Bill Text: IL SB2819 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Eliminates various reports that the Department of Corrections must submit to the Governor and General Assembly. Provides that reports about the pilot residential and treatment program for women shall be required only if the program is operational. Repeals provision requiring the Department of Corrections to publish an annual report available to trial and appellate court judges for their use in imposing or reviewing sentences under the Code and to other interested parties upon a showing of need. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0800 [SB2819 Detail]

Download: Illinois-2011-SB2819-Enrolled.html

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SB2819 Enrolled LRB097 14650 RLC 59538 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 3-2-2, 3-2-5, 3-5-3, 5-8-1.1, and 5-8-1.3 as
follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and
rehabilitation, and to accept federal prisoners and aliens
over whom the Office of the Federal Detention Trustee is
authorized to exercise the federal detention function for
limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and

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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
making appropriate treatment available to such persons;
the Department shall report to the General Assembly on such
plan not later than April 1, 1987. The maintenance and
implementation of such plan shall be contingent upon the
availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Department
of State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his or

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her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter into
an agreement of the type described in subsection (d) of
Section 405-300 of the Department of Central Management
Services Law (20 ILCS 405/405-300). The Department shall
designate those institutions which shall constitute the
State Penitentiary System.
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.

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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.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(e) To establish a system of supervision and guidance

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of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up the
trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the 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
Department of Corrections nor the Department of
Transportation shall replace any regular employee with a
prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department, 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

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thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees or
alleged violations of a parolee's or releasee's conditions
of parole shall be conservators of the peace for those
purposes, and shall have the full power of peace officers
outside of the facilities of the Department in the
protection, arrest, retaking and reconfining of committed
persons or where the exercise of such power is necessary to
the investigation of such misconduct or violations.
(j) To cooperate with other departments and agencies
and with local communities for the development of standards
and programs for better correctional services in this
State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) (Blank). 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
enable tracking, auditing, and verification without
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

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and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set
by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and

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(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in
each gang. The Department shall promptly segregate leaders
from inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound

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communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are disruptive
or dangerous and provide for the safety and security of the
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the

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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.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed to
the Department absconds or absents himself or herself,
without authority to do so, from any facility or program to
which he or she is assigned. The order shall be certified
by the Director, the Supervisor of the Apprehension Unit,
or any person duly designated by the Director, with the
seal of the Department affixed. The order shall be directed
to all sheriffs, coroners, and police officers, or to any
particular person named in the order. Any order issued
pursuant to this subdivision (1) (u-5) shall be sufficient

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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.
(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
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.
(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)
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
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

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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.
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
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.

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(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
Sec. 3-5-3. Annual and other Reports.
(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,
facilities or programs during the preceding year.
(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.
(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.
(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
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.
(Source: P.A. 91-239, eff. 1-1-00.)
(730 ILCS 5/5-8-1.1) (from Ch. 38, par. 1005-8-1.1)
Sec. 5-8-1.1. Impact incarceration.
(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
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.
(b) In order to be eligible to participate in the impact
incarceration program, the committed person shall meet all of
the following requirements:
(1) The person must be not less than 17 years of age
nor more than 35 years of age.
(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.
(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
criminal sexual abuse, forcible detention, residential
arson, place of worship arson, or arson and has not been
convicted previously of any of those offenses.
(4) The person has been sentenced to a term of
imprisonment of 8 years or less.
(5) The person must be physically able to participate
in strenuous physical activities or labor.
(6) The person must not have any mental disorder or
disability that would prevent participation in the impact
incarceration program.
(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.
(8) The person was recommended and approved for
placement in the impact incarceration program in the
court's sentencing order.
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.
(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.
(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.
(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
applicable except in those instances in which the Department

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seeks to revoke good time.
(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.
(g) The committed person shall serve a term of mandatory
supervised release as set forth in subsection (d) of Section
5-8-1.
(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
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.
(i) The Department may terminate the impact incarceration
program at any time.
(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.
(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.
(Source: P.A. 93-169, eff. 7-10-03.)
(730 ILCS 5/5-8-1.3)
Sec. 5-8-1.3. Pilot residential and transition treatment
program for women.
(a) The General Assembly recognizes:
(1) that drug-offending women with children who have
been in and out of the criminal justice system for years
are a serious problem;
(2) that the intergenerational cycle of women
continuously being part of the criminal justice system
needs to be broken;
(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

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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

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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.

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(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,

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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

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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

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established.
(Source: P.A. 95-331, eff. 8-21-07.)
(730 ILCS 5/5-5-4.3 rep.)
Section 10. The Unified Code of Corrections is amended by
repealing Section 5-5-4.3.
Section 99. Effective date. This Act takes effect upon
becoming law.