Bill Text: IL HB3085 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections and the Department of Juvenile Justice shall require their correctional officers to undergo mental health screenings and tests and shall develop rules to monitor and track their interaction with committed persons and to provide for discharge or other assignments for officers who are mentally unable to interact with committed persons. Defines "correctional officer".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3085 Detail]

Download: Illinois-2019-HB3085-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3085 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2
730 ILCS 5/3-2-7 from Ch. 38, par. 1003-2-7
730 ILCS 5/3-2.5-15
Amends the Unified Code of Corrections. Provides that the Department of Corrections and the Department of Juvenile Justice shall require their correctional officers to undergo mental health screenings and tests and shall develop rules to monitor and track their interaction with committed persons and to provide for discharge or other assignments for officers who are mentally unable to interact with committed persons. Defines "correctional officer".
LRB101 10040 RLC 55142 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3085 LRB101 10040 RLC 55142 b
AN ACT concerning 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 Sections 3-1-2, 3-2-7, and 3-2.5-15 as follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-3) "Aftercare release" means the conditional and
revocable release of a person committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987, under
the supervision of the Department of Juvenile Justice.
(a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
(i) A violation of any of the following Sections of the
Criminal Code of 1961 or the Criminal Code of 2012: 10-7
(aiding or abetting child abduction under Section

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10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of
an adult), 11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-20.1B or 11-20.3 (aggravated child
pornography), 11-1.40 or 12-14.1 (predatory criminal
sexual assault of a child), or 12-33 (ritualized abuse of a
child). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
12-14 (aggravated criminal sexual assault), 11-1.60 or
12-16 (aggravated criminal sexual abuse), and subsection
(a) of Section 11-1.50 or subsection (a) of Section 12-15
(criminal sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012 when
the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).

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An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (a-5).
An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the
purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including
but not limited to Internet history, address bar or bars, cache

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or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
(c-10) "Content-controlled tablet" means any device that
can only access visitation applications or content relating to
educational or personal development.
(d) "Correctional institution or facility" means any
building or part of a building where committed persons are kept
in a secured manner.
(d-5) "Correctional officer" means an employee of the
Department of Corrections or the Department of Juvenile Justice
who has custody and control over committed persons in an adult
or juvenile correctional facility.
(e) "Department" means both the Department of Corrections
and the Department of Juvenile Justice of this State, unless
the context is specific to either the Department of Corrections
or the Department of Juvenile Justice.
(f) "Director" means both the Director of Corrections and
the Director of Juvenile Justice, unless the context is
specific to either the Director of Corrections or the Director
of Juvenile Justice.
(f-5) (Blank).
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property

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within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
(j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
(k) "Parole" means the conditional and revocable release of
a person committed to the Department of Corrections under the
supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear and
decide the time of aftercare release for persons committed to
the Department of Juvenile Justice under the Juvenile Court Act
of 1987 to hear requests and make recommendations to the
Governor with respect to pardon, reprieve or commutation, to
set conditions for parole, aftercare release, and mandatory
supervised release and determine whether violations of those
conditions justify revocation of parole or release, and to

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assume all other functions previously exercised by the Illinois
Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(o) "Wrongfully imprisoned person" means a person who has
been discharged from a prison of this State and has received:
(1) a pardon from the Governor stating that such pardon
is issued on the ground of innocence of the crime for which
he or she was imprisoned; or
(2) a certificate of innocence from the Circuit Court
as provided in Section 2-702 of the Code of Civil
Procedure.
(Source: P.A. 100-198, eff. 1-1-18.)
(730 ILCS 5/3-2-7) (from Ch. 38, par. 1003-2-7)
Sec. 3-2-7. Staff Training and Development.
(a) The Department shall train its own personnel and any
personnel from local agencies by agreements under Section

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3-15-2.
(b) To develop and train its personnel, the Department may
make grants in aid for academic study and training in fields
related to corrections. The Department shall establish rules
for the conditions and amounts of such grants. The Department
may employ any person during his program of studies and may
require the person to work for it on completion of his program
according to the agreement entered into between the person
receiving the grant and the Department.
(c) The Department shall require its correctional officers
to undergo mental health screenings and tests and shall develop
rules to monitor and track their interaction with committed
persons and to provide for discharge or other assignments for
officers who are mentally unable to interact with committed
persons.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-2.5-15)
Sec. 3-2.5-15. Department of Juvenile Justice; assumption
of duties of the Juvenile Division.
(a) The Department of Juvenile Justice shall assume the
rights, powers, duties, and responsibilities of the Juvenile
Division of the Department of Corrections. Personnel, books,
records, property, and unencumbered appropriations pertaining
to the Juvenile Division of the Department of Corrections shall
be transferred to the Department of Juvenile Justice on the

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effective date of this amendatory Act of the 94th General
Assembly. Any rights of employees or the State under the
Personnel Code or any other contract or plan shall be
unaffected by this transfer.
(b) Department of Juvenile Justice personnel who are hired
by the Department on or after the effective date of this
amendatory Act of the 94th General Assembly and who participate
or assist in the rehabilitative and vocational training of
delinquent youths, supervise the daily activities involving
direct and continuing responsibility for the youth's security,
welfare and development, or participate in the personal
rehabilitation of delinquent youth by training, supervising,
and assisting lower level personnel who perform these duties
must be over the age of 21 and have any bachelor's or advanced
degree from an accredited college or university. This
requirement shall not apply to security, clerical, food
service, and maintenance staff that do not have direct and
regular contact with youth. The degree requirements specified
in this subsection (b) are not required of persons who provide
vocational training and who have adequate knowledge in the
skill for which they are providing the vocational training.
(c) Subsection (b) of this Section does not apply to
personnel transferred to the Department of Juvenile Justice on
the effective date of this amendatory Act of the 94th General
Assembly.
(d) The Department shall be under the direction of the

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Director of Juvenile Justice as provided in this Code.
(e) The Director shall organize divisions within the
Department and shall assign functions, powers, duties, and
personnel as required by law. The Director may create other
divisions and may assign other functions, powers, duties, and
personnel as may be necessary or desirable to carry out the
functions and responsibilities vested by law in the Department.
The Director may, with the approval of the Office of the
Governor, assign to and share functions, powers, duties, and
personnel with other State agencies such that administrative
services and administrative facilities are provided by a shared
administrative service center. Where possible, shared services
which impact youth should be done with child-serving agencies.
These administrative services may include, but are not limited
to, all of the following functions: budgeting, accounting
related functions, auditing, human resources, legal,
procurement, training, data collection and analysis,
information technology, internal investigations, intelligence,
legislative services, emergency response capability, statewide
transportation services, and general office support.
(f) The Department of Juvenile Justice may enter into
intergovernmental cooperation agreements under which minors
adjudicated delinquent and committed to the Department of
Juvenile Justice may participate in county juvenile impact
incarceration programs established under Section 3-6039 of the
Counties Code.

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(g) The Department of Juvenile Justice must comply with the
ethnic and racial background data collection procedures
provided in Section 4.5 of the Criminal Identification Act.
(h) The Department shall require its correctional officers
to undergo mental health screenings and tests and shall develop
rules to monitor and track their interaction with committed
persons and to provide for discharge or other assignments for
officers who are mentally unable to interact with committed
persons.
(Source: P.A. 100-19, eff. 1-1-18.)