98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1929

Introduced , by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

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

Amends the Unified Code of Corrections. Makes a technical change in a

Section concerning the organization of the Department of Corrections and

the Department of Juvenile Justice.

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A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Section 3-2-5 as follows:

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

7 Sec. 3-2-5. Organization of the Department of Corrections

8 and the Department of Juvenile Justice.

9 (a) There shall be a Department of Corrections which shall

10 be administered by a Director and~~and~~ an Assistant Director

11 appointed by the Governor under the Civil Administrative Code

12 of Illinois. The Assistant Director shall be under the

13 direction of the Director. The Department of Corrections shall

14 be responsible for all persons committed or transferred to the

15 Department under Sections 3-10-7 or 5-8-6 of this Code.

16 (b) There shall be a Department of Juvenile Justice which

17 shall be administered by a Director appointed by the Governor

18 under the Civil Administrative Code of Illinois. The Department

19 of Juvenile Justice shall be responsible for all persons under

20 17 years of age when sentenced to imprisonment and committed to

21 the Department under subsection (c) of Section 5-8-6 of this

22 Code, Section 5-10 of the Juvenile Court Act, or Section 5-750

23 of the Juvenile Court Act of 1987. Persons under 17 years of

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1 age committed to the Department of Juvenile Justice pursuant to

2 this Code shall be sight and sound separate from adult

3 offenders committed to the Department of Corrections.

4 (c) The Department shall create a gang intelligence unit

5 under the supervision of the Director. The unit shall be

6 specifically designed to gather information regarding the

7 inmate gang population, monitor the activities of gangs, and

8 prevent the furtherance of gang activities through the

9 development and implementation of policies aimed at deterring

10 gang activity. The Director shall appoint a Corrections

11 Intelligence Coordinator.

12 All information collected and maintained by the unit shall

13 be highly confidential, and access to that information shall be

14 restricted by the Department. The information shall be used to

15 control and limit the activities of gangs within correctional

16 institutions under the jurisdiction of the Illinois Department

17 of Corrections and may be shared with other law enforcement

18 agencies in order to curb gang activities outside of

19 correctional institutions under the jurisdiction of the

20 Department and to assist in the investigations and prosecutions

21 of gang activity. The Department shall establish and promulgate

22 rules governing the release of information to outside law

23 enforcement agencies. Due to the highly sensitive nature of the

24 information, the information is exempt from requests for

25 disclosure under the Freedom of Information Act as the

26 information contained is highly confidential and may be harmful

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1 if disclosed.

2 (Source: P.A. 97-800, eff. 7-13-12; 97-1083, eff. 8-24-12;

3 revised 9-20-12.)