Bill Text: IL SB2844 | 2011-2012 | 97th General Assembly | Enrolled

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

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Bill Title: Amends the Unified Code of Corrections. Provides that when the Department of Corrections 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 or lets bids for contracts for food or commissary services to be provided to Department facilities, 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 (rather than rated AAA) by a bond rating organization. Changes the definition of an "indigent" committed person in relation to the exemption from the $5 co-payment for medical and dental services. Provides that the committed person who has $20 or less in his or her Inmate Trust Fund at the time of such services and (rather than or) for the 30 days prior to such services. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0802 [SB2844 Detail]

Download: Illinois-2011-SB2844-Enrolled.html

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SB2844 Enrolled LRB097 17589 RLC 62795 b
AN ACT concerning corrections.
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 and 3-6-2 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.
(e) To establish a system of supervision and guidance
of committed persons in the community.

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(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 Director
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
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

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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, 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.
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.

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(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.
(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
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) In a confidential annual report to the Governor,
the Department shall identify all inmate gangs by
specifying each current gang's name, population and allied
gangs. The Department shall further specify the number of
top leaders identified by the Department for each gang

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during the past year, and the measures taken by the
Department to segregate each leader from his or her gang
and allied gangs. The Department shall further report the
current status of leaders identified and segregated in
previous years. All leaders described in the report shall
be identified by inmate number or other designation to
enable tracking, auditing, and verification without
revealing the names of the leaders. Because this report
contains law enforcement intelligence information
collected by the Department, the report is confidential and
not subject to public disclosure.
(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 good conduct 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

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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
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

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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
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),

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"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
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

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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
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

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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
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
are rated AAA 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 are rated AAA by a bond
rating organization.
(Source: P.A. 96-1265, eff. 7-26-10.)

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(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
(d) The Department shall provide educational programs for

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all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an
associate, baccalaureate, or higher degree from a community
college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.

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(d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on the
person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving consent to
such treatment; the chief administrative officer may give
consent for such medical or surgical treatment, and such
consent shall be deemed to be the consent of the person for
all purposes, including, but not limited to, the authority

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of a physician to give such treatment.
(e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. The Department shall require the committed
person receiving medical or dental services on a non-emergency
basis to pay a $5 co-payment to the Department for each visit
for medical or dental services. The amount of each co-payment
shall be deducted from the committed person's individual
account. A committed person who has a chronic illness, as
defined by Department rules and regulations, shall be exempt
from the $5 co-payment for treatment of the chronic illness. A
committed person shall not be subject to a $5 co-payment for
follow-up visits ordered by a physician, who is employed by, or
contracts with, the Department. A committed person who is
indigent is exempt from the $5 co-payment and is entitled to
receive medical or dental services on the same basis as a
committed person who is financially able to afford the

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co-payment. For purposes of this Section only, "indigent" means
a committed person who has $20 or less in his or her Inmate
Trust Fund at the time of such services and or for the 30 days
prior to such services. Notwithstanding any other provision in
this subsection (f) to the contrary, any person committed to
any facility operated by the Department of Juvenile Justice, as
set forth in Section 3-2.5-15 of this Code, is exempt from the
co-payment requirement for the duration of confinement in those
facilities.
(g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and
Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
separately or together, preceding the inmate's release;

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and
(6) a prerelease reunification staffing involving the
family advocate, the inmate and the child's counselor, or
both and the inmate.
(i) (Blank). a test approved by the Illinois Department of
Public Health to determine the presence of HIV infection, based
upon recommendations of United States Centers for Disease
Control and Prevention a reliable supplemental based upon
recommendations of the United States Centers for Disease
Control and Prevention information
(j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive
a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and
guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
(k) Any minor committed to the Department of Juvenile
Justice for a sex offense as defined by the Sex Offender
Management Board Act shall be required to undergo sex offender
treatment by a treatment provider approved by the Board and
conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with

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appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The Department
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department must also offer the committed person the option of
testing for infection with human immunodeficiency virus (HIV),
with no copayment for the test. Pre-test information shall be
provided to the committed person and informed consent obtained
as required in subsection (d) of Section 3 and Section 5 of the
AIDS Confidentiality Act. The Department may conduct opt-out
HIV testing as defined in Section 4 of the AIDS Confidentiality
Act. If the Department conducts opt-out HIV testing, the
Department shall place signs in English, Spanish and other
languages as needed in multiple, highly visible locations in
the area where HIV testing is conducted informing inmates that
they will be tested for HIV unless they refuse, and refusal or
acceptance of testing shall be documented in the inmate's
medical record. The Department shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
testing must be conducted by medical personnel, but pre-test
and other information may be provided by committed persons who
have received appropriate training. The Department, in
conjunction with the Department of Public Health, shall develop
a plan that complies with the AIDS Confidentiality Act to
deliver confidentially all positive or negative HIV test

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results to inmates or former inmates. Nothing in this Section
shall require the Department to offer HIV testing to an inmate
who is known to be infected with HIV, or who has been tested
for HIV within the previous 180 days and whose documented HIV
test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a
timely manner shall offer the inmate transitional case
management, including referrals to other support services.
(m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for addiction recovery services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
(1) the addiction recovery service contacts the chief
administrative officer to arrange the meeting;

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(2) the committed person may attend the meeting for
addiction recovery services only if the committed person
uses pre-existing free time already available to the
committed person;
(3) all disciplinary and other rules of the institution
or facility remain in effect;
(4) the committed person is not given any additional
privileges to attend addiction recovery services;
(5) if the addiction recovery service does not arrange
for scheduling a meeting for that week, no addiction
recovery services shall be provided to the committed person
in the institution or facility for that week;
(6) the number of committed persons who may attend an
addiction recovery meeting shall not exceed 40 during any
session held at the correctional institution or facility;
(7) a volunteer seeking to provide addiction recovery
services under this subsection (m) must submit an
application to the Department of Corrections under
existing Department rules and the Department must review
the application within 60 days after submission of the
application to the Department; and
(8) each institution and facility of the Department
shall manage the addiction recovery services program
according to its own processes and procedures.
For the purposes of this subsection (m), "addiction
recovery services" means recovery services for alcoholics and

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addicts provided by volunteers of recovery support services
recognized by the Department of Human Services.
(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
eff. 8-12-11; 97-562, eff. 1-1-12; revised 9-14-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.