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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_HB0992ham002
LRB9103459RCpkam
1 AMENDMENT TO HOUSE BILL 992
2 AMENDMENT NO. . Amend House Bill 992, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the Unified Code of Corrections by
5 changing Section 3-2-2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unified Code of Corrections is amended
9 by changing Section 3-2-2 as follows:
10 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
11 Sec. 3-2-2. Powers and Duties of the Department.
12 (1) In addition to the powers, duties and
13 responsibilities which are otherwise provided by law, the
14 Department shall have the following powers:
15 (a) To accept persons committed to it by the courts
16 of this State for care, custody, treatment and
17 rehabilitation.
18 (b) To develop and maintain reception and
19 evaluation units for purposes of analyzing the custody
20 and rehabilitation needs of persons committed to it and
21 to assign such persons to institutions and programs under
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1 its control or transfer them to other appropriate
2 agencies. In consultation with the Department of
3 Alcoholism and Substance Abuse (now the Department of
4 Human Services), the Department of Corrections shall
5 develop a master plan for the screening and evaluation of
6 persons committed to its custody who have alcohol or drug
7 abuse problems, and for making appropriate treatment
8 available to such persons; the Department shall report to
9 the General Assembly on such plan not later than April 1,
10 1987. The maintenance and implementation of such plan
11 shall be contingent upon the availability of funds.
12 (b-5) To develop, in consultation with the
13 Department of State Police, a program for tracking and
14 evaluating each inmate from commitment through release
15 for recording his or her gang affiliations, activities,
16 or ranks.
17 (c) To maintain and administer all State
18 correctional institutions and facilities under its
19 control and to establish new ones as needed. Pursuant to
20 its power to establish new institutions and facilities,
21 the Department may, with the written approval of the
22 Governor, authorize the Department of Central Management
23 Services to enter into an agreement of the type described
24 in subsection (d) of Section 405-300 of the Department of
25 Central Management Services Law (20 ILCS 405/405-300).
26 The Department shall designate those institutions which
27 shall constitute the State Penitentiary System.
28 Pursuant to its power to establish new institutions
29 and facilities, the Department may authorize the
30 Department of Central Management Services to accept bids
31 from counties and municipalities for the construction,
32 remodeling or conversion of a structure to be leased to
33 the Department of Corrections for the purposes of its
34 serving as a correctional institution or facility. Such
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1 construction, remodeling or conversion may be financed
2 with revenue bonds issued pursuant to the Industrial
3 Building Revenue Bond Act by the municipality or county.
4 The lease specified in a bid shall be for a term of not
5 less than the time needed to retire any revenue bonds
6 used to finance the project, but not to exceed 40 years.
7 The lease may grant to the State the option to purchase
8 the structure outright.
9 Upon receipt of the bids, the Department may certify
10 one or more of the bids and shall submit any such bids to
11 the General Assembly for approval. Upon approval of a
12 bid by a constitutional majority of both houses of the
13 General Assembly, pursuant to joint resolution, the
14 Department of Central Management Services may enter into
15 an agreement with the county or municipality pursuant to
16 such bid.
17 (c-5) To build and maintain regional juvenile
18 detention centers and to charge a per diem to the
19 counties as established by the Department to defray the
20 costs of housing each minor in a center. In this
21 subsection (c-5), "juvenile detention center" means a
22 facility to house minors during pendency of trial who
23 have been transferred from proceedings under the Juvenile
24 Court Act of 1987 to prosecutions under the criminal laws
25 of this State in accordance with Section 5-805 of the
26 Juvenile Court Act of 1987, whether the transfer was by
27 operation of law or permissive under that Section. The
28 Department shall designate the counties to be served by
29 each regional juvenile detention center.
30 (d) To develop and maintain programs of control,
31 rehabilitation and employment of committed persons within
32 its institutions.
33 (e) To establish a system of supervision and
34 guidance of committed persons in the community.
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1 (f) To establish in cooperation with the Department
2 of Transportation to supply a sufficient number of
3 prisoners for use by the Department of Transportation to
4 clean up the trash and garbage along State, county,
5 township, or municipal highways as designated by the
6 Department of Transportation. The Department of
7 Corrections, at the request of the Department of
8 Transportation, shall furnish such prisoners at least
9 annually for a period to be agreed upon between the
10 Director of Corrections and the Director of
11 Transportation. The prisoners used on this program shall
12 be selected by the Director of Corrections on whatever
13 basis he deems proper in consideration of their term,
14 behavior and earned eligibility to participate in such
15 program - where they will be outside of the prison
16 facility but still in the custody of the Department of
17 Corrections. Prisoners convicted of first degree murder,
18 or a Class X felony, or armed violence, or aggravated
19 kidnapping, or criminal sexual assault, aggravated
20 criminal sexual abuse or a subsequent conviction for
21 criminal sexual abuse, or forcible detention, or arson,
22 or a prisoner adjudged a Habitual Criminal shall not be
23 eligible for selection to participate in such program.
24 The prisoners shall remain as prisoners in the custody of
25 the Department of Corrections and such Department shall
26 furnish whatever security is necessary. The Department of
27 Transportation shall furnish trucks and equipment for the
28 highway cleanup program and personnel to supervise and
29 direct the program. Neither the Department of Corrections
30 nor the Department of Transportation shall replace any
31 regular employee with a prisoner.
32 (g) To maintain records of persons committed to it
33 and to establish programs of research, statistics and
34 planning.
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1 (h) To investigate the grievances of any person
2 committed to the Department, to inquire into any alleged
3 misconduct by employees or committed persons, and to
4 investigate the assets of committed persons to implement
5 Section 3-7-6 of this Code; and for these purposes it may
6 issue subpoenas and compel the attendance of witnesses
7 and the production of writings and papers, and may
8 examine under oath any witnesses who may appear before
9 it; to also investigate alleged violations of a parolee's
10 or releasee's conditions of parole or release; and for
11 this purpose it may issue subpoenas and compel the
12 attendance of witnesses and the production of documents
13 only if there is reason to believe that such procedures
14 would provide evidence that such violations have
15 occurred.
16 If any person fails to obey a subpoena issued under
17 this subsection, the Director may apply to any circuit
18 court to secure compliance with the subpoena. The
19 failure to comply with the order of the court issued in
20 response thereto shall be punishable as contempt of
21 court.
22 (i) To appoint and remove the chief administrative
23 officers, and administer programs of training and
24 development of personnel of the Department. Personnel
25 assigned by the Department to be responsible for the
26 custody and control of committed persons or to
27 investigate the alleged misconduct of committed persons
28 or employees or alleged violations of a parolee's or
29 releasee's conditions of parole shall be conservators of
30 the peace for those purposes, and shall have the full
31 power of peace officers outside of the facilities of the
32 Department in the protection, arrest, retaking and
33 reconfining of committed persons or where the exercise of
34 such power is necessary to the investigation of such
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1 misconduct or violations.
2 (j) To cooperate with other departments and
3 agencies and with local communities for the development
4 of standards and programs for better correctional
5 services in this State.
6 (k) To administer all moneys and properties of the
7 Department.
8 (l) To report annually to the Governor on the
9 committed persons, institutions and programs of the
10 Department.
11 (l-5) In a confidential annual report to the
12 Governor, the Department shall identify all inmate gangs
13 by specifying each current gang's name, population and
14 allied gangs. The Department shall further specify the
15 number of top leaders identified by the Department for
16 each gang during the past year, and the measures taken by
17 the Department to segregate each leader from his or her
18 gang and allied gangs. The Department shall further
19 report the current status of leaders identified and
20 segregated in previous years. All leaders described in
21 the report shall be identified by inmate number or other
22 designation to enable tracking, auditing, and
23 verification without revealing the names of the leaders.
24 Because this report contains law enforcement intelligence
25 information collected by the Department, the report is
26 confidential and not subject to public disclosure.
27 (m) To make all rules and regulations and exercise
28 all powers and duties vested by law in the Department.
29 (n) To establish rules and regulations for
30 administering a system of good conduct credits,
31 established in accordance with Section 3-6-3, subject to
32 review by the Prisoner Review Board.
33 (o) To administer the distribution of funds from
34 the State Treasury to reimburse counties where State
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1 penal institutions are located for the payment of
2 assistant state's attorneys' salaries under Section
3 4-2001 of the Counties Code.
4 (p) To exchange information with the Department of
5 Human Services and the Illinois Department of Public Aid
6 for the purpose of verifying living arrangements and for
7 other purposes directly connected with the administration
8 of this Code and the Illinois Public Aid Code.
9 (q) To establish a diversion program.
10 The program shall provide a structured environment
11 for selected technical parole or mandatory supervised
12 release violators and committed persons who have violated
13 the rules governing their conduct while in work release.
14 This program shall not apply to those persons who have
15 committed a new offense while serving on parole or
16 mandatory supervised release or while committed to work
17 release.
18 Elements of the program shall include, but shall not
19 be limited to, the following:
20 (1) The staff of a diversion facility shall
21 provide supervision in accordance with required
22 objectives set by the facility.
23 (2) Participants shall be required to maintain
24 employment.
25 (3) Each participant shall pay for room and
26 board at the facility on a sliding-scale basis
27 according to the participant's income.
28 (4) Each participant shall:
29 (A) provide restitution to victims in
30 accordance with any court order;
31 (B) provide financial support to his
32 dependents; and
33 (C) make appropriate payments toward any
34 other court-ordered obligations.
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1 (5) Each participant shall complete community
2 service in addition to employment.
3 (6) Participants shall take part in such
4 counseling, educational and other programs as the
5 Department may deem appropriate.
6 (7) Participants shall submit to drug and
7 alcohol screening.
8 (8) The Department shall promulgate rules
9 governing the administration of the program.
10 (r) To enter into intergovernmental cooperation
11 agreements under which persons in the custody of the
12 Department may participate in a county impact
13 incarceration program established under Section 3-6038 or
14 3-15003.5 of the Counties Code.
15 (r-5) To enter into intergovernmental cooperation
16 agreements under which minors adjudicated delinquent and
17 committed to the Department of Corrections, Juvenile
18 Division, may participate in a county juvenile impact
19 incarceration program established under Section 3-6039 of
20 the Counties Code.
21 (r-10) To systematically and routinely identify
22 with respect to each streetgang active within the
23 correctional system: (1) each active gang; (2) every
24 existing inter-gang affiliation or alliance; and (3) the
25 current leaders in each gang. The Department shall
26 promptly segregate leaders from inmates who belong to
27 their gangs and allied gangs. "Segregate" means no
28 physical contact and, to the extent possible under the
29 conditions and space available at the correctional
30 facility, prohibition of visual and sound communication.
31 For the purposes of this paragraph (r-10), "leaders"
32 means persons who:
33 (i) are members of a criminal streetgang;
34 (ii) with respect to other individuals within
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1 the streetgang, occupy a position of organizer,
2 supervisor, or other position of management or
3 leadership; and
4 (iii) are actively and personally engaged in
5 directing, ordering, authorizing, or requesting
6 commission of criminal acts by others, which are
7 punishable as a felony, in furtherance of streetgang
8 related activity both within and outside of the
9 Department of Corrections.
10 "Streetgang", "gang", and "streetgang related" have the
11 meanings ascribed to them in Section 10 of the Illinois
12 Streetgang Terrorism Omnibus Prevention Act.
13 (s) To operate a super-maximum security
14 institution, in order to manage and supervise inmates who
15 are disruptive or dangerous and provide for the safety
16 and security of the staff and the other inmates.
17 (t) To monitor any unprivileged conversation or any
18 unprivileged communication, whether in person or by
19 mail, telephone, or other means, between an inmate who,
20 before commitment to the Department, was a member of an
21 organized gang and any other person without the need to
22 show cause or satisfy any other requirement of law before
23 beginning the monitoring, except as constitutionally
24 required. The monitoring may be by video, voice, or other
25 method of recording or by any other means. As used in
26 this subdivision (1)(t), "organized gang" has the meaning
27 ascribed to it in Section 10 of the Illinois Streetgang
28 Terrorism Omnibus Prevention Act.
29 As used in this subdivision (1)(t), "unprivileged
30 conversation" or "unprivileged communication" means a
31 conversation or communication that is not protected by
32 any privilege recognized by law or by decision, rule, or
33 order of the Illinois Supreme Court.
34 (u) To establish a Women's and Children's
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1 Pre-release Community Supervision Program for the purpose
2 of providing housing and services to eligible female
3 inmates, as determined by the Department, and their
4 newborn and young children.
5 (u-5) To provide information about voter
6 registration to persons who have been committed to
7 correctional institutions and facilities of the
8 Department upon their release from those institutions and
9 facilities.
10 (v) To do all other acts necessary to carry out the
11 provisions of this Chapter.
12 (2) The Department of Corrections shall by January 1,
13 1998, consider building and operating a correctional facility
14 within 100 miles of a county of over 2,000,000 inhabitants,
15 especially a facility designed to house juvenile participants
16 in the impact incarceration program.
17 (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
18 90-658, eff. 1-1-99; 91-239, eff. 1-1-00; 91-357, eff.
19 7-29-99.)".