Bill Text: IL SB1036 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the offense of pandering.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1036 Detail]
Download: Illinois-2011-SB1036-Amended.html
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1 | AMENDMENT TO SENATE BILL 1036
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2 | AMENDMENT NO. ______. Amend Senate Bill 1036 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | adding Article 20 to Chapter III as follows:
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6 | (730 ILCS 5/Ch. III Art. 20 heading new) | ||||||
7 | ARTICLE 20. INTEGRATED CORRECTIONAL RE-ENTRY PILOT PROGRAM | ||||||
8 | (730 ILCS 5/3-20-5 new) | ||||||
9 | Sec. 3-20-5. Integrated Correctional Re-entry Pilot | ||||||
10 | Program. | ||||||
11 | (a) The General Assembly finds that an Integrated | ||||||
12 | Correctional Re-entry Pilot Program would reduce
the
costs
of
| ||||||
13 | incarceration
and
recidivism
in
this
State. | ||||||
14 | (b) The
Illinois Department of Corrections
shall
establish
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15 | a
2-year
Integrated Correctional Re-entry Pilot Program
for |
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1 | eligible offenders. | ||||||
2 | (c) In order for an offender to be eligible for the | ||||||
3 | program: | ||||||
4 | (1) the person shall have a professional diagnostic | ||||||
5 | assessment that has
determined that the person is drug or | ||||||
6 | alcohol dependent and would benefit
from treatment; | ||||||
7 | (2) the person is a drug or alcohol dependent person | ||||||
8 | within the meaning of
the Alcoholism and Other Drug Abuse | ||||||
9 | and Dependency Act or was drug or alcohol dependent at
the | ||||||
10 | time of the commission of the present offense; | ||||||
11 | (3) the present offense was committed while the person | ||||||
12 | was under the
influence of a controlled substance or | ||||||
13 | alcohol or was committed to acquire property or moneys in | ||||||
14 | order to
support the person's drug or alcohol dependency; | ||||||
15 | (4) substance abuse treatment and monitoring will | ||||||
16 | serve to benefit the person
by addressing the drug or | ||||||
17 | alcohol dependency and will thereby reduce the
likelihood | ||||||
18 | that the person will commit another offense; | ||||||
19 | (5) the person has not been previously convicted of, or | ||||||
20 | adjudicated delinquent
for, arson or a related offense | ||||||
21 | pursuant to Article 20 of the Criminal Code of 1961, or a | ||||||
22 | similar crime under the laws of any other state or the
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23 | United States; | ||||||
24 | (6) the person has not been previously convicted of, or | ||||||
25 | adjudicated delinquent
for, the commission of a sex offense | ||||||
26 | as defined in Article 11 of the Criminal Code of 1961 or a |
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1 | similar crime under the laws of any other
state or the | ||||||
2 | United States; | ||||||
3 | (7) the length of the person's aggregate sentence for | ||||||
4 | the present offense was at
least 36 months; | ||||||
5 | (8) the person meets eligibility criteria established | ||||||
6 | pursuant to Department of
Corrections rules for release to | ||||||
7 | residential community programs
except that a person shall | ||||||
8 | be eligible 6 months prior to parole or mandatory
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9 | supervised release (MSR); | ||||||
10 | (9) the person shall be currently participating in an | ||||||
11 | institutional substance
abuse treatment program in an | ||||||
12 | Illinois Department of Corrections facility;
and | ||||||
13 | (10) any person who meets the eligibility criteria | ||||||
14 | outlined in paragraphs (1)
through (9) of this subsection | ||||||
15 | (c) shall be eligible for admission into the
program. Any | ||||||
16 | inmate incarcerated on the effective date of this | ||||||
17 | amendatory Act of the 97th General Assembly shall
also be | ||||||
18 | eligible for the program if the eligibility requirements | ||||||
19 | specified in
paragraphs (1)
through (9) of this subsection | ||||||
20 | (c) are met. | ||||||
21 | (d) An offender
eligible
for
the
Integrated Correctional | ||||||
22 | Re-entry Pilot Program
shall be
transitioned
to
the
Integrated | ||||||
23 | Correctional Re-entry Pilot Program for
continued
care
and
| ||||||
24 | transitional or re-entry
services
for
the
final
6
months
of
the
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25 | incarceration
portion
of
his or her
sentence. | ||||||
26 | (e) An offender
transitioned
to
the
Integrated |
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1 | Correctional Re-entry Pilot Program
must
reside
in
his or her
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2 | own
approved
residence
or
approved
transitional
housing,
but
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3 | shall
attend
on-site
programming
at
the
Integrated | ||||||
4 | Correctional Re-entry Pilot Program facility
for
8 to 12
hours
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5 | a
day.
An
offender
in
the
Integrated Correctional Re-entry | ||||||
6 | Pilot Program
shall
be
placed
on
electronic
monitoring
with an | ||||||
7 | approved electronic monitoring device as defined in Section | ||||||
8 | 5-8A-2 of this Code for
the
first
60 to 90
days
of
his or her
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9 | participation
in
the
Program.
An offender's
movements
shall
be
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10 | restricted
to
his or her
residence,
the
Integrated Correctional | ||||||
11 | Re-entry Pilot Program
facility,
and
work or education
sites
as
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12 | the offender
progresses
through
the
Program.
If an offender | ||||||
13 | violates the movement restrictions imposed by this Section, the | ||||||
14 | offender's parole
agent shall be immediately notified and the | ||||||
15 | Department of Corrections shall impose punishment upon the | ||||||
16 | offender
up
to
and
including
revocation
of
electronic
| ||||||
17 | monitoring
status
and
return
to
incarceration
in
an
Illinois | ||||||
18 | Department of Corrections
facility. | ||||||
19 | (f) The Program shall be an integrated Service Delivery | ||||||
20 | model provided by a single
qualified vendor, and shall include, | ||||||
21 | at a minimum the following components: | ||||||
22 | (1) Substance Abuse and Co-Occurring Disorder | ||||||
23 | treatment. Participation in the Program must begin with | ||||||
24 | intensive treatment provided by certified substance
abuse | ||||||
25 | counselors or licensed mental health professionals. Upon | ||||||
26 | entry into
the Program an offender shall undergo a |
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1 | comprehensive battery of substance
abuse and mental health | ||||||
2 | assessments to determine treatment needs. Based on
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3 | assessed risks and needs individualized goals and | ||||||
4 | objectives must be
developed for each participant. | ||||||
5 | Treatment programming must include
substance abuse | ||||||
6 | counseling groups, cognitive restructuring interventions,
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7 | anger management groups, co-occurring disorder groups, | ||||||
8 | individual therapy,
and medication-assisted treatment, as | ||||||
9 | indicated. Program compliance must be
monitored through | ||||||
10 | regular urinalysis drug testing. The intensive treatment
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11 | phase shall last a minimum of 90-days, and will be followed | ||||||
12 | by a less
intensive "step-down" treatment phase for the | ||||||
13 | minimum of an additional 90
days, designed to prepare | ||||||
14 | offenders for self-sufficiency in the community
through | ||||||
15 | continued outpatient and aftercare treatment, life skills | ||||||
16 | training, and
employment readiness training. | ||||||
17 | (2) Re-entry Case Management. Re-entry case managers | ||||||
18 | shall coordinate
comprehensive re-entry support services | ||||||
19 | tailored to the needs of each offender
and shall coordinate | ||||||
20 | the treatment team in the provision of these services. | ||||||
21 | (3) Medication Assisted Treatment. The offender, when | ||||||
22 | indicated, shall be
administered once-monthly, | ||||||
23 | non-addictive, FDA-approved medication for the
treatment | ||||||
24 | of alcohol dependence and the prevention of relapse to | ||||||
25 | opioid
dependence following detoxification. | ||||||
26 | (g) A single treatment provider shall be selected to |
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1 | provide the Pilot Program through a
Request for Qualifications | ||||||
2 | (RFQ) process. A Request for Qualifications form of
procurement | ||||||
3 | shall allow the Department of Corrections to select the vendor | ||||||
4 | to implement
the Pilot of this Program, without the demands of | ||||||
5 | prescribing the Program in a form
solicitation procurement | ||||||
6 | document. This is required so that a qualified provider can
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7 | assist the Illinois Department of Corrections with the planning | ||||||
8 | and implementation
process for the Program during the start-up | ||||||
9 | period authorized by this Code. The RFQ
selection shall require | ||||||
10 | that the Illinois Department of Corrections select a vendor for | ||||||
11 | the program that shall: | ||||||
12 | (1) have significant experience providing alcohol and | ||||||
13 | drug abuse treatment, and
co-occurring mental health | ||||||
14 | treatment to offenders sentenced to the
Department of | ||||||
15 | Corrections, both on an in-custody basis and in community
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16 | corrections settings; | ||||||
17 | (2) have a record of providing high quality | ||||||
18 | evidence-based substance abuse and
alcohol treatment at | ||||||
19 | the community level in Illinois; | ||||||
20 | (3) possess deep knowledge and familiarity with the | ||||||
21 | communities on Chicago's
west side; and | ||||||
22 | (4) have experience using once-monthly, non-addictive, | ||||||
23 | FDA-approved
medication to treat alcohol and drug abuse. | ||||||
24 | (h) The
Integrated Correctional Re-entry Pilot Program | ||||||
25 | shall
be
based
in
a
facility
designed
to
serve
communities
on
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26 | the
west
side
of
Chicago. |
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1 | (i) The
Department
of
Corrections
shall
operate
the
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2 | Integrated Correctional Re-entry Pilot Program
for
no
less
than
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3 | 2
years
plus
a
6-month
start-up
phase,
beginning
on
the
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4 | effective
date
of
this amendatory Act of the 97th General | ||||||
5 | Assembly.
The
Department
of
Corrections
shall
monitor
and
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6 | evaluate
the
impact
of
the
Integrated Correctional Re-entry | ||||||
7 | Pilot Program
during
its
implementation,
including
cost | ||||||
8 | efficiency
and
the effect
of
the
Program
on
recidivism,
and
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9 | establish
a
3-year
follow
up
evaluation
and
outcome
assessment
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10 | for
all
participants
in
the
Program.
The
Department
of
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11 | Corrections
shall
include
the
results
of
the
evaluation
in
a
| ||||||
12 | report
that
it
must
use
to
assess
the
potential
long-term
| ||||||
13 | implementation
and
expansion
of
the
Integrated Correctional | ||||||
14 | Re-entry Pilot Program
in
Illinois. | ||||||
15 | (j) Upon completion of the evaluation of the pilot phase, | ||||||
16 | per subsection (i) of this Section, if the
Program is found to | ||||||
17 | successfully reduce recidivism and incarceration costs for the | ||||||
18 | target
population, the Department of Corrections shall | ||||||
19 | replicate the Program in additional
geographic areas of the | ||||||
20 | State. The expansion shall be accomplished through a | ||||||
21 | competitive
bid process, with preference given to entities with | ||||||
22 | experience in the provision of
integrated services similar to | ||||||
23 | those provided in the Program's design.
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
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