Bill Text: IL SB2944 | 2011-2012 | 97th General Assembly | Introduced

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

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Bill Title: Amends the Civil Administrative Code of Illinois, the Juvenile Court Act of 1987, and the Unified Code of Corrections. Eliminates references to the Adult Division of the Department of Corrections. Changes those references to the Department of Corrections. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1083 [SB2944 Detail]

Download: Illinois-2011-SB2944-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2944 Introduced 2/1/2012, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED:
20 ILCS 5/5-335 was 20 ILCS 5/9.11a
705 ILCS 405/1-7 from Ch. 37, par. 801-7
730 ILCS 5/3-2-5 from Ch. 38, par. 1003-2-5
730 ILCS 5/3-2-9 from Ch. 38, par. 1003-2-9
730 ILCS 5/3-3-4 from Ch. 38, par. 1003-3-4
730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3
730 ILCS 5/3-5-3.1 from Ch. 38, par. 1003-5-3.1
730 ILCS 5/3-6-4 from Ch. 38, par. 1003-6-4
730 ILCS 5/3-8-7 from Ch. 38, par. 1003-8-7
730 ILCS 5/3-10-7 from Ch. 38, par. 1003-10-7
730 ILCS 5/3-13-4 from Ch. 38, par. 1003-13-4
Amends the Civil Administrative Code of Illinois, the Juvenile Court Act of 1987, and the Unified Code of Corrections. Eliminates references to the Adult Division of the Department of Corrections. Changes those references to the Department of Corrections. Effective immediately.
LRB097 14649 RLC 59537 b
A BILL FOR
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AN ACT concerning corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 5-335 as follows:
(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
Sec. 5-335. In the Department of Corrections. The Director
of Corrections shall receive an annual salary as set by the
Compensation Review Board.
The Assistant Director of Corrections Corrections - Adult
Division shall receive an annual salary as set by the
Compensation Review Board.
(Source: P.A. 96-800, eff. 10-30-09.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 1-7 as follows:
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of law enforcement records.
(A) Inspection and copying of law enforcement records
maintained by law enforcement agencies that relate to a minor
who has been arrested or taken into custody before his or her
17th birthday shall be restricted to the following:

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(1) Any local, State or federal law enforcement
officers of any jurisdiction or agency when necessary for
the discharge of their official duties during the
investigation or prosecution of a crime or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection with
a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, probation officers, social workers,
or other individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors pursuant
to the order of the juvenile court, when essential to
performing their responsibilities.
(3) Prosecutors and probation officers:
(a) in the course of a trial when institution of

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criminal proceedings has been permitted or required
under Section 5-805; or
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and such
minor is the subject of a proceeding to determine the
amount of bail; or
(c) when criminal proceedings have been permitted
or required under Section 5-805 and such minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge of the Juvenile Court and
the chief executive of the respective law enforcement
agency; provided that publication of such research results
in no disclosure of a minor's identity and protects the
confidentiality of the minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official. Inspection and
copying shall be limited to law enforcement records
transmitted to the appropriate school official by a local
law enforcement agency under a reciprocal reporting system

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established and maintained between the school district and
the local law enforcement agency under Section 10-20.14 of
the School Code concerning a minor enrolled in a school
within the school district who has been arrested or taken
into custody for any of the following offenses:
(i) unlawful use of weapons under Section 24-1 of
the Criminal Code of 1961;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section 2-8 of
the Criminal Code of 1961; or
(v) a violation of the Methamphetamine Control and
Community Protection Act.
(9) Mental health professionals on behalf of the
Illinois Department of Corrections or the Department of
Human Services or prosecutors who are evaluating,
prosecuting, or investigating a potential or actual
petition brought under the Sexually Violent Persons
Commitment Act relating to a person who is the subject of
juvenile law enforcement records or the respondent to a
petition brought under the Sexually Violent Persons
Commitment Act who is the subject of the juvenile law
enforcement records sought. Any records and any
information obtained from those records under this
paragraph (9) may be used only in sexually violent persons

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commitment proceedings.
(B) (1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, Adult Division
or the Department of State Police or to the Federal Bureau
of Investigation any fingerprint or photograph relating to
a minor who has been arrested or taken into custody before
his or her 17th birthday, unless the court in proceedings
under this Act authorizes the transmission or enters an
order under Section 5-805 permitting or requiring the
institution of criminal proceedings.
(2) Law enforcement officers or other persons or
agencies shall transmit to the Department of State Police
copies of fingerprints and descriptions of all minors who
have been arrested or taken into custody before their 17th
birthday for the offense of unlawful use of weapons under
Article 24 of the Criminal Code of 1961, a Class X or Class
1 felony, a forcible felony as defined in Section 2-8 of
the Criminal Code of 1961, or a Class 2 or greater felony
under the Cannabis Control Act, the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, or Chapter 4 of the Illinois Vehicle Code,
pursuant to Section 5 of the Criminal Identification Act.
Information reported to the Department pursuant to this
Section may be maintained with records that the Department
files pursuant to Section 2.1 of the Criminal

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Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 17th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 17
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public except by order of the court
presiding over matters pursuant to this Act or when the
institution of criminal proceedings has been permitted or
required under Section 5-805 or such a person has been
convicted of a crime and is the subject of pre-sentence
investigation or proceedings on an application for probation or
when provided by law. For purposes of obtaining documents
pursuant to this Section, a civil subpoena is not an order of
the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile court
case that is no longer pending, the party seeking to

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inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct

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of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype or intelligence alert bulletin or
other means the identity or other relevant information
pertaining to a person under 17 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department from obtaining
and examining the records of any law enforcement agency
relating to any record of the applicant having been arrested or
taken into custody before the applicant's 17th birthday.
(Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
Section 15. The Unified Code of Corrections is amended by
changing Sections 3-2-5, 3-2-9, 3-3-4, 3-4-3, 3-5-3.1, 3-6-4,

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3-8-7, 3-10-7, and 3-13-4 as follows:
(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 a an Adult Division within the
Department of Corrections which shall be administered by a
Director and 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
Department of Corrections 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

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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
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

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overall status of the unit as it relates to its function and
performance.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2-9) (from Ch. 38, par. 1003-2-9)
Sec. 3-2-9. Each fiscal year, the Department shall prepare
and submit to the clerk of the circuit court a financial impact
statement that includes the estimated annual and monthly cost
of incarcerating an individual in a Department facility and the
estimated construction cost per bed. The estimated annual cost
of incarcerating an individual in a Department facility shall
be derived by taking the annual expenditures of Department of
Corrections Adult Division facilities and all administrative
costs and dividing the sum of these factors by the average
annual inmate population of the facilities. All statements
shall be made available to the public for inspection and
copying.
(Source: P.A. 87-417.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for Parole Hearing.
(a) The Prisoner Review Board shall consider the parole of
each eligible person committed to the Department of Corrections
Adult Division at least 30 days prior to the date he shall
first become eligible for parole, and shall consider the parole
of each person committed to the Department of Juvenile Justice

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as a delinquent at least 30 days prior to the expiration of the
first year of confinement.
(b) A person eligible for parole shall, no less than 15
days in advance of his parole interview, prepare a parole plan
in accordance with the rules of the Prisoner Review Board. The
person shall be assisted in preparing his parole plan by
personnel of the Department of Corrections, or the Department
of Juvenile Justice in the case of a person committed to that
Department, and may, for this purpose, be released on furlough
under Article 11 or on authorized absence under Section 3-9-4.
The appropriate Department shall also provide assistance in
obtaining information and records helpful to the individual for
his parole hearing. If the person eligible for parole has a
petition or any written submissions prepared on his or her
behalf by an attorney or other representative, the attorney or
representative for the person eligible for parole must serve by
certified mail the State's Attorney of the county where he or
she was prosecuted with the petition or any written submissions
15 days after his or her parole interview. The State's Attorney
shall provide the attorney for the person eligible for parole
with a copy of his or her letter in opposition to parole via
certified mail within 5 business days of the en banc hearing.
(c) Any member of the Board shall have access at all
reasonable times to any committed person and to his master
record file within the Department, and the Department shall
furnish such a report to the Board concerning the conduct and

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character of any such person prior to his or her parole
interview.
(d) In making its determination of parole, the Board shall
consider:
(1) material transmitted to the Department of Juvenile
Justice by the clerk of the committing court under Section
5-4-1 or Section 5-10 of the Juvenile Court Act or Section
5-750 of the Juvenile Court Act of 1987;
(2) the report under Section 3-8-2 or 3-10-2;
(3) a report by the Department and any report by the
chief administrative officer of the institution or
facility;
(4) a parole progress report;
(5) a medical and psychological report, if requested by
the Board;
(6) material in writing, or on film, video tape or
other electronic means in the form of a recording submitted
by the person whose parole is being considered; and
(7) material in writing, or on film, video tape or
other electronic means in the form of a recording or
testimony submitted by the State's Attorney and the victim
or a concerned citizen pursuant to the Rights of Crime
Victims and Witnesses Act.
(e) The prosecuting State's Attorney's office shall
receive from the Board reasonable written notice not less than
30 days prior to the parole interview and may submit relevant

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information by oral argument or testimony of victims and
concerned citizens, or both, in writing, or on film, video tape
or other electronic means or in the form of a recording to the
Board for its consideration. Upon written request of the
State's Attorney's office, the Prisoner Review Board shall hear
protests to parole, except in counties of 1,500,000 or more
inhabitants where there shall be standing objections to all
such petitions. If a State's Attorney who represents a county
of less than 1,500,000 inhabitants requests a protest hearing,
the inmate's counsel or other representative shall also receive
notice of such request. This hearing shall take place the month
following the inmate's parole interview. If the inmate's parole
interview is rescheduled then the Prisoner Review Board shall
promptly notify the State's Attorney of the new date. The
person eligible for parole shall be heard at the next scheduled
en banc hearing date. If the case is to be continued, the
State's Attorney's office and the attorney or representative
for the person eligible for parole will be notified of any
continuance within 5 business days. The State's Attorney may
waive the written notice.
(f) The victim of the violent crime for which the prisoner
has been sentenced shall receive notice of a parole hearing as
provided in paragraph (4) of subsection (d) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act.
(g) Any recording considered under the provisions of
subsection (d)(6), (d)(7) or (e) of this Section shall be in

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the form designated by the Board. Such recording shall be both
visual and aural. Every voice on the recording and person
present shall be identified and the recording shall contain
either a visual or aural statement of the person submitting
such recording, the date of the recording and the name of the
person whose parole eligibility is being considered. Such
recordings shall be retained by the Board and shall be deemed
to be submitted at any subsequent parole hearing if the victim
or State's Attorney submits in writing a declaration clearly
identifying such recording as representing the present
position of the victim or State's Attorney regarding the issues
to be considered at the parole hearing.
(h) The Board shall not release any material to the inmate,
the inmate's attorney, any third party, or any other person
containing any information from the victim or from a person
related to the victim by blood, adoption, or marriage who has
written objections, testified at any hearing, or submitted
audio or visual objections to the inmate's parole, unless
provided with a waiver from that objecting party.
(Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
Sec. 3-4-3. Funds and Property of Persons Committed.
(a) The Department of Corrections and the Department of
Juvenile Justice shall establish accounting records with
accounts for each person who has or receives money while in an

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institution or facility of that Department and it shall allow
the withdrawal and disbursement of money by the person under
rules and regulations of that Department. Any interest or other
income from moneys deposited with the Department by a resident
of the Department of Juvenile Justice in excess of $200 shall
accrue to the individual's account, or in balances up to $200
shall accrue to the Residents' Benefit Fund. For an individual
in an institution or facility of the Department of Corrections
Adult Division the interest shall accrue to the Residents'
Benefit Fund. The Department shall disburse all moneys so held
no later than the person's final discharge from the Department.
Moneys in the account of a committed person who files a lawsuit
determined frivolous under Article XXII of the Code of Civil
Procedure shall be deducted to pay for the filing fees and cost
of the suit as provided in that Article. The Department shall
under rules and regulations record and receipt all personal
property not allowed to committed persons. The Department shall
return such property to the individual no later than the
person's release on parole.
(b) Any money held in accounts of committed persons
separated from the Department by death, discharge, or
unauthorized absence and unclaimed for a period of 1 year
thereafter by the person or his legal representative shall be
transmitted to the State Treasurer who shall deposit it into
the General Revenue Fund. Articles of personal property of
persons so separated may be sold or used by the Department if

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unclaimed for a period of 1 year for the same purpose.
Clothing, if unclaimed within 30 days, may be used or disposed
of as determined by the Department.
(c) Forty percent of the profits on sales from commissary
stores shall be expended by the Department for the special
benefit of committed persons which shall include but not be
limited to the advancement of inmate payrolls, for the special
benefit of employees, and for the advancement or reimbursement
of employee travel, provided that amounts expended for
employees shall not exceed the amount of profits derived from
sales made to employees by such commissaries, as determined by
the Department. The remainder of the profits from sales from
commissary stores must be used first to pay for wages and
benefits of employees covered under a collective bargaining
agreement who are employed at commissary facilities of the
Department and then to pay the costs of dietary staff.
(d) The Department shall confiscate any unauthorized
currency found in the possession of a committed person. The
Department shall transmit the confiscated currency to the State
Treasurer who shall deposit it into the General Revenue Fund.
(Source: P.A. 93-607, eff. 1-1-04; 94-696, eff. 6-1-06.)
(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
Sec. 3-5-3.1. As used in this Section, "facility" includes
any facility of the Adult Division of the Department of
Corrections and any facility of the Department of Juvenile

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Justice.
The Department of Corrections and the Department of
Juvenile Justice shall each, by January 1st, April 1st, July
1st, and October 1st of each year, transmit to the General
Assembly, a report which shall include the following
information reflecting the period ending fifteen days prior to
the submission of the report: 1) the number of residents in all
Department facilities indicating the number of residents in
each listed facility; 2) a classification of each facility's
residents by the nature of the offense for which each resident
was committed to the Department; 3) the number of residents in
maximum, medium, and minimum security facilities indicating
the classification of each facility's residents by the nature
of the offense for which each resident was committed to the
Department; 4) the educational and vocational programs
provided at each facility and the number of residents
participating in each such program; 5) the present capacity
levels in each facility; 6) the projected capacity of each
facility six months and one year following each reporting date;
7) the ratio of the security guards to residents in each
facility; 8) the ratio of total employees to residents in each
facility; 9) the number of residents in each facility that are
single-celled and the number in each facility that are
double-celled; 10) information indicating the distribution of
residents in each facility by the allocated floor space per
resident; 11) a status of all capital projects currently funded

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by the Department, location of each capital project, the
projected on-line dates for each capital project, including
phase-in dates and full occupancy dates; 12) the projected
adult prison facility populations in respect to the Department
of Corrections and the projected juvenile facility population
with respect to the Department of Juvenile Justice for each of
the succeeding twelve months following each reporting date,
indicating all assumptions built into such population
estimates; 13) the projected exits and projected admissions in
each facility for each of the succeeding twelve months
following each reporting date, indicating all assumptions
built into such population estimate; and 14) the locations of
all Department-operated or contractually operated community
correctional centers, including the present capacity and
population levels at each facility.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
Sec. 3-6-4. Enforcement of Discipline - Escape.
(a) A committed person who escapes or attempts to escape
from an institution or facility of the Department of
Corrections Adult Division, or escapes or attempts to escape
while in the custody of an employee of the Department of
Corrections Adult Division, or holds or participates in the
holding of any person as a hostage by force, threat or
violence, or while participating in any disturbance,

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demonstration or riot, causes, directs or participates in the
destruction of any property is guilty of a Class 2 felony. A
committed person who fails to return from furlough or from work
and day release is guilty of a Class 3 felony.
(b) If one or more committed persons injures or attempts to
injure in a violent manner any employee, officer, guard, other
peace officer or any other committed person or damages or
attempts to damage any building or workshop, or any
appurtenances thereof, or attempts to escape, or disobeys or
resists any lawful command, the employees, officers, guards and
other peace officers shall use all suitable means to defend
themselves, to enforce the observance of discipline, to secure
the persons of the offenders, and prevent such attempted
violence or escape; and said employees, officers, guards, or
other peace officers, or any of them, shall, in the attempt to
prevent the escape of any such person, or in attempting to
retake any such person who has escaped, or in attempting to
prevent or suppress violence by a committed person against
another person, a riot, revolt, mutiny or insurrection, be
justified in the use of force, including force likely to cause
death or great bodily harm under Section 7-8 of the Criminal
Code of 1961 which he reasonably believed necessary.
As used in this Section, "committed person" includes a
person held in detention in a secure facility or committed as a
sexually violent person and held in a secure facility under the
Sexually Violent Persons Commitment Act; and "peace officer"

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means any officer or member of any duly organized State, county
or municipal police unit or police force.
(c) The Department shall establish procedures to provide
immediate notification of the escape of any person, as defined
in subsection (a) of this Section, to the persons specified in
subsection (c) of Section 3-14-1 of this Code.
(Source: P.A. 90-793, eff. 8-14-98; 91-695, eff. 4-13-00.)
(730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
Sec. 3-8-7. Disciplinary Procedures.)
(a) All disciplinary action shall be consistent with this
Chapter. Rules of behavior and conduct, the penalties for
violation thereof, and the disciplinary procedure by which such
penalties may be imposed shall be available to committed
persons.
(b) (1) Corporal punishment and disciplinary restrictions
on diet, medical or sanitary facilities, mail or access to
legal materials are prohibited.
(2) (Blank).
(3) (Blank).
(c) Review of disciplinary action imposed under this
Section shall be provided by means of the grievance procedure
under Section 3-8-8. The Department shall provide a disciplined
person with a review of his or her disciplinary action in a
timely manner as required by law.
(d) All institutions and facilities of the Department of

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Corrections Adult Division shall establish, subject to the
approval of the Director, procedures for hearing disciplinary
cases except those that may involve the imposition of
disciplinary segregation and isolation; the loss of good time
credit under Section 3-6-3 or eligibility to earn good time
credit.
(e) In disciplinary cases which may involve the imposition
of disciplinary segregation and isolation, the loss of good
time credit or eligibility to earn good time credit, the
Director shall establish disciplinary procedures consistent
with the following principles:
(1) Any person or persons who initiate a disciplinary
charge against a person shall not determine the disposition
of the charge. The Director may establish one or more
disciplinary boards to hear and determine charges.
(2) Any committed person charged with a violation of
Department rules of behavior shall be given notice of the
charge including a statement of the misconduct alleged and
of the rules this conduct is alleged to violate.
(3) Any person charged with a violation of rules is
entitled to a hearing on that charge at which time he shall
have an opportunity to appear before and address the person
or persons deciding the charge.
(4) The person or persons determining the disposition
of the charge may also summon to testify any witnesses or
other persons with relevant knowledge of the incident.

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(5) If the charge is sustained, the person charged is
entitled to a written statement of the decision by the
persons determining the disposition of the charge which
shall include the basis for the decision and the
disciplinary action, if any, to be imposed.
(6) (Blank).
(Source: P.A. 93-272, eff. 7-22-03.)
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
Sec. 3-10-7. Interdivisional Transfers.
(a) In any case where a minor was originally prosecuted
under the provisions of the Criminal Code of 1961, as amended,
and sentenced under the provisions of this Act pursuant to
Section 2-7 of the Juvenile Court Act or Section 5-805 of the
Juvenile Court Act of 1987 and committed to the Department of
Juvenile Justice under Section 5-8-6, the Department of
Juvenile Justice shall, within 30 days of the date that the
minor reaches the age of 17, send formal notification to the
sentencing court and the State's Attorney of the county from
which the minor was sentenced indicating the day upon which the
minor offender will achieve the age of 17. Within 90 days of
receipt of that notice, the sentencing court shall conduct a
hearing, pursuant to the provisions of subsection (c) of this
Section to determine whether or not the minor shall continue to
remain under the auspices of the Department of Juvenile Justice
or be transferred to the Adult Division of the Department of

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Corrections.
The minor shall be served with notice of the date of the
hearing, shall be present at the hearing, and has the right to
counsel at the hearing. The minor, with the consent of his or
her counsel or guardian may waive his presence at hearing.
(b) Unless sooner paroled under Section 3-3-3, the
confinement of a minor person committed for an indeterminate
sentence in a criminal proceeding shall terminate at the
expiration of the maximum term of imprisonment, and he shall
thereupon be released to serve a period of parole under Section
5-8-1, but if the maximum term of imprisonment does not expire
until after his 21st birthday, he shall continue to be subject
to the control and custody of the Department of Juvenile
Justice, and on his 21st birthday, he shall be transferred to
the Adult Division of the Department of Corrections. If such
person is on parole on his 21st birthday, his parole
supervision may be transferred to the Adult Division of the
Department of Corrections.
(c) Any interdivisional transfer hearing conducted
pursuant to subsection (a) of this Section shall consider all
available information which may bear upon the issue of
transfer. All evidence helpful to the court in determining the
question of transfer, including oral and written reports
containing hearsay, may be relied upon to the extent of its
probative value, even though not competent for the purposes of
an adjudicatory hearing. The court shall consider, along with

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any other relevant matter, the following:
1. The nature of the offense for which the minor was
found guilty and the length of the sentence the minor has
to serve and the record and previous history of the minor.
2. The record of the minor's adjustment within the
Department of Juvenile Justice, including, but not limited
to, reports from the minor's counselor, any escapes,
attempted escapes or violent or disruptive conduct on the
part of the minor, any tickets received by the minor,
summaries of classes attended by the minor, and any record
of work performed by the minor while in the institution.
3. The relative maturity of the minor based upon the
physical, psychological and emotional development of the
minor.
4. The record of the rehabilitative progress of the
minor and an assessment of the vocational potential of the
minor.
5. An assessment of the necessity for transfer of the
minor, including, but not limited to, the availability of
space within the Department of Corrections, the
disciplinary and security problem which the minor has
presented to the Department of Juvenile Justice and the
practicability of maintaining the minor in a juvenile
facility, whether resources have been exhausted within the
Department of Juvenile Justice, the availability of
rehabilitative and vocational programs within the

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Department of Corrections, and the anticipated ability of
the minor to adjust to confinement within an adult
institution based upon the minor's physical size and
maturity.
All relevant factors considered under this subsection need
not be resolved against the juvenile in order to justify such
transfer. Access to social records, probation reports or any
other reports which are considered by the court for the purpose
of transfer shall be made available to counsel for the juvenile
at least 30 days prior to the date of the transfer hearing. The
Sentencing Court, upon granting a transfer order, shall
accompany such order with a statement of reasons.
(d) Whenever the Director of Juvenile Justice or his
designee determines that the interests of safety, security and
discipline require the transfer to the Department of
Corrections of a person 17 years or older who was prosecuted
under the provisions of the Criminal Code of 1961, as amended,
and sentenced under the provisions of this Act pursuant to
Section 2-7 of the Juvenile Court Act or Section 5-805 of the
Juvenile Court Act of 1987 and committed to the Department of
Juvenile Justice under Section 5-8-6, the Director or his
designee may authorize the emergency transfer of such person,
unless the transfer of the person is governed by subsection (e)
of this Section. The sentencing court shall be provided notice
of any emergency transfer no later than 3 days after the
emergency transfer. Upon motion brought within 60 days of the

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emergency transfer by the sentencing court or any party, the
sentencing court may conduct a hearing pursuant to the
provisions of subsection (c) of this Section in order to
determine whether the person shall remain confined in the
Department of Corrections.
(e) The Director of Juvenile Justice or his designee may
authorize the permanent transfer to the Department of
Corrections of any person 18 years or older who was prosecuted
under the provisions of the Criminal Code of 1961, as amended,
and sentenced under the provisions of this Act pursuant to
Section 2-7 of the Juvenile Court Act or Section 5-805 of the
Juvenile Court Act of 1987 and committed to the Department of
Juvenile Justice under Section 5-8-6 of this Act. The Director
of Juvenile Justice or his designee shall be governed by the
following factors in determining whether to authorize the
permanent transfer of the person to the Department of
Corrections:
1. The nature of the offense for which the person was
found guilty and the length of the sentence the person has
to serve and the record and previous history of the person.
2. The record of the person's adjustment within the
Department of Juvenile Justice, including, but not limited
to, reports from the person's counselor, any escapes,
attempted escapes or violent or disruptive conduct on the
part of the person, any tickets received by the person,
summaries of classes attended by the person, and any record

SB2944 - 28 - LRB097 14649 RLC 59537 b
of work performed by the person while in the institution.
3. The relative maturity of the person based upon the
physical, psychological and emotional development of the
person.
4. The record of the rehabilitative progress of the
person and an assessment of the vocational potential of the
person.
5. An assessment of the necessity for transfer of the
person, including, but not limited to, the availability of
space within the Department of Corrections, the
disciplinary and security problem which the person has
presented to the Department of Juvenile Justice and the
practicability of maintaining the person in a juvenile
facility, whether resources have been exhausted within the
Department of Juvenile Justice, the availability of
rehabilitative and vocational programs within the
Department of Corrections, and the anticipated ability of
the person to adjust to confinement within an adult
institution based upon the person's physical size and
maturity.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4)
Sec. 3-13-4. Rules and Sanctions.) (a) The Department shall
establish rules governing release status and shall provide
written copies of such rules to both the committed person on

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work or day release and to the employer or other person
responsible for the individual. Such employer or other
responsible person shall agree to abide by such rules, notify
the Department of any violation thereof by the individual on
release status, and notify the Department of the discharge of
the person from work or other programs.
(b) If a committed person violates any rule, the Department
may impose sanctions appropriate to the violation. The
Department shall provide sanctions for unauthorized absences
which shall include prosecution for escape under Section 3-6-4.
(c) An order certified by the Director, Assistant Director
Adult Division, or the Supervisor of the Apprehension Unit, or
a person duly designated by him or her, with the seal of the
Department of Corrections attached and directed to all
sheriffs, coroners, police officers, or to any particular
persons named in the order shall be sufficient warrant for the
officer or person named therein to arrest and deliver the
violator to the proper correctional official. Such order shall
be executed the same as criminal processes.
In the event that a work-releasee is arrested for another
crime, the sheriff or police officer shall hold the releasee in
custody until he notifies the nearest Office of Field Services
or any of the above-named persons designated in this Section to
certify the particular process or warrant.
(d) Not less than 15 days prior to any person being placed
in a work release facility, the Department of Corrections shall

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provide to the State's Attorney and Sheriff of the county in
which the work release center is located, relevant identifying
information concerning the person to be placed in the work
release facility. Such information shall include, but not be
limited to, such identifying information as name, age, physical
description, photograph, the offense, and the sentence for
which the person is serving time in the Department of
Corrections, and like information. The Department of
Corrections shall, in addition, give written notice not less
than 15 days prior to the placement to the State's Attorney of
the county from which the offender was originally sentenced.
(Source: P.A. 83-346.)
Section 99. Effective date. This Act takes effect upon
becoming law.