Text of IL HB 4645 (2020)

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4645 Introduced , by Rep. Darren Bailey SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 Amends the Unified Code of Corrections. Provides that the Department of Corrections must assign a committed person to an institution or facility that houses committed persons of his or her biological sex, regardless of the gender with which the committed person identifies. LRB101 15298 RLC 64475 b A BILL FOR HB4645LRB101 15298 RLC 64475 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 Section 3-2-2 as follows: 6 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2) 7 (Text of Section before amendment by P.A. 101-235) 8 Sec. 3-2-2. Powers and duties of the Department. 9 (1) In addition to the powers, duties, and responsibilities 10which are otherwise provided by law, the Department shall have 11the following powers: 12 (a) To accept persons committed to it by the courts of 13 this State for care, custody, treatment and 14 rehabilitation, and to accept federal prisoners and aliens 15 over whom the Office of the Federal Detention Trustee is 16 authorized to exercise the federal detention function for 17 limited purposes and periods of time. 18 (b) To develop and maintain reception and evaluation 19 units for purposes of analyzing the custody and 20 rehabilitation needs of persons committed to it and to 21 assign such persons to institutions and programs under its 22 control or transfer them to other appropriate agencies. In 23 consultation with the Department of Alcoholism and HB4645- 2 -LRB101 15298 RLC 64475 b 1 Substance Abuse (now the Department of Human Services), the 2 Department of Corrections shall develop a master plan for 3 the screening and evaluation of persons committed to its 4 custody who have alcohol or drug abuse problems, and for 5 making appropriate treatment available to such persons; 6 the Department shall report to the General Assembly on such 7 plan not later than April 1, 1987. The maintenance and 8 implementation of such plan shall be contingent upon the 9 availability of funds. 10 (b-1) To create and implement, on January 1, 2002, a 11 pilot program to establish the effectiveness of 12 pupillometer technology (the measurement of the pupil's 13 reaction to light) as an alternative to a urine test for 14 purposes of screening and evaluating persons committed to 15 its custody who have alcohol or drug problems. The pilot 16 program shall require the pupillometer technology to be 17 used in at least one Department of Corrections facility. 18 The Director may expand the pilot program to include an 19 additional facility or facilities as he or she deems 20 appropriate. A minimum of 4,000 tests shall be included in 21 the pilot program. The Department must report to the 22 General Assembly on the effectiveness of the program by 23 January 1, 2003. 24 (b-5) To develop, in consultation with the Department 25 of State Police, a program for tracking and evaluating each 26 inmate from commitment through release for recording his or HB4645- 3 -LRB101 15298 RLC 64475 b 1 her gang affiliations, activities, or ranks. 2 (c) To maintain and administer all State correctional 3 institutions and facilities under its control and to 4 establish new ones as needed. Pursuant to its power to 5 establish new institutions and facilities, the Department 6 may, with the written approval of the Governor, authorize 7 the Department of Central Management Services to enter into 8 an agreement of the type described in subsection (d) of 9 Section 405-300 of the Department of Central Management 10 Services Law (20 ILCS 405/405-300). The Department shall 11 designate those institutions which shall constitute the 12 State Penitentiary System. 13 Pursuant to its power to establish new institutions and 14 facilities, the Department may authorize the Department of 15 Central Management Services to accept bids from counties 16 and municipalities for the construction, remodeling or 17 conversion of a structure to be leased to the Department of 18 Corrections for the purposes of its serving as a 19 correctional institution or facility. Such construction, 20 remodeling or conversion may be financed with revenue bonds 21 issued pursuant to the Industrial Building Revenue Bond Act 22 by the municipality or county. The lease specified in a bid 23 shall be for a term of not less than the time needed to 24 retire any revenue bonds used to finance the project, but 25 not to exceed 40 years. The lease may grant to the State 26 the option to purchase the structure outright. HB4645- 4 -LRB101 15298 RLC 64475 b 1 Upon receipt of the bids, the Department may certify 2 one or more of the bids and shall submit any such bids to 3 the General Assembly for approval. Upon approval of a bid 4 by a constitutional majority of both houses of the General 5 Assembly, pursuant to joint resolution, the Department of 6 Central Management Services may enter into an agreement 7 with the county or municipality pursuant to such bid. 8 (c-5) To build and maintain regional juvenile 9 detention centers and to charge a per diem to the counties 10 as established by the Department to defray the costs of 11 housing each minor in a center. In this subsection (c-5), 12 "juvenile detention center" means a facility to house 13 minors during pendency of trial who have been transferred 14 from proceedings under the Juvenile Court Act of 1987 to 15 prosecutions under the criminal laws of this State in 16 accordance with Section 5-805 of the Juvenile Court Act of 17 1987, whether the transfer was by operation of law or 18 permissive under that Section. The Department shall 19 designate the counties to be served by each regional 20 juvenile detention center. 21 (d) To develop and maintain programs of control, 22 rehabilitation and employment of committed persons within 23 its institutions. 24 (d-5) To provide a pre-release job preparation program 25 for inmates at Illinois adult correctional centers. 26 (d-10) To provide educational and visitation HB4645- 5 -LRB101 15298 RLC 64475 b 1 opportunities to committed persons within its institutions 2 through temporary access to content-controlled tablets 3 that may be provided as a privilege to committed persons to 4 induce or reward compliance. 5 (e) To establish a system of supervision and guidance 6 of committed persons in the community. 7 (f) To establish in cooperation with the Department of 8 Transportation to supply a sufficient number of prisoners 9 for use by the Department of Transportation to clean up the 10 trash and garbage along State, county, township, or 11 municipal highways as designated by the Department of 12 Transportation. The Department of Corrections, at the 13 request of the Department of Transportation, shall furnish 14 such prisoners at least annually for a period to be agreed 15 upon between the Director of Corrections and the Secretary 16 of Transportation. The prisoners used on this program shall 17 be selected by the Director of Corrections on whatever 18 basis he deems proper in consideration of their term, 19 behavior and earned eligibility to participate in such 20 program - where they will be outside of the prison facility 21 but still in the custody of the Department of Corrections. 22 Prisoners convicted of first degree murder, or a Class X 23 felony, or armed violence, or aggravated kidnapping, or 24 criminal sexual assault, aggravated criminal sexual abuse 25 or a subsequent conviction for criminal sexual abuse, or 26 forcible detention, or arson, or a prisoner adjudged a HB4645- 6 -LRB101 15298 RLC 64475 b 1 Habitual Criminal shall not be eligible for selection to 2 participate in such program. The prisoners shall remain as 3 prisoners in the custody of the Department of Corrections 4 and such Department shall furnish whatever security is 5 necessary. The Department of Transportation shall furnish 6 trucks and equipment for the highway cleanup program and 7 personnel to supervise and direct the program. Neither the 8 Department of Corrections nor the Department of 9 Transportation shall replace any regular employee with a 10 prisoner. 11 (g) To maintain records of persons committed to it and 12 to establish programs of research, statistics and 13 planning. 14 (h) To investigate the grievances of any person 15 committed to the Department, to inquire into any alleged 16 misconduct by employees or committed persons, and to 17 investigate the assets of committed persons to implement 18 Section 3-7-6 of this Code; and for these purposes it may 19 issue subpoenas and compel the attendance of witnesses and 20 the production of writings and papers, and may examine 21 under oath any witnesses who may appear before it; to also 22 investigate alleged violations of a parolee's or 23 releasee's conditions of parole or release; and for this 24 purpose it may issue subpoenas and compel the attendance of 25 witnesses and the production of documents only if there is 26 reason to believe that such procedures would provide HB4645- 7 -LRB101 15298 RLC 64475 b 1 evidence that such violations have occurred. 2 If any person fails to obey a subpoena issued under 3 this subsection, the Director may apply to any circuit 4 court to secure compliance with the subpoena. The failure 5 to comply with the order of the court issued in response 6 thereto shall be punishable as contempt of court. 7 (i) To appoint and remove the chief administrative 8 officers, and administer programs of training and 9 development of personnel of the Department. Personnel 10 assigned by the Department to be responsible for the 11 custody and control of committed persons or to investigate 12 the alleged misconduct of committed persons or employees or 13 alleged violations of a parolee's or releasee's conditions 14 of parole shall be conservators of the peace for those 15 purposes, and shall have the full power of peace officers 16 outside of the facilities of the Department in the 17 protection, arrest, retaking and reconfining of committed 18 persons or where the exercise of such power is necessary to 19 the investigation of such misconduct or violations. This 20 subsection shall not apply to persons committed to the 21 Department of Juvenile Justice under the Juvenile Court Act 22 of 1987 on aftercare release. 23 (j) To cooperate with other departments and agencies 24 and with local communities for the development of standards 25 and programs for better correctional services in this 26 State. HB4645- 8 -LRB101 15298 RLC 64475 b 1 (k) To administer all moneys and properties of the 2 Department. 3 (l) To report annually to the Governor on the committed 4 persons, institutions and programs of the Department. 5 (l-5) (Blank). 6 (m) To make all rules and regulations and exercise all 7 powers and duties vested by law in the Department. 8 (n) To establish rules and regulations for 9 administering a system of sentence credits, established in 10 accordance with Section 3-6-3, subject to review by the 11 Prisoner Review Board. 12 (o) To administer the distribution of funds from the 13 State Treasury to reimburse counties where State penal 14 institutions are located for the payment of assistant 15 state's attorneys' salaries under Section 4-2001 of the 16 Counties Code. 17 (p) To exchange information with the Department of 18 Human Services and the Department of Healthcare and Family 19 Services for the purpose of verifying living arrangements 20 and for other purposes directly connected with the 21 administration of this Code and the Illinois Public Aid 22 Code. 23 (q) To establish a diversion program. 24 The program shall provide a structured environment for 25 selected technical parole or mandatory supervised release 26 violators and committed persons who have violated the rules HB4645- 9 -LRB101 15298 RLC 64475 b 1 governing their conduct while in work release. This program 2 shall not apply to those persons who have committed a new 3 offense while serving on parole or mandatory supervised 4 release or while committed to work release. 5 Elements of the program shall include, but shall not be 6 limited to, the following: 7 (1) The staff of a diversion facility shall provide 8 supervision in accordance with required objectives set 9 by the facility. 10 (2) Participants shall be required to maintain 11 employment. 12 (3) Each participant shall pay for room and board 13 at the facility on a sliding-scale basis according to 14 the participant's income. 15 (4) Each participant shall: 16 (A) provide restitution to victims in 17 accordance with any court order; 18 (B) provide financial support to his 19 dependents; and 20 (C) make appropriate payments toward any other 21 court-ordered obligations. 22 (5) Each participant shall complete community 23 service in addition to employment. 24 (6) Participants shall take part in such 25 counseling, educational and other programs as the 26 Department may deem appropriate. HB4645- 10 -LRB101 15298 RLC 64475 b 1 (7) Participants shall submit to drug and alcohol 2 screening. 3 (8) The Department shall promulgate rules 4 governing the administration of the program. 5 (r) To enter into intergovernmental cooperation 6 agreements under which persons in the custody of the 7 Department may participate in a county impact 8 incarceration program established under Section 3-6038 or 9 3-15003.5 of the Counties Code. 10 (r-5) (Blank). 11 (r-10) To systematically and routinely identify with 12 respect to each streetgang active within the correctional 13 system: (1) each active gang; (2) every existing inter-gang 14 affiliation or alliance; and (3) the current leaders in 15 each gang. The Department shall promptly segregate leaders 16 from inmates who belong to their gangs and allied gangs. 17 "Segregate" means no physical contact and, to the extent 18 possible under the conditions and space available at the 19 correctional facility, prohibition of visual and sound 20 communication. For the purposes of this paragraph (r-10), 21 "leaders" means persons who: 22 (i) are members of a criminal streetgang; 23 (ii) with respect to other individuals within the 24 streetgang, occupy a position of organizer, 25 supervisor, or other position of management or 26 leadership; and HB4645- 11 -LRB101 15298 RLC 64475 b 1 (iii) are actively and personally engaged in 2 directing, ordering, authorizing, or requesting 3 commission of criminal acts by others, which are 4 punishable as a felony, in furtherance of streetgang 5 related activity both within and outside of the 6 Department of Corrections. 7 "Streetgang", "gang", and "streetgang related" have the 8 meanings ascribed to them in Section 10 of the Illinois 9 Streetgang Terrorism Omnibus Prevention Act. 10 (s) To operate a super-maximum security institution, 11 in order to manage and supervise inmates who are disruptive 12 or dangerous and provide for the safety and security of the 13 staff and the other inmates. 14 (t) To monitor any unprivileged conversation or any 15 unprivileged communication, whether in person or by mail, 16 telephone, or other means, between an inmate who, before 17 commitment to the Department, was a member of an organized 18 gang and any other person without the need to show cause or 19 satisfy any other requirement of law before beginning the 20 monitoring, except as constitutionally required. The 21 monitoring may be by video, voice, or other method of 22 recording or by any other means. As used in this 23 subdivision (1)(t), "organized gang" has the meaning 24 ascribed to it in Section 10 of the Illinois Streetgang 25 Terrorism Omnibus Prevention Act. 26 As used in this subdivision (1)(t), "unprivileged HB4645- 12 -LRB101 15298 RLC 64475 b 1 conversation" or "unprivileged communication" means a 2 conversation or communication that is not protected by any 3 privilege recognized by law or by decision, rule, or order 4 of the Illinois Supreme Court. 5 (u) To establish a Women's and Children's Pre-release 6 Community Supervision Program for the purpose of providing 7 housing and services to eligible female inmates, as 8 determined by the Department, and their newborn and young 9 children. 10 (u-5) To issue an order, whenever a person committed to 11 the Department absconds or absents himself or herself, 12 without authority to do so, from any facility or program to 13 which he or she is assigned. The order shall be certified 14 by the Director, the Supervisor of the Apprehension Unit, 15 or any person duly designated by the Director, with the 16 seal of the Department affixed. The order shall be directed 17 to all sheriffs, coroners, and police officers, or to any 18 particular person named in the order. Any order issued 19 pursuant to this subdivision (1) (u-5) shall be sufficient 20 warrant for the officer or person named in the order to 21 arrest and deliver the committed person to the proper 22 correctional officials and shall be executed the same as 23 criminal process. 24 (v) To do all other acts necessary to carry out the 25 provisions of this Chapter. 26 (2) The Department of Corrections shall by January 1, 1998, HB4645- 13 -LRB101 15298 RLC 64475 b 1consider building and operating a correctional facility within 2100 miles of a county of over 2,000,000 inhabitants, especially 3a facility designed to house juvenile participants in the 4impact incarceration program. 5 (3) When the Department lets bids for contracts for medical 6services to be provided to persons committed to Department 7facilities by a health maintenance organization, medical 8service corporation, or other health care provider, the bid may 9only be let to a health care provider that has obtained an 10irrevocable letter of credit or performance bond issued by a 11company whose bonds have an investment grade or higher rating 12by a bond rating organization. 13 (4) When the Department lets bids for contracts for food or 14commissary services to be provided to Department facilities, 15the bid may only be let to a food or commissary services 16provider that has obtained an irrevocable letter of credit or 17performance bond issued by a company whose bonds have an 18investment grade or higher rating by a bond rating 19organization. 20 (5) On and after the date 6 months after August 16, 2013 21(the effective date of Public Act 98-488), as provided in the 22Executive Order 1 (2012) Implementation Act, all of the powers, 23duties, rights, and responsibilities related to State 24healthcare purchasing under this Code that were transferred 25from the Department of Corrections to the Department of 26Healthcare and Family Services by Executive Order 3 (2005) are HB4645- 14 -LRB101 15298 RLC 64475 b 1transferred back to the Department of Corrections; however, 2powers, duties, rights, and responsibilities related to State 3healthcare purchasing under this Code that were exercised by 4the Department of Corrections before the effective date of 5Executive Order 3 (2005) but that pertain to individuals 6resident in facilities operated by the Department of Juvenile 7Justice are transferred to the Department of Juvenile Justice. 8(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.) 9 (Text of Section after amendment by P.A. 101-235) 10 Sec. 3-2-2. Powers and duties of the Department. 11 (1) In addition to the powers, duties, and responsibilities 12which are otherwise provided by law, the Department shall have 13the following powers: 14 (a) To accept persons committed to it by the courts of 15 this State for care, custody, treatment and 16 rehabilitation, and to accept federal prisoners and aliens 17 over whom the Office of the Federal Detention Trustee is 18 authorized to exercise the federal detention function for 19 limited purposes and periods of time. 20 (b) To develop and maintain reception and evaluation 21 units for purposes of analyzing the custody and 22 rehabilitation needs of persons committed to it and to 23 assign such persons to institutions and programs under its 24 control or transfer them to other appropriate agencies. The 25 Department must assign a committed person to an institution HB4645- 15 -LRB101 15298 RLC 64475 b 1 or facility that houses committed persons of his or her 2 biological sex, regardless of the gender with which the 3 committed person identifies. In consultation with the 4 Department of Alcoholism and Substance Abuse (now the 5 Department of Human Services), the Department of 6 Corrections shall develop a master plan for the screening 7 and evaluation of persons committed to its custody who have 8 alcohol or drug abuse problems, and for making appropriate 9 treatment available to such persons; the Department shall 10 report to the General Assembly on such plan not later than 11 April 1, 1987. The maintenance and implementation of such 12 plan shall be contingent upon the availability of funds. 13 (b-1) To create and implement, on January 1, 2002, a 14 pilot program to establish the effectiveness of 15 pupillometer technology (the measurement of the pupil's 16 reaction to light) as an alternative to a urine test for 17 purposes of screening and evaluating persons committed to 18 its custody who have alcohol or drug problems. The pilot 19 program shall require the pupillometer technology to be 20 used in at least one Department of Corrections facility. 21 The Director may expand the pilot program to include an 22 additional facility or facilities as he or she deems 23 appropriate. A minimum of 4,000 tests shall be included in 24 the pilot program. The Department must report to the 25 General Assembly on the effectiveness of the program by 26 January 1, 2003. HB4645- 16 -LRB101 15298 RLC 64475 b 1 (b-5) To develop, in consultation with the Department 2 of State Police, a program for tracking and evaluating each 3 inmate from commitment through release for recording his or 4 her gang affiliations, activities, or ranks. 5 (c) To maintain and administer all State correctional 6 institutions and facilities under its control and to 7 establish new ones as needed. Pursuant to its power to 8 establish new institutions and facilities, the Department 9 may, with the written approval of the Governor, authorize 10 the Department of Central Management Services to enter into 11 an agreement of the type described in subsection (d) of 12 Section 405-300 of the Department of Central Management 13 Services Law (20 ILCS 405/405-300). The Department shall 14 designate those institutions which shall constitute the 15 State Penitentiary System. 16 Pursuant to its power to establish new institutions and 17 facilities, the Department may authorize the Department of 18 Central Management Services to accept bids from counties 19 and municipalities for the construction, remodeling or 20 conversion of a structure to be leased to the Department of 21 Corrections for the purposes of its serving as a 22 correctional institution or facility. Such construction, 23 remodeling or conversion may be financed with revenue bonds 24 issued pursuant to the Industrial Building Revenue Bond Act 25 by the municipality or county. The lease specified in a bid 26 shall be for a term of not less than the time needed to HB4645- 17 -LRB101 15298 RLC 64475 b 1 retire any revenue bonds used to finance the project, but 2 not to exceed 40 years. The lease may grant to the State 3 the option to purchase the structure outright. 4 Upon receipt of the bids, the Department may certify 5 one or more of the bids and shall submit any such bids to 6 the General Assembly for approval. Upon approval of a bid 7 by a constitutional majority of both houses of the General 8 Assembly, pursuant to joint resolution, the Department of 9 Central Management Services may enter into an agreement 10 with the county or municipality pursuant to such bid. 11 (c-5) To build and maintain regional juvenile 12 detention centers and to charge a per diem to the counties 13 as established by the Department to defray the costs of 14 housing each minor in a center. In this subsection (c-5), 15 "juvenile detention center" means a facility to house 16 minors during pendency of trial who have been transferred 17 from proceedings under the Juvenile Court Act of 1987 to 18 prosecutions under the criminal laws of this State in 19 accordance with Section 5-805 of the Juvenile Court Act of 20 1987, whether the transfer was by operation of law or 21 permissive under that Section. The Department shall 22 designate the counties to be served by each regional 23 juvenile detention center. 24 (d) To develop and maintain programs of control, 25 rehabilitation and employment of committed persons within 26 its institutions. HB4645- 18 -LRB101 15298 RLC 64475 b 1 (d-5) To provide a pre-release job preparation program 2 for inmates at Illinois adult correctional centers. 3 (d-10) To provide educational and visitation 4 opportunities to committed persons within its institutions 5 through temporary access to content-controlled tablets 6 that may be provided as a privilege to committed persons to 7 induce or reward compliance. 8 (e) To establish a system of supervision and guidance 9 of committed persons in the community. 10 (f) To establish in cooperation with the Department of 11 Transportation to supply a sufficient number of prisoners 12 for use by the Department of Transportation to clean up the 13 trash and garbage along State, county, township, or 14 municipal highways as designated by the Department of 15 Transportation. The Department of Corrections, at the 16 request of the Department of Transportation, shall furnish 17 such prisoners at least annually for a period to be agreed 18 upon between the Director of Corrections and the Secretary 19 of Transportation. The prisoners used on this program shall 20 be selected by the Director of Corrections on whatever 21 basis he deems proper in consideration of their term, 22 behavior and earned eligibility to participate in such 23 program - where they will be outside of the prison facility 24 but still in the custody of the Department of Corrections. 25 Prisoners convicted of first degree murder, or a Class X 26 felony, or armed violence, or aggravated kidnapping, or HB4645- 19 -LRB101 15298 RLC 64475 b 1 criminal sexual assault, aggravated criminal sexual abuse 2 or a subsequent conviction for criminal sexual abuse, or 3 forcible detention, or arson, or a prisoner adjudged a 4 Habitual Criminal shall not be eligible for selection to 5 participate in such program. The prisoners shall remain as 6 prisoners in the custody of the Department of Corrections 7 and such Department shall furnish whatever security is 8 necessary. The Department of Transportation shall furnish 9 trucks and equipment for the highway cleanup program and 10 personnel to supervise and direct the program. Neither the 11 Department of Corrections nor the Department of 12 Transportation shall replace any regular employee with a 13 prisoner. 14 (g) To maintain records of persons committed to it and 15 to establish programs of research, statistics and 16 planning. 17 (h) To investigate the grievances of any person 18 committed to the Department and to inquire into any alleged 19 misconduct by employees or committed persons; and for these 20 purposes it may issue subpoenas and compel the attendance 21 of witnesses and the production of writings and papers, and 22 may examine under oath any witnesses who may appear before 23 it; to also investigate alleged violations of a parolee's 24 or releasee's conditions of parole or release; and for this 25 purpose it may issue subpoenas and compel the attendance of 26 witnesses and the production of documents only if there is HB4645- 20 -LRB101 15298 RLC 64475 b 1 reason to believe that such procedures would provide 2 evidence that such violations have occurred. 3 If any person fails to obey a subpoena issued under 4 this subsection, the Director may apply to any circuit 5 court to secure compliance with the subpoena. The failure 6 to comply with the order of the court issued in response 7 thereto shall be punishable as contempt of court. 8 (i) To appoint and remove the chief administrative 9 officers, and administer programs of training and 10 development of personnel of the Department. Personnel 11 assigned by the Department to be responsible for the 12 custody and control of committed persons or to investigate 13 the alleged misconduct of committed persons or employees or 14 alleged violations of a parolee's or releasee's conditions 15 of parole shall be conservators of the peace for those 16 purposes, and shall have the full power of peace officers 17 outside of the facilities of the Department in the 18 protection, arrest, retaking and reconfining of committed 19 persons or where the exercise of such power is necessary to 20 the investigation of such misconduct or violations. This 21 subsection shall not apply to persons committed to the 22 Department of Juvenile Justice under the Juvenile Court Act 23 of 1987 on aftercare release. 24 (j) To cooperate with other departments and agencies 25 and with local communities for the development of standards 26 and programs for better correctional services in this HB4645- 21 -LRB101 15298 RLC 64475 b 1 State. 2 (k) To administer all moneys and properties of the 3 Department. 4 (l) To report annually to the Governor on the committed 5 persons, institutions and programs of the Department. 6 (l-5) (Blank). 7 (m) To make all rules and regulations and exercise all 8 powers and duties vested by law in the Department. 9 (n) To establish rules and regulations for 10 administering a system of sentence credits, established in 11 accordance with Section 3-6-3, subject to review by the 12 Prisoner Review Board. 13 (o) To administer the distribution of funds from the 14 State Treasury to reimburse counties where State penal 15 institutions are located for the payment of assistant 16 state's attorneys' salaries under Section 4-2001 of the 17 Counties Code. 18 (p) To exchange information with the Department of 19 Human Services and the Department of Healthcare and Family 20 Services for the purpose of verifying living arrangements 21 and for other purposes directly connected with the 22 administration of this Code and the Illinois Public Aid 23 Code. 24 (q) To establish a diversion program. 25 The program shall provide a structured environment for 26 selected technical parole or mandatory supervised release HB4645- 22 -LRB101 15298 RLC 64475 b 1 violators and committed persons who have violated the rules 2 governing their conduct while in work release. This program 3 shall not apply to those persons who have committed a new 4 offense while serving on parole or mandatory supervised 5 release or while committed to work release. 6 Elements of the program shall include, but shall not be 7 limited to, the following: 8 (1) The staff of a diversion facility shall provide 9 supervision in accordance with required objectives set 10 by the facility. 11 (2) Participants shall be required to maintain 12 employment. 13 (3) Each participant shall pay for room and board 14 at the facility on a sliding-scale basis according to 15 the participant's income. 16 (4) Each participant shall: 17 (A) provide restitution to victims in 18 accordance with any court order; 19 (B) provide financial support to his 20 dependents; and 21 (C) make appropriate payments toward any other 22 court-ordered obligations. 23 (5) Each participant shall complete community 24 service in addition to employment. 25 (6) Participants shall take part in such 26 counseling, educational and other programs as the HB4645- 23 -LRB101 15298 RLC 64475 b 1 Department may deem appropriate. 2 (7) Participants shall submit to drug and alcohol 3 screening. 4 (8) The Department shall promulgate rules 5 governing the administration of the program. 6 (r) To enter into intergovernmental cooperation 7 agreements under which persons in the custody of the 8 Department may participate in a county impact 9 incarceration program established under Section 3-6038 or 10 3-15003.5 of the Counties Code. 11 (r-5) (Blank). 12 (r-10) To systematically and routinely identify with 13 respect to each streetgang active within the correctional 14 system: (1) each active gang; (2) every existing inter-gang 15 affiliation or alliance; and (3) the current leaders in 16 each gang. The Department shall promptly segregate leaders 17 from inmates who belong to their gangs and allied gangs. 18 "Segregate" means no physical contact and, to the extent 19 possible under the conditions and space available at the 20 correctional facility, prohibition of visual and sound 21 communication. For the purposes of this paragraph (r-10), 22 "leaders" means persons who: 23 (i) are members of a criminal streetgang; 24 (ii) with respect to other individuals within the 25 streetgang, occupy a position of organizer, 26 supervisor, or other position of management or HB4645- 24 -LRB101 15298 RLC 64475 b 1 leadership; and 2 (iii) are actively and personally engaged in 3 directing, ordering, authorizing, or requesting 4 commission of criminal acts by others, which are 5 punishable as a felony, in furtherance of streetgang 6 related activity both within and outside of the 7 Department of Corrections. 8 "Streetgang", "gang", and "streetgang related" have the 9 meanings ascribed to them in Section 10 of the Illinois 10 Streetgang Terrorism Omnibus Prevention Act. 11 (s) To operate a super-maximum security institution, 12 in order to manage and supervise inmates who are disruptive 13 or dangerous and provide for the safety and security of the 14 staff and the other inmates. 15 (t) To monitor any unprivileged conversation or any 16 unprivileged communication, whether in person or by mail, 17 telephone, or other means, between an inmate who, before 18 commitment to the Department, was a member of an organized 19 gang and any other person without the need to show cause or 20 satisfy any other requirement of law before beginning the 21 monitoring, except as constitutionally required. The 22 monitoring may be by video, voice, or other method of 23 recording or by any other means. As used in this 24 subdivision (1)(t), "organized gang" has the meaning 25 ascribed to it in Section 10 of the Illinois Streetgang 26 Terrorism Omnibus Prevention Act. HB4645- 25 -LRB101 15298 RLC 64475 b 1 As used in this subdivision (1)(t), "unprivileged 2 conversation" or "unprivileged communication" means a 3 conversation or communication that is not protected by any 4 privilege recognized by law or by decision, rule, or order 5 of the Illinois Supreme Court. 6 (u) To establish a Women's and Children's Pre-release 7 Community Supervision Program for the purpose of providing 8 housing and services to eligible female inmates, as 9 determined by the Department, and their newborn and young 10 children. 11 (u-5) To issue an order, whenever a person committed to 12 the Department absconds or absents himself or herself, 13 without authority to do so, from any facility or program to 14 which he or she is assigned. The order shall be certified 15 by the Director, the Supervisor of the Apprehension Unit, 16 or any person duly designated by the Director, with the 17 seal of the Department affixed. The order shall be directed 18 to all sheriffs, coroners, and police officers, or to any 19 particular person named in the order. Any order issued 20 pursuant to this subdivision (1) (u-5) shall be sufficient 21 warrant for the officer or person named in the order to 22 arrest and deliver the committed person to the proper 23 correctional officials and shall be executed the same as 24 criminal process. 25 (v) To do all other acts necessary to carry out the 26 provisions of this Chapter. HB4645- 26 -LRB101 15298 RLC 64475 b 1 (2) The Department of Corrections shall by January 1, 1998, 2consider building and operating a correctional facility within 3100 miles of a county of over 2,000,000 inhabitants, especially 4a facility designed to house juvenile participants in the 5impact incarceration program. 6 (3) When the Department lets bids for contracts for medical 7services to be provided to persons committed to Department 8facilities by a health maintenance organization, medical 9service corporation, or other health care provider, the bid may 10only be let to a health care provider that has obtained an 11irrevocable letter of credit or performance bond issued by a 12company whose bonds have an investment grade or higher rating 13by a bond rating organization. 14 (4) When the Department lets bids for contracts for food or 15commissary services to be provided to Department facilities, 16the bid may only be let to a food or commissary services 17provider that has obtained an irrevocable letter of credit or 18performance bond issued by a company whose bonds have an 19investment grade or higher rating by a bond rating 20organization. 21 (5) On and after the date 6 months after August 16, 2013 22(the effective date of Public Act 98-488), as provided in the 23Executive Order 1 (2012) Implementation Act, all of the powers, 24duties, rights, and responsibilities related to State 25healthcare purchasing under this Code that were transferred 26from the Department of Corrections to the Department of HB4645- 27 -LRB101 15298 RLC 64475 b 1Healthcare and Family Services by Executive Order 3 (2005) are 2transferred back to the Department of Corrections; however, 3powers, duties, rights, and responsibilities related to State 4healthcare purchasing under this Code that were exercised by 5the Department of Corrections before the effective date of 6Executive Order 3 (2005) but that pertain to individuals 7resident in facilities operated by the Department of Juvenile 8Justice are transferred to the Department of Juvenile Justice. 9(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; 10101-235, eff. 1-1-20.) 11 Section 95. No acceleration or delay. Where this Act makes 12changes in a statute that is represented in this Act by text 13that is not yet or no longer in effect (for example, a Section 14represented by multiple versions), the use of that text does 15not accelerate or delay the taking effect of (i) the changes 16made by this Act or (ii) provisions derived from any other 17Public Act.