HB5006 Enrolled LRB096 15767 RLC 31007 b
1		AN ACT concerning corrections.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Unified Code of Corrections is amended by
5		changing Section 3-2-2 as follows:
6		(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
7		Sec. 3-2-2. Powers and Duties of the Department.
8		(1) In addition to the powers, duties and responsibilities
9		which are otherwise provided by law, the Department shall have
10		the following powers:
11		(a) To accept persons committed to it by the courts of
12		this State for care, custody, treatment and
13		rehabilitation, and to accept federal prisoners and aliens
14		over whom the Office of the Federal Detention Trustee is
15		authorized to exercise the federal detention function for
16		limited purposes and periods of time.
17		(b) To develop and maintain reception and evaluation
18		units for purposes of analyzing the custody and
19		rehabilitation needs of persons committed to it and to
20		assign such persons to institutions and programs under its
21		control or transfer them to other appropriate agencies. In
22		consultation with the Department of Alcoholism and
23		Substance Abuse (now the Department of Human Services), the

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1		Department of Corrections shall develop a master plan for
2		the screening and evaluation of persons committed to its
3		custody who have alcohol or drug abuse problems, and for
4		making appropriate treatment available to such persons;
5		the Department shall report to the General Assembly on such
6		plan not later than April 1, 1987. The maintenance and
7		implementation of such plan shall be contingent upon the
8		availability of funds.
9		(b-1) To create and implement, on January 1, 2002, a
10		pilot program to establish the effectiveness of
11		pupillometer technology (the measurement of the pupil's
12		reaction to light) as an alternative to a urine test for
13		purposes of screening and evaluating persons committed to
14		its custody who have alcohol or drug problems. The pilot
15		program shall require the pupillometer technology to be
16		used in at least one Department of Corrections facility.
17		The Director may expand the pilot program to include an
18		additional facility or facilities as he or she deems
19		appropriate. A minimum of 4,000 tests shall be included in
20		the pilot program. The Department must report to the
21		General Assembly on the effectiveness of the program by
22		January 1, 2003.
23		(b-5) To develop, in consultation with the Department
24		of State Police, a program for tracking and evaluating each
25		inmate from commitment through release for recording his or
26		her gang affiliations, activities, or ranks.

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1		(c) To maintain and administer all State correctional
2		institutions and facilities under its control and to
3		establish new ones as needed. Pursuant to its power to
4		establish new institutions and facilities, the Department
5		may, with the written approval of the Governor, authorize
6		the Department of Central Management Services to enter into
7		an agreement of the type described in subsection (d) of
8		Section 405-300 of the Department of Central Management
9		Services Law (20 ILCS 405/405-300). The Department shall
10		designate those institutions which shall constitute the
11		State Penitentiary System.
12		Pursuant to its power to establish new institutions and
13		facilities, the Department may authorize the Department of
14		Central Management Services to accept bids from counties
15		and municipalities for the construction, remodeling or
16		conversion of a structure to be leased to the Department of
17		Corrections for the purposes of its serving as a
18		correctional institution or facility. Such construction,
19		remodeling or conversion may be financed with revenue bonds
20		issued pursuant to the Industrial Building Revenue Bond Act
21		by the municipality or county. The lease specified in a bid
22		shall be for a term of not less than the time needed to
23		retire any revenue bonds used to finance the project, but
24		not to exceed 40 years. The lease may grant to the State
25		the option to purchase the structure outright.
26		Upon receipt of the bids, the Department may certify

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1		one or more of the bids and shall submit any such bids to
2		the General Assembly for approval. Upon approval of a bid
3		by a constitutional majority of both houses of the General
4		Assembly, pursuant to joint resolution, the Department of
5		Central Management Services may enter into an agreement
6		with the county or municipality pursuant to such bid.
7		(c-5) To build and maintain regional juvenile
8		detention centers and to charge a per diem to the counties
9		as established by the Department to defray the costs of
10		housing each minor in a center. In this subsection (c-5),
11		"juvenile detention center" means a facility to house
12		minors during pendency of trial who have been transferred
13		from proceedings under the Juvenile Court Act of 1987 to
14		prosecutions under the criminal laws of this State in
15		accordance with Section 5-805 of the Juvenile Court Act of
16		1987, whether the transfer was by operation of law or
17		permissive under that Section. The Department shall
18		designate the counties to be served by each regional
19		juvenile detention center.
20		(d) To develop and maintain programs of control,
21		rehabilitation and employment of committed persons within
22		its institutions.
23		(d-5) To provide a pre-release job preparation program
24		for inmates at Illinois adult correctional centers.
25		(e) To establish a system of supervision and guidance
26		of committed persons in the community.

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1		(f) To establish in cooperation with the Department of
2		Transportation to supply a sufficient number of prisoners
3		for use by the Department of Transportation to clean up the
4		trash and garbage along State, county, township, or
5		municipal highways as designated by the Department of
6		Transportation. The Department of Corrections, at the
7		request of the Department of Transportation, shall furnish
8		such prisoners at least annually for a period to be agreed
9		upon between the Director of Corrections and the Director
10		of Transportation. The prisoners used on this program shall
11		be selected by the Director of Corrections on whatever
12		basis he deems proper in consideration of their term,
13		behavior and earned eligibility to participate in such
14		program - where they will be outside of the prison facility
15		but still in the custody of the Department of Corrections.
16		Prisoners convicted of first degree murder, or a Class X
17		felony, or armed violence, or aggravated kidnapping, or
18		criminal sexual assault, aggravated criminal sexual abuse
19		or a subsequent conviction for criminal sexual abuse, or
20		forcible detention, or arson, or a prisoner adjudged a
21		Habitual Criminal shall not be eligible for selection to
22		participate in such program. The prisoners shall remain as
23		prisoners in the custody of the Department of Corrections
24		and such Department shall furnish whatever security is
25		necessary. The Department of Transportation shall furnish
26		trucks and equipment for the highway cleanup program and

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1		personnel to supervise and direct the program. Neither the
2		Department of Corrections nor the Department of
3		Transportation shall replace any regular employee with a
4		prisoner.
5		(g) To maintain records of persons committed to it and
6		to establish programs of research, statistics and
7		planning.
8		(h) To investigate the grievances of any person
9		committed to the Department, to inquire into any alleged
10		misconduct by employees or committed persons, and to
11		investigate the assets of committed persons to implement
12		Section 3-7-6 of this Code; and for these purposes it may
13		issue subpoenas and compel the attendance of witnesses and
14		the production of writings and papers, and may examine
15		under oath any witnesses who may appear before it; to also
16		investigate alleged violations of a parolee's or
17		releasee's conditions of parole or release; and for this
18		purpose it may issue subpoenas and compel the attendance of
19		witnesses and the production of documents only if there is
20		reason to believe that such procedures would provide
21		evidence that such violations have occurred.
22		If any person fails to obey a subpoena issued under
23		this subsection, the Director may apply to any circuit
24		court to secure compliance with the subpoena. The failure
25		to comply with the order of the court issued in response
26		thereto shall be punishable as contempt of court.

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1		(i) To appoint and remove the chief administrative
2		officers, and administer programs of training and
3		development of personnel of the Department. Personnel
4		assigned by the Department to be responsible for the
5		custody and control of committed persons or to investigate
6		the alleged misconduct of committed persons or employees or
7		alleged violations of a parolee's or releasee's conditions
8		of parole shall be conservators of the peace for those
9		purposes, and shall have the full power of peace officers
10		outside of the facilities of the Department in the
11		protection, arrest, retaking and reconfining of committed
12		persons or where the exercise of such power is necessary to
13		the investigation of such misconduct or violations.
14		(j) To cooperate with other departments and agencies
15		and with local communities for the development of standards
16		and programs for better correctional services in this
17		State.
18		(k) To administer all moneys and properties of the
19		Department.
20		(l) To report annually to the Governor on the committed
21		persons, institutions and programs of the Department.
22		(l-5) In a confidential annual report to the Governor,
23		the Department shall identify all inmate gangs by
24		specifying each current gang's name, population and allied
25		gangs. The Department shall further specify the number of
26		top leaders identified by the Department for each gang

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1		during the past year, and the measures taken by the
2		Department to segregate each leader from his or her gang
3		and allied gangs. The Department shall further report the
4		current status of leaders identified and segregated in
5		previous years. All leaders described in the report shall
6		be identified by inmate number or other designation to
7		enable tracking, auditing, and verification without
8		revealing the names of the leaders. Because this report
9		contains law enforcement intelligence information
10		collected by the Department, the report is confidential and
11		not subject to public disclosure.
12		(m) To make all rules and regulations and exercise all
13		powers and duties vested by law in the Department.
14		(n) To establish rules and regulations for
15		administering a system of good conduct credits,
16		established in accordance with Section 3-6-3, subject to
17		review by the Prisoner Review Board.
18		(o) To administer the distribution of funds from the
19		State Treasury to reimburse counties where State penal
20		institutions are located for the payment of assistant
21		state's attorneys' salaries under Section 4-2001 of the
22		Counties Code.
23		(p) To exchange information with the Department of
24		Human Services and the Department of Healthcare and Family
25		Services for the purpose of verifying living arrangements
26		and for other purposes directly connected with the

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1		administration of this Code and the Illinois Public Aid
2		Code.
3		(q) To establish a diversion program.
4		The program shall provide a structured environment for
5		selected technical parole or mandatory supervised release
6		violators and committed persons who have violated the rules
7		governing their conduct while in work release. This program
8		shall not apply to those persons who have committed a new
9		offense while serving on parole or mandatory supervised
10		release or while committed to work release.
11		Elements of the program shall include, but shall not be
12		limited to, the following:
13		(1) The staff of a diversion facility shall provide
14		supervision in accordance with required objectives set
15		by the facility.
16		(2) Participants shall be required to maintain
17		employment.
18		(3) Each participant shall pay for room and board
19		at the facility on a sliding-scale basis according to
20		the participant's income.
21		(4) Each participant shall:
22		(A) provide restitution to victims in
23		accordance with any court order;
24		(B) provide financial support to his
25		dependents; and
26		(C) make appropriate payments toward any other

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1		court-ordered obligations.
2		(5) Each participant shall complete community
3		service in addition to employment.
4		(6) Participants shall take part in such
5		counseling, educational and other programs as the
6		Department may deem appropriate.
7		(7) Participants shall submit to drug and alcohol
8		screening.
9		(8) The Department shall promulgate rules
10		governing the administration of the program.
11		(r) To enter into intergovernmental cooperation
12		agreements under which persons in the custody of the
13		Department may participate in a county impact
14		incarceration program established under Section 3-6038 or
15		3-15003.5 of the Counties Code.
16		(r-5) (Blank).
17		(r-10) To systematically and routinely identify with
18		respect to each streetgang active within the correctional
19		system: (1) each active gang; (2) every existing inter-gang
20		affiliation or alliance; and (3) the current leaders in
21		each gang. The Department shall promptly segregate leaders
22		from inmates who belong to their gangs and allied gangs.
23		"Segregate" means no physical contact and, to the extent
24		possible under the conditions and space available at the
25		correctional facility, prohibition of visual and sound
26		communication. For the purposes of this paragraph (r-10),

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1		"leaders" means persons who:
2		(i) are members of a criminal streetgang;
3		(ii) with respect to other individuals within the
4		streetgang, occupy a position of organizer,
5		supervisor, or other position of management or
6		leadership; and
7		(iii) are actively and personally engaged in
8		directing, ordering, authorizing, or requesting
9		commission of criminal acts by others, which are
10		punishable as a felony, in furtherance of streetgang
11		related activity both within and outside of the
12		Department of Corrections.
13		"Streetgang", "gang", and "streetgang related" have the
14		meanings ascribed to them in Section 10 of the Illinois
15		Streetgang Terrorism Omnibus Prevention Act.
16		(s) To operate a super-maximum security institution,
17		in order to manage and supervise inmates who are disruptive
18		or dangerous and provide for the safety and security of the
19		staff and the other inmates.
20		(t) To monitor any unprivileged conversation or any
21		unprivileged communication, whether in person or by mail,
22		telephone, or other means, between an inmate who, before
23		commitment to the Department, was a member of an organized
24		gang and any other person without the need to show cause or
25		satisfy any other requirement of law before beginning the
26		monitoring, except as constitutionally required. The

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1		monitoring may be by video, voice, or other method of
2		recording or by any other means. As used in this
3		subdivision (1)(t), "organized gang" has the meaning
4		ascribed to it in Section 10 of the Illinois Streetgang
5		Terrorism Omnibus Prevention Act.
6		As used in this subdivision (1)(t), "unprivileged
7		conversation" or "unprivileged communication" means a
8		conversation or communication that is not protected by any
9		privilege recognized by law or by decision, rule, or order
10		of the Illinois Supreme Court.
11		(u) To establish a Women's and Children's Pre-release
12		Community Supervision Program for the purpose of providing
13		housing and services to eligible female inmates, as
14		determined by the Department, and their newborn and young
15		children.
16		(u-5) To issue an order, whenever a person committed to
17		the Department absconds or absents himself or herself,
18		without authority to do so, from any facility or program to
19		which he or she is assigned. The order shall be certified
20		by the Director, the Supervisor of the Apprehension Unit,
21		or any person duly designated by the Director, with the
22		seal of the Department affixed. The order shall be directed
23		to all sheriffs, coroners, and police officers, or to any
24		particular person named in the order. Any order issued
25		pursuant to this subdivision (1) (u-5) shall be sufficient
26		warrant for the officer or person named in the order to

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1		arrest and deliver the committed person to the proper
2		correctional officials and shall be executed the same as
3		criminal process.
4		(v) To do all other acts necessary to carry out the
5		provisions of this Chapter.
6		(2) The Department of Corrections shall by January 1, 1998,
7		consider building and operating a correctional facility within
8		100 miles of a county of over 2,000,000 inhabitants, especially
9		a facility designed to house juvenile participants in the
10		impact incarceration program.
11		(3) When the Department lets bids for contracts for medical
12		services to be provided to persons committed to Department
13		facilities by a health maintenance organization, medical
14		service corporation, or other health care provider, the bid may
15		only be let to a health care provider that has obtained an
16		irrevocable letter of credit or performance bond issued by a
17		company whose bonds are rated AAA by a bond rating
18		organization.
19		(4) When the Department lets bids for contracts for food or
20		commissary services to be provided to Department facilities,
21		the bid may only be let to a food or commissary services
22		provider that has obtained an irrevocable letter of credit or
23		performance bond issued by a company whose bonds are rated AAA
24		by a bond rating organization.
25		(Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06;
26		94-1067, eff. 8-1-06.)

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1		Section 99. Effective date. This Act takes effect upon
2		becoming law.