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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The County Jail Act is amended by changing | ||||||
| 5 | Section 14 as follows:
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| 6 | (730 ILCS 125/14) (from Ch. 75, par. 114)
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| 7 | Sec. 14.
At any time, in the opinion of the Warden, the | ||||||
| 8 | lives or health
of the prisoners are endangered or the security | ||||||
| 9 | of the penal institution is threatened, to such a degree as to | ||||||
| 10 | render their removal
necessary, the Warden may cause an | ||||||
| 11 | individual prisoner or a group of prisoners to be removed to | ||||||
| 12 | some suitable
place within the county, or to the jail of some | ||||||
| 13 | convenient county, where
they may be confined until they can be | ||||||
| 14 | safely returned to the place whence
they were removed. No | ||||||
| 15 | prisoner charged with a felony shall be removed by
the warden | ||||||
| 16 | to a Mental Health or Developmental Disabilities facility as
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| 17 | defined in the Mental Health and Developmental Disabilities | ||||||
| 18 | Code, except as
specifically authorized by Article 104 or 115 | ||||||
| 19 | of the Code of Criminal Procedure of
1963, or the Mental Health | ||||||
| 20 | and Developmental Disabilities Code. Any place
to which the | ||||||
| 21 | prisoners are so removed shall,
during their imprisonment | ||||||
| 22 | there, be deemed, as to such prisoners, a prison
of the county | ||||||
| 23 | in which they were originally confined; but, they shall be
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| 1 | under the care, government and direction of the Warden of the | ||||||
| 2 | jail of the
county in which they are confined. When any | ||||||
| 3 | criminal detainee is transferred to the custody of the | ||||||
| 4 | Department of Human Services, the warden shall supply the | ||||||
| 5 | Department of Human Services with all of the legally available | ||||||
| 6 | information as described in 20 Ill. Adm. Code 701.60(f).
When a | ||||||
| 7 | criminal detainee is delivered to the custody of the | ||||||
| 8 | Department, the following information must be included with the | ||||||
| 9 | items delivered: | ||||||
| 10 | (1) the sentence imposed; | ||||||
| 11 | (2) any findings of great bodily harm made by the court; | ||||||
| 12 | (3) any statement by the court on the basis for imposing | ||||||
| 13 | the sentence; | ||||||
| 14 | (4) any presentence reports; | ||||||
| 15 | (5) any sex offender evaluations; | ||||||
| 16 | (6) any substance abuse treatment eligibility screening | ||||||
| 17 | and assessment of the criminal detainee by an agent designated | ||||||
| 18 | by the State to provide assessments for Illinois courts; | ||||||
| 19 | (7) the number of days, if any, which the criminal detainee | ||||||
| 20 | has been in custody and for which he or she is entitled to | ||||||
| 21 | credit against the sentence. Certification of jail credit time | ||||||
| 22 | shall include any time served in the custody of the Illinois | ||||||
| 23 | Department of Human Services-Division of Mental Health or | ||||||
| 24 | Division of Developmental Disabilities, time served in another | ||||||
| 25 | state or federal jurisdiction, and any time served while on | ||||||
| 26 | probation or periodic imprisonment; | ||||||
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| 1 | (8) State's Attorney's statement of facts, including the | ||||||
| 2 | facts and circumstances of the offenses for which the criminal | ||||||
| 3 | detainee was committed, any other factual information | ||||||
| 4 | accessible to the State's Attorney prior to the commitment to | ||||||
| 5 | the Department relative to the criminal detainee's habits, | ||||||
| 6 | associates, disposition, and reputation or other information | ||||||
| 7 | that may aid the Department during the custody of the criminal | ||||||
| 8 | detainee. If the statement is unavailable at the time of | ||||||
| 9 | delivery, the statement must be transmitted within 10 days | ||||||
| 10 | after receipt by the clerk of the court; | ||||||
| 11 | (9) any medical or mental health records or summaries; | ||||||
| 12 | (10) any victim impact statements; | ||||||
| 13 | (11) name of municipalities where the arrest of the | ||||||
| 14 | criminal detainee and the commission of the offense occurred, | ||||||
| 15 | if the municipality has a population of more than 25,000 | ||||||
| 16 | persons; | ||||||
| 17 | (12) all additional matters that the court directs the | ||||||
| 18 | clerk to transmit; | ||||||
| 19 | (13) a record of the criminal detainee's time and his or | ||||||
| 20 | her behavior and conduct while in the custody of the county. | ||||||
| 21 | Any action on the part of the criminal detainee that might | ||||||
| 22 | affect his or her security status with the Department, | ||||||
| 23 | including, but not limited to, an escape attempt, participation | ||||||
| 24 | in a riot, or a suicide attempt should be included in the | ||||||
| 25 | record; and | ||||||
| 26 | (14) the mittimus or sentence (judgment) order that | ||||||
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| 1 | provides the following information: | ||||||
| 2 | (A) the criminal case number, names and citations of | ||||||
| 3 | the offenses, judge's name, date of sentence, and, if | ||||||
| 4 | applicable, whether the sentences are to be served | ||||||
| 5 | concurrently or consecutively; | ||||||
| 6 | (B) the number of days spent in custody; and | ||||||
| 7 | (C) if applicable, the calculation of pre-trial | ||||||
| 8 | program sentence credit awarded by the court to the | ||||||
| 9 | criminal detainee, including, at a minimum, identification | ||||||
| 10 | of the type of pre-trial program the criminal detainee | ||||||
| 11 | participated in and the number of eligible days the court | ||||||
| 12 | finds the criminal detainee spent in the pre-trial program | ||||||
| 13 | multiplied by the calculation factor of 0.5 for the total | ||||||
| 14 | court-awarded credit.
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| 15 | (Source: P.A. 97-104, eff. 1-1-12.)
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| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.
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