Statutes > Illinois Statutes > CHAPTER 730 CORRECTIONS > 730 ILCS 5/ Unified Code of Corrections. > Article 2 - Organization Of Department

Article 2 - Organization Of Department


      (730 ILCS 5/Ch. III Art. 2 heading)
ARTICLE 2. ORGANIZATION OF DEPARTMENT

    (730 ILCS 5/3‑2‑1) (from Ch. 38, par. 1003‑2‑1)
    Sec. 3‑2‑1. Consolidation of the Department.
    This Chapter consolidates in one statute certain powers and duties of the Department of Corrections and deletes inoperative and duplicative statutory provisions with respect to such powers and duties.
(Source: P.A. 77‑2097.)

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

    (730 ILCS 5/3‑2‑2.1) (from Ch. 38, par. 1003‑2‑2.1)
    Sec. 3‑2‑2.1. In addition to all other powers, duties and responsibilities which are otherwise provided by law, the Department shall administer the County Jail Revolving Loan Fund, a special fund in the State Treasury which is hereby created. The Department shall accept for deposit into such fund any and all grants, loans, subsidies, matching funds, reimbursements, appropriations, transfers of appropriations, income derived from investments, State bond proceeds, proceeds from repayment of loans, or other things of value from the federal or State governments, person, firm or corporation, public or private. Monies in the County Jail Revolving Loan Fund shall be invested in the same manner as provided in "An Act relating to certain investments of public funds by public agencies", approved July 23, 1973, as amended. A portion of the proceeds from the interest or dividends from such investments may be used to pay administrative costs of the Department incurred in the administration of the fund. The Department shall loan money from the County Jail Revolving Loan Fund to any county for the purpose of constructing a new county jail or remodeling, reconstructing or renovating an existing county jail. The Department shall adopt rules and regulations establishing criteria to be used in determining loan eligibility and the interest rate, if any, to be charged on loaned money from the fund. The eligibility criteria shall include the following factors:
    (a) creditworthiness of the county;
    (b) ability of the county to borrow money by traditional methods;
    (c) evidence of the county's efforts to raise funds in traditional markets; and
    (d) the costs of borrowing that the county would encounter in traditional markets.
    To be eligible for a loan from the fund, a county must demonstrate it has the ability to make debt service payments and that it has explored all reasonable methods of expanding, constructing, reconstructing or upgrading the county jail facility and the method selected is the least expensive or most practical.
    No county may finance more than 75% of the total costs of constructing, reconstructing, upgrading or expanding a county jail facility from the fund. The term of payment for loans authorized by the Department shall be at least 10 years. The Department may impose such other charges or fees as it deems necessary to defray the costs of administering the loans under the fund.
    Counties already in the process of upgrading county jail facilities and counties that combine to construct a regional jail facility shall be eligible for loans from the fund.
(Source: P.A. 84‑1411.)

    (730 ILCS 5/3‑2‑2.2) (from Ch. 38, par. 1003‑2‑2.2)
    Sec. 3‑2‑2.2. In addition to all other powers, duties and responsibilities otherwise provided by law, the Department shall administer the County Juvenile Detention Center Revolving Loan Fund, a special fund in the State treasury which is hereby created. The Department shall accept for deposit into such fund any and all grants, loans, subsidies, matching funds, reimbursements, appropriations, transfers of appropriations, income derived from investments, State bond proceeds, proceeds from repayment of loans, or other things of value from the federal or State government or any person, firm or public or private corporation. Monies in the County Juvenile Detention Center Revolving Loan Fund shall be invested in the same manner as provided in "An Act relating to certain investments of public funds by public agencies", approved July 23, 1973. The Department shall loan money from the County Juvenile Detention Center Revolving Loan Fund to any county for the purpose of constructing a new juvenile detention center or non‑secure group home or remodeling, reconstructing or renovating an existing juvenile detention center or non‑secure group home. Such facilities shall be administered by the Circuit Court. The Department shall adopt rules and regulations establishing criteria to be used in determining loan eligibility and the interest rate, if any, to be charged on money loaned from the fund. The interest rate shall not exceed 80% of the prime interest rate charged by the largest commercial bank in the State of Illinois at the time that the loan is approved. The eligibility criteria shall include the following factors:
        (a) creditworthiness of the county;
        (b) ability of the county to borrow money by
     traditional methods;
        (c) evidence of the county's efforts to raise funds
     in traditional markets;
        (d) the costs of borrowing that the county would
     encounter in traditional markets;
        (e) a direct appropriation by the General Assembly;
     and
        (f) approval by the chief judge of the circuit.
    To be eligible for a loan from the fund, a county must demonstrate it has the ability to make debt service payments.
    No county shall finance more than 75% of the total costs of constructing, reconstructing, upgrading or expanding a facility from the fund. The term of payment for loans authorized by the Department shall be at least 10 years. The Department may impose such other charges or fees as it deems necessary to defray the costs of administering loans from the fund.
    No loan shall be granted within three years of the granting of any other loan under this program within the same circuit.
    Counties in the process of upgrading county juvenile detention facilities and non‑secure group homes on the effective date of this amendatory Act of 1990 and counties that combine to construct a regional facility shall be eligible for loans from the fund.
(Source: P.A. 86‑1327.)

    (730 ILCS 5/3‑2‑3) (from Ch. 38, par. 1003‑2‑3)
    Sec. 3‑2‑3. Director; Appointment; Powers and Duties.
    (a) The Department shall be administered by the Director of Corrections who shall be appointed by the Governor in accordance with The Civil Administrative Code of Illinois.
    (b) The Director shall establish such Divisions within the Department in addition to those established under Section 3‑2‑5 as shall be desirable and shall assign to the various Divisions the responsibilities and duties placed in the Department by the laws of this State.
(Source: P. A. 77‑2097.)

    (730 ILCS 5/3‑2‑3.1)(from Ch. 38, par. 1003‑2‑3.1)
    Sec. 3‑2‑3.1. Treaties. If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the State and subject to the terms of the treaty, authorize the Director of Corrections to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this State in the treaty. Before any transfer or exchange may occur, the Director of Corrections shall notify in writing the Prisoner Review Board and the Office of the State's Attorney which obtained the defendant's conviction.
(Source: P.A. 95‑317, eff. 8‑21‑07.)