Public Act 93-0272

SB108 Enrolled                       LRB093 06798 RLC 06939 b

    AN ACT concerning corrections.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 1. Findings; purpose.
    (a)  The General Assembly finds and declares that:
         (1)  Public  Act  89-688,  effective  June  1, 1997,
    contained  provisions  amending  Section  3-8-7  of   the
    Unified  Code  of  Corrections  relating  to disciplinary
    procedures  at  Department  of  Corrections   facilities.
    Public Act 89-688 also contained other provisions.
         (2)  On  October  20,  2000,  in People v. Jerry Lee
    Foster, 316 Ill. App.  3d  855,  the  Illinois  Appellate
    Court,  Fourth  District,  ruled  that  Public Act 89-688
    violates  the  single  subject  clause  of  the  Illinois
    Constitution (Article IV, Section 8 (d)) and is therefore
    unconstitutional in its entirety.
         (3)  The provisions added and deleted  from  Section
    3-8-7  of  the  Unified Code of Corrections by Public Act
    89-688 are of vital concern to the people of this  State.
    Prompt  legislative action concerning those provisions is
    necessary.
    (b)  It is the purpose of this Act  to  re-enact  Section
3-8-7  of  the  Unified  Code  of  Corrections, including the
provisions added and  deleted  by  Public  Act  89-688.  This
re-enactment  is  intended  to  remove any question as to the
validity or content of those provisions; it is  not  intended
to supersede any other Public Act that amends the text of the
Section  as set forth in this Act. The re-enacted material is
shown  in  this  Act  as   existing   text   (i.e.,   without
underscoring).

    Section  5. The Unified Code of Corrections is amended by
re-enacting Section 3-8-7 as follows:

    (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
    Sec. 3-8-7. Disciplinary Procedures.)
    (a)  All disciplinary action  shall  be  consistent  with
this  Chapter.   Rules of behavior and conduct, the penalties
for violation thereof,  and  the  disciplinary  procedure  by
which  such  penalties  may  be imposed shall be available to
committed persons.
    (b)  (1)  Corporal    punishment     and     disciplinary
    restrictions  on  diet,  medical  or sanitary facilities,
    mail or access to legal materials are prohibited.
         (2)  (Blank).
         (3)  (Blank).
    (c)  Review of disciplinary  action  imposed  under  this
Section shall be provided by means of the grievance procedure
under   Section   3-8-8.   The  Department  shall  provide  a
disciplined person with a review of his or  her  disciplinary
action in a timely manner as required by law.
    (d)  All   institutions   and  facilities  of  the  Adult
Division shall establish, subject  to  the  approval  of  the
Director,  procedures  for  hearing disciplinary cases except
those  that  may  involve  the  imposition  of   disciplinary
segregation and isolation; the loss of good time credit under
Section 3-6-3 or eligibility to earn good time credit.
    (e)  In   disciplinary   cases   which  may  involve  the
imposition of disciplinary  segregation  and  isolation,  the
loss  of  good  time  credit or eligibility to earn good time
credit, the Director shall establish disciplinary  procedures
consistent with the following principles:
         (1)  Any   person   or   persons   who   initiate  a
    disciplinary charge against a person shall not  determine
    the   disposition   of  the  charge.   The  Director  may
    establish one or more disciplinary  boards  to  hear  and
    determine charges.
         (2)  Any  committed  person charged with a violation
    of Department rules of behavior shall be given notice  of
    the  charge  including  a  statement  of  the  misconduct
    alleged  and  of  the  rules  this  conduct is alleged to
    violate.
         (3)  Any person charged with a violation of rules is
    entitled to a hearing on that charge  at  which  time  he
    shall  have  an  opportunity to appear before and address
    the person or persons deciding the charge.
         (4)  The   person   or   persons   determining   the
    disposition of the charge may also summon to testify  any
    witnesses or other persons with relevant knowledge of the
    incident.
         (5)  If  the charge is sustained, the person charged
    is entitled to a written statement of the decision by the
    persons determining the disposition of the  charge  which
    shall   include  the  basis  for  the  decision  and  the
    disciplinary action, if any, to be imposed.
         (6)  (Blank).
(Source: P.A. 89-688, eff. 6-1-97.)

    Section 99. Effective date. This Act  takes  effect  upon
becoming law.