Bill Text: IL HB0310 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Provides that if one or more committed persons in a Department of Corrections institution or facility 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 other persons as well as themselves, to enforce the observance of discipline, to achieve a permitted purpose, to secure the persons of the offenders, and prevent such attempted violence or escape. Provides that use of force shall be terminated as soon as force is no longer necessary. Provides that corporal punishment is prohibited. Provides that use of chemical agents may be justified under the following circumstances: (1) when use of force is otherwise justified; (2) when lesser means are unavailable or inadequate; (3) when a committed person refuses to follow direct orders and verbalizes intent to resist the use of justified force to compel compliance with a lawful command; or (4) when a reasonable person would believe that a committed person is likely to resist the use of justified force to compel compliance with a lawful command. Provides that in a Department of Juvenile Justice facility, force shall be employed only to the degree reasonably necessary to defend oneself, another person, or to achieve a permitted purpose. Provides that use of force shall be terminated as soon as force is no longer necessary. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0310 Detail]

Download: Illinois-2017-HB0310-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0310

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-6-4 from Ch. 38, par. 1003-6-4
730 ILCS 5/3-10-8 from Ch. 38, par. 1003-10-8

Amends the Unified Code of Corrections. Provides that if one or more committed persons in a Department of Corrections institution or facility 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 other persons as well as themselves, to enforce the observance of discipline, to achieve a permitted purpose, to secure the persons of the offenders, and prevent such attempted violence or escape. Provides that use of force shall be terminated as soon as force is no longer necessary. Provides that corporal punishment is prohibited. Provides that use of chemical agents may be justified under the following circumstances: (1) when use of force is otherwise justified; (2) when lesser means are unavailable or inadequate; (3) when a committed person refuses to follow direct orders and verbalizes intent to resist the use of justified force to compel compliance with a lawful command; or (4) when a reasonable person would believe that a committed person is likely to resist the use of justified force to compel compliance with a lawful command. Provides that in a Department of Juvenile Justice facility, force shall be employed only to the degree reasonably necessary to defend oneself, another person, or to achieve a permitted purpose. Provides that use of force shall be terminated as soon as force is no longer necessary. Effective immediately.
LRB100 05370 RLC 15381 b

A BILL FOR

HB0310LRB100 05370 RLC 15381 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-6-4 and 3-10-8 as follows:
6 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
7 Sec. 3-6-4. Enforcement of Discipline - Escape.
8 (a) A committed person who escapes or attempts to escape
9from an institution or facility of the Department of
10Corrections, or escapes or attempts to escape while in the
11custody of an employee of the Department of Corrections, or
12holds or participates in the holding of any person as a hostage
13by force, threat or violence, or while participating in any
14disturbance, demonstration or riot, causes, directs or
15participates in the destruction of any property is guilty of a
16Class 2 felony. A committed person who fails to return from
17furlough or from work and day release is guilty of a Class 3
18felony.
19 (b) If one or more committed persons injures or attempts to
20injure in a violent manner any employee, officer, guard, other
21peace officer or any other committed person or damages or
22attempts to damage any building or workshop, or any
23appurtenances thereof, or attempts to escape, or disobeys or

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1resists any lawful command, the employees, officers, guards and
2other peace officers shall use all suitable means to defend
3themselves or other persons, to enforce the observance of
4discipline, to achieve a permitted purpose, to secure the
5persons of the offenders, and prevent such attempted violence
6or escape; and said employees, officers, guards, or other peace
7officers, or any of them, shall, in the attempt to prevent the
8escape of any such person, or in attempting to retake any such
9person who has escaped, or in attempting to prevent or suppress
10violence by a committed person against another person, a riot,
11revolt, mutiny or insurrection, be justified in the use of
12force, including force likely to cause death or great bodily
13harm under Section 7-8 of the Criminal Code of 2012, which he
14or she reasonably believed necessary. Use of force shall be
15terminated as soon as force is no longer necessary. Corporal
16punishment is prohibited. Use of chemical agents may be
17justified under the following circumstances:
18 (1) when use of force is otherwise justified;
19 (2) when lesser means are unavailable or inadequate;
20 (3) when a committed person refuses to follow direct
21 orders and verbalizes an intent to resist the use of
22 justified force to compel compliance with a lawful command;
23 or
24 (4) when a reasonable person would believe that a
25 committed person is likely to resist the use of justified
26 force to compel compliance with a lawful command.

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1 As used in this Section, "committed person" includes a
2person held in detention in a secure facility or committed as a
3sexually violent person and held in a secure facility under the
4Sexually Violent Persons Commitment Act; and "peace officer"
5means any officer or member of any duly organized State, county
6or municipal police unit or police force.
7 (c) The Department shall establish procedures to provide
8immediate notification of the escape of any person, as defined
9in subsection (a) of this Section, to the persons specified in
10subsection (c) of Section 3-14-1 of this Code.
11(Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)
12 (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
13 Sec. 3-10-8. Discipline.)
14 (a)(1) Corporal punishment and disciplinary restrictions
15on diet, medical or sanitary facilities, clothing, bedding or
16mail are prohibited, as are reductions in the frequency of use
17of toilets, washbowls and showers.
18 (2) Disciplinary restrictions on visitation, work,
19education or program assignments, the use of toilets, washbowls
20and showers shall be related as closely as practicable to abuse
21of such privileges or facilities. This paragraph shall not
22apply to segregation or isolation of persons for purposes of
23institutional control.
24 (3) No person committed to the Department of Juvenile
25Justice may be isolated for disciplinary reasons for more than

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17 consecutive days nor more than 15 days out of any 30 day
2period except in cases of violence or attempted violence
3committed against another person or property when an additional
4period of isolation for disciplinary reasons is approved by the
5chief administrative officer. A person who has been isolated
6for 24 hours or more shall be interviewed daily by his staff
7counselor or other staff member.
8 (4) Force shall be employed only to the degree reasonably
9necessary to defend oneself, another person, or to achieve a
10permitted purpose. Use of force shall be terminated as soon as
11force is no longer necessary.
12 (b) The Department of Juvenile Justice shall establish
13rules and regulations governing disciplinary practices, the
14penalties for violation thereof, and the disciplinary
15procedure by which such penalties may be imposed. The rules of
16behavior shall be made known to each committed person, and the
17discipline shall be suited to the infraction and fairly
18applied.
19 (c) All disciplinary action imposed upon persons in
20institutions and facilities of the Department of Juvenile
21Justice shall be consistent with this Section and Department
22rules and regulations adopted hereunder.
23 (d) Disciplinary action imposed under this Section shall be
24reviewed by the grievance procedure under Section 3-8-8.
25 (e) A written report of any infraction for which discipline
26is imposed shall be filed with the chief administrative officer

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1within 72 hours of the occurrence of the infraction or the
2discovery of it and such report shall be placed in the file of
3the institution or facility.
4 (f) All institutions and facilities of the Department of
5Juvenile Justice shall establish, subject to the approval of
6the Director of Juvenile Justice, procedures for disciplinary
7cases except those that may involve the imposition of
8disciplinary isolation; delay in referral to the Parole and
9Pardon Board or a change in work, education or other program
10assignment of more than 7 days duration.
11 (g) In disciplinary cases which may involve the imposition
12of disciplinary isolation, delay in referral to the Parole and
13Pardon Board, or a change in work, education or other program
14assignment of more than 7 days duration, the Director shall
15establish disciplinary procedures consistent with the
16following principles:
17 (1) Any person or persons who initiate a disciplinary
18 charge against a person shall not decide the charge. To the
19 extent possible, a person representing the counseling
20 staff of the institution or facility shall participate in
21 deciding the disciplinary case.
22 (2) Any committed person charged with a violation of
23 Department rules of behavior shall be given notice of the
24 charge including a statement of the misconduct alleged and
25 of the rules this conduct is alleged to violate.
26 (3) Any person charged with a violation of rules is

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1 entitled to a hearing on that charge at which time he shall
2 have an opportunity to appear before and address the person
3 or persons deciding the charge.
4 (4) The person or persons deciding the charge may also
5 summon to testify any witnesses or other persons with
6 relevant knowledge of the incident. The person charged may
7 be permitted to question any person so summoned.
8 (5) If the charge is sustained, the person charged is
9 entitled to a written statement of the decision by the
10 persons deciding the charge which shall include the basis
11 for the decision and the disciplinary action, if any, to be
12 imposed.
13 (6) A change in work, education, or other program
14 assignment shall not be used for disciplinary purposes
15 except as provided in paragraph (a) of the Section and then
16 only after review and approval under Section 3-10-3.
17(Source: P.A. 94-696, eff. 6-1-06.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.
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