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| Public Act 101-0235
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| HB0900 Enrolled | LRB101 07181 SLF 52219 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-2-2, 3-12-2, and 3-12-5 as follows:
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(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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Sec. 3-2-2. Powers and duties of the Department.
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(1) In addition to the powers, duties, and responsibilities |
which are
otherwise provided by law, the Department shall have |
the following powers:
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(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.
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(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
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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.
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(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
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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
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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
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General Assembly on the
effectiveness of the program by |
January 1, 2003.
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(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
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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
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designate those institutions which
shall constitute the |
State Penitentiary System.
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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
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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.
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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.
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(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),
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"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
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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.
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(d) To develop and maintain programs of control, |
rehabilitation and
employment of committed persons within |
its institutions.
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(d-5) To provide a pre-release job preparation program |
for inmates at Illinois adult correctional centers.
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(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.
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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
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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
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Department of Corrections nor the Department of |
Transportation shall replace
any regular employee with a |
prisoner.
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(g) To maintain records of persons committed to it and |
to establish
programs of research, statistics and |
planning.
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(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
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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.
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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
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assigned by the Department to be responsible for the
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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.
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(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.
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(k) To administer all moneys and properties of the |
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Department.
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(l) To report annually to the Governor on the committed
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persons, institutions and programs of the Department.
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(l-5) (Blank).
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(m) To make all rules and regulations and exercise all |
powers and duties
vested by law in the Department.
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(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.
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(o) To administer the distribution of funds
from the |
State Treasury to reimburse counties where State penal
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institutions are located for the payment of assistant |
state's attorneys'
salaries under Section 4-2001 of the |
Counties Code.
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(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.
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(q) To establish a diversion program.
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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.
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Elements of the program shall include, but shall not be |
limited to, the
following:
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(1) The staff of a diversion facility shall provide |
supervision in
accordance with required objectives set |
by the facility.
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(2) Participants shall be required to maintain |
employment.
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(3) Each participant shall pay for room and board |
at the facility on a
sliding-scale basis according to |
the participant's income.
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(4) Each participant shall:
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(A) provide restitution to victims in |
accordance with any court order;
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(B) provide financial support to his |
dependents; and
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(C) make appropriate payments toward any other |
court-ordered
obligations.
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(5) Each participant shall complete community |
service in addition to
employment.
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(6) Participants shall take part in such |
counseling, educational and
other programs as the |
Department may deem appropriate.
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(7) Participants shall submit to drug and alcohol |
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screening.
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(8) The Department shall promulgate rules |
governing the administration
of the program.
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(r) To enter into intergovernmental cooperation |
agreements under which
persons in the custody of the |
Department may participate in a county impact
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incarceration program established under Section 3-6038 or |
3-15003.5 of the
Counties Code.
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(r-5) (Blank).
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(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
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correctional facility, prohibition of visual and sound |
communication. For the
purposes of this paragraph (r-10), |
"leaders" means persons who:
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(i) are members of a criminal streetgang;
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(ii) with respect to other individuals within the |
streetgang, occupy a
position of organizer, |
supervisor, or other position of management or
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leadership; and
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(iii) are actively and personally engaged in |
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directing, ordering,
authorizing, or requesting |
commission of criminal acts by others, which are
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punishable as a felony, in furtherance of streetgang |
related activity both
within and outside of the |
Department of Corrections.
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"Streetgang", "gang", and "streetgang related" have the |
meanings ascribed to
them in Section 10 of the Illinois |
Streetgang Terrorism Omnibus Prevention
Act.
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(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.
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(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.
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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.
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(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
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children.
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(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.
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(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.
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(3) When the Department lets bids for contracts for medical
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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.
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(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.
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(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.)
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(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
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Sec. 3-12-2. Types of employment.
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(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.
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(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
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(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
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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
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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
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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
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notify the Attorney General of any compensation applied towards |
a satisfaction,
in whole or in part, of the person's |
incarceration costs.
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(Source: P.A. 94-1017, eff. 7-7-06.)
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(730 ILCS 5/3-7-6 rep.) |
Section 10. The Unified Code of Corrections is amended by |
repealing Section 3-7-6.
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Section 15. The Code of Civil Procedure is amended by |
changing Section 4-101 as follows:
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(735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
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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
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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.
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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.
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3. Where the debtor has departed from this State with |
the
intention of having his or her effects removed from |
this State.
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4. Where the debtor is about to depart from this State |
with the
intention of having his or her effects removed |
from this State.
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5. Where the debtor is about to remove his or her |
property from this
State to the injury of such creditor.
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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.
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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.
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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.
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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.
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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.
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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.
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(Source: P.A. 93-508, eff. 1-1-04.)
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