2023 Illinois Compiled Statutes › Chapter 730 - CORRECTIONS › 730 ILCS 5/ - Unified Code of Corrections. › Chapter III - Department Of Corrections

(730 ILCS 5/Ch. III heading)
CHAPTER III.  
		DEPARTMENT OF CORRECTIONS
(730 ILCS 5/Ch. III Art. 1 heading)
ARTICLE 1.  
		DEFINITIONS
(730 ILCS 5/3-1-1) (from Ch. 38, par. 1003-1-1)
Sec. 3-1-1. 
		Meanings of Words and Phrases.
For the purposes of this Chapter, the words and phrases described in
this Article have the meanings designated in this Article, except when a
particular context clearly requires a different meaning.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the
person designated by the Director to exercise the powers and duties of the
Department of Corrections in regard to committed persons within
a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-3) "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the supervision of the Department of Juvenile Justice.
(a-5) "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3-3-7, paragraph (10) of subsection (a) of Section 5-6-3, and paragraph (18) of subsection (c) of Section 5-6-3.1 only  means:
(i) A violation of any of the following Sections of     the Criminal Code of 1961 or the Criminal Code of 2012: 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-14.4 (promoting juvenile prostitution), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.1B or 11-20.3 (aggravated child pornography), 11-1.40 or 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child).  An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections of     the Criminal Code of 1961 or the Criminal Code of 2012: 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or 12-14 (aggravated criminal sexual assault), 11-1.60 or 12-16 (aggravated criminal sexual abuse), and subsection (a) of Section 11-1.50 or subsection (a) of Section 12-15 (criminal sexual abuse).  An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections of     the Criminal Code of 1961 or the Criminal Code of 2012 when the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State     substantially equivalent to any offense listed in this subsection (a-5).
An offense violating federal law or the law of another state
that is substantially equivalent to any offense listed in this
 subsection (a-5) shall constitute a sex offense for the purpose of
this subsection (a-5).  A finding or adjudication as a sexually dangerous person under
any federal law or law of another state that is substantially equivalent to the
Sexually Dangerous Persons Act shall constitute an adjudication for a sex offense for  the
purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the Department,
however a committed person shall not be considered to be an employee of
the Department of Corrections for any purpose, including eligibility for
a pension, benefits, or any other compensation or rights or privileges which
may be provided to employees of the Department.
(c-5)  "Computer scrub software" means any third-party added software, designed to delete information from the computer unit, the hard drive, or other software, which would eliminate and prevent discovery of browser activity, including, but not limited to, Internet history, address bar or bars, cache or caches, and/or cookies, and which would over-write files in a way so as to make previous computer activity, including, but not limited to, website access,  more difficult to discover.
(c-10) "Content-controlled tablet" means any device that can only access visitation applications or content relating to educational or personal development.
(d) "Correctional institution or facility" means any building or
part of a building where committed persons are kept in a secured manner.
(d-5)  "Correctional officer" means: an
employee of the Department of Corrections who has custody and
control over committed persons in an adult correctional facility; or, for an employee of the  Department of Juvenile Justice, direct care staff of persons committed to a juvenile facility.
(e)  "Department" means both the Department of Corrections and the Department of Juvenile Justice of this State, unless the context is specific to either the Department of Corrections or the Department of Juvenile Justice.
(f) "Director" means both the Director of Corrections and the Director of Juvenile Justice, unless the context is specific to either the Director of Corrections or the Director of Juvenile Justice.
(f-5) (Blank).
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized absence
of a committed person from the custody of the Department.
(j) "Furlough" means an authorized leave of absence from the
Department of Corrections for a designated purpose and period of time.
(k) "Parole" means the conditional and revocable release
of a person committed to the Department of Corrections under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain prisoners
alleged to have violated Department rules with respect to good
time credits, to set release dates for certain prisoners
sentenced under the law in effect prior to February 1, 1978 (the effective
date of Public Act 80-1099), to hear and decide the time of aftercare release for persons committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 to hear requests and
make recommendations to the Governor with respect to pardon,
reprieve or commutation, to set conditions for parole, aftercare release, and
mandatory supervised release and determine whether violations
of those conditions justify revocation of parole or release,
and to assume all other functions previously exercised by the
Illinois Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections,
such term may be construed by the Department or Court, within
its discretion, to include treatment, service, or counseling by
a Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Code.
(n) "Victim" shall have the meaning ascribed to it in subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act.
(o) "Wrongfully imprisoned person" means a person who has been discharged from a prison of this State and

        has received:
(1) a pardon from the Governor stating that such     pardon is issued on the ground of innocence of the crime for which he or she was imprisoned; or
(2)        a certificate of innocence from the     Circuit Court as provided in Section 2-702 of the Code of Civil Procedure.(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
(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 noncitizens 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 Illinois     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.  The Department shall designate those institutions which shall constitute the State Penitentiary System. The Department of Juvenile Justice shall maintain and administer all State youth centers pursuant to subsection (d) of Section 3-2.5-20.
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.
(d-10)  To provide educational and visitation     opportunities to committed persons within its institutions through temporary access to content-controlled tablets that may be provided as a privilege to committed persons to induce or reward compliance.
(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 Secretary 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 and to inquire into any alleged misconduct by employees or committed persons; 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. This subsection shall not apply to persons committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 on aftercare release.
(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) (Blank).
(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 sentence 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.
(u-6) To appoint a point of contact person who shall     receive suggestions, complaints, or other requests to the Department from visitors to Department institutions or facilities and from other members of the public.
(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 have an investment grade or higher rating 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 have an investment grade or higher rating by a bond rating organization.
(5) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to  individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22.)
(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)
Sec. 3-2-2.2. (Repealed).
(Source: P.A. 86-1327. Repealed by P.A. 101-275, eff. 8-9-19.)
(730 ILCS 5/3-2-2.3)
Sec. 3-2-2.3. Voting rights information.
(a) The Department shall make available to a person in its custody current resource materials, maintained by the Illinois State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in the following formats:
(1) in print;
(2) on the Department's website; and
(3) in a visible location on the premises of each     Department facility where notices are customarily posted.
(b) The current resource materials described under subsection (a) shall be provided upon release of a person on parole, mandatory supervised release, final discharge, or pardon from the Department.
(Source: P.A. 101-442, eff. 1-1-20; 102-558, eff. 8-20-21.)
(730 ILCS 5/3-2-2.4)
Sec. 3-2-2.4. (Repealed).
(Source: P.A. 102-558, eff. 8-20-21. Repealed internally, eff. 1-1-22.)
(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 Sections 3-2-5 and 3-2-5.5 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. 100-527, eff. 6-1-18.)
(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 or the Director of Juvenile Justice 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, or the Director of Juvenile Justice shall notify in writing the Office of the State's Attorney which obtained the youth's conviction.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-2-4) (from Ch. 38, par. 1003-2-4)
Sec. 3-2-4. 
		Governor to Visit.
The Governor shall visit the institutions, facilities and programs of
the Department as often as he deems fit, for the purpose of examining into
the affairs and conditions of the Department.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
Sec. 3-2-5. Organization of the Department of Corrections and the Department of Juvenile Justice.
(a) There shall be a Department of Corrections which shall
be administered by a Director and an Assistant Director appointed by the Governor under
the Civil Administrative Code of Illinois. The Assistant Director shall be
under the direction of the Director. The Department of Corrections shall be
responsible for all persons committed or transferred to the Department
under Sections 3-10-7 or 5-8-6 of this Code.
(b)
There shall be a Department of Juvenile Justice which shall be administered by a Director appointed by the Governor under the Civil Administrative Code of Illinois.  The Department of Juvenile Justice shall be responsible for all persons under 18 years of age when sentenced to imprisonment and committed to the Department under subsection (c) of Section 5-8-6 of this Code, Section 5-10 of the Juvenile Court Act, or Section 5-750 of the Juvenile Court Act of 1987.  Persons under 18 years of age committed to the Department of Juvenile Justice pursuant to this Code shall be sight and sound separate from adult offenders  committed to the Department of Corrections.
(c) The Department shall create a gang intelligence unit under the
supervision of the Director.  The unit shall be specifically designed to gather
information regarding the inmate gang population, monitor the activities of
gangs, and prevent the furtherance of gang activities through the development
and implementation of policies aimed at deterring gang activity. The Director
shall appoint a Corrections Intelligence Coordinator.
All information collected and maintained by the unit shall be highly
confidential, and access to that information shall be restricted by the
Department.  The information
shall be used to control and limit the activities of gangs within correctional
institutions under the jurisdiction of the Illinois
Department of Corrections and may be shared with other law enforcement agencies
in order to curb gang activities outside of correctional institutions under the
jurisdiction of the Department and to assist in
the investigations and prosecutions of gang activity.  The Department shall
establish and promulgate rules governing the release of information to outside
law enforcement agencies.  Due to the highly sensitive nature of the
information, the information is exempt from requests for disclosure under the
Freedom
of Information Act as the information contained is highly confidential and may
be harmful if disclosed.
(Source: P.A. 98-463, eff. 8-16-13; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-2-5.5)
Sec. 3-2-5.5. Women's Division.
(a) As used in this Section:
"Gender-responsive" means taking into account gender     specific differences that have been identified in women-centered research, including, but not limited to, socialization, psychological development, strengths, risk factors, pathways through systems, responses to treatment intervention, and other unique gender specific needs facing justice-involved women. Gender responsive policies, practices, programs, and services shall be implemented in a manner that is considered relational, culturally competent, family-centered, holistic, strength-based, and trauma-informed.
"Trauma-informed practices"  means practices     incorporating gender violence research and the impact of all forms of trauma in designing and implementing policies, practices, processes, programs, and services that involve understanding, recognizing, and responding to the effects of all types of trauma with emphasis on physical, psychological, and emotional safety.
(b) The Department shall create a permanent Women's Division under the direct supervision of the Director. The Women's Division shall have statewide authority and operational oversight for all of the Department's women's correctional centers and women's adult transition centers.
(c) The Director shall appoint  a Chief Administrator for the Women's Division who has received nationally recognized specialized training in gender-responsive and trauma-informed practices. The Chief Administrator shall be responsible for:
(1) management and supervision of all employees     assigned to the Women's Division correctional centers and adult transition centers;
(2) development and implementation of evidence-based,     gender-responsive, and trauma-informed practices that govern Women's Division operations and programs;
(3) development of the Women's Division training,     orientation, and cycle curriculum, which shall be updated as needed to align with gender responsive and trauma-informed practices;
(4) training all staff assigned to the Women's     Division correctional centers and adult transition centers on gender-responsive and trauma-informed practices;
(5) implementation of validated gender-responsive     classification and placement instruments;
(6) implementation of a gender-responsive risk,     assets, and needs assessment tool and case management system for the Women's Division; and
(7) collaborating with the Chief Administrator of     Parole to ensure staff responsible for supervision of females under mandatory supervised release are appropriately trained in evidence-based practices in community supervision, gender-responsive practices, and trauma-informed practices.
(Source: P.A. 102-687, eff. 12-17-21.)
(730 ILCS 5/3-2-6) (from Ch. 38, par. 1003-2-6)
Sec. 3-2-6. Advisory Boards.
(a) There shall be an Advisory Board within the Department of Corrections composed of 11 persons, one of whom shall be a senior citizen age 60
or over, appointed by the Governor to advise the Director
on matters pertaining to adult offenders. The
members of the Boards shall be qualified for their positions by
demonstrated interest in and knowledge of adult and juvenile correctional
work and shall not be officials of the State in any other capacity. The
members first appointed under this amendatory  Act of 1984
shall serve for a term of 6 years and shall be appointed as soon as
possible after the effective date of this amendatory Act of 1984.  The
members of the Boards now serving shall complete their terms as appointed,
and thereafter members shall be appointed by the Governor to terms of 6
years. Any vacancy occurring shall be filled in the same manner for the
remainder of the term. The Director of Corrections and the Assistant
Directors
shall be ex-officio members of the Boards. Each Board shall elect a
chairman from among its appointed members. The Director shall serve as
secretary of each Board. Members of each Board shall serve without
compensation but shall be reimbursed for expenses necessarily incurred in
the performance of their duties. The Board shall meet quarterly and at
other times at the call of the chairman.
(b) The Boards shall advise the Director concerning policy matters and
programs of the Department with regard to the custody, care, study,
discipline, training and treatment of persons in the State correctional
institutions and for the care and supervision of persons released on parole.
(c) There shall be a Subcommittee on Women Offenders to the 
Advisory Board.  The Subcommittee shall be composed of 3 members of the
 Advisory Board appointed by the Chairman who shall designate one
member as the chairman of the Subcommittee.  Members of the Subcommittee
shall serve without compensation but shall be reimbursed for expenses
necessarily incurred in the performance of their duties.  The Subcommittee
shall meet no less often than quarterly and at other times at the call of its chairman.
The Subcommittee shall advise the Advisory Board and the
Director on all policy matters and programs of the Department with regard
to the custody, care, study, discipline, training and treatment of women in
the State correctional institutions and for the care and supervision of
women released on parole.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2-7) (from Ch. 38, par. 1003-2-7)
Sec. 3-2-7. Staff Training and Development.
(a) The Department shall train its own personnel and any personnel from
local agencies by agreements under Section 3-15-2.
(b) To develop and train its personnel, the Department may make grants
in aid for academic study and training in fields related to corrections.
The Department shall establish rules for the conditions and amounts of such
grants. The Department may employ any person during his program of studies
and may require the person to work for it on completion of his program
according to the agreement entered into between the person receiving the
grant and the Department.
(c) The Department shall implement a wellness program to

provide employees and staff with support to address both  professional and personal challenges as
they relate to the  correctional environment.  The Department shall establish  response teams to
provide comprehensive support to employees  and staff affected by events that are both duty-related
and  not duty-related and provide training to response team  members.  The wellness program shall
be accessible to any  Department employee, whether full-time or part-time,  contractual or
temporary staff and approved volunteers.  The  wellness program may include, but not limited to,
providing  information, education, referrals, peer support, debriefing,  and newsletters.  Employee
and staff access to wellness response team support shall be voluntary and remain  confidential.
(Source: P.A. 102-616, eff. 1-1-22.)
(730 ILCS 5/3-2-8) (from Ch. 38, par. 1003-2-8)
Sec. 3-2-8. 
		Research and Long Range Planning.
(a) The Department shall establish programs of research, statistics and
planning, including the study of its own performance concerning the
treatment of juveniles and adult offenders.
(b) The Department may conduct and supervise research into the causes,
detection and treatment of criminality, and disseminate such information to
the public and to governmental and private agencies.
(c) The Department may establish such joint research and information
facilities with governmental and private agencies as it shall determine,
and in furtherance thereof may accept financial and other assistance from
public or private sources.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-2-9) (from Ch. 38, par. 1003-2-9)
Sec. 3-2-9. 
Each fiscal year, the Department shall prepare and
submit to the clerk of the circuit court a financial impact statement that
includes the estimated annual and monthly cost of incarcerating an
individual in a Department facility and the estimated construction cost per
bed.  The estimated annual cost of incarcerating an individual in a
Department facility shall be derived by taking the annual expenditures of
Department of Corrections facilities and all administrative costs and dividing the sum
of these factors by the average annual inmate population of the facilities.
All statements shall be made available to the public for inspection and
copying.
(Source: P.A. 97-1083, eff. 8-24-12.)
(730 ILCS 5/3-2-10)
Sec. 3-2-10. 
		Badges. 
		The Director must authorize to each correctional
officer
and
parole officer and to any other employee of the Department exercising the
powers of a
peace officer a distinct badge that, on its face, (i) clearly states that the
badge is authorized
by the
Department and (ii) contains a unique identifying number.
No other badge shall be authorized by
the Department.
(Source: P.A. 91-883, eff. 1-1-01.)
(730 ILCS 5/3-2-10.5)
Sec. 3-2-10.5. Retiring security employees and parole agents; purchase of service firearm and badge. The Director shall establish a program to allow a security employee or parole agent of the Department who is honorably retiring in good standing to purchase either one or both of the following: (1) any badge previously issued to the security employee or parole agent by the Department; or (2) if the security employee or parole agent has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the security employee or parole agent by the Department. The badge must be permanently and conspicuously marked in such a manner that the individual who possesses the badge is not mistaken for an actively serving law enforcement officer. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 102-719, eff. 5-6-22.)
(730 ILCS 5/3-2-11)
Sec. 3-2-11. Web link to Department of Public Health information. On the Department's official Web site, the Department shall provide a link to the information provided to persons committed to the Department and those persons' family members and friends by the Department of Public Health pursuant to Section 2310-321 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.  Implementation of this Section is subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)
(730 ILCS 5/3-2-12)
Sec. 3-2-12. Report of violence in Department of Corrections institutions and facilities; public safety reports.
(a)  The Department of Corrections shall collect and report:
(1) data on a rate per 100 of committed persons     regarding violence within Department institutions and facilities as defined under the terms, if applicable, in  20 Ill. Adm. Code 504 as follows:
(A) committed person on committed person assaults;
(B) committed person on correctional staff         assaults;
(C) dangerous contraband, including weapons,         explosives, dangerous chemicals, or other dangerous weapons;
(D)   committed person on committed person fights;
(E) multi-committed person on single committed         person fights;
(F) committed person use of a weapon on         correctional staff;
(G)  committed person use of a weapon on         committed person;
(H)  sexual assault committed by a committed         person against another committed person, correctional staff, or visitor;
(I) sexual assault committed by correctional         staff against another correctional staff, committed person, or visitor;
(J) correctional staff use of physical force;
(K) forced cell extraction;
(L) use of oleoresin capsaicin (pepper spray),         2-chlorobenzalmalononitrile (CS gas), or other control agents or implements;
(M) committed person suicide and attempted         suicide;
(N) requests and placements in protective         custody; and
(O)  committed persons in segregation, secured         housing, and restrictive housing; and
(2) data on average length of stay in segregation,     secured housing, and restrictive housing.
(b)
The Department of Corrections shall collect and report:
(1)  data on a rate per 100 of committed persons     regarding public safety as follows:
(A)   committed persons released directly from         segregation secured housing and restrictive housing to the community;
(B) the types of housing facilities, whether         private residences, transitional housing, homeless shelters, or other, to which committed persons are released from Department correctional institutions and facilities;
(C) committed persons in custody who have         completed evidence-based programs, including:
(i)  educational;
(ii)  vocational;
(iii)  chemical dependency;
(iv)  sex offender treatment; or
(v) cognitive behavioral;
(D)  committed persons who are being held in         custody past their mandatory statutory release date and the reasons for their continued confinement;
(E) parole and mandatory supervised release         revocation rate by county and reasons for revocation; and
(F)  committed persons on parole or mandatory         supervised release who have completed evidence-based programs, including:
(A)  educational;
(B)  vocational;
(C)  chemical dependency;
(D)  sex offender treatment; or
(E)  cognitive behavioral; and
(2) data on the average daily population and vacancy     rate of each Adult Transition Center and work camp.
(c)  The data provided under subsections (a) and  (b) of this Section shall be included in the Department of Corrections quarterly report to the General Assembly under Section 3-5-3.1 of this Code and shall include an aggregate
chart at the agency level and individual reports by each correctional institution or facility of the Department of Corrections.
(d)  The Director of Corrections shall ensure that the agency level data is reviewed by the Director's  executive team on a quarterly basis. The correctional institution or facility's executive team and each chief administrative officer of the correctional institution or facility  shall examine statewide and
local data at least quarterly. During these reviews, each chief administrative officer shall:
(1)  identify trends;
(2)  develop action items to mitigate the root causes     of violence; and
(3)  establish committees at each correctional     institution or facility which shall review the violence data on a quarterly basis and develop action plans to reduce violence. These plans shall include a wide range of strategies to incentivize good conduct.
(Source: P.A. 100-907, eff. 1-1-19; 101-81, eff. 7-12-19.)
(730 ILCS 5/3-2-13)
Sec. 3-2-13. Possession of a Firearm Owner's Identification Card. The Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a Department employee authorized to possess firearms if the employee's Firearm Owner's Identification Card is revoked or seized because the employee has been a patient of a mental health facility and the employee has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing is this Section shall otherwise impair the Department's ability to determine an employee's fitness for duty. A collective bargaining agreement already in effect on this issue on the effective date of this amendatory Act of the 102nd General Assembly cannot be modified, but on or after the effective date of this amendatory Act of the 102nd General Assembly, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The Department shall document if and why an employee has been determined to pose a clear and present danger. In this Section, "mental health facility" and "qualified examiner" have the meanings provided in the Mental Health and Developmental Disabilities Code.
(Source: P.A. 102-645, eff. 1-1-22.)
(730 ILCS 5/3-2-14)
Sec. 3-2-14. Correctional officers of the Department of Corrections; coverage under the federal Law Enforcement Officers Safety Act of 2004. Correctional  officers of the Department of Corrections shall be deemed to be qualified law enforcement officers or, for retired correctional officers of the Department of Corrections, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the correctional officer or retired correctional officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois.
(Source: P.A. 102-779, eff. 1-1-23.)
(730 ILCS 5/Ch. III Art. 2.5 heading)
ARTICLE 2.5.  DEPARTMENT OF JUVENILE JUSTICE
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-1)
Sec. 3-2.5-1. Short title.  This Article 2.5 may be cited as the Department of Juvenile Justice Law.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-5)
Sec. 3-2.5-5. Purpose. The purpose of this Article is to create the Department of Juvenile Justice to provide  treatment and services through a comprehensive continuum of individualized educational, vocational, social, emotional, and basic life skills to enable youth to avoid delinquent futures and become productive, fulfilled citizens. The Department shall embrace the legislative policy of the State to promote the philosophy of balanced and restorative justice set forth in Section 5-101 of the Juvenile Court Act of 1987.
This amendatory Act of the 94th General Assembly transfers to the Department certain rights, powers, duties, and functions that were exercised by the Juvenile Division of the Department of Corrections before the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-10)
Sec. 3-2.5-10. Definitions. As used in this Article, unless the context otherwise requires:
"Department" means the Department of Juvenile Justice.
"Director" means the Director of Juvenile Justice. Any reference to the "Assistant Director of the Juvenile Division" or of a predecessor department or agency occurring in any law or instrument shall, beginning on the effective date of this amendatory Act of the 94th General Assembly, be construed to mean the Director of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-15)
Sec. 3-2.5-15. Department of Juvenile Justice; assumption of duties of the Juvenile Division.
(a) The Department of Juvenile Justice shall assume the rights, powers, duties, and responsibilities of the Juvenile Division of the Department of Corrections. Personnel, books, records, property, and unencumbered appropriations pertaining to the Juvenile Division of the Department of Corrections shall be transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. Any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer.
(b) Department of Juvenile Justice personnel who are hired by the Department on or after the effective date of this amendatory Act of the 94th General Assembly and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must: (1) be over the age of 21 and (2) have a high school diploma or equivalent and either (A) a bachelor's or advanced degree from an accredited college or university or  (B) 2 or more years of experience providing
direct care to youth in the form of residential care,
coaching, case management, or mentoring.    This requirement shall not apply to security, clerical, food service, and maintenance staff that do not have direct and regular contact with youth.  The degree requirements specified in this subsection (b) are not required of persons who provide vocational training and who have  adequate knowledge in the skill for which they are providing the  vocational training.
(c) Subsection (b) of this  Section does not apply to personnel transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(d) The Department shall be under the direction of the Director of Juvenile Justice as provided in this Code.
(e) The Director shall organize divisions within the Department and shall assign functions, powers, duties, and personnel as required by law. The Director may create other divisions and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department. The Director may, with the approval of the Office of the Governor, assign to and share functions, powers, duties, and personnel with other State agencies such that administrative services and administrative facilities are provided by a shared administrative service center. Where possible, shared services which impact youth should be done with child-serving agencies. These administrative services may include, but are not limited to, all of the following functions: budgeting, accounting related functions, auditing, human resources, legal, procurement, training, data collection and analysis, information technology, internal investigations, intelligence, legislative services, emergency response capability, statewide transportation services, and general office support.
(f) The Department of Juvenile Justice may enter into intergovernmental cooperation agreements under which minors adjudicated delinquent and committed to the Department of Juvenile Justice may participate in county juvenile impact incarceration programs established under Section 3-6039 of the Counties Code.
(g) The Department of Juvenile Justice must comply with the ethnic and racial background data collection procedures provided in Section 4.5 of the Criminal Identification Act.
(h) The Department of Juvenile Justice shall implement a wellness program to support health and wellbeing among staff and service providers within the Department of Juvenile Justice environment. The Department of Juvenile Justice shall establish response teams to provide support to employees and staff affected by events that are both duty-related and not duty-related and provide training to response team members. The Department's wellness program shall be accessible to any Department employee or service provider, including contractual employees and approved volunteers. The wellness program may include information sharing, education and activities designed to support health and well-being within the Department's environment. Access to
wellness response team support shall be voluntary and remain confidential.
(Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.)
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties.
(a) In addition to the powers, duties, and responsibilities which are otherwise provided by law or transferred to the Department as a result of this Article, the Department, as determined by the Director, shall have, but is not limited to, the following rights, powers, functions, and duties:
(1) To accept juveniles committed to it by the courts     of this State for care, custody, treatment, and rehabilitation.
(2) To maintain and administer all State juvenile     youth centers previously under the control of the Juvenile and Women's & Children Divisions of the Department of Corrections, and to establish and maintain youth centers as needed to meet the needs of the youth committed to its care.
(3) To identify the need for and recommend the     funding and implementation of an appropriate mix of programs and services within the juvenile justice continuum, including, but not limited to, prevention, nonresidential and residential commitment programs, day treatment, and conditional release programs and services, with the support of educational, vocational, alcohol, drug abuse, and mental health services where appropriate.
(3.5) To assist youth committed to the Department of     Juvenile Justice under the Juvenile Court Act of 1987 with successful reintegration into society, the Department shall retain custody and control of all adjudicated delinquent juveniles released under Section 3-2.5-85 or 3-3-10 of this Code, shall provide a continuum of post-release treatment and services to those youth, and shall supervise those youth during their release period in accordance with the conditions set by the Department or the Prisoner Review Board.
(4) To establish and provide transitional and     post-release treatment programs for juveniles committed to the Department. Services shall include, but are  not limited to:
(i) family and individual counseling and         treatment placement;
(ii) referral services to any other State or         local agencies;
(iii) mental health services;
(iv) educational services;
(v) family counseling services; and
(vi) substance abuse services.
(5) To access vital records of juveniles for the     purposes of providing necessary documentation for transitional services such as obtaining identification, educational enrollment, employment, and housing.
(6) To develop staffing and workload standards and     coordinate staff development and training appropriate for juvenile populations.
(6.5) To develop policies and procedures promoting     family engagement and visitation appropriate for juvenile populations.
(7) To develop, with the approval of the Office of     the Governor and the Governor's Office of Management and Budget, annual budget requests.
(8) To administer the Interstate Compact for     Juveniles, with respect to all juveniles under its jurisdiction, and to cooperate with the Department of Human Services with regard to all non-offender juveniles subject to the Interstate Compact for Juveniles.
(9) To decide the date of release on aftercare for     youth committed to the Department under Section 5-750 of the Juvenile Court Act of 1987.
(10) To set conditions of aftercare release for all     youth committed to the Department under the Juvenile Court Act of 1987.
(b) The Department may employ personnel in accordance with the Personnel Code and Section 3-2.5-15 of this Code, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to  individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
(d) To maintain and administer all State youth centers and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new youth centers 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. The Department shall designate those institutions which shall constitute the Youth Corrections 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 Juvenile Justice for the purposes of its serving as a youth center 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.
(Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21; 102-558, eff. 8-20-21.)
(730 ILCS 5/3-2.5-30)
Sec. 3-2.5-30. Discontinued Department and office; successor agency.
(a) The Juvenile Division of the Department of Corrections is abolished on the effective date of this amendatory Act of the 94th General Assembly.
(b) The term of the person then serving as the Assistant Director of the Juvenile Division of the Department of Corrections shall end on the effective date of this amendatory Act of the 94th General Assembly, and that office is abolished on that date.
(c) For the purposes of the Successor Agency Act, the Department of Juvenile Justice is declared to be the successor agency of the Juvenile Division of the Department of Corrections.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-35)
Sec. 3-2.5-35. Transfer of powers. Except as otherwise provided in this Article, all of the rights, powers, duties, and functions vested by law in the Juvenile Division of the Department of Corrections are transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-40)
Sec. 3-2.5-40. Transfer of personnel.
(a) Personnel employed by the school district of the Department of Corrections who work with youth under the age of 21 and personnel employed by the Juvenile Division of the Department of Corrections immediately preceding the effective date of this amendatory Act of the 94th General Assembly are transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(b) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this Article. Any rights of State employees affected by this Article shall be governed by the existing collective bargaining agreements.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-40.1)
Sec. 3-2.5-40.1. Training. The Department shall design training for its personnel and shall enter into agreements with the Department of Corrections or other State agencies and through them, if necessary, public and private colleges and universities, or private organizations to ensure that staff are trained to work with a broad range of youth and possess the skills necessary to assess, engage, educate, and intervene with youth in its custody in ways that are appropriate to ensure successful outcomes for those youth and their families pursuant to the mission of the Department. The training for Department personnel shall include courses in restorative practices. In this Section, "restorative practices"  means programs and activities based on a philosophical framework that emphasizes the need to repair harm through a process of mediation and peace circles in order to promote  empowerment and reparation.  The Department may adopt rules to implement the training, including the length and frequency  of the courses and the curriculum for the courses.
(Source: P.A. 100-157, eff. 1-1-18.)
(730 ILCS 5/3-2.5-45)
Sec. 3-2.5-45. Transfer of property. All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall be transferred and delivered to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-50)
Sec. 3-2.5-50. Rules and standards.
(a) The rules and standards of the Juvenile Division of the Department of Corrections that are in effect immediately prior to the effective date of this amendatory Act of the 94th General Assembly and pertain to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall become the rules and standards of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly and shall continue in effect until amended or repealed by the Department.
(b) Any rules pertaining to the rights, powers, duties, and functions transferred to the Department under this Article that have been proposed by the Juvenile Division of the Department of Corrections but have not taken effect or been finally adopted immediately prior to the effective date of this amendatory Act of the 94th General Assembly shall become proposed rules of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly, and any rulemaking procedures that have already been completed by the Juvenile Division of the Department of Corrections for those proposed rules need not be repeated.
(c) As soon as practical after the effective date of this amendatory Act of the 94th General Assembly, the Department of Juvenile Justice shall revise and clarify the rules transferred to it under this Article to reflect the reorganization of rights, powers, duties, and functions effected by this Article using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Department may propose and adopt under the Illinois Administrative Procedure Act such other rules as may be necessary to consolidate and clarify the rules of the agency reorganized by this Article.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-60)
Sec. 3-2.5-60. Savings provisions.
(a) The rights, powers, duties, and functions transferred to the Department of Juvenile Justice by this Article shall be vested in and exercised by the Department subject to the provisions of this Article. An act done by the Department of an officer, employee, or agent of the Department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the Juvenile Division of the Department of Corrections or an officer, employee, or agent of the Juvenile Division of the Department of Corrections.
(b) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not invalidate any previous action taken by or in respect to the Juvenile Division of the Department of Corrections or its officers, employees, or agents. References to the Juvenile Division of the Department of Corrections or its officers, employees, or agents in any document, contract, agreement, or law shall in appropriate contexts, be deemed to refer to the Department or its officers, employees, or agents.
(c) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions.
(d) With respect to matters that pertain to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article:
(1) Beginning on the effective date of this     amendatory Act of the 94th General Assembly, a report or notice that was previously required to be made or given by any person to the Juvenile Division of the Department of Corrections or any of its officers, employees, or agents shall be made or given in the same manner to the Department or its appropriate officer, employee, or agent.
(2) Beginning on the effective date of this     amendatory Act of the 94th General Assembly, a document that was previously required to be furnished or served by any person to or upon the Juvenile Division of the Department of Corrections or any of its officers, employees, or agents shall be furnished or served in the same manner to or upon the Department of Juvenile Justice or its appropriate officer, employee, or agent.
(e) This Article does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before the effective date of this amendatory Act of the 94th General Assembly. Any such action or proceeding that pertains to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article and that is pending on that date may be prosecuted, defended, or continued by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-2.5-61)
Sec. 3-2.5-61. Annual and other reports.
(a)    The Director shall make an annual electronic report to the Governor and General Assembly concerning persons committed to the Department, its institutions, facilities, and programs, of all moneys expended and received, and on what accounts expended and received no later than January 1 of each year.  The report shall include the ethnic and racial background data, not identifiable to an individual, of all persons committed to the Department, its institutions, facilities, programs, and outcome measures established with the Juvenile Advisory Board.
(b)     The Department of Juvenile Justice shall, by January 1, April 1, July 1, and October 1 of each year, electronically transmit to the Governor and General Assembly, a report which shall include the following information:
(1) the number of youth in each of the Department's     facilities and the number of youth on aftercare;
(2) the demographics of sex, age, race and ethnicity,     classification of offense,  and geographic location where the offense occurred;
(3) the educational and vocational programs provided     at each facility and the number of residents participating in each program;
(4) the present capacity levels in each facility;
(5) staff-to-youth ratios in accordance with the     federal Prison Rape Elimination Act (PREA) definitions;
(6) the number of reported assaults on staff at each     facility;
(7) the number of reported incidents of youth sexual     aggression towards staff at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive harassing language such as repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature; and
(8) the number of staff injuries resulting from youth     violence at each facility including descriptions of the nature and location of the injuries, the number of staff injuries requiring medical treatment at the facility, the number of staff injuries requiring outside medical treatment and the number of days off work per injury. For purposes of this Section, the definition of assault on staff includes, but is not limited to, kicking, punching, knocking down, harming or threatening to harm with improvised weapons, or throwing urine or feces at staff.
(c) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act.
(d) The Department shall:
(1)  establish a reasonable procedure for employees     to report work-related assaults and injuries. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace assault or injury;
(2) inform each employee:
(A)  of the procedure for reporting work-related         assaults and injuries;
(B)  of the right to report work-related assaults         and injuries; and
(C)  that the Department is prohibited from         discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and
(3) not discharge, discipline or in any manner     discriminate against any employee for reporting a work-related assault or injury.
(e)  For the purposes of paragraphs (7) and (8) of subsection (b) only, reports shall be filed beginning July 1, 2019 or the implementation of the Department's Offender 360 Program, whichever occurs first.
(Source: P.A. 100-1075, eff. 1-1-19; 101-159, eff. 1-1-20.)
(730 ILCS 5/3-2.5-65)
Sec. 3-2.5-65. Juvenile Advisory Board.
(a) There is created a Juvenile Advisory Board composed of 11 persons, appointed by the Governor to advise the Director on matters pertaining to juvenile offenders. The members of the Board shall be qualified for their positions by demonstrated interest in and knowledge of juvenile correctional work consistent with the definition of purpose and mission of the Department in Section 3-2.5-5 and shall not be officials of the State in any other capacity. The members under this amendatory Act of the 94th General Assembly shall be appointed as soon as possible after the effective date of this amendatory Act of the 94th General Assembly and be appointed to staggered terms 3 each expiring in 2007, 2008, and 2009 and 2 of the members' terms expiring in 2010. Thereafter all members will serve for a term of 6 years, except that members shall continue to serve until their replacements are appointed. Any vacancy occurring shall be filled in the same manner for the remainder of the term. The Director of Juvenile Justice shall be an ex officio member of the Board. The Board shall elect a chair from among its appointed members. The Director shall serve as secretary of the Board. Members of the Board shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties. The Board shall meet quarterly and at other times at the call of the chair.
(b) The Board shall:
(1) Advise the Director concerning policy matters and     programs of the Department with regard to the custody, care, study, discipline, training, and treatment of juveniles in the State juvenile correctional institutions and for the care and supervision of juveniles on aftercare release.
(2) Establish, with the Director and in conjunction     with the Office of the Governor, outcome measures for the Department in order to ascertain that it is successfully fulfilling the mission mandated in Section 3-2.5-5 of this Code. The annual results of the Department's work as defined by those measures shall be included in an annual report transmitted to the Governor and General Assembly by the Director.
(Source: P.A. 98-558, eff. 1-1-14; 99-255, eff. 1-1-16.)
(730 ILCS 5/3-2.5-70)
Sec. 3-2.5-70. Aftercare.
(a) The Department shall implement an aftercare program that includes, at a minimum, the following program elements:
(1) A process for developing and implementing a case     management plan for timely and successful reentry into the community beginning upon commitment.
(2) A process for reviewing committed youth for     recommendation for aftercare release.
(3) Supervision in accordance with the conditions set     by the Department or Prisoner Review Board and referral to and facilitation of community-based services including education, social and mental health services, substance abuse treatment, employment and vocational training, individual and family counseling, financial counseling, and other services as appropriate; and assistance in locating appropriate residential placement and obtaining suitable employment. The Department may purchase necessary services for a releasee if they are otherwise unavailable and the releasee is unable to pay for the services. It may assess all or part of the costs of these services to a releasee in accordance with his or her ability to pay for the services.
(4) Standards for sanctioning violations of     conditions of aftercare release that ensure that juvenile offenders face uniform and consistent consequences that hold them accountable taking into account aggravating and mitigating factors and prioritizing public safety.
(5) A process for reviewing youth on aftercare     release for discharge.
(b) The Department of Juvenile Justice shall have the following rights, powers, functions, and duties:
(1) To investigate alleged violations of an aftercare     releasee's conditions of 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 the procedures would provide evidence that the 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.
(2) To issue a violation warrant for the apprehension     of an aftercare releasee for violations of the conditions of aftercare release. Aftercare specialists and supervisors have the full power of peace officers in the retaking of any youth alleged to have violated the conditions of aftercare release.
(c) The Department of Juvenile Justice shall designate aftercare specialists qualified in juvenile matters to perform case management and post-release programming functions under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-2.5-75)
Sec. 3-2.5-75. Release from Department of Juvenile Justice.
(a) Upon release of a youth on aftercare, the Department shall return all property held for the youth, provide the youth with suitable clothing, and procure necessary transportation for the youth to his or her designated place of residence and employment. It may provide the youth with a grant of money for travel and expenses which may be paid in installments. The amount of the money grant shall be determined by the Department.
(b) Before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, the Department shall provide him or her with any documents necessary after discharge.
(c) The Department of Juvenile Justice may establish and maintain, in any institution it administers, revolving funds to be known as "Travel and Allowances Revolving Funds". These revolving funds shall be used for advancing travel and expense allowances to committed, released, and discharged youth. The moneys paid into these revolving funds shall be from appropriations to the Department for committed, released, and discharged prisoners.
(d) Upon the release of a youth on aftercare, the Department shall provide that youth with information concerning programs and services of the Department of Public Health to ascertain whether that youth has been exposed to the human immunodeficiency virus (HIV) or any identified causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a youth on aftercare or who has been wrongfully imprisoned, the Department shall verify the youth's full name, date of birth, and social security number.  If verification is made by the Department by obtaining a certified copy of the youth's birth certificate and the youth's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the youth.  If verification is done by means other than obtaining a certified copy of the youth's birth certificate and the youth's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State and shall provide that verification form to the youth.
(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907, eff. 7-1-17.)
(730 ILCS 5/3-2.5-80)
Sec. 3-2.5-80. Supervision on aftercare release.
(a) The Department shall retain custody of all youth placed on aftercare release or released under Section 3-2.5-85 or 3-3-10 of this Code. The Department shall supervise those youth during their aftercare release period in accordance with the conditions set by the Department or Prisoner Review Board.
(b) A copy of youth's conditions of aftercare release shall be signed by the youth and given to the youth and to his or her aftercare specialist who shall report on the youth's progress under the rules of the Department. Aftercare specialists and supervisors shall have the full power of peace officers  in the retaking of any releasee who has allegedly violated his or her aftercare release conditions. The aftercare specialist may request the Department of Juvenile Justice to issue a warrant for the arrest of any releasee who has allegedly violated his or her aftercare release conditions.
(c) The aftercare supervisor shall request the Department of Juvenile Justice to issue an aftercare release violation warrant, and the Department of Juvenile Justice shall issue an aftercare release violation warrant, under the following circumstances:
(1) if the releasee has a subsequent delinquency     petition filed against him or her alleging commission of an act that constitutes a felony using a firearm or knife;
(2) if the releasee is required to and fails to     comply with the requirements of the Sex Offender Registration Act;
(3) (blank); or
(4) if the releasee is on aftercare release for a     murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 2012, or any felony that requires registration as a sex offender under the Sex Offender Registration Act and a subsequent delinquency petition is filed against him or her alleging commission of an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony.
Personnel designated by the Department of Juvenile Justice or another peace officer may detain an alleged aftercare release violator until a warrant for his or her return to the Department of Juvenile Justice can be issued. The releasee may be delivered to any secure place until he or she can be transported to the Department of Juvenile Justice. The aftercare specialist or the Department of Juvenile Justice shall file a violation report with notice of charges with the Department.
(d) The aftercare specialist shall regularly advise and consult with the releasee and assist the youth in adjusting to community life in accord with this Section.
(e) If the aftercare releasee has been convicted of a sex offense as defined in the Sex Offender Management Board Act, the aftercare specialist shall periodically, but not less than once a month, verify that the releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7.
(f) The aftercare specialist shall keep those records as the Department may require. All records shall be entered in the master file of the youth.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-2.5-85)
Sec. 3-2.5-85. Eligibility for release; determination.
(a) Every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987, except those committed for first degree murder, shall be:
(1) Eligible for aftercare release without regard to     the length of time the youth has been confined or whether the youth has served any minimum term imposed.
(2) Placed on aftercare release on or before his or     her 20th birthday or upon completion of the maximum term of confinement ordered by the court under Section 5-710 of the Juvenile Court Act of 1987, whichever is sooner.
(3) Considered for aftercare release at least 30 days     prior to the expiration of the first year of confinement and at least annually thereafter.
(b)  Subsections (d) through (l) of this Section do not apply when a youth is released under paragraph (2) of subsection (a) of this Section or the youth's release is otherwise required by law or ordered by the court. Youth who have been tried as an adult and committed to the Department under Section 5-8-6 of this Code are only eligible for mandatory supervised release as an adult under Section 3-3-3 of this Code.
(c)  The Department shall establish a process for deciding the date of release on aftercare for every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987. The process shall include establishing a target release date upon commitment to the Department, the regular review and appropriate adjustment of the target release date, and the final release consideration at least 30 days prior to the youth's target release date.  The establishment, adjustment, and final consideration of the target release date shall include consideration of the following factors:
(1) the nature and seriousness of the youth's offense;
(2)  the likelihood the youth will reoffend or will     pose a danger to the community based on an assessment of the youth's risks, strengths, and behavior; and
(3) the youth's progress since being committed to the     Department.
The target release date for youth committed to the Department for first degree murder shall not precede the minimum period of confinement provided in Section 5-750 of the Juvenile Court Act of 1987. These youth shall be considered for release upon completion of their minimum term of confinement and at least annually thereafter. The target release date for youth committed to the Department as a Habitual Juvenile Offender or Violent Juvenile Offender under Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall be extended by not less than 12 months.
(d) If the youth being considered for aftercare release has a petition or any written submissions prepared on his or her behalf by an attorney or other representative, the attorney or representative for the youth must serve by certified mail the State's Attorney of the county where the youth was prosecuted with the petition or any written submissions 15 days prior to the youth's target release date.
(e) In making its determination of aftercare release, the Department shall consider:
(1) material transmitted to the Department by the     clerk of the committing court under Section 5-750 of the Juvenile Court Act of 1987;
(2) the report under Section 3-10-2;
(3) a report by the Department and any report by the     chief administrative officer of the institution or facility;
(4) an aftercare release progress report;
(5) a medical and psychological report, if available;
(6) material in writing, or on film, video tape or     other electronic means in the form of a recording submitted by the youth whose  aftercare release is being considered;
(7) material in writing, or on film, video tape or     other electronic means in the form of a recording or testimony submitted by the State's Attorney and the victim or a concerned citizen under the Rights of Crime Victims and Witnesses Act; and
(8) the youth's eligibility for commitment under the     Sexually Violent Persons Commitment Act.
(f) The prosecuting State's Attorney's office shall receive from the Department reasonable written notice not less than 30 days prior to the target release date and may submit relevant information by oral argument or testimony of victims and concerned citizens, or both, in writing, or on film, video tape or other electronic means or in the form of a recording to the Department for its consideration. The State's Attorney may waive the written notice of the target release date at any time. Upon written request of the State's Attorney's office, provided the request is received within 15 days of receipt of the written notice of the target release date, the Department shall hear protests to aftercare release. If a State's Attorney requests a protest hearing, the committed youth's attorney or other representative shall also receive notice of the request and a copy of any information submitted by the State's Attorney. This hearing shall take place prior to the youth's aftercare release.  The Department shall schedule the protest hearing date, providing at least 15 days' notice to the State's Attorney. If the protest hearing is rescheduled, the Department shall promptly notify the State's Attorney of the new date.
(g) The victim of the violent crime for which the youth has been sentenced shall receive notice of the target release date as provided in paragraph (4) of subsection (d) of Section 4.5 of the Rights of Crime Victims and Witnesses Act.
(h) The Department shall not release any material to the youth, the youth's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the youth's aftercare release, unless provided with a waiver from that objecting party. The Department shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system.
(i) Any recording considered under the provisions of paragraph (6) or (7) of subsection (e) or subsection (f) of this Section shall be in the form designated by the Department. The recording shall be both visual and aural. Every voice on the recording and person present shall be identified and the recording shall contain either a visual or aural statement of the person submitting the recording, the date of the recording, and the name of the youth whose aftercare release is being considered. The recordings shall be retained by the Department and shall be considered during any subsequent aftercare release decision if the victim or State's Attorney submits in writing a declaration clearly identifying the recording as representing the position of the victim or State's Attorney regarding the release of the youth.
(j) The Department shall not release a youth eligible for aftercare release if it determines that:
(1) there is a substantial risk that he or she will     not conform to reasonable conditions of aftercare release;
(2) his or her release at that time would deprecate     the seriousness of his or her offense or promote disrespect for the law; or
(3) his or her release would have a substantially     adverse effect on institutional discipline.
(k) The Department shall render its release decision and shall state the basis therefor both in the records of the Department and in written notice to the youth who was considered for aftercare release. In its decision, the Department shall set the youth's time for aftercare release, or if it denies aftercare release it shall provide for reconsideration of aftercare release not less frequently than once each year.
(l) The Department shall ensure all evaluations and proceedings under the Sexually Violent Persons Commitment Act are completed prior to any youth's release, when applicable.
(m)  Any youth whose aftercare release has been revoked by the Prisoner Review Board under Section 3-3-9.5 of this Code may be rereleased to the full aftercare release term by the Department at any time in accordance with this Section. Youth rereleased under this subsection shall be subject to Sections 3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5 of this Code.
(n) The Department shall adopt rules regarding the exercise of its discretion under this Section.
(Source: P.A. 102-350, eff. 8-13-21.)
(730 ILCS 5/3-2.5-90)
Sec. 3-2.5-90. Release to warrant or detainer.
(a) If a warrant or detainer is placed against a youth by the court or other authority of this or any other jurisdiction, the Department of Juvenile Justice shall inquire before the youth is considered for aftercare release whether the authority concerned intends to execute or withdraw the process if the youth is released.
(b) If the authority notifies the Department that it intends to execute the process when the youth is released, the Department shall advise the authority concerned of the sentence or disposition under which the youth is held, the time of eligibility for release, any decision of the Department relating to the youth and the nature of his or her adjustment during confinement, and shall give reasonable notice to the authority of the youth's release date.
(c) The Department may release a youth to a warrant or detainer. The Department may provide, as a condition of aftercare release, that if the charge or charges on which the warrant or detainer is based are dismissed or satisfied, prior to the expiration of the youth's aftercare release term, the authority to whose warrant or detainer he or she was released shall return him or her to serve the remainder of his or her aftercare release term.
(d) If a youth released to a warrant or detainer is thereafter sentenced to probation, or released on parole in another jurisdiction prior to the expiration of his or her aftercare release term in this State, the Department may permit the youth to serve the remainder of his or her term in either of the jurisdictions.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-2.5-95)
Sec. 3-2.5-95. Conditions of aftercare release.
(a) The conditions of aftercare release for all youth committed to the Department under the Juvenile Court Act of 1987  shall be such as the Department of Juvenile Justice deems necessary to assist the youth in leading a law-abiding life. The conditions of every aftercare release are that the youth:
(1) not violate any criminal statute of any     jurisdiction during the aftercare release term;
(2) refrain from possessing a firearm or other     dangerous weapon;
(3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit     the youth at his or her home, employment, or elsewhere to the extent necessary for the agent or aftercare specialist to discharge his or her duties;
(5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a     committed person in an Illinois Department of Corrections or Illinois Department of Juvenile Justice facility;
(7) report all arrests to an agent of the Department     as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department;
(8) obtain permission of an agent of the Department     before leaving the State of Illinois;
(9) obtain permission of an agent of the Department     before changing his or her residence or employment;
(10) consent to a search of his or her person,     property, or residence under his or her control;
(11) refrain from the use or possession of narcotics     or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by an agent of the Department;
(12) not frequent places where controlled substances     are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on     parole, aftercare release, or mandatory supervised release without prior written permission of his or her aftercare specialist and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it     relates to his or her adjustment in the community while on aftercare release or to his or her conduct while incarcerated, in response to inquiries by an agent of the Department;
(15) follow any specific instructions provided by the     agent  that are consistent with furthering conditions set and approved by the Department or by law to achieve the goals and objectives of his or her aftercare release or to protect the public; these instructions by the agent may be modified at any time, as the agent deems appropriate;
(16) comply with the terms and conditions of an order     of protection issued under the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued under the Civil No Contact Order Act; or a no contact order issued under the Stalking No Contact Order Act;
(17) if convicted of a sex offense as defined in the     Sex Offender Management Board Act, and a sex offender treatment provider has evaluated and recommended further sex offender treatment while on aftercare release, the youth shall undergo treatment by a sex offender treatment provider or associate sex offender provider as defined in the Sex Offender Management Board Act at his or her expense based on his or her ability to pay for the treatment;
(18) if convicted of a sex offense as defined in the     Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
(19) if convicted for an offense that would qualify     the offender as a sexual predator under the Sex Offender Registration Act wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the youth's aftercare release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child when the victim was under 18 years of age at the time of the commission of the offense and the offender used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the youth's aftercare release term;
(20) if convicted for an offense that would qualify     the offender as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the offender and whom the offender reasonably believes to be under 18 years of age; for purposes of this paragraph (20), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the offender if the person is not: (A) the spouse, brother, or sister of the offender; (B) a descendant of the offender; (C) a first or second cousin of the offender; or (D) a step-child or adopted child of the offender;
(21) if convicted under Section 11-6, 11-20.1,     11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
(22) if convicted for an offense that would qualify     the offender as a sex offender or sexual predator under the Sex Offender Registration Act, not possess prescription drugs for erectile dysfunction;
(23) if convicted for an offense under Section 11-6,     11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses:
(A) not access or use a computer or any other         device with Internet capability without the prior written approval of the Department;
(B) submit to periodic unannounced examinations         of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
(C) submit to the installation on the youth's         computer or device with Internet capability, at the youth's expense, of one or more hardware or software systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions         concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist;
(24) if convicted of a sex offense as defined in the     Sex Offender Registration Act, refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
(25) if convicted of a sex offense as defined in     Section 2 of the Sex Offender Registration Act that requires the youth to register as a sex offender under that Act, not knowingly use any computer scrub software on any computer that the youth uses;
(26) if convicted of a sex offense as defined in     subsection (a-5) of Section 3-1-2 of this Code, unless the youth is a parent or guardian of a person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
(27) if convicted of a violation of an order of     protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code; and
(28) if convicted of a violation of the     Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
(A) prohibited from purchasing, possessing, or         having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or          having under his or her control any product containing ammonium nitrate.
(b) The Department may in addition to other conditions require that the youth:
(1) work or pursue a course of study or vocational     training;
(2) undergo medical or psychiatric treatment, or     treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for     the instruction or residence of persons on probation or aftercare release;
(4) support his or her dependents;
(5) if convicted for an offense that would qualify     the youth as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the youth and whom the youth reasonably believes to be under 18 years of age; for purposes of this paragraph (5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the youth if the person is: (A) the spouse, brother, or sister of the youth; (B) a descendant of the youth; (C) a first or second cousin of the youth; or (D) a step-child or adopted child of the youth;
(6) if convicted for an offense that would qualify as     a sex offense as defined in the Sex Offender Registration Act:
(A) not access or use a computer or any other         device with Internet capability without the prior written approval of the Department;
(B) submit to periodic unannounced examinations         of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
(C) submit to the installation on the youth's         computer or device with Internet capability, at the youth's offender's expense, of one or more hardware or software systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions         concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist; and
(7) in addition to other conditions:
(A) reside with his or her parents or in a foster         home;
(B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home         or in a foster home.
(c) In addition to the conditions under subsections (a) and (b) of this Section, youths required to register as sex offenders under the Sex Offender Registration Act, upon release from the custody of the Department of Juvenile Justice, may be required by the Department to comply with the following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender     Registration Act;
(3) notify third parties of the risks that may be     occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department     prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
(5) not be employed or participate in any volunteer     activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department;
(6) be electronically monitored for a specified     period of time from the date of release as determined by the Department;
(7) refrain from entering into a designated     geographic area except upon terms approved in advance by an agent of the Department; these terms may include consideration of the purpose of the entry, the time of day, and others accompanying the youth;
(8) refrain from having any contact, including     written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department;
(9) refrain from all contact, directly or indirectly,     personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department;
(10) neither possess or have under his or her control     any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including, but not limited to, visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
(11) not patronize any business providing sexually     stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,     schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department and immediately report any incidental contact with minor children to the Department;
(13) not possess or have under his or her control     certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department;
(14) may be required to provide a written daily log     of activities if directed by an agent of the Department;
(15) comply with all other special conditions that     the Department may impose that restrict the youth from high-risk situations and limit access to potential victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of an agent of the     Department before driving alone in a motor vehicle.
(d) The conditions under which the aftercare release is to be served shall be communicated to the youth in writing prior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a copy of an order of protection if one had been issued by the criminal court, shall be retained by the youth and another copy forwarded to the officer or aftercare specialist in charge of his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the Department of Juvenile Justice may modify or enlarge the conditions of aftercare release.
(f) The Department shall inform all youth of the optional services available to them upon release and shall assist youth in availing themselves of the optional services upon their release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-2.5-100)
Sec. 3-2.5-100. Length of aftercare release; discharge.
(a) The aftercare release term of a youth committed to the Department under the Juvenile Court Act of 1987 shall be as set out in Section 5-750 of the Juvenile Court Act of 1987, unless sooner terminated under subsection (b) of this Section, as otherwise provided by law, or as ordered by the court.  The aftercare release term of youth committed to the Department as a habitual or violent juvenile offender under Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall continue until the youth's 21st birthday unless sooner terminated under subsection (c) of this Section, as otherwise provided by law, or as ordered by the court.
(b) Provided that the youth is in compliance with the terms and conditions of his or her aftercare release, the Department of Juvenile Justice may reduce the period of a releasee's aftercare release by 90 days upon the releasee receiving a high school diploma or upon passage of high school equivalency testing during the period of his or her aftercare release. This reduction in the period of a youth's term of aftercare release shall be available only to youth who have not previously earned a high school diploma or who have not previously passed high school equivalency testing.
(c) The Department of Juvenile Justice may discharge a youth from aftercare release and his or her commitment to the Department in accordance with subsection (3) of Section 5-750 of the Juvenile Court Act of 1987, if it determines that he or she is likely to remain at liberty without committing another offense.
(d) Upon the discharge of a youth, the Department may
continue to provide services to the youth for up to 12 months
to allow the youth to participate in vocational,
rehabilitative, or supportive programs. The continuance of
services may be requested by the youth, the youth's parent or
guardian, or the Director of Juvenile Justice.
(Source: P.A. 103-290, eff. 7-28-23.)
(730 ILCS 5/3-2.5-110)
Sec. 3-2.5-110. State Compact Administrator. A State Compact Administrator for the Interstate Compact for Juveniles shall be appointed by the Governor. The Juvenile State Compact Administrator shall be a representative of the Illinois Department of Juvenile Justice and shall act as the day-to-day administrator for the Interstate Compact for Juveniles. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Juveniles, as provided in Article III of the Compact.  One Deputy State Compact Administrator from probation shall be appointed by the Supreme Court. A second Deputy State Compact Administrator shall be appointed by the Department of Human Services.
(Source: P.A. 95-937, eff. 8-26-08.)
(730 ILCS 5/Ch. III Art. 2.7 heading)
ARTICLE 2.7.  DEPARTMENT OF JUVENILE JUSTICE
INDEPENDENT JUVENILE OMBUDSPERSON
(Source: P.A. 103-22, eff. 8-8-23.)
(730 ILCS 5/3-2.7-1)
Sec. 3-2.7-1. Short title. This Article may be cited as the Department of Juvenile Justice Independent Juvenile Ombudsperson Law.
(Source: P.A. 103-22, eff. 8-8-23.)
(730 ILCS 5/3-2.7-5)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-5. Purpose. The purpose of this Article  is to create within the Department of Juvenile Justice the Office of Independent Juvenile Ombudsperson for the purpose of securing the rights of youth committed to the Department of Juvenile Justice, including youth released on aftercare before final discharge.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-5. Purpose. The purpose of this Article  is to create within the Department of Juvenile Justice the Office of Independent Juvenile Ombudsman for the purpose of securing the rights of youth committed to the Department of Juvenile Justice and county-operated juvenile detention centers, including youth released on aftercare before final discharge.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-10)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-10. Definitions. In this Article, unless the context requires otherwise:
"Department" means the Department of Juvenile Justice.
"Immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling.
"Juvenile justice system" means all activities by public or private agencies or persons pertaining to youth involved in or having contact with the police, courts, or corrections.
"Office" means the Office of the Independent Juvenile Ombudsperson.
"Ombudsperson" means the Department of Juvenile Justice Independent Juvenile Ombudsperson.
"Youth" means any person committed by court order to the custody of the Department of Juvenile Justice, including youth released on aftercare before final discharge.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-10. Definitions. In this Article, unless the context requires otherwise:
"County-operated juvenile detention center" means any shelter care home or detention home as "shelter" and "detention" are defined in Section 1.1 of the County Shelter Care and Detention Home Act and any other facility that detains youth in the juvenile justice system that is specifically designated to detain or incarcerate youth. "County-operated juvenile detention center" does not include police or other temporary law enforcement holding locations.
"Department" means the Department of Juvenile Justice.
"Immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling.
"Juvenile justice system" means all activities by public or private agencies or persons pertaining to youth involved in or having contact with the police, courts, or corrections.
"Office" means the Office of the Independent Juvenile Ombudsman.
"Ombudsman" means the Department of Juvenile Justice Independent Juvenile Ombudsman.
"Youth" means any person committed by court order to the custody of the Department of Juvenile Justice or a county-operated juvenile detention center, including youth released on aftercare before final discharge.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-15)
Sec. 3-2.7-15. Appointment of Independent Juvenile Ombudsperson. The Governor shall appoint the Independent Juvenile Ombudsperson with the advice and consent of the Senate for a term of 4 years, with the first term expiring February 1, 2017.  A person appointed as Ombudsperson may be reappointed to one or more subsequent terms. A vacancy shall occur upon resignation, death, or removal.  The Ombudsperson may only be removed by the Governor for incompetency, malfeasance, neglect of duty, or conviction of a felony.  If the Senate is not in session or is in recess when an appointment subject to its confirmation is made, the Governor shall make a temporary appointment which shall be subject to subsequent Senate approval.

The Ombudsperson may employ deputies to perform, under the direction of the Ombudsperson, the same duties and exercise the same powers as the Ombudsperson, and may employ other support staff as deemed necessary.  The Ombudsperson and deputies must:
(1) be over the age of 21 years;
(2) have a bachelor's or advanced degree from an     accredited college or university; and
(3) have relevant  expertise in areas such as the     juvenile justice system, investigations, or civil rights advocacy as evidenced by experience in the field or by academic background.
(Source: P.A. 103-22, eff. 8-8-23.)
(730 ILCS 5/3-2.7-20)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsperson or as a deputy if the person or the person's immediate family or household member:
(1) is or has been employed by the Department of     Juvenile Justice or Department of Corrections within one year prior to appointment, other than as Ombudsperson or Deputy Ombudsperson;
(2) participates in the management of a business     entity or other organization receiving funds from the Department of Juvenile Justice;
(3) owns or controls, directly or indirectly, any     interest in a business entity or other organization receiving funds from the Department of Juvenile Justice;
(4) uses or receives any amount of tangible goods,     services, or funds from the Department of Juvenile Justice, other than as Ombudsperson or Deputy Ombudsperson; or
(5) is required to register as a lobbyist for an     organization that interacts with the juvenile justice system. 
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsman or as a deputy if the person or the person's immediate family or household member:
(1) is or has been employed by the Department of     Juvenile Justice, Department of Corrections, or a county-operated juvenile detention center within one year prior to appointment, other than as Ombudsman or Deputy Ombudsman;
(2) participates in the management of a business     entity or other organization receiving funds from the Department of Juvenile Justice or a county-operated juvenile detention center;
(3) owns or controls, directly or indirectly, any     interest in a business entity or other organization receiving funds from the Department of Juvenile Justice or a county-operated juvenile detention center;
(4) uses or receives any amount of tangible goods,     services, or funds from the Department of Juvenile Justice or a county-operated juvenile detention center, other than as Ombudsman or Deputy Ombudsman; or
(5) is required to register as a lobbyist for an     organization that interacts with the juvenile justice system.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-25)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-25. Duties and powers.
(a) The Independent Juvenile Ombudsperson shall function independently within the Department of Juvenile Justice with respect to the operations of the Office in performance of the Ombudsperson's duties under this Article and shall report to the Governor. The Ombudsperson shall adopt rules and standards as may be
necessary or desirable to carry out the Ombudsperson's duties. Funding
for the Office shall be designated separately within
 Department funds. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsperson.
(b) The Office of Independent Juvenile Ombudsperson shall have
the following duties:
(1) review and monitor the implementation of the     rules     and standards established by the Department of Juvenile     Justice and evaluate the delivery of services to youth to     ensure that the rights of youth are fully observed;
(2) provide assistance to a youth or family whom the         Ombudsperson determines is in need of assistance, including     advocating with an agency, provider, or other person in the     best interests of the youth;
(3) investigate and attempt to resolve complaints     made by or on behalf of youth, other than     complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office     determines that the investigation and resolution would further the purpose of the Office, and:
(A) a youth committed to the Department of         Juvenile         Justice or the youth's family is in need of         assistance from the Office; or
(B) a systemic issue in the Department of         Juvenile         Justice's provision of services is raised by a         complaint;
(4) review or inspect periodically the facilities and         procedures of any facility in which a youth has been placed     by the Department of Juvenile Justice to ensure that the     rights of youth are fully observed; and
(5) be accessible to and meet confidentially and     regularly with youth committed to the Department and serve   as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.
(c) The following cases shall be reported immediately to
the Director of Juvenile Justice and the Governor:
(1) cases of severe abuse or injury of a youth;
(2) serious misconduct, misfeasance, malfeasance, or     serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice program or operation;
(3) serious problems concerning the delivery of        services in a facility operated by or under contract with the Department of Juvenile Justice;
(4) interference by the Department of Juvenile     Justice with an investigation conducted by the Office; and
(5) other cases as deemed necessary by the     Ombudsperson.
(d)     Notwithstanding any other provision of law, the

Ombudsperson may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the
Ombudsperson determines that a possible criminal act has been
committed, or that special expertise is required in the

investigation, the Ombudsperson shall immediately notify the
Illinois State Police. If the Ombudsperson determines that a possible violation of the State Officials and Employees Ethics Act has occurred, the Ombudsperson shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation.  If the Ombudsperson receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsperson shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act.  Any investigation conducted by the
Ombudsperson shall not be duplicative and shall be separate from

any investigation mandated by the Abused and Neglected Child
Reporting Act.

All investigations conducted by the Ombudsperson shall be
conducted in a manner designed to ensure the preservation of
evidence for possible use in a criminal prosecution.
(e) In performance of the Ombudsperson's duties,  the

Ombudsperson may:
(1) review court files of youth;
(2) recommend policies, rules, and legislation     designed to protect youth;
(3) make appropriate referrals under any of the     duties and powers listed in this Section;
(4) attend internal administrative and disciplinary     hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and
(5) perform other acts, otherwise permitted or     required by law, in furtherance of the purpose of the Office.
(f) To assess if a youth's rights have been violated, the

Ombudsperson may, in any matter that does not involve alleged
criminal behavior, contact or consult with an administrator,
employee, youth, parent, expert, or any other individual in the
course of the Ombudsperson's investigation or to secure information as
necessary to fulfill the Ombudsperson's duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-25. Duties and powers.
(a) The Independent Juvenile Ombudsman shall function independently within the Department of Juvenile Justice and county-operated juvenile detention centers with respect to the operations of the Office in performance of his or her duties under this Article and shall report to the Governor and to local authorities as provided in Section 3-2.7-50. The Ombudsman shall adopt rules and standards as may be
necessary or desirable to carry out his or her duties. Funding
for the Office shall be designated separately within
 Department funds and shall include funds for operations at county-operated juvenile detention centers. The Department shall provide necessary administrative services and facilities to the Office of the Independent Juvenile Ombudsman. County-operated juvenile detention centers shall provide necessary administrative services and space, upon request, inside the facility to the Office of the Independent Juvenile Ombudsman to meet confidentially with youth and otherwise in performance of his or her duties under this Article.
(b) The Office of Independent Juvenile Ombudsman shall have
the following duties:
(1) review and monitor the implementation of the     rules     and standards established by the Department of Juvenile     Justice and county-operated juvenile detention centers and evaluate the delivery of services to youth to     ensure that the rights of youth are fully observed;
(2) provide assistance to a youth or family whom the         Ombudsman determines is in need of assistance, including     advocating with an agency, provider, or other person in the     best interests of the youth;
(3) investigate and attempt to resolve complaints     made by or on behalf of youth, other than     complaints alleging criminal behavior or violations of the State Officials and Employees Ethics Act, if the Office     determines that the investigation and resolution would further the purpose of the Office, and:
(A) a youth committed to the Department of         Juvenile         Justice or a county-operated juvenile detention center or the youth's family is in need of         assistance from the Office; or
(B) a systemic issue in the Department of         Juvenile         Justice's or county-operated juvenile detention center's provision of services is raised by a         complaint;
(4) review or inspect periodically the facilities and         procedures of any county-operated juvenile detention center or any facility in which a youth has been placed     by the Department of Juvenile Justice to ensure that the     rights of youth are fully observed; and
(5) be accessible to and meet confidentially and     regularly with youth committed to the Department or a county-operated juvenile detention center and serve   as a resource by informing them of pertinent laws, rules, and policies, and their rights thereunder.
(c) The following cases shall be reported immediately to
the Director of Juvenile Justice and the Governor, and for cases that arise in county-operated juvenile detention centers, to the chief judge of the applicable judicial circuit and the Director of the Administrative Office of the Illinois Courts:
(1) cases of severe abuse or injury of a youth;
(2) serious misconduct, misfeasance, malfeasance, or     serious violations of policies and procedures concerning the administration of a Department of Juvenile Justice or county-operated juvenile detention center program or operation;
(3) serious problems concerning the delivery of        services in a county-operated juvenile detention center or a facility operated by or under contract with the Department of Juvenile Justice;
(4) interference by the Department of Juvenile     Justice or county-operated juvenile detention center with an investigation conducted by the Office; and
(5) other cases as deemed necessary by the Ombudsman.
(d)     Notwithstanding any other provision of law, the

Ombudsman may not investigate alleged criminal behavior or violations of the State Officials and Employees Ethics Act. If the
Ombudsman determines that a possible criminal act has been
committed, or that special expertise is required in the

investigation, he or she shall immediately notify the
Illinois State Police. If the Ombudsman determines that a possible violation of the State Officials and Employees Ethics Act has occurred, he or she shall immediately refer the incident to the Office of the Governor's Executive Inspector General for investigation.  If the Ombudsman receives a complaint from a youth or third party regarding suspected abuse or neglect of a child, the Ombudsman shall refer the incident to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act.  Any investigation conducted by the
Ombudsman shall not be duplicative and shall be separate from

any investigation mandated by the Abused and Neglected Child
Reporting Act.

All investigations conducted by the Ombudsman shall be
conducted in a manner designed to ensure the preservation of
evidence for possible use in a criminal prosecution.
(e) In performance of his or her duties,  the

Ombudsman may:
(1) review court files of youth;
(2) recommend policies, rules, and legislation     designed to protect youth;
(3) make appropriate referrals under any of the     duties and powers listed in this Section;
(4) attend internal administrative and disciplinary     hearings to ensure the rights of youth are fully observed and advocate for the best interest of youth when deemed necessary; and
(5) perform other acts, otherwise permitted or     required by law, in furtherance of the purpose of the Office.
(f) To assess if a youth's rights have been violated, the

Ombudsman may, in any matter that does not involve alleged
criminal behavior, contact or consult with an administrator,
employee, youth, parent, expert, or any other individual in the
course of his or her investigation or to secure information as
necessary to fulfill his or her duties.
(Source: P.A. 102-538, eff. 8-20-21; 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-30)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-30. Duties of the Department of Juvenile Justice.
(a) The Department of Juvenile Justice shall allow any youth to communicate with the Ombudsperson or a deputy at any time. The communication:
(1) may be in person, by phone, by mail, or by any     other means deemed appropriate in light of security concerns; and
(2) is confidential and privileged.
(b) The Department shall allow the Ombudsperson and deputies full and unannounced access to youth and Department facilities at any time.  The Department shall furnish the Ombudsperson and deputies with appropriate meeting space in each facility in order to preserve confidentiality.
(c)  The Department shall allow the Ombudsperson and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice as practical and to attend appropriate professional training when requested by the Ombudsperson.
(d)  The Department shall provide the Ombudsperson copies of critical incident reports involving a youth residing in a facility operated by the Department.  Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes.
(e)  The Department shall provide the Ombudsperson with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department.
(f)  The Department of Juvenile Justice may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsperson or cooperates with the Office.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-30. Duties of the Department of Juvenile Justice or county-operated juvenile detention center.
(a) The Department of Juvenile Justice and every county-operated juvenile detention center shall allow any youth to communicate with the Ombudsman or a deputy at any time. The communication:
(1) may be in person, by phone, by mail, or by any     other means deemed appropriate in light of security concerns; and
(2) is confidential and privileged.
(b) The Department and county-operated juvenile detention centers shall allow the Ombudsman and deputies full and unannounced access to youth and Department facilities and county-operated juvenile detention centers at any time.  The Department and county-operated juvenile detention centers shall furnish the Ombudsman and deputies with appropriate meeting space in each facility in order to preserve confidentiality.
(c)  The Department and county-operated juvenile detention centers shall allow the Ombudsman and deputies to participate in professional development opportunities provided by the Department of Juvenile Justice and county-operated juvenile detention centers as practical and to attend appropriate professional training when requested by the Ombudsman.
(d)  The Department and county-operated juvenile detention centers shall provide the Ombudsman copies of critical incident reports involving a youth residing in a facility operated by the Department or a county-operated juvenile detention center.  Critical incidents include, but are not limited to, severe injuries that result in hospitalization, suicide attempts that require medical intervention, sexual abuse, and escapes.
(e)  The Department and county-operated juvenile detention centers shall provide the Ombudsman with reasonable advance notice of all internal administrative and disciplinary hearings regarding a youth residing in a facility operated by the Department or a county-operated juvenile detention center.
(f)  The Department of Juvenile Justice and county-operated juvenile detention centers may not discharge, demote, discipline, or in any manner discriminate or retaliate against a youth or an employee who in good faith makes a complaint to the Office of the Independent Juvenile Ombudsman or cooperates with the Office.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-35)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsperson shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of
the Office for the prior fiscal year.  The summaries shall contain data both aggregated and disaggregated by individual facility and describe:
(1) the work of the Ombudsperson;
(2) the status of any review or investigation     undertaken by the Ombudsperson, but may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and
(3) any recommendations that the Independent Juvenile     Ombudsperson has relating to a systemic issue in the Department of Juvenile Justice's provision of services and any other matters for consideration by the General Assembly and the Governor.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of activities done in furtherance of the purpose of
the Office for the prior fiscal year.  The summaries shall contain data both aggregated and disaggregated by individual facility and describe:
(1) the work of the Ombudsman;
(2) the status of any review or investigation     undertaken by the Ombudsman, but may not contain any confidential or identifying information concerning the subjects of the reports and investigations; and
(3) any recommendations that the Independent Juvenile     Ombudsman has relating to a systemic issue in the Department of Juvenile Justice's or a county-operated juvenile detention center's provision of services and any other matters for consideration by the General Assembly and the Governor.
With respect to county-operated juvenile detention
centers, the Ombudsman shall provide data responsive to
paragraphs (1) through (3) to the chief judge of the
applicable judicial circuit and to the Director of the  Administrative Office of the Illinois Courts, and shall make the data publicly available.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-40)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsperson shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of  the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution.  When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity.  The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-40. Complaints. The Office of Independent Juvenile Ombudsman shall promptly and efficiently act on complaints made by or on behalf of youth filed with the Office that relate to the operations or staff of the Department of Juvenile Justice or a county-operated juvenile detention center. The Office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, including any resolution of or recommendations made as a result of  the complaint. The Office shall make information available describing its procedures for complaint investigation and resolution.  When applicable, the Office shall notify the complaining youth that an investigation and resolution may result in or will require disclosure of the complaining youth's identity.  The Office shall periodically notify the complaint parties of the status of the complaint until final disposition.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-45)
Sec. 3-2.7-45. Confidentiality. The name, address, or other personally identifiable information of a person who files a complaint with the Office, information generated by the Office related to a complaint or other activities of the Office, and confidential records obtained by the Office are not subject to disclosure under the Freedom of Information Act.  The Office shall disclose the records only if required by court order on a showing of good cause.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-50)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-50. Promotion and awareness of Office.  The Independent Juvenile Ombudsperson shall promote awareness among the public and youth of:
(1) the rights of youth committed to the Department;
(2) the purpose of the Office;
(3) how the Office may be contacted;
(4)  the confidential nature of communications; and
(5)  the services the Office provides.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-50. Promotion and awareness of Office.  The Independent Juvenile Ombudsman shall promote awareness among the public and youth of:
(1) the rights of youth committed to the Department     and county-operated juvenile detention centers;
(2) the purpose of the Office;
(3) how the Office may be contacted;
(4)  the confidential nature of communications; and
(5)  the services the Office provides.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/3-2.7-55)
(Text of Section from P.A. 103-22)
Sec. 3-2.7-55. Access to information of governmental entities. The Department of Juvenile Justice shall provide the Independent Juvenile Ombudsperson unrestricted access to all master record files of youth under Section 3-5-1 of this Code.  Access to educational, social, psychological, mental health, substance abuse,  and medical records shall not be disclosed except as provided in Section 5-910 of the Juvenile Court Act of 1987, the Mental Health and Developmental Disabilities Confidentiality Act, the School Code, and any applicable federal laws that govern access to those records.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-397)
Sec. 3-2.7-55. Access to information of governmental entities. The Department of Juvenile Justice and county-operated juvenile detention centers shall provide the Independent Juvenile Ombudsman unrestricted access to all master record files of youth under Section 3-5-1 of this Code or any other files of  youth in the custody of county-operated  juvenile detention centers, or both.  Access to educational, social, psychological, mental health, substance abuse,  and medical records shall not be disclosed except as provided in Section 5-910 of the Juvenile Court Act of 1987, the Mental Health and Developmental Disabilities Confidentiality Act, the School Code, and any applicable federal laws that govern access to those records.
(Source: P.A. 103-397, eff. 1-1-25.)
(730 ILCS 5/Ch. III Art. 3 heading)
ARTICLE 3.  PRISONER REVIEW BOARD
(Source: P.A. 102-813, eff. 5-13-22.)
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and appointment of Prisoner Review Board.
(a) There shall be a Prisoner Review Board independent of the Department
 which shall be:
(1) the paroling authority for persons sentenced     under the law in effect  prior to the effective date of this amendatory Act of 1977;
(1.2) the paroling authority for persons eligible for     parole review under Section 5-4.5-115;
(1.5) (blank);
(2) the board of review for cases involving the     revocation of sentence credits or a suspension or reduction in the rate of accumulating the credit;
(3) the board of review and recommendation for the     exercise of executive clemency by the Governor;
(4) the authority for establishing release dates for     certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole     and  mandatory supervised release under Section 5-8-1(a) of this Code, and determining whether a violation of those conditions warrant revocation of parole or mandatory supervised release or the imposition of other sanctions;
(6) the authority for determining whether a violation     of aftercare release conditions warrant revocation of aftercare release; and
(7) the authority to release medically infirm or     disabled prisoners under Section 3-3-14.
(b) The Board shall consist of 15 persons appointed by
the Governor by and with the advice and consent of the Senate.
One member of the Board shall be designated by the Governor
to be Chairman and shall serve as Chairman at the pleasure of
the Governor.  The members of the Board shall have had at
least 5 years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,
social work, medicine, psychology, other behavioral sciences,
or a combination thereof.  At least 6 members so appointed
must have at least 3 years experience in the field of
juvenile matters.    No more than 8 Board members may be members
of the same political party.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether elective or
appointive, nor any other office or position of profit, nor engage in any
other business, employment, or vocation.  The Chairman of the Board shall
receive $35,000 a year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an amount set by the
Compensation Review Board, whichever is greater.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board
who was appointed by the Governor and is in office on June 30, 2003 shall
terminate at the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the 93rd General
Assembly have been appointed by the Governor, whichever occurs later.  As soon
as possible, the Governor shall appoint persons to fill the vacancies created
by this amendatory Act.
Of the initial members appointed under this amendatory Act of the 93rd
General Assembly, the Governor shall appoint 5 members whose terms shall expire
on the third Monday
in January 2005, 5 members whose terms shall expire on the
third Monday in January 2007, and 5 members whose terms
shall expire on the third Monday in January 2009.  Their respective successors
shall be appointed for terms of 6 years from the third Monday
in January of the year of appointment.  Each member shall
serve until his or her successor is appointed and qualified.
Any member may be removed by the Governor for incompetence, neglect of duty,
malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief executive and
administrative officer.  The Board may have an Executive Director; if so,
the Executive Director shall be appointed by the Governor with the advice and
consent of the Senate.  The salary and duties of the Executive Director shall
be fixed by the Board.
(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term "Parole and
Pardon Board" as used in any law of Illinois, shall read "Prisoner Review
Board." After February 1, 1978 (the effective date of Public Act 81-1099), the
Prisoner Review Board shall provide by rule for the orderly transition of
all files, records, and documents of the Parole and Pardon Board and for
such other steps as may be necessary to effect an orderly transition and shall:
(1) hear by at least one member and through a panel     of at least 3 members decide, cases of prisoners who were sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099), and who are eligible for parole;
(2) hear by at least one member and through a panel     of at least 3 members decide, the conditions of parole and the time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099); provided that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the Prisoner Review Board. One representative supporting parole and one representative opposing parole will be allowed to speak.  Their  comments  shall be limited to making corrections and filling in omissions to the Board's presentation and discussion;
(3) hear by at least one member and through a panel     of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under the law in effect after February 1, 1978 (the effective date of Public Act 81-1099);
(3.5) hear by at least one member and through a panel     of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5-8-1;
(3.6) hear by at least one member and through a panel     of at least 3 members decide whether to revoke aftercare release for those committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel     of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to sentence credits under Section 3-6-3 of this Code in which the Department seeks to revoke sentence credits, if the amount of time at issue exceeds 30 days or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In such cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit for any prisoner or to increase any penalty beyond the length requested by the Department;
(5) hear by at least one member and through a panel     of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to February 1, 1978 (the effective date of Public Act 81-1099), in accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel     of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;
(6.5) hear by at least one member who is qualified in     the field of juvenile matters and through a panel of at least 3 members, 2 of whom are qualified in the field of juvenile matters, decide parole review cases  in accordance with Section 5-4.5-115 of this Code and make release determinations of persons under the age of 21 at the time of the commission of an offense or offenses, other than those persons serving sentences for first degree murder or aggravated criminal sexual assault;
(6.6) hear by at least a quorum  of the Prisoner     Review Board and decide by a majority of members present at the hearing, in accordance with Section 5-4.5-115 of this Code, release determinations of persons under the age of 21 at the time of the commission of an offense or offenses of those persons serving sentences for first degree murder or aggravated criminal sexual assault;
(7) comply with the requirements of the Open Parole     Hearings Act;
(8) hear by at least one member and, through a panel     of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for court dismissal of a frivolous lawsuit pursuant to Section 3-6-3(d) of this Code in which the Department seeks to revoke up to 180 days of sentence credit, and if the prisoner has not accumulated 180 days of sentence credit at the time of the dismissal, then all sentence credit accumulated by the prisoner shall be revoked;
(9) hear by at least 3 members, and, through a panel     of at least 3 members, decide whether to grant certificates of relief from disabilities or certificates of good conduct as provided in Article 5.5 of Chapter V;
(10) upon a petition by a person who has been     convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order  the sealing of all official      records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the  arrest and conviction for the Class 3 or 4 felony.   A person may not apply to the Board for a certificate of eligibility for sealing:
(A)  until 5 years have elapsed since the         expiration of his or her sentence;
(B) until 5 years have elapsed since any arrests         or detentions by a law enforcement officer for an alleged violation of law, other than a petty offense, traffic offense, conservation offense, or local ordinance offense;
(C) if convicted of a violation of the Cannabis         Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully;
(D)  if convicted of:
(i) a sex offense described in Article 11 or             Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
(ii) aggravated assault;
(iii) aggravated battery;
(iv)  domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of             1961 or the Criminal Code of 2012 involving a firearm;
(viii) driving while under the influence of             alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
(ix) aggravated driving while under the             influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; or
(x) any crime defined as a crime of violence             under Section 2 of the Crime Victims Compensation  Act.
If a person has applied to the Board for a     certificate of eligibility for  sealing and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for pardon from the Governor unless the Chairman of the Prisoner Review Board grants a waiver.
The decision to issue or refrain from issuing a     certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members.
The Board may only authorize the sealing of Class 3     and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10). A petitioner may only receive one certificate of eligibility for sealing under this provision for life; and
(11)  upon a petition by a person who after having     been convicted of a Class 3 or Class 4 felony thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order  the expungement of all official      records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the  arrest and conviction for the Class 3 or 4 felony.   A person may not apply to the Board for a certificate of eligibility for expungement:
(A) if convicted of:
(i) a sex offense described in Article 11 or             Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or Criminal Code of 2012;
(ii) an offense under the Criminal Code of             1961 or Criminal Code of 2012 involving a firearm; or
(iii) a crime of violence as defined in             Section 2 of the Crime Victims Compensation Act; or
(B) if the person has not served in the United         States Armed Forces or National Guard of this or any other state or has not received an honorable discharge from the United States Armed Forces or National Guard of this or any other state or who at the time of the filing of the petition is serving in the United States Armed Forces or National Guard of this or any other state and has not completed one tour of duty.
If a person has applied to the Board for a     certificate of eligibility for  expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver.
(a-5) The Prisoner Review Board, with the cooperation of and in
coordination with the Department of Corrections and the Department of Central
Management Services, shall implement a pilot project in 3 correctional
institutions providing for the conduct of hearings under paragraphs (1) and
(4)
of subsection (a) of this Section through interactive video conferences.
The
project shall be implemented within 6 months after January 1, 1997 (the effective date of Public Act 89-490).  Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of and in coordination
with the Department of Corrections and the Department of Central Management
Services, shall report to the Governor and the General Assembly regarding the
use, costs, effectiveness, and future viability of interactive video
conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in promoting an
effective system of parole and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its work,
and the Chairman shall file a copy of such rules and any amendments
thereto with the Director and with the Secretary of State.
(e) The Board shall keep records of all of its official actions and
shall make them accessible in accordance with law and the rules of the
Board.
(f) The Board or one who has allegedly violated the conditions of
his or her parole, aftercare release, or mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of documentary
evidence relating to any matter under investigation or hearing. The
Chairman of the Board may sign subpoenas which shall be served by any
agent or public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the production of
documentary evidence, may be required from any place in the State to a
hearing location in the State before the Chairman of the Board or his or her
designated agent or agents or any duly constituted Committee or
Subcommittee of the Board.  Witnesses so summoned shall be paid the same
fees and mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the persons taking
those depositions are each entitled to the same fees as are paid for
like services in actions in the circuit courts of the State. Fees and
mileage shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may petition any
circuit court of the State for an order requiring the attendance and
testimony of witnesses or the production of documentary evidence or
both. A copy of such petition shall be served by personal service or by
registered or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a hearing
upon the petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary remedies
at a specified time, on a specified date, not less than 10 nor more than
15 days after the deposit of the copy of the written notice and petition
in the U.S. mail addressed to the person at his or her last known address or
after the personal service of the copy of the notice and petition upon
such person. The court upon the filing of such a petition, may order the
person refusing to obey the subpoena to appear at an investigation or
hearing, or to there produce documentary evidence, if so ordered, or to
give evidence relative to the subject matter of that investigation or
hearing. Any failure to obey such order of the circuit court may be
punished by that court as a contempt of court.
Each member of the Board and any hearing officer designated by the
Board shall have the power to administer oaths and to take the testimony
of persons under oath.
(g) Except under subsection (a) of this Section, a majority of the
members then appointed to the Prisoner Review Board shall constitute a
quorum for the transaction of all business of the Board.
(h) The Prisoner Review Board shall annually transmit to the
Director a detailed report of its work for the preceding calendar year.
The annual report shall also be transmitted to the Governor for
submission to the Legislature.
(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
(730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
Sec. 3-3-2.1. Prisoner Review Board - Release Date.
(a) Except as
provided in subsection (b), the Prisoner Review Board shall, no later
than 7 days following a prisoner's next parole hearing after the
effective date of this Amendatory Act of 1977, provide each prisoner
sentenced under the law in effect prior to the effective date of this
amendatory Act of 1977, with a fixed release date.
(b) No release date under this Section shall be set for any person
sentenced to an indeterminate sentence under the law in effect prior to
the effective date of this amendatory Act of 1977 in which the minimum
term of such sentence is 20 years or more.
(c) The Prisoner Review Board shall notify each eligible offender of
his or her release date in a form substantially as follows:
Date of Notice
"To (Name of offender):
Under a recent change in the law you are provided with this choice:
(1) You may remain under your present indeterminate sentence and
continue to be eligible for parole; or (2) you may waive your right to
parole and accept the release date which has been set for you.  From
this release date will be deducted any good conduct credit you may earn.
If you accept the release date established by the Board, you will no
longer be eligible for parole.
Your release date from prison has been set for: (release date)    ........ ,
subject to a term of mandatory supervised release as provided by law.
If you accumulate the maximum amount of good conduct credit as
allowed by law recently enacted, you can be released on:
........ ,  subject to a term of mandatory supervised release as provided by law.
Should you choose not to accept the release date, your next parole
hearing will be:                     ........ .
The Board has based its determination of your release date on the
following:
(1) The material that normally would be examined in     connection with your parole hearing, as set forth in paragraph (d) of Section 3-3-4 of the Unified Code of Corrections:
(2) the intent of the court in imposing sentence on     you;
(3) the present schedule of sentences for similar     offenses provided by Articles 4.5 and 5  of Chapter V  of the Unified Code of Corrections, as amended;
(4) the factors in mitigation and aggravation     provided by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of Corrections, as amended;
(5) The rate of accumulating good conduct credits     provided by Section 3-6-3 of the Unified Code of Corrections, as amended;
(6) your behavior since commitment.
You now have 60 days in which to decide whether to remain under your
indeterminate sentence and continue to be eligible for parole or waive
your right to parole and accept the release date established for you by
the Board.  If you do nothing within 60 days, you will remain under the
parole system.
If you accept the release date, you may accumulate good conduct
credit at the maximum rate provided under the law recently enacted.
If you feel that the release date set for you is unfair or is not
based on complete information required to be considered by the Board,
you may request that the Board reconsider the date.  In your request you
must set forth specific reasons why you feel the Board's release date is
unfair and you may submit relevant material in support of your request.
The Department of Corrections is obligated to assist you in that
effort, if you ask it to do so.
The Board will notify you within 60 days whether or not it will
reconsider its decision.  The Board's decision with respect to
reconsidering your release date is final and cannot be appealed to any
court.
If the Board decides not to reconsider your case you will have 60
days in which to decide whether to accept the release date and waive
your right to parole or to continue under the parole system.  If you do
nothing within 60 days after you receive notification of the Board's
decision you will remain under the parole system.
If the Board decides to reconsider its decision with respect to your
release date, the Board will schedule a date for reconsideration as soon
as practicable, but no later than 60 days from the date it receives your
request, and give you at least 30 days notice.  You may submit material
to the Board which you believe will be helpful in deciding a proper date
for your release.  The Department of Corrections is obligated to assist
you in that effort, if you ask it to do so.
Neither you nor your lawyer has the right to be present on the date
of reconsideration, nor the right to call witnesses.   However, the
Board may ask you or your lawyer to appear or may ask to hear witnesses.
The Board will base its determination on the same data on which it made
its earlier determination, plus any new information which may be
available to it.
When the Board has made its decision you will be informed of the
release date.  In no event will it be longer than the release date
originally determined.  From this date you may continue to accumulate
good conduct credits at the maximum rate.  You will not be able to
appeal the Board's decision to a court.
Following the Board's reconsideration and upon being notified of your
release date you will have 60 days in which to decide whether to accept
the release date and waive your right to parole or to continue under the
parole system.  If you do nothing within 60 days after notification of
the Board's decision you will remain under the parole system."
(d) The Board shall provide each eligible offender with a form
substantially as follows:
"I (name of offender) am fully aware of my right to choose between
parole eligibility and a fixed release date.  I know that if I accept
the release date established, I will give up my right to seek parole.  I
have read and understood the Prisoner Review Board's letter, and I know
how and under what circumstances the Board has set my release date.  I
know that I will be released on that date and will be released earlier
if I accumulate good conduct credit.  I know that the date set by the
Board is final, and can't be appealed to a court.
Fully aware of all the implications, I expressly and knowingly waive
my right to seek parole and accept the release date as established by
the Prisoner Review Board."
(e) The Board shall use the following information and standards in
establishing a release date for each eligible offender who requests that
a date be set:
(1) Such information as would be considered in a     parole hearing under Section 3-3-4 of this Code;
(2) The intent of the court in imposing the     offender's sentence;
(3) The present schedule for similar offenses     provided by Articles 4.5 and 5  of Chapter V  of this Code;
(4) Factors in aggravation and mitigation of sentence     as provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
(5) The rate of accumulating good conduct credits     provided by Section 3-6-3 of this Code;
(6) The offender's behavior since commitment to the     Department.
(f) After the release date is set by the Board, the offender can
accumulate good conduct credits in accordance with Section 3-6-3 of this
Code.
(g) The release date established by the Board shall not be sooner
than the earliest date that the offender would have been eligible for
release under the sentence imposed on him by the court, less time credit
previously earned for good behavior, nor shall it be later than the
latest date at which the offender would have been eligible for release
under such sentence, less time credit previously earned for good behavior.
(h) (1) Except as provided in subsection (b), each prisoner
appearing at his next parole hearing subsequent to the effective date of
the amendatory Act of 1977, shall be notified within 7 days of the
hearing that he will either be released on parole or that a release date
has been set by the Board.  The notice and waiver form provided for in
subsections (c) and (d) shall be presented to eligible prisoners no
later than 7 days following their parole hearing.   A written statement
of the basis for the decision with regard to the release date set shall
be given to such prisoners no later than 14 days following the parole
hearing.
(2) Each prisoner upon notification of his release date shall have
60 days to choose whether to remain under the parole system or to accept
the release date established by the Board.  No release date shall be
effective unless the prisoner waives his right to parole in writing.  If
no choice is made by such prisoner within 60 days from the date of his
notification of a release date, such prisoner shall remain under the
parole system.
(3) Within the 60 day period as provided in paragraph (2) of this
subsection, a prisoner may request that the Board reconsider its
decision with regard to such prisoner's release date.  No later than 60
days following receipt of such request for reconsideration, the Board
shall notify the prisoner as to whether or not it will reconsider such
prisoner's release date.  No court shall have jurisdiction to review the
Board's decision. No prisoner shall be entitled to more than one request
for reconsideration of his release date.
(A) If the Board decides not to reconsider the     release date, the prisoner shall have 60 days to choose whether to remain under the parole system or to accept the release date established by the Board.  No release date shall be effective unless the prisoner waives his right to parole in writing.  If no choice is made by such prisoner within 60 days from the date of the notification by the Board refusing to reconsider his release date, such prisoner shall remain under the parole system.
(B) If the Board decides to reconsider its decision     with respect to such release date, the Board shall schedule a date for reconsideration as soon as practicable, but no later than 60 days from the date of the prisoner's request, and give such prisoner at least 30 days notice. Such prisoner may submit any relevant material to the Board which would aid in ascertaining a proper release date.  The Department of Corrections shall assist any such prisoner if asked to do so.
Neither the prisoner nor his lawyer has the right to     be present on the date of reconsideration, nor the right to call witnesses.  However, the Board may ask such prisoner or his or her lawyer to appear or may ask to hear witnesses.  The Board shall base its determination on the factors specified in subsection (e), plus any new information which may be available to it.
(C) When the Board has made its decision, the     prisoner shall be informed of the release date as provided for in subsection (c) no later than 7 days following the reconsideration.  In no event shall such release date be longer than the release date originally determined.  The decision of the Board is final. No court shall have jurisdiction to review the Board's decision.
Following the Board's reconsideration and its notification to the
prisoner of his or her release date, such prisoner shall have 60 days
from the date of such notice in which to decide whether to accept the
release date and waive his or her right to parole or to continue under
the parole system.  If such prisoner does nothing within 60 days after
notification of the Board's decision, he or she shall remain under the
parole system.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1000, eff. 7-2-10.)
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for parole or release.
(a) Except for those offenders who accept the fixed release
date established by the Prisoner Review Board under Section
3-3-2.1, every person serving a term of imprisonment under
the law in effect prior to the effective date of this
amendatory Act of 1977 shall be eligible for parole when
he or she has served:
(1) the minimum term of an indeterminate sentence     less time credit for good behavior, or 20 years less time credit for good behavior, whichever is less; or
(2) 20 years of a life sentence less time credit for     good behavior; or
(3) 20 years or one-third of a determinate sentence,     whichever is less, less time credit for good behavior.
(b) No person sentenced under this amendatory Act of 1977 or who accepts
a release date under Section 3-3-2.1 shall be eligible for parole.
(c) Except for those sentenced to a term of natural
life imprisonment, every person sentenced to imprisonment
under this amendatory Act of 1977 or given a release date
under Section 3-3-2.1 of this Act shall serve the full term
of a determinate sentence less time credit for good behavior
and shall then be released under the mandatory supervised
release provisions of paragraph (d) of Section 5-8-1 of this Code.
(d) No person serving a term of natural life imprisonment may be paroled
or released except through executive clemency.
(e) Every person committed to the Department of Juvenile Justice under the Juvenile
Court Act
of 1987 and confined in the State correctional
institutions or facilities if such juvenile has not been
tried as an adult shall be eligible for aftercare release under Section 3-2.5-85 of this Code.
However, if a juvenile has been tried as an adult he or she shall
only be eligible for parole or mandatory supervised release
as an adult under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for parole hearing.
(a) The Prisoner Review Board shall consider the parole
of each eligible person committed to the Department of Corrections at
least 30 days prior to the date he or she shall first become
eligible for parole.
(b) A person eligible for parole shall, no less than 15 days in advance of
his or her parole interview, prepare a parole plan in accordance
with the rules of the Prisoner Review Board. The person
shall be assisted in preparing his or her parole plan by personnel
of the Department of Corrections, and may, for this purpose, be released
on furlough under Article 11. The Department shall also provide
assistance in obtaining information and records helpful to
the individual for his or her parole hearing. If the person eligible for parole has a petition or any written submissions  prepared on his or her  behalf by an attorney or other representative, the attorney or representative for the  person eligible for parole must serve by certified mail the State's Attorney of the county where he or she was prosecuted with the petition or any written submissions 15 days after his or her parole interview.  The State's Attorney shall provide the attorney for the person eligible for parole with a copy of his or her letter in opposition to parole via certified mail within 5 business days of the en banc hearing.
(c) Any member of the Board shall have access at all
reasonable times to any committed person and to his or her master
record file within the Department, and the Department shall
furnish such a report to the Board
concerning the conduct and character of any such person prior to his or her  parole interview.
(d) In making its determination of parole, the Board
shall consider:
(1) (blank);
(2) the report under Section 3-8-2 or 3-10-2;
(3) a report by the Department and any report by the     chief administrative officer of the institution or facility;
(4) a parole progress report;
(5) a medical and psychological report, if requested     by the Board;
(6) material in writing, or on film, video tape or     other electronic means in the form of a recording submitted by the person whose parole is being considered;
(7) material in writing, or on film, video tape or     other electronic means in the form of a recording or testimony submitted by the State's Attorney and the victim or a concerned citizen pursuant to the Rights of Crime Victims and Witnesses Act; and
(8) the person's eligibility for commitment under the     Sexually Violent Persons Commitment Act.
(e) The prosecuting State's Attorney's office shall receive from the Board reasonable
written notice not less than 30 days prior to the parole interview and may
submit relevant information by oral argument or testimony of victims and concerned citizens, or both, in writing, or on film, video tape or other
electronic means or in the form of a recording to the Board for its
consideration. Upon written request of the State's Attorney's office, the Prisoner Review Board  shall hear protests to parole, except in counties of 1,500,000 or more inhabitants where there shall be standing objections to all such petitions. If a State's Attorney who represents a county of less than 1,500,000 inhabitants requests a protest hearing, the inmate's counsel or other representative shall also receive notice of such request.

This hearing shall take place the month  following the inmate's parole interview. If the inmate's parole interview is rescheduled then the Prisoner Review Board shall promptly notify the State's Attorney of the new date.  The person eligible for parole shall be heard at the next scheduled en banc hearing date. If the case is to be continued, the State's Attorney's office and the attorney or representative for the person eligible for parole will be notified of any continuance within 5 business days.  The State's Attorney may waive the written notice.
(f) The victim of the violent crime for which the prisoner has been
sentenced shall receive notice of a parole hearing as provided in paragraph
(4) of subsection (d) of Section 4.5 of the Rights of Crime Victims and Witnesses
Act.
(g) Any recording considered under the provisions of subsection (d)(6),
(d)(7) or (e) of this Section shall be in the form designated by the Board.
Such recording shall be both visual and aural.  Every voice on the
recording and person present shall be identified and the recording shall
contain either a visual or aural statement of the person submitting such
recording, the date of the recording and the name of the person whose
parole eligibility is being considered.  Such recordings shall be retained by
the Board and shall be deemed to be submitted at any subsequent parole hearing
if the victim or State's Attorney submits in writing a declaration clearly
identifying such recording as representing the present position of the
victim or State's Attorney regarding the issues to be considered at the parole
hearing.
(h)  The Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person containing any information from a victim  who has written objections, testified at any hearing, or submitted audio or visual objections to the inmate's parole, unless provided with a waiver from that victim. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public. The Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system.
(Source: P.A. 101-288, eff. 1-1-20.)
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. Hearing and determination.
(a) The Prisoner
Review  Board shall meet as often as need requires to consider
the cases of persons eligible for parole. Except as otherwise
provided in paragraph (2) of subsection (a) of Section 3-3-2
of this Act, the Prisoner Review Board may meet and
order its actions in panels of 3 or more members. The action
of a majority of the panel shall be the action of the Board.
(b) If the person under consideration for parole is in the
custody of the Department, at least one member of the Board
shall interview him or her, and a report of that interview shall be
available for the Board's consideration.  However, in the
discretion of the Board, the interview need not be conducted
if a psychiatric examination determines that the person could
not meaningfully contribute to the Board's consideration. The
Board may in its discretion parole a person who is then outside
the jurisdiction on his or her record without an interview. The Board
need not hold a hearing or interview a person who is paroled 
under paragraphs (d) or (e) of this Section or released on
Mandatory release under Section 3-3-10.
(c) The Board shall not parole a person eligible for
parole if it determines that:
(1) there is a substantial risk that he or she will     not conform to reasonable conditions of parole or aftercare release; or
(2) his or her release at that time would deprecate     the seriousness of his or her offense or promote disrespect for the law; or
(3) his or her release would have a substantially     adverse effect on institutional discipline.
(d) (Blank).
(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time
credit for good behavior shall be released on parole to
serve a period of parole under Section 5-8-1.
(f) The Board shall render its decision within a
reasonable time after hearing and shall state the basis
therefor both in the records of the Board and in written
notice to the person on whose application it has acted.
In its decision, the Board shall set the person's time
for parole, or if it denies parole it shall provide for
a rehearing not less frequently than once every
year, except that the Board may,
after denying parole,
schedule a rehearing no later than 5 years from the date of the parole
denial, if the Board finds that it is not reasonable to expect that parole
would be granted at a hearing prior to the scheduled rehearing date. If the
Board shall parole a person, and, if he or she is not released within 90 days from
the effective date of the order granting parole, the matter shall be
returned to the Board for review.
(f-1)   If the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.
(g) The Board shall maintain a registry of decisions in which parole
has been granted, which shall include the name and case number of the
prisoner, the highest charge for which the prisoner was sentenced, the
length of sentence imposed, the date of the sentence, the date of the
parole, and the basis for the decision of the Board to grant parole and the
vote of the Board on any such decisions.  The registry shall be made available
for public inspection and copying during business hours and shall be a public
record pursuant to the provisions of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-6) (from Ch. 38, par. 1003-3-6)
Sec. 3-3-6. 
		Parole or release to warrant or detainer. 
		(a) If a warrant or detainer is placed against a person by
the court, parole agency, or other authority of this or any
other jurisdiction, the Prisoner Review Board shall inquire
before such person becomes eligible for parole or release
whether the authority concerned intends to execute or withdraw
the process if the person is released on parole or otherwise.
(b) If the authority notifies the Board that it intends
to execute such process when the person is released, the Board
shall advise the authority concerned of the sentence or
disposition under which the person is held, the time of
eligibility for parole or release, any decision of the
Board relating to the person and the nature of his or her adjustment
during confinement, and shall give reasonable notice to such
authority of the person's release date.
(c) The Board may parole or release a person to a warrant
or detainer.  The Board may provide, as a condition of parole
or release, that if the charge or charges on which the warrant
or detainer is based are dismissed or satisfied, prior to the
expiration of his or her parole term, the authority to whose warrant
or detainer he or she was released shall return him to serve the
remainder of his or her parole term or such part thereof as the
Board may determine subject to paragraph (d) of Section 5-8-1.
(d) If a person paroled to a warrant or detainer is
thereafter sentenced to probation, or released on parole
in another jurisdiction prior to the expiration of his or her
parole or mandatory supervised release term in this State,
the Board may permit him or her to serve the remainder of his or her term,
or such part thereof as the Board may determine, in either of
the jurisdictions.
(Source: P.A. 83-346.)
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of parole or mandatory supervised release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law-abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any     jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other     dangerous weapon;
(3) report to an agent of the Department of     Corrections;
(4) permit the agent to visit him or her at his or     her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
(5) attend or reside in a facility established for     the instruction or residence of persons on parole or mandatory supervised release;
(6) secure permission before visiting or writing a     committed person in an Illinois Department of Corrections facility;
(7) report all arrests to an agent of the Department     of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections;
(7.5) if convicted of a sex offense as defined in the     Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the     Sex Offender Management Board Act, refrain from residing at the same address or in the  same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
(7.7) if convicted for an offense that would qualify     the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988), wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term;
(7.8)  if convicted for an offense committed on or     after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet,  a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.8), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is  not: (i) the spouse, brother, or sister of the accused;  (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
(7.9)  if convicted under Section 11-6, 11-20.1,     11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
(7.10)  if convicted for an offense that would     qualify the accused as a sex offender or sexual predator under the Sex Offender Registration Act on or after June 1, 2008 (the effective date of Public Act 95-640), not possess prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section     11-6, 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):
(i) not access or use a computer or any other         device with Internet capability without the prior written approval of the Department;
(ii) submit to periodic unannounced examinations         of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the         offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions         concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent;
(7.12)  if convicted of a sex offense as defined in     the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262),  refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
(7.13)  if convicted of a sex offense as defined in     Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department     of Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department     of Corrections before changing his or her residence or employment;
(10) consent to a search of his or her person,     property, or residence under his or her control;
(11) refrain from the use or possession of narcotics     or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections if there is reasonable suspicion of illicit drug use and the source of the reasonable suspicion is documented in the Department's case management system;
(12) not knowingly frequent places where controlled     substances are illegally sold, used, distributed, or administered;
(13) except when the association described in either     subparagraph (A) or (B) of this paragraph (13) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent:
(A) not knowingly associate with other persons on         parole or mandatory supervised release without prior written permission of his or her parole agent; or
(B) not knowingly associate with persons who are         members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it     relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
(15) follow any specific instructions provided by the     parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate;
(16) if convicted of a sex offense as defined in     subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
(17)  if convicted of a violation of an order of     protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code;
(18)  comply with the terms and conditions of an     order of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act;
(19)  if convicted of a violation of the     Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
(A) prohibited from purchasing, possessing, or         having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or         having under his or her control any product containing ammonium nitrate;
(20) if convicted of a hate crime under Section     12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed ordered by the court; and
(21) be evaluated by the Department of Corrections     prior to release using a validated risk assessment and be subject to a corresponding level of supervision. In accordance with the findings of that evaluation:
(A) All subjects found to be at a moderate or         high risk to recidivate, or on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, shall be subject to high level supervision. The Department shall define high level supervision based upon evidence-based and research-based practices. Notwithstanding this placement on high level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to         recidivate shall be subject to low-level supervision, except for those subjects on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. Low level supervision shall require the subject to check in with the supervising officer via phone or other electronic means. Notwithstanding this placement on low level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
(b) The Board may after making an individualized assessment pursuant to subsection (a) of Section 3-14-2 in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational     training;
(2) undergo medical or psychiatric treatment, or     treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for     the instruction or residence of persons on probation or parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5)  if convicted for an offense committed on or     after the effective date of this amendatory Act of the 95th General Assembly that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet,  a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused;  (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or     after June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:
(i) not access or use a computer or any other         device with Internet capability without the prior written approval of the Department;
(ii) submit to periodic unannounced examinations         of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the         offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions         concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent; and
(8) (blank).
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to  comply with the following specific conditions of release following an individualized assessment pursuant to subsection (a) of Section 3-14-2:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender     Registration Act;
(3) notify          third parties of the risks that     may be occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department     of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
(5) not be employed or participate in any              volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12     months from the date of release as determined by the Board;
(7) refrain from entering into a designated              geographic area except upon terms approved in advance by an  agent of the Department of Corrections.  The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
(8) refrain from having any contact, including              written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
(9) refrain from all contact, directly or              indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an  agent of  the Department of Corrections;
(10) neither possess or have under his or her              control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
(11) not patronize any business providing              sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
(12) not reside near, visit, or be in or about              parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
(13) not possess or have under his or her control              certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
(14) may be required to provide a written daily log     of activities          if directed by an agent of the Department of Corrections;
(15) comply with all other special conditions              that the Department may impose that restrict the person from high-risk situations and limit access to potential victims;
(16) take an annual polygraph exam;
(17)  maintain a log of his or her travel; or
(18)  obtain prior approval of his or her parole     officer before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or she shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review  Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(f)  (Blank).
(Source: P.A. 103-271, eff. 1-1-24.)
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge.
(a) The length of parole
for a person sentenced under the law in effect prior to
the effective date of this amendatory Act of 1977 and the
length of mandatory supervised release for those sentenced
under the law in effect on and after such effective date
shall be as set out in Section 5-8-1 unless sooner terminated
under paragraph (b) of this Section.
(b) The Prisoner Review Board may enter an order
releasing and discharging one from parole or mandatory
supervised release, and his or her commitment to the Department,
when it determines that he or she is likely to remain at liberty
without committing another offense.
(b-1) Provided that the subject is in compliance with the terms and conditions of his or her parole or mandatory supervised release, the Prisoner Review Board shall reduce the period of a parolee or releasee's parole or mandatory supervised release by 90 days upon the parolee or releasee receiving a high school diploma, associate's degree, bachelor's degree, career certificate, or vocational technical certification or upon passage of high school equivalency testing during the period of his or her parole or mandatory supervised release. A parolee or releasee shall provide documentation from the educational institution or the source of the qualifying educational or vocational credential to their supervising officer for verification. Each reduction in the period of a subject's term of parole or mandatory supervised release shall be available only to subjects who have not previously earned the relevant credential for which they are receiving the reduction. As used in  this Section, "career certificate" means a certificate awarded by an institution for satisfactory completion of a prescribed curriculum that is intended to prepare an individual for employment in a specific field.
(b-2) The Prisoner Review Board may release a low-risk and need subject person from mandatory supervised release as determined by an appropriate evidence-based risk and need assessment.
(c) The order of discharge shall become effective upon entry of the
order of the Board.  The Board shall notify the clerk of the committing
court of the order.  Upon receipt of such copy, the clerk shall make an
entry on the record judgment that the sentence or commitment has been
satisfied pursuant to the order.
(d) Rights of the person discharged under this
Section shall be restored under Section 5-5-5.
(e) Upon a denial of early discharge under this Section, the Prisoner Review Board shall provide the person on parole or mandatory supervised release a list of steps or requirements that the person must complete or meet to be granted an early discharge at a subsequent review and share the process for seeking a subsequent early discharge review under this subsection. Upon the completion of such steps or requirements, the person on parole or mandatory supervised release may petition the Prisoner Review Board to grant them an early discharge review. Within no more than 30 days of a petition under this subsection, the Prisoner Review Board shall review the petition and make a determination.
(Source: P.A. 103-271, eff. 1-1-24.)
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of parole or
mandatory supervised release under Section 3-3-7 of this Code to govern that
term,
the Board may:
(1) continue the existing term, with or without     modifying or enlarging the conditions; or
(1.5) for those released as a result of youthful     offender parole as set forth in Section 5-4.5-115 of this Code, order that the inmate be subsequently rereleased to serve a specified mandatory supervised release term not to exceed the full term permitted under the provisions of Section 5-4.5-115 and subsection (d) of Section 5-8-1 of this Code and may modify or enlarge the conditions of the release as the Board deems proper; or
(2) parole or release the person to a half-way house;     or
(3) revoke the parole or mandatory supervised release     and reconfine the person for a term computed in the following manner:
(i) (A) For those sentenced under the law in         effect prior to this amendatory Act of 1977, the recommitment shall be for any portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole and the parole term, less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked;
(B) Except as set forth in paragraphs (C) and         (D), for  those subject to mandatory supervised release under paragraph (d) of Section 5-8-1 of this Code, the recommitment shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the sentence imposed by the court which was not served due to the accumulation of sentence credit;
(C) For those subject to sex offender supervision         under clause (d)(4) of Section 5-8-1 of this Code, the reconfinement period for violations of clauses (a)(3) through (b-1)(15) of Section 3-3-7 shall not exceed 2 years from the date of reconfinement;
(D) For those released as a result of youthful         offender parole as set forth in Section 5-4.5-115 of this Code, the reconfinement period shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the mandatory supervised release term previously earned. The Board may also order that the inmate be subsequently rereleased to serve a specified mandatory supervised release term not to exceed the full term permitted under the provisions of Section 5-4.5-115 and subsection (d) of Section 5-8-1 of this Code and may modify or enlarge the conditions of the release as the Board deems proper;
(ii) the person shall be given credit against the         term of reimprisonment or reconfinement for time spent in custody since he or she was paroled or released which has not been credited against another sentence or period of confinement;
(iii) (blank);
(iv) this Section is subject to the release under         supervision and the reparole and rerelease provisions of Section 3-3-10.
(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation
of the conditions of parole or mandatory supervised release
shall toll the running of the term until the final determination of the
charge. When
 parole or mandatory supervised release is not revoked
that period shall be credited to the term,  unless a community-based sanction is imposed as an alternative to revocation and reincarceration, including a diversion established by the Illinois Department of Corrections Parole Services Unit prior to the holding of a preliminary parole revocation hearing.  Parolees who are diverted to a community-based sanction shall serve the entire term of parole or mandatory supervised release, if otherwise appropriate.
(b-5) The Board shall revoke parole or mandatory supervised release for violation of the conditions prescribed in paragraph (7.6) of subsection (a) of Section 3-3-7.
(c) A person charged with violating a condition of parole or
mandatory supervised release shall have a preliminary hearing
before a hearing officer designated by the Board to determine
if there is cause to hold the person for a revocation hearing.
However, no preliminary hearing need be held when revocation is based
upon new criminal charges and a court finds probable cause on the new
criminal charges or when the revocation
is based upon a new criminal conviction and a certified copy of
that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him or her.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members.
The action of a majority of the panel shall be the action of
the Board.  A record
of the hearing shall be made. At the hearing the offender shall
be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with
or without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure is
due to the offender's willful refusal to pay.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(730 ILCS 5/3-3-9.5)
Sec. 3-3-9.5. Revocation of aftercare release; revocation hearing.
(a) If, prior to expiration or termination of the aftercare release term, a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 violates a condition of release set by the Department under Section 3-2.5-95 of this Code, the Department may initiate revocation proceedings by issuing a violation warrant under Section 3-2.5-70 of this Code or by retaking of the releasee and returning him or her to a Department facility.
(b) The Department shall provide the releasee and the Prisoner Review Board with written notice of the alleged violation of aftercare release charged against him or her.
(c)  The issuance of a warrant of arrest for an alleged violation of the conditions of aftercare release shall toll the running of the aftercare release term until the final determination of the alleged violation is made.  If the Board finds that the youth has not violated a condition of aftercare release, that period shall be credited to the term.
(d) A person charged with violating a condition of aftercare release shall have a preliminary hearing before a hearing officer designated by the Board to determine if there is probable cause to hold the person for a revocation hearing. However, no preliminary hearing need be held when revocation is based upon new criminal charges and a court finds probable cause on the new criminal charges or when the revocation is based upon a new criminal conviction or a finding of delinquency and a certified copy of that conviction is available.
(e) At the preliminary hearing, the Board may order the releasee held in Department custody or released under supervision pending a final revocation decision of the Board.  A youth who is held in Department custody, shall be released and discharged upon the expiration of the maximum term permitted under the Juvenile Court Act of 1987.
(f) A hearing on revocation shall be conducted before at least one member of the Prisoner Review Board. The Board may meet and order its actions in panels of 3 or more members. The action of a majority of the panel shall be the action of the Board. The member hearing the matter and at least a majority of the panel shall be experienced in juvenile matters. A record of the hearing shall be made. At the hearing the releasee shall be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
(g) If the Board finds that the juvenile has not violated a condition of aftercare release, the Board shall order the juvenile rereleased and aftercare release continued under the existing term and may make specific recommendations to the Department regarding appropriate conditions of release.
(h) If the Board finds that the juvenile has violated a condition of aftercare release, the Board shall either:
(1) revoke aftercare release and order the juvenile     reconfined; or
(2) order the juvenile rereleased to serve a     specified aftercare release term not to exceed the full term permitted under the Juvenile Court Act of 1987 and may make specific recommendations to the Department regarding appropriate conditions of rerelease.
(i) Aftercare release shall not be revoked for failure to make payments under the conditions of release unless the Board determines that the failure is due to the juvenile's willful refusal to pay.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-10) (from Ch. 38, par. 1003-3-10)
Sec. 3-3-10. Eligibility after revocation; release under
supervision.
(a) A person whose parole or mandatory supervised release
has been revoked may be reparoled or rereleased by the
Board at any time to the full parole or mandatory supervised
release term under Section 3-3-8, except that the time which
the person shall remain subject to the Board shall not exceed
(1) the imposed maximum term of imprisonment or confinement
and the parole term for those sentenced under the law in
effect prior to the effective date of this amendatory Act of
1977 or (2) the term of imprisonment imposed by the court and
the mandatory supervised release term for those sentenced
under the law in effect on and after such effective date.
(b) If the Board sets no earlier release date:
(1) A person sentenced for any violation of law which     occurred before January 1, 1973, shall be released under supervision 6 months prior to the expiration of his or her maximum sentence of imprisonment less good time credit under Section 3-6-3.
(2) Any person who has violated the conditions of his     or her parole and been reconfined under Section 3-3-9 shall be released under supervision 6 months prior to the expiration of the term of his or her reconfinement under paragraph (a) of Section 3-3-9 less good time credit under Section 3-6-3. This paragraph shall not apply to persons serving terms of mandatory supervised release.
(3) Nothing herein shall require the release of a     person who has violated his or her parole within 6 months of the date when his or her release under this Section would otherwise be mandatory.
(c) Persons released under this Section  shall be subject
to Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
3-14-3, and
3-14-4.
(d) This Section shall not apply to a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 serving terms of aftercare release.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-11) (from Ch. 38, par. 1003-3-11)
Sec. 3-3-11. 
		(Repealed).
(Source: P.A. 91-325, eff. 7-29-99.  Repealed by P.A. 92-571, eff.
6-26-02.)
(730 ILCS 5/3-3-11.05)
Sec. 3-3-11.05. State Council for Interstate Compacts for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator for the Interstate     Compact for Adult Offender Supervision shall be appointed by the Governor. The Adult Offender Supervision Compact Administrator shall be a representative of the Illinois Department of Corrections and shall act as the day-to-day administrator for the Interstate Compact for Adult Offender Supervision. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Adult Offenders, as provided in Article IV of the Compact.   The Adult Offender Supervision Compact Administrator shall serve as Chairperson of the State Council for Interstate Compacts, except that the State Compact Administrator for the Interstate Compact for Juveniles may be designated by the State Council to serve as Chairperson for the State Council when juvenile issues come before the council.
(2) A Deputy Compact Administrator from probation     shall be appointed by the Supreme Court.
(3) A representative shall be appointed by the     Speaker of the House of Representatives.
(4) A representative shall be appointed by the     Minority Leader of the House of Representatives.
(5) A representative shall be appointed by the     President of the Senate.
(6) A representative shall be appointed by the     Minority Leader of the Senate.
(7) A judicial representative shall be appointed by     the Supreme Court.
(8) A representative from a crime victims' advocacy     group shall be appointed by the Governor.
(9) A parole representative shall be appointed by the     Director of Corrections.
(10) A probation representative shall be appointed by     the Director of the Administrative Office of the Illinois Courts.
(11)  A representative shall be appointed by the     Director of Juvenile Justice.
(12)  The Deputy Compact Administrator (Juvenile)     appointed by the Secretary of Human Services.
(13)  The State Compact Administrator of the     Interstate Compact for Juveniles.
(14)  The persons appointed under clauses (1) through     (13)  of this subsection (a) shall be voting members of the State Council. With the approval of the State Council, persons representing other organizations that may have an interest in the Compact may also be appointed to serve as non-voting members of the State Council by those interested organizations. Those organizations may include, but are not limited to, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police, the Illinois State's Attorneys Association, and the Office of Attorney General.
(b) Terms of appointment.
(1) The Compact Administrators  and the Deputy     Compact Administrators  shall serve at the will of their respective appointing authorities.
(2) The crime victims' advocacy group representative     and the judicial representative shall each serve an initial term of 2 years. Thereafter, they shall each serve for a term of 4 years.
(3) The representatives appointed by the Speaker of     the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate shall each serve for a term of 4 years. If one of these representatives shall not be able to fulfill the completion of his or her term, then another representative shall be appointed by his or her respective appointing authority for the remainder of his or her term.
(4) The probation representative and the parole     representative shall each serve a term of 2 years.
(5)  The time frame limiting the initial term of     appointments for voting representatives listed in clauses (2) through (4) of this subsection (b)  shall not begin until more than 50% of the appointments have been made by the respective appointing authorities.
(c) Duties and responsibilities.
(1) The duties and responsibilities of the State     Council shall be:
(A) To appoint the State Compact Administrator as         Illinois' Commissioner on the Interstate Commission.
(B) To develop by-laws for the operation of the         State Council.
(C) To establish policies and procedures for the         Interstate Compact operations in Illinois.
(D) To monitor and remediate Compact compliance         issues in Illinois.
(E) To promote system training and public         awareness regarding the Compact's mission and mandates.
(F) To meet at least twice a year and otherwise         as called by the Chairperson.
(G) To allow for the appointment of non-voting         members as deemed appropriate.
(H) To issue rules in accordance with Article 5         of the Illinois Administrative Procedure Act.
(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the Department of
Corrections to
support the operations of the State Council and its membership dues to the
Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties imposed pursuant to
Article
XII of the Compact shall be established by the State Council.
(f) Notification of ratification of Compact.  The State Compact
Administrator
shall notify the Governor and Secretary of State when 35 States have enacted
the Compact.
(Source: P.A. 95-937, eff. 8-26-08.)
(730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
Sec. 3-3-11.1. State defined. As used in Sections 3-3-11.05 through 3-3-11.3, unless the
context clearly
indicates otherwise, the term "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any other territorial possessions of the United
States.
(Source: P.A. 95-937, eff. 8-26-08.)
(730 ILCS 5/3-3-11.2) (from Ch. 38, par. 1003-3-11.2)
Sec. 3-3-11.2. Force and effect of compact.
When the Governor of this State shall sign and seal the Interstate Compact for Adult Offender Supervision, the Interstate Compact for Juveniles,
 or any
compact with any other State, pursuant to the provisions of this Act, such
compact or compacts as between the State of Illinois and such other State
so signing shall have the force and effect of law immediately upon the
enactment by such other State of a law giving it similar effect.
(Source: P.A. 95-937, eff. 8-26-08.)
(730 ILCS 5/3-3-11.3) (from Ch. 38, par. 1003-3-11.3)
Sec. 3-3-11.3. 
		Compacts for Crime Prevention and Correction. 
		The Governor of the State of Illinois is further authorized and
empowered to enter into any other agreements or compacts with any of the
United States not inconsistent with the laws of this State or of the
United States, or the other agreeing States, for co-operative effort and
mutual assistance in the prevention of crime and in the enforcement of
the penal laws and policies of the contracting States and to establish
agencies, joint or otherwise, as may be deemed desirable for making
effective such agreements and compacts. The intent and purpose of this
Act is to grant to the Governor of the State of Illinois administrative
power and authority if and when conditions of crime make it necessary to
bind the State in a cooperative effort to reduce crime and to make the
enforcement of the criminal laws of agreeing States more effective, all
pursuant to the consent of the Congress of the United States heretofore
granted.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-3-11.4) (from Ch. 38, par. 1003-3-11.4)
Sec. 3-3-11.4. 
		
		Where supervision of an offender is being
administered
pursuant to the Interstate Compact for Adult Offender Supervision, the
appropriate judicial or administrative
authorities in this State shall notify the Compact Administrator of the
sending State whenever, in their view, consideration should be given to
retaking or reincarceration for a parole or probation violation. Prior to
the giving of any such notification, a hearing shall be held within a
reasonable time as to whether there is probable cause to believe that the
offender has violated a condition of his parole
or probation,
unless such hearing is waived by the offender by way of an admission of
guilt. The
appropriate officer or officers of this State shall as soon as practicable,
following termination of any such hearing, report to the sending State,
furnish a copy of the hearing record, and make recommendations regarding
the disposition to be made of the offender.
(Source: P.A. 92-571, eff. 6-26-02.)
(730 ILCS 5/3-3-11.5)
Sec. 3-3-11.5. 
		Sex offender restrictions.
(a) Definition.  For purposes of this Act, a "sex offender" is any person
who has ever been convicted of a sexual offense or attempt to commit a sexual
offense, and sentenced to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of sentence, or given a
disposition of court supervision for the offense; or adjudicated or found to be
a sexually dangerous person under any law substantially similar to the Sexually
Dangerous Persons Act.
(b) Residency restrictions.  No sex offender shall be accepted for
supervised or conditioned residency in Illinois under the Interstate Compact
for Adult Offender Supervision
unless he or she:
(1) Complies with any registration requirements     imposed by the Sex Offender Registration Act within the times prescribed and with law enforcement agencies designated under that Act;
(2)  Complies with the requirements of paragraph     (a)(5) of Section 5-4-3 of the Unified Code of Corrections relating to the submission of blood specimens for genetic marker grouping by persons seeking transfer to or residency in Illinois; and
(3) Signs a written form approved by the Department     of Corrections which, at a minimum, includes the substance of this Section or a summary of it and an acknowledgement that he or she agrees to abide by the conditions set forth in that document and this Section.
(Source: P.A. 92-571, eff. 6-26-02.)
(730 ILCS 5/3-3-12) (from Ch. 38, par. 1003-3-12)
Sec. 3-3-12. 
		Parole Outside State. 
		The Prisoner Review
Board may assign a non-resident person or a
person whose family, relatives, friends or employer reside
outside of this State, to a person, firm or company in some
state other than Illinois, to serve his parole or mandatory
supervised release pursuant to the Interstate Compact for Adult Offender
Supervision. An inmate so released shall make
regular
monthly reports in writing to the Department or supervising
authority, obey the rules of the Board, obey the laws of such
other state, and in all respects keep faithfully his parole or
mandatory supervised release agreement until discharged. Should
such person violate his agreement, he shall from the date of
such violation be subject to the provisions of Section 3-3-9.
(Source: P.A. 92-571, eff. 6-26-02.)
(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
Sec. 3-3-13. Procedure for executive clemency.
(a) Petitions seeking pardon, commutation, or reprieve shall be
addressed to the Governor and filed with the Prisoner Review
Board.  The petition shall be in writing and signed by the
person under conviction or by a person on his behalf. It shall
contain a brief history of the case, the reasons for seeking
executive clemency, and other relevant information the Board may require.
(a-5) After a petition has been denied by the Governor, the Board may not
accept a repeat petition for executive clemency for the same person until one
full year has elapsed from the date of the denial.  The Chairman of the Board
may waive the one-year requirement if the petitioner offers in writing
new information that was unavailable to the petitioner at the time
of the filing of the prior petition and which the Chairman determines to be
significant.  The Chairman also may waive the one-year
waiting period if the petitioner can show that a change in circumstances of a
compelling humanitarian nature has arisen since the denial of the prior
petition.
(b) Notice of the proposed application shall be given by
the Board to the committing court and the state's attorney of
the county where the conviction was had.
(b-5) Victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the executive clemency hearing date. The victim has the right to submit a victim statement to the Prisoner Review Board for consideration at an executive clemency hearing as provided in subsection (c) of this Section. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public.
(c) The Board shall, upon due notice,
give a hearing to each application, allowing representation by
counsel, if desired, after which it shall confidentially
advise the Governor by a written report of its recommendations
which shall be determined by majority vote. The written report to the Governor shall be confidential and privileged, including any reports made prior to the effective date of this amendatory Act of the 101st General Assembly. The Board shall
meet to consider such petitions no less than 4 times each
year.
(d) The Governor shall decide each application and
communicate his decision to the Board which shall notify the
petitioner.
In the event a petitioner who has been convicted of a Class X felony is
granted a release, after the Governor has communicated such decision to
the Board, the Board shall give written notice to the Sheriff of the county
from which the offender was sentenced if such sheriff has requested that
such notice be given on a continuing basis. In cases where arrest of the
offender or the commission of the offense took place in any municipality
with a population of more than 10,000 persons, the Board shall also give
written notice to the proper law enforcement agency for said municipality
which has requested notice on a continuing basis.
(e) Nothing in this Section shall be construed to limit the power of the
Governor under the constitution to grant a reprieve, commutation of sentence,
or pardon.
(Source: P.A. 103-51, eff. 1-1-24.)
(730 ILCS 5/3-3-14)
Sec. 3-3-14. Procedure for medical release.
(a)     Definitions.
(1) As used in this Section, "medically     incapacitated" means that an inmate has any diagnosable medical condition, including dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing more than one activity of daily living without assistance or that incapacitates the inmate to the extent that institutional confinement does not offer additional restrictions, and that the condition is unlikely to improve noticeably in the future.
(2) As used in this Section, "terminal illness" means     a condition that satisfies all of the following criteria:
(i) the condition is irreversible and incurable;         and
(ii) in accordance with medical standards and a         reasonable degree of medical certainty,
based on an individual assessment of the inmate, the condition is likely to cause death to
the inmate within 18 months.
(b) The Prisoner Review Board shall consider an application for compassionate release on behalf of any inmate who meets any of the following:
(1) is suffering from a terminal illness; or
(2) has been diagnosed with a condition that will     result in medical incapacity within the              next 6 months;  or
(3) has become medically incapacitated subsequent to     sentencing due to illness or injury.
(c) Initial application.
(1) An initial application for medical release may be     filed with the Prisoner Review Board by an inmate, a prison official, a medical professional who has treated or diagnosed the inmate, or an inmate's spouse, parent, guardian, grandparent, aunt or uncle, sibling, child over the age of eighteen years, or attorney.  If the initial application is made by someone other than the inmate, the inmate, or if the inmate is medically unable to consent, the guardian or family member designated to represent the inmate's interests must consent to the application at the time of the institutional hearing.
(2) Application materials shall be maintained on the     Prisoner Review Board's website and the Department of Corrections' website and maintained in a clearly visible place within the law library and the infirmary of every penal institution and facility operated by the Department of Corrections.
(3) The initial application need not be notarized,     can be sent via email or facsimile, and must contain the following information:
(i) the inmate's name and Illinois Department of         Corrections number;
(ii) the inmate's diagnosis;
(iii) a statement that the inmate meets one of         the following diagnostic criteria:
(A) the inmate is suffering from a terminal             illness;
(B) the inmate has been diagnosed with a             condition that will result in
medical incapacity within the next 6 months; or
(C) the inmate has become medically             incapacitated subsequent to
sentencing due to illness or injury.
(4) Upon receiving the inmate's initial application,     the Board shall order the Department of Corrections to have a physician or nurse practitioner evaluate the inmate and create a written evaluation within ten days of the Board's order.  The evaluation shall include but need not be limited to:
(i) a concise statement of the inmate's medical         diagnosis, including prognosis,
likelihood of recovery, and primary symptoms, to include incapacitation; and
(ii) a statement confirming or denying that the         inmate meets one of the criteria
stated in subsection (b) of this Section.
(d) Institutional hearing.  No public institutional hearing is required for consideration of a petition, but shall be granted at the request of the petitioner. The inmate may be represented by counsel and may present witnesses to the Board members. Hearings shall be governed by the Open Parole Hearings Act.
(e) Voting procedure. Petitions shall be considered by three-member panels, and decisions shall be made by simple majority.
(f) Consideration. In considering a petition for release under the statute, the Prisoner Review Board may consider the following factors:
(i) the inmate's diagnosis and likelihood of         recovery;
(ii) the approximate cost of health care to the         State should the inmate remain in custody;
(iii) the impact that the inmate's continued         incarceration may have on the provision of
medical care within the Department;
(iv) the present likelihood of and ability to         pose a substantial danger to the physical safety
of a specifically identifiable person or persons;
(v) any statements by the victim regarding         release; and
(vi) whether the inmate's condition was         explicitly disclosed to the original sentencing judge
and taken into account at the time of sentencing.
(g) Inmates granted medical release shall be released on mandatory supervised release for a period of 5 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years imposed upon him or her. However, in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as set forth in Section 5-4.5-20.
(h) Within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release.
(i) Nothing in this statute shall preclude a petitioner from seeking alternative forms of release, including clemency, relief from the sentencing court, post-conviction relief, or any other legal remedy.
(j) This act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois.
(k) Data report. The Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports the following information about the Medical Release Program:
(1) The number of applications for medical release     received by the Board in the preceding year, and information about those applications, including:
(i) demographic data about the individual,         including race or ethnicity, gender, age, and institution;
(ii) the highest class of offense for which the         individual is incarcerated;
(iii) the relationship of the applicant to the         person completing the application;
(iv) whether the applicant had applied for         medical release before and been denied, and, if so, when;
(v) whether the person applied as a person who is         medically incapacitated or a person who is terminally ill; and
(vi)   a basic description of the underlying         medical condition that led to the application.
(2) The number of medical statements from the     Department of Corrections received by the Board.
(3) The number of institutional hearings on medical     release applications conducted by the Board.
(4) The number of people approved for medical     release, and information about them, including:
(i) demographic data about the individual         including race or ethnicity, gender, age, and zip code to which they were released;
(ii) whether the person applied as a person who         is medically incapacitated or a person who is terminally ill;
(iii) a basic description of the underlying         medical condition that led to the application; and
(iv) a basic description of the medical setting         the person was released to.
(5) The number of people released on the medical     release program.
(6) The number of people approved for medical release     who experienced more than a one-month               delay between release decision and ultimate release, including:
(i) demographic data about the individuals         including race or ethnicity, gender and age;
(ii) the reason for the delay;
(iii) whether the person remains incarcerated; and
(iv) a basic description of the underlying         medical condition of the applying person.
(7) For those individuals released on mandatory     supervised release due to a granted application for medical release:
(i) the number of individuals who were serving         terms of mandatory supervised release because of medical release applications during the previous year;
(ii) the number of individuals who had their         mandatory supervised release revoked; and
(iii) the number of individuals who died during         the previous year.
(8) Information on seriously ill individuals     incarcerated at the Department of Corrections, including:
(i) the number of people currently receiving         full-time one-on-one medical care or assistance with activities of daily living within Department of Corrections facilities and whether that care is provided by a medical practitioner or an inmate, along with the institutions at which they are incarcerated; and
(ii) the number of people who spent more than one         month in outside hospital care during the previous year and their home institutions.
All the information provided in this report shall be provided in aggregate, and nothing shall be
              construed to require the public dissemination of any personal medical information.
(Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)
(730 ILCS 5/3-3-15)
Sec. 3-3-15. Prisoner Review Board; sole discretion to grant medical release.  A grant of medical release under this Article shall be an act of executive and legislative grace and shall be at the sole discretion of the Prisoner Review Board.
(Source: P.A. 102-494, eff. 1-1-22.)
(730 ILCS 5/Ch. III Art. 4 heading)
ARTICLE 4.  
		FINANCIAL AND PROPERTY ADMINISTRATION
(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; Department of
Corrections Reimbursement and Education Fund.
(a) The Department may accept, receive and use, for and in behalf of the
State, any moneys, goods or services given for general purposes of this
Code by the federal government or from any other source, public
or private, including collections from inmates, reimbursement of payments
under the Workers' Compensation Act, and commissions from inmate collect call
telephone systems under an agreement with the Department of Central Management
Services.  For these purposes the Department may comply with such
conditions and enter into such agreements upon such covenants, terms, and
conditions as the Department may deem necessary or desirable, if the
agreement is not in conflict with State law.
(a-5) Beginning January 1, 2018, the Department of Central Management Services shall contract with the
qualified vendor who proposes the lowest per minute rate not exceeding 7 cents per minute for
debit, prepaid, collect calls and who does not bill to any party any tax, service charge, or additional fee
exceeding the per minute rate, including, but not limited to, any per call surcharge, account set up
fee, bill statement fee, monthly account maintenance charge, or  refund fee as established by the
Federal Communications Commission Order for state prisons in the Matter of Rates for Interstate
Inmate Calling Services, Second Report and Order, WC Docket 12-375, FCC 15-136 (adopted Oct. 22,
2015).  Telephone services made available through a prepaid or collect call system shall
include international calls; those calls shall be made available at reasonable rates subject to Federal
Communications Commission rules and regulations, but not to exceed 23 cents per minute. Public Act 99-878 applies to any new or renewal contract for inmate calling services.
(b) On July 1, 1998, the Department of Corrections Reimbursement Fund
and the Department of Corrections Education Fund shall be combined into a
single fund to be known as the Department of Corrections Reimbursement and
Education Fund, which is hereby created as a special fund in the State
Treasury.  The moneys deposited into the Department of Corrections
Reimbursement and Education Fund shall be appropriated to the
Department of Corrections for the expenses of the Department.
The following shall be deposited into the Department of Corrections
Reimbursement and Education Fund:
(i) Moneys received or recovered by the Department of     Corrections as reimbursement for expenses incurred for the incarceration of committed persons.
(ii) Moneys received or recovered by the Department     as reimbursement of payments made under the Workers' Compensation Act.
(iii) Moneys received by the Department as     commissions from inmate collect call telephone systems.
(iv) Moneys received or recovered by the Department     as reimbursement for expenses incurred by the employment of persons referred to the Department as participants in the federal Job Training Partnership Act programs.
(v) Federal moneys, including reimbursement and     advances for services rendered or to be rendered and moneys for other than educational purposes, under grant or contract.
(vi) Moneys identified for deposit into the Fund     under Section 13-44.4 of the School Code.
(vii) Moneys in the Department of Corrections     Reimbursement Fund and the Department of Corrections Education Fund at the close of business on June 30, 1998.
(c) The Department of Juvenile Justice Reimbursement and Education Fund is created as a special fund in the State Treasury. The moneys deposited into the Department of Juvenile Justice Reimbursement Fund and Education shall be appropriated to the Department of Juvenile Justice for the expenses of the Department. The following moneys shall be deposited into the Department of Juvenile Justice Reimbursement Fund and Education Fund:
(i) received or recovered by the Department of     Juvenile Justice as reimbursement for expenses incurred for the incarceration of committed youth;
(ii) received or recovered by the Department as     reimbursement of payments made under the Workers' Compensation Act;
(iii) received or recovered by the Department as     reimbursement for expenses incurred by the employment of persons referred to the Department as participants in the federal Job Training Partnership Act programs;
(iv) federal moneys, including reimbursement and     advances for services rendered or to be rendered and moneys for other than educational purposes, under grant or contract; and
(v) moneys identified for deposit into the Fund under     Section 13-44.6 of the School Code.
(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)
(730 ILCS 5/3-4-2) (from Ch. 38, par. 1003-4-2)
Sec. 3-4-2. 
		Disposition of Property. 
		(a) The Department may with the consent of the Director of Central Management
Services lease its unneeded, unused or unproductive land
upon such terms and conditions, as in its judgment are in the best interest
of the State; but any such lease shall provide for the cancellation thereof
by the Department, upon reasonable notice given by the Department whenever
such land may be needed by the Department or any other agency of this
State. Land leased by the Department shall not be placed under a land
trust.
(b) The Department may transfer any realty under its control to any
other department of this State government or to the State Employees Housing
Commission, or acquire or accept Federal or other lands, when such transfer
or acquisition is advantageous to the State and approved in writing by the
Governor.
(Source: P.A. 83-597.)
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
Sec. 3-4-3. Funds and Property of Persons Committed.
(a) The Department of Corrections and the Department of Juvenile Justice shall establish accounting records with accounts
for each person who has or receives money while in an institution or
facility of that Department and it shall allow the withdrawal and
disbursement of money by the person under rules and regulations of that

Department. Any interest or other income from moneys deposited with the
Department by
a resident of the Department of Juvenile Justice in excess of $200
shall accrue to the individual's account, or in balances up to $200 shall
accrue to the Residents'
Benefit Fund.  For an individual in an institution or facility
of the Department of Corrections the interest shall accrue to the Residents' Benefit
Fund.  The Department shall disburse all
moneys so held no later than the
person's final discharge from the Department. Moneys in the account of a
committed person who files a lawsuit determined frivolous under Article XXII of
the Code
of Civil Procedure shall be deducted to pay for the filing fees and cost of the
suit as
provided in that Article. The Department shall under
rules and regulations record and receipt all personal property not
allowed to committed persons. The Department shall return such property
to the individual no later than the person's release on parole or aftercare.
(b) Any money held in accounts of committed persons separated from
the Department by death, discharge, or unauthorized absence and
unclaimed for a period of 1 year thereafter by the person or his legal
representative shall be transmitted to the State Treasurer who shall deposit
it into the General Revenue Fund. Articles of personal
property of
persons so separated may be sold or used by the Department if unclaimed
for a period of 1 year for the same purpose. Clothing, if unclaimed
within 30 days, may be used or disposed of as determined by the
Department.
(c) Forty percent of the profits on sales from commissary stores shall
be
expended by the
Department for the special benefit of committed persons which shall include
but not be limited to the advancement of inmate payrolls, for the special
benefit of employees, and for the advancement or reimbursement of employee
travel,
provided that amounts expended for employees shall not exceed the amount
of profits derived from sales made to employees by such commissaries, as
determined by the Department. The remainder of the profits from sales from
commissary
stores must be used first to pay for wages and benefits of employees covered
under a
collective bargaining agreement who are employed at commissary facilities of
the
Department and then to pay the costs of dietary staff.
(d) The Department shall confiscate any unauthorized currency found in the
possession of a committed person.  The Department shall transmit the
confiscated currency to the State Treasurer who shall deposit it into the
General Revenue Fund.
(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)
(730 ILCS 5/3-4-3.1)
Sec. 3-4-3.1. Identification documents of committed persons.
(a) Driver's licenses, State issued identification cards, social security account cards, or other government issued identification documents in possession of a county sheriff at the time a person is committed to the Illinois Department of Corrections shall be forwarded to the Department.
(b) The Department shall retain the government issued identification documents of a committed person at the institution in which the  person is incarcerated and shall ensure that the documents are forwarded to any institution to which the  person is transferred.
(c) The government issued identification documents of a committed person shall be made available to the person upon discharge from the Department.
(Source: P.A. 96-365, eff. 1-1-10.)
(730 ILCS 5/3-4-4) (from Ch. 38, par. 1003-4-4)
Sec. 3-4-4. 
		Interstate Corrections Compact. 
		(a) The State of Illinois ratifies and approves the following
compact:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to fully utilize and improve
their institutional facilities and provide adequate programs for the
confinement, treatment and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such
facilities and programs on a basis of cooperation with one another, thereby
serving the best interests of such offenders and of society and effecting
economies in capital expenditures and operational costs. The purpose of
this compact is to provide for the mutual development and execution of such
programs of cooperation for the confinement, treatment and rehabilitation
of offenders with the most economical use of human and material resources.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States; the United States of
America; a territory or possession of the United States; the District of
Columbia; the commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which an
inmate is sent for confinement other than a state in which conviction or
court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under
sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including
but not limited to a facility for the mentally ill or mentally
defective, in which inmates as defined in (d) above may lawfully be confined.
ARTICLE III
CONTRACTS
(a) Each party state may make one or more contracts with any one or more
of the other party states for the confinement of inmates on behalf of a
sending state in institutions situated within receiving states. Any such
contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for
inmate maintenance, extraordinary medical and dental expenses, and any
participation in or receipt by inmates of rehabilitative or correctional
services, facilities, programs or treatment not reasonably included as
part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on account
thereof; and the crediting of proceeds from or disposal of any products
resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any
contract entered into by the authority of or pursuant thereto, and nothing
in any such contract shall be inconsistent therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(a) Whenever the duly constituted authorities in a state party to this
compact, and which has entered into a contract pursuant to Article III,
shall decide that confinement in, or transfer of an inmate to, an
institution within the territory of another party state is necessary or
desirable in order to provide adequate quarters and care or an
appropriate program of rehabilitation or treatment, such official
may direct that the
confinement be within an institution within the territory of such other
party state, the receiving state to act in that regard solely as agent
for the sending state.
(b) The appropriate officials of any state party to this compact shall
have access, at all reasonable times, to any institution in which it has
a contractual right to confine inmates for the purpose of inspecting the
facilities thereof and visiting such of its inmates as may be confined
in the institution.
(c) Inmates confined in an institution pursuant to this compact shall at
all times be subject to the jurisdiction of the sending state and may at
any time be removed therefrom for transfer to a prison or other
institution within the sending state, for transfer to another
institution in which the
sending state may have a contractual or other right to confine inmates, for
release on probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state. However, the sending state
shall continue to be obligated to such payments as may be required pursuant
to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending
state on the inmates of that sending state who are in institutions
pursuant to this compact including a conduct record of each inmate and shall
certify such record to the official designated by the sending state, in order
that each inmate may have official review of his or her record in determining
and altering the disposition of the inmate in accordance with the law
which may obtain in the sending state and in order that the same may be a
source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to this
compact shall be treated in a reasonable and humane manner and shall be
treated equally with such similar inmates of the receiving state as may
be confined in the same institution. The fact of confinement in a receiving
state shall not deprive any inmate so confined of any legal rights which
the inmate would have had if confined in an appropriate institution of
the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this
compact may be entitled by the laws of the sending state may be had before
the appropriate authorities of the sending state, or of the receiving state
if authorized by the sending state. The receiving state shall provide
adequate facilities for such hearing as may be conducted by the appropriate
officials of a sending state. In the event such hearing or hearings are had
before officials of the receiving state, the governing law shall be that of
the sending state and a record of the hearing or hearings as prescribed by
the sending state shall be made. The record together with any
recommendations of the hearing officials shall be transmitted forthwith to
the official or officials before whom the hearing would have been had if
it had taken place in the sending state. In any and all proceedings had
pursuant to the provisions of this paragraph (f), the officials of the
receiving state shall act solely as agents of the sending state and no
final determination shall be made in any matter except by the appropriate
officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate and the sending
and receiving states shall agree upon release in some other place. The
sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to this compact shall have any rights
and all rights to participate in and derive any benefits or incur or be
relieved of any obligations or have such obligations modified or his status
changed on account of any action or proceeding in which he could have
participated if confined in any appropriate institution of the sending
state located within such state.
(i) The parent, guardian, trustee or other person or persons entitled
under the laws of the sending state to act for, advise or otherwise
function with respect to any inmate shall not be deprived of or restricted
in his exercise of any power in respect of any inmate confined pursuant
to the terms of this compact.
ARTICLE V
ACT NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION
(a) Any decision of the sending state in respect of any matter over
which it retains jurisdiction pursuant to this compact shall be conclusive
upon and not reviewable within the receiving state, but if at the time the
sending state seeks to remove an inmate from an institution in the
receiving state there is pending against the inmate within such state any
criminal charge or if the inmate is formally accused of having committed
with such state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment or detention for such
offense. The duly accredited officer of the sending state shall be
permitted to transport inmates pursuant to this compact through any and all
state party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined
pursuant to this compact shall be deemed a fugitive from the sending state
and from the state in which the institution escaped from is situated. In
the case of an escape to a jurisdiction other than the sending or receiving
state, the responsibility for institution of extradition or rendition
proceedings shall be that of the sending state, but nothing contained
herein shall be construed to prevent or affect the activities of officers
and agencies of any jurisdiction directed toward the apprehension and
return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or may be
affected by this compact or any contract pursuant thereto. Any inmate in a
receiving state pursuant to this compact may participate in any such
federally aided program or activity for which the sending and receiving
states have made contractual provision. However, if such program or
activity is not part of the customary correctional regimen, the express
consent of the appropriate official of the sending state shall be
required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and binding
upon the states so acting when it has been enacted into law by any 2
states. Thereafter, this compact shall enter into force and become
effective and binding as to any other of such states upon similar action
by such state.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party
state until it shall have enacted a statute repealing the compact and
providing for the sending of formal written notice of withdrawal from the
compact to the appropriate officials of all other party states. An actual
withdrawal shall not take effect until one year after the notices provided
in the statute have been sent. Such withdrawal shall not relieve the
withdrawing state from its obligations assumed hereunder prior to the
effective date of withdrawal. Before the effective date of withdrawal, a
withdrawal state shall remove to its territory, at its own expense, such
inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or
impair an agreement or other arrangement which a party state may have with
a non-party state for the confinement, rehabilitation or treatment of
inmates, nor to repeal any other laws of a party state authorizing the
making of cooperative institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any participating state or
of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect as
to the remaining states and in full force and effect as to the state
affected as to all severable matters.
(b) Powers. The Department of Corrections is authorized and directed to
do all things necessary or incidental to the carrying out of the compact
in every particular.
(Source: P.A. 77-2097.)
(730 ILCS 5/Ch. III Art. 5 heading)
ARTICLE 5.  
		RECORDS AND REPORTS
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
(Text of Section from P.A. 103-18)
Sec. 3-5-1. Master record file.
(a) The Department of Corrections and the Department of Juvenile Justice shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in     accordance with Section 4.5 of the Criminal Identification Act and Section 2-5 of the No Representation Without Population Act;
(1.6) the committed person's last known complete     street address prior to incarceration or legal residence collected in accordance with Section 2-5 of the No Representation Without Population Act;
(2) reception summary;
(3) evaluation and assignment reports and     recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and     disposition, including tickets and Administrative Review Board action;
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family     relationships;
(12) any grievances filed and responses to those     grievances; and
(13) other information that the respective Department     determines is relevant to the secure confinement and rehabilitation of the committed person.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
respective Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
respective Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any such information
which in the opinion of the Department of Juvenile Justice or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody
of the respective Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the respective Department.
(f) A committed person may request a summary of the committed person's master record file once per year and the committed person's  attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days.  The summary must contain, unless otherwise prohibited by law:
(1)  the person's name, ethnic, racial, last known     street address prior to incarceration or legal residence, and other identifying information;
(2) all digitally available information from the     committing court;
(3)  all information in the Offender 360 system on     the person's criminal history;
(4) the person's complete assignment history in the     Department of Corrections;
(5) the person's disciplinary card;
(6) additional records about up to 3 specific     disciplinary incidents as identified by the requester;
(7) any available records about up to 5 specific     grievances filed by the person, as identified by the requester; and
(8)  the records of all grievances filed on or after     January 1, 2023.
Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-18, eff. 1-1-24.)
(Text of Section from P.A. 103-71)
Sec. 3-5-1. Master record file.
(a) The Department of Corrections and the Department of Juvenile Justice shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in     accordance with Section 4.5 of the Criminal Identification Act;
(2) reception summary;
(3) evaluation and assignment reports and     recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and     disposition, including tickets and Administrative Review Board action;
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family     relationships;
(12) any grievances filed and responses to those     grievances;
(13) other information that the respective Department     determines is relevant to the secure confinement and rehabilitation of the committed person;
(14)  the last known address provided by the person     committed; and
(15) all medical and dental records.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
respective Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
respective Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any such information
which in the opinion of the Department of Juvenile Justice or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody
of the respective Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the respective Department.
(f) A committed person may request a summary of the committed person's master record file once per year and the committed person's  attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days.  The summary must contain, unless otherwise prohibited by law:
(1)  the person's name, ethnic, racial, and other     identifying information;
(2) all digitally available information from the     committing court;
(3)  all information in the Offender 360 system on     the person's criminal history;
(4) the person's complete assignment history in the     Department of Corrections;
(5) the person's disciplinary card;
(6) additional records about up to 3 specific     disciplinary incidents as identified by the requester;
(7) any available records about up to 5 specific     grievances filed by the person, as identified by the requester; and
(8)  the records of all grievances filed on or after     January 1, 2023.
Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act.
(g)  Subject to appropriation, on or before  July 1, 2025, the Department of Corrections shall digitalize all newly  committed persons' master record files who
become incarcerated and all other new information that the Department maintains concerning its correctional
institutions, facilities, and individuals incarcerated.
(h) Subject to appropriation, on or before July 1, 2027, the Department of Corrections shall digitalize all medical and dental records in the master
record files and all other information that the Department maintains concerning its correctional institutions
and facilities in relation to medical records, dental records, and medical and dental needs of committed persons.
(i) Subject to appropriation, on or before July 1, 2029, the Department of Corrections shall digitalize all information in the master record
files and all other information that the Department
maintains concerning its correctional institutions and facilities.
(j) The Department of Corrections shall adopt rules to implement subsections (g), (h), and (i) if appropriations are available to implement these provisions.
(k) Subject to appropriation, the Department of Corrections, in consultation with the Department of Innovation and Technology, shall conduct a study on the best way to digitize all Department of Corrections records and the impact of that digitizing on State agencies, including the impact on the Department of Innovation and Technology.  The study shall be completed on or before January 1, 2024.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-71, eff. 6-9-23.)
(Text of Section from P.A. 103-154)
Sec. 3-5-1. Master Record File.
(a) The Department of Corrections and the Department of Juvenile Justice shall
maintain a master record file on each person committed to it,
which shall contain the following information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in     accordance with Section 4.5 of the Criminal Identification Act;
(2) reception summary;
(3) evaluation and assignment reports and     recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and     disposition, including tickets and Administrative Review Board action;
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family     relationships;
(12) any grievances filed and responses to those     grievances; and
(13) other information that the respective Department     determines is relevant to the secure confinement and rehabilitation of the committed person.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department or by disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall keep a record of all
outside personnel who have access to files, the files reviewed,
any file material copied, and the purpose of access. If the
respective Department or the Prisoner Review Board makes a determination
under this Code which affects the length of the period of
confinement or commitment, the committed person and his counsel
shall be advised of factual information relied upon by the
respective Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any such information
which in the opinion of the Department of Juvenile Justice or Board would be
detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department in
charge of the person. When custody of a person is transferred
from the Department to another department or agency, a
summary of the file shall be forwarded to the receiving
agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody
of the respective Department shall be placed on inactive status and its
use shall be restricted subject to rules and regulations of
the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect
to individuals committed to the respective Department.
(f) A committed person may request a summary of the committed person's master record file once per year and the committed person's  attorney may request one summary of the committed person's master record file once per year. The Department shall create a form for requesting this summary, and shall make that form available to committed persons and to the public on its website. Upon receipt of the request form, the Department shall provide the summary within 15 days.  The summary must contain, unless otherwise prohibited by law:
(1)  the person's name, ethnic, racial, and other     identifying information;
(2) all digitally available information from the     committing court;
(3)  all information in the Offender 360 system on     the person's criminal history;
(4) the person's complete assignment history in the     Department of Corrections;
(5) the person's disciplinary card;
(6) additional records about up to 3 specific     disciplinary incidents as identified by the requester;
(7) any available records about up to 5 specific     grievances filed by the person, as identified by the requester; and
(8)  the records of all grievances filed on or after     January 1, 2023.
Notwithstanding any provision of this subsection (f) to the contrary, a committed person's master record file is not subject to disclosure and copying under the Freedom of Information Act.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 103-154, eff. 6-30-23.)
(730 ILCS 5/3-5-2) (from Ch. 38, par. 1003-5-2)
Sec. 3-5-2. 
		Institutional Record. 
		
		The Department shall maintain records of the examination, assignment,
transfer, discipline of committed persons and what grievances, if any, are
made in each of its institutions, facilities and programs. The record shall
contain the name of the persons involved, the time, date, place and purpose
of the procedure, the decision and basis therefor, and any review of the
decision made.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-5-3)
Sec. 3-5-3. (Repealed).
(Source: P.A. 98-528, eff. 1-1-15. Repealed by P.A. 103-363, eff. 7-28-23.)
(730 ILCS 5/3-5-3.1) (from Ch. 38, par. 1003-5-3.1)
Sec. 3-5-3.1. Report to the General Assembly.
(a) As used in this Section, "facility" includes any
facility of the Department of Corrections.
(b) The Department of Corrections shall, by
January 1st, April
1st, July 1st, and October 1st of each year, electronically transmit to the General
Assembly, a report which shall include the following information reflecting the period
ending 30 days prior to the submission of the report:
(1) the number of residents in all Department     facilities indicating the number of residents in each listed facility;
(2) a classification of each facility's residents by     the nature of the offense for which each resident was committed to the Department;
(3) the number of residents in maximum, medium, and     minimum security facilities indicating the classification of each facility's residents by the nature of the offense for which each resident was committed to the Department;
(4) the educational and vocational programs provided     at each facility and the number of residents participating in each such program;
(5) the present design and rated capacity levels in     each facility;
(6) the projected design and rated capacity of each     facility six months and one year following each reporting date;
(7) the ratio of the security staff to residents in     each facility;
(8) the ratio of total employees to residents in each     facility;
(9) the number of residents in each facility that are     single-celled and the number in each facility that are double-celled;
(10) information indicating the distribution of     residents in each facility by the allocated floor space per resident;
(11) a status of all capital projects currently     funded by the Department, location of each capital project, the projected on-line dates for each capital project, including phase-in dates and full occupancy dates;
(12) the projected adult prison facility populations     of the Department for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimates;
(13) the projected exits and projected admissions in     each facility for each of the succeeding twelve months following each reporting date, indicating all assumptions built into such population estimate;
(14) the locations of all Department-operated or     contractually operated community correctional centers, including the present design and rated capacity and population levels at each facility;
(15) the number of reported assaults on employees at     each facility;
(16) the number of reported incidents of resident     sexual aggression towards employees at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive language; and
(17) the number of employee injuries resulting from     resident violence at each facility including descriptions of the nature  of the injuries, the number of  injuries requiring medical treatment at the facility, the number of  injuries requiring outside medical treatment, and the number of days off work per injury.
For purposes of this Section, the definition of assault on staff includes, but is not limited to, kicking, punching, knocking down, harming or threatening to harm with improvised weapons, or throwing urine or feces at staff.
The report shall also include the data collected under Section 3-2-12 of this Code in the manner required under that Section. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.
(c) A copy of the report required under this Section shall be posted to the Department's Internet website at the time the report  is submitted to the General Assembly.
(d) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act.
(e) The Department shall:
(1)  establish a reasonable procedure for employees     to report work-related assaults and injuries. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace assault or injury;
(2) inform each employee:
(A)  of the procedure for reporting work-related         assaults and injuries;
(B)  of the right to report work-related assaults         and injuries; and
(C)  that the Department is prohibited from         discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and
(3) not discharge, discipline, or in any manner     discriminate against any employee for reporting a work-related assault or injury.
(Source: P.A. 100-907, eff. 1-1-19; 100-1075, eff. 1-1-19; 101-81, eff. 7-12-19.)
(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the
Department of Healthcare and Family Services

information that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department shall not be liable
to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) under subsection (a)
or for any
other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 99-85, eff. 1-1-16.)
(730 ILCS 5/Ch. III Art. 6 heading)
ARTICLE 6.  
		INSTITUTIONS; FACILITIES; AND PROGRAMS
(730 ILCS 5/3-6-1) (from Ch. 38, par. 1003-6-1)
Sec. 3-6-1. Institutions; facilities; and programs.
(a) The Department shall designate those institutions and facilities
which shall be maintained for persons assigned as adults.
(b) The types, number and population of institutions and facilities
shall be determined by the needs of committed persons for treatment and the
public for protection. All institutions and programs shall conform to the
minimum standards under this Chapter.
(Source: P.A. 101-219, eff. 1-1-20.)
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and facility administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director.  A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of
1987.  This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3-8-5 or Section 3-10-5.
(d) The Department of Juvenile Justice shall provide educational programs for all
committed youth so that all youth have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department of Corrections who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department of Corrections and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department of Corrections, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree.  The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department of Corrections under rules and regulations that
it shall establish for that purpose.  However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department of Corrections until paid.
(d-5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result.  Implementation of this subsection (d-5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State.  If such physician or physicians advise:
(1) that immediate medical or surgical treatment is     required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and
(2) that the person is not capable of giving consent     to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.
(e-5) If a physician providing medical care to a committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department. Neither the Department of Corrections nor the Department of Juvenile Justice may require a committed person or person committed to any facility operated by the Department of Juvenile Justice, as set
forth in Section 3-2.5-15 of this Code, to pay any co-payment for receiving medical or dental services.
(f-5) The Department shall comply with the Health Care Violence Prevention Act.
(g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either     separately or together, preceding the inmate's release; and
(6) a prerelease reunification staffing involving the     family  advocate, the inmate and the child's counselor, or both and the inmate.
(i) (Blank).
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections.  The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Juvenile Justice

for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a facility of the Department or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information verbally,  in writing, by video, or other electronic means, concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health.   At the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (d) of Section 3 and Section 5 of the AIDS Confidentiality Act.  The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act.  If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record.  The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results.  All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically.  The
testing provided under this subsection (l) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention.  If the test result is positive,  a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
(m)  The chief administrative officer of each institution or facility of the Department shall make a room in the institution or facility available for substance use disorder services to be provided to committed persons on a voluntary basis. The services shall be provided for one hour once a week at a time specified by the chief administrative officer of the institution or facility if the following conditions are met:
(1)  the substance use disorder service contacts the     chief administrative officer to arrange the meeting;
(2) the committed person may attend the meeting for     substance use disorder services only if the committed person uses pre-existing free time already available to the committed person;
(3)  all disciplinary and other rules of the     institution or facility remain in effect;
(4) the committed person is not given any additional     privileges to attend substance use disorder services;
(5)  if the substance use disorder service does not     arrange for scheduling a meeting for that week, no substance use disorder services shall be provided to the committed person in the institution or facility for that week;
(6)  the number of committed persons who may attend a     substance use disorder meeting shall not exceed 40 during any session held at the correctional institution or facility;
(7)  a volunteer seeking to provide substance use     disorder services under this subsection (m) must submit an application to the Department of Corrections under existing Department rules and the Department must review the application within 60 days after submission of the application to the Department; and
(8)  each institution and facility of the Department     shall manage the substance use disorder services program according to its own processes and procedures.
For the purposes of this subsection (m), "substance use disorder services" means recovery services for persons with substance use disorders provided by volunteers of recovery support services recognized by  the Department of Human Services.
(Source: P.A. 101-81, eff. 7-12-19; 101-86, eff. 1-1-20; 102-350, eff. 8-13-21.)
(730 ILCS 5/3-6-2.5)
Sec. 3-6-2.5. 
		Immersible heating coils prohibited. 
		Each chief
administrative
officer of an Adult Department of Corrections maximum security facility
may not allow committed persons to have access to
heating elements including, but not limited to, immersible heating coils
commonly known as "stingers".
(Source: P.A. 91-912, eff. 7-7-00.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
(Text of Section from P.A. 103-51)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be awarded for the following:
(A) successful completion of programming while in     custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;
(B) compliance with the rules and regulations of the     Department; or
(C) service to the institution, service to a     community, or service to the State.
(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with
respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with
respect to offense listed in clause (vi)
 committed on or after June 1, 2008 (the effective date of Public Act 95-625)
 or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of     imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt     to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping,  aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home     invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(iv) that a prisoner serving a sentence for     aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(v) that a person serving a sentence for gunrunning,     narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1  of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;
(vi)  that a prisoner serving a sentence for a second     or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and
(vii)  that a prisoner serving a sentence for     aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii)
committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134)
 or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230),
the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of sentence credit for each day of
his or her sentence of imprisonment or recommitment under Section 3-3-9.
Each day of sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment shall receive no sentence
credit.
(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that
a prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with
respect to the offenses of aggravated battery with a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses shall receive no
more than 4.5 days of sentence credit for each month of his or her sentence
of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated arson committed on or after
July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her sentence of
imprisonment.
(2.6)  Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that
the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either
Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit under

this paragraph (3) may be selected to receive the credit at

either Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.
The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to     60 days as the sentence will allow;
(B-1) has received a risk/needs assessment or other     relevant evaluation or assessment administered by the Department using a validated instrument; and
(C) has met the eligibility criteria established by     rule for earned sentence credit.
The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.
(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence     credit;
(B) the average amount of earned sentence credit     awarded;
(C) the holding offenses of inmates awarded  earned     sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional
industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph.
The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail.  Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the     inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an     affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.
(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).
Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional
industry programs under which sentence credit may be earned under
this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of
documented standards.  The Department shall report the results of these
evaluations to the Governor and the General Assembly by September 30th of each
year.  The reports shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly for these
purposes.  Eligible inmates who are denied immediate admission shall be
placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility.
The inability of any inmate to become engaged in any such programs
by reason of insufficient program resources or for any other reason
established under the rules and regulations of the Department shall not be
deemed a cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections.   The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma.  If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked.
The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections.  The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a).  The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections.  If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections.  The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a).  The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections.  If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
(4.2) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.
(4.5) The rules and regulations on sentence credit shall also provide that
when the court's sentencing order recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and
completes a substance abuse treatment program.  The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of fiscal resources
appropriated by the General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a prisoner placed on
a waiting list to participate in and complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment program.  A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board.  However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.
(4.7)  On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is     required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is     required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is     required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate earlier than it
otherwise would because of a grant of  earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give
reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage.

  The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking  sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing
the rate of accumulation of sentence credit for specific
rule violations, during imprisonment.  These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or
when, during any 12-month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of sentence credit.
The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in
excess of 30 days.  However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of sentence
credit within any calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may
restore sentence credits which have been revoked, suspended,
or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of sentence credit by bringing charges against the prisoner
sought to be deprived of the sentence credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke all
sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or     other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
(A) it lacks an arguable basis either in law or         in fact;
(B) it is being presented for any improper         purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(C) the claims, defenses, and other legal         contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(D) the allegations and other factual contentions         do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
(E) the denials of factual contentions are not         warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
(2) "Lawsuit" means a motion pursuant to Section     116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f)  Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it
otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. 1-1-24.)
(Text of Section from P.A. 103-154)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be awarded for the following:
(A) successful completion of programming while in     custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;
(B) compliance with the rules and regulations of the     Department; or
(C) service to the institution, service to a     community, or service to the State.
(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with
respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with
respect to offense listed in clause (vi)
 committed on or after June 1, 2008 (the effective date of Public Act 95-625)
 or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of     imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt     to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping,  aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home     invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(iv) that a prisoner serving a sentence for     aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(v) that a person serving a sentence for gunrunning,     narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1  of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;
(vi)  that a prisoner serving a sentence for a second     or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and
(vii)  that a prisoner serving a sentence for     aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii)
committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134)
 or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230),
the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of sentence credit for each day of
his or her sentence of imprisonment or recommitment under Section 3-3-9.
Each day of sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment or a
prisoner who has been sentenced to death shall receive no sentence
credit.
(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that
a prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with
respect to the offenses of aggravated battery with a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses shall receive no
more than 4.5 days of sentence credit for each month of his or her sentence
of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated arson committed on or after
July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her sentence of
imprisonment.
(2.6)  Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that
the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either
Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit under

this paragraph (3) may be selected to receive the credit at

either Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.
The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to     60 days as the sentence will allow;
(B-1) has received a risk/needs assessment or other     relevant evaluation or assessment administered by the Department using a validated instrument; and
(C) has met the eligibility criteria established by     rule for earned sentence credit.
The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.
(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence     credit;
(B) the average amount of earned sentence credit     awarded;
(C) the holding offenses of inmates awarded  earned     sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional
industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph.
The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail.  Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the     inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an     affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.
(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).
Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional
industry programs under which sentence credit may be earned under
this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of
documented standards.  The Department shall report the results of these
evaluations to the Governor and the General Assembly by September 30th of each
year.  The reports shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly for these
purposes.  Eligible inmates who are denied immediate admission shall be
placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility.
The inability of any inmate to become engaged in any such programs
by reason of insufficient program resources or for any other reason
established under the rules and regulations of the Department shall not be
deemed a cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections.   The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma.  If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked.
The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections.  The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a).  The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections.  If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections.  The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a).  The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections.  If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
(4.2) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.
(4.5) The rules and regulations on sentence credit shall also provide that
when the court's sentencing order recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and
completes a substance abuse treatment program.  The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of fiscal resources
appropriated by the General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a prisoner placed on
a waiting list to participate in and complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment program.  A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board.  However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.
(4.7)  On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is     required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is     required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is     required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate earlier than it
otherwise would because of a grant of  earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give
reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage.

  The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking  sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing
the rate of accumulation of sentence credit for specific
rule violations, during imprisonment.  These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or
when, during any 12-month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of sentence credit.
The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in
excess of 30 days.  However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of sentence
credit within any calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may
restore sentence credits which have been revoked, suspended,
or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of sentence credit by bringing charges against the prisoner
sought to be deprived of the sentence credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke all
sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or     other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
(A) it lacks an arguable basis either in law or         in fact;
(B) it is being presented for any improper         purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(C) the claims, defenses, and other legal         contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(D) the allegations and other factual contentions         do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
(E) the denials of factual contentions are not         warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
(2) "Lawsuit" means a motion pursuant to Section     116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f)  Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it
otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)
(Text of Section from P.A. 103-330)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be awarded for the following:
(A) successful completion of programming while in     custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;
(B) compliance with the rules and regulations of the     Department; or
(C) service to the institution, service to a     community, or service to the State.
(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with
respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with
respect to offense listed in clause (vi)
 committed on or after June 1, 2008 (the effective date of Public Act 95-625)
 or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:
(i) that a prisoner who is serving a term of     imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt     to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping,  aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home     invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(iv) that a prisoner serving a sentence for     aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;
(v) that a person serving a sentence for gunrunning,     narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1  of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;
(vi)  that a prisoner serving a sentence for a second     or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and
(vii)  that a prisoner serving a sentence for     aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii)
committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134)
 or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230),
the rules and regulations shall
provide that a prisoner who is serving a term of
imprisonment shall receive one day of sentence credit for each day of
his or her sentence of imprisonment or recommitment under Section 3-3-9.
Each day of sentence credit shall reduce by one day the prisoner's period
of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life imprisonment or a
prisoner who has been sentenced to death shall receive no sentence
credit.
(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that
a prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with
respect to the offenses of aggravated battery with a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine gun or a firearm
equipped with any device or attachment designed or used for silencing the
report of a firearm, committed on or after
July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses shall receive no
more than 4.5 days of sentence credit for each month of his or her sentence
of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated arson committed on or after
July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than
4.5 days of sentence credit for each month of his or her sentence of
imprisonment.
(2.6)  Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a
prisoner who is serving a sentence for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5
days of sentence credit for each month of his or her sentence of
imprisonment.
(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that
the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence
credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either
Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.
Eligible inmates for an award of earned sentence credit under

this paragraph (3) may be selected to receive the credit at

either Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.
The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence, including time served in a county jail; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to     60 days as the sentence will allow;
(B-1) has received a risk/needs assessment or other     relevant evaluation or assessment administered by the Department using a validated instrument; and
(C) has met the eligibility criteria established by     rule for earned sentence credit.
The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.
(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence     credit;
(B) the average amount of earned sentence credit     awarded;
(C) the holding offenses of inmates awarded  earned     sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in substance abuse programs, correctional
industry assignments, educational programs, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department
under this paragraph (4) and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph.
The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail.  Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.
(B) The Department shall award sentence credit under this paragraph (4) accumulated prior to January 1, 2020 (the effective date of Public Act 101-440) in an amount specified in subparagraph (C) of this paragraph (4) to an inmate serving a sentence for an offense committed prior to June 19, 1998, if the Department determines that the inmate is entitled to this sentence credit, based upon:
(i) documentation provided by the Department that the     inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an     affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.
(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).
(E) The rules and regulations shall provide for the recalculation of program credits awarded pursuant to this paragraph (4) prior to July 1, 2021 (the effective date of Public Act 101-652) at the rate set for such credits on and after July 1, 2021.
Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional
industry programs under which sentence credit may be earned under
this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of
documented standards.  The Department shall report the results of these
evaluations to the Governor and the General Assembly by September 30th of each
year.  The reports shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General Assembly for these
purposes.  Eligible inmates who are denied immediate admission shall be
placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility.
The inability of any inmate to become engaged in any such programs
by reason of insufficient program resources or for any other reason
established under the rules and regulations of the Department shall not be
deemed a cause of action under which the Department or any employee or
agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections.   The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma.  If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked.
The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections.  The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a).  The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections.  If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections.  The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a).  The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections.  If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.
(4.2)(A) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.
(B) The rules and regulations shall provide for the award of sentence credit under this paragraph (4.2) for qualifying days of engagement in eligible activities occurring prior to July 1, 2021 (the effective date of Public Act 101-652).
(4.5) The rules and regulations on sentence credit shall also provide that
when the court's sentencing order recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and
completes a substance abuse treatment program.  The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of fiscal resources
appropriated by the General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a prisoner placed on
a waiting list to participate in and complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse treatment program.  A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board.  However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.
(4.7)  On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is     required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is     required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is     required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate earlier than it
otherwise would because of a grant of  earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give
reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage.

  The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking  sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing
the rate of accumulation of sentence credit for specific
rule violations, during imprisonment.  These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or
when, during any 12-month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of sentence credit.
The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in
excess of 30 days.  However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of sentence
credit within any calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may
restore sentence credits which have been revoked, suspended,
or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of sentence credit by bringing charges against the prisoner
sought to be deprived of the sentence credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence credit at the
time of the finding, then the Prisoner Review Board may revoke all
sentence credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or     other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
(A) it lacks an arguable basis either in law or         in fact;
(B) it is being presented for any improper         purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(C) the claims, defenses, and other legal         contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(D) the allegations and other factual contentions         do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
(E) the denials of factual contentions are not         warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
(2) "Lawsuit" means a motion pursuant to Section     116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.
(f)  Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it
otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-330, eff. 1-1-24.)
(730 ILCS 5/3-6-3.1)
Sec. 3-6-3.1. 
		(Repealed).
(Source: P.A. 91-357, eff. 7-29-99.  Repealed by P.A. 92-850, eff.
8-26-02.)
(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
Sec. 3-6-4. Enforcement of Discipline - Escape.
(a) A committed person who escapes or attempts to escape from an
institution or facility of the Department of Corrections, or escapes or attempts to
escape while in the custody of an employee of the Department of Corrections, or
holds or participates in the holding of any person as a hostage by
force, threat or violence, or while participating in any disturbance,
demonstration or riot, causes, directs or participates in the
destruction of any property is guilty of a Class 2 felony. A committed
person who fails to return from furlough or from work and day release is
guilty of a Class 3 felony.
(b) If one or more committed persons injures or attempts to injure
in a violent manner any employee, officer, guard, other peace officer
or any other committed person or damages or attempts to damage any building or
workshop, or any appurtenances thereof, or attempts to escape, or disobeys or
resists any lawful command, the employees, officers, guards and other peace
officers shall use all suitable means to defend themselves, to enforce the
observance of discipline, to secure the persons of the offenders, and prevent
such attempted violence or escape; and said employees, officers, guards, or
other peace officers, or any of them, shall, in the attempt to prevent the
escape of any such person, or in attempting to retake any such person who has
escaped, or in attempting to prevent or suppress violence by a committed person
against another person, a riot, revolt, mutiny or insurrection, be justified in
the use of force, including force likely to cause death or great bodily harm
under Section 7-8 of the Criminal Code of 2012 which he reasonably believed
necessary.
As used in this Section, "committed person" includes a person held in
detention in a secure facility or committed as a sexually violent person and
held in a secure facility under the Sexually Violent Persons Commitment Act;
and "peace officer" means any officer or member
of any duly organized State, county or municipal police unit or police force.
(c) The Department shall establish procedures to provide immediate
notification of the escape of any person, as defined in subsection (a) of this
Section, to the persons specified in subsection (c) of Section
3-14-1 of this Code.
(Source: P.A. 97-1083, eff. 8-24-12; 97-1150, eff. 1-25-13.)
(730 ILCS 5/3-6-5) (from Ch. 38, par. 1003-6-5)
Sec. 3-6-5. 
		Crimes Committed by Persons Confined by the Department.
When any person is charged with committing an offense while confined by
the Department, cognizance thereof shall be taken by the circuit court of
the county wherein such crime was committed. Such court shall adjudicate
and sentence the person charged with such crime in the same manner and
subject to the same rules and limitations as are now established by law in
relation to other persons charged with crime. The expense of prosecution
shall be paid by the Department.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-6-6) (from Ch. 38, par. 1003-6-6)
Sec. 3-6-6. 
		Computer assisted literacy program.
(a) The Director, with the approval of and acting through the Department
of Central Management Services, shall enter into an agreement with a major
international manufacturer of computers by which that manufacturer (i) shall
loan to the Department and install in a correctional facility equipment to
implement a computer assisted literacy pilot program and (ii) shall aid in the
implementation of that pilot program.  The configuration of the computer
equipment utilized in the pilot program shall be similar to that installed
in other correctional facilities.  The Director and the manufacturer shall
designate the correctional facility in which the pilot program shall be
established.
(b) The computer assisted literacy pilot program shall be conducted for
not less than 6 months.  The Department shall establish criteria for
evaluating the pilot program, based on criteria used in other states for
evaluating computer assisted literacy programs in correctional facilities
in those states.
(c) The computer assisted literacy pilot program instructor shall submit
periodic reports to the Director concerning utilization of the pilot
program, benefits of the pilot program, and progress made by committed
persons participating in the pilot program.  The Director shall promptly
forward these reports to the General Assembly.
(d) Not later than 6 months after the conclusion of the computer
assisted literacy pilot program, the Director shall report the results of
the pilot program to the General Assembly.  The General Assembly shall
thereupon evaluate the effectiveness of the pilot program.
(e) After the conclusion of the computer assisted literacy pilot
program, the Department, with the approval of and acting through the
Department of Central Management Services, may purchase the equipment
utilized in the pilot program, subject to the availability of monies
appropriated to the Department for that purpose.
(Source: P.A. 87-635.)
(730 ILCS 5/3-6-7)
Sec. 3-6-7. 
		Pregnant female committed persons. 
		Notwithstanding any other
statute,
directive, or administrative
regulation, when a pregnant female committed person is brought to a hospital
from an Illinois
correctional center for the purpose of delivering her baby, no handcuffs,
shackles, or restraints of any kind may be used during her transport to a
medical facility for the purpose of delivering her baby.  Under no
circumstances may leg irons or shackles or waist shackles be used on any
pregnant female committed person who is in labor.  Upon the pregnant female
committed person's entry to the hospital
delivery room, a correctional officer must be posted immediately outside the
delivery room.  The Department must provide for adequate personnel to monitor
the pregnant female committed person during her transport to and from the
hospital and during her
stay at the hospital.
(Source: P.A. 91-253, eff. 1-1-00.)
(730 ILCS 5/3-6-7.1)
Sec. 3-6-7.1. Correctional officer training related to pregnant committed persons.
(a) The Department shall provide training relating to medical and mental health care issues applicable to pregnant committed persons to:
(1) each correctional officer employed by the     Department at a correctional institution or facility in which female committed persons are confined; and
(2) any other Department employee whose duties     involve contact with pregnant committed persons.
(b) The training must include information regarding:
(1) appropriate care for pregnant committed persons;     and
(2) the impact on a pregnant committed person and the     committed person's unborn child of:
(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
(Source: P.A. 101-652, eff. 7-1-21.)
(730 ILCS 5/3-6-7.2)
Sec. 3-6-7.2. Educational programming for pregnant committed persons. The Department shall develop and provide to each pregnant committed person educational programming relating to pregnancy and parenting. The programming must include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and     drugs on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to     children.
(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/3-6-7.3)
Sec. 3-6-7.3. Committed person post-partum recovery requirements. The Department shall ensure that, for a period of 72 hours after the birth of an infant by a committed person:
(1) the infant is allowed to remain with the     committed person, unless a medical professional determines doing so would pose a health or safety risk to the committed person or infant based on information only available to the Department. The mental health professional shall make any such determination on an individualized basis and in consultation with the birthing team of the pregnant person and the Chief of the Women's Division. The birthing team shall include the committed person's perinatal care providers and doula, if available; and
(2) the committed person has access to any     nutritional or hygiene-related products necessary to care for the infant, including diapers.
(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)
(730 ILCS 5/3-6-7.4)
Sec. 3-6-7.4. Housing requirements applicable to pregnant committed persons.
(a) The Department may not place in administrative segregation a committed person who is pregnant or who gave birth during the preceding 30 days unless the Director or the Director's designee determines that the placement is necessary based on a reasonable belief that the committed person will harm herself, the committed person's infant, or any other person or will attempt escape.
(b) The Department may not assign a pregnant committed person to any bed that is elevated more than 3 feet above the floor.
(Source: P.A. 101-652, eff. 7-1-21.)
(730 ILCS 5/3-6-8)
Sec. 3-6-8. High school equivalency testing programs. The Department of Corrections shall develop and establish a program in the Adult Division designed to increase the number of committed persons enrolled in programs for high school equivalency testing and pursuing State of Illinois High School Diplomas by at least 100% over the 4-year period following the effective date of this amendatory Act of the 94th General Assembly.  Pursuant to the program, each adult institution and facility shall report annually to the Director of Corrections on the number of committed persons enrolled in high school equivalency testing programs and those who pass high school equivalency testing, and the number of committed persons in the Adult Division who are on waiting lists for participation in the high school equivalency testing programs.
(Source: P.A. 102-1100, eff. 1-1-23.)
(730 ILCS 5/Ch. III Art. 7 heading)
ARTICLE 7.  
		FACILITIES
(730 ILCS 5/3-7-1) (from Ch. 38, par. 1003-7-1)
Sec. 3-7-1. 
		Administrative Regulations. 
		
		The Department shall promulgate Rules and Regulations in conformity with
this Code.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
Sec. 3-7-2. Facilities.
(a) All institutions and facilities of the Department shall provide every committed person with access to toilet facilities, barber facilities, bathing facilities at least once each week, a library of legal materials and published materials including newspapers and magazines approved by the Director. A committed person may not receive any materials that the Director deems pornographic.
(b) (Blank).
(c) All institutions and facilities of the Department shall provide facilities for every committed person to leave his cell for at least one hour each day unless the chief administrative officer determines that it would be harmful or dangerous to the security or safety of the institution or facility.
(d) All institutions and facilities of the Department shall provide every committed person with a wholesome and nutritional diet at regularly scheduled hours, drinking water, clothing adequate for the season, including underwear, bedding, soap and towels and medical and dental care. Underwear provided to each committed person in all institutions and facilities of the Department shall be free of charge and shall be provided at any time upon request, including multiple requests, of the committed person or as needed by the committed person.
(e) All institutions and facilities of the Department shall permit every committed person to send and receive an unlimited number of uncensored letters, provided, however, that the Director may order that mail be inspected and read for reasons of the security, safety or morale of the institution or facility.
(f) All of the institutions and facilities of the Department shall permit every committed person to receive in-person visitors and video contact, if available, except in case of abuse of the visiting privilege or when the chief administrative officer determines that such visiting would be harmful or dangerous to the security, safety or morale of the institution or facility. Each committed person is entitled to 7 visits per month. Every committed person may submit a list of at least 30 persons to the Department that are authorized to visit the committed person. The list shall be kept in an electronic format by the Department beginning on August 1, 2019, as well as available in paper form for Department employees. The chief administrative officer shall have the right to restrict visitation to non-contact visits, video, or other forms of non-contact visits for reasons of safety, security, and order, including, but not limited to, restricting contact visits for committed persons engaged in gang activity. No committed person in a super maximum security facility or on disciplinary segregation is allowed contact visits. Any committed person found in possession of illegal drugs or who fails a drug test shall not be permitted contact visits for a period of at least 6 months. Any committed person involved in gang activities or found guilty of assault committed against a Department employee shall not be permitted contact visits for a period of at least 6 months. The Department shall offer every visitor appropriate written information concerning HIV and AIDS, including information concerning how to contact the Illinois Department of Public Health for counseling information. The Department shall develop the written materials in consultation with the Department of Public Health. The Department shall ensure that all such information and materials are culturally sensitive and reflect cultural diversity as appropriate. Implementation of the changes made to this Section by Public Act 94-629 is subject to appropriation. The Department shall seek the lowest possible cost to provide video calling and shall charge to the extent of recovering any demonstrated costs of providing video calling. The Department shall not make a commission or profit from video calling services. Nothing in this Section shall be construed to permit video calling instead of in-person visitation.
(f-5) (Blank).
(f-10) The Department may not restrict or limit in-person visits to committed persons due to the availability of interactive video conferences.
(f-15)(1) The Department shall issue a standard written policy for each institution and facility of the Department that provides for:
(A) the number of in-person visits each committed     person is entitled to per week and per month including the requirements of subsection (f) of this Section;
(B) the hours of in-person visits;
(C) the type of identification required for visitors     at least 18 years of age; and
(D) the type of identification, if any, required for     visitors under 18 years of age.
(2) This policy shall be posted on the Department website and at each facility.
(3) The Department shall post on its website daily any restrictions or denials of visitation for that day and the succeeding 5 calendar days, including those based on a lockdown of the facility, to inform family members and other visitors.
(g) All institutions and facilities of the Department shall permit religious ministrations and sacraments to be available to every committed person, but attendance at religious services shall not be required. This subsection (g) is subject to the provisions of the Faith Behind Bars Act.
(h) Within 90 days after December 31, 1996, the Department shall prohibit the use of curtains, cell-coverings, or any other matter or object that obstructs or otherwise impairs the line of vision into a committed person's cell.
(i) A point of contact person appointed under subsection (u-6) of Section 3-2-2 of this Code shall promptly and efficiently review suggestions, complaints, and other requests made by visitors to institutions and facilities of the Department and by other members of the public. Based on the nature of the submission, the point of contact person shall communicate with the appropriate division of the Department, disseminate the concern or complaint, and act as liaison between the parties to reach a resolution.
(1) The point of contact person shall maintain     information about the subject matter of each correspondence, including, but not limited to, information about the following subjects:
(A) the parties making the submission;
(B) any commissary-related concerns;
(C) any concerns about the institution or         facility's COVID protocols and mitigations;
(D) any concerns about mail, video, or electronic         messages or other communications with incarcerated persons;
(E) any concerns about the institution or         facility;
(F) any discipline-related concerns;
(G) any concerns about earned sentencing credits;
(H) any concerns about educational opportunities         for incarcerated persons;
(I) any concerns about health-related matters;
(J) any mental health concerns;
(K) any concerns about personal property;
(L) any concerns about the records of the         incarcerated person;
(M) any concerns about recreational opportunities         for incarcerated persons;
(N) any staffing-related concerns;
(O) any concerns about the transfer of         individuals in custody;
(P) any concerns about visitation; and
(Q) any concerns about work opportunities for         incarcerated persons.
The information shall be maintained in accordance     with standards set by the Department of Corrections, and shall be made available to the Department's Planning and Research Division. The point of contact person shall provide a summary of the results of the review, including any resolution or recommendations made as a result of correspondence with the Planning and Research Division of the Department.
(2) The Department shall provide an annual written     report to the General Assembly and the Governor, with the first report due no later than January 1, 2023, and publish the report on its website within 48 hours after the report is transmitted to the Governor and the General Assembly. The report shall include a summary of activities undertaken and completed as a result of submissions to the point of contact person. The Department of Corrections shall collect and report the following aggregated and disaggregated data for each institution and facility and describe:
(A) the work of the point of contact person;
(B) the general nature of suggestions,         complaints, and other requests submitted to the point of contact person;
(C) the volume of emails, calls, letters, and         other correspondence received by the point of contact person;
(D) the resolutions reached or recommendations         made as a result of the point of contact person's review;
(E) whether, if an investigation is recommended,         a report of the complaint was forwarded to the Chief Inspector of the Department or other Department employee, and the resolution of the complaint, and if the investigation has not concluded, a detailed status report on the complaint; and
(F) any recommendations that the point of contact         person has relating to systemic issues in the Department of Corrections, and any other matters for consideration by the General Assembly and the Governor.
The name, address, or other personally identifiable     information of a person who files a complaint, suggestion, or other request with the point of contact person, and confidential records shall be redacted from the annual report and are not subject to disclosure under the Freedom of Information Act. The Department shall disclose the records only if required by a court order on a showing of good cause.
(3) The Department must post in a conspicuous place     in the waiting area of every facility or institution a sign that contains in bold, black type the following:
(A) a short statement notifying visitors of the         point of contact person and that person's duty to receive suggestions, complaints, or other requests; and
(B) information on how to submit suggestions,         complaints, or other requests to the point of contact person.
(j) Menstrual hygiene products shall be available, as needed, free of charge, at all institutions and facilities of the Department for all committed persons who menstruate. In this subsection (j), "menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.
(Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23; 103-154, eff. 6-30-23; 103-331, eff. 1-1-24.)
(730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a)
Sec. 3-7-2a. If a facility maintains a commissary or commissaries serving inmates, the
selling prices for all goods shall be sufficient to cover the costs of the
goods and an additional charge of up to 35% for tobacco products and up to
25% for non-tobacco products.  The amount of the additional charges for goods
sold at commissaries serving inmates shall be based upon the amount necessary to pay for the
wages and benefits of commissary employees who are employed in any
						commissary
facilities of
the Department.  The Department shall determine the additional charges upon any
changes in wages and benefits of commissary employees as negotiated in the
collective bargaining agreement.  If a facility maintains a commissary or commissaries serving employees, the selling price for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 10%. A compliance
audit
of all commissaries and the distribution of commissary funds shall
be included in the regular compliance audit of the Department conducted
by the Auditor General in accordance with the Illinois State Auditing Act.
Items purchased for sale at any such commissary shall be purchased, wherever
possible, at wholesale costs.  If a facility maintains a commissary or
commissaries as of the effective
date of this amendatory Act of the 93rd General Assembly, the Department may
not contract with a private contractor or vendor to operate, manage, or
perform any portion of the commissary services.  The Department may not enter
into any such contract for commissary services at a facility that opens
subsequent to the effective date of this amendatory Act of the 93rd General
Assembly.
(Source: P.A. 93-607, eff. 1-1-04; 94-913, eff. 6-23-06.)
(730 ILCS 5/3-7-2b) (from Ch. 38, par. 1003-7-2b)
Sec. 3-7-2b. 
		Prior notice to General Assembly. 
		Prior to the selection
of any site for the construction of any correctional facility, work release
center, community correctional center or any facility used for such
purposes, the Governor shall provide prior timely notice to the President
of the Senate, Speaker of the House, Senate Minority Leader and House
Minority Leader.  Such notice shall precede any public announcement or
announcement to private individuals.
(Source: P.A. 83-942.)
(730 ILCS 5/3-7-2.5)
Sec. 3-7-2.5. Zero tolerance drug policy.
(a) Any person employed by the Department of Corrections who tests positive
in
accordance with established Departmental drug testing procedures for any
substance
prohibited by the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection Act shall be
discharged from employment.  Any person employed by the Department of Corrections who tests positive
in
accordance with established Departmental drug testing procedures for any
substance
prohibited by the Cannabis Control Act may be
discharged from employment. Refusal to submit to a drug test, ordered in
accordance
with Departmental procedures, by any person employed by the Department shall be
construed as a positive test, and the person shall be discharged from
employment. The  changes made in this Section by this amendatory Act of the 100th General Assembly shall apply to all pending and future incidents under this Section.
Testing of employees shall be conducted in accordance with established
Departmental drug testing procedures.  Changes to established drug testing
procedures
that are inconsistent with the federal guidelines specified in the Mandatory
Guidelines for
Federal Workplace Drug Testing Program, 59 FR 29908, or that affect
terms and conditions of employment, shall be negotiated with an exclusive
bargaining
representative in accordance with the Illinois Public Labor Relations Act.
(1) All samples used for the purpose of drug testing     shall be collected by persons who have at least 15 hours of initial training in the proper collection procedures and at least 8 hours of annual follow-up training.  Proof of this training shall be available upon request.  In order to ensure that these persons possess the necessary knowledge, skills, and experience to carry out their duties, their training must include guidelines and procedures on maintaining the integrity of the collection process, ensuring the privacy of employees being tested, ensuring the security of the specimen, and avoiding conduct or statements that could be viewed as offensive or inappropriate. Proficiency in the proper collection process must be demonstrated prior to certification.
(2) With respect to any bargaining unit employee, the     Department shall not initiate discipline of any employee who authorizes the testing of a split urine sample in accordance with established Departmental drug testing procedures until receipt by the Department of the test results from the split urine sample evidencing a positive test for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
(b) Any employee discharged in accordance with the provisions of subsection
(a)
shall not be eligible for rehire by the Department.
(Source: P.A. 100-1130, eff. 11-27-18.)
(730 ILCS 5/3-7-3) (from Ch. 38, par. 1003-7-3)
Sec. 3-7-3. 
		Institutional Safety and Sanitation. 
		(a) Standards of sanitation and safety for all institutions and
facilities shall be established and enforced by the Department. All
buildings and facilities shall be cleaned regularly and properly
maintained. Ventilation of air and heat adequate to the climate and season
shall be provided.
(b) All new, remodeled and newly designated institutions or facilities
shall provide at least 50 square feet of cell, room or dormitory floor
space.
(Source: P.A. 83-942.)
(730 ILCS 5/3-7-4) (from Ch. 38, par. 1003-7-4)
Sec. 3-7-4. 
		Protection of Persons. 
		
		The Department shall establish rules and regulations for the protection
of the person and property of employees of the Department and every
committed person.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-7-5) (from Ch. 38, par. 1003-7-5)
Sec. 3-7-5. 
		
		The Department shall implement a comprehensive energy conservation
program at all correctional institutions and facilities in the State, for
the purpose of conserving energy in any and all forms and to ultimately
reduce expenditures in such regard.  The Department may request the Capital
Development Board to provide personnel and services in connection with the
inspection of the institutions and facilities and the making of specific
recommendations for current expenditures for improvement and ultimate cost reduction.
(Source: P.A. 81-558.)
(730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
Sec. 3-7-6. (Repealed).
(Source: P.A. 97-697, eff. 6-22-12. Repealed by P.A. 101-235, eff. 1-1-20.)
(730 ILCS 5/3-7-7) (from Ch. 38, par. 1003-7-7)
Sec. 3-7-7. 
		
		The Department shall establish rules governing
the provision of mental health services to committed persons.
Such rules shall provide, among other matters, that a committed
person who is diagnosed as suffering from a mental illness or
developmental disability shall have access to treatment as
determined necessary by a qualified mental health or developmental
disability professional of the Department, and that mental health
records be disclosed only for purposes authorized by Department
rule or the Unified Code of Corrections or as otherwise authorized by law.
(Source: P.A. 86-1403.)
(730 ILCS 5/3-7-8)
Sec. 3-7-8. Persons committed to Department of Corrections institutions and facilities; access to job and career building websites. The Director and the Secretary of Innovation and Technology shall jointly adopt a rule or best practices protocol that  permits each committed person in a Department of Corrections institution or facility to access specific and approved job search and career building websites within a specified period before the person's release from the Department of Corrections institution or facility and to access only  those job search and career building websites.
(Source: P.A. 101-397, eff. 1-1-20.)
(730 ILCS 5/Ch. III Art. 8 heading)
ARTICLE 8.  
		ADULT INSTITUTIONAL PROCEDURES
(730 ILCS 5/3-8-1) (from Ch. 38, par. 1003-8-1)
Sec. 3-8-1. Receiving procedures.
(a) The Department shall establish one or more receiving stations for
committed persons and for persons transferred under Section 3-10-11 and
shall advise the sheriffs of the several counties of the location of such
stations. In the execution of the mittimus or order for the commitment or
transfer of a person to the Department, the sheriff shall deliver such
person to the nearest receiving station of the Department. The sheriff
shall also convey with such person at the time of delivery, the items under
Section 5-4-1, and a record of the person's time, his behavior and conduct
while under the sheriff's custody.
(b) The Department shall verify the identity of the person delivered
before accepting custody and shall require delivery of the items under
paragraph (a) of this Section or a statement of the reason why they cannot
be delivered.
(c) The Department shall inventory and issue a receipt to such person
for all money and other personal property not permitted to the possession
of such person.
(d) No later than 45 days after a committed person is received by the Department, the Department shall begin the process of obtaining a certified copy of the person's birth certificate and a duplicate social security card if the person does not have access to those items.
(Source: P.A. 103-345, eff. 1-1-24.)
(730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
Sec. 3-8-2. Social Evaluation; physical examination; HIV/AIDS.
(a) A social evaluation shall be made of a
committed person's medical, psychological, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense, and such other information as the Department
may determine. The committed person shall be assigned to an institution or
facility in so far as practicable in accordance with the social evaluation.
Recommendations shall be made for medical, dental, psychiatric,
psychological and social service treatment.
(b) A record of the social evaluation shall be entered in the committed
person's master record file and shall be forwarded to the institution or
facility to which the person is assigned.
(c) Upon admission to a correctional institution each committed person
shall be given a physical examination. If he is suspected of having a
communicable disease that in the judgment of the Department medical
personnel requires medical isolation, the committed person shall remain in
medical isolation until it is no longer deemed medically necessary.
(d) Upon arrival at a reception and classification center or an inmate's final destination, the Department must provide the committed person with appropriate information in writing, verbally, by video or other electronic means concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department also must offer the
committed person the option of being tested, with no copayment, for infection with human immunodeficiency virus (HIV). Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act.  The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act.  If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record.  The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results.  All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training.  The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (d) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention.  If the test result is positive,  a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; 97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
(730 ILCS 5/3-8-3) (from Ch. 38, par. 1003-8-3)
Sec. 3-8-3. 
		Program Assignments.
(a) Work, education and other program assignments shall be made in so
far as practicable in accordance with the social evaluation.
(b) The Director shall establish procedures for making and reviewing
program assignments.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-8-4) (from Ch. 38, par. 1003-8-4)
Sec. 3-8-4. 
		Intradivisional Transfers.
(a) After the initial assignments under Sections 3-8-2 and 3-8-3, all
transfers of committed persons to another institution or facility shall be
reviewed and approved by a person or persons designated by the Director. A
record of each transfer and the reasons therefor shall be included in the
person's master record file.
(b) Transfers to facilities for psychiatric treatment and care within
the Department shall be made only after prior psychiatric examination and
certification to the Director that such transfer is required. Persons in
facilities for psychiatric treatment and care within the Department shall
be reexamined at least every 6 months. Persons found to no longer require
psychiatric treatment and care shall be transferred to other facilities of
the Department.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-8-4.5)
Sec. 3-8-4.5. Department of Corrections; committed persons; transfer to sheriff. If the county jail located in the county where the committed person was residing immediately before his or her conviction for the offense for which he or she is serving sentence in the Department of Corrections has a reentry program for committed persons, the Department may transfer the committed person to the sheriff of the county where the reentry program is located for up to 12 months before the committed person's release date for participation in the reentry program. No transfer shall be made without the written approval of the sheriff of that county.
(Source: P.A. 103-203, eff. 1-1-24.)
(730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
Sec. 3-8-5. Transfer to Department of Human Services.
(a) The Department shall cause inquiry and examination at
periodic intervals to ascertain whether any person committed to it may be
subject to involuntary admission, as defined in Section 1-119 of the Mental
Health and Developmental Disabilities Code, or meets the standard for judicial
admission as defined in Section 4-500 of the  Mental Health and Developmental
Disabilities Code, or is an intoxicated person or a person with a substance use disorder as defined in the Substance Use Disorder Act. The Department may provide special psychiatric or psychological
or other counseling or treatment to such persons in a separate institution
within the Department, or the Director of the Department of Corrections
may transfer such persons other than intoxicated
persons or persons with substance use disorders to the Department of Human Services for observation, diagnosis and treatment, subject
to the approval
of the Secretary of the Department of Human Services, for a period of not more than 6 months, if the person
consents in writing to the transfer. The person shall be advised of his
right not to consent, and if he does not consent, such transfer may be
effected only by commitment under paragraphs (c) and (d) of this Section.
(b) The person's spouse, guardian, or nearest relative and his attorney
of record shall be advised of their right to object, and if objection is
made, such transfer may be effected only by commitment under paragraph (c)
of this Section. Notices of such transfer shall be mailed to such person's
spouse, guardian, or nearest relative and to the attorney of record marked
for delivery to addressee only at his last known address by certified mail
with return receipt requested together with written notification of the
manner and time within which he may object thereto.
(c) If a committed person does not consent to his transfer to the Department
of Human Services or if a
person objects under
paragraph (b) of this Section, or if the Department of Human Services determines that a transferred
person requires
commitment to the Department of Human Services
for more than 6 months, or if the person's sentence will expire within 6
months, the Director of the Department of Corrections shall file a petition
in the circuit court of the county in which the correctional institution
or facility is located requesting the transfer of such person to the
Department of Human Services.  A certificate
of a psychiatrist, a clinical psychologist, or, if
admission to a developmental disability facility is sought, a
physician that the person is in need of commitment to the
Department of Human Services for treatment
or habilitation shall be attached to the petition.  Copies of the
petition shall be furnished to the named person and to the state's
attorneys of the county in which the correctional institution or facility
is located and the county in which the named person was committed to the
Department of Corrections.
(d) The court shall set a date for a hearing on the petition within the
time limit set forth in the Mental Health and Developmental Disabilities
Code.  The hearing shall be conducted in the manner prescribed by the Mental
Health and Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for treatment or habilitation, the
court may commit him to
that Department.
(e) Nothing in this Section shall limit the right of the Director or the
chief administrative officer of any institution or facility to utilize the
emergency admission provisions of the Mental Health and Developmental
Disabilities Code with respect to any person in his custody or care. The
transfer of a person to an institution or facility of the Department of Human
Services under paragraph (a)
of this Section does not discharge the person from the control of the
Department.
(Source: P.A. 102-558, eff. 8-20-21.)
(730 ILCS 5/3-8-6) (from Ch. 38, par. 1003-8-6)
Sec. 3-8-6. 
		Return and Release from Department of Human Services.
(a) The Department of
Human Services
shall return to the Department of Corrections any person committed to it
under Section 3-8-5, whose sentence has not expired and whom the Department of
Human Services deems no
longer subject to involuntary admission, or no longer meets the standard for
judicial admission.
(b) If a person returned to the Department of Corrections under paragraph
(a) of this Section is eligible for parole and has not had a parole hearing
within the preceding 6 months, he shall have a parole hearing within 45
days after his return.
(c) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence of
any person transferred to the Department of Human Services under Section 3-8-5.  If the Department of
Human Services determines that a person transferred to it under
paragraph (a) of Section 3-8-5 requires further hospitalization, it shall
file a petition for the involuntary or judicial admission of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it under paragraph (c) of Section 3-8-5, whose sentence
and parole term have expired and whom the Department of Human Services deems no longer subject to
involuntary admission, or no longer meets the standard for judicial admission.
(Source: P.A. 89-507, eff. 7-1-97.)
(730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
Sec. 3-8-7. Disciplinary Procedures.)
(a) All disciplinary action shall be consistent with this
Chapter.  Rules of
behavior and conduct, the penalties for violation thereof,
and the disciplinary procedure by which such penalties may
be imposed shall be available to committed persons.
(b)(1) Corporal punishment and disciplinary
restrictions on diet, medical or sanitary facilities, mail or access to legal
materials are
prohibited.
(2) (Blank).
(3) (Blank).
(c) Review of disciplinary action imposed under this
Section shall be provided by means of the grievance
procedure under Section 3-8-8.  The Department shall provide a disciplined
person with a review of his or her disciplinary action in a timely manner as
required by law.
(d) All institutions and facilities of the Department of Corrections shall establish, subject to the approval of the
Director, procedures for hearing disciplinary cases except
those that may involve the imposition of disciplinary
segregation and isolation; the loss of good time credit under Section
3-6-3 or eligibility to earn good time credit.
(e) In disciplinary cases which may involve the imposition
of disciplinary segregation and isolation, the loss of good time credit or
eligibility to earn good time credit, the Director shall establish disciplinary
procedures consistent with the following principles:
(1) Any person or persons who initiate a disciplinary     charge against a person shall not determine the disposition of the charge.  The Director may establish one or more disciplinary boards to hear and determine charges.
(2) Any committed person charged with a violation of     Department rules of behavior shall be given notice of the charge including a statement of the misconduct alleged and of the rules this conduct is alleged to violate.
(3) Any person charged with a violation of rules is     entitled to a hearing on that charge at which time he shall have an opportunity to appear before and address the person or persons deciding the charge.
(4) The person or persons determining the disposition     of the charge may also summon to testify any witnesses or other persons with relevant knowledge of the incident.
(5) If the charge is sustained, the person charged is     entitled to a written statement of the decision by the persons determining the disposition of the charge which shall include the basis for the decision and the disciplinary action, if any, to be imposed.
(6) (Blank).
(Source: P.A. 97-1083, eff. 8-24-12.)
(730 ILCS 5/3-8-7.5)
Sec. 3-8-7.5. 
		Mail restrictions.
(a) An inmate shall not correspond with a victim or member of a victim's
family upon being given notice by the Department that the person has notified
the Department that he or she does not wish correspondence from the inmate.
(b) The victim or family member of the victim may give notice to the
Department of his or her desire not to receive correspondence as provided in
this Section and may do so at the time of sentencing or at any time during the
period of incarceration of the inmate by the Department.  After receipt of the
notice, the Department shall not knowingly forward any mail addressed to a
victim or family member of a victim named in the notice as not desiring
correspondence from a named inmate.
(c) At the time of any sentencing which results in the imposition of any
term of incarceration with the Department, the State's Attorney shall provide
the victim with written notification that the victim or a family member of the
victim at any time may notify the Department in writing of the person's desire
not to receive correspondence from the inmate convicted of the offense against
the victim.
The notification provided by the State's Attorney shall inform the victim of
the following:
(1) that it is the duty of the person desiring not to     receive correspondence under this Section to notify the Department of any change of address if the person wants the restriction on mail to apply after a change of address; and
(2) that the notice to the Department is to include     the name of the person incarcerated, the name and number of the case resulting in the incarceration, and the inmate number, if known.
		The State's Attorney shall assist the victim
in obtaining this information at any time during the incarceration.
(d) The Department shall notify the inmate that the victim or members of the
victim's family have provided notice to the Department that the persons do not
wish correspondence from that inmate during the incarceration.
(Source: P.A. 88-331.)
(730 ILCS 5/3-8-8) (from Ch. 38, par. 1003-8-8)
Sec. 3-8-8. 
		Grievances.
(a) The Director shall establish procedures to review the grievances of
committed persons. The Director may establish one or more administrative
review boards within the Department to review grievances. A committed
person's right to file grievances shall not be restricted. Such procedure
shall provide for the review of grievances by a person or persons other
than the person or persons directly responsible for the conditions or
actions against which the grievance is made.
(b) Such procedures shall provide that a record of such grievance and
any decision made with respect to it shall be preserved for a period of one
year.
(c) Such procedures shall allow committed persons to communicate
grievances directly to the Director or some person designated by the
Director outside of the institution or facility where the person is
confined.
(d) All committed persons shall be informed of the grievance procedures
established by the Department and they shall be available to all committed
persons.
(e) Discipline shall not be imposed because of use of the grievance
procedure.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-8-9) (from Ch. 38, par. 1003-8-9)
Sec. 3-8-9. 
		Agreement on Detainers. 
		(a) The Agreement on
Detainers is hereby enacted into law and
entered into by this State with all other jurisdictions legally joining
therein in the form substantially as follows:
ARTICLE I
The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints, and
difficulties in securing speedy trial of persons already incarcerated in
other jurisdictions, produce uncertainties which obstruct programs of
prisoner treatment and rehabilitation. Accordingly, it is the policy of the
party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper
status of any and all detainers based on untried indictments, informations
or complaints. The party states also find that proceedings with reference
to such charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It is the
further purpose of this agreement to provide such cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the United States
of America; a territory or possession of the United States; the District of
Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final disposition
pursuant to Article III hereof or at the time that a request for custody or
availability is initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had
on an indictment, information or complaint pursuant to Article III or
Article IV hereof.
ARTICLE III
(a) Whenever a person has entered upon a term of imprisonment in a penal
or correctional institution of a party state, and whenever during the
continuance of the term of imprisonment there is pending in any other party
state any untried indictment, information or complaint on the basis of
which a detainer has been lodged against the prisoner, he shall be
brought to trial within 180 days after he shall have caused to
be delivered to the
prosecuting officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment, information
or complaint: provided that for a good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of the
matter may grant any necessary or reasonable continuance. The request of
the prisoner shall be accompanied by a certificate of the appropriate
official having custody of the prisoner, stating the term of commitment
under which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time earned,
the time of parole eligibility of the prisoner, and any decisions of the
state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in
paragraph (a) hereof shall be given or sent by the prisoner to the warden,
commissioner of corrections or other official having custody of him, who
shall promptly forward it together with the certificate to the appropriate
prosecuting official and court by registered or certified mail, return
receipt requested.
(c) The warden, commissioner of corrections or other official having
custody of the prisoner shall promptly inform him of the source and
contents of any detainer lodged against him and shall also inform him of
his right to make a request for final disposition of the indictment,
information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall operate as a request for final disposition of
all untried indictments, informations or complaints on the basis of which
detainers have been lodged against the prisoner from the state to whose
prosecuting official the request for final disposition is specifically
directed. The warden, commissioner of corrections or other official having
custody of the prisoner shall forthwith notify all appropriate prosecuting
officers and courts in the several jurisdictions within the state to which
the prisoner's request for final disposition is being sent of the
proceeding being initiated by the prisoner. Any notification sent pursuant
to this paragraph shall be accompanied by copies of the prisoner's written
notice, request, and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further force or
effect, and the court shall enter an order dismissing the same with
prejudice.
(e) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall also be deemed to be a waiver of extradition
with respect to any charge or proceeding contemplated thereby or included
therein by reason of paragraph (d) hereof, and a waiver of extradition to
the receiving state to serve any sentence there imposed upon him, after
completion of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the prisoner to
the production of his body in any court where his presence may be
required in order to effectuate the purposes of this agreement and a further
consent voluntarily to be returned to the original place of imprisonment in
accordance with the provisions of this agreement. Nothing in this paragraph
shall prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of
the request for final disposition referred to in paragraph (a) hereof shall
void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to have a
prisoner against whom he has lodged a detainer and who is serving a term
of imprisonment in any party state made available in accordance with
Article V (a) hereof upon presentation of a written request for
temporary custody or
availability to the appropriate authorities of the state in which the
prisoner is incarcerated: provided that the court having jurisdiction of
such indictment, information or complaint shall have duly approved,
recorded and transmitted the request: and provided further that there shall
be a period of 30 days after receipt by the appropriate authorities before
the request be honored, within which period the governor of the sending
state may disapprove the request for temporary custody or availability,
either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner in
custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already served,
the time remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decisions
of the state parole agency relating to the prisoner. Said authorities
simultaneously shall furnish all other officers and appropriate courts in
the receiving state who have lodged detainers against the prisoner with
similar certificates and with notices informing them of the request for
custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article, trial
shall be commenced within 120 days of the arrival of the prisoner in the
receiving state, but for good cause shown in open court, the prisoner or
his counsel being present, the court having jurisdiction of the matter
may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive any
prisoner of any right which he may have to contest the legality of his
delivery as provided in paragraph (a) hereof, but such delivery may not be
opposed or denied on the ground that the executive authority of the sending
state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner's being returned to the original
place of imprisonment pursuant to Article V (e) hereof, such indictment,
information or complaint shall not be of any further force or effect, and
the court shall enter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to deliver
temporary custody of such prisoner to the appropriate authority in the
state where such indictment, information or complaint is pending against
such person in order that speedy and efficient prosecution may be had. If
the request for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for in
Article III of this agreement. In the case of a federal prisoner, the
appropriate authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence in
federal custody at the place for trial, whichever custodial arrangement
may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of
temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the
state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on
the basis of which the detainer has been lodged and on the basis of which
the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on the
indictment, information or complaint on the basis of which the detainer has
been lodged is not brought to trial within the period provided in Article
III or Article IV hereof, the appropriate court of the jurisdiction where
the indictment, information or complaint has been pending shall enter an
order dismissing the same with prejudice, and any detainer based thereon
shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only
for the purpose of permitting prosecution on the charge or charges
contained in one or more untried indictments, informations or complaints
which form the basis of the detainer or detainers or for prosecution on
any other charge or charges arising out of the same transaction. Except for
his attendance at court and while being transported to or from any place at
which his presence may be required, the prisoner shall be held in a
suitable jail or other facility regularly used for persons awaiting
prosecution.
(e) At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement,
time being served on the sentence shall continue to run but good time shall
be earned by the prisoner only if, and to the extent that, the law and
practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as
provided in this agreement is exercised, the prisoner shall be deemed to
remain in the custody of and subject to the jurisdiction of the sending
state and any escape from the temporary custody may be dealt with in the
same manner as an escape from the original place of imprisonment or in any
other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the territory
and custody of the sending state, the state in which the one or more
untried indictments, informations or complaints are pending or in which
trial is being had shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement providing for
a different allocation of costs and responsibilities as between or among
themselves. Nothing herein contained shall be construed to alter or affect
any internal relationship among the departments, agencies and officers of
and in the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of the time periods
provided in Articles III and IV of this agreement, the running of said time
periods shall be tolled whenever and for as long as the prisoner is unable
to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms and
provisions of this agreement, and who shall provide, within and without the
state, information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to a party
state when such state has enacted the same into law. A state party to this
agreement may withdraw herefrom by enacting a statute repealing the same.
However, the withdrawal of any state shall not affect the status of any
proceedings already initiated by inmates or by state officers at the time
such withdrawal takes effect, nor shall it affect their rights in respect
thereof.
ARTICLE IX
This agreement shall be liberally construed so as to effectuate its
purposes. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this agreement and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this agreement shall be held contrary to
the constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) "Appropriate court" as used in this Section with reference to the
courts of this State means circuit courts.
(c) All courts, departments, agencies, officers and employees of this
State and its political subdivisions are hereby directed to enforce the
Agreement on Detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its purpose.
(d) Section 3-6-4 shall apply to offenders while in the custody of
another state under this Section.
(e) It shall be lawful and mandatory upon the chief administrative
officer or other official in charge of a penal or correctional institution
in this State to give over the person of any inmate thereof whenever so
required by the operation of the Agreement on Detainers.
(f) The Director of the Department of Corrections shall be the officer
designated under Article VII of the Agreement on Detainers.
(g) Copies of this act shall, upon its approval, be transmitted to the
governor of each state, the attorney general and the administrator of
general services of the United States, and the council of State Governments.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
Sec. 3-8-10. Intrastate detainers. Subsection (b), (c) and (e) of
Section 103-5 of the Code of Criminal Procedure of 1963 shall also apply to
persons committed to any institution or facility or program of the Illinois
Department of Corrections who have untried complaints, charges or
indictments pending in any county of this State, and such person shall
include in the demand under subsection (b), a statement of the place of
present commitment, the term, and length of the remaining term, the charges
pending against him or her to be tried and the county of the
charges, and the
demand shall be addressed to the state's attorney of the county where he or she
is
charged with a copy to the clerk of that court and a copy to the chief
administrative officer of the Department of Corrections institution or
facility to which he or she is committed. The state's attorney shall then procure
the presence of the defendant for trial in his county by habeas
corpus. Additional time may be granted by the court for the process of
bringing and serving an order of habeas
corpus ad prosequendum. In
the event that the person is not brought to trial within the allotted
time, then the charge for which he or she has requested a speedy trial shall be
dismissed. The provisions of this Section do not apply to persons no longer committed to a facility or program of the Illinois Department of Corrections.  A person serving a period of parole or mandatory supervised release under the supervision of the Department of Corrections, for the purpose of this Section, shall not be deemed to be committed to the Department.
(Source: P.A. 103-51, eff. 1-1-24.)
(730 ILCS 5/Ch. III Art. 9 heading)
ARTICLE 9.  
		PROGRAMS OF THE DEPARTMENT OF JUVENILE JUSTICE
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-9-1) (from Ch. 38, par. 1003-9-1)
Sec. 3-9-1. Educational Programs.
(a) The Department of Juvenile Justice, subject to appropriation and with the cooperation of other State agencies that work with children, shall establish programming, the components of which shall include, but are not limited to:
(1) Case management services.
(2) Treatment modalities, including substance abuse     treatment services, mental health services, and developmental disability services.
(3) Prevocational education and career education     services.
(4) Diagnostic evaluation services/Medical screening.
(5) Educational services.
(6) Self-sufficiency planning.
(7) Independent living skills.
(8) Parenting skills.
(9) Recreational and leisure time activities.
(10) Program evaluation.
(11) Medical services.
(b) All institutions or facilities housing persons of such age as to be
subject to compulsory school attendance shall establish an educational
program to provide such persons the opportunity to attain an elementary and
secondary school education equivalent to the completion of the twelfth
grade in the public school systems of this State; and, in furtherance
thereof, shall utilize assistance from local public school districts and
State agencies in established curricula and staffing such program.
(c) All institutions or facilities housing persons not subject to
compulsory school attendance shall make available programs and training to
provide such persons an opportunity to attain an elementary and secondary
school education equivalent to the completion of the twelfth grade in the
public school systems of this State; and, in furtherance thereof, such
institutions or facilities may utilize assistance from local public school
districts and State agencies in creating curricula and staffing the
program.
(d) The Department of Juvenile Justice shall develop and establish a suicide
reduction program in all institutions or facilities housing persons
committed to the Department of Juvenile Justice.  The program shall be designed to
increase the life coping skills and self esteem of juvenile offenders and
to decrease their propensity to commit self destructive acts.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-9-2) (from Ch. 38, par. 1003-9-2)
Sec. 3-9-2. Work Training Programs.
(a) The Department of Juvenile Justice, in conjunction with the private
sector, may establish and offer work training to develop
work habits and equip persons committed to it with marketable skills to
aid in their community placement upon release.  Committed persons
participating in this program shall be paid wages similar to those of
comparable jobs in the surrounding community.  A portion of the wages
earned shall go to the Department of Juvenile Justice to pay part of the committed
person's room and board, a portion shall be deposited into the Violent
Crime Victim's Assistance Fund to assist victims of crime, and the
remainder shall be placed into a savings account for the committed person
which shall be given to the committed person upon release.  The Department
shall promulgate rules to regulate the distribution of the wages earned.
(b) The Department of Juvenile Justice may establish programs of incentive by
achievement, participation in which shall be on a voluntary basis, to sell
goods or services to the public with the net earnings distributed to the
program participants subject to rules of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-9-3) (from Ch. 38, par. 1003-9-3)
Sec. 3-9-3. Day
Release.
(a) The Department of Juvenile Justice may institute day release programs for persons
committed to the Department of Juvenile Justice and shall establish rules and
regulations therefor.
(b) The Department of Juvenile Justice may arrange with local schools, public or private
agencies or persons approved by the Department for the release of persons
committed to the Department of Juvenile Justice on a daily basis to the custody of such
schools, agencies or persons for participation in programs or activities.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-9-4) (from Ch. 38, par. 1003-9-4)
Sec. 3-9-4. Authorized Absence. 
		The Department of Juvenile Justice may extend the limits of the place of confinement of a
person committed to the Department of Juvenile Justice so that he may leave such place
on authorized absence. Whether or not such person is to be accompanied
shall be determined by the chief administrative officer of the institution
or facility from which such authorized absence is granted. An authorized
absence may be granted for a period of time determined by the Department
of Juvenile Justice and any purpose approved by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-9-5) (from Ch. 38, par. 1003-9-5)
Sec. 3-9-5. Minimum Standards. 
		The minimum standards under Article 7 shall apply to all institutions
and facilities under the authority of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-9-6) (from Ch. 38, par. 1003-9-6)
Sec. 3-9-6. Unauthorized Absence. Whenever a person committed to the Department of Juvenile Justice absconds or absents himself or herself without authority
to do so, from
any facility or program to which he or she is assigned, he or she
may be held in custody
for return to the proper correctional official by the authorities or
whomsoever directed, when an order is certified by the Director of Juvenile Justice or
a person duly designated by the Director, with the seal of the Department
of Juvenile Justice attached. The person so designated by the Director of Juvenile Justice with such
seal attached may be one or more persons and the appointment shall be made
as a ministerial one with no recordation or notice necessary as to the
designated appointees. The order shall be directed to all sheriffs,
coroners, police officers, keepers or custodians of jails or other
detention facilities whether in or out of the State of Illinois, or to any
particular person named in the order.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-9-7) (from Ch. 38, par. 1003-9-7)
Sec. 3-9-7. Sexual abuse counseling programs.
(a) The Department of Juvenile Justice
						
shall establish and offer sexual abuse counseling to both victims of sexual
abuse and sexual offenders in as many facilities as necessary to insure
sexual abuse counseling throughout the State.
(b) Any minor committed to the Department of Juvenile Justice
						
for a sex offense as defined under the Sex Offender Management Board Act shall
be required to undergo sex offender treatment by a treatment provider approved
by the Board and conducted in conformance with the standards developed by the
Sex Offender Management Board Act.
(Source: P.A. 93-616, eff. 1-1-04; 94-696, eff. 6-1-06.)
(730 ILCS 5/Ch. III Art. 10 heading)
ARTICLE 10.  
		JUVENILE PROCEDURES
(730 ILCS 5/3-10-1) (from Ch. 38, par. 1003-10-1)
Sec. 3-10-1. Receiving Procedures. 
		The receiving procedures under Section 3-8-1 shall be applicable to
institutions and facilities of the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
Sec. 3-10-2. Examination of persons committed to the Department of Juvenile Justice.
(a) A person committed to the Department of Juvenile Justice shall be examined in
regard to his medical, psychological, social, educational and vocational
condition and history, including the use of alcohol and other drugs,
the circumstances of his offense and any other
information as the Department of Juvenile Justice may determine.
(a-5) Upon admission of a person committed to the Department of Juvenile Justice, the Department of Juvenile Justice must provide the person with appropriate information concerning HIV and AIDS in writing, verbally, or by video or other electronic means. The Department of Juvenile Justice shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department of Juvenile Justice also must offer the person the option of being tested, at no charge to the person, for infection with human immunodeficiency virus (HIV).  Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act.  The Department of Juvenile Justice may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act.  If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record.  The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results.  All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training.  The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (a-5) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention.  If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
administered.
Also, upon the admission of a person committed to the Department of Juvenile Justice, the Department of Juvenile Justice must  inform the person of the Department's obligation to provide the person with medical care.
(b) Based on its examination, the Department of Juvenile Justice may exercise the following
powers in developing a treatment program of any person committed to the Department of Juvenile Justice:
(1) Require participation by him in vocational,     physical, educational and corrective training and activities to return him to the community.
(2) Place him in any institution or facility of the     Department of Juvenile Justice.
(3) Order replacement or referral to the Parole and     Pardon Board as often as it deems desirable. The Department of Juvenile Justice shall refer the person to the Parole and Pardon Board as required under Section 3-3-4.
(4) Enter into agreements with the Secretary of Human     Services and the Director of Children and Family Services, with courts having probation officers, and with private agencies or institutions for separate care or special treatment of persons subject to the control of the Department of Juvenile Justice.
(c) The Department of Juvenile Justice shall make periodic reexamination of all persons
under the control of the Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued. This
examination shall be made with respect to every person at least once
annually.
(d) A record of the treatment decision, including any modification
thereof and the reason therefor, shall be part of the committed person's
master record file.
(e) The Department of Juvenile Justice shall by regular mail and telephone or electronic message
notify the parent, guardian, or nearest relative of any person committed to
the Department of Juvenile Justice of his or her physical location and any change of his or her physical location.
(Source: P.A. 100-19, eff. 1-1-18; 100-700, eff. 8-3-18; 101-81, eff. 7-12-19.)
(730 ILCS 5/3-10-3) (from Ch. 38, par. 1003-10-3)
Sec. 3-10-3. Program Assignment.
(a) The chief administrative officer of each institution or facility of
the Department of Juvenile Justice shall designate a person or persons to classify and
assign juveniles to programs in the institution or facility.
(b) The program assignment of persons assigned to institutions or
facilities of the Department of Juvenile Justice shall be made on the following basis:
(1) As soon as practicable after he is received, and in any case no
later than the expiration of the first 30 days, his file shall be studied
and he shall be interviewed and a determination made as to the program of
education, employment, training, treatment, care and custody appropriate
for him. A record of such program assignment shall be made and shall be a
part of his master record file. A staff member shall be designated for each
person as his staff counselor.
(2) The program assignment shall be reviewed at least once every 3
months and he shall be interviewed if it is deemed desirable or if he so
requests. After review, such changes in his program of education,
employment, training, treatment, care and custody may be made as is
considered necessary or desirable and a record thereof made a part of his
file. If he requests a change in his program and such request is denied,
the basis for denial shall be given to him and a written statement thereof
shall be made a part of his file.
(c) The Department may promulgate rules and regulations governing the
administration of treatment programs within institutions and facilities of
the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4)
Sec. 3-10-4. Intradivisional Transfers.
(a) The transfer of committed persons between institutions or facilities
of the Department of Juvenile Justice shall be under this Section, except that emergency
transfers shall be under Section 3-6-2.
(b) The chief administrative officer of an institution or facility
desiring to transfer a committed person to another institution or facility
shall notify the Director of Juvenile Justice or his
delegate of the basis for the transfer. The Director or his
delegate shall approve or deny such request.
(c) If a transfer request is made by a committed person or his parent,
guardian or nearest relative, the chief administrative officer of the
institution or facility from which the transfer is requested shall notify
the Director of Juvenile Justice or his delegate of the
request, the reasons therefor and his recommendation. The 
Director of Juvenile Justice or his delegate shall either grant the request or if he denies the
request he shall advise the person or his parent, guardian or nearest
relative of the basis for the denial.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-5) (from Ch. 38, par. 1003-10-5)
Sec. 3-10-5. Transfers to the Department of Human Services.
(a) If a person committed to the Department of Juvenile Justice meets the
standard for admission of a minor to a mental health facility or is suitable
for admission to a developmental disability facility, as these terms are
used in the Mental Health and Developmental Disabilities Code, the
Department may transfer the person to an appropriate State
hospital or institution of the Department of Human Services
for a period not to exceed 6 months, if the person consents in writing to
the transfer. The person shall be advised of his right not to consent, and
if he does not consent, the transfer may be effected only by
commitment under paragraph (e) of this Section.
(b) The parent, guardian or nearest relative and the attorney of record
shall be advised of his right to object. If an
objection is made, the
transfer may be effected only by commitment under paragraph (e) of this
Section. Notice of the transfer shall be mailed to the person's parent,
guardian or nearest relative marked for delivery to addressee only at his
last known address by certified mail with return receipt requested together
with written notification of the manner and time within which he may object
to the transfer. Objection to the transfer must be made by
the parent, guardian
or nearest relative within 15 days of receipt of the notification of
transfer, by written notice of the objection to the Director of Juvenile Justice or
chief administrative officer of the institution or facility of the
Department of Juvenile Justice where the person was confined.
(c) If a person committed to the Department under the Juvenile Court Act
or the Juvenile Court Act of 1987 is committed to a hospital or facility of the
Department of Human Services under this Section, the Director of Juvenile Justice shall so notify the committing juvenile court.
(d) Nothing in this Section shall limit the right of the Director
of Juvenile Justice or the chief administrative officer of any institution
or facility to utilize the emergency admission provisions of the Mental
Health and Developmental Disabilities Code with respect to any person in
his custody or care. The transfer of a person to an institution or facility
of the Department of Human Services under
paragraph (a) of this Section does not discharge the person from the control
of the Department of Juvenile Justice.
(e) If the person does not consent to his transfer to the Department of
Human Services or if a
person objects under paragraph (b) of this Section, or if the Department of
Human Services determines
that a transferred person requires
admission to the Department of Human Services
for more than 6 months for any reason, the Director of Juvenile Justice shall file a petition in the circuit court of the county in which
the institution or facility is located requesting admission of the person
to the Department of Human Services. A
certificate of a clinical psychologist, licensed clinical social
worker who is a qualified examiner as defined in Section 1-122 of the
Mental Health and Developmental Disabilities Code, or psychiatrist,
or, if admission to
a developmental disability  facility is sought, of a physician that the
person is in need of commitment to the Department of Human Services for treatment or habilitation
shall be attached
to the petition. Copies of the petition shall be furnished to the named
person, his parent, or guardian or nearest relative, the committing
court, and to the state's attorneys of the county in which the institution
or facility of the Department of Juvenile Justice from which the person was transferred
is located and the county from which the named person was committed to
the Department of Juvenile Justice.
(f) The court shall set a date for a hearing on the petition within the
time limit set forth in the Mental Health and Developmental Disabilities
Code. The hearing shall be conducted in the manner prescribed by the Mental
Health and Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for treatment or
habilitation, the court may
commit him to
that Department.
(g) In the event that a person committed to the Department under the
Juvenile Court Act or the Juvenile Court Act of 1987 is committed to facilities
of the Department of Human Services under paragraph (e) of this Section, the
 Director of Juvenile Justice shall petition the committing juvenile court for an
order terminating the Director's custody.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-6) (from Ch. 38, par. 1003-10-6)
Sec. 3-10-6. Return and Release from Department of Human Services.
(a) The Department of Human Services shall return to the Department of Juvenile Justice

any person
committed to a facility of the Department under paragraph (a) of Section
3-10-5 when the person no longer meets the standard for admission of a
minor to a mental health facility, or is  suitable for administrative
admission to a developmental disability facility.
(b) If a person returned to the Department of Juvenile Justice under paragraph (a)
of this Section has not had an aftercare release hearing within the preceding 6 months,
he or she shall have an aftercare release hearing within 45 days after his or her return.
(c) The Department of Juvenile Justice shall notify the Secretary of Human Services
of the expiration of the
commitment or sentence of any person transferred to the Department of Human
Services under Section
3-10-5. If the Department of Human Services determines that such person
transferred to it under paragraph (a) of Section 3-10-5 requires further
hospitalization, it shall file a petition for commitment of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it pursuant to paragraph (c) of Section 3-10-5, whose
sentence has expired and whom it deems no longer meets the standard for
admission of a minor to a mental health facility, or is suitable for
administrative admission to a developmental disability facility. A person
committed to the Department of Juvenile Justice under the Juvenile Court Act
or the Juvenile Court Act of 1987 and transferred to the Department of Human
Services under paragraph (c)
of Section
3-10-5 shall be released to the committing juvenile court when the
Department of Human Services determines that
he or she no longer requires hospitalization for treatment.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
Sec. 3-10-7. Interdepartment transfers.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) The Director of Juvenile Justice or his designee may authorize the permanent transfer to
the Department of Corrections of any person 18 years or older who was prosecuted under
the provisions of the Criminal Code of 1961 or the Criminal Code of 2012 and sentenced
under the provisions of this Act pursuant to Section 2-7 of the Juvenile
Court Act or Section 5-805 of the Juvenile Court Act of 1987
and committed to the Department of Juvenile Justice under Section 5-8-6 of this Act.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
Sec. 3-10-8. Discipline.)
(a)(1) Corporal punishment and
disciplinary restrictions on diet, medical or sanitary facilities,
clothing, bedding or mail are prohibited, as are reductions in
the frequency of use of toilets, washbowls and showers.
(2) Disciplinary restrictions on visitation, work, education
or program assignments, the use of toilets, washbowls
and showers shall be related as closely as practicable to
abuse of such privileges or facilities. This paragraph shall
not apply to segregation or isolation of persons for purposes
of institutional control.
(3) No person committed to the Department of Juvenile Justice may be
isolated for disciplinary reasons.
(b) The Department of Juvenile Justice shall establish rules and
regulations governing disciplinary practices, the penalties
for violation thereof, and the disciplinary procedure by which
such penalties may be imposed.  The rules of behavior shall be
made known to each committed person, and the discipline shall
be suited to the infraction and fairly applied.
(c) All disciplinary action imposed upon persons in
institutions and facilities of the Department of Juvenile Justice shall
be consistent with this Section and Department rules and
regulations adopted hereunder.
(d) Disciplinary action imposed under this Section shall be
reviewed by the grievance procedure under Section 3-8-8.
(e) A written report of any infraction for which discipline
is imposed shall be filed with the chief administrative officer
within 72 hours of the occurrence of the infraction or the
discovery of it and such report shall be placed in the file
of the institution or facility.
(f) All institutions and facilities of the Department of Juvenile Justice

shall establish, subject to the approval of the Director of Juvenile Justice,
procedures for disciplinary cases except those that may
involve delay in
referral to the Prisoner Review Board or a change in work,
education or other program assignment of more than 7 days duration.
(g) In disciplinary cases which may involve delay in referral to the Prisoner Review Board, or a change in work, education or other
program assignment of more than 7 days duration, the Director
shall establish disciplinary procedures consistent with the
following principles:
(1) Any person or persons who initiate a disciplinary     charge against a person shall not decide the charge.  To the extent possible, a person representing the counseling staff of the institution or facility shall participate in deciding the disciplinary case.
(2) Any committed person charged with a violation of     Department rules of behavior shall be given notice of the charge including a statement of the misconduct alleged and of the rules this conduct is alleged to violate.
(3) Any person charged with a violation of rules is     entitled to a hearing on that charge at which time he shall have an opportunity to appear before and address the person or persons deciding the charge.
(4) The person or persons deciding the charge may     also summon to testify any witnesses or other persons with relevant knowledge of the incident.  The person charged may be permitted to question any person so summoned.
(5) If the charge is sustained, the person charged is     entitled to a written statement of the decision by the persons deciding the charge which shall include the basis for the decision and the disciplinary action, if any, to be imposed.
(6) A change in work, education, or other program     assignment shall not be used for disciplinary purposes except as provided in paragraph (a) of the Section and then only after review and approval under Section 3-10-3.
(Source: P.A. 102-350, eff. 8-13-21.)
(730 ILCS 5/3-10-9) (from Ch. 38, par. 1003-10-9)
Sec. 3-10-9. Grievances. 
		The procedures for grievances of the Department of Juvenile Justice shall be governed
under Section 3-8-8.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-10) (from Ch. 38, par. 1003-10-10)
Sec. 3-10-10. Assistance to Committed Persons. 
		A person committed to the Department of Juvenile Justice shall be furnished with
staff assistance in the exercise of any rights and privileges granted him
under this Code. Such person shall be informed of his right to assistance
by his staff counselor or other staff member.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-11) (from Ch. 38, par. 1003-10-11)
Sec. 3-10-11. Transfers from Department of Children and Family Services.
(a) If (i) a minor 10 years of age or older is adjudicated a
delinquent under the
Juvenile Court Act or the Juvenile Court Act of 1987 and placed with
the Department of Children and Family Services, (ii) it is determined by an
interagency review committee that the Department of
Children and Family Services lacks adequate facilities
to care for and rehabilitate such minor and that placement of such minor with
the Department of Juvenile Justice, subject to certification by the Department of
Juvenile Justice, is appropriate, and (iii) the Department of Juvenile Justice
						
certifies that it has suitable facilities and personnel available for the
confinement of the minor, the Department of Children and Family Services may
transfer custody of the minor to the
Department of Juvenile Justice provided that:
(1) the juvenile court that adjudicated the minor a     delinquent orders the transfer after a hearing with opportunity to the minor to be heard and defend; and
(2) the Director of Juvenile Justice is made a party     to the action; and
(3) notice of such transfer is given to the minor's     parent, guardian or nearest relative; and
(4) a term of incarceration is permitted by law for     adults found guilty of the offense for which the minor was adjudicated delinquent.
The interagency review committee shall include a representative from the
Department of Children and Family Services, a representative from the
Department of Juvenile Justice, and an educator and a qualified mental health
professional jointly selected by the Department of Children and Family Services
and the Department of Juvenile Justice.  The Department of Children and Family
Services, in consultation with the Department of Juvenile Justice, shall promulgate
rules governing the operation of the interagency review committee pursuant to
the Illinois Administrative Procedure Act.
(b) Guardianship of a minor transferred under this Section shall remain
with the Department of Children and Family Services.
(c) Minors transferred under this Section may be placed by the Department
of Juvenile Justice in any program
or facility of the Department of Juvenile Justice, or any
juvenile residential facility.
(d) A minor transferred under this Section shall remain in the custody
of the Department of Juvenile Justice until the Department of
Juvenile Justice determines that the minor is ready to leave its program.  The
Department of Juvenile Justice in consultation with the Department of Children and
Family Services shall develop a transition plan and cooperate with
the Department of Children and Family Services to move the minor to an
alternate program.  Thirty days before implementing the transition plan, the
Department of Juvenile Justice shall provide the court with notice of the plan.  The
Department of Juvenile Justice's custodianship of the minor shall automatically
terminate 30 days after notice is provided to the court and the State's
Attorney.
(e) In no event shall a minor transferred under this Section remain in
the custody of the Department of Juvenile Justice for a period of time in excess of
that period for which an adult could be committed for the same act.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-12) (from Ch. 38, par. 1003-10-12)
Sec. 3-10-12. 
		The Director of the Department of Juvenile Justice may authorize the use of
any institution or facility of the Department of Juvenile Justice as a Juvenile
Detention Facility for the confinement of minors under 16 years of age in
the custody or detained by the Sheriff of any County or the police
department of any city when said juvenile is being held for appearance
before a Juvenile Court or by Order of Court or for other legal reason,
when there is no Juvenile Detention facility available or there are no
other arrangements suitable for the confinement of juveniles. The Director
of Juvenile Justice may certify that suitable facilities and
personnel are available at the appropriate institution or facility for the
confinement of such minors and this certification shall be filed with the
Clerk of the Circuit Court of the County. The Director of Juvenile Justice may withdraw or withhold certification at any time. Upon the
filing of the certificate in a county the authorities of the county may
then use those facilities and set forth in the certificate under the terms
and conditions therein for the above purpose. Juveniles confined, by the
Department of Juvenile Justice, under this Section, must be kept separate from
adjudicated delinquents.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-10-13)
Sec. 3-10-13. Notifications of Release or Escape.
(a) The Department of Juvenile Justice shall establish procedures to provide written
notification of the release of any person from the Department of Juvenile Justice to the
persons and agencies specified in subsection (c) of Section 3-14-1 of this
Code.
(b) The Department of Juvenile Justice shall establish procedures to provide immediate
notification of the escape of any person from the Department of Juvenile Justice to the
persons and agencies specified in subsection (c) of Section 3-14-1 of this
Code.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/Ch. III Art. 11 heading)
ARTICLE 11.  
		FURLOUGHS
(730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1)
Sec. 3-11-1. Furloughs.
(a) The Department may extend the limits of the
place of confinement
of a committed person under prescribed conditions, so that he may leave
such place on a furlough. Whether or not such person is to be
accompanied on furlough shall be determined by the chief administrative
officer. The Department may make an appropriate charge for the necessary
expenses of accompanying a person on furlough. Such furloughs may be
granted for a period of time not to exceed 14 days, for any of the
following purposes:
(1) to visit a spouse, child (including a stepchild     or adopted child), parent (including a stepparent or foster parent), grandparent (including stepgrandparent) or brother or sister who is seriously ill or to attend the funeral of any such person; or
(2) to obtain medical, psychiatric or psychological     services when adequate services are not otherwise available; or
(3) to make contacts for employment; or
(4) to secure a residence upon release on parole or     discharge; or
(5) to visit such person's family; or
(6) to appear before various educational panels,     study groups, educational units, and other groups whose purpose is obtaining an understanding of the results, causes and prevention of crime and criminality, including appearances on television and radio programs.
(b) (Blank).
(c) In any case where the person furloughed is not to be accompanied on
furlough, the Department of Corrections shall give prior notice of the intended
furlough to the State's Attorney of the county from which the offender was
sentenced originally, the State's Attorney of the county where the furlough
is to occur, and to the Sheriff of the county where the furlough is to occur.
Said prior notice is to be in writing except in situations where the reason
for the furlough is of such an emergency nature that previous written notice
would not be possible.  In such cases, oral notice of the furlough shall occur.
(Source: P.A. 96-371, eff. 8-13-09.)
(730 ILCS 5/Ch. III Art. 12 heading)
ARTICLE 12.  
		CORRECTIONAL EMPLOYMENT PROGRAMS
(730 ILCS 5/3-12-1) (from Ch. 38, par. 1003-12-1)
Sec. 3-12-1. 
		Useful Employment. 
		The Department shall, in so far as
possible, employ at useful work
committed persons confined in institutions and facilities of the
Department, who are over the age of compulsory school attendance,
physically capable of such employment, and not otherwise occupied in
programs of the Department. Such employment shall
equip such persons with
marketable skills, promote habits of work and responsibility and contribute
to the expense of the employment program and the committed person's cost
of incarceration.
(Source: P.A. 86-450.)
(730 ILCS 5/3-12-2) (from Ch. 38, par. 1003-12-2)
Sec. 3-12-2. Types of employment.
(a) The Department shall provide inmate workers for Illinois Correctional Industries to work in programs  established to train and employ committed
persons in the production of food stuffs and finished goods and any articles, materials or supplies for
resale to State agencies and authorized purchasers. It may also employ committed persons on public
works, buildings and property, the conservation of natural resources of the
State, anti-pollution or environmental control projects, or for other public
purposes, for the maintenance of the Department's buildings and properties and
for the production of food or other necessities for its programs.  The
Department may establish, maintain and employ committed persons in the
production of vehicle registration plates.  A committed person's labor shall
not be sold, contracted or hired out by the Department except under this
Article.
(b) Works of art, literature, handicraft or other items produced by
committed persons as an avocation and not as a product of a work program of the
Department may be sold to the public under rules and regulations established by
the Department.  The cost of selling such products may be deducted from the
proceeds, and the balance shall be credited to the person's account under
Section 3-4-3.
(Source: P.A. 101-235, eff. 1-1-20.)
(730 ILCS 5/3-12-3) (from Ch. 38, par. 1003-12-3)
Sec. 3-12-3. 
		Vocational Training.
The Department shall maintain programs of training in various vocations
and trades in connection with its employment programs and shall also
provide opportunities for training outside working hours.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
Sec. 3-12-3a. Contracts, leases, and business agreements.
(a) The
Department shall promulgate such rules and policies as it deems necessary to establish, manage, and operate its Illinois Correctional Industries division
for the purpose of utilizing committed persons in the
manufacture of food stuffs, finished goods or wares.  To the extent not inconsistent with the function and role of the ICI, the Department may enter into a contract, lease, or other type of business agreement, not to exceed 20 years, with any private corporation, partnership, person, or other business entity for the purpose of utilizing committed persons in the provision of services or for any other business or commercial enterprise deemed by the Department to be consistent with proper training and rehabilitation of committed persons.
Beginning in fiscal year 2021, the Department shall oversee the Illinois Correctional Industries accounting processes and budget requests to the General Assembly, other budgetary processes, audits by the Office of the Auditor General, and computer processes. Beginning in fiscal year 2021, the spending authority of Illinois Correctional Industries shall no longer be separate and apart from the Department's budget and appropriations, and the Department shall control its accounting processes, budgets, audits and computer processes in accordance with any Department rules and policies.
(b) The Department shall be permitted to construct buildings on State
property for the purposes identified in subsection (a) and to lease for a
period not to exceed 20 years any building or portion thereof on State
property for the purposes identified in subsection (a).
(c) Any contract or other business agreement referenced in
subsection (a) shall include a provision requiring that all committed
persons assigned receive in connection with their assignment such
vocational training and/or apprenticeship programs as the Department deems appropriate.
(d) Committed persons assigned in accordance with this Section shall be
compensated in accordance with the provisions of Section 3-12-5.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
(730 ILCS 5/3-12-4) (from Ch. 38, par. 1003-12-4)
Sec. 3-12-4. 
		Hours and Conditions.
The Department shall make rules and regulations governing the hours and
conditions of labor for committed persons and shall require a medical
examination of all persons to determine their physical capacity to work.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
Sec. 3-12-5. Compensation. Persons performing a work assignment under
subsection (a) of Section 3-12-2 may receive wages  under rules and regulations
of the Department.  In determining rates of compensation, the Department shall
consider the effort, skill and economic value of the work performed.
Compensation may be given to persons who participate in other programs of the
Department.  If the committed person files a lawsuit determined
frivolous
under Article XXII of the Code of Civil Procedure, 50% of the
compensation shall be used to offset the filing fees and costs of the lawsuit
as provided in
that Article until all fees and costs are paid in full. All other wages shall
be deposited in the individual's
account under rules and regulations of the Department.
(Source: P.A. 101-235, eff. 1-1-20.)
(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
Sec. 3-12-6. Programs. Through its Illinois Correctional Industries division, the Department may establish commercial, business, and manufacturing programs for the production of finished goods and processed food and beverages to the State, its political units, agencies, and other public institutions. Illinois Correctional Industries may establish, operate, and maintain manufacturing and food and beverage production in the Department facilities and provide food for the Department institutions and for the mental health and developmental disabilities institutions of the Department of Human Services and the institutions of the Department of Veterans' Affairs.
Illinois Correctional Industries shall be administered by a chief executive officer.  The chief executive officer shall report to the Director of the Department or the Director's designee. The chief executive officer shall administer the commercial and business programs of ICI for inmate workers in the custody of the Department of Corrections.
The chief executive officer shall have such assistants as are required for programming, manufacturing, budget, and personnel as necessary to run its programs.
Illinois Correctional Industries shall be located in Springfield. The chief executive officer of Illinois Correctional Industries
 shall assign personnel to teach
 the production of goods and shall employ committed persons
assigned by the facility chief administrative officer. The Department of Corrections may
direct such other vocational programs as it deems necessary for the rehabilitation of inmates, which shall be separate and apart from, and not in conflict with, programs of Illinois Correctional Industries.
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
(730 ILCS 5/3-12-7) (from Ch. 38, par. 1003-12-7)
Sec. 3-12-7. Purchasers; Allocation.
(a) The State, its political
units, agencies and other public institutions shall purchase from Illinois Correctional Industries all manufactured goods, articles, materials, industry related services, food
stuffs, and supplies required by them which are produced or
manufactured by persons confined in institutions and facilities of the
Department. The Secretary of State may purchase from the Department
vehicle registration plates produced by persons confined in institutions
and facilities of the Department.  The Secretary shall determine reasonable
specifications and prices of such vehicle registration plates as agreed
upon with the Department. Not-for-profit corporations chartered in Illinois
or other States may purchase such goods and services.  Units of the Federal
government and units of government in other States may also purchase such
goods and services. All entities which contract with the State, its
political units, its agencies, its public institutions or not-for-profit
corporations chartered in Illinois may purchase goods or services from the
Department which are used in the performance of such contracts.  Nothing
shall prohibit the Department from bidding on portions of a State contract
which are subcontracted by the primary contractor.  The public may purchase
crushed limestone and lime dust for agricultural and horticultural purposes
and hardwood. Illinois Correctional Industries may also sell grain from its agricultural
operations on the open market.  All other articles, materials, industry
related services, food stuffs and supplies which are produced or
manufactured by persons confined in institutions and facilities of the
Department shall be available for sale on the open market.
(b) Allocation of goods shall be made in the following manner:
(1) first, for needs of the Department of Corrections     and the Department of Human Services;
(2) second, for the State, its agencies and public     institutions;
(3) third, for those political subdivisions of the     State and their agencies in which the producing institution or facility of the Department is located;
(4) fourth, for other political subdivisions of the     State and their agencies and public institutions;
(5) fifth, for sale on the open market;
(6) sixth, for not for profit corporations chartered     in Illinois;
(7) seventh, for units of government in other states;
(8) eighth, for units of the Federal government;
(9) ninth, for not-for-profit organizations chartered     in other states;
(10) tenth, all other permitted purchasers.
(c) Exemption from required purchases shall be on certification of
Illinois Correctional Industries that the items to be purchased are
not manufactured by Illinois Correctional Industries.
(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10.)
(730 ILCS 5/3-12-8) (from Ch. 38, par. 1003-12-8)
Sec. 3-12-8. 
		Purchase and Control of Supplies.
The Department may enter into contracts for the purchase of raw
materials required for industrial production and shall have charge of
articles, materials and supplies manufactured for sale to purchasers.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-12-9) (from Ch. 38, par. 1003-12-9)
Sec. 3-12-9. 
		Sale and Lease of Goods. 
		(a) The Department shall establish
procedures and issue regulations
governing the sale and lease of goods. It shall issue a list of all goods
available
for sale and lease and shall issue certificates to any required purchasers
under
Section 3-12-7 where the goods requested are not currently available.
(b) Prices shall be determined by the Department as near to the usual
market price for such items as possible and shall be uniform for all
purchasers.
(c) Any disagreement between the Department and an authorized purchaser
or lessee which cannot be resolved between the parties shall be submitted to
arbitration. A board of 3 arbitrators shall be chosen: one by the
Department; one by the purchaser; and one by the other 2 arbitrators. The
decision of the arbitrators shall be final. The arbitrators shall receive
no compensation but expenses shall be shared by the parties on an equal
basis.
(Source: P.A. 84-1041.)
(730 ILCS 5/3-12-10) (from Ch. 38, par. 1003-12-10)
Sec. 3-12-10. 
		Contracts Null and Void. 
		
		Any contract or agreement violating this Article is null and void. The
Attorney General of this State may bring legal action to challenge the
validity of any contract agreement which he believes to be in violation of
this Article.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-12-11)
Sec. 3-12-11. (Repealed).
(Source: P.A. 81-1507. Repealed by P.A. 103-8, eff. 6-7-23.)
(730 ILCS 5/3-12-11a) (from Ch. 38, par. 1003-12-11a)
Sec. 3-12-11a. 
		
		The Department shall establish, operate and maintain
food production facilities whereby the Department shall employ committed
persons to grow or produce as much food as is practicable for consumption
within its institutions.
(Source: P.A. 85-306.)
(730 ILCS 5/3-12-12) (from Ch. 38, par. 1003-12-12)
Sec. 3-12-12. 
		(Repealed).
(Source: P.A. 89-507, eff. 7-1-97.  Repealed by P.A. 96-877, eff. 7-1-10.)
(730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)
Sec. 3-12-13. Sale of property. Whenever a responsible officer of the
Correctional Industries Division of the Department seeks to dispose of property
pursuant to the State Property Control Act, proceeds received by the Administrator
under that Act from the sale of property under the control of the Division
of Correctional Industries of the Department shall be deposited into the General Revenue Fund.
(Source: P.A. 103-8, eff. 6-7-23.)
(730 ILCS 5/3-12-14) (from Ch. 38, par. 1003-12-14)
Sec. 3-12-14. 
		Recycling and Refuse Sorting Program. 
		The Department
shall establish and operate a recycling and refuse sorting program in which
committed persons shall be employed. The Department shall promulgate rules
and regulations to establish guidelines for the program.  The Department
shall report to the General Assembly as to the progress of this Recycling
and Refuse Sorting Program.
(Source: P.A. 87-647.)
(730 ILCS 5/3-12-15)
Sec. 3-12-15. 
		Personally identifiable information.
(a) For purposes of this Section, "personally identifiable information"
includes, without limitation, the following with respect to any individual:
(1) Address.
(2) Telephone number.
(3) Fax number.
(4) E-mail address.
(5) Driver's license number.
(6) Social Security Number.
(7) Credit card number.
(8) Credit history and credit rating.
(9) Insurance information.
(10) Information on purchasing habits.
(11) Automobile registration information.
(12) Vehicle identification number of any vehicle     owned or leased by the individual.
(b) The Department may not assign or permit any committed person to
enter any personally identifiable information in a computer processible
medium or any other medium, nor may any other governmental entity or any
private organization assign or permit any person committed to the
Department to enter any personally identifiable information in a computer
processible medium or any other medium pursuant to an interagency
agreement or contract with the Department.
(c) This Section applies to all contracts and interagency agreements entered
into by the Department
before the effective date of this amendatory Act of 1999 and still in existence
on that date as well as to all contracts and interagency agreements entered
into by the Department on or
after that date.
(Source: P.A. 91-180, eff. 1-1-00.)
(730 ILCS 5/3-12-16)
Sec. 3-12-16. Helping Paws Service Dog Program.
(a) In this Section:
"Person with a disability" means a person who suffers from a physical or mental
impairment that substantially
limits one or more major life activities.
"Program" means the Helping Paws Service Dog Program created by this
Section.
"Service dog" means a dog trained in obedience and task skills to meet
the
needs of a person with a disability.
"Animal care professional" means a person certified to work in animal
care
related services, such as
grooming, kenneling, and any other related fields.
"Service dog professional" means a person certified to train service
dogs
by an agency, organization, or
school approved by the Department.
"Veteran" means an Illinois
resident who is a veteran as defined in subsection (h) of
Section 1491 of Title 10 of the United States Code.
(b) The Department may establish the Helping Paws Service Dog Program to
train
committed persons to be
service dog trainers and animal care professionals. The Department shall select
committed persons in
various correctional institutions and facilities to participate in the Program.
(c) Priority for participation in the Program must be given to committed
persons who either have a high school
diploma or have passed high school equivalency testing.
(d) The Department may contract with service dog professionals to train
committed persons to be certified
service dog trainers. Service dog professionals shall train committed persons
in
dog obedience training,
service dog training, and animal health care. Upon successful completion of the
training, a committed
person shall receive certification by an agency, organization, or school
approved by the Department.
(e) The Department may designate a non-profit organization to select
animals
from humane societies and
shelters for the purpose of being trained as service dogs and for participation
in any program designed to
train animal care professionals.
(f) After a dog is trained by the committed person as a service dog, a
review
committee consisting of an equal
number of persons from the Department and the non-profit organization shall
select a person with a disability or a veteran with post-traumatic stress disorder (PTSD) or depression to
receive the service dog free of charge.
(g) Employees of the Department shall periodically visit persons with disabilities
who
have received service dogs from
the Department under this Section to determine whether the needs of the
persons with disabilities or veterans with post-traumatic stress disorder (PTSD) or depression have been met
by the service dogs trained by committed persons.
(h) Employees of the Department shall periodically visit committed persons
who
have been certified as service
dog trainers or animal care professionals and who have been paroled or placed
on mandatory supervised
release to determine whether the committed persons are using their skills as
certified service dog trainers or
animal care professionals.
(Source: P.A. 99-143, eff. 7-27-15; 100-384, eff. 1-1-18.)
(730 ILCS 5/Ch. III Art. 12.5 heading)
ARTICLE 12.5.  PRISONER ENTREPRENEUR EDUCATION PROGRAM
(Repealed)
(Source: P.A. 100-283, eff. 8-24-17. Repealed internally, eff. 8-27-22.)
(730 ILCS 5/Ch. III Art. 13 heading)
ARTICLE 13.  
		WORK AND DAY RELEASE
(730 ILCS 5/3-13-1) (from Ch. 38, par. 1003-13-1)
Sec. 3-13-1. 
		Establishment. 
		The Department shall establish and maintain
work and day release programs and facilities for persons committed to the
Department. The Department may establish work and day release programs for
nonviolent pregnant female offenders and nonviolent female offenders and
their children under the age of 6.
(Source: P.A. 86-1380.)
(730 ILCS 5/3-13-2) (from Ch. 38, par. 1003-13-2)
Sec. 3-13-2. 
		Purposes.
The Department may allow a committed person to leave an institution or
facility during reasonable hours where such release would assist the
individual's rehabilitation and would not cause undue risk to the public
for any of the following purposes:
(1) work; or
(2) conduct a business or other self-employed occupation including
housekeeping or attending to family needs; or
(3) attend an educational institution, including vocational education;
or
(4) obtain medical or psychological treatment, including treatment for
drug addiction or alcoholism; or
(5) other purposes directly related to programs of the Department.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-13-3) (from Ch. 38, par. 1003-13-3)
Sec. 3-13-3. 
		Record of Release Status.
The fact and circumstances of release status shall be entered in the
master record file of each person placed on work or day release.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4)
Sec. 3-13-4. Rules and sanctions.)
(a) The Department shall establish rules governing release status and shall provide written copies of such rules to both the committed person on work or day release and to the employer or other person responsible for the individual. Such employer or other responsible person shall agree to abide by such rules, notify the Department of any violation thereof by the individual on release status, and notify the Department of the discharge of the person from work or other programs.
(b) If a committed person violates any rule, the Department may impose sanctions appropriate to the violation. The Department shall provide sanctions for unauthorized absences which shall include prosecution for escape under Section 3-6-4.
(c) An order certified by the Director, Assistant Director, or the Supervisor of the Apprehension Unit, or a person duly designated by him or her, with the seal of the Department of Corrections attached and directed to all sheriffs, coroners, police officers, or to any particular persons named in the order shall be sufficient warrant for the officer or person named therein to arrest and deliver the violator to the proper correctional official. Such order shall be executed the same as criminal processes.
In the event that a work-releasee is arrested for another crime, the sheriff or police officer shall hold the releasee in custody until he notifies the nearest Office of Field Services or any of the above-named persons designated in this Section to certify the particular process or warrant.
(d) Not less than 3 days prior to any person being placed in a work release facility, the Department of Corrections shall provide to the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but not be limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the Department of Corrections, and like information. The Department of Corrections shall, in addition, give written notice not less than 3 days prior to the placement to the State's Attorney of the county from which the offender was originally sentenced. The notification requirements of this subsection (d) may be electronic notification for individuals required to be housed outside the penitentiary system pursuant to subsection (a) of Section 5-8-6.
(e) For those individuals required to be housed outside the penitentiary system as outlined in subsection (a) of Section 5-8-6, the Department as soon as reasonably practicable shall provide the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but is not limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the custody of the Department of Corrections, and similar information. The Department of Corrections shall, in addition, give electronic notice as soon as reasonably practicable to the State's Attorney of the county from which the individual was originally sentenced.
(Source: P.A. 103-358, eff. 1-1-24.)
(730 ILCS 5/3-13-5) (from Ch. 38, par. 1003-13-5)
Sec. 3-13-5. 
		Wages and Working Conditions.
A person on work release shall not be required to work for less than the
prevailing wage or under worse than prevailing working conditions in the
area.
(Source: P.A. 77-2097.)
(730 ILCS 5/3-13-6) (from Ch. 38, par. 1003-13-6)
Sec. 3-13-6. 
		Expenses; Disposition of Wages.
(a) The Department shall establish reasonable fees for the costs of
maintenance, transportation, and incidental expenses for those released for
employment purposes. Advances of moneys as required by persons prior to
receiving their first paycheck may be made by the Department under rules
and regulations established by it.
(b) Compensation paid on account of any person's employment shall be
credited to the individual's account in a bank or other financial
institution determined by the Department.
(c) Any earnings after deduction of costs by the Department shall be
sent to any legal dependents of the individual, if he shall direct, or to
the appropriate agency if such dependents are receiving public assistance
or are residents of a State hospital, State school, or foster care facility
provided by the State. The surplus shall be deposited in his account for
distribution at his direction according to rules and regulations of the
Department.
(Source: P.A. 77-2097.)
(730 ILCS 5/Ch. III Art. 14 heading)
ARTICLE 14.  
		PAROLE AND AFTER-CARE
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release, final
discharge, or pardon, the Department shall return all property held for
him, provide him with suitable clothing and procure necessary
transportation for him to his designated place of residence and
employment. It may provide such person with a grant of money for travel and
expenses which may be paid in installments. The amount of the money grant
shall be determined by the Department.
(a-1)  The Department shall, before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, provide him or her with any documents necessary after discharge.
(a-2) The Department of Corrections may establish and maintain, in any institution
it administers, revolving funds to be known as "Travel and Allowances Revolving
Funds".  These revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.  The moneys
paid into such revolving funds shall be from appropriations to the Department
for Committed, Paroled, and Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on parole, mandatory release, final discharge, or pardon, the Department shall provide the person with a form that informs him or her that his or her voting rights have been restored and a voter registration application. The Department shall have available voter registration applications in the languages provided by the Illinois State Board of Elections. The form that informs the person that his or her rights have been restored shall include the following information:
(1) All voting rights are restored upon release from     the Department's custody.
(2) A person who is eligible to vote must register in     order to be able to vote.
The Department of Corrections shall confirm that the person received the voter registration application and has been informed that his or her voting rights have been restored.
(a-4) Prior to release of a person on parole, mandatory supervised release, final discharge, or pardon, the Department shall screen every person for Medicaid eligibility.  Officials of the correctional institution or facility where the committed person is assigned shall assist an eligible person to complete a Medicaid application to ensure that the person begins  receiving benefits as soon as possible after his or her release. The application must include the eligible person's address associated with his or her residence upon release from the facility. If the residence is temporary, the eligible person must notify the Department of Human Services of his or her change in address upon transition to permanent housing.
(b) (Blank).
(c) Except as otherwise provided in this Code, the Department shall
establish procedures to provide written notification of any release of any
person who has been convicted of a felony to the State's Attorney
and sheriff of the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the offender is to be
paroled or released.  Except as otherwise provided in this Code, the
Department shall establish procedures to provide written notification to
the proper law enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the offender or the
commission of the offense took place in the municipality, if the offender is to
be paroled or released into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a person
convicted of a felony who is in the custody of the Department of Corrections or
on parole or mandatory supervised release informs the Department that he or she
has resided, resides, or will
reside at an address that is a housing facility owned, managed,
operated, or leased by a public housing agency, the Department must send
written notification of that information to the public housing agency that
owns, manages, operates, or leases the housing facility.  The written
notification shall, when possible, be given at least 14 days before release of
the person from custody, or as soon thereafter as possible. The written notification shall be provided electronically if the State's Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and up to date email address.
(c-1) (Blank).
(c-2)  The Department shall establish procedures to provide notice to the Illinois  State Police of the release or discharge of persons convicted of violations of the Methamphetamine Control and Community
Protection Act or a violation of the Methamphetamine Precursor Control Act.  The Illinois State Police shall make this information available to local, State, or federal law enforcement agencies upon request.
(c-5) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide copies of the following information to the appropriate licensing or regulating Department and the licensed or regulated facility where the person becomes a resident:
(1) The mittimus and any pre-sentence investigation     reports.
(2) The social evaluation prepared pursuant to     Section 3-8-2.
(3) Any pre-release evaluation conducted pursuant to     subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and     dispositions.
(5) Any parole plan, including orders issued by the     Prisoner Review Board, and any violation reports and dispositions.
(6) The name and contact information for the assigned     parole agent and parole supervisor.
This information shall be provided within 3 days of the person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide written notification of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the     municipality and county in which the licensed facility is located.
The notification shall be provided within 3 days of the person becoming a resident of the facility.
(d) Upon the release of a committed person on parole, mandatory
supervised release, final discharge, or pardon, the Department shall provide
such person with information concerning programs and services of the
Illinois Department of Public Health to ascertain whether such person has
been exposed to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole, mandatory supervised
release, final discharge, pardon, or who has been wrongfully imprisoned, the Department shall verify the released person's full name, date of birth, and social security number.  If verification is made by the Department by obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the released person.  If verification by the Department is done by means other than obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State, and shall provide that verification form to the released person.
(f) Forty-five days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person:
(1) who is otherwise uninsured an opportunity to     apply for health care coverage including medical assistance under Article V of the Illinois Public Aid Code in accordance with subsection (b) of Section 1-8.5 of the Illinois Public Aid Code, and the Department of Corrections shall provide assistance with completion of the application for health care coverage including medical assistance;
(2) information about obtaining a standard Illinois     Identification Card or a limited-term Illinois Identification Card under Section 4 of the Illinois Identification Card Act if the person has not been issued an Illinois Identification Card under subsection (a-20) of Section 4 of the Illinois Identification Card Act;
(3) information about voter registration and may     distribute information prepared by the State Board of Elections.  The Department of Corrections may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under Section 1A-16.2 of the Election Code;
(4) information about job listings upon discharge     from the correctional institution or facility;
(5)  information about available housing upon     discharge from the correctional institution or facility;
(6) a directory of elected State officials and of     officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and
(7) any other information that the Department of     Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism.
(g) Sixty days before the scheduled discharge of a person committed to the custody of the Department or upon receipt of the person's certified birth certificate and social security card as set forth in subsection (d) of Section 3-8-1 of this Act, whichever occurs later, the Department shall transmit an application for an Identification Card to the Secretary of State, in accordance with subsection (a-20) of Section 4 of the Illinois Identification Card Act.
The Department may adopt rules to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff. 1-1-24.)
(730 ILCS 5/3-14-1.5)
Sec. 3-14-1.5. Parole agents and parole supervisors; off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of the Criminal Code of 2012 do  not apply to parole agents and parole supervisors who meet the following conditions:
(1) The parole agent or parole supervisor must receive training in the use of firearms while off-duty conducted by the Illinois Law Enforcement Training Standards Board and be certified as having successfully completing such training by the Board.  The Board shall determine the amount of such training and the course content for such training.  The parole agent or parole supervisor shall requalify for the firearms training annually at a State range certified by the Illinois Law Enforcement Training Standards Board.  The expenses of such retraining shall be paid by the parole agent or parole supervisor and moneys for such requalification shall be expended at the request of the Illinois Law Enforcement Training Standards Board.
(2)  The parole agent or parole supervisor shall purchase such firearm at his or her own expense and shall register the firearm with the Illinois State Police and with any other local law enforcement agencies that require such registration.
(3)  The parole agent or parole supervisor  may not carry any Illinois Department of Corrections State issued firearm while off-duty.  A person who violates this paragraph (3) is subject to disciplinary action by the Illinois Department of Corrections.
(4) Parole agents and supervisors who are discharged from employment of the Illinois Department of Corrections shall no longer be considered law enforcement officials and all their rights as law enforcement officials shall be revoked permanently.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
(a) The Department shall retain custody of all persons placed on
parole or mandatory supervised release or released pursuant to Section
3-3-10 of this Code and shall supervise such persons during
their parole or release period in accord with the conditions set by the
Prisoner Review Board.  When setting conditions, the Prisoner Review Board shall make an individualized assessment as to what conditions are appropriate based on the risk and needs assessment, program participation and completion, assignment history while incarcerated, and behavior history during the period of the incarceration and involve only such deprivations of liberty or property as are reasonably necessary to protect the public from the person's conduct in the underlying conviction or violation. In determining conditions, the Prisoner Review Board shall also consider the reasonableness of imposing additional conditions on the person and the extent to which the conditions impact the person's work, education, community service, financial, and family caregiving obligations. Such conditions shall include referral to an
alcohol or drug abuse treatment program, as appropriate, if such person has
previously been identified as having an alcohol or drug abuse problem.
Such conditions may include that the person use an approved electronic
monitoring device subject to Article 8A of Chapter V.
(b) The Department shall assign personnel to assist persons eligible
for parole in preparing a parole plan. Such Department personnel shall
make a report of their efforts and findings to the Prisoner Review
Board prior to its consideration of the case of such eligible person.
(c) A copy of the conditions of his parole or release shall be
signed by the parolee or releasee and given to him and to his
supervising officer who shall report on his progress under the rules and
regulations of the Prisoner Review Board. The supervising officer
shall report violations to the Prisoner Review Board and shall have
the full power of peace officers in the arrest and retaking of any
parolees or releasees or the officer may request the Department to issue
a warrant for the arrest of any parolee or releasee who has allegedly
violated his parole or release conditions.
(c-1) The supervising officer shall request the Department to issue a parole violation warrant, and the Department shall issue a parole violation warrant, under the following circumstances:
(1) if the parolee or releasee commits an act that     constitutes a felony using a firearm or knife,
(2) if applicable, fails to comply with the     requirements of the Sex Offender Registration Act,
(3) if the parolee or releasee is charged with:
(A) a felony offense of domestic battery under         Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012,
(B) aggravated domestic battery under Section         12-3.3 of the Criminal Code of 1961 or the Criminal Code of 2012,
(C) stalking under Section 12-7.3 of the Criminal         Code of 1961 or the Criminal Code of 2012,
(D) aggravated stalking under Section 12-7.4 of         the Criminal Code of 1961 or the Criminal Code of 2012,
(E) violation of an order of protection under         Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or
(F) any offense that would require registration         as a sex offender under the Sex Offender Registration Act, or
(4)  if the parolee or releasee is on parole or     mandatory supervised release for a murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 1961 or the Criminal Code of 2012, or any felony that requires registration as a sex offender under the Sex Offender Registration Act and commits an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony.
A
sheriff or other peace officer may detain an alleged parole or release
violator until a warrant for his return to the Department can be issued.
The parolee or releasee may be delivered to any secure place until he can
be transported to the Department. The officer or the Department shall file a violation report with notice of charges with the Prisoner Review Board.
(d) The supervising officer shall regularly advise and consult with
the parolee or releasee, assist him in adjusting to community life,
inform him of the restoration of his rights on successful completion of
sentence under Section 5-5-5, and provide the parolee or releasee with an electronic copy of the Department of Corrections system of graduated responses as set forth under subparagraph (D) of paragraph (1) of subsection (b) of Section 10 of the Illinois Crime Reduction Act of 2009 and any sanctions matrix based on that system. If the parolee or releasee has been convicted of a sex offense as defined in the Sex Offender
Management Board Act, the supervising officer shall periodically, but not less than once a month, verify that the parolee or releasee is in compliance with paragraph   (7.6) of subsection (a) of Section 3-3-7.
(d-1) At least once every 6 months, the supervising officer of a parolee or releasee shall review the case of the parolee or releasee to assess the parolee's or releasee's progress and suitability for early discharge under subsection (b) of Section 3-3-8 and provide a recommendation for either early discharge or the continuation of parole or mandatory supervised release as previously ordered. The recommendation and the rationale for the recommendation shall be noted in the Department's case management system. Within 30 days of receiving the supervising officer's recommendation, the Department shall provide a copy of the final recommendation, in writing or electronically, to the Prisoner Review Board and to the parolee or releasee. If an early discharge recommendation was not provided, the supervising officer shall share the list of steps or requirements that the person must complete or meet to be granted an early discharge recommendation at a subsequent review under agency guidelines. The Department shall develop guidelines and policies to support the regular review of parolees and releasees for early discharge consideration and the timely notification of the Prisoner Review Board when early discharge is recommended.
(d-2) Supervising officers shall schedule meetings, which are required under paragraph (3) of subsection (a) of Section 3-3-7 as a condition of parole or mandatory supervised release, at such times and locations that take into consideration the medical needs, caregiving obligations, and work schedule of a parolee or releasee.
(d-3) To comply with the provisions of subsection (d-2), in lieu of requiring the parolee or releasee to appear in person for the required reporting or meetings, supervising officers may utilize technology, including cellular and other electronic communication devices or platforms, that allows for communication between the supervised individual and the supervising officer.
(e) Supervising officers shall receive specialized training in the
special needs of female releasees or parolees including the family
reunification process.
(f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records shall be
entered in the master file of the individual.
(Source: P.A. 103-271, eff. 1-1-24.)
(730 ILCS 5/3-14-2.5)
Sec. 3-14-2.5. Extended supervision of sex offenders.
(a) The Department shall retain custody of all sex offenders placed on mandatory supervised release pursuant to clause (d)(4) of Section 5-8-1 of this Code and shall supervise such persons during their term of supervised release in accord with the conditions set by the Prisoner Review Board pursuant to Section 3-3-7 of this Code.
(b) A copy of the conditions of mandatory supervised release shall be signed by the offender and given to him or her  and to his or her supervising officer.  Commencing 180 days after the offender's release date and continuing every 180 days thereafter for the duration of the supervision term, the supervising officer shall prepare a progress report detailing the offender's adjustment and compliance with the conditions of mandatory supervised release including the offender's participation and progress in sex offender treatment.  The progress report shall be submitted to the Prisoner Review Board and copies provided to the chief of police and sheriff in the municipality and county in which the offender resides and is registered.
(c) Supervising officers shall receive specialized training in the supervision of sex offenders including the impact of sexual assault on its victims.
(d) Releasees serving extended mandatory supervised release terms pursuant to subsection (d) of Section 5-8-1 of this Code may request discharge from supervision as provided by subsection (b) of Section 3-3-8 of this Code.  Requests for discharge from extended mandatory supervised release shall be supported by a recommendation by the releasee's supervising agent and an evaluation of the releasee completed no longer than 30 days prior to the request for discharge from supervision.  The evaluation shall be conducted by a Sex Offender Management Board approved sex offender evaluator and shall be at the releasee's expense.
(e) The term of extended mandatory supervised release pursuant to paragraph (4) of subsection (d) of Section 5-8-1 of this Code shall toll during any period of incarceration.
(Source: P.A. 94-165, eff. 7-11-05.)
(730 ILCS 5/3-14-3) (from Ch. 38, par. 1003-14-3)
Sec. 3-14-3. Parole services. To assist parolees or releasees, the
Department shall provide employment counseling and job placement services,
and may in addition to other services provide the following:
(1) assistance in residential placement;
(2) family and individual counseling and treatment     placement;
(3) financial counseling;
(4) vocational and educational counseling and     placement; and
(5) referral services to any other State or local     agencies. The Department shall make information about the availability  of these services known to a  parolee or releasee prior to his or her release from the correctional facility where the parolee or releasee  has been residing. The Department may purchase necessary services for a parolee or releasee if they are otherwise unavailable and the parolee or releasee is unable to pay for them. It may assess all or part of the costs of such services to a parolee or releasee in accordance with his ability to pay for them.
(Source: P.A. 102-478, eff. 8-20-21.)
(730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
Sec. 3-14-4. 
		Half-way Houses.
(a) The Department may establish and
maintain half-way houses for the residence of persons on parole or
mandatory release. Such half-way houses shall be maintained apart from
security institutions, except that the Director of Corrections is authorized
to designate that any work or day release facility, or any portion thereof,
may be used as a half-way house for the residence of persons on parole or
mandatory supervised release.
(b) For those persons to be placed in a half-way house directly upon release
from an institution on parole or mandatory supervised release status,
not less than 15 days prior to the placement of such a person in such a
half-way house, the Department of Corrections shall give written notice
to the State's Attorney and the Sheriff of the county and the proper law
enforcement agency of the municipality in which the
half-way house is located of the identity of the person to be placed in
that program.  Such identifying information shall include,
but not be limited to, the name of the individual, age, physical description,
photograph, the crime for which the person was originally sentenced to
the Department of Corrections, and like information.  The notice
shall be given in all cases, except when placement of an emergency nature
is necessary.  In such emergency cases, oral notice
shall be given to the appropriate parties within 24 hours with written notice
to follow within 5 days.
(c) Persons on parole or mandatory supervised release status who have
been previously released to the community, but who are not currently
residing in a half-way house, may be placed in a half-way house upon the
oral notification of the parties within 24 hours as indicated in subsection
(b) of this Section.  Such oral notification shall be followed with
written notification within 5 days.
(Source: P.A. 91-695, eff. 4-13-00.)
(730 ILCS 5/3-14-4.5)
Sec. 3-14-4.5. Private half-way houses.
(a) As used in this Section, "half-way house" means a facility primarily designed for the residence of persons on parole or mandatory supervised release from the Department of Corrections, other than one operated by the Department of Corrections.
(b) Any person or entity who intends to establish a half-way house on or after the effective date of this amendatory Act of the 94th General Assembly shall comply with all applicable local ordinances and permitting requirements.
(c) Not more than 48 hours after the placement of a person in such a half-way house, the half-way house shall give written notice to the State's Attorney and the sheriff of the county and the proper law enforcement agency of the municipality in which the half-way house is located of the identity of the person placed in that program. The identifying information shall include, but not be limited to, the name of the individual, age, physical description, photograph, and the crime for which the person was originally sentenced to the Department of Corrections. The notice shall be given in all cases, and may be provided via facsimile at such telephone number as the receiving State's Attorney, sheriff, or law enforcement agency may direct.
(d) Failure to comply with the notification requirements of subsection (c) is a petty offense for which a $1,000 fine shall be imposed for each offense.
(Source: P.A. 94-946, eff. 1-1-07.)
(730 ILCS 5/3-14-5) (from Ch. 38, par. 1003-14-5)
Sec. 3-14-5. 
		Mental Health treatment; stalking and aggravated stalking. 
		
For defendants found guilty of stalking or aggravated stalking and
sentenced to the custody of the Department of Corrections, the court may
order the Prisoner Review Board to consider requiring the defendant to
undergo mental health treatment by a mental health professional or at a
community mental health center, hospital, or facility of the Department of
Human Services as a
condition of parole or mandatory supervised release.
(Source: P.A. 89-507, eff. 7-1-97.)
(730 ILCS 5/3-14-6)
Sec. 3-14-6. Transitional jobs; pilot program. Subject to appropriations
or other funding, the Department may
establish
a
pilot program at various locations in the State to place persons discharged from a
Department
facility on parole or mandatory supervised release in jobs or otherwise
establish a
connection between such persons and the workforce. One such location must be at Waukegan, in Lake County. By rule, the Department
shall
determine the locations in which the pilot program is to be implemented
and the services to be provided.
In determining locations for the pilot program, however, the Department shall
give priority to areas of the State in which the concentration of released
offenders is the highest.
The
Department may consult with the Department of Human Services in establishing
the pilot
program.
(Source: P.A. 93-208, eff. 7-18-03; 94-839, eff. 6-6-06.)
(730 ILCS 5/3-14-7)
Sec. 3-14-7. Supervision of domestic violence offenders. A person convicted of a  felony domestic battery, aggravated domestic battery, stalking, aggravated stalking, or a felony violation of an order of protection shall be supervised during his or her term of parole or mandatory supervised release by a supervising officer who has completed not less than 40 hours of domestic violence and partner abuse intervention training.
(Source: P.A. 96-282, eff. 1-1-10.)
(730 ILCS 5/Ch. III Art. 15 heading)
ARTICLE 15.  
		FIELD SERVICES
(730 ILCS 5/3-15-1) (from Ch. 38, par. 1003-15-1)
Sec. 3-15-1. 
		
		Purpose.)  The Department shall establish and provide
post release treatment programs for juvenile offenders committed to the
Department and released by the Prisoner Review Board.
(Source: P.A. 80-1099.)
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and Detention
and Shelter Care Facilities.
(a) The Department of Corrections shall establish for the operation of county and
municipal jails and houses of correction, minimum standards for the physical
condition of such institutions and for the treatment of inmates with
respect to their health and safety and the security of the community.
The Department of Juvenile Justice shall establish for the operation of county juvenile detention
and shelter care facilities established pursuant to the County Shelter
Care and Detention Home Act, minimum standards for the physical
condition of such institutions and for the treatment of juveniles with
respect to their health and safety and the security of the community.
Such standards shall not apply to county shelter care facilities which
were in operation prior to January 1, 1980. Such standards shall not seek
to mandate minimum floor space requirements for each inmate housed in cells
and detention rooms in county and
municipal jails and houses of correction.
However, no more than two inmates may be housed in a single cell or detention
room.
When an inmate is tested for an airborne
communicable  disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results of
the test
shall be personally delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must appear for the
judge's inspection in camera if requested by the judge.  Acting in accordance
with the best interests of those in the courtroom, the judge shall have the
discretion to determine what if any precautions need to be taken to prevent
transmission of the disease in the courtroom.
(b) At least once each year, the Department of Corrections may inspect each
adult
facility for compliance with the standards established and the results
of such inspection shall be made available by the Department for public
inspection.  At least once each year, the Department of Juvenile Justice shall inspect each
county juvenile detention and shelter care facility for compliance with the
standards established, and the Department of Juvenile Justice shall make the results of such
inspections available for public inspection.
 If any detention, shelter care or correctional facility does
not comply with the standards established, the Director of Corrections
or the Director of Juvenile Justice, as the case may be, shall give notice to the county board and the sheriff or the corporate
authorities of the municipality, as the case may be, of such
noncompliance, specifying the particular standards that have not been
met by such facility. If the facility is not in compliance with such
standards when six months have elapsed from the giving of such notice,
the Director of Corrections or the Director of Juvenile Justice, as the case may be, may petition the appropriate court for an
order requiring such facility to comply with the standards established
by the Department or for other appropriate relief.
(c) The Department of Corrections may provide consultation services for the
design, construction, programs and administration of correctional facilities and services for adults
operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department shall be admitted to these facilities as
required for such purposes. The Department may develop and administer
programs of grants-in-aid for correctional services in cooperation with
local agencies. The Department may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(c-5) The Department of Juvenile Justice may provide consultation services for the
design, construction, programs, and administration of detention and shelter care services for children operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department of Juvenile Justice shall be admitted to these facilities as
required for such purposes. The Department of Juvenile Justice may develop and administer
programs of grants-in-aid for juvenile correctional services in cooperation with
local agencies. The Department of Juvenile Justice may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(d) The Department is authorized to issue reimbursement grants for
counties, municipalities or public building commissions for the purpose of
meeting minimum correctional facilities standards set by the Department
under this Section. Grants may be issued only for projects that were
completed after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities shall     not exceed 90% of the project costs or $7,000,000, whichever is less.
(2) Grants for correctional facilities by a single     county, municipality or public building commission shall not exceed 75% of the proposed project costs or $4,000,000, whichever is less.
(3) As used in this subsection (d), "project" means     only that part of a facility that is constructed for jail, correctional or detention purposes and does not include other areas of multi-purpose buildings.
Construction or renovation grants are authorized to be issued by the
Capital Development Board from capital development bond funds after
application by a county or counties, municipality or municipalities or
public building commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated after
January 1, 1987.
(e) The Department of Corrections shall adopt standards for county jails to hold
juveniles on a temporary basis, as provided in Section 5-410 of the
Juvenile Court Act of 1987.  These standards shall include monitoring,
educational, recreational, and disciplinary standards as well
as access to medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and visitation rights.  The
Department of Corrections shall also notify any county applying to hold juveniles in a county
jail of the standards for juvenile detention 
under Section 5-410 of the Juvenile Court Act of
1987.
(Source: P.A. 98-685, eff. 1-1-15.)
(730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3)
Sec. 3-15-3. Persons with mental illness and developmental
disabilities.
(a) The Department of Corrections must, by rule, adopt 
standards
and procedures
for the provision of mental health and developmental disability services to
persons with mental illness and persons with a developmental disability
confined in a county jail as set forth under
Section 3-7-7 of this Code.
The Department of Juvenile Justice must, by rule, adopt standards and procedures for the provision of mental health and developmental disability services to persons with mental illness and persons with a developmental disability confined in a juvenile detention facility as set forth under Section 3-7-7 of this Code.
Those standards and procedures must address screening and classification,
the use of
psychotropic medications, suicide prevention, qualifications of staff, staffing
levels, staff training, discharge, linkage and aftercare, the confidentiality
of mental health records, and such other issues as are necessary to ensure that
inmates with mental illness receive adequate and humane care and services.
(b) At least once each year, the Department of Corrections must inspect each county jail
 for compliance with the standards and
procedures established. At least once each year, the Department of Juvenile Justice must inspect each juvenile detention facility for compliance with the standards and procedures established.
The results of the inspection must be made available by the Department of Corrections or the Department of Juvenile Justice, as the case may be, for
public inspection.  If any county jail or juvenile detention facility does not comply
with the standards and procedures
established, the Director of Corrections or the Director of Juvenile Justice, as the case may be, must give notice to the county board
and the sheriff of such noncompliance, specifying the particular standards and
procedures that
have not been met by the county jail or juvenile detention facility.  If the county jail or
juvenile detention facility is not in
compliance with the standards and procedures when 6 months have elapsed from
the giving of
such notice, the Director of Corrections or the Director of Juvenile Justice, as the case may be, may petition the appropriate court for
an order
requiring the jail or juvenile detention facility to comply with the standards
and procedures established by the
Department of Corrections or the Department of Juvenile Justice, as the case may be, or for other appropriate relief.
(Source: P.A. 98-685, eff. 1-1-15.)
(730 ILCS 5/3-15-4)
Sec. 3-15-4. 
		
		Task force on mental health services in municipal jails and
lockups.
(a) The Department of Corrections shall convene a special task force to
develop and propose model standards for the delivery of mental health services
and the prevention of suicides in municipal jails and lockups.  The task force
shall be
composed of no more than 22 members appointed by the Director of Corrections
as follows:
(1) Not more than 8 members representing     municipalities.
(2) Not more than 8 members representing  community     mental health service providers and State operated and private psychiatric hospitals, including no more than 3 representatives of the Office of Mental Health, Department of Human Services.
(3) Three members of the general public, at least one     of whom must be a primary consumer of  mental health services.
(4) Not more than 3 representatives of the following     groups: the National Commission on Correctional Health Care, the American Correctional Association, the Joint Commission on the Accreditation of Health Care Organizations, the American Association of Correctional Psychology, the John Howard Association.
		The Director of Corrections shall in appointing the task force attempt to
ensure that the membership on the task force represents the geographic
diversity of the State.
(b) The members of the task force shall serve without compensation and may
not receive reimbursement for any expenses incurred in performing their duties
as members of the task force.
(c) The task force may, without limitation, (i) determine what services
and screening should be provided in municipal pre-trial detention facilities
and what
training and resources are necessary to provide those services and (ii)
recommend changes in the Department's standards for municipal jails and
lockups.
(d) Before the Department acts upon any recommendation of the task force,
the Department must hold a public hearing to provide individuals with mental
illnesses and their family members, mental health advocacy organizations, and
the public to review, comment upon, and suggest any changes to the proposed
standards for municipal jails and lockups.
(e) The task force must submit its recommendations as to any changes in the
standards for municipal jails and lockups to the General Assembly by January
15, 2002.
(Source: P.A. 92-469, eff. 8-22-01.)
(730 ILCS 5/Ch. III Art. 16 heading)
ARTICLE 16.  
		PILOT PROGRAM FOR SELECTED
PAROLED JUVENILE OFFENDERS
(730 ILCS 5/3-16-5)
Sec. 3-16-5. Multi-year pilot program for selected paroled youth
released from institutions of the Department of Juvenile Justice.
(a) The Department of Juvenile Justice may establish in Cook County, DuPage
County, Lake County, Will County,
and Kane County a 6 year pilot program for selected youthful offenders
released to parole by the Department of Juvenile Justice.
(b) A person who is being released to parole from the Department of Juvenile Justice
						
under subsection (e) of Section 3-3-3 whom the
Department of Juvenile Justice deems a serious or at risk delinquent youth who is likely to
have
difficulty re-adjusting to the community, who has had either significant
clinical problems or a history of criminal activity related to sex offenses,
drugs, weapons, or gangs, and who is returning to
Cook County, Will County, Lake County, DuPage County, or Kane County may be
screened for eligibility to participate in the pilot
program.
(c) If the Department of Juvenile Justice establishes a pilot program under this
Section,
the Department of Juvenile Justice shall provide
supervision and structured services to persons selected to participate in the
program to: (i)
ensure that they receive high levels of supervision and case managed,
structured services; (ii) prepare them for re-integration into the community;
(iii) effectively monitor their compliance with parole requirements and
programming;
and (iv) minimize the likelihood that they will commit additional offenses.
(d) Based upon the needs of a participant, the Department of Juvenile Justice may provide any or
all of the following to a participant:
(1) Risk and needs assessment;
(2) Comprehensive case management;
(3) Placement in licensed secured community     facilities as a transitional measure;
(4) Transition to residential programming;
(5) Targeted intensive outpatient treatment services;
(6) Structured day and evening reporting programs and     behavioral day treatment;
(7) Family counseling;
(8) Transitional programs to independent living;
(9) Alternative placements;
(10) Substance abuse treatment.
(e) A needs assessment case plan and parole supervision profile may be
completed by the Department of Juvenile Justice before the selected eligible
person's release from institutional custody to parole supervision.
The needs assessment case plan and parole supervision profile shall include
identification of placement
requirements, intensity of parole supervision, and assessments of
educational, psychological, vocational, medical, and substance abuse treatment
needs.  Following the completion by the Department of Juvenile Justice of the
parole supervision profile and needs assessment case plan, a comprehensive
parole case management plan
shall be developed for each committed youth eligible and selected for admission
to the pilot program.  The comprehensive parole case management plan shall be
submitted for approval by the
Department of Juvenile Justice and for presentation to the Prisoner Review Board.
(f) The Department of Juvenile Justice may identify in a comprehensive parole case management
plan any special conditions for
parole supervision and establish sanctions for a participant who
fails to comply with the program requirements or who violates parole rules.
These sanctions may include the return of a participant to a secure community
placement or recommendations for parole revocation to the Prisoner
Review Board.  Paroled youth may be held for investigation in secure community
facilities or on warrant
pending revocation in local detention or jail facilities based on age.
(g) The Department of Juvenile Justice may select and contract with a community-based network
and work in partnership with private providers to provide the services
specified in
subsection (d).
(h) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall,
in the 3 years following the effective date of this amendatory Act of
1997, first implement the pilot program in Cook County
and then implement the pilot program in DuPage County, Lake County, Will
County, and Kane County in accordance with a schedule to be developed by the
Department of Juvenile Justice.
(i) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall establish a 3 year follow-up evaluation and outcome
assessment for all participants in the pilot program.
(j) If the Department of Juvenile Justice establishes a pilot program under this Section,
the Department of Juvenile Justice shall publish an outcome study covering a 3 year
follow-up period for participants in the pilot program.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/Ch. III Art. 17 heading)
ARTICLE 17.  TRANSITIONAL HOUSING FOR SEX OFFENDERS
(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-17-1)
Sec. 3-17-1. Transitional housing for sex offenders. This Article may be cited as the Transitional Housing For Sex Offenders Law.
(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-17-5)
Sec. 3-17-5. Transitional housing; licensing.
(a) The Department of Corrections shall license transitional housing facilities for persons convicted of or placed on supervision for sex offenses as defined in the Sex Offender Management Board Act.
(b) A transitional housing facility must meet the following criteria to be licensed by the Department:
(1) The facility shall provide housing to a sex     offender who is in compliance with his or her parole, mandatory supervised release, probation, or supervision order for a period not to exceed 90 days, unless extended with approval from the Director or his or her designee.  Notice of any extension approved shall be provided to the Prisoner Review Board.
(2) The Department of Corrections must approve a     treatment plan and counseling for each sex offender residing in the transitional housing.
(3) The transitional housing facility must provide     security 24 hours each day and 7 days each week as defined and approved by the Department.
(4) The facility must notify the police department,     public and private elementary and secondary schools, public libraries, and each residential home and apartment complex located within 500 feet of the transitional housing facility of its initial licensure as a transitional housing facility, and of its continuing operation as a transitional housing facility annually thereafter.
(5) Upon its initial licensure as a transitional     housing facility and during its licensure, each facility shall maintain at its main entrance a visible and conspicuous exterior sign identifying itself  as, in letters at least 4 inches tall, a "Department of Corrections Licensed Transitional Housing Facility".
(6) Upon its initial licensure as a transitional     housing facility, each facility shall file in the office of the county clerk of the county in which such facility is located, a certificate setting forth the name under which the facility is, or is to be, operated, and the true or real full name or names of the person, persons or entity operating the same, with the address of the facility. The certificate shall be executed and duly acknowledged by the person or persons so operating or intending to operate the facility.  Notice of the filing of the certificate shall be published in a newspaper of general circulation published within the county in which the certificate is filed.  The notice shall be published once a week for 3 consecutive weeks.  The first publication shall be within 15 days after the certificate is filed in the office of the county clerk. Proof of publication shall be filed with the county clerk within 50 days from the date of filing the certificate. Upon receiving proof of publication, the clerk shall issue a receipt to the person filing the certificate, but no additional charge shall be assessed by the clerk for giving such receipt. Unless proof of publication is made to the clerk, the notification is void.
(7) Each licensed transitional housing facility shall     be identified on the Illinois State Police Sex Offender Registry website, including the address of the facility together with the maximum possible number of sex offenders that the facility could house.
(c) The Department of Corrections shall establish rules consistent with this Section establishing licensing procedures and criteria for transitional housing facilities for sex offenders, and may create criteria for, and issue licenses for, different levels of facilities to be licensed.  The Department is authorized to set and charge a licensing fee for each application for a transitional housing license.  The rules shall be adopted within 60 days after the effective date of this amendatory Act of the 94th General Assembly.  Facilities which on the effective date of this amendatory Act of the 94th General Assembly are currently housing and providing sex offender treatment to sex offenders may continue housing more than one sex offender on parole, mandatory supervised release, probation, or supervision for a period of 120 days after the adoption of licensure rules during which time the facility shall apply for a transitional housing license.
(d) The Department of Corrections shall maintain a file on each sex offender housed in a transitional housing facility.  The file shall contain efforts of the Department in placing a sex offender in non-transitional housing, efforts of the Department to place the sex offender in a county from which he or she was convicted, the anticipated length of stay of each sex offender in the transitional housing facility, the number of sex offenders residing in the transitional housing facility, and the services to be provided the sex offender while he or she resides in the transitional housing facility.
(e) The Department of Corrections shall, on or before December 31 of each year, file a report with the General Assembly on the number of transitional housing facilities for sex offenders licensed by the Department, the addresses of each licensed facility, how many sex offenders are housed in each facility, and the particular sex offense that each resident of the transitional housing facility committed.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 5/Ch. III Art. 18 heading)
ARTICLE 18.  PROGRAM OF REENTRY INTO COMMUNITY
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-18-5)
Sec. 3-18-5. Definitions. As used in this Article:
"Board" means the Prisoner Review Board.
"Department" means the Department of Corrections.
"Director" means the Director of Corrections.
"Offender" means a person who has been convicted of a felony under the laws of this State and sentenced to a term of imprisonment.
"Program" means a program established by a county or municipality under Section 3-18-10 for reentry of persons into the community who have been committed to the Department for commission of a felony.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-18-10)
Sec. 3-18-10. Establishment of program.
(a) A county with the approval of the county board or a municipality that maintains a jail or house of corrections with the approval of the corporate authorities may establish a program for reentry of offenders into the community who have been committed to the Department for commission of a felony.  Any program shall be approved by the Director prior to placement of inmates in a program.
(b)  If a county or municipality establishes a program under this Section, the sheriff in the case of a county or the police chief in the case of a municipality shall:
(1) Determine whether offenders who are referred by     the Director of Corrections under Section 3-18-15  should be assigned to participate in a program.
(2) Supervise offenders participating in the program     during their participation in the program.
(c)  A county or municipality shall be liable for the well being and actions of inmates in its custody while in a program and shall indemnify the Department for any loss incurred by the Department caused while an inmate is in a program.
(d)   An offender may not be assigned to  participate in a program unless the Director of Corrections, in consultation with the Prisoner Review Board, grants prior approval of the assignment under this Section.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-18-15)
Sec. 3-18-15. Referral of person to sheriff or police chief; assignment of person by the  Department.
(a) Except as otherwise provided in this Section, if a program has been established in a county or municipality in which an offender was sentenced to imprisonment for a felony, the Director may refer the offender to the county sheriff or municipal police chief if:
(1) The offender qualifies under the standards     established by the Director in subsection (c);
(2) The offender  has demonstrated a willingness to:
(A) engage in employment or participate in         vocational rehabilitation or job skills training; and
(B) meet any existing obligation for restitution         to any victim of his or her  crime; and
(3) the offender is within one year of his or her     probable release from prison, as determined by the Director.
(b)   Except as otherwise provided in this Section, if the Director is notified by the sheriff or police chief under Section 3-18-10 that an offender  would benefit by being assigned to the custody of the sheriff or police chief to participate in the program, the Director shall review whether the offender should be assigned to participate in a program for not longer than the remainder of his or her sentence.
(c) The Director, by rule, shall adopt standards setting forth which offenders are eligible to be assigned to the custody of the sheriff or police chief to participate in the program under  this Section.  The standards adopted by the Director must be approved by the Prisoner Review Board and must provide that an offender is ineligible for participation in the program who:
(1) has recently committed a serious infraction of     the rules of an institution or facility of the Department;
(2) has not performed the duties assigned to him or     her in a faithful and orderly manner;
(3) has, within the immediately preceding 5 years,     been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
(4) has ever been convicted of a sex offense as     defined in Section 10 of the Sex Offender Management Board Act;
(5) has escaped or attempted to escape from any jail     or correctional institution for adults; or
(6) has not made an effort in good faith to     participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director.
(d)  The Director shall adopt rules requiring offenders who are assigned to the custody of the sheriff or police chief under this Section to reimburse the Department for the cost of their participation in a program, to the extent of their ability to pay.
(e)  The sheriff or police chief may return the offender to the custody of the Department at any time for any violation of the terms and conditions imposed by the Director in consultation with the Prisoner Review Board.
(f)  If an offender assigned to the custody of the sheriff or police chief under this Section violates any of the terms or conditions imposed by the Director in consultation with the Prisoner Review Board and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him or her before he or she was returned to the custody of the Department, as determined by the Director.  The Director may provide for a forfeiture of credits under this subsection (f) only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he or she  considers proper. The Director, by rule, shall establish procedures for review of forfeiture of good behavior credit.  The decision of the Director regarding such a forfeiture is final.
(g) The assignment of an offender to the custody of the sheriff or police chief under this Section shall be deemed:
(1) a continuation of his or her imprisonment and not     a release on parole or mandatory supervised release; and
(2) for the purposes of Section 3-8-1, an assignment     to a facility of the Department, except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
(h) An offender does not have a right to be assigned to the custody of the sheriff or police chief under this Section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a program creates any right or interest in liberty or property or establishes a basis for any cause of action against this State or  its political subdivisions, agencies, boards, commissions, departments, officers, or employees.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-18-20)
Sec. 3-18-20. Director to contract  for certain services for offenders in program.
(a)  The Director may enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders participating in a program:
(1) transitional housing;
(2) treatment pertaining to substance abuse or mental     health;
(3) training in life skills;
(4) vocational rehabilitation and job skills     training; and
(5) any other services required by offenders who are     participating in a program.
(b)  The Director shall, as necessary and appropriate, provide referrals and information regarding:
(1) any of the services provided pursuant to     subsection (a);
(2) access and availability of any appropriate     self-help groups;
(3) social services for families and children; and
(4) permanent housing.
(c) The Director may apply for and accept any gift, donation, bequest, grant, or other source of money to carry out the provisions of this Section.
(d)  As used in this Section, training in life skills includes, without limitation, training in the areas of:
      (1) parenting;
      (2) improving human relationships;
      (3) preventing domestic violence;
      (4) maintaining emotional and physical health;
      (5) preventing abuse of alcohol and drugs;
      (6) preparing for and obtaining employment; and
      (7) budgeting, consumerism, and personal finances.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-18-25)
Sec. 3-18-25. Monitoring of participant in program. The Department shall retain the authority to monitor each person who is participating in a program under  Section 3-18-15.  Such authority shall include site inspections, review of program activities, and access to inmate files and records.
(Source: P.A. 94-383, eff. 1-1-06; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-18-30)
Sec. 3-18-30. Reentry specialist. Irrespective of whether an institution or facility has access to a reentry program under this Article, each institution or facility shall hire a reentry specialist to assist with the reentry of offenders into the community who have been committed to the Department for commission of a felony. The Department shall provide by rule for the duties and responsibilities of reentry specialists, including, but not limited to, signing inmates up for health care under the federal Patient Protection and Affordable Care Act.
(Source: P.A. 102-760, eff. 1-1-23.)
(730 ILCS 5/Ch. III Art. 19 heading)
ARTICLE 19.  METHAMPHETAMINE ABUSERS PILOT PROGRAMS
(Source: P.A. 94-549, eff. 1-1-06; 95-331, eff. 8-21-07.)
(730 ILCS 5/3-19-5)
Sec. 3-19-5. Methamphetamine abusers pilot program; Franklin County Juvenile Detention Center.
(a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Juvenile Detention Center.  The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services.
(b) A person convicted of the unlawful possession of methamphetamine under Section 60 of the Methamphetamine Control and Community Protection Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be  ordered by the court to be committed to the Program established under this Section.
(c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days.  A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services.  The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders.
(d) Persons committed to the Program who are 17 years of age or older shall be separated from minors under 17 years of age who are detained in the Juvenile Detention Center and there shall be no contact between  them.
(e) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination.
(f) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program.  The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after January 1, 2006 (the effective date of Public Act 94-549) and each year thereafter that the Program continues operation.
(Source: P.A. 100-759, eff. 1-1-19.)
(730 ILCS 5/3-19-10)
Sec. 3-19-10. Methamphetamine abusers pilot program; Franklin County Jail.
(a) There is created the Methamphetamine Abusers Pilot Program at the Franklin County Jail.  The Program shall be established upon adoption of a resolution or ordinance by the Franklin County Board and with the consent of the Secretary of Human Services.
(b) A person convicted of the unlawful possession of methamphetamine under Section 402 of the Illinois Controlled Substances Act, after an assessment by a designated program licensed under the Substance Use Disorder Act that the person has a substance use disorder as defined in the Substance Use Disorder Act and may benefit from treatment for his or her substance use disorder, may be  ordered by the court to be committed to the Program established under this Section.
(c) The Program shall consist of medical and psychiatric treatment for the substance use disorder for a period of at least 90 days and not to exceed 180 days.  A treatment plan for each person participating in the Program shall be approved by the court in consultation with the Department of Human Services.  The Secretary of Human Services shall appoint a Program Administrator to operate the Program who shall be licensed to provide residential treatment for substance use disorders.
(d) Upon the establishment of the Pilot Program, the Secretary of Human Services shall inform the chief judge of each judicial circuit of this State of the existence of the Program and its date of termination.
(e) The Secretary of Human Services, after consultation with the Program Administrator, shall determine the effectiveness of the Program in rehabilitating persons with substance use disorders committed to the Program.  The Secretary shall prepare a report based on his or her assessment of the effectiveness of the Program and shall submit the report to the Governor and General Assembly within one year after the effective date of this amendatory Act of the 94th General Assembly and each year thereafter that the Program continues operation.
(Source: P.A. 100-759, eff. 1-1-19.)
(730 ILCS 5/3-19-15)
Sec. 3-19-15. Task Force on Transitional Housing for Sex Offenders.
(a) There is created the Task Force on Transitional Housing Facilities for Sex Offenders. The Task Force shall be composed of the following members:
(1)  Two members from the Department of Corrections     appointed by the Director of Corrections;
(2)  Two members from the Prisoner Review Board     appointed by that Board;
(3) Two members of the Senate appointed by the     President of the Senate;
(4) Two members of the Senate appointed by the     Minority Leader of the Senate;
(5) Two members of the House of Representatives     appointed by the Speaker of the House of Representatives;
(6) Two members of the House of Representatives     appointed by the Minority Leader of the House of Representatives; and
(7)  Two members of the Governor's Office appointed     by the Governor.
(b)  The Task Force shall study the implementation, cost, placement, and effectiveness of transitional housing facilities for sex offenders released from facilities of the Department of Corrections.
(c) The members of the Task Force shall receive no compensation for their services as members of the Task Force but may be reimbursed for their actual expenses incurred in serving on the Task Force  from appropriations made to them for such purpose.
(Source: P.A. 95-640, eff. 6-1-08.)