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| Public Act 100-0198
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| HB3712 Enrolled | LRB100 10864 RLC 21099 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-1-2 and 3-2-2 as follows:
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(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
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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
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superintendent of any juvenile institution or facility.
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(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),
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11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 |
(keeping a place of juvenile prostitution), 11-18.1
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(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
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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
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(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),
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10-2 (aggravated kidnapping), |
10-3 (unlawful restraint),
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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).
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(b) "Commitment" means a judicially determined placement
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in the custody of the Department of Corrections on the basis of
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delinquency or conviction.
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(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.
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(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.
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(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.
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(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.
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(f-5) (Blank).
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(g) "Discharge" means the final termination of a commitment
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to the Department of Corrections.
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(h) "Discipline" means the rules and regulations for the
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maintenance of order and the protection of persons and property
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within the institutions and facilities of the Department and
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their enforcement.
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(i) "Escape" means the intentional and unauthorized |
absence
of a committed person from the custody of the |
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Department.
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(j) "Furlough" means an authorized leave of absence from |
the
Department of Corrections for a designated purpose and |
period of time.
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(k) "Parole" means the conditional and revocable release
of |
a person committed to the Department of Corrections under the |
supervision of a parole officer.
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(l) "Prisoner Review Board" means the Board established in
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Section 3-3-1(a), independent of the Department, to review
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rules and regulations with respect to good time credits, to
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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 |
assume all other functions previously exercised by the
Illinois |
Parole and Pardon Board.
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(m) Whenever medical treatment, service, counseling, or
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care is referred to in this Unified Code of Corrections,
such |
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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
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therewith whenever request therefor is made by a person subject
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to the provisions of this Act.
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(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.
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(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. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; |
98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
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(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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Sec. 3-2-2. Powers and Duties of the Department.
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(1) In addition to the powers, duties and responsibilities |
which are
otherwise provided by law, the Department shall have |
the following powers:
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(a) To accept persons committed to it by the courts of |
this State for
care, custody, treatment and |
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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.
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(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
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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.
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(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
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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 |
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used in at
least one Department of
Corrections facility. |
The Director may expand the pilot program to include an
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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
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General Assembly on the
effectiveness of the program by |
January 1, 2003.
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(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.
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(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
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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
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designate those institutions which
shall constitute the |
State Penitentiary System.
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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 |
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conversion of a structure to be leased to the Department of
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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.
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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.
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(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),
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"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
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prosecutions under the criminal laws of this State in |
accordance with Section
5-805 of the Juvenile Court Act of |
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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.
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(d) To develop and maintain programs of control, |
rehabilitation and
employment of committed persons within |
its institutions.
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(d-5) To provide a pre-release job preparation program |
for inmates at Illinois adult correctional centers.
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(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.
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(e) To establish a system of supervision and guidance |
of committed persons
in the community.
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(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
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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 Director |
of Transportation. The prisoners used on this
program shall |
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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
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Department of Corrections nor the Department of |
Transportation shall replace
any regular employee with a |
prisoner.
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(g) To maintain records of persons committed to it and |
to establish
programs of research, statistics and |
planning.
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(h) To investigate the grievances of any person |
committed to the
Department, to inquire into any alleged |
misconduct by employees
or committed persons, and to |
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investigate the assets
of committed persons to implement |
Section 3-7-6 of this Code; 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
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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.
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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.
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(i) To appoint and remove the chief administrative |
officers, and
administer
programs of training and |
development of personnel of the Department. Personnel
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assigned by the Department to be responsible for the
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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 |
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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.
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(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.
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(k) To administer all moneys and properties of the |
Department.
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(l) To report annually to the Governor on the committed
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persons, institutions and programs of the Department.
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(l-5) (Blank).
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(m) To make all rules and regulations and exercise all |
powers and duties
vested by law in the Department.
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(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.
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(o) To administer the distribution of funds
from the |
State Treasury to reimburse counties where State penal
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institutions are located for the payment of assistant |
state's attorneys'
salaries under Section 4-2001 of the |
Counties Code.
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(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.
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(q) To establish a diversion program.
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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.
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Elements of the program shall include, but shall not be |
limited to, the
following:
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(1) The staff of a diversion facility shall provide |
supervision in
accordance with required objectives set |
by the facility.
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(2) Participants shall be required to maintain |
employment.
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(3) Each participant shall pay for room and board |
at the facility on a
sliding-scale basis according to |
the participant's income.
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(4) Each participant shall:
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(A) provide restitution to victims in |
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accordance with any court order;
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(B) provide financial support to his |
dependents; and
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(C) make appropriate payments toward any other |
court-ordered
obligations.
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(5) Each participant shall complete community |
service in addition to
employment.
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(6) Participants shall take part in such |
counseling, educational and
other programs as the |
Department may deem appropriate.
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(7) Participants shall submit to drug and alcohol |
screening.
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(8) The Department shall promulgate rules |
governing the administration
of the program.
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(r) To enter into intergovernmental cooperation |
agreements under which
persons in the custody of the |
Department may participate in a county impact
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incarceration program established under Section 3-6038 or |
3-15003.5 of the
Counties Code.
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(r-5) (Blank).
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(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. |
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"Segregate" means no physical contact
and, to the extent |
possible under the conditions and space available at the
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correctional facility, prohibition of visual and sound |
communication. For the
purposes of this paragraph (r-10), |
"leaders" means persons who:
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(i) are members of a criminal streetgang;
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(ii) with respect to other individuals within the |
streetgang, occupy a
position of organizer, |
supervisor, or other position of management or
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leadership; and
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(iii) are actively and personally engaged in |
directing, ordering,
authorizing, or requesting |
commission of criminal acts by others, which are
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punishable as a felony, in furtherance of streetgang |
related activity both
within and outside of the |
Department of Corrections.
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"Streetgang", "gang", and "streetgang related" have the |
meanings ascribed to
them in Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention
Act.
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(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.
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(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 |
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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.
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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.
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(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
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children.
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(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 |
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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.
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(v) To do all other acts necessary to carry out the |
provisions
of this Chapter.
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(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.
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(3) When the Department lets bids for contracts for medical
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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.
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(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 |
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performance bond issued by a company whose bonds have an |
investment grade or higher rating by a bond rating |
organization.
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(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. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12; |
97-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff. |
8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
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