Public Act 097-0802

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

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.

(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

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.

(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

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.

(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

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

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

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),

"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

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

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.)

(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

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.

(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

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

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;

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

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

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;

(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

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.