Bill Amendment: IL HB4089 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CTY JAIL-INMATE TRANSFER-DHS
Status: 2015-07-31 - Public Act . . . . . . . . . 99-0215 [HB4089 Detail]
Download: Illinois-2015-HB4089-House_Amendment_001.html
Bill Title: CTY JAIL-INMATE TRANSFER-DHS
Status: 2015-07-31 - Public Act . . . . . . . . . 99-0215 [HB4089 Detail]
Download: Illinois-2015-HB4089-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4089
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2 | AMENDMENT NO. ______. Amend House Bill 4089 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The County Jail Act is amended by changing | ||||||
5 | Section 14 as follows:
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6 | (730 ILCS 125/14) (from Ch. 75, par. 114)
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7 | Sec. 14.
At any time, in the opinion of the Warden, the | ||||||
8 | lives or health
of the prisoners are endangered or the security | ||||||
9 | of the penal institution is threatened, to such a degree as to | ||||||
10 | render their removal
necessary, the Warden may cause an | ||||||
11 | individual prisoner or a group of prisoners to be removed to | ||||||
12 | some suitable
place within the county, or to the jail of some | ||||||
13 | convenient county, where
they may be confined until they can be | ||||||
14 | safely returned to the place whence
they were removed. No | ||||||
15 | prisoner charged with a felony shall be removed by
the warden | ||||||
16 | to a Mental Health or Developmental Disabilities facility as
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1 | defined in the Mental Health and Developmental Disabilities | ||||||
2 | Code, except as
specifically authorized by Article 104 or 115 | ||||||
3 | of the Code of Criminal Procedure of
1963, or the Mental Health | ||||||
4 | and Developmental Disabilities Code. Any place
to which the | ||||||
5 | prisoners are so removed shall,
during their imprisonment | ||||||
6 | there, be deemed, as to such prisoners, a prison
of the county | ||||||
7 | in which they were originally confined; but, they shall be
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8 | under the care, government and direction of the Warden of the | ||||||
9 | jail of the
county in which they are confined. When any | ||||||
10 | criminal detainee is transferred to the custody of the | ||||||
11 | Department of Human Services, the warden shall supply the | ||||||
12 | Department of Human Services with all of the legally available | ||||||
13 | information as described in 20 Ill. Adm. Code 701.60(f).
When a | ||||||
14 | criminal detainee is delivered to the custody of the | ||||||
15 | Department, the following information must be included with the | ||||||
16 | items delivered: | ||||||
17 | (1) the sentence imposed; | ||||||
18 | (2) any findings of great bodily harm made by the court; | ||||||
19 | (3) any statement by the court on the basis for imposing | ||||||
20 | the sentence; | ||||||
21 | (4) any presentence reports; | ||||||
22 | (5) any sex offender evaluations; | ||||||
23 | (6) any substance abuse treatment eligibility screening | ||||||
24 | and assessment of the criminal detainee by an agent designated | ||||||
25 | by the State to provide assessments for Illinois courts; | ||||||
26 | (7) the number of days, if any, which the criminal detainee |
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1 | has been in custody and for which he or she is entitled to | ||||||
2 | credit against the sentence. Certification of jail credit time | ||||||
3 | shall include any time served in the custody of the Illinois | ||||||
4 | Department of Human Services-Division of Mental Health or | ||||||
5 | Division of Developmental Disabilities, time served in another | ||||||
6 | state or federal jurisdiction, and any time served while on | ||||||
7 | probation or periodic imprisonment; | ||||||
8 | (8) State's Attorney's statement of facts, including the | ||||||
9 | facts and circumstances of the offenses for which the criminal | ||||||
10 | detainee was committed, any other factual information | ||||||
11 | accessible to the State's Attorney prior to the commitment to | ||||||
12 | the Department relative to the criminal detainee's habits, | ||||||
13 | associates, disposition, and reputation or other information | ||||||
14 | that may aid the Department during the custody of the criminal | ||||||
15 | detainee. If the statement is unavailable at the time of | ||||||
16 | delivery, the statement must be transmitted within 10 days | ||||||
17 | after receipt by the clerk of the court; | ||||||
18 | (9) any medical or mental health records or summaries; | ||||||
19 | (10) any victim impact statements; | ||||||
20 | (11) name of municipalities where the arrest of the | ||||||
21 | criminal detainee and the commission of the offense occurred, | ||||||
22 | if the municipality has a population of more than 25,000 | ||||||
23 | persons; | ||||||
24 | (12) all additional matters that the court directs the | ||||||
25 | clerk to transmit; | ||||||
26 | (13) a record of the criminal detainee's time and his or |
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1 | her behavior and conduct while in the custody of the county. | ||||||
2 | Any action on the part of the criminal detainee that might | ||||||
3 | affect his or her security status with the Department, | ||||||
4 | including, but not limited to, an escape attempt, participation | ||||||
5 | in a riot, or a suicide attempt should be included in the | ||||||
6 | record; and | ||||||
7 | (14) the mittimus or sentence (judgment) order that | ||||||
8 | provides the following information: | ||||||
9 | (A) the criminal case number, names and citations of | ||||||
10 | the offenses, judge's name, date of sentence, and, if | ||||||
11 | applicable, whether the sentences are to be served | ||||||
12 | concurrently or consecutively; | ||||||
13 | (B) the number of days spent in custody; and | ||||||
14 | (C) if applicable, the calculation of pre-trial | ||||||
15 | program sentence credit awarded by the court to the | ||||||
16 | criminal detainee, including, at a minimum, identification | ||||||
17 | of the type of pre-trial program the criminal detainee | ||||||
18 | participated in and the number of eligible days the court | ||||||
19 | finds the criminal detainee spent in the pre-trial program | ||||||
20 | multiplied by the calculation factor of 0.5 for the total | ||||||
21 | court-awarded credit.
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22 | (Source: P.A. 97-104, eff. 1-1-12.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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