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Public Act 92-0712
HB4116 Enrolled LRB9214685RCcd
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended
by changing Section 3-2-2 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts
of this State for care, custody, treatment and
rehabilitation.
(b) To develop and maintain reception and
evaluation units for purposes of analyzing the custody
and rehabilitation needs of persons committed to it and
to assign such persons to institutions and programs under
its control or transfer them to other appropriate
agencies. In consultation with the Department of
Alcoholism and Substance Abuse (now the Department of
Human Services), the Department of Corrections shall
develop a master plan for the screening and evaluation of
persons committed to its custody who have alcohol or drug
abuse problems, and for making appropriate treatment
available to such persons; the Department shall report to
the General Assembly on such plan not later than April 1,
1987. The maintenance and implementation of such plan
shall be contingent upon the availability of funds.
(b-1) To create and implement, on January 1, 2002,
a pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included
in the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the
Department of State Police, a program for tracking and
evaluating each inmate from commitment through release
for recording his or her gang affiliations, activities,
or ranks.
(c) To maintain and administer all State
correctional institutions and facilities under its
control and to establish new ones as needed. Pursuant to
its power to establish new institutions and facilities,
the Department may, with the written approval of the
Governor, authorize the Department of Central Management
Services to enter into an agreement of the type described
in subsection (d) of Section 405-300 of the Department of
Central Management Services Law (20 ILCS 405/405-300).
The Department shall designate those institutions which
shall constitute the State Penitentiary System.
Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,
remodeling or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not
less than the time needed to retire any revenue bonds
used to finance the project, but not to exceed 40 years.
The lease may grant to the State the option to purchase
the structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the
General Assembly, pursuant to joint resolution, the
Department of Central Management Services may enter into
an agreement with the county or municipality pursuant to
such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the
counties as established by the Department to defray the
costs of housing each minor in a center. In this
subsection (c-5), "juvenile detention center" means a
facility to house minors during pendency of trial who
have been transferred from proceedings under the Juvenile
Court Act of 1987 to prosecutions under the criminal laws
of this State in accordance with Section 5-805 of the
Juvenile Court Act of 1987, whether the transfer was by
operation of law or permissive under that Section. The
Department shall designate the counties to be served by
each regional juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(e) To establish a system of supervision and
guidance of committed persons in the community.
(f) To establish in cooperation with the Department
of Transportation to supply a sufficient number of
prisoners for use by the Department of Transportation to
clean up the trash and garbage along State, county,
township, or municipal highways as designated by the
Department of Transportation. The Department of
Corrections, at the request of the Department of
Transportation, shall furnish such prisoners at least
annually for a period to be agreed upon between the
Director of Corrections and the Director of
Transportation. The prisoners used on this program shall
be selected by the Director of Corrections on whatever
basis he deems proper in consideration of their term,
behavior and earned eligibility to participate in such
program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson,
or a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program.
The prisoners shall remain as prisoners in the custody of
the Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it
and to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses
and the production of writings and papers, and may
examine under oath any witnesses who may appear before
it; to also investigate alleged violations of a parolee's
or releasee's conditions of parole or release; and for
this purpose it may issue subpoenas and compel the
attendance of witnesses and the production of documents
only if there is reason to believe that such procedures
would provide evidence that such violations have
occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The
failure to comply with the order of the court issued in
response thereto shall be punishable as contempt of
court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to
investigate the alleged misconduct of committed persons
or employees or alleged violations of a parolee's or
releasee's conditions of parole shall be conservators of
the peace for those purposes, and shall have the full
power of peace officers outside of the facilities of the
Department in the protection, arrest, retaking and
reconfining of committed persons or where the exercise of
such power is necessary to the investigation of such
misconduct or violations.
(j) To cooperate with other departments and
agencies and with local communities for the development
of standards and programs for better correctional
services in this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the
committed persons, institutions and programs of the
Department.
(l-5) In a confidential annual report to the
Governor, the Department shall identify all inmate gangs
by specifying each current gang's name, population and
allied gangs. The Department shall further specify the
number of top leaders identified by the Department for
each gang during the past year, and the measures taken by
the Department to segregate each leader from his or her
gang and allied gangs. The Department shall further
report the current status of leaders identified and
segregated in previous years. All leaders described in
the report shall be identified by inmate number or other
designation to enable tracking, auditing, and
verification without revealing the names of the leaders.
Because this report contains law enforcement intelligence
information collected by the Department, the report is
confidential and not subject to public disclosure.
(m) To make all rules and regulations and exercise
all powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of good conduct credits,
established in accordance with Section 3-6-3, subject to
review by the Prisoner Review Board.
(o) To administer the distribution of funds from
the State Treasury to reimburse counties where State
penal institutions are located for the payment of
assistant state's attorneys' salaries under Section
4-2001 of the Counties Code.
(p) To exchange information with the Department of
Human Services and the Illinois Department of Public Aid
for the purpose of verifying living arrangements and for
other purposes directly connected with the administration
of this Code and the Illinois Public Aid Code.
(q) To establish a diversion program.
The program shall provide a structured environment
for selected technical parole or mandatory supervised
release violators and committed persons who have violated
the rules governing their conduct while in work release.
This program shall not apply to those persons who have
committed a new offense while serving on parole or
mandatory supervised release or while committed to work
release.
Elements of the program shall include, but shall not
be limited to, the following:
(1) The staff of a diversion facility shall
provide supervision in accordance with required
objectives set by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and
board at the facility on a sliding-scale basis
according to the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any
other court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and
alcohol screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) To enter into intergovernmental cooperation
agreements under which minors adjudicated delinquent and
committed to the Department of Corrections, Juvenile
Division, may participate in a county juvenile impact
incarceration program established under Section 3-6039 of
the Counties Code.
(r-10) To systematically and routinely identify
with respect to each streetgang active within the
correctional system: (1) each active gang; (2) every
existing inter-gang affiliation or alliance; and (3) the
current leaders in each gang. The Department shall
promptly segregate leaders from inmates who belong to
their gangs and allied gangs. "Segregate" means no
physical contact and, to the extent possible under the
conditions and space available at the correctional
facility, prohibition of visual and sound communication.
For the purposes of this paragraph (r-10), "leaders"
means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within
the streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security
institution, in order to manage and supervise inmates who
are disruptive or dangerous and provide for the safety
and security of the staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by
mail, telephone, or other means, between an inmate who,
before commitment to the Department, was a member of an
organized gang and any other person without the need to
show cause or satisfy any other requirement of law before
beginning the monitoring, except as constitutionally
required. The monitoring may be by video, voice, or other
method of recording or by any other means. As used in
this subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by
any privilege recognized by law or by decision, rule, or
order of the Illinois Supreme Court.
(u) To establish a Women's and Children's
Pre-release Community Supervision Program for the purpose
of providing housing and services to eligible female
inmates, as determined by the Department, and their
newborn and young children.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(3) When the Department lets bids for contracts for
medical services to be provided to persons committed to
Department facilities by a health maintenance organization,
medical service corporation, or other health care provider,
the bid may only be let to a health care provider that has
obtained an irrevocable letter of credit or performance bond
issued by a company whose bonds are rated AAA by a bond
rating organization.
(4) When the Department lets bids for contracts for food
or commissary services to be provided to Department
facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds
are rated AAA by a bond rating organization.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
92-444, eff. 1-1-02.)
Passed in the General Assembly May 09, 2002.
Approved July 23, 2002.
Effective January 01, 2003.
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