Bill Text: IL HB0409 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning standards and assistance to local jails and detention and shelter care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0409 Detail]

Download: Illinois-2019-HB0409-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0409 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-15-2 from Ch. 38, par. 1003-15-2
Amends the Unified Code of Corrections. Makes a technical change in a Section concerning standards and assistance to local jails and detention and shelter care facilities.
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A BILL FOR
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AN ACT concerning criminal law.
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 Section 3-15-2 as follows:
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and
Detention and Shelter Care Facilities.
(a) The The Department of Corrections shall establish for
the operation of county and municipal jails and houses of
correction, minimum standards for the physical condition of
such institutions and for the treatment of inmates with respect
to their health and safety and the security of the community.
The Department of Juvenile Justice shall establish for the
operation of county juvenile detention and shelter care
facilities established pursuant to the County Shelter Care and
Detention Home Act, minimum standards for the physical
condition of such institutions and for the treatment of
juveniles with respect to their health and safety and the
security of the community.
Such standards shall not apply to county shelter care
facilities which were in operation prior to January 1, 1980.
Such standards shall not seek to mandate minimum floor space

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requirements for each inmate housed in cells and detention
rooms in county and municipal jails and houses of correction.
However, no more than two inmates may be housed in a single
cell or detention room.
When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(b) At least once each year, the Department of Corrections
may inspect each adult facility for compliance with the
standards established and the results of such inspection shall
be made available by the Department for public inspection. At
least once each year, the Department of Juvenile Justice shall
inspect each county juvenile detention and shelter care
facility for compliance with the standards established, and the
Department of Juvenile Justice shall make the results of such
inspections available for public inspection. If any detention,
shelter care or correctional facility does not comply with the
standards established, the Director of Corrections or the
Director of Juvenile Justice, as the case may be, shall give

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notice to the county board and the sheriff or the corporate
authorities of the municipality, as the case may be, of such
noncompliance, specifying the particular standards that have
not been met by such facility. If the facility is not in
compliance with such standards when six months have elapsed
from the giving of such notice, the Director of Corrections or
the Director of Juvenile Justice, as the case may be, may
petition the appropriate court for an order requiring such
facility to comply with the standards established by the
Department or for other appropriate relief.
(c) The Department of Corrections may provide consultation
services for the design, construction, programs and
administration of correctional facilities and services for
adults operated by counties and municipalities and may make
studies and surveys of the programs and the administration of
such facilities. Personnel of the Department shall be admitted
to these facilities as required for such purposes. The
Department may develop and administer programs of
grants-in-aid for correctional services in cooperation with
local agencies. The Department may provide courses of training
for the personnel of such institutions and conduct pilot
projects in the institutions.
(c-5) The Department of Juvenile Justice may provide
consultation services for the design, construction, programs,
and administration of detention and shelter care services for
children operated by counties and municipalities and may make

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studies and surveys of the programs and the administration of
such facilities. Personnel of the Department of Juvenile
Justice shall be admitted to these facilities as required for
such purposes. The Department of Juvenile Justice may develop
and administer programs of grants-in-aid for juvenile
correctional services in cooperation with local agencies. The
Department of Juvenile Justice may provide courses of training
for the personnel of such institutions and conduct pilot
projects in the institutions.
(d) The Department is authorized to issue reimbursement
grants for counties, municipalities or public building
commissions for the purpose of meeting minimum correctional
facilities standards set by the Department under this Section.
Grants may be issued only for projects that were completed
after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities shall
not exceed 90% of the project costs or $7,000,000,
whichever is less.
(2) Grants for correctional facilities by a single
county, municipality or public building commission shall
not exceed 75% of the proposed project costs or $4,000,000,
whichever is less.
(3) As used in this subsection (d), "project" means
only that part of a facility that is constructed for jail,
correctional or detention purposes and does not include
other areas of multi-purpose buildings.

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Construction or renovation grants are authorized to be
issued by the Capital Development Board from capital
development bond funds after application by a county or
counties, municipality or municipalities or public building
commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated after
January 1, 1987.
(e) The Department of Corrections shall adopt standards for
county jails to hold juveniles on a temporary basis, as
provided in Section 5-410 of the Juvenile Court Act of 1987.
These standards shall include monitoring, educational,
recreational, and disciplinary standards as well as access to
medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and
visitation rights. The Department of Corrections shall also
notify any county applying to hold juveniles in a county jail
of the standards for juvenile detention under Section 5-410 of
the Juvenile Court Act of 1987.
(Source: P.A. 98-685, eff. 1-1-15.)