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| Public Act 097-0800
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| SB2819 Enrolled | LRB097 14650 RLC 59538 b |
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AN ACT concerning corrections.
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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 3-2-2, 3-2-5, 3-5-3, 5-8-1.1, and 5-8-1.3 as |
follows:
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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 |
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 |
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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 |
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 |
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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 |
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 |
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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(e) To establish a system of supervision and guidance |
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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 |
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 |
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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 |
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 |
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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 |
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.
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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). 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 |
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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
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enable tracking, auditing, and verification without |
revealing the names of the
leaders. Because this report |
contains law enforcement intelligence information
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collected by the Department, the report is confidential and |
not subject to
public disclosure.
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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
good conduct 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 |
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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 |
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. |
"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 |
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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 |
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 |
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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 |
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 |
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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 are rated AAA by a bond rating
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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 |
performance bond issued by a company whose bonds are rated
AAA |
by a bond rating organization.
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(Source: P.A. 96-1265, eff. 7-26-10.)
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(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
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Sec. 3-2-5. Organization of the Department of Corrections |
and the Department of Juvenile Justice.
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(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.
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(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 |
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.
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(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 |
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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.
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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
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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.
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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
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institutions under the jurisdiction of the Department,
and an |
overall status of the unit as it relates to its function and
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performance.
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(Source: P.A. 94-696, eff. 6-1-06.)
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(730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
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Sec. 3-5-3. Annual and other Reports.
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(a) The Director shall make an annual report to the |
Governor and General Assembly under
Section 5-650 of the |
Departments of State Government Law (20 ILCS
5/5-650), |
concerning the
state and condition of all persons committed to |
the Department, its
institutions, facilities and programs, of |
all moneys expended and received,
and on what accounts expended |
and received. The report may also include an
abstract of all |
reports made to the Department by individual institutions,
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facilities or programs during the preceding year.
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(b) (Blank). The Director shall make an annual report to |
the Governor and to the
State Legislature on any inadequacies |
in the institutions, facilities or
programs of the Department |
and also such amendments to the laws of the
State which in his |
judgment are necessary in order to best advance the
purposes of |
this Code.
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(c) The Director may require such reports from division |
administrators,
chief administrative officers and other |
personnel as he deems necessary for
the administration of the |
Department.
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(d) (Blank). The Department of Corrections shall, by |
January 1, 1990,
January 1, 1991, and every 2
years thereafter, |
transmit to the Governor and the General Assembly a 5 year
long |
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range planning document for adult female offenders under the
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Department's supervision. The document shall detail how the |
Department
plans to meet the housing, educational/training, |
Correctional Industries
and programming needs of the |
escalating adult female offender population.
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(Source: P.A. 91-239, eff. 1-1-00.)
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(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
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Sec. 5-8-1.1. Impact incarceration.
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(a) The Department may establish
and operate an impact |
incarceration
program for eligible offenders. If the court |
finds under
Section 5-4-1 that
an offender sentenced to a term |
of imprisonment for a felony may meet the
eligibility |
requirements of the Department, the court may in its
sentencing |
order
approve the offender for placement in the impact |
incarceration program
conditioned upon his acceptance in the |
program by the Department.
Notwithstanding the sentencing |
provisions of this Code, the sentencing
order also shall |
provide that if the Department accepts the offender in the
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program and determines that the offender has successfully |
completed the
impact incarceration program, the sentence shall |
be reduced to time
considered served upon certification to the |
court by the Department that
the offender has successfully |
completed the program. In the event the
offender is not |
accepted for placement in the impact incarceration program
or |
the offender does not successfully complete the program,
his |
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term of imprisonment shall be as set forth by the court in its |
sentencing
order.
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(b) In order to be eligible to participate in the impact |
incarceration
program, the committed person shall meet all of |
the following requirements:
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(1) The person must be not less than 17 years of age |
nor more than 35 years of age.
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(2) The person has not previously participated in the |
impact
incarceration program and has not previously served |
more than one
prior sentence of imprisonment for a felony |
in an adult correctional
facility.
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(3) The person has not been convicted of a Class X |
felony,
first or
second degree murder, armed violence, |
aggravated kidnapping, criminal
sexual assault, aggravated |
criminal sexual abuse or a subsequent conviction for
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criminal sexual abuse, forcible detention, residential |
arson, place of
worship arson, or arson and has not
been |
convicted previously of any of those offenses.
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(4) The person has been sentenced to a term of |
imprisonment of 8
years or less.
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(5) The person must be physically able to participate |
in strenuous
physical activities or labor.
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(6) The person must not have any mental disorder or |
disability that
would prevent participation in the impact |
incarceration program.
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(7) The person has consented in writing to |
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participation in the impact
incarceration program and to |
the terms and conditions thereof.
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(8) The person was recommended and approved for |
placement in the
impact incarceration
program in the |
court's sentencing order.
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The Department may also consider, among other matters, |
whether the
committed person has any outstanding detainers or |
warrants, whether the
committed person has a history of |
escaping or absconding, whether
participation in the impact |
incarceration program may pose a risk to the
safety or security |
of any person and whether space is available.
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(c) The impact incarceration program shall include, among |
other matters,
mandatory physical training and labor, military |
formation and drills,
regimented activities, uniformity of |
dress and appearance, education and
counseling, including drug |
counseling where appropriate.
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(d) Privileges including visitation, commissary, receipt |
and retention
of property and publications and access to |
television, radio and a library
may be suspended or restricted, |
notwithstanding provisions to the contrary in this Code.
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(e) Committed persons participating in the impact |
incarceration program
shall adhere to all Department rules and |
all requirements of the program.
Committed persons shall be |
informed of rules of behavior and conduct.
Disciplinary |
procedures required by this Code or by Department rule are not
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applicable except in those instances in which the Department |
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seeks to revoke good time.
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(f) Participation in the impact incarceration program |
shall be for a
period of 120 to 180 days. The period of time a |
committed person shall
serve in the impact incarceration |
program shall not be reduced by the
accumulation of good time.
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(g) The committed person shall serve a term of mandatory |
supervised
release as set forth in subsection (d) of Section |
5-8-1.
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(h) A committed person may be removed from the program for |
a violation
of the terms or conditions of the program or in the |
event he is for any
reason unable to participate. The |
Department shall promulgate rules and
regulations governing |
conduct which could result in removal from the
program or in a |
determination that the committed person has not
successfully |
completed the program. Committed persons shall have access to
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such rules, which shall provide that a committed person shall |
receive
notice and have the opportunity to appear before and |
address one or more
hearing officers. A committed person may be |
transferred to any of the
Department's facilities prior to the |
hearing.
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(i) The Department may terminate the impact incarceration |
program at any
time.
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(j) The Department shall report to the Governor and the |
General Assembly
on or before September 30th of each year on |
the impact incarceration
program, including the composition of |
the program by the offenders, by
county of commitment, |
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sentence, age, offense and race.
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(k) The Department of Corrections shall consider the |
affirmative
action plan approved by the Department of Human |
Rights in hiring staff at
the impact incarceration facilities. |
The Department shall report to the
Director of Human Rights on |
or before April 1 of the year on the sex, race
and national |
origin of persons employed at each impact incarceration |
facility.
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(Source: P.A. 93-169, eff. 7-10-03.)
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(730 ILCS 5/5-8-1.3)
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Sec. 5-8-1.3. Pilot residential and transition treatment |
program for women.
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(a) The General Assembly recognizes:
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(1) that drug-offending women with children who have |
been in and out of
the criminal justice system for years |
are a serious problem;
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(2) that the intergenerational cycle of women |
continuously
being part of the criminal justice system |
needs to be broken;
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(3) that the effects of drug offending women with |
children
disrupts family harmony and creates an atmosphere |
that is
not conducive to healthy childhood development;
|
(4) that there is a need for an effective residential
|
community supervision model to provide help to women to
|
become drug free, recover from trauma, focus on healthy
|
|
mother-child relationships, and establish economic
|
independence and long-term support;
|
(5) that certain non-violent women offenders with |
children
eligible for sentences of incarceration, may |
benefit from
the rehabilitative aspects of gender |
responsive
treatment programs and services. This Section |
shall
not be construed to allow violent offenders to
|
participate in a treatment program.
|
(b) Under the direction of the sheriff and with the |
approval of
the county board of commissioners, the sheriff, in |
any county with more
than 3,000,000 inhabitants, may operate a |
residential and
transition treatment program for women |
established by the Illinois Department
of Corrections if |
funding has been provided by federal, local or private
|
entities. If the court finds during the
sentencing hearing |
conducted under Section 5-4-1 that a woman convicted
of a |
felony meets the eligibility requirements of the sheriff's
|
residential and transition treatment program for women, the |
court may
refer the offender to the sheriff's residential and |
transition
treatment program for women for consideration as a |
participant as an
alternative to incarceration in the |
penitentiary. The sheriff shall be
responsible for supervising |
all women who are placed in the residential
and transition |
treatment program for women for the 12-month period. In
the |
event that the woman is not accepted for placement in the |
sheriff's
residential and transition treatment program for |
|
women, the court shall
proceed to sentence the woman to any |
other disposition authorized by
this Code. If the woman does |
not successfully complete the residential
and transition |
treatment program for women, the woman's failure to do
so shall |
constitute a violation of the sentence to the residential and
|
transition treatment program for women.
|
(c) In order to be eligible to be a participant in the |
pilot
residential and transition treatment program for women, |
the participant
shall meet all of the following conditions:
|
(1) The woman has not been convicted of a violent crime |
as
defined in subsection (c) of Section 3 of the Rights of |
Crime
Victims and Witnesses Act, a Class X felony, first or |
second
degree murder, armed violence, aggravated |
kidnapping,
criminal sexual assault, aggravated criminal |
sexual
abuse or a subsequent conviction for criminal sexual |
abuse,
forcible detention, or arson and has not been |
previously
convicted of any of those offenses.
|
(2) The woman must undergo an initial assessment |
evaluation
to determine the treatment and program plan.
|
(3) The woman was recommended and accepted for |
placement in
the pilot residential and transition |
treatment program for
women by the Department of |
Corrections and has consented in writing to
participation |
in the program under the terms and conditions
of the |
program. The Department of Corrections may consider |
whether space is
available.
|
|
(d) The program may include a substance abuse treatment |
program
designed for women offenders, mental health, trauma, |
and medical
treatment; parenting skills and family |
relationship counseling, preparation for
a GED or vocational |
certificate; life skills program; job readiness and job
skill |
training, and a community transition development plan.
|
(e) With the approval of the Department of Corrections, the |
sheriff shall
issue requirements for the program and
inform the |
participants who shall sign an agreement to adhere to all
rules |
and all requirements for the pilot residential and transition
|
treatment program.
|
(f) Participation in the pilot residential and transition
|
treatment program for women shall be for a period not to exceed |
12
months. The period may not be reduced by accumulation of |
good time.
|
(g) If the woman successfully completes the pilot |
residential
and transition treatment program for women, the |
sheriff shall notify
the Department of Corrections, the court, |
and
the State's
Attorney of the county of the woman's |
successful completion.
|
(h) A woman may be removed from the pilot residential and
|
transition treatment program for women for violation of the |
terms and
conditions of the program or in the event she is |
unable to participate.
The failure to complete the program |
shall be deemed a violation of the
conditions of the program. |
The sheriff shall give notice to the Department of
Corrections, |
|
the court, and the
State's Attorney of the woman's failure to |
complete the program.
The
Department of Corrections or its |
designee shall file a petition alleging that
the woman has |
violated the
conditions of the program with the court. The |
State's Attorney may
proceed on the petition under Section |
5-4-1 of this Code.
|
(i) The conditions of the pilot residential and transition |
treatment
program for women shall include that the woman while |
in the program:
|
(1) not violate any criminal statute of any |
jurisdiction;
|
(2) report or appear in person before any person or
|
agency as directed by the court, the sheriff, or Department |
of Corrections;
|
(3) refrain from possessing a firearm or other |
dangerous
weapon;
|
(4) consent to drug testing;
|
(5) not leave the State without the consent of the |
court or,
in circumstances in which reason for the absence |
is of such an
emergency nature that prior consent by the |
court is not possible,
without prior notification and |
approval of the Department of Corrections;
|
(6) upon placement in the program, must agree to follow |
all
requirements of the program.
|
(j) The Department of Corrections or the sheriff may |
terminate the program
at any time by mutual agreement or with |
|
30 days prior written notice by either
the Department of |
Corrections or the sheriff.
|
(k) The Department of Corrections may enter into a joint |
contract with a
county with more than 3,000,000 inhabitants to |
establish and operate a pilot
residential and treatment program |
for women.
|
(l) The Director
of the Department of Corrections shall |
have the authority to develop rules to
establish and operate a |
pilot residential and treatment program for women that
shall |
include criteria for selection of the participants of the |
program in
conjunction and approval by the sentencing court. |
Violent crime offenders are
not eligible to participate in the |
program.
|
(m) The Department shall report to the Governor and the |
General Assembly
before September 30th of each year on the |
pilot residential and treatment
program for women, including |
the composition of the program by offenders,
sentence, age, |
offense, and race. Reporting is only required if the pilot |
residential and treatment program for women is operational.
|
(n) The Department of Corrections or the sheriff may |
terminate the program
with 30 days prior written notice.
|
(o) A county with more than 3,000,000 inhabitants is |
authorized to apply
for funding from federal, local or private |
entities to create a Residential
and Treatment Program for |
Women. This sentencing option may not go into
effect until the |
funding is secured for the program and the program has been
|
