101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1158
 
Introduced 2/5/2019, by Sen. Robert Peters
 
SYNOPSIS AS INTRODUCED:



        
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-12-2 from Ch. 38, par. 1003-12-2
730 ILCS 5/3-12-5 from Ch. 38, par. 1003-12-5
730 ILCS 5/3-7-6 rep.
735 ILCS 5/4-101 from Ch. 110, par. 4-101

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



LRB101 09409 SLF 54507 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB1158LRB101 09409 SLF 54507 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Sections 3-2-2, 3-12-2, and 3-12-5 as follows:



6 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)


7 Sec. 3-2-2. Powers and duties of the Department. 

8 (1) In addition to the powers, duties, and responsibilities 
9which are
otherwise provided by law, the Department shall have 
10the following powers:

11  (a) To accept persons committed to it by the courts of 
12 this State for
care, custody, treatment and 
13 rehabilitation, and to accept federal prisoners and aliens 
14 over whom the Office of the Federal Detention Trustee is 
15 authorized to exercise the federal detention function for 
16 limited purposes and periods of time.

17  (b) To develop and maintain reception and evaluation 
18 units for purposes
of analyzing the custody and 
19 rehabilitation needs of persons committed to
it and to 
20 assign such persons to institutions and programs under its 
21 control
or transfer them to other appropriate agencies. In 
22 consultation with the
Department of Alcoholism and 
23 Substance Abuse (now the Department of Human
Services), the 
 
 
SB1158- 2 -LRB101 09409 SLF 54507 b


1 Department of Corrections
shall develop a master plan for 
2 the screening and evaluation of persons
committed to its 
3 custody who have alcohol or drug abuse problems, and for

4 making appropriate treatment available to such persons; 
5 the Department
shall report to the General Assembly on such 
6 plan not later than April 1,
1987. The maintenance and 
7 implementation of such plan shall be contingent
upon the 
8 availability of funds.

9  (b-1) To create and implement, on January 1, 2002, a 
10 pilot
program to
establish the effectiveness of 
11 pupillometer technology (the measurement of the
pupil's

12 reaction to light) as an alternative to a urine test for 
13 purposes of screening
and evaluating
persons committed to 
14 its custody who have alcohol or drug problems. The
pilot 
15 program shall require the pupillometer technology to be 
16 used in at
least one Department of
Corrections facility. 
17 The Director may expand the pilot program to include an

18 additional facility or
facilities as he or she deems 
19 appropriate.
A minimum of 4,000 tests shall be included in 
20 the pilot program.
The
Department must report to the

21 General Assembly on the
effectiveness of the program by 
22 January 1, 2003.

23  (b-5) To develop, in consultation with the Department 
24 of State Police, a
program for tracking and evaluating each 
25 inmate from commitment through release
for recording his or 
26 her gang affiliations, activities, or ranks.

 
 
SB1158- 3 -LRB101 09409 SLF 54507 b


1  (c) To maintain and administer all State correctional 
2 institutions and
facilities under its control and to 
3 establish new ones as needed. Pursuant
to its power to 
4 establish new institutions and facilities, the Department

5 may, with the written approval of the Governor, authorize 
6 the Department of
Central Management Services to enter into 
7 an agreement of the type
described in subsection (d) of 
8 Section 405-300 of the
Department
of Central Management 
9 Services Law (20 ILCS 405/405-300). The Department shall

10 designate those institutions which
shall constitute the 
11 State Penitentiary System.

12  Pursuant to its power to establish new institutions and 
13 facilities, the
Department may authorize the Department of 
14 Central Management Services to
accept bids from counties 
15 and municipalities for the construction,
remodeling or 
16 conversion of a structure to be leased to the Department of

17 Corrections for the purposes of its serving as a 
18 correctional institution
or facility. Such construction, 
19 remodeling or conversion may be financed
with revenue bonds 
20 issued pursuant to the Industrial Building Revenue Bond
Act 
21 by the municipality or county. The lease specified in a bid 
22 shall be
for a term of not less than the time needed to 
23 retire any revenue bonds
used to finance the project, but 
24 not to exceed 40 years. The lease may
grant to the State 
25 the option to purchase the structure outright.

26  Upon receipt of the bids, the Department may certify 
 
 
SB1158- 4 -LRB101 09409 SLF 54507 b


1 one or more of the
bids and shall submit any such bids to 
2 the General Assembly for approval.
Upon approval of a bid 
3 by a constitutional majority of both houses of the
General 
4 Assembly, pursuant to joint resolution, the Department of 
5 Central
Management Services may enter into an agreement 
6 with the county or
municipality pursuant to such bid.

7  (c-5) To build and maintain regional juvenile 
8 detention centers and to
charge a per diem to the counties 
9 as established by the Department to defray
the costs of 
10 housing each minor in a center. In this subsection (c-5),

11 "juvenile
detention center" means a facility to house 
12 minors during pendency of trial who
have been transferred 
13 from proceedings under the Juvenile Court Act of 1987 to

14 prosecutions under the criminal laws of this State in 
15 accordance with Section
5-805 of the Juvenile Court Act of 
16 1987, whether the transfer was by operation
of
law or 
17 permissive under that Section. The Department shall 
18 designate the
counties to be served by each regional 
19 juvenile detention center.

20  (d) To develop and maintain programs of control, 
21 rehabilitation and
employment of committed persons within 
22 its institutions.

23  (d-5) To provide a pre-release job preparation program 
24 for inmates at Illinois adult correctional centers.

25  (d-10) To provide educational and visitation 
26 opportunities to committed persons within its institutions 
 
 
SB1158- 5 -LRB101 09409 SLF 54507 b


1 through temporary access to content-controlled tablets 
2 that may be provided as a privilege to committed persons to 
3 induce or reward compliance. 
4  (e) To establish a system of supervision and guidance 
5 of committed persons
in the community.

6  (f) To establish in cooperation with the Department of 
7 Transportation
to supply a sufficient number of prisoners 
8 for use by the Department of
Transportation to clean up the 
9 trash and garbage along State, county,
township, or 
10 municipal highways as designated by the Department of

11 Transportation. The Department of Corrections, at the 
12 request of the
Department of Transportation, shall furnish 
13 such prisoners at least
annually for a period to be agreed 
14 upon between the Director of
Corrections and the Secretary 
15 of Transportation. The prisoners used on this
program shall 
16 be selected by the Director of Corrections on whatever 
17 basis
he deems proper in consideration of their term, 
18 behavior and earned eligibility
to participate in such 
19 program - where they will be outside of the prison
facility 
20 but still in the custody of the Department of Corrections. 
21 Prisoners
convicted of first degree murder, or a Class X 
22 felony, or armed violence, or
aggravated kidnapping, or 
23 criminal sexual assault, aggravated criminal sexual
abuse 
24 or a subsequent conviction for criminal sexual abuse, or 
25 forcible
detention, or arson, or a prisoner adjudged a 
26 Habitual Criminal shall not be
eligible for selection to 
 
 
SB1158- 6 -LRB101 09409 SLF 54507 b


1 participate in such program. The prisoners shall
remain as 
2 prisoners in the custody of the Department of Corrections 
3 and such
Department shall furnish whatever security is 
4 necessary. The Department of
Transportation shall furnish 
5 trucks and equipment for the highway cleanup
program and 
6 personnel to supervise and direct the program. Neither the

7 Department of Corrections nor the Department of 
8 Transportation shall replace
any regular employee with a 
9 prisoner.

10  (g) To maintain records of persons committed to it and 
11 to establish
programs of research, statistics and 
12 planning.

13  (h) To investigate the grievances of any person 
14 committed to the
Department and , to inquire into any 
15 alleged misconduct by employees
or committed persons, and 
16 to investigate the assets
of committed persons to implement 
17 Section 3-7-6 of this Code; and for
these purposes it may 
18 issue subpoenas and compel the attendance of witnesses
and 
19 the production of writings and papers, and may examine 
20 under oath any
witnesses who may appear before it; to also 
21 investigate alleged violations
of a parolee's or 
22 releasee's conditions of parole or release; and for this

23 purpose it may issue subpoenas and compel the attendance of 
24 witnesses and
the production of documents only if there is 
25 reason to believe that such
procedures would provide 
26 evidence that such violations have occurred.

 
 
SB1158- 7 -LRB101 09409 SLF 54507 b


1  If any person fails to obey a subpoena issued under 
2 this subsection,
the Director may apply to any circuit 
3 court to secure compliance with the
subpoena. The failure 
4 to comply with the order of the court issued in
response 
5 thereto shall be punishable as contempt of court.

6  (i) To appoint and remove the chief administrative 
7 officers, and
administer
programs of training and 
8 development of personnel of the Department. Personnel

9 assigned by the Department to be responsible for the

10 custody and control of committed persons or to investigate 
11 the alleged
misconduct of committed persons or employees or 
12 alleged violations of a
parolee's or releasee's conditions 
13 of parole shall be conservators of the peace
for those 
14 purposes, and shall have the full power of peace officers 
15 outside
of the facilities of the Department in the 
16 protection, arrest, retaking
and reconfining of committed 
17 persons or where the exercise of such power
is necessary to 
18 the investigation of such misconduct or violations. This 
19 subsection shall not apply to persons committed to the 
20 Department of Juvenile Justice under the Juvenile Court Act 
21 of 1987 on aftercare release.

22  (j) To cooperate with other departments and agencies 
23 and with local
communities for the development of standards 
24 and programs for better
correctional services in this 
25 State.

26  (k) To administer all moneys and properties of the 
 
 
SB1158- 8 -LRB101 09409 SLF 54507 b


1 Department.

2  (l) To report annually to the Governor on the committed

3 persons, institutions and programs of the Department.

4  (l-5) (Blank).

5  (m) To make all rules and regulations and exercise all 
6 powers and duties
vested by law in the Department.

7  (n) To establish rules and regulations for 
8 administering a system of
sentence credits, established in 
9 accordance with Section 3-6-3, subject
to review by the 
10 Prisoner Review Board.

11  (o) To administer the distribution of funds
from the 
12 State Treasury to reimburse counties where State penal

13 institutions are located for the payment of assistant 
14 state's attorneys'
salaries under Section 4-2001 of the 
15 Counties Code.

16  (p) To exchange information with the Department of 
17 Human Services and the
Department of Healthcare and Family 
18 Services
for the purpose of verifying living arrangements 
19 and for other purposes
directly connected with the 
20 administration of this Code and the Illinois
Public Aid 
21 Code.

22  (q) To establish a diversion program.

23  The program shall provide a structured environment for 
24 selected
technical parole or mandatory supervised release 
25 violators and committed
persons who have violated the rules 
26 governing their conduct while in work
release. This program 
 
 
SB1158- 9 -LRB101 09409 SLF 54507 b


1 shall not apply to those persons who have committed
a new 
2 offense while serving on parole or mandatory supervised 
3 release or
while committed to work release.

4  Elements of the program shall include, but shall not be 
5 limited to, the
following:

6   (1) The staff of a diversion facility shall provide 
7 supervision in
accordance with required objectives set 
8 by the facility.

9   (2) Participants shall be required to maintain 
10 employment.

11   (3) Each participant shall pay for room and board 
12 at the facility on a
sliding-scale basis according to 
13 the participant's income.

14   (4) Each participant shall:

15    (A) provide restitution to victims in 
16 accordance with any court order;

17    (B) provide financial support to his 
18 dependents; and

19    (C) make appropriate payments toward any other 
20 court-ordered
obligations.

21   (5) Each participant shall complete community 
22 service in addition to
employment.

23   (6) Participants shall take part in such 
24 counseling, educational and
other programs as the 
25 Department may deem appropriate.

26   (7) Participants shall submit to drug and alcohol 
 
 
SB1158- 10 -LRB101 09409 SLF 54507 b


1 screening.

2   (8) The Department shall promulgate rules 
3 governing the administration
of the program.

4  (r) To enter into intergovernmental cooperation 
5 agreements under which
persons in the custody of the 
6 Department may participate in a county impact

7 incarceration program established under Section 3-6038 or 
8 3-15003.5 of the
Counties Code.

9  (r-5) (Blank).

10  (r-10) To systematically and routinely identify with 
11 respect to each
streetgang active within the correctional 
12 system: (1) each active gang; (2)
every existing inter-gang 
13 affiliation or alliance; and (3) the current leaders
in 
14 each gang. The Department shall promptly segregate leaders 
15 from inmates who
belong to their gangs and allied gangs. 
16 "Segregate" means no physical contact
and, to the extent 
17 possible under the conditions and space available at the

18 correctional facility, prohibition of visual and sound 
19 communication. For the
purposes of this paragraph (r-10), 
20 "leaders" means persons who:

21   (i) are members of a criminal streetgang;

22   (ii) with respect to other individuals within the 
23 streetgang, occupy a
position of organizer, 
24 supervisor, or other position of management or

25 leadership; and

26   (iii) are actively and personally engaged in 
 
 
SB1158- 11 -LRB101 09409 SLF 54507 b


1 directing, ordering,
authorizing, or requesting 
2 commission of criminal acts by others, which are

3 punishable as a felony, in furtherance of streetgang 
4 related activity both
within and outside of the 
5 Department of Corrections.

6 "Streetgang", "gang", and "streetgang related" have the 
7 meanings ascribed to
them in Section 10 of the Illinois 
8 Streetgang Terrorism Omnibus Prevention
Act.

9  (s) To operate a super-maximum security institution, 
10 in order to
manage and
supervise inmates who are disruptive 
11 or dangerous and provide for the safety
and security of the 
12 staff and the other inmates.

13  (t) To monitor any unprivileged conversation or any 
14 unprivileged
communication, whether in person or by mail, 
15 telephone, or other means,
between an inmate who, before 
16 commitment to the Department, was a member of an
organized 
17 gang and any other person without the need to show cause or 
18 satisfy
any other requirement of law before beginning the 
19 monitoring, except as
constitutionally required. The 
20 monitoring may be by video, voice, or other
method of 
21 recording or by any other means. As used in this 
22 subdivision (1)(t),
"organized gang" has the meaning 
23 ascribed to it in Section 10 of the Illinois
Streetgang 
24 Terrorism Omnibus Prevention Act.

25  As used in this subdivision (1)(t), "unprivileged 
26 conversation" or
"unprivileged communication" means a 
 
 
SB1158- 12 -LRB101 09409 SLF 54507 b


1 conversation or communication that is not
protected by any 
2 privilege recognized by law or by decision, rule, or order 
3 of
the Illinois Supreme Court.

4  (u) To establish a Women's and Children's Pre-release 
5 Community
Supervision
Program for the purpose of providing 
6 housing and services to eligible female
inmates, as 
7 determined by the Department, and their newborn and young

8 children.

9  (u-5) To issue an order, whenever a person committed to 
10 the Department absconds or absents himself or herself, 
11 without authority to do so, from any facility or program to 
12 which he or she is assigned. The order shall be certified 
13 by the Director, the Supervisor of the Apprehension Unit, 
14 or any person duly designated by the Director, with the 
15 seal of the Department affixed. The order shall be directed 
16 to all sheriffs, coroners, and police officers, or to any 
17 particular person named in the order. Any order issued 
18 pursuant to this subdivision (1) (u-5) shall be sufficient 
19 warrant for the officer or person named in the order to 
20 arrest and deliver the committed person to the proper 
21 correctional officials and shall be executed the same as 
22 criminal process. 
23  (v) To do all other acts necessary to carry out the 
24 provisions
of this Chapter.

25 (2) The Department of Corrections shall by January 1, 1998, 
26consider
building and operating a correctional facility within 
 
 
SB1158- 13 -LRB101 09409 SLF 54507 b


1100 miles of a county of
over 2,000,000 inhabitants, especially 
2a facility designed to house juvenile
participants in the 
3impact incarceration program.

4 (3) When the Department lets bids for contracts for medical

5services to be provided to persons committed to Department 
6facilities by
a health maintenance organization, medical 
7service corporation, or other
health care provider, the bid may 
8only be let to a health care provider
that has obtained an 
9irrevocable letter of credit or performance bond
issued by a 
10company whose bonds have an investment grade or higher rating 
11by a bond rating
organization.

12 (4) When the Department lets bids for
contracts for food or 
13commissary services to be provided to
Department facilities, 
14the bid may only be let to a food or commissary
services 
15provider that has obtained an irrevocable letter of
credit or 
16performance bond issued by a company whose bonds have an 
17investment grade or higher rating by a bond rating 
18organization.

19 (5) On and after the date 6 months after August 16, 2013 
20(the effective date of Public Act 98-488), as provided in the 
21Executive Order 1 (2012) Implementation Act, all of the powers, 
22duties, rights, and responsibilities related to State 
23healthcare purchasing under this Code that were transferred 
24from the Department of Corrections to the Department of 
25Healthcare and Family Services by Executive Order 3 (2005) are 
26transferred back to the Department of Corrections; however, 
 
 
SB1158- 14 -LRB101 09409 SLF 54507 b


1powers, duties, rights, and responsibilities related to State 
2healthcare purchasing under this Code that were exercised by 
3the Department of Corrections before the effective date of 
4Executive Order 3 (2005) but that pertain to individuals 
5resident in facilities operated by the Department of Juvenile 
6Justice are transferred to the Department of Juvenile Justice. 
7(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.)





8 (730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)



9 Sec. 3-12-2. Types of employment. 

10 (a) The Department shall provide inmate workers for 
11Illinois Correctional Industries to work in programs 
12established to train and employ committed
persons in the 
13production of food stuffs and finished goods and any articles, 
14materials or supplies for
resale to State agencies and 
15authorized purchasers. It may also employ committed persons on 
16public
works, buildings and property, the conservation of 
17natural resources of the
State, anti-pollution or 
18environmental control projects, or for other public
purposes, 
19for the maintenance of the Department's buildings and 
20properties and
for the production of food or other necessities 
21for its programs. The
Department may establish, maintain and 
22employ committed persons in the
production of vehicle 
23registration plates. A committed person's labor shall
not be 
24sold, contracted or hired out by the Department except under 
25this
Article.

 
 
SB1158- 15 -LRB101 09409 SLF 54507 b


1 (b) Works of art, literature, handicraft or other items 
2produced by
committed persons as an avocation and not as a 
3product of a work program of the
Department may be sold to the 
4public under rules and regulations established by
the 
5Department. The cost of selling such products may be deducted 
6from the
proceeds, and the balance shall be credited to the 
7person's account under
Section 3-4-3. The Department shall 
8notify the Attorney General of the
existence of any proceeds 
9which it believes should be applied towards a
satisfaction, in 
10whole or in part, of the person's incarceration costs.

11(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)





12 (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)



13 Sec. 3-12-5. Compensation. Persons performing a work 
14assignment under
subsection (a) of Section 3-12-2 may receive 
15wages under rules and regulations
of the Department. In 
16determining rates of compensation, the Department shall

17consider the effort, skill and economic value of the work 
18performed.
Compensation may be given to persons who participate 
19in other programs of the
Department. Of the compensation earned 
20pursuant to this Section, a portion, as
determined by the 
21Department, shall be used to offset the cost of the committed

22person's incarceration. If the committed person files a lawsuit 
23determined
frivolous
under Article XXII of the Code of Civil 
24Procedure, 50% of the
compensation shall be used to offset the 
25filing fees and costs of the lawsuit
as provided in
that 
 
 
SB1158- 16 -LRB101 09409 SLF 54507 b


1Article until all fees and costs are paid in full. All other 
2wages shall
be deposited in the individual's
account under 
3rules and regulations of the Department. The Department shall

4notify the Attorney General of any compensation applied towards 
5a satisfaction,
in whole or in part, of the person's 
6incarceration costs.

7(Source: P.A. 94-1017, eff. 7-7-06.)



8 (730 ILCS 5/3-7-6 rep.)
9 Section 10. The Unified Code of Corrections is amended by 
10repealing Section 3-7-6.

11 Section 15. The Code of Civil Procedure is amended by 
12changing Section 4-101 as follows:




13 (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)



14 Sec. 4-101. Cause. In any court having competent 
15jurisdiction, a creditor
having a money claim, whether 
16liquidated or unliquidated, and whether sounding
in contract or 
17tort, or based upon a statutory cause of action created by law

18in favor of the People of the State of Illinois, or any agency 
19of the State,
may have an attachment against the property of 
20his or her debtor, or that of
any one or more of several 
21debtors, either at the time of commencement of the
action or 
22thereafter, when the claim exceeds $20,
in any one of the 
23following cases:


 
 
SB1158- 17 -LRB101 09409 SLF 54507 b


1  1. Where the debtor is not a resident of this State.


2  2. When the debtor conceals himself or herself or 
3 stands in defiance of an
officer, so that process cannot be 
4 served upon him or her.


5  3. Where the debtor has departed from this State with 
6 the
intention of having his or her effects removed from 
7 this State.


8  4. Where the debtor is about to depart from this State 
9 with the
intention of having his or her effects removed 
10 from this State.


11  5. Where the debtor is about to remove his or her 
12 property from this
State to the injury of such creditor.


13  6. Where the debtor has within 2 years preceding the 
14 filing of
the affidavit required, fraudulently conveyed or 
15 assigned his or her effects,
or a part thereof, so as to 
16 hinder or delay his or her creditors.


17  7. Where the debtor has, within 2 years prior to the 
18 filing of
such affidavit, fraudulently concealed or 
19 disposed of his or her property so as
to hinder or delay 
20 his or her creditors.


21  8. Where the debtor is about fraudulently to conceal, 
22 assign, or
otherwise dispose of his or her property or 
23 effects, so as to hinder or delay
his or her creditors.


24  9. Where the debt sued for was fraudulently contracted 
25 on the
part of the debtor. The statements of the debtor, 
26 his or her agent or
attorney, which constitute the fraud, 
 
 
SB1158- 18 -LRB101 09409 SLF 54507 b


1 shall have been reduced to
writing, and his or her 
2 signature attached thereto, by himself or herself,
agent or 
3 attorney.


4  10. When the debtor is a person convicted of first 
5 degree murder, a
Class X felony, or aggravated kidnapping, 
6 or found not
guilty by reason of insanity or guilty but 
7 mentally ill of first degree
murder, a Class X felony, or 
8 aggravated kidnapping, against
the creditor and that crime 
9 makes the creditor a "victim" under the
Criminal Victims' 
10 Asset Discovery Act.


11  11. (Blank). When the debtor is referred by the 
12 Department of Corrections to the
Attorney
General under 
13 Section 3-7-6 of the Unified Code of Corrections to recover 
14 the
expenses incurred as a result of that debtor's cost of 
15 incarceration.

16(Source: P.A. 93-508, eff. 1-1-04.)