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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1188 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
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730 ILCS 5/3-15-2 | from Ch. 38, par. 1003-15-2 |
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Amends the Unified Code of Corrections. Makes a technical change in a Section concerning standards and assistance to local jails and detention
and shelter care facilities.
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| | A BILL FOR |
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| | HB1188 | | LRB099 05027 RLC 25056 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-15-2 as follows:
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| 6 | | (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
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| 7 | | Sec. 3-15-2. Standards and Assistance to Local Jails and |
| 8 | | Detention
and Shelter Care Facilities. |
| 9 | | (a) The
The Department of Corrections shall establish for |
| 10 | | the operation of county and
municipal jails and houses of |
| 11 | | correction, minimum standards for the physical
condition of |
| 12 | | such institutions and for the treatment of inmates with
respect |
| 13 | | to their health and safety and the security of the community. |
| 14 | | The Department of Juvenile Justice shall establish for the |
| 15 | | operation of county juvenile detention
and shelter care |
| 16 | | facilities established pursuant to the County Shelter
Care and |
| 17 | | Detention Home Act, minimum standards for the physical
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| 18 | | condition of such institutions and for the treatment of |
| 19 | | juveniles with
respect to their health and safety and the |
| 20 | | security of the community.
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| 21 | | Such standards shall not apply to county shelter care |
| 22 | | facilities which
were in operation prior to January 1, 1980. |
| 23 | | Such standards shall not seek
to mandate minimum floor space |
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| 1 | | requirements for each inmate housed in cells
and detention |
| 2 | | rooms in county and
municipal jails and houses of correction.
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| 3 | | However, no more than two inmates may be housed in a single |
| 4 | | cell or detention
room.
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| 5 | | When an inmate is tested for an airborne
communicable |
| 6 | | disease, as determined by the Illinois Department of Public
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| 7 | | Health including but not limited to tuberculosis, the results |
| 8 | | of
the test
shall be personally delivered by the warden or his |
| 9 | | or her designee in a sealed
envelope to the judge of the court |
| 10 | | in which the inmate must appear for the
judge's inspection in |
| 11 | | camera if requested by the judge. Acting in accordance
with the |
| 12 | | best interests of those in the courtroom, the judge shall have |
| 13 | | the
discretion to determine what if any precautions need to be |
| 14 | | taken to prevent
transmission of the disease in the courtroom.
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| 15 | | (b) At least once each year, the Department of Corrections |
| 16 | | may inspect each
adult
facility for compliance with the |
| 17 | | standards established and the results
of such inspection shall |
| 18 | | be made available by the Department for public
inspection. At |
| 19 | | least once each year, the Department of Juvenile Justice shall |
| 20 | | inspect each
county juvenile detention and shelter care |
| 21 | | facility for compliance with the
standards established, and the |
| 22 | | Department of Juvenile Justice shall make the results of such
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| 23 | | inspections available for public inspection.
If any detention, |
| 24 | | shelter care or correctional facility does
not comply with the |
| 25 | | standards established, the Director of Corrections
or the |
| 26 | | Director of Juvenile Justice, as the case may be, shall give |
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| 1 | | notice to the county board and the sheriff or the corporate
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| 2 | | authorities of the municipality, as the case may be, of such
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| 3 | | noncompliance, specifying the particular standards that have |
| 4 | | not been
met by such facility. If the facility is not in |
| 5 | | compliance with such
standards when six months have elapsed |
| 6 | | from the giving of such notice,
the Director of Corrections or |
| 7 | | the Director of Juvenile Justice, as the case may be, may |
| 8 | | petition the appropriate court for an
order requiring such |
| 9 | | facility to comply with the standards established
by the |
| 10 | | Department or for other appropriate relief.
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| 11 | | (c) The Department of Corrections may provide consultation |
| 12 | | services for the
design, construction, programs and |
| 13 | | administration of correctional facilities and services for |
| 14 | | adults
operated by counties and municipalities and may make |
| 15 | | studies and
surveys of the programs and the administration of |
| 16 | | such facilities.
Personnel of the Department shall be admitted |
| 17 | | to these facilities as
required for such purposes. The |
| 18 | | Department may develop and administer
programs of |
| 19 | | grants-in-aid for correctional services in cooperation with
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| 20 | | local agencies. The Department may provide courses of training |
| 21 | | for the
personnel of such institutions and conduct pilot |
| 22 | | projects in the
institutions.
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| 23 | | (c-5) The Department of Juvenile Justice may provide |
| 24 | | consultation services for the
design, construction, programs, |
| 25 | | and administration of detention and shelter care services for |
| 26 | | children operated by counties and municipalities and may make |
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| 1 | | studies and
surveys of the programs and the administration of |
| 2 | | such facilities.
Personnel of the Department of Juvenile |
| 3 | | Justice shall be admitted to these facilities as
required for |
| 4 | | such purposes. The Department of Juvenile Justice may develop |
| 5 | | and administer
programs of grants-in-aid for juvenile |
| 6 | | correctional services in cooperation with
local agencies. The |
| 7 | | Department of Juvenile Justice may provide courses of training |
| 8 | | for the
personnel of such institutions and conduct pilot |
| 9 | | projects in the
institutions.
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| 10 | | (d) The Department is authorized to issue reimbursement |
| 11 | | grants for
counties, municipalities or public building |
| 12 | | commissions for the purpose of
meeting minimum correctional |
| 13 | | facilities standards set by the Department
under this Section. |
| 14 | | Grants may be issued only for projects that were
completed |
| 15 | | after July 1, 1980 and initiated prior to January 1, 1987.
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| 16 | | (1) Grants for regional correctional facilities shall |
| 17 | | not exceed 90% of
the project costs or $7,000,000, |
| 18 | | whichever is less.
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| 19 | | (2) Grants for correctional facilities by a single |
| 20 | | county, municipality
or public building commission shall |
| 21 | | not exceed 75% of the proposed project
costs or $4,000,000, |
| 22 | | whichever is less.
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| 23 | | (3) As used in this subsection (d), "project" means |
| 24 | | only that part of a
facility that is constructed for jail, |
| 25 | | correctional or detention purposes
and does not include |
| 26 | | other areas of multi-purpose buildings.
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| 1 | | Construction or renovation grants are authorized to be |
| 2 | | issued by the
Capital Development Board from capital |
| 3 | | development bond funds after
application by a county or |
| 4 | | counties, municipality or municipalities or
public building |
| 5 | | commission or commissions and approval of a construction or
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| 6 | | renovation grant by the Department for projects initiated after
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| 7 | | January 1, 1987.
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| 8 | | (e) The Department of Corrections shall adopt standards for |
| 9 | | county jails to hold
juveniles on a temporary basis, as |
| 10 | | provided in Section 5-410 of the
Juvenile Court Act of 1987. |
| 11 | | These standards shall include monitoring,
educational, |
| 12 | | recreational, and disciplinary standards as well
as access to |
| 13 | | medical services, crisis intervention, mental health services,
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| 14 | | suicide prevention, health care, nutritional needs, and |
| 15 | | visitation rights. The
Department of Corrections shall also |
| 16 | | notify any county applying to hold juveniles in a county
jail |
| 17 | | of the standards for juvenile detention
under Section 5-410 of |
| 18 | | the Juvenile Court Act of
1987.
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| 19 | | (Source: P.A. 98-685, eff. 1-1-15.)
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