[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0022
730 ILCS 5/3-6-2.1 new
40 ILCS 5/14-149.2 new
730 ILCS 5/3-6-2.2 new
Amends the Unified Code of Corrections. Requires the
Department of Corrections to initiate an inmate orientation
program to provide information on sexual assault and its
prevention. Requires the Department to collect statistics on
incidents involving sexual aggression and violence. Directs
the Department to establish an employee training program for
identifying and preventing sexual assault. Contains other
provisions. Amends the Illinois Pension Code and the Unified
Code of Corrections. Prohibits sexual contact between an
employee of the Department of Corrections and a prisoner.
Provides that an employee of the Department of Corrections
who engages in sexual contact with a prisoner shall be
immediately discharged from employment and shall forfeit all
benefits accrued from his or her employment with the
Department, including pension benefits.
LRB9000395RCksA
LRB9000395RCksA
1 AN ACT in relation to the Department of Corrections.
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 adding Section 3-6-2.1 as follows:
6 (730 ILCS 5/3-6-2.1 new)
7 Sec. 3-6-2.1. Sexual assault program.
8 (a) The Department shall provide an initial orientation
9 program on sexual assault to all inmates within 48 hours of
10 commitment to a penal institution. The program shall provide
11 at least the following information:
12 (1) a realistic presentation pertaining to sexual
13 assault avoidance; and
14 (2) information on preventing and reducing the risk
15 of sexual assault.
16 (b) Literature and tapes on rape and rape trauma
17 syndrome developed or sponsored by community rape crisis
18 centers or State or national non-profit organizations with
19 expertise in sexual assault issues shall not be barred from
20 any Department of Corrections institution unless the Director
21 personally determines that a particular item is unsuitable.
22 Such literature provided to an institution shall be left out
23 where prisoners can take it without calling attention to
24 themselves, such as in the library, law library, medical
25 clinic, recreation halls, mental health offices, and
26 educational lobby areas.
27 The Department shall provide posted notice of the
28 availability of any community-based rape crisis counselors
29 who are willing to provide confidential counseling.
30 Communications between prisoners and rape crisis counselors
31 shall be confidential as provided in Section 8-802.1 of the
-2- LRB9000395RCksA
1 Code of Civil Procedure. The Department may contract with
2 rape crisis organizations to provide these counseling
3 services. Rape counseling shall be provided by trained or
4 experienced rape counselors certified by a community rape
5 crisis center or other appropriate organization.
6 (c) The Department shall collect statistical data on all
7 known or reported or suspected incidents of sexual aggression
8 or sexually motivated violence occurring within its
9 facilities. These data shall be compiled quarterly and
10 annually and shall be filed with the General Assembly.
11 (d) The Department shall develop and implement an
12 employee training program on identifying and preventing
13 sexual assault, comparable to the Department's employee
14 training program relating to HIV and AIDS. The training
15 program shall provide at least 2 hours of training for each
16 employee.
17 (e) A guard or other employee of the Department who
18 becomes aware of an actual or threatened sexual assault, or a
19 credible report of an actual or threatened sexual assault, on
20 a prisoner in the custody of the Department shall promptly
21 report this situation to the head of the institution or
22 facility. This requirement does not apply to confidential
23 knowledge obtained through the counseling process.
24 Section 10. The Illinois Pension Code is amended by
25 adding Section 14-149.2 as follows:
26 (40 ILCS 5/14-149.2 new)
27 Sec. 14-149.2. Department of Corrections employees;
28 denial of benefits. None of the benefits provided in this
29 Act shall be paid to an employee of the Department of
30 Corrections who engages in sexual contact as defined in
31 Section 3-6-2.2 of the Unified Code of Corrections with a
32 prisoner incarcerated in a Department of Corrections
-3- LRB9000395RCksA
1 facility.
2 This Section shall not operate to impair any contract or
3 vested right heretofore acquired under any law or laws
4 continued in this Article nor to preclude the right to a
5 refund.
6 All future entrants entering service subsequent to the
7 effective date of this amendatory Act of 1997 shall be deemed
8 to have consented to the provisions of this Section as a
9 condition of coverage.
10 Section 15. The Unified Code of Corrections is amended
11 by adding Section 3-6-2.2 as follows:
12 (730 ILCS 5/3-6-2.2 new)
13 Sec. 3-6-2.2. Sexual contact between Department of
14 Corrections employees and prisoners.
15 (a) Sexual contact between an employee of the Department
16 and a committed person is prohibited. An employee of the
17 Department who engages in sexual contact with a committed
18 person shall be immediately discharged from employment and
19 shall forfeit all benefits accrued from his or her employment
20 with the Department, including pension benefits.
21 (b) "Sexual contact" includes, but is not limited to,
22 any intentional or knowing touching or fondling, either
23 directly or through clothing, of the sex organs, anus, or
24 breast, for the purpose of sexual gratification or arousal;
25 any act of sexual intercourse, fellatio, cunnilingus, or anal
26 penetration; or any lewd exposure of the body for the purpose
27 of sexual gratification or arousal.