provides that a minor placed in a detention or shelter care facility may not make a telephone call from that facility, except to a family member of the minor placed in the facility who notifies the administrator of the facility that the family member agrees to accept a telephone call made by the minor from that facility. Provides that the Department of Juvenile Justice shall adopt rules to implement this provision. Effective immediately.
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A BILL FOR
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HB5814 |
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LRB094 21164 RLC 59495 b |
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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 |
| changing Section 3-15-2 as follows:
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| (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
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| Sec. 3-15-2. Standards and Assistance to Local Jails and | 8 |
| Detention
and Shelter Care Facilities.
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| (a) The Department of Corrections shall establish for the | 10 |
| operation of county and
municipal jails and houses of | 11 |
| correction, minimum standards for the physical
condition of | 12 |
| such institutions and for the treatment of inmates with
respect | 13 |
| to their health and safety and the security of the community.
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| The Department of Juvenile Justice shall establish for the | 15 |
| operation of county juvenile detention
and shelter care | 16 |
| facilities established pursuant to the County Shelter
Care and | 17 |
| Detention Home Act, minimum standards for the physical
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| condition of such institutions and for the treatment of | 19 |
| juveniles with
respect to their health and safety and the | 20 |
| security of the community.
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| Except as otherwise provided in subsection (a-5), such
Such
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| standards shall not apply to county shelter care facilities | 23 |
| which
were in operation prior to January 1, 1980. Such | 24 |
| standards shall not seek
to mandate minimum floor space | 25 |
| requirements for each inmate housed in cells
and detention | 26 |
| rooms in county and
municipal jails and houses of correction.
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| However, no more than two inmates may be housed in a single | 28 |
| cell or detention
room.
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| (a-5) The standards for the operation of county juvenile | 30 |
| detention
and shelter care facilities established under the | 31 |
| County Shelter Care and Detention Home Act shall provide that a | 32 |
| minor placed in a detention or shelter care facility may not |
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HB5814 |
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LRB094 21164 RLC 59495 b |
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| make a telephone call from that facility, except to a family | 2 |
| member of the minor placed in the facility who notifies the | 3 |
| administrator of the facility that the family member agrees to | 4 |
| accept a telephone call made by the minor from that facility. | 5 |
| The Department of Juvenile Justice shall adopt rules to | 6 |
| implement this subsection (a-5).
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| (a-6) When an inmate is tested for an airborne
communicable | 8 |
| disease, as determined by the Illinois Department of Public
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| Health including but not limited to tuberculosis, the results | 10 |
| of
the test
shall be personally delivered by the warden or his | 11 |
| or her designee in a sealed
envelope to the judge of the court | 12 |
| in which the inmate must appear for the
judge's inspection in | 13 |
| camera if requested by the judge. Acting in accordance
with the | 14 |
| best interests of those in the courtroom, the judge shall have | 15 |
| the
discretion to determine what if any precautions need to be | 16 |
| taken to prevent
transmission of the disease in the courtroom.
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| (b) At least once each year, the Department of Corrections | 18 |
| may inspect each
adult
facility for compliance with the | 19 |
| standards established and the results
of such inspection shall | 20 |
| be made available by the Department for public
inspection. At | 21 |
| least once each year, the Department of Juvenile Justice shall | 22 |
| inspect each
county juvenile detention and shelter care | 23 |
| facility for compliance with the
standards established, and the | 24 |
| Department of Juvenile Justice shall make the results of such
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| inspections available for public inspection.
If any detention, | 26 |
| shelter care or correctional facility does
not comply with the | 27 |
| standards established, the Director of Corrections
or the | 28 |
| Director of Juvenile Justice, as the case may be, shall give | 29 |
| notice to the county board and the sheriff or the corporate
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| authorities of the municipality, as the case may be, of such
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| noncompliance, specifying the particular standards that have | 32 |
| not been
met by such facility. If the facility is not in | 33 |
| compliance with such
standards when six months have elapsed | 34 |
| from the giving of such notice,
the Director of Corrections or | 35 |
| the Director of Juvenile Justice, as the case may be, may | 36 |
| petition the appropriate court for an
order requiring such |
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LRB094 21164 RLC 59495 b |
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| facility to comply with the standards established
by the | 2 |
| Department or for other appropriate relief.
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| (c) The Department of Corrections may provide consultation | 4 |
| services for the
design, construction, programs and | 5 |
| administration of correctional facilities and services for | 6 |
| adults
operated by counties and municipalities and may make | 7 |
| studies and
surveys of the programs and the administration of | 8 |
| such facilities.
Personnel of the Department shall be admitted | 9 |
| to these facilities as
required for such purposes. The | 10 |
| Department may develop and administer
programs of | 11 |
| grants-in-aid for correctional services in cooperation with
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| local agencies. The Department may provide courses of training | 13 |
| for the
personnel of such institutions and conduct pilot | 14 |
| projects in the
institutions.
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| (c-5) The Department of Juvenile Justice may provide | 16 |
| consultation services for the
design, construction, programs, | 17 |
| and administration of detention and shelter care services for | 18 |
| children operated by counties and municipalities and may make | 19 |
| studies and
surveys of the programs and the administration of | 20 |
| such facilities.
Personnel of the Department of Juvenile | 21 |
| Justice shall be admitted to these facilities as
required for | 22 |
| such purposes. The Department of Juvenile Justice may develop | 23 |
| and administer
programs of grants-in-aid for juvenile | 24 |
| correctional services in cooperation with
local agencies. The | 25 |
| Department of Juvenile Justice may provide courses of training | 26 |
| for the
personnel of such institutions and conduct pilot | 27 |
| projects in the
institutions.
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| (d) The Department is authorized to issue reimbursement | 29 |
| grants for
counties, municipalities or public building | 30 |
| commissions for the purpose of
meeting minimum correctional | 31 |
| facilities standards set by the Department
under this Section. | 32 |
| Grants may be issued only for projects that were
completed | 33 |
| after July 1, 1980 and initiated prior to January 1, 1987.
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| (1) Grants for regional correctional facilities shall | 35 |
| not exceed 90% of
the project costs or $7,000,000, | 36 |
| whichever is less.
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LRB094 21164 RLC 59495 b |
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| (2) Grants for correctional facilities by a single | 2 |
| county, municipality
or public building commission shall | 3 |
| not exceed 75% of the proposed project
costs or $4,000,000, | 4 |
| whichever is less.
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| (3) As used in this subsection (d), "project" means | 6 |
| only that part of a
facility that is constructed for jail, | 7 |
| correctional or detention purposes
and does not include | 8 |
| other areas of multi-purpose buildings.
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| Construction or renovation grants are authorized to be | 10 |
| issued by the
Capital Development Board from capital | 11 |
| development bond funds after
application by a county or | 12 |
| counties, municipality or municipalities or
public building | 13 |
| commission or commissions and approval of a construction or
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| renovation grant by the Department for projects initiated after
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| January 1, 1987.
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| (e) The Department of Juvenile Justice shall adopt | 17 |
| standards for county jails to hold
juveniles on a temporary | 18 |
| basis, as provided in Section 5-410 of the
Juvenile Court Act | 19 |
| of 1987. These standards shall include
educational, | 20 |
| recreational, and disciplinary standards as well
as access to | 21 |
| medical services, crisis intervention, mental health services,
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| suicide prevention, health care, nutritional needs, and | 23 |
| visitation rights. The
Department of Juvenile Justice shall | 24 |
| also notify any county applying to hold juveniles in a county
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| jail of the monitoring and program standards for juvenile | 26 |
| detention facilities
under Section 5-410 of the Juvenile Court | 27 |
| Act of
1987.
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| (Source: P.A. 94-696, eff. 6-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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