|
17th birthday shall be restricted to the
following:
|
(1) Any local, State or federal law enforcement |
officers of any
jurisdiction or agency when necessary for |
the discharge of their official
duties during the |
investigation or prosecution of a crime or relating to a
|
minor who has been adjudicated delinquent and there has |
been a previous finding
that the act which constitutes the |
previous offense was committed in
furtherance of criminal |
activities by a criminal street gang, or, when necessary |
for the discharge of its official duties in connection with |
a particular investigation of the conduct of a law |
enforcement officer, an independent agency or its staff |
created by ordinance and charged by a unit of local |
government with the duty of investigating the conduct of |
law enforcement officers. For purposes of
this Section, |
"criminal street gang" has the meaning ascribed to it in
|
Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act.
|
(2) Prosecutors, probation officers, social workers, |
or other
individuals assigned by the court to conduct a |
pre-adjudication or
pre-disposition investigation, and |
individuals responsible for supervising
or providing |
temporary or permanent care and custody for minors pursuant |
to
the order of the juvenile court, when essential to |
performing their
responsibilities.
|
(3) Prosecutors and probation officers:
|
|
(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
under Section 5-805; or
|
(b) when institution of criminal proceedings has |
been permitted or required under Section 5-805 and such |
minor is the
subject
of a proceeding to determine the |
amount of bail; or
|
(c) when criminal proceedings have been permitted
|
or
required under Section 5-805 and such minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation, fitness hearing, or proceedings
on an |
application for probation.
|
(4) Adult and Juvenile Prisoner Review Board.
|
(5) Authorized military personnel.
|
(6) Persons engaged in bona fide research, with the |
permission of the
Presiding Judge of the Juvenile Court and |
the chief executive of the respective
law enforcement |
agency; provided that publication of such research results
|
in no disclosure of a minor's identity and protects the |
confidentiality
of the minor's record.
|
(7) Department of Children and Family Services child |
protection
investigators acting in their official |
capacity.
|
(8) The appropriate school official. Inspection and |
copying
shall be limited to law enforcement records |
transmitted to the appropriate
school official by a local |
|
law enforcement agency under a reciprocal reporting
system |
established and maintained between the school district and |
the local law
enforcement agency under Section 10-20.14 of |
the School Code concerning a minor
enrolled in a school |
within the school district who has been arrested or taken
|
into custody for any of the following offenses:
|
(i) unlawful use of weapons under Section 24-1 of |
the Criminal Code of
1961;
|
(ii) a violation of the Illinois Controlled |
Substances Act;
|
(iii) a violation of the Cannabis Control Act;
|
(iv) a forcible felony as defined in Section 2-8 of |
the Criminal Code
of 1961; or |
(v) a violation of the Methamphetamine Control and |
Community Protection Act.
|
(9) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Violent Persons |
Commitment Act relating to a person who is
the
subject of |
juvenile law enforcement records or the respondent to a |
petition
brought under the Sexually Violent Persons |
Commitment Act who is the subject of
the
juvenile law |
enforcement records sought.
Any records and any |
information obtained from those records under this
|
|
paragraph (9) may be used only in sexually violent persons |
commitment
proceedings.
|
(B) (1) Except as provided in paragraph (2), no law |
enforcement
officer or other person or agency may knowingly |
transmit to the Department of
Corrections, Adult Division |
or the Department of State Police or to the Federal
Bureau |
of Investigation any fingerprint or photograph relating to |
a minor who
has been arrested or taken into custody before |
his or her 17th birthday,
unless the court in proceedings |
under this Act authorizes the transmission or
enters an |
order under Section 5-805 permitting or requiring the
|
institution of
criminal proceedings.
|
(2) Law enforcement officers or other persons or |
agencies shall transmit
to the Department of State Police |
copies of fingerprints and descriptions
of all minors who |
have been arrested or taken into custody before their
17th |
birthday for the offense of unlawful use of weapons under |
Article 24 of
the Criminal Code of 1961, a Class X or Class |
1 felony, a forcible felony as
defined in Section 2-8 of |
the Criminal Code of 1961, or a Class 2 or greater
felony |
under the Cannabis Control Act, the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act,
or Chapter 4 of the Illinois Vehicle Code, |
pursuant to Section 5 of the
Criminal Identification Act. |
Information reported to the Department pursuant
to this |
Section may be maintained with records that the Department |
|
files
pursuant to Section 2.1 of the Criminal |
Identification Act. Nothing in this
Act prohibits a law |
enforcement agency from fingerprinting a minor taken into
|
custody or arrested before his or her 17th birthday for an |
offense other than
those listed in this paragraph (2).
|
(C) The records of law enforcement officers, or of an |
independent agency created by ordinance and charged by a unit |
of local government with the duty of investigating the conduct |
of law enforcement officers, concerning all minors under
17 |
years of age must be maintained separate from the records of |
arrests and
may not be open to public inspection or their |
contents disclosed to the
public except by order of the court |
presiding over matters pursuant to this Act or when the |
institution of criminal
proceedings has been permitted or |
required under Section
5-805 or such a person has been |
convicted of a crime and is the
subject of
pre-sentence |
investigation or proceedings on an application for probation
or |
when provided by law. For purposes of obtaining documents |
pursuant to this Section, a civil subpoena is not an order of |
the court. |
(1) In cases where the law enforcement, or independent |
agency, records concern a pending juvenile court case, the |
party seeking to inspect the records shall provide actual |
notice to the attorney or guardian ad litem of the minor |
whose records are sought. |
(2) In cases where the records concern a juvenile court |
|
case that is no longer pending, the party seeking to |
inspect the records shall provide actual notice to the |
minor or the minor's parent or legal guardian, and the |
matter shall be referred to the chief judge presiding over |
matters pursuant to this Act. |
(3) In determining whether the records should be |
available for inspection, the court shall consider the |
minor's interest in confidentiality and rehabilitation |
over the moving party's interest in obtaining the |
information. Any records obtained in violation of this |
subsection (C) shall not be admissible in any criminal or |
civil proceeding, or operate to disqualify a minor from |
subsequently holding public office or securing employment, |
or operate as a forfeiture of any public benefit, right, |
privilege, or right to receive any license granted by |
public authority.
|
(D) Nothing contained in subsection (C) of this Section |
shall prohibit
the inspection or disclosure to victims and |
witnesses of photographs
contained in the records of law |
enforcement agencies when the
inspection and disclosure is |
conducted in the presence of a law enforcement
officer for the |
purpose of the identification or apprehension of any person
|
subject to the provisions of this Act or for the investigation |
or
prosecution of any crime.
|
(E) Law enforcement officers, and personnel of an |
independent agency created by ordinance and charged by a unit |
|
of local government with the duty of investigating the conduct |
of law enforcement officers, may not disclose the identity of |
any minor
in releasing information to the general public as to |
the arrest, investigation
or disposition of any case involving |
a minor.
|
(F) Nothing contained in this Section shall prohibit law |
enforcement
agencies from communicating with each other by |
letter, memorandum, teletype or
intelligence alert bulletin or |
other means the identity or other relevant
information |
pertaining to a person under 17 years of age if there are
|
reasonable grounds to believe that the person poses a real and |
present danger
to the safety of the public or law enforcement |
officers. The information
provided under this subsection (F) |
shall remain confidential and shall not
be publicly disclosed, |
except as otherwise allowed by law.
|
(G) Nothing in this Section shall prohibit the right of a |
Civil Service
Commission or appointing authority of any state, |
county or municipality
examining the character and fitness of |
an applicant for employment with a law
enforcement agency, |
correctional institution, or fire department
from obtaining |
and examining the
records of any law enforcement agency |
relating to any record of the applicant
having been arrested or |
taken into custody before the applicant's 17th
birthday.
|
(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
|
Section 15. The Unified Code of Corrections is amended by |
|
changing Sections 3-2-5, 3-2-9, 3-3-4, 3-4-3, 3-5-3.1, 3-6-4, |
3-8-7, 3-10-7, and 3-13-4 as follows:
|
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
|
Sec. 3-2-5. Organization of the Department of Corrections |
and the Department of Juvenile Justice.
|
(a) There shall be a an Adult Division within the |
Department of Corrections which shall
be administered by a |
Director and an Assistant Director appointed by the Governor |
under
The Civil Administrative Code of Illinois. The Assistant |
Director shall be
under the direction of the Director. The |
Department of Corrections Adult Division shall be
responsible |
for all persons committed or transferred to the Department
|
under Sections 3-10-7 or 5-8-6 of this Code.
|
(b)
There shall be a Department of Juvenile Justice which |
shall be administered by a Director appointed by the Governor |
under the Civil Administrative Code of Illinois. The Department |
of Juvenile Justice shall be responsible for all persons under |
17 years of age when sentenced to imprisonment and committed to |
the Department under subsection (c) of Section 5-8-6 of this |
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 |
of the Juvenile Court Act of 1987. Persons under 17 years of |
age committed to the Department of Juvenile Justice pursuant to |
this Code shall be sight and sound separate from adult |
offenders committed to the Department of Corrections.
|
(c) The Department shall create a gang intelligence unit |
|
under the
supervision of the Director. The unit shall be |
specifically designed to gather
information regarding the |
inmate gang population, monitor the activities of
gangs, and |
prevent the furtherance of gang activities through the |
development
and implementation of policies aimed at deterring |
gang activity. The Director
shall appoint a Corrections |
Intelligence Coordinator.
|
All information collected and maintained by the unit shall |
be highly
confidential, and access to that information shall be |
restricted by the
Department. The information
shall be used to |
control and limit the activities of gangs within correctional
|
institutions under the jurisdiction of the Illinois
Department |
of Corrections and may be shared with other law enforcement |
agencies
in order to curb gang activities outside of |
correctional institutions under the
jurisdiction of the |
Department and to assist in
the investigations and prosecutions |
of gang activity. The Department shall
establish and promulgate |
rules governing the release of information to outside
law |
enforcement agencies. Due to the highly sensitive nature of the
|
information, the information is exempt from requests for |
disclosure under the
Freedom
of Information Act as the |
information contained is highly confidential and may
be harmful |
if disclosed.
|
The Department shall file an annual report with the General |
Assembly on the
profile of the inmate
population associated |
with gangs, gang-related activity within correctional
|
|
institutions under the jurisdiction of the Department,
and an |
overall status of the unit as it relates to its function and
|
performance.
|
(Source: P.A. 94-696, eff. 6-1-06.)
|
(730 ILCS 5/3-2-9) (from Ch. 38, par. 1003-2-9)
|
Sec. 3-2-9.
Each fiscal year, the Department shall prepare |
and
submit to the clerk of the circuit court a financial impact |
statement that
includes the estimated annual and monthly cost |
of incarcerating an
individual in a Department facility and the |
estimated construction cost per
bed. The estimated annual cost |
of incarcerating an individual in a
Department facility shall |
be derived by taking the annual expenditures of
Department of |
Corrections Adult Division facilities and all administrative |
costs and dividing the sum
of these factors by the average |
annual inmate population of the facilities.
All statements |
shall be made available to the public for inspection and
|
copying.
|
(Source: P.A. 87-417.)
|
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
|
Sec. 3-3-4. Preparation for Parole Hearing.
|
(a) The Prisoner Review Board shall consider the parole
of |
each eligible person committed to the Department of Corrections |
Adult Division at
least 30 days prior to the date he shall |
first become
eligible for parole, and shall consider the parole |
|
of each
person committed to the Department of Juvenile Justice |
as a delinquent
at least 30 days prior to the expiration of the |
first year
of confinement.
|
(b) A person eligible for parole shall, no less than 15 |
days in advance of
his parole interview, prepare a parole plan |
in accordance
with the rules of the Prisoner Review Board. The |
person
shall be assisted in preparing his parole plan by |
personnel
of the Department of Corrections, or the Department |
of Juvenile Justice in the case of a person committed to that |
Department, and may, for this purpose, be released
on furlough |
under Article 11 or on authorized absence under
Section 3-9-4. |
The appropriate Department shall also provide
assistance in |
obtaining information and records helpful to
the individual for |
his parole hearing. If the person eligible for parole has a |
petition or any written submissions prepared on his or her |
behalf by an attorney or other representative, the attorney or |
representative for the person eligible for parole must serve by |
certified mail the State's Attorney of the county where he or |
she was prosecuted with the petition or any written submissions |
15 days after his or her parole interview. The State's Attorney |
shall provide the attorney for the person eligible for parole |
with a copy of his or her letter in opposition to parole via |
certified mail within 5 business days of the en banc hearing.
|
(c) Any member of the Board shall have access at all
|
reasonable times to any committed person and to his master
|
record file within the Department, and the Department shall
|
|
furnish such a report to the Board
concerning the conduct and |
character of any such person prior to his or her parole |
interview.
|
(d) In making its determination of parole, the Board
shall |
consider:
|
(1) material transmitted to the Department of Juvenile |
Justice by the
clerk of the committing court under Section |
5-4-1 or Section
5-10 of the Juvenile Court Act or Section |
5-750 of the Juvenile
Court Act of 1987;
|
(2) the report under Section 3-8-2 or 3-10-2;
|
(3) a report by the Department and any report by the
|
chief administrative officer of the institution or |
facility;
|
(4) a parole progress report;
|
(5) a medical and psychological report, if requested
by |
the Board;
|
(6) material in writing, or on film, video tape or |
other electronic
means in the form of a recording submitted |
by the person whose parole
is being considered; and
|
(7) material in writing, or on film, video tape or |
other electronic
means in the form of a recording or |
testimony submitted by the State's
Attorney and the victim |
or a concerned citizen pursuant to the Rights of Crime |
Victims and Witnesses Act.
|
(e) The prosecuting State's Attorney's office shall |
receive from the Board reasonable
written notice not less than |
|
30 days prior to the parole interview and may
submit relevant |
information by oral argument or testimony of victims and |
concerned citizens, or both, in writing, or on film, video tape |
or other
electronic means or in the form of a recording to the |
Board for its
consideration. Upon written request of the |
State's Attorney's office, the Prisoner Review Board shall hear |
protests to parole, except in counties of 1,500,000 or more |
inhabitants where there shall be standing objections to all |
such petitions. If a State's Attorney who represents a county |
of less than 1,500,000 inhabitants requests a protest hearing, |
the inmate's counsel or other representative shall also receive |
notice of such request.
This hearing shall take place the month |
following the inmate's parole interview. If the inmate's parole |
interview is rescheduled then the Prisoner Review Board shall |
promptly notify the State's Attorney of the new date. The |
person eligible for parole shall be heard at the next scheduled |
en banc hearing date. If the case is to be continued, the |
State's Attorney's office and the attorney or representative |
for the person eligible for parole will be notified of any |
continuance within 5 business days. The State's Attorney may |
waive the written notice.
|
(f) The victim of the violent crime for which the prisoner |
has been
sentenced shall receive notice of a parole hearing as |
provided in paragraph
(4) of subsection (d) of Section 4.5 of |
the Rights of Crime Victims and Witnesses
Act.
|
(g) Any recording considered under the provisions of |
|
subsection (d)(6),
(d)(7) or (e) of this Section shall be in |
the form designated by the Board.
Such recording shall be both |
visual and aural. Every voice on the
recording and person |
present shall be identified and the recording shall
contain |
either a visual or aural statement of the person submitting |
such
recording, the date of the recording and the name of the |
person whose
parole eligibility is being considered. Such |
recordings shall be retained by
the Board and shall be deemed |
to be submitted at any subsequent parole hearing
if the victim |
or State's Attorney submits in writing a declaration clearly
|
identifying such recording as representing the present |
position of the
victim or State's Attorney regarding the issues |
to be considered at the parole
hearing.
|
(h) The Board shall not release any material to the inmate, |
the inmate's attorney, any third party, or any other person |
containing any information from the victim or from a person |
related to the victim by blood, adoption, or marriage who has |
written objections, testified at any hearing, or submitted |
audio or visual objections to the inmate's parole, unless |
provided with a waiver from that objecting party. |
(Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
|
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) |
Sec. 3-4-3. Funds and Property of Persons Committed.
|
(a) The Department of Corrections and the Department of |
Juvenile Justice shall establish accounting records with |
|
accounts
for each person who has or receives money while in an |
institution or
facility of that Department and it shall allow |
the withdrawal and
disbursement of money by the person under |
rules and regulations of that
Department. Any interest or other |
income from moneys deposited with the
Department by
a resident |
of the Department of Juvenile Justice in excess of $200
shall |
accrue to the individual's account, or in balances up to $200 |
shall
accrue to the Residents'
Benefit Fund. For an individual |
in an institution or facility
of the Department of Corrections |
Adult Division the interest shall accrue to the Residents' |
Benefit
Fund. The Department shall disburse all
moneys so held |
no later than the
person's final discharge from the Department. |
Moneys in the account of a
committed person who files a lawsuit |
determined frivolous under Article XXII of
the Code
of Civil |
Procedure shall be deducted to pay for the filing fees and cost |
of the
suit as
provided in that Article. The Department shall |
under
rules and regulations record and receipt all personal |
property not
allowed to committed persons. The Department shall |
return such property
to the individual no later than the |
person's release on parole.
|
(b) Any money held in accounts of committed persons |
separated from
the Department by death, discharge, or |
unauthorized absence and
unclaimed for a period of 1 year |
thereafter by the person or his legal
representative shall be |
transmitted to the State Treasurer who shall deposit
it into |
the General Revenue Fund. Articles of personal
property of
|
|
persons so separated may be sold or used by the Department if |
unclaimed
for a period of 1 year for the same purpose. |
Clothing, if unclaimed
within 30 days, may be used or disposed |
of as determined by the
Department.
|
(c) Forty percent of the profits on sales from commissary |
stores shall
be
expended by the
Department for the special |
benefit of committed persons which shall include
but not be |
limited to the advancement of inmate payrolls, for the special
|
benefit of employees, and for the advancement or reimbursement |
of employee
travel,
provided that amounts expended for |
employees shall not exceed the amount
of profits derived from |
sales made to employees by such commissaries, as
determined by |
the Department. The remainder of the profits from sales from
|
commissary
stores must be used first to pay for wages and |
benefits of employees covered
under a
collective bargaining |
agreement who are employed at commissary facilities of
the
|
Department and then to pay the costs of dietary staff.
|
(d) The Department shall confiscate any unauthorized |
currency found in the
possession of a committed person. The |
Department shall transmit the
confiscated currency to the State |
Treasurer who shall deposit it into the
General Revenue Fund.
|
(Source: P.A. 93-607, eff. 1-1-04; 94-696, eff. 6-1-06.)
|
(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
|
Sec. 3-5-3.1. As used in this Section, "facility" includes |
any
facility of the Adult Division of
the Department of |
|
Corrections and any facility of the Department of Juvenile |
Justice.
|
The Department of Corrections and the Department of |
Juvenile Justice shall each, by
January 1st, April
1st, July |
1st, and October 1st of each year, transmit to the General
|
Assembly, a report which shall include the following |
information reflecting the period
ending fifteen days prior to |
the submission of the report: 1) the number
of residents in all |
Department facilities indicating the number of
residents in |
each listed facility; 2) a classification of each facility's
|
residents by the nature of the offense for which each resident |
was
committed to the Department; 3) the number of residents in |
maximum, medium,
and minimum security facilities indicating |
the classification of each
facility's residents by the nature |
of the offense for which each resident
was committed to the |
Department; 4) the educational and vocational programs
|
provided at each facility and the number of residents |
participating in each
such program; 5) the present capacity |
levels in each facility; 6) the
projected capacity of each |
facility six months and one year following each
reporting date; |
7) the ratio of the security guards to residents in each
|
facility; 8) the ratio of total employees to residents in each |
facility; 9)
the number of residents in each facility that are |
single-celled and the
number in each facility that are |
double-celled; 10) information indicating
the distribution of |
residents in each facility by the allocated floor space
per |
|
resident; 11) a status of all capital projects currently funded |
by the
Department, location of each capital project, the |
projected on-line dates
for each capital project, including |
phase-in dates and full occupancy
dates; 12) the projected |
adult prison facility
populations in respect to the Department |
of Corrections and the projected juvenile facility population |
with respect to the Department of Juvenile Justice for each of |
the succeeding
twelve months following each reporting date, |
indicating all assumptions
built into such population |
estimates; 13) the projected exits and projected
admissions in |
each facility for each of the succeeding twelve months
|
following each reporting date, indicating all assumptions |
built into such
population estimate; and 14) the locations of |
all Department-operated or
contractually operated community |
correctional centers, including the
present capacity and |
population levels at each facility.
|
(Source: P.A. 94-696, eff. 6-1-06.)
|
(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
|
Sec. 3-6-4. Enforcement of Discipline - Escape.
|
(a) A committed person who escapes or attempts to escape |
from an
institution or facility of the Department of |
Corrections Adult Division, or escapes or attempts to
escape |
while in the custody of an employee of the Department of |
Corrections Adult Division, or
holds or participates in the |
holding of any person as a hostage by
force, threat or |
|
violence, or while participating in any disturbance,
|
demonstration or riot, causes, directs or participates in the
|
destruction of any property is guilty of a Class 2 felony. A |
committed
person who fails to return from furlough or from work |
and day release is
guilty of a Class 3 felony.
|
(b) If one or more committed persons injures or attempts to |
injure
in a violent manner any employee, officer, guard, other |
peace officer
or any other committed person or damages or |
attempts to damage any building or
workshop, or any |
appurtenances thereof, or attempts to escape, or disobeys or
|
resists any lawful command, the employees, officers, guards and |
other peace
officers shall use all suitable means to defend |
themselves, to enforce the
observance of discipline, to secure |
the persons of the offenders, and prevent
such attempted |
violence or escape; and said employees, officers, guards, or
|
other peace officers, or any of them, shall, in the attempt to |
prevent the
escape of any such person, or in attempting to |
retake any such person who has
escaped, or in attempting to |
prevent or suppress violence by a committed person
against |
another person, a riot, revolt, mutiny or insurrection, be |
justified in
the use of force, including force likely to cause |
death or great bodily harm
under Section 7-8 of the Criminal |
Code of 1961 which he reasonably believed
necessary.
|
As used in this Section, "committed person" includes a |
person held in
detention in a secure facility or committed as a |
sexually violent person and
held in a secure facility under the |
|
Sexually Violent Persons Commitment Act;
and "peace officer" |
means any officer or member
of any duly organized State, county |
or municipal police unit or police force.
|
(c) The Department shall establish procedures to provide |
immediate
notification of the escape of any person, as defined |
in subsection (a) of this
Section, to the persons specified in |
subsection (c) of Section
3-14-1 of this Code.
|
(Source: P.A. 90-793, eff. 8-14-98; 91-695, eff. 4-13-00.)
|
(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 Department of |
Corrections 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. 93-272, eff. 7-22-03.)
|
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
|
Sec. 3-10-7. Interdivisional Transfers. |
(a) In any case where a minor
was originally prosecuted |
under the provisions of the Criminal Code of
1961, as amended, |
and sentenced under the provisions of this Act pursuant
to |
Section 2-7 of the Juvenile Court Act or Section 5-805 of the
|
Juvenile
Court Act of 1987 and committed to the Department of |
Juvenile Justice under Section 5-8-6, the Department of |
Juvenile Justice shall, within
30 days of the date that the |
minor
reaches the age of 17, send formal notification to the |
sentencing court
and the State's Attorney of the county from |
which the minor was sentenced
indicating the day upon which the |
minor offender will achieve the age
of 17. Within 90 days of |
receipt of that notice, the sentencing court shall
conduct a |
hearing, pursuant to the provisions of subsection (c) of this
|
Section to determine whether or not the minor shall continue to |
remain
under the auspices of the Department of Juvenile Justice |
|
or be transferred to the Adult
Division of the Department of |
Corrections.
|
The minor shall be served with notice of the date of the |
hearing,
shall be present at the hearing, and has the right to |
counsel at the
hearing. The minor, with the consent of his or |
her counsel or guardian may
waive his presence at hearing.
|
(b) Unless sooner paroled under Section 3-3-3, the |
confinement of a
minor person committed for an indeterminate |
sentence in a criminal
proceeding shall terminate at the |
expiration of the maximum term of
imprisonment, and he shall |
thereupon be released to serve a period of
parole under Section |
5-8-1, but if the maximum term of imprisonment does
not expire |
until after his 21st birthday, he shall continue to be
subject |
to the control and custody of the Department of Juvenile |
Justice, and on his 21st
birthday, he shall be transferred to |
the Adult Division of the Department of Corrections. If such |
person
is on parole on his 21st birthday, his parole |
supervision may be
transferred to the Adult Division of the |
Department of Corrections.
|
(c) Any interdivisional transfer hearing conducted |
pursuant to subsection
(a) of this Section shall consider all |
available information which may bear
upon the issue of |
transfer. All evidence helpful to the court in determining
the |
question of transfer, including oral and written reports |
containing
hearsay, may be relied upon to the extent of its |
probative value, even though
not competent for the purposes of |
|
an adjudicatory hearing. The court shall
consider, along with |
any other relevant matter, the following:
|
1. The nature of the offense for which the minor was |
found guilty and
the length of the sentence the minor has |
to serve and the record and
previous history of the minor.
|
2. The record of the minor's adjustment within the |
Department of
Juvenile Justice, including, but not limited |
to, reports from
the minor's counselor, any escapes, |
attempted escapes or violent or
disruptive conduct on the |
part of the minor, any tickets received by the
minor, |
summaries of classes attended by the minor, and any record |
of work
performed by the minor while in the institution.
|
3. The relative maturity of the minor based upon the |
physical,
psychological and emotional development of the |
minor.
|
4. The record of the rehabilitative progress of the |
minor and an
assessment of the vocational potential of the |
minor.
|
5. An assessment of the necessity for transfer of the |
minor, including,
but not limited to, the availability of |
space within the Department of
Corrections, the |
disciplinary and security problem which the minor has
|
presented to the Department of Juvenile Justice and the |
practicability of maintaining
the minor in a juvenile |
facility, whether resources have been exhausted
within the |
Department of Juvenile Justice, the
availability of |
|
rehabilitative and vocational programs within the
|
Department of Corrections, and the anticipated ability of |
the minor to
adjust to confinement within an adult |
institution based upon the minor's
physical size and |
maturity.
|
All relevant factors considered under this subsection need |
not be resolved
against the juvenile in order to justify such |
transfer. Access to social
records, probation reports or any |
other reports which are considered by
the court for the purpose |
of transfer shall be made available to counsel
for the juvenile |
at least 30 days prior to the date of the transfer hearing.
The |
Sentencing Court, upon granting a transfer order, shall |
accompany such
order with a statement of reasons.
|
(d) Whenever the Director of Juvenile Justice or his |
designee determines that the
interests of safety, security and |
discipline require the transfer to the
Department of |
Corrections of a person 17 years or older who was prosecuted |
under the
provisions of the Criminal Code of 1961, as amended, |
and sentenced under
the provisions of this Act pursuant to |
Section 2-7 of the Juvenile Court Act
or Section 5-805 of the |
Juvenile Court Act of 1987
and committed to the Department of |
Juvenile Justice under Section 5-8-6, the Director or
his |
designee may authorize the emergency transfer of such person, |
unless
the transfer of the person is governed by subsection (e) |
of this Section.
The sentencing court shall be provided notice |
of any emergency transfer no
later than 3 days after the |
|
emergency transfer. Upon motion brought within
60 days of the |
emergency transfer by the sentencing court or any party, the
|
sentencing court may conduct a hearing pursuant to the |
provisions of
subsection (c) of this Section in order to |
determine whether the person
shall remain confined in the |
Department of Corrections.
|
(e) The Director of Juvenile Justice or his designee may |
authorize the permanent transfer to
the Department of |
Corrections of any person 18 years or older who was prosecuted |
under
the provisions of the Criminal Code of 1961, as amended, |
and sentenced
under the provisions of this Act pursuant to |
Section 2-7 of the Juvenile
Court Act or Section 5-805 of the |
Juvenile Court Act of 1987
and committed to the Department of |
Juvenile Justice under Section 5-8-6 of this Act.
The Director |
of Juvenile Justice or his designee shall be governed by the |
following factors
in determining whether to authorize the |
permanent transfer of the person to
the Department of |
Corrections:
|
1. The nature of the offense for which the person was |
found guilty and
the length of the sentence the person has |
to serve and the record and
previous history of the person.
|
2. The record of the person's adjustment within the |
Department of Juvenile Justice, including, but not limited |
to, reports from
the person's counselor, any escapes, |
attempted escapes or violent or
disruptive conduct on the |
part of the person, any tickets received by the
person, |
|
summaries of classes attended by the person, and any record |
of work
performed by the person while in the institution.
|
3. The relative maturity of the person based upon the |
physical,
psychological and emotional development of the |
person.
|
4. The record of the rehabilitative progress of the |
person and an
assessment of the vocational potential of the |
person.
|
5. An assessment of the necessity for transfer of the |
person, including,
but not limited to, the availability of |
space within the Department of
Corrections, the |
disciplinary and security problem which the person has
|
presented to the Department of Juvenile Justice and the |
practicability of maintaining
the person in a juvenile |
facility, whether resources have been exhausted
within the |
Department of Juvenile Justice, the
availability of |
rehabilitative and vocational programs within the
|
Department of Corrections, and the anticipated ability of |
the person to
adjust to confinement within an adult |
institution based upon the person's
physical size and |
maturity.
|
(Source: P.A. 94-696, eff. 6-1-06.)
|
(730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4)
|
Sec. 3-13-4.
Rules and Sanctions.) (a) The Department shall
|
establish rules governing release status and shall provide |
|
written
copies of such rules to both the committed person on |
work or day release
and to the employer or other person |
responsible for the individual.
Such employer or other |
responsible person shall agree to abide by such
rules, notify |
the Department of any violation thereof by the individual
on |
release status, and notify the Department of the discharge of |
the
person from work or other programs.
|
(b) If a committed person violates any rule, the Department |
may
impose sanctions appropriate to the violation. The |
Department shall
provide sanctions for unauthorized absences |
which shall include
prosecution for escape under Section 3-6-4.
|
(c) An order certified by the Director, Assistant Director
|
Adult Division, or the Supervisor of the Apprehension Unit, or |
a person
duly designated by him or her, with the seal of the |
Department of Corrections
attached and directed to all |
sheriffs, coroners, police officers, or to
any particular |
persons named in the order shall be sufficient
warrant for the |
officer or person named therein to arrest and deliver
the |
violator to the proper correctional official. Such order shall |
be
executed the same as criminal processes.
|
In the event that a work-releasee is arrested for another |
crime, the
sheriff or police officer shall hold the releasee in |
custody until he
notifies the nearest Office of Field Services |
or any of the above-named
persons designated in this Section to |
certify the particular process or
warrant.
|
(d) Not less than 15 days prior to any person being placed |
|
in a work release
facility, the Department of Corrections shall |
provide to the State's Attorney
and Sheriff of the county in |
which the work release center is located, relevant
identifying |
information concerning the person to be placed in the work |
release
facility. Such information shall include, but not be |
limited to, such identifying
information as name, age, physical |
description, photograph, the offense,
and the sentence for |
which the person is serving time in the Department
of |
Corrections, and like information. The Department of |
Corrections shall,
in addition, give written notice not less |
than 15 days prior to the
placement to the State's Attorney of |
the county from which the offender
was originally sentenced.
|
(Source: P.A. 83-346.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|