Bill Text: IL HB4089 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the County Jail Act. Provides that when any prisoner is transferred to the custody of the Department of Human Services, the warden shall supply the Department of Human Services with all necessary information regarding the prisoner, including but not limited to: (1) charged offenses; (2) offense history; (3) suicide risk; (4) history of self-injurious behavior; (5) psychiatric or psychological examinations and reports, or both; (6) medication history and medications currently being administered; (7) all known allergies and drug interaction information; (8) copy of the most recent physical examination; (9) medical reports, consultations, discharge summaries, and diagnoses; (10) known gang affiliations; (11) complete disciplinary history; (12) staff or prisoner assaults, or both; (13) aggressive behavior; (14) known victim profiles; (15) security classification and escape risk; (16) history of drug or alcohol use, or both; (17) information on sexual assaults and predatory behavior; (18) special or religious dietary needs; (19) declared religion or approved religious accommodations, or both; (20) history of dental care and outstanding dental needs; (21) family contact information; and (22) relevant visitor information. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2015-07-31 - Public Act . . . . . . . . . 99-0215 [HB4089 Detail]
Download: Illinois-2015-HB4089-Chaptered.html
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Public Act 099-0215 | ||||
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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 County Jail Act is amended by changing | ||||
Section 14 as follows:
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(730 ILCS 125/14) (from Ch. 75, par. 114)
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Sec. 14.
At any time, in the opinion of the Warden, the | ||||
lives or health
of the prisoners are endangered or the security | ||||
of the penal institution is threatened, to such a degree as to | ||||
render their removal
necessary, the Warden may cause an | ||||
individual prisoner or a group of prisoners to be removed to | ||||
some suitable
place within the county, or to the jail of some | ||||
convenient county, where
they may be confined until they can be | ||||
safely returned to the place whence
they were removed. No | ||||
prisoner charged with a felony shall be removed by
the warden | ||||
to a Mental Health or Developmental Disabilities facility as
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defined in the Mental Health and Developmental Disabilities | ||||
Code, except as
specifically authorized by Article 104 or 115 | ||||
of the Code of Criminal Procedure of
1963, or the Mental Health | ||||
and Developmental Disabilities Code. Any place
to which the | ||||
prisoners are so removed shall,
during their imprisonment | ||||
there, be deemed, as to such prisoners, a prison
of the county | ||||
in which they were originally confined; but, they shall be
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under the care, government and direction of the Warden of the | ||
jail of the
county in which they are confined. When any | ||
criminal detainee is transferred to the custody of the | ||
Department of Human Services, the warden shall supply the | ||
Department of Human Services with all of the legally available | ||
information as described in 20 Ill. Adm. Code 701.60(f).
When a | ||
criminal detainee is delivered to the custody of the | ||
Department, the following information must be included with the | ||
items delivered: | ||
(1) the sentence imposed; | ||
(2) any findings of great bodily harm made by the court; | ||
(3) any statement by the court on the basis for imposing | ||
the sentence; | ||
(4) any presentence reports; | ||
(5) any sex offender evaluations; | ||
(6) any substance abuse treatment eligibility screening | ||
and assessment of the criminal detainee by an agent designated | ||
by the State to provide assessments for Illinois courts; | ||
(7) the number of days, if any, which the criminal detainee | ||
has been in custody and for which he or she is entitled to | ||
credit against the sentence. Certification of jail credit time | ||
shall include any time served in the custody of the Illinois | ||
Department of Human Services-Division of Mental Health or | ||
Division of Developmental Disabilities, time served in another | ||
state or federal jurisdiction, and any time served while on | ||
probation or periodic imprisonment; |
(8) State's Attorney's statement of facts, including the | ||
facts and circumstances of the offenses for which the criminal | ||
detainee was committed, any other factual information | ||
accessible to the State's Attorney prior to the commitment to | ||
the Department relative to the criminal detainee's habits, | ||
associates, disposition, and reputation or other information | ||
that may aid the Department during the custody of the criminal | ||
detainee. If the statement is unavailable at the time of | ||
delivery, the statement must be transmitted within 10 days | ||
after receipt by the clerk of the court; | ||
(9) any medical or mental health records or summaries; | ||
(10) any victim impact statements; | ||
(11) name of municipalities where the arrest of the | ||
criminal detainee and the commission of the offense occurred, | ||
if the municipality has a population of more than 25,000 | ||
persons; | ||
(12) all additional matters that the court directs the | ||
clerk to transmit; | ||
(13) a record of the criminal detainee's time and his or | ||
her behavior and conduct while in the custody of the county. | ||
Any action on the part of the criminal detainee that might | ||
affect his or her security status with the Department, | ||
including, but not limited to, an escape attempt, participation | ||
in a riot, or a suicide attempt should be included in the | ||
record; and | ||
(14) the mittimus or sentence (judgment) order that |
provides the following information: | ||
(A) the criminal case number, names and citations of | ||
the offenses, judge's name, date of sentence, and, if | ||
applicable, whether the sentences are to be served | ||
concurrently or consecutively; | ||
(B) the number of days spent in custody; and | ||
(C) if applicable, the calculation of pre-trial | ||
program sentence credit awarded by the court to the | ||
criminal detainee, including, at a minimum, identification | ||
of the type of pre-trial program the criminal detainee | ||
participated in and the number of eligible days the court | ||
finds the criminal detainee spent in the pre-trial program | ||
multiplied by the calculation factor of 0.5 for the total | ||
court-awarded credit.
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(Source: P.A. 97-104, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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