Bill Text: IL SB1158 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Repeals provision that committed persons shall be responsible to reimburse the Department of Corrections for the expenses incurred by their incarceration at a rate to be determined by the Department. Amends the Code of Civil Procedure to make conforming changes.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1158 Detail]

Download: Illinois-2019-SB1158-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1158 Introduced 2/5/2019, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-12-2 from Ch. 38, par. 1003-12-2
730 ILCS 5/3-12-5 from Ch. 38, par. 1003-12-5
730 ILCS 5/3-7-6 rep.
735 ILCS 5/4-101 from Ch. 110, par. 4-101
Amends the Unified Code of Corrections. Repeals provision that committed persons shall be responsible to reimburse the Department of Corrections for the expenses incurred by their incarceration at a rate to be determined by the Department. Amends the Code of Civil Procedure to make conforming changes.
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FISCAL NOTE ACT MAY APPLY
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 Sections 3-2-2, 3-12-2, and 3-12-5 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
Substance Abuse (now the Department of Human Services), the

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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
her gang affiliations, activities, or ranks.

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(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.
Upon receipt of the bids, the Department may certify

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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.
(d-10) To provide educational and visitation
opportunities to committed persons within its institutions

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through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons to
induce or reward compliance.
(e) To establish a system of supervision and guidance
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 Secretary
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

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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
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 and , 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.

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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
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. This
subsection shall not apply to persons committed to the
Department of Juvenile Justice under the Juvenile Court Act
of 1987 on aftercare release.
(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

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Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) (Blank).
(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 sentence 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
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

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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
(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

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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
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

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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
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

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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
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

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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 have an investment grade or higher rating
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 have an
investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the powers,
duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,

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powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.)
(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
Sec. 3-12-2. Types of employment.
(a) The Department shall provide inmate workers for
Illinois Correctional Industries to work in programs
established to train and employ committed persons in the
production of food stuffs and finished goods and any articles,
materials or supplies for resale to State agencies and
authorized purchasers. It may also employ committed persons on
public works, buildings and property, the conservation of
natural resources of the State, anti-pollution or
environmental control projects, or for other public purposes,
for the maintenance of the Department's buildings and
properties and for the production of food or other necessities
for its programs. The Department may establish, maintain and
employ committed persons in the production of vehicle
registration plates. A committed person's labor shall not be
sold, contracted or hired out by the Department except under
this Article.

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(b) Works of art, literature, handicraft or other items
produced by committed persons as an avocation and not as a
product of a work program of the Department may be sold to the
public under rules and regulations established by the
Department. The cost of selling such products may be deducted
from the proceeds, and the balance shall be credited to the
person's account under Section 3-4-3. The Department shall
notify the Attorney General of the existence of any proceeds
which it believes should be applied towards a satisfaction, in
whole or in part, of the person's incarceration costs.
(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
Sec. 3-12-5. Compensation. Persons performing a work
assignment under subsection (a) of Section 3-12-2 may receive
wages under rules and regulations of the Department. In
determining rates of compensation, the Department shall
consider the effort, skill and economic value of the work
performed. Compensation may be given to persons who participate
in other programs of the Department. Of the compensation earned
pursuant to this Section, a portion, as determined by the
Department, shall be used to offset the cost of the committed
person's incarceration. If the committed person files a lawsuit
determined frivolous under Article XXII of the Code of Civil
Procedure, 50% of the compensation shall be used to offset the
filing fees and costs of the lawsuit as provided in that

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Article until all fees and costs are paid in full. All other
wages shall be deposited in the individual's account under
rules and regulations of the Department. The Department shall
notify the Attorney General of any compensation applied towards
a satisfaction, in whole or in part, of the person's
incarceration costs.
(Source: P.A. 94-1017, eff. 7-7-06.)
(730 ILCS 5/3-7-6 rep.)
Section 10. The Unified Code of Corrections is amended by
repealing Section 3-7-6.
Section 15. The Code of Civil Procedure is amended by
changing Section 4-101 as follows:
(735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
Sec. 4-101. Cause. In any court having competent
jurisdiction, a creditor having a money claim, whether
liquidated or unliquidated, and whether sounding in contract or
tort, or based upon a statutory cause of action created by law
in favor of the People of the State of Illinois, or any agency
of the State, may have an attachment against the property of
his or her debtor, or that of any one or more of several
debtors, either at the time of commencement of the action or
thereafter, when the claim exceeds $20, in any one of the
following cases:

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1. Where the debtor is not a resident of this State.
2. When the debtor conceals himself or herself or
stands in defiance of an officer, so that process cannot be
served upon him or her.
3. Where the debtor has departed from this State with
the intention of having his or her effects removed from
this State.
4. Where the debtor is about to depart from this State
with the intention of having his or her effects removed
from this State.
5. Where the debtor is about to remove his or her
property from this State to the injury of such creditor.
6. Where the debtor has within 2 years preceding the
filing of the affidavit required, fraudulently conveyed or
assigned his or her effects, or a part thereof, so as to
hinder or delay his or her creditors.
7. Where the debtor has, within 2 years prior to the
filing of such affidavit, fraudulently concealed or
disposed of his or her property so as to hinder or delay
his or her creditors.
8. Where the debtor is about fraudulently to conceal,
assign, or otherwise dispose of his or her property or
effects, so as to hinder or delay his or her creditors.
9. Where the debt sued for was fraudulently contracted
on the part of the debtor. The statements of the debtor,
his or her agent or attorney, which constitute the fraud,

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shall have been reduced to writing, and his or her
signature attached thereto, by himself or herself, agent or
attorney.
10. When the debtor is a person convicted of first
degree murder, a Class X felony, or aggravated kidnapping,
or found not guilty by reason of insanity or guilty but
mentally ill of first degree murder, a Class X felony, or
aggravated kidnapping, against the creditor and that crime
makes the creditor a "victim" under the Criminal Victims'
Asset Discovery Act.
11. (Blank). When the debtor is referred by the
Department of Corrections to the Attorney General under
Section 3-7-6 of the Unified Code of Corrections to recover
the expenses incurred as a result of that debtor's cost of
incarceration.
(Source: P.A. 93-508, eff. 1-1-04.)