Bill Text: IL HB3513 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that if a minor is committed to the Department of Juvenile Justice the clerk of the court shall forward to the Department all police reports for sex offenses allegedly committed or committed by the minor. Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall maintain and administer all State youth centers. Deletes provision permitting a person committed to the Department of Juvenile Justice to be isolated for disciplinary reasons. Provides that all sentences imposed by an Illinois court under the Code shall run concurrent to any and all sentences under the Juvenile Court Act of 1987. Provides that the target release date for youth committed to the Department as a Habitual Juvenile Offender or Violent Juvenile Offender under the Juvenile Court Act of 1987 shall be extended by not less than 12 months. Creates the Department of Juvenile Justice Reimbursement and Education Fund in the State treasury. Amends the State Finance Act to make conforming changes.

Sponsorship: Partisan Bill (Democrat 13)

Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0350 [HB3513 Detail]

Download: Illinois-2021-HB3513-Chaptered.html

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Public Act 102-0350
HB3513 Enrolled LRB102 14063 RLC 19415 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 State Finance Act is amended by adding
Section 5.935 as follows:
(30 ILCS 105/5.935 new)
Sec. 5.935. The Department of Juvenile Justice
Reimbursement and Education Fund.
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 5-750, 5-815, and 5-820 as follows:
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile
Justice.
(1) Except as provided in subsection (2) of this Section,
when any delinquent has been adjudged a ward of the court under
this Act, the court may commit him or her to the Department of
Juvenile Justice, if it finds that (a) his or her parents,
guardian or legal custodian are unfit or are unable, for some
reason other than financial circumstances alone, to care for,
protect, train or discipline the minor, or are unwilling to do
so, and the best interests of the minor and the public will not

be served by placement under Section 5-740, or it is necessary
to ensure the protection of the public from the consequences
of criminal activity of the delinquent; and (b) commitment to
the Department of Juvenile Justice is the least restrictive
alternative based on evidence that efforts were made to locate
less restrictive alternatives to secure confinement and the
reasons why efforts were unsuccessful in locating a less
restrictive alternative to secure confinement. Before the
court commits a minor to the Department of Juvenile Justice,
it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors:
(A) Age of the minor.
(B) Criminal background of the minor.
(C) Review of results of any assessments of the minor,
including child centered assessments such as the CANS.
(D) Educational background of the minor, indicating
whether the minor has ever been assessed for a learning
disability, and if so what services were provided as well
as any disciplinary incidents at school.
(E) Physical, mental and emotional health of the
minor, indicating whether the minor has ever been
diagnosed with a health issue and if so what services were
provided and whether the minor was compliant with
services.
(F) Community based services that have been provided
to the minor, and whether the minor was compliant with the

services, and the reason the services were unsuccessful.
(G) Services within the Department of Juvenile Justice
that will meet the individualized needs of the minor.
(1.5) Before the court commits a minor to the Department
of Juvenile Justice, the court must find reasonable efforts
have been made to prevent or eliminate the need for the minor
to be removed from the home, or reasonable efforts cannot, at
this time, for good cause, prevent or eliminate the need for
removal, and removal from home is in the best interests of the
minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder,
the court shall declare the minor a ward of the court and order
the minor committed to the Department of Juvenile Justice
until the minor's 21st birthday, without the possibility of
aftercare release, furlough, or non-emergency authorized
absence for a period of 5 years from the date the minor was
committed to the Department of Juvenile Justice, except that
the time that a minor spent in custody for the instant offense
before being committed to the Department of Juvenile Justice
shall be considered as time credited towards that 5 year
period. Upon release from a Department facility, a minor
adjudged delinquent for first degree murder shall be placed on
aftercare release until the age of 21, unless sooner
discharged from aftercare release or custodianship is
otherwise terminated in accordance with this Act or as

otherwise provided for by law. Nothing in this subsection (2)
shall preclude the State's Attorney from seeking to prosecute
a minor as an adult as an alternative to proceeding under this
Act.
(3) Except as provided in subsection (2), the commitment
of a delinquent to the Department of Juvenile Justice shall be
for an indeterminate term which shall automatically terminate
upon the delinquent attaining the age of 21 years or upon
completion of that period for which an adult could be
committed for the same act, whichever occurs sooner, unless
the delinquent is sooner discharged from aftercare release or
custodianship is otherwise terminated in accordance with this
Act or as otherwise provided for by law.
(3.5) Every delinquent minor committed to the Department
of Juvenile Justice under this Act shall be eligible for
aftercare release without regard to the length of time the
minor has been confined or whether the minor has served any
minimum term imposed. Aftercare release shall be administered
by the Department of Juvenile Justice, under the direction of
the Director. Unless sooner discharged, the Department of
Juvenile Justice shall discharge a minor from aftercare
release upon completion of the following aftercare release
terms:
(a) One and a half years from the date a minor is
released from a Department facility, if the minor was
committed for a Class X felony;

(b) One year from the date a minor is released from a
Department facility, if the minor was committed for a
Class 1 or 2 felony; and
(c) Six months from the date a minor is released from a
Department facility, if the minor was committed for a
Class 3 felony or lesser offense.
(4) When the court commits a minor to the Department of
Juvenile Justice, it shall order him or her conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The
clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the
Department:
(a) the sentencing order and copies of committing
petition;
(b) all reports;
(c) the court's statement of the basis for ordering
the disposition;
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse treatment
eligibility screening and assessment of the minor by an

agent designated by the State to provide assessment
services for the courts;
(f) the number of days, if any, which the minor has
been in custody and for which he or she is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(g) any medical or mental health records or summaries
of the minor;
(h) the municipality where the arrest of the minor
occurred, the commission of the offense occurred, and the
minor resided at the time of commission;
(h-5) a report detailing the minor's criminal history
in a manner and form prescribed by the Department of
Juvenile Justice; and
(i) all additional matters which the court directs the
clerk to transmit; and .
(j) all police reports for sex offenses as defined by
the Sex Offender Management Board Act.
(6) Whenever the Department of Juvenile Justice lawfully
discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating his or her custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to
the Department of Juvenile Justice who resides in this State

is charged under the criminal laws of this State, the criminal
laws of any other state, or federal law with an offense that
could result in a sentence of imprisonment within the
Department of Corrections, the penal system of any state, or
the federal Bureau of Prisons, the commitment to the
Department of Juvenile Justice and all rights and duties
created by that commitment are automatically suspended pending
final disposition of the criminal charge. If the minor is
found guilty of the criminal charge and sentenced to a term of
imprisonment in the penitentiary system of the Department of
Corrections, the penal system of any state, or the federal
Bureau of Prisons, the commitment to the Department of
Juvenile Justice shall be automatically terminated. If the
criminal charge is dismissed, the minor is found not guilty,
or the minor completes a criminal sentence other than
imprisonment within the Department of Corrections, the penal
system of any state, or the federal Bureau of Prisons, the
previously imposed commitment to the Department of Juvenile
Justice and the full aftercare release term shall be
automatically reinstated unless custodianship is sooner
terminated. Nothing in this subsection (7) shall preclude the
court from ordering another sentence under Section 5-710 of
this Act or from terminating the Department's custodianship
while the commitment to the Department is suspended.
(Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20.)

(705 ILCS 405/5-815)
Sec. 5-815. Habitual Juvenile Offender.
(a) Definition. Any minor having been twice adjudicated a
delinquent minor for offenses which, had he or she been
prosecuted as an adult, would have been felonies under the
laws of this State, and who is thereafter adjudicated a
delinquent minor for a third time shall be adjudged an
Habitual Juvenile Offender where:
1. the third adjudication is for an offense occurring
after adjudication on the second; and
2. the second adjudication was for an offense
occurring after adjudication on the first; and
3. the third offense occurred after January 1, 1980;
and
4. the third offense was based upon the commission of
or attempted commission of the following offenses: first
degree murder, second degree murder or involuntary
manslaughter; criminal sexual assault or aggravated
criminal sexual assault; aggravated or heinous battery
involving permanent disability or disfigurement or great
bodily harm to the victim; burglary of a home or other
residence intended for use as a temporary or permanent
dwelling place for human beings; home invasion; robbery or
armed robbery; or aggravated arson.
Nothing in this Section shall preclude the State's
Attorney from seeking to prosecute a minor as an adult as an

alternative to prosecution as an habitual juvenile offender.
A continuance under supervision authorized by Section
5-615 of this Act shall not be permitted under this Section.
(b) Notice to minor. The State shall serve upon the minor
written notice of intention to prosecute under the provisions
of this Section within 5 judicial days of the filing of any
delinquency petition, adjudication upon which would mandate
the minor's disposition as an Habitual Juvenile Offender.
(c) Petition; service. A notice to seek adjudication as an
Habitual Juvenile Offender shall be filed only by the State's
Attorney.
The petition upon which such Habitual Juvenile Offender
notice is based shall contain the information and averments
required for all other delinquency petitions filed under this
Act and its service shall be according to the provisions of
this Act.
No prior adjudication shall be alleged in the petition.
(d) Trial. Trial on such petition shall be by jury unless
the minor demands, in open court and with advice of counsel, a
trial by the court without jury.
Except as otherwise provided herein, the provisions of
this Act concerning delinquency proceedings generally shall be
applicable to Habitual Juvenile Offender proceedings.
(e) Proof of prior adjudications. No evidence or other
disclosure of prior adjudications shall be presented to the
court or jury during any adjudicatory hearing provided for

under this Section unless otherwise permitted by the issues
properly raised in such hearing. In the event the minor who is
the subject of these proceedings elects to testify on his or
her own behalf, it shall be competent to introduce evidence,
for purposes of impeachment, that he or she has previously
been adjudicated a delinquent minor upon facts which, had he
been tried as an adult, would have resulted in his conviction
of a felony or of any offense that involved dishonesty or false
statement. Introduction of such evidence shall be according to
the rules and procedures applicable to the impeachment of an
adult defendant by prior conviction.
After an admission of the facts in the petition or
adjudication of delinquency, the State's Attorney may file
with the court a verified written statement signed by the
State's Attorney concerning any prior adjudication of an
offense set forth in subsection (a) of this Section which
offense would have been a felony or of any offense that
involved dishonesty or false statement had the minor been
tried as an adult.
The court shall then cause the minor to be brought before
it; shall inform him or her of the allegations of the statement
so filed, and of his or her right to a hearing before the court
on the issue of such prior adjudication and of his right to
counsel at such hearing; and unless the minor admits such
adjudication, the court shall hear and determine such issue,
and shall make a written finding thereon.

A duly authenticated copy of the record of any such
alleged prior adjudication shall be prima facie evidence of
such prior adjudication or of any offense that involved
dishonesty or false statement.
Any claim that a previous adjudication offered by the
State's Attorney is not a former adjudication of an offense
which, had the minor been prosecuted as an adult, would have
resulted in his conviction of a felony or of any offense that
involved dishonesty or false statement, is waived unless duly
raised at the hearing on such adjudication, or unless the
State's Attorney's proof shows that such prior adjudication
was not based upon proof of what would have been a felony.
(f) Disposition. If the court finds that the prerequisites
established in subsection (a) of this Section have been
proven, it shall adjudicate the minor a an Habitual Juvenile
Offender and commit him or her him to the Department of
Juvenile Justice for a period of time as provided in
subsection (3) of Section 5-750, subject to the target release
date provisions as provided in subsection (c) of Section
3-2.5-85 of the Unified Code of Corrections. until his 21st
birthday, without possibility of aftercare release, furlough,
or non-emergency authorized absence. However, the minor shall
be entitled to earn one day of good conduct credit for each day
served as reductions against the period of his confinement.
Such good conduct credits shall be earned or revoked according
to the procedures applicable to the allowance and revocation

of good conduct credit for adult prisoners serving determinate
sentences for felonies.
For purposes of determining good conduct credit,
commitment as an Habitual Juvenile Offender shall be
considered a determinate commitment, and the difference
between the date of the commitment and the minor's 21st
birthday shall be considered the determinate period of his
confinement.
(Source: P.A. 98-558, eff. 1-1-14.)
(705 ILCS 405/5-820)
Sec. 5-820. Violent Juvenile Offender.
(a) Definition. A minor having been previously adjudicated
a delinquent minor for an offense which, had he or she been
prosecuted as an adult, would have been a Class 2 or greater
felony involving the use or threat of physical force or
violence against an individual or a Class 2 or greater felony
for which an element of the offense is possession or use of a
firearm, and who is thereafter adjudicated a delinquent minor
for a second time for any of those offenses shall be
adjudicated a Violent Juvenile Offender if:
(1) The second adjudication is for an offense
occurring after adjudication on the first; and
(2) The second offense occurred on or after January 1,
1995.
(b) Notice to minor. The State shall serve upon the minor

written notice of intention to prosecute under the provisions
of this Section within 5 judicial days of the filing of a
delinquency petition, adjudication upon which would mandate
the minor's disposition as a Violent Juvenile Offender.
(c) Petition; service. A notice to seek adjudication as a
Violent Juvenile Offender shall be filed only by the State's
Attorney.
The petition upon which the Violent Juvenile Offender
notice is based shall contain the information and averments
required for all other delinquency petitions filed under this
Act and its service shall be according to the provisions of
this Act.
No prior adjudication shall be alleged in the petition.
(d) Trial. Trial on the petition shall be by jury unless
the minor demands, in open court and with advice of counsel, a
trial by the court without a jury.
Except as otherwise provided in this Section, the
provisions of this Act concerning delinquency proceedings
generally shall be applicable to Violent Juvenile Offender
proceedings.
(e) Proof of prior adjudications. No evidence or other
disclosure of prior adjudications shall be presented to the
court or jury during an adjudicatory hearing provided for
under this Section unless otherwise permitted by the issues
properly raised in that hearing. In the event the minor who is
the subject of these proceedings elects to testify on his or

her own behalf, it shall be competent to introduce evidence,
for purposes of impeachment, that he or she has previously
been adjudicated a delinquent minor upon facts which, had the
minor been tried as an adult, would have resulted in the
minor's conviction of a felony or of any offense that involved
dishonesty or false statement. Introduction of such evidence
shall be according to the rules and procedures applicable to
the impeachment of an adult defendant by prior conviction.
After an admission of the facts in the petition or
adjudication of delinquency, the State's Attorney may file
with the court a verified written statement signed by the
State's Attorney concerning any prior adjudication of an
offense set forth in subsection (a) of this Section that would
have been a felony or of any offense that involved dishonesty
or false statement had the minor been tried as an adult.
The court shall then cause the minor to be brought before
it; shall inform the minor of the allegations of the statement
so filed, of his or her right to a hearing before the court on
the issue of the prior adjudication and of his or her right to
counsel at the hearing; and unless the minor admits the
adjudication, the court shall hear and determine the issue,
and shall make a written finding of the issue.
A duly authenticated copy of the record of any alleged
prior adjudication shall be prima facie evidence of the prior
adjudication or of any offense that involved dishonesty or
false statement.

Any claim that a previous adjudication offered by the
State's Attorney is not a former adjudication of an offense
which, had the minor been prosecuted as an adult, would have
resulted in his or her conviction of a Class 2 or greater
felony involving the use or threat of force or violence, or a
firearm, a felony or of any offense that involved dishonesty
or false statement is waived unless duly raised at the hearing
on the adjudication, or unless the State's Attorney's proof
shows that the prior adjudication was not based upon proof of
what would have been a felony.
(f) Disposition. If the court finds that the prerequisites
established in subsection (a) of this Section have been
proven, it shall adjudicate the minor a Violent Juvenile
Offender and commit the minor to the Department of Juvenile
Justice for a period of time as provided in subsection (3) of
Section 5-750, subject to the target release date provisions
in subsection (c) of Section 3-2.5-85 of the Unified Code of
Corrections until his or her 21st birthday, without
possibility of aftercare release, furlough, or non-emergency
authorized absence. However, the minor shall be entitled to
earn one day of good conduct credit for each day served as
reductions against the period of his or her confinement. The
good conduct credits shall be earned or revoked according to
the procedures applicable to the allowance and revocation of
good conduct credit for adult prisoners serving determinate
sentences for felonies.

For purposes of determining good conduct credit,
commitment as a Violent Juvenile Offender shall be considered
a determinate commitment, and the difference between the date
of the commitment and the minor's 21st birthday shall be
considered the determinate period of his or her confinement.
(g) Nothing in this Section shall preclude the State's
Attorney from seeking to prosecute a minor as a habitual
juvenile offender or as an adult as an alternative to
prosecution as a Violent Juvenile Offender.
(h) A continuance under supervision authorized by Section
5-615 of this Act shall not be permitted under this Section.
(Source: P.A. 98-558, eff. 1-1-14.)
Section 15. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-2.5-20, 3-2.5-85, 3-4-1, 3-6-2,
3-10-8, and 5-8-4 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, and to accept federal prisoners and aliens
over whom the Office of the Federal Detention Trustee is

authorized to exercise the federal detention function for
limited purposes and periods of time.
(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. The Department of Juvenile
Justice shall maintain and administer all State youth
centers pursuant to subsection (d) of Section 3-2.5-20.
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.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(d-10) To provide educational and visitation
opportunities to committed persons within its institutions
through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons
to induce or reward compliance.
(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 Secretary

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 and to inquire into any

alleged misconduct by employees or committed persons; 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. This subsection shall not apply to persons
committed to the Department of Juvenile Justice under the
Juvenile Court Act of 1987 on aftercare release.
(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) (Blank).
(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 sentence 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 Department of Healthcare and Family
Services 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) (Blank).
(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.
(u-5) To issue an order, whenever a person committed
to the Department absconds or absents himself or herself,
without authority to do so, from any facility or program
to which he or she is assigned. The order shall be
certified by the Director, the Supervisor of the

Apprehension Unit, or any person duly designated by the
Director, with the seal of the Department affixed. The
order shall be directed to all sheriffs, coroners, and
police officers, or to any particular person named in the
order. Any order issued pursuant to this subdivision (1)
(u-5) shall be sufficient warrant for the officer or
person named in the order to arrest and deliver the
committed person to the proper correctional officials and
shall be executed the same as criminal process.
(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 have an investment grade or
higher rating 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
have an investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
101-235, eff. 1-1-20.)
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties.
(a) In addition to the powers, duties, and
responsibilities which are otherwise provided by law or

transferred to the Department as a result of this Article, the
Department, as determined by the Director, shall have, but is
are not limited to, the following rights, powers, functions,
and duties:
(1) To accept juveniles committed to it by the courts
of this State for care, custody, treatment, and
rehabilitation.
(2) To maintain and administer all State juvenile
youth centers correctional institutions previously under
the control of the Juvenile and Women's & Children
Divisions of the Department of Corrections, and to
establish and maintain youth centers institutions as
needed to meet the needs of the youth committed to its
care.
(3) To identify the need for and recommend the funding
and implementation of an appropriate mix of programs and
services within the juvenile justice continuum, including,
but not limited to, prevention, nonresidential and
residential commitment programs, day treatment, and
conditional release programs and services, with the
support of educational, vocational, alcohol, drug abuse,
and mental health services where appropriate.
(3.5) To assist youth committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987 with
successful reintegration into society, the Department
shall retain custody and control of all adjudicated

delinquent juveniles released under Section 3-2.5-85 or
3-3-10 of this Code, shall provide a continuum of
post-release treatment and services to those youth, and
shall supervise those youth during their release period in
accordance with the conditions set by the Department or
the Prisoner Review Board.
(4) To establish and provide transitional and
post-release treatment programs for juveniles committed to
the Department. Services shall include, but are not
limited to:
(i) family and individual counseling and treatment
placement;
(ii) referral services to any other State or local
agencies;
(iii) mental health services;
(iv) educational services;
(v) family counseling services; and
(vi) substance abuse services.
(5) To access vital records of juveniles for the
purposes of providing necessary documentation for
transitional services such as obtaining identification,
educational enrollment, employment, and housing.
(6) To develop staffing and workload standards and
coordinate staff development and training appropriate for
juvenile populations.
(6.5) To develop policies and procedures promoting

family engagement and visitation appropriate for juvenile
populations.
(7) To develop, with the approval of the Office of the
Governor and the Governor's Office of Management and
Budget, annual budget requests.
(8) To administer the Interstate Compact for
Juveniles, with respect to all juveniles under its
jurisdiction, and to cooperate with the Department of
Human Services with regard to all non-offender juveniles
subject to the Interstate Compact for Juveniles.
(9) To decide the date of release on aftercare for
youth committed to the Department under Section 5-750 of
the Juvenile Court Act of 1987.
(10) To set conditions of aftercare release for all
youth committed to the Department under the Juvenile Court
Act of 1987.
(b) The Department may employ personnel in accordance with
the Personnel Code and Section 3-2.5-15 of this Code, provide
facilities, contract for goods and services, and adopt rules
as necessary to carry out its functions and purposes, all in
accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred

from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(d) To maintain and administer all State youth centers and
facilities under its control and to establish new ones as
needed. Pursuant to its power to establish new youth centers
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. The Department
shall designate those institutions which shall constitute the
Youth Corrections 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 Juvenile
Justice for the purposes of its serving as a youth center 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.
(Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.)
(730 ILCS 5/3-2.5-85)
Sec. 3-2.5-85. Eligibility for release; determination.
(a) Every youth committed to the Department of Juvenile
Justice under Section 5-750 of the Juvenile Court Act of 1987,
except those committed for first degree murder, shall be:
(1) Eligible for aftercare release without regard to
the length of time the youth has been confined or whether
the youth has served any minimum term imposed.
(2) Placed on aftercare release on or before his or
her 20th birthday or upon completion of the maximum term
of confinement ordered by the court under Section 5-710 of

the Juvenile Court Act of 1987, whichever is sooner.
(3) Considered for aftercare release at least 30 days
prior to the expiration of the first year of confinement
and at least annually thereafter.
(b) This Section does not apply to the initial release of
youth committed to the Department under Section 5-815 or 5-820
of the Juvenile Court Act of 1987. Those youth shall be
released by the Department upon completion of the determinate
sentence established under this Code. Subsections (d) through
(l) of this Section do not apply when a youth is released under
paragraph (2) of subsection (a) of this Section or the youth's
release is otherwise required by law or ordered by the court.
Youth who have been tried as an adult and committed to the
Department under Section 5-8-6 of this Code are only eligible
for mandatory supervised release as an adult under Section
3-3-3 of this Code.
(c) The Department shall establish a process for deciding
the date of release on aftercare for every youth committed to
the Department of Juvenile Justice under Section 5-750 of the
Juvenile Court Act of 1987. The process shall include
establishing a target release date upon commitment to the
Department, the regular review and appropriate adjustment of
the target release date, and the final release consideration
at least 30 days prior to the youth's target release date. The
establishment, adjustment, and final consideration of the
target release date shall include consideration of the

following factors:
(1) the nature and seriousness of the youth's offense;
(2) the likelihood the youth will reoffend or will
pose a danger to the community based on an assessment of
the youth's risks, strengths, and behavior; and
(3) the youth's progress since being committed to the
Department.
The target release date for youth committed to the
Department for first degree murder shall not precede the
minimum period of confinement provided in Section 5-750 of the
Juvenile Court Act of 1987. These youth shall be considered
for release upon completion of their minimum term of
confinement and at least annually thereafter. The target
release date for youth committed to the Department as a
Habitual Juvenile Offender or Violent Juvenile Offender under
Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall
be extended by not less than 12 months.
(d) If the youth being considered for aftercare release
has a petition or any written submissions prepared on his or
her behalf by an attorney or other representative, the
attorney or representative for the youth must serve by
certified mail the State's Attorney of the county where the
youth was prosecuted with the petition or any written
submissions 15 days prior to the youth's target release date.
(e) In making its determination of aftercare release, the
Department shall consider:

(1) material transmitted to the Department by the
clerk of the committing court under Section 5-750 of the
Juvenile Court Act of 1987;
(2) the report under Section 3-10-2;
(3) a report by the Department and any report by the
chief administrative officer of the institution or
facility;
(4) an aftercare release progress report;
(5) a medical and psychological report, if available;
(6) material in writing, or on film, video tape or
other electronic means in the form of a recording
submitted by the youth whose aftercare release is being
considered;
(7) material in writing, or on film, video tape or
other electronic means in the form of a recording or
testimony submitted by the State's Attorney and the victim
or a concerned citizen under the Rights of Crime Victims
and Witnesses Act; and
(8) the youth's eligibility for commitment under the
Sexually Violent Persons Commitment Act.
(f) The prosecuting State's Attorney's office shall
receive from the Department reasonable written notice not less
than 30 days prior to the target release date and may submit
relevant information by oral argument or testimony of victims
and concerned citizens, or both, in writing, or on film, video
tape or other electronic means or in the form of a recording to

the Department for its consideration. The State's Attorney may
waive the written notice of the target release date at any
time. Upon written request of the State's Attorney's office,
provided the request is received within 15 days of receipt of
the written notice of the target release date, the Department
shall hear protests to aftercare release. If a State's
Attorney requests a protest hearing, the committed youth's
attorney or other representative shall also receive notice of
the request and a copy of any information submitted by the
State's Attorney. This hearing shall take place prior to the
youth's aftercare release. The Department shall schedule the
protest hearing date, providing at least 15 days' notice to
the State's Attorney. If the protest hearing is rescheduled,
the Department shall promptly notify the State's Attorney of
the new date.
(g) The victim of the violent crime for which the youth has
been sentenced shall receive notice of the target release date
as provided in paragraph (4) of subsection (d) of Section 4.5
of the Rights of Crime Victims and Witnesses Act.
(h) The Department shall not release any material to the
youth, the youth's attorney, any third party, or any other
person containing any information from the victim or from a
person related to the victim by blood, adoption, or marriage
who has written objections, testified at any hearing, or
submitted audio or visual objections to the youth's aftercare
release, unless provided with a waiver from that objecting

party. The Department shall not release the names or addresses
of any person on its victim registry to any other person except
the victim, a law enforcement agency, or other victim
notification system.
(i) Any recording considered under the provisions of
paragraph (6) or (7) of subsection (e) or subsection (f) of
this Section shall be in the form designated by the
Department. The recording shall be both visual and aural.
Every voice on the recording and person present shall be
identified and the recording shall contain either a visual or
aural statement of the person submitting the recording, the
date of the recording, and the name of the youth whose
aftercare release is being considered. The recordings shall be
retained by the Department and shall be considered during any
subsequent aftercare release decision if the victim or State's
Attorney submits in writing a declaration clearly identifying
the recording as representing the position of the victim or
State's Attorney regarding the release of the youth.
(j) The Department shall not release a youth eligible for
aftercare release if it determines that:
(1) there is a substantial risk that he or she will not
conform to reasonable conditions of aftercare release;
(2) his or her release at that time would deprecate
the seriousness of his or her offense or promote
disrespect for the law; or
(3) his or her release would have a substantially

adverse effect on institutional discipline.
(k) The Department shall render its release decision and
shall state the basis therefor both in the records of the
Department and in written notice to the youth who was
considered for aftercare release. In its decision, the
Department shall set the youth's time for aftercare release,
or if it denies aftercare release it shall provide for
reconsideration of aftercare release not less frequently than
once each year.
(l) The Department shall ensure all evaluations and
proceedings under the Sexually Violent Persons Commitment Act
are completed prior to any youth's release, when applicable.
(m) Any youth whose aftercare release has been revoked by
the Prisoner Review Board under Section 3-3-9.5 of this Code
may be rereleased to the full aftercare release term by the
Department at any time in accordance with this Section. Youth
rereleased under this subsection shall be subject to Sections
3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5
of this Code.
(n) The Department shall adopt rules regarding the
exercise of its discretion under this Section.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
Department of Corrections Reimbursement and Education Fund.

(a) The Department may accept, receive and use, for and in
behalf of the State, any moneys, goods or services given for
general purposes of this Code by the federal government or
from any other source, public or private, including
collections from inmates, reimbursement of payments under the
Workers' Compensation Act, and commissions from inmate collect
call telephone systems under an agreement with the Department
of Central Management Services. For these purposes the
Department may comply with such conditions and enter into such
agreements upon such covenants, terms, and conditions as the
Department may deem necessary or desirable, if the agreement
is not in conflict with State law.
(a-5) Beginning January 1, 2018, the Department of Central
Management Services shall contract with the qualified vendor
who proposes the lowest per minute rate not exceeding 7 cents
per minute for debit, prepaid, collect calls and who does not
bill to any party any tax, service charge, or additional fee
exceeding the per minute rate, including, but not limited to,
any per call surcharge, account set up fee, bill statement
fee, monthly account maintenance charge, or refund fee as
established by the Federal Communications Commission Order for
state prisons in the Matter of Rates for Interstate Inmate
Calling Services, Second Report and Order, WC Docket 12-375,
FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
available through a prepaid or collect call system shall
include international calls; those calls shall be made

available at reasonable rates subject to Federal
Communications Commission rules and regulations, but not to
exceed 23 cents per minute. This amendatory Act of the 99th
General Assembly applies to any new or renewal contract for
inmate calling services.
(b) On July 1, 1998, the Department of Corrections
Reimbursement Fund and the Department of Corrections Education
Fund shall be combined into a single fund to be known as the
Department of Corrections Reimbursement and Education Fund,
which is hereby created as a special fund in the State
Treasury. The moneys deposited into the Department of
Corrections Reimbursement and Education Fund shall be
appropriated to the Department of Corrections for the expenses
of the Department.
The following shall be deposited into the Department of
Corrections Reimbursement and Education Fund:
(i) Moneys received or recovered by the Department of
Corrections as reimbursement for expenses incurred for the
incarceration of committed persons.
(ii) Moneys received or recovered by the Department as
reimbursement of payments made under the Workers'
Compensation Act.
(iii) Moneys received by the Department as commissions
from inmate collect call telephone systems.
(iv) Moneys received or recovered by the Department as
reimbursement for expenses incurred by the employment of

persons referred to the Department as participants in the
federal Job Training Partnership Act programs.
(v) Federal moneys, including reimbursement and
advances for services rendered or to be rendered and
moneys for other than educational purposes, under grant or
contract.
(vi) Moneys identified for deposit into the Fund under
Section 13-44.4 of the School Code.
(vii) Moneys in the Department of Corrections
Reimbursement Fund and the Department of Corrections
Education Fund at the close of business on June 30, 1998.
(c) The Department of Juvenile Justice Reimbursement and
Education Fund is created as a special fund in the State
Treasury. The moneys deposited into the Department of Juvenile
Justice Reimbursement Fund and Education shall be appropriated
to the Department of Juvenile Justice for the expenses of the
Department. The following moneys shall be deposited into the
Department of Juvenile Justice Reimbursement Fund and
Education Fund:
(i) received or recovered by the Department of
Juvenile Justice as reimbursement for expenses incurred
for the incarceration of committed youth;
(ii) received or recovered by the Department as
reimbursement of payments made under the Workers'
Compensation Act;
(iii) received or recovered by the Department as

reimbursement for expenses incurred by the employment of
persons referred to the Department as participants in the
federal Job Training Partnership Act programs;
(iv) federal moneys, including reimbursement and
advances for services rendered or to be rendered and
moneys for other than educational purposes, under grant or
contract; and
(v) moneys identified for deposit into the Fund under
Section 13-44.4 of the School Code.
(Source: P.A. 99-878, eff. 1-1-17.)
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and facility administration.
(a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the

State, subject to the acceptance of such receiving institution
or facility, or to designate any reasonably secure place in
the State as such an institution or facility and to make
transfers thereto. However, transfers made under emergency
powers shall be reviewed as soon as practicable under Article
8, and shall be subject to Section 5-905 of the Juvenile Court
Act of 1987. This Section shall not apply to transfers to the
Department of Human Services which are provided for under
Section 3-8-5 or Section 3-10-5.
(d) The Department of Juvenile Justice shall provide
educational programs for all committed youth persons so that
all youth persons have an opportunity to attain the
achievement level equivalent to the completion of the twelfth
grade in the public school system in this State. Other higher
levels of attainment shall be encouraged and professional
instruction shall be maintained wherever possible. The
Department may establish programs of mandatory education and
may establish rules and regulations for the administration of
such programs. A person committed to the Department of
Corrections who, during the period of his or her
incarceration, participates in an educational program provided
by or through the Department of Corrections and through that
program is awarded or earns the number of hours of credit
required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university
located in Illinois shall reimburse the State, through the

Department of Corrections, for the costs incurred by the State
in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that
degree. The costs for which reimbursement is required under
this subsection shall be determined and computed by the
Department of Corrections under rules and regulations that it
shall establish for that purpose. However, interest at the
rate of 6% per annum shall be charged on the balance of those
costs from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department of Corrections until paid.
(d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling,
and referrals to support services, in connection with that
positive test result. Implementation of this subsection (d-5)
is subject to appropriation.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on
the person's behalf. Before the chief administrative officer

consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches
in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving consent
to such treatment; the chief administrative officer may
give consent for such medical or surgical treatment, and
such consent shall be deemed to be the consent of the
person for all purposes, including, but not limited to,
the authority of a physician to give such treatment.
(e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions
prescribed by the Department. Neither the Department of
Corrections nor the Department of Juvenile Justice may require

a committed person or person committed to any facility
operated by the Department of Juvenile Justice, as set forth
in Section 3-2.5-15 of this Code, to pay any co-payment for
receiving medical or dental services.
(f-5) The Department shall comply with the Health Care
Violence Prevention Act.
(g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons
why the child should continue in the custody of the mother
until the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
separately or together, preceding the inmate's release;
and
(6) a prerelease reunification staffing involving the
family advocate, the inmate and the child's counselor, or

both and the inmate.
(i) (Blank).
(j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender
evaluation shall be conducted in conformance with the
standards and guidelines developed under the Sex Offender
Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Juvenile
Justice for a sex offense as defined by the Sex Offender
Management Board Act shall be required to undergo sex offender
treatment by a treatment provider approved by the Board and
conducted in conformance with the Sex Offender Management
Board Act.
(l) Prior to the release of any inmate committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with
appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The
Department shall develop the informational materials in
consultation with the Department of Public Health. At the same
time, the Department must also offer the committed person the
option of testing for infection with human immunodeficiency
virus (HIV), with no copayment for the test. Pre-test

information shall be provided to the committed person and
informed consent obtained as required in subsection (d) of
Section 3 and Section 5 of the AIDS Confidentiality Act. The
Department may conduct opt-out HIV testing as defined in
Section 4 of the AIDS Confidentiality Act. If the Department
conducts opt-out HIV testing, the Department shall place signs
in English, Spanish and other languages as needed in multiple,
highly visible locations in the area where HIV testing is
conducted informing inmates that they will be tested for HIV
unless they refuse, and refusal or acceptance of testing shall
be documented in the inmate's medical record. The Department
shall follow procedures established by the Department of
Public Health to conduct HIV testing and testing to confirm
positive HIV test results. All testing must be conducted by
medical personnel, but pre-test and other information may be
provided by committed persons who have received appropriate
training. The Department, in conjunction with the Department
of Public Health, shall develop a plan that complies with the
AIDS Confidentiality Act to deliver confidentially all
positive or negative HIV test results to inmates or former
inmates. Nothing in this Section shall require the Department
to offer HIV testing to an inmate who is known to be infected
with HIV, or who has been tested for HIV within the previous
180 days and whose documented HIV test result is available to
the Department electronically. The testing provided under this
subsection (l) shall consist of a test approved by the

Illinois Department of Public Health to determine the presence
of HIV infection, based upon recommendations of the United
States Centers for Disease Control and Prevention. If the test
result is positive, a reliable supplemental test based upon
recommendations of the United States Centers for Disease
Control and Prevention shall be administered.
Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in
a timely manner shall offer the inmate transitional case
management, including referrals to other support services.
(m) The chief administrative officer of each institution
or facility of the Department shall make a room in the
institution or facility available for substance use disorder
services to be provided to committed persons on a voluntary
basis. The services shall be provided for one hour once a week
at a time specified by the chief administrative officer of the
institution or facility if the following conditions are met:
(1) the substance use disorder service contacts the
chief administrative officer to arrange the meeting;
(2) the committed person may attend the meeting for
substance use disorder services only if the committed
person uses pre-existing free time already available to
the committed person;
(3) all disciplinary and other rules of the
institution or facility remain in effect;
(4) the committed person is not given any additional

privileges to attend substance use disorder services;
(5) if the substance use disorder service does not
arrange for scheduling a meeting for that week, no
substance use disorder services shall be provided to the
committed person in the institution or facility for that
week;
(6) the number of committed persons who may attend a
substance use disorder meeting shall not exceed 40 during
any session held at the correctional institution or
facility;
(7) a volunteer seeking to provide substance use
disorder services under this subsection (m) must submit an
application to the Department of Corrections under
existing Department rules and the Department must review
the application within 60 days after submission of the
application to the Department; and
(8) each institution and facility of the Department
shall manage the substance use disorder services program
according to its own processes and procedures.
For the purposes of this subsection (m), "substance use
disorder services" means recovery services for persons with
substance use disorders provided by volunteers of recovery
support services recognized by the Department of Human
Services.
(Source: P.A. 100-759, eff. 1-1-19; 100-1051, eff. 1-1-19;
101-81, eff. 7-12-19; 101-86, eff. 1-1-20.)

(730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
Sec. 3-10-8. Discipline.)
(a)(1) Corporal punishment and disciplinary restrictions
on diet, medical or sanitary facilities, clothing, bedding or
mail are prohibited, as are reductions in the frequency of use
of toilets, washbowls and showers.
(2) Disciplinary restrictions on visitation, work,
education or program assignments, the use of toilets,
washbowls and showers shall be related as closely as
practicable to abuse of such privileges or facilities. This
paragraph shall not apply to segregation or isolation of
persons for purposes of institutional control.
(3) No person committed to the Department of Juvenile
Justice may be isolated for disciplinary reasons for more than
7 consecutive days nor more than 15 days out of any 30 day
period except in cases of violence or attempted violence
committed against another person or property when an
additional period of isolation for disciplinary reasons is
approved by the chief administrative officer. A person who has
been isolated for 24 hours or more shall be interviewed daily
by his staff counselor or other staff member.
(b) The Department of Juvenile Justice shall establish
rules and regulations governing disciplinary practices, the
penalties for violation thereof, and the disciplinary
procedure by which such penalties may be imposed. The rules of

behavior shall be made known to each committed person, and the
discipline shall be suited to the infraction and fairly
applied.
(c) All disciplinary action imposed upon persons in
institutions and facilities of the Department of Juvenile
Justice shall be consistent with this Section and Department
rules and regulations adopted hereunder.
(d) Disciplinary action imposed under this Section shall
be reviewed by the grievance procedure under Section 3-8-8.
(e) A written report of any infraction for which
discipline is imposed shall be filed with the chief
administrative officer within 72 hours of the occurrence of
the infraction or the discovery of it and such report shall be
placed in the file of the institution or facility.
(f) All institutions and facilities of the Department of
Juvenile Justice shall establish, subject to the approval of
the Director of Juvenile Justice, procedures for disciplinary
cases except those that may involve the imposition of
disciplinary isolation; delay in referral to the Prisoner
Review Parole and Pardon Board or a change in work, education
or other program assignment of more than 7 days duration.
(g) In disciplinary cases which may involve the imposition
of disciplinary isolation, delay in referral to the Prisoner
Review Parole and Pardon Board, or a change in work, education
or other program assignment of more than 7 days duration, the
Director shall establish disciplinary procedures consistent

with the following principles:
(1) Any person or persons who initiate a disciplinary
charge against a person shall not decide the charge. To
the extent possible, a person representing the counseling
staff of the institution or facility shall participate in
deciding the disciplinary case.
(2) Any committed person charged with a violation of
Department rules of behavior shall be given notice of the
charge including a statement of the misconduct alleged and
of the rules this conduct is alleged to violate.
(3) Any person charged with a violation of rules is
entitled to a hearing on that charge at which time he shall
have an opportunity to appear before and address the
person or persons deciding the charge.
(4) The person or persons deciding the charge may also
summon to testify any witnesses or other persons with
relevant knowledge of the incident. The person charged may
be permitted to question any person so summoned.
(5) If the charge is sustained, the person charged is
entitled to a written statement of the decision by the
persons deciding the charge which shall include the basis
for the decision and the disciplinary action, if any, to
be imposed.
(6) A change in work, education, or other program
assignment shall not be used for disciplinary purposes
except as provided in paragraph (a) of the Section and

then only after review and approval under Section 3-10-3.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further

criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 (child pornography) or of paragraph

(1), (2), (3), (4), (5), or (7) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug

conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle accident involving
death or personal injuries under Section 11-401 of the
Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the

Department of Corrections. If, however, the defendant is
sentenced to punishment by death, the sentence shall be
executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies shall be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(8.5) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery shall be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(9) If a person admitted to bail following conviction
of a felony commits a separate felony while free on bond or

if a person detained in a county jail facility or county
detention facility following conviction of a felony
commits a separate felony while in detention, then any
sentence following conviction of the separate felony shall
be consecutive to that of the original sentence for which
the defendant was on bond or detained.
(10) If a person is found to be in possession of an
item of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pre-trial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution shall be
served consecutively to the sentence imposed for the
offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(11) If a person is sentenced for a violation of bail
bond under Section 32-10 of the Criminal Code of 1961 or
the Criminal Code of 2012, any sentence imposed for that
violation shall be served consecutive to the sentence
imposed for the charge for which bail had been granted and
with respect to which the defendant has been convicted.
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a

term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced
only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on
or after February 1, 1978, the aggregate of consecutive

sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies, plus the
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50

(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff.
1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.