Bill Text: IL HB4606 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Corrections shall maintain an overall inmate to security staff ratio that shall not exceed 6 and that the Department of Juvenile Justice shall maintain an overall inmate to security staff ratio that shall not exceed 2. Provides that the respective Departments shall hire the necessary personnel in order to meet these requirements. Effective January 1, 2010.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-09-30 - Referred to Rules Committee [HB4606 Detail]

Download: Illinois-2009-HB4606-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4606 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-2-5 from Ch. 38, par. 1003-2-5
Amends the Unified Code of Corrections. Provides that the Department of Corrections shall maintain an overall inmate to security staff ratio that shall not exceed 6 and that the Department of Juvenile Justice shall maintain an overall inmate to security staff ratio that shall not exceed 2. Provides that the respective Departments shall hire the necessary personnel in order to meet these requirements. Effective January 1, 2010.
LRB096 13707 RLC 28471 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4606 LRB096 13707 RLC 28471 b
AN ACT concerning corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-2-2, and 3-2-5 as follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-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: 10-7 (aiding and abetting child
abduction under Section 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), 11-15.1 (soliciting
for a juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a juvenile

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prostitute), 11-19.1 (juvenile pimping), 11-19.2
(exploitation of a child), 11-20.1 (child pornography),
12-14.1 (predatory criminal sexual assault of a child), or
12-33 (ritualized abuse of a child). An attempt to commit
any of these offenses.
(ii) A violation of any of the following Sections of
the Criminal Code of 1961: 12-13 (criminal sexual assault),
12-14 (aggravated criminal sexual assault), 12-16
(aggravated criminal sexual abuse), and subsection (a) of
Section 12-15 (criminal sexual abuse). An attempt to commit
any of these offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961 when the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
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

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a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed Person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(d) "Correctional Institution or Facility" means any
building or part of a building where committed persons are kept
in a secured manner.
(e) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Department" means the Department of Corrections of this State.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Department" has the meaning ascribed to it in subsection
(f-5).
(f) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Director" means the Director of the Department of Corrections.

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In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Director" has the meaning ascribed to it in subsection (f-5).
(f-5) In the case of functions performed on or after the
effective date of this amendatory Act of the 94th General
Assembly, references to "Department" or "Director" refer to
either the Department of Corrections or the Director of
Corrections or to the Department of Juvenile Justice or the
Director of Juvenile Justice unless the context is specific to
the Department of Juvenile Justice or the Director of Juvenile
Justice.
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
(j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
(k) "Parole" means the conditional and revocable release of
a committed person under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in

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Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear requests
and make recommendations to the Governor with respect to
pardon, reprieve or commutation, to set conditions for parole
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.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(o) "Inmate to security staff ratio" means the number of
inmates per security staff personnel.
(Source: P.A. 94-159, eff. 7-11-05; 94-696, eff. 6-1-06.)

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(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

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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

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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.
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

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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.
(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

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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
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.

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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
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
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

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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.
(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) In a confidential annual report to the Governor,
the Department shall identify all inmate gangs by
specifying each current gang's name, population and allied
gangs. The Department shall further specify the number of
top leaders identified by the Department for each gang
during the past year, and the measures taken by the
Department to segregate each leader from his or her gang
and allied gangs. The Department shall further report the
current status of leaders identified and segregated in
previous years. All leaders described in the report shall
be identified by inmate number or other designation to
enable tracking, auditing, and verification without

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revealing the names of the leaders. Because this report
contains law enforcement intelligence information
collected by the Department, the report is confidential and
not subject to public disclosure.
(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 good conduct 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

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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

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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

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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

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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.
(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 are rated AAA 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

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provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds are rated AAA
by a bond rating organization.
(5) The Department of Corrections shall maintain an overall
inmate to security staff ratio that shall not exceed 6. If the
inmate to security staff ratio exceeds 6, then the Department
of Corrections shall hire the necessary personnel in order to
meet this requirement.
(Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06;
94-1067, eff. 8-1-06.)
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
Sec. 3-2-5. Organization of the Department of Corrections
and the Department of Juvenile Justice.
(a) There shall be an Adult Division within the Department
which shall be administered by an Assistant Director appointed
by the Governor under The Civil Administrative Code of
Illinois. The Assistant Director shall be under the direction
of the Director. The Adult Division shall be responsible for
all persons committed or transferred to the Department under
Sections 3-10-7 or 5-8-6 of this Code.
(b) There shall be a Department of Juvenile Justice which
shall be administered by a Director appointed by the Governor
under the Civil Administrative Code of Illinois. The Department
of Juvenile Justice shall be responsible for all persons under
17 years of age when sentenced to imprisonment and committed to

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the Department under subsection (c) of Section 5-8-6 of this
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
of the Juvenile Court Act of 1987. Persons under 17 years of
age committed to the Department of Juvenile Justice pursuant to
this Code shall be sight and sound separate from adult
offenders committed to the Department of Corrections.
(c) The Department shall create a gang intelligence unit
under the supervision of the Director. The unit shall be
specifically designed to gather information regarding the
inmate gang population, monitor the activities of gangs, and
prevent the furtherance of gang activities through the
development and implementation of policies aimed at deterring
gang activity. The Director shall appoint a Corrections
Intelligence Coordinator.
All information collected and maintained by the unit shall
be highly confidential, and access to that information shall be
restricted by the Department. The information shall be used to
control and limit the activities of gangs within correctional
institutions under the jurisdiction of the Illinois Department
of Corrections and may be shared with other law enforcement
agencies in order to curb gang activities outside of
correctional institutions under the jurisdiction of the
Department and to assist in the investigations and prosecutions
of gang activity. The Department shall establish and promulgate
rules governing the release of information to outside law
enforcement agencies. Due to the highly sensitive nature of the

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information, the information is exempt from requests for
disclosure under the Freedom of Information Act as the
information contained is highly confidential and may be harmful
if disclosed.
The Department shall file an annual report with the General
Assembly on the profile of the inmate population associated
with gangs, gang-related activity within correctional
institutions under the jurisdiction of the Department, and an
overall status of the unit as it relates to its function and
performance.
(d) The Department of Juvenile Justice shall maintain an
overall inmate to security staff ratio that shall not exceed 2.
If the inmate to security staff ratio exceeds 2, then the
Department of Juvenile Justice shall hire the necessary
personnel in order to meet this requirement.
(Source: P.A. 94-696, eff. 6-1-06.)
Section 99. Effective date. This Act takes effect January
1, 2010.