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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5298

Introduced 2/10/2026, by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-2-2
730 ILCS 5/3-2-2.5 new
730 ILCS 5/3-2.5-61

Amends the Unified Code of Corrections. Provides that the annual
reports submitted by the Director of Corrections and the Director of
Juvenile Justice to the Governor and General Assembly shall include
various statistics concerning committed persons aged 18 or older, but
younger than 22, who are incarcerated in the Department of Corrections or
transferred to Department of Juvenile Justice facilities to participate in
the High School Diploma Program.
LRB104 18286 RLC 31726 b

A BILL FOR

HB5298
LRB104 18286 RLC 31726 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Sections 3-2-2 and 3-2.5-61 and by adding Section
6
3-2-2.5 as follows:

7

(730 ILCS 5/3-2-2)
8

Sec. 3-2-2.
Powers and duties of the Department.
9

(1) In addition to the powers, duties, and
10
responsibilities which are otherwise provided by law, the
11
Department shall have the following powers:
12

(a) To accept persons committed to it by the courts of
13

this State for care, custody, treatment, and
14

rehabilitation, and to accept federal prisoners and
15

noncitizens over whom the Office of the Federal Detention
16

Trustee is authorized to exercise the federal detention
17

function for limited purposes and periods of time.
18

(b) To develop and maintain reception and evaluation
19

units for purposes of analyzing the custody and
20

rehabilitation needs of persons committed to it and to
21

assign such persons to institutions and programs under its
22

control or transfer them to other appropriate agencies. In
23

consultation with the Department of Alcoholism and

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1

Substance Abuse (now the Department of Human Services),
2

the Department of Corrections shall develop a master plan
3

for the screening and evaluation of persons committed to
4

its custody who have alcohol or drug abuse problems, and
5

for making appropriate treatment available to such
6

persons; the Department shall report to the General
7

Assembly on such plan not later than April 1, 1987. The
8

maintenance and implementation of such plan shall be
9

contingent upon the availability of funds.
10

(b-1) To create and implement, on January 1, 2002, a
11

pilot program to establish the effectiveness of
12

pupillometer technology (the measurement of the pupil's
13

reaction to light) as an alternative to a urine test for
14

purposes of screening and evaluating persons committed to
15

its custody who have alcohol or drug problems. The pilot
16

program shall require the pupillometer technology to be
17

used in at least one Department of Corrections facility.
18

The Director may expand the pilot program to include an
19

additional facility or facilities as he or she deems
20

appropriate. A minimum of 4,000 tests shall be included in
21

the pilot program. The Department must report to the
22

General Assembly on the effectiveness of the program by
23

January 1, 2003.
24

(b-5) To develop, in consultation with the Illinois
25

State Police, a program for tracking and evaluating each
26

inmate from commitment through release for recording his

HB5298
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LRB104 18286 RLC 31726 b
1

or her gang affiliations, activities, or ranks.
2

(c) To maintain and administer all State correctional
3

institutions and facilities under its control and to
4

establish new ones as needed. Pursuant to its power to
5

establish new institutions and facilities, the Department
6

may, with the written approval of the Governor, authorize
7

the Department of Central Management Services to enter
8

into an agreement of the type described in subsection (d)
9

of Section 405-300 of the Department of Central Management
10

Services Law. The Department shall designate those
11

institutions which shall constitute the State Penitentiary
12

System. The Department of Juvenile Justice shall maintain
13

and administer all State youth centers pursuant to
14

subsection (d) of Section 3-2.5-20.
15

Pursuant to its power to establish new institutions
16

and facilities, the Department may authorize the
17

Department of Central Management Services to accept bids
18

from counties and municipalities for the construction,
19

remodeling, or conversion of a structure to be leased to
20

the Department of Corrections for the purposes of its
21

serving as a correctional institution or facility. Such
22

construction, remodeling, or conversion may be financed
23

with revenue bonds issued pursuant to the Industrial
24

Building Revenue Bond Act by the municipality or county.
25

The lease specified in a bid shall be for a term of not
26

less than the time needed to retire any revenue bonds used

HB5298
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LRB104 18286 RLC 31726 b
1

to finance the project, but not to exceed 40 years. The
2

lease may grant to the State the option to purchase the
3

structure outright.
4

Upon receipt of the bids, the Department may certify
5

one or more of the bids and shall submit any such bids to
6

the General Assembly for approval. Upon approval of a bid
7

by a constitutional majority of both houses of the General
8

Assembly, pursuant to joint resolution, the Department of
9

Central Management Services may enter into an agreement
10

with the county or municipality pursuant to such bid.
11

(c-5) To build and maintain regional juvenile
12

detention centers and to charge a per diem to the counties
13

as established by the Department to defray the costs of
14

housing each minor in a center. In this subsection (c-5),
15

"juvenile detention center" means a facility to house
16

minors during pendency of trial who have been transferred
17

from proceedings under the Juvenile Court Act of 1987 to
18

prosecutions under the criminal laws of this State in
19

accordance with Section 5-805 of the Juvenile Court Act of
20

1987, whether the transfer was by operation of law or
21

permissive under that Section. The Department shall
22

designate the counties to be served by each regional
23

juvenile detention center.
24

(d) To develop and maintain programs of control,
25

rehabilitation, and employment of committed persons within
26

its institutions.

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LRB104 18286 RLC 31726 b
1

(d-5) To provide a pre-release job preparation program
2

for inmates at Illinois adult correctional centers.
3

(d-10) To provide educational and visitation
4

opportunities to committed persons within its institutions
5

through temporary access to content-controlled tablets
6

that may be provided as a privilege to committed persons
7

to induce or reward compliance.
8

(e) To establish a system of supervision and guidance
9

of committed persons in the community.
10

(f) To establish in cooperation with the Department of
11

Transportation to supply a sufficient number of prisoners
12

for use by the Department of Transportation to clean up
13

the trash and garbage along State, county, township, or
14

municipal highways as designated by the Department of
15

Transportation. The Department of Corrections, at the
16

request of the Department of Transportation, shall furnish
17

such prisoners at least annually for a period to be agreed
18

upon between the Director of Corrections and the Secretary
19

of Transportation. The prisoners used on this program
20

shall be selected by the Director of Corrections on
21

whatever basis he deems proper in consideration of their
22

term, behavior and earned eligibility to participate in
23

such program - where they will be outside of the prison
24

facility but still in the custody of the Department of
25

Corrections. Prisoners convicted of first degree murder,
26

or a Class X felony, or armed violence, or aggravated

HB5298
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LRB104 18286 RLC 31726 b
1

kidnapping, or criminal sexual assault, aggravated
2

criminal sexual abuse or a subsequent conviction for
3

criminal sexual abuse, or forcible detention, or arson, or
4

a prisoner adjudged a Habitual Criminal shall not be
5

eligible for selection to participate in such program. The
6

prisoners shall remain as prisoners in the custody of the
7

Department of Corrections and such Department shall
8

furnish whatever security is necessary. The Department of
9

Transportation shall furnish trucks and equipment for the
10

highway cleanup program and personnel to supervise and
11

direct the program. Neither the Department of Corrections
12

nor the Department of Transportation shall replace any
13

regular employee with a prisoner.
14

(g) To maintain records of persons committed to it and
15

to establish programs of research, statistics, and
16

planning.
17

(h) To investigate the grievances of any person
18

committed to the Department and to inquire into any
19

alleged misconduct by employees or committed persons; and
20

for these purposes it may issue subpoenas and compel the
21

attendance of witnesses and the production of writings and
22

papers, and may examine under oath any witnesses who may
23

appear before it; to also investigate alleged violations
24

of a parolee's or releasee's conditions of parole or
25

release; and for this purpose it may issue subpoenas and
26

compel the attendance of witnesses and the production of

HB5298
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LRB104 18286 RLC 31726 b
1

documents only if there is reason to believe that such
2

procedures would provide evidence that such violations
3

have occurred.
4

If any person fails to obey a subpoena issued under
5

this subsection, the Director may apply to any circuit
6

court to secure compliance with the subpoena. The failure
7

to comply with the order of the court issued in response
8

thereto shall be punishable as contempt of court.
9

(i) To appoint and remove the chief administrative
10

officers, and administer programs of training and
11

development of personnel of the Department. Personnel
12

assigned by the Department to be responsible for the
13

custody and control of committed persons or to investigate
14

the alleged misconduct of committed persons or employees
15

or alleged violations of a parolee's or releasee's
16

conditions of parole shall be conservators of the peace
17

for those purposes, and shall have the full power of peace
18

officers outside of the facilities of the Department in
19

the protection, arrest, retaking, and reconfining of
20

committed persons or where the exercise of such power is
21

necessary to the investigation of such misconduct or
22

violations. This subsection shall not apply to persons
23

committed to the Department of Juvenile Justice under the
24

Juvenile Court Act of 1987 on aftercare release.
25

(j) To cooperate with other departments and agencies
26

and with local communities for the development of

HB5298
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LRB104 18286 RLC 31726 b
1

standards and programs for better correctional services in
2

this State.
3

(k) To administer all moneys and properties of the
4

Department.
5

(l) To report annually to the Governor on the
6

committed persons, institutions, and programs of the
7

Department.
8

(l-5) (Blank).
9

(m) To make all rules and regulations and exercise all
10

powers and duties vested by law in the Department.
11

(n) To establish rules and regulations for
12

administering a system of sentence credits, established in
13

accordance with Section 3-6-3, subject to review by the
14

Prisoner Review Board.
15

(o) To administer the distribution of funds from the
16

State Treasury to reimburse counties where State penal
17

institutions are located for the payment of assistant
18

state's attorneys' salaries under Section 4-2001 of the
19

Counties Code.
20

(p) To exchange information with the Department of
21

Human Services and the Department of Healthcare and Family
22

Services for the purpose of verifying living arrangements
23

and for other purposes directly connected with the
24

administration of this Code and the Illinois Public Aid
25

Code.
26

(q) To establish a diversion program.

HB5298
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LRB104 18286 RLC 31726 b
1

The program shall provide a structured environment for
2

selected technical parole or mandatory supervised release
3

violators and committed persons who have violated the
4

rules governing their conduct while in work release. This
5

program shall not apply to those persons who have
6

committed a new offense while serving on parole or
7

mandatory supervised release or while committed to work
8

release.
9

Elements of the program shall include, but shall not
10

be limited to, the following:
11

(1) The staff of a diversion facility shall
12

provide supervision in accordance with required
13

objectives set by the facility.
14

(2) Participants shall be required to maintain
15

employment.
16

(3) Each participant shall pay for room and board
17

at the facility on a sliding-scale basis according to
18

the participant's income.
19

(4) Each participant shall:
20

(A) provide restitution to victims in
21

accordance with any court order;
22

(B) provide financial support to his
23

dependents; and
24

(C) make appropriate payments toward any other
25

court-ordered obligations.
26

(5) Each participant shall complete community

HB5298
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LRB104 18286 RLC 31726 b
1

service in addition to employment.
2

(6) Participants shall take part in such
3

counseling, educational, and other programs as the
4

Department may deem appropriate.
5

(7) Participants shall submit to drug and alcohol
6

screening.
7

(8) The Department shall promulgate rules
8

governing the administration of the program.
9

(r) To enter into intergovernmental cooperation
10

agreements under which persons in the custody of the
11

Department may participate in a county impact
12

incarceration program established under Section 3-6038 or
13

3-15003.5 of the Counties Code.
14

(r-5) (Blank).
15

(r-10) To systematically and routinely identify with
16

respect to each streetgang active within the correctional
17

system: (1) each active gang; (2) every existing
18

inter-gang affiliation or alliance; and (3) the current
19

leaders in each gang. The Department shall promptly
20

segregate leaders from inmates who belong to their gangs
21

and allied gangs. "Segregate" means no physical contact
22

and, to the extent possible under the conditions and space
23

available at the correctional facility, prohibition of
24

visual and sound communication. For the purposes of this
25

paragraph (r-10), "leaders" means persons who:
26

(i) are members of a criminal streetgang;

HB5298
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LRB104 18286 RLC 31726 b
1

(ii) with respect to other individuals within the
2

streetgang, occupy a position of organizer,
3

supervisor, or other position of management or
4

leadership; and
5

(iii) are actively and personally engaged in
6

directing, ordering, authorizing, or requesting
7

commission of criminal acts by others, which are
8

punishable as a felony, in furtherance of streetgang
9

related activity both within and outside of the
10

Department of Corrections.
11

"Streetgang", "gang", and "streetgang related" have the
12

meanings ascribed to them in Section 10 of the Illinois
13

Streetgang Terrorism Omnibus Prevention Act.
14

(s) To operate a super-maximum security institution,
15

in order to manage and supervise inmates who are
16

disruptive or dangerous and provide for the safety and
17

security of the staff and the other inmates.
18

(t) To monitor any unprivileged conversation or any
19

unprivileged communication, whether in person or by mail,
20

telephone, or other means, between an inmate who, before
21

commitment to the Department, was a member of an organized
22

gang and any other person without the need to show cause or
23

satisfy any other requirement of law before beginning the
24

monitoring, except as constitutionally required. The
25

monitoring may be by video, voice, or other method of
26

recording or by any other means. As used in this

HB5298
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LRB104 18286 RLC 31726 b
1

subdivision (1)(t), "organized gang" has the meaning
2

ascribed to it in Section 10 of the Illinois Streetgang
3

Terrorism Omnibus Prevention Act.
4

As used in this subdivision (1)(t), "unprivileged
5

conversation" or "unprivileged communication" means a
6

conversation or communication that is not protected by any
7

privilege recognized by law or by decision, rule, or order
8

of the Illinois Supreme Court.
9

(u) To establish a Women's and Children's Pre-release
10

Community Supervision Program for the purpose of providing
11

housing and services to eligible female inmates, as
12

determined by the Department, and their newborn and young
13

children.
14

(u-5) To issue an order, whenever a person committed
15

to the Department absconds or absents himself or herself,
16

without authority to do so, from any facility or program
17

to which he or she is assigned. The order shall be
18

certified by the Director, the Supervisor of the
19

Apprehension Unit, or any person duly designated by the
20

Director, with the seal of the Department affixed. The
21

order shall be directed to all sheriffs, coroners, and
22

police officers, or to any particular person named in the
23

order. Any order issued pursuant to this subdivision
24

(1)(u-5) shall be sufficient warrant for the officer or
25

person named in the order to arrest and deliver the
26

committed person to the proper correctional officials and

HB5298
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LRB104 18286 RLC 31726 b
1

shall be executed the same as criminal process.
2

(u-6) To appoint a point of contact person who shall
3

receive suggestions, complaints, or other requests to the
4

Department from visitors to Department institutions or
5

facilities and from other members of the public.
6

(u-7) To collaborate with the Department of Human
7

Services and other State agencies to develop and implement
8

screening and follow-up protocols for intake and reentry
9

personnel and contractors on identification and response
10

to Department-involved individuals who demonstrate
11

indications of past labor or sex trafficking
12

victimization, criminal sexual exploitation or a history
13

of involvement in the sex trade that may put them at risk
14

of human trafficking. Protocols should include assessment
15

and provision of pre-release and post-release housing,
16

legal, medical, mental health and substance-use disorder
17

treatment services and recognize the specialized needs of
18

victims of human trafficking.
19

(u-8) To provide statewide training for Department of
20

Corrections intake and reentry personnel and contractors
21

on identification and response to Department-involved
22

individuals who demonstrate indications of past
23

trafficking victimization or child sexual exploitation
24

that put them at risk of human trafficking.
25

(u-9) To offer access to specialized services for
26

Department-involved individuals within the care that

HB5298
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LRB104 18286 RLC 31726 b
1

demonstrate indications of past trafficking victimization
2

or child sexual exploitation that put them at risk of
3

trafficking. As used in this subsection, "specialized
4

services" means
substance use

substance-use
disorder,
5

mental health, medical, case-management, housing, and
6

other support services by Department employees or
7

contractors who have completed victim-centered,
8

trauma-informed training specifically designed to address
9

the complex psychological
and
or physical needs of victims
10

of human trafficking, sexual exploitation, or a history of
11

involvement with the sex trade.
12

(u-10) To submit an annual report to the Governor and
13

General Assembly containing the information provided in
14

Section 3-2-2.5.

15

(v) To do all other acts necessary to carry out the
16

provisions of this Chapter.
17

(2) The Department of Corrections shall by January 1,
18
1998, consider building and operating a correctional facility
19
within 100 miles of a county of over 2,000,000 inhabitants,
20
especially a facility designed to house juvenile participants
21
in the impact incarceration program.
22

(3) When the Department lets bids for contracts for
23
medical services to be provided to persons committed to
24
Department facilities by a health maintenance organization,
25
medical service corporation, or other health care provider,
26
the bid may only be let to a health care provider that has

HB5298
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LRB104 18286 RLC 31726 b
1
obtained an irrevocable letter of credit or performance bond
2
issued by a company whose bonds have an investment grade or
3
higher rating by a bond rating organization.
4

(3.5) If the Department has a contract with a pharmacy
5
benefit manager or a contract with an insurance company,
6
health maintenance organization, limited health service
7
organization, administrative services organization, or any
8
other managed care entity or health insurance issuer where a
9
pharmacy benefit manager administers the provider's coverage
10
of, payment for, or formulary design for drugs necessary to
11
safeguard the minor's life or health, the contract with the
12
pharmacy benefit manager and the pharmacy benefit manager's
13
activities shall be subject to Article XXXIIB of the Illinois
14
Insurance Code and the authority of the Director of Insurance
15
to enforce those provisions. The provider shall have all the
16
rights of a plan sponsor under those provisions.
17

(4) When the Department lets bids for contracts for food
18
or commissary services to be provided to Department
19
facilities, the bid may only be let to a food or commissary
20
services provider that has obtained an irrevocable letter of
21
credit or performance bond issued by a company whose bonds
22
have an investment grade or higher rating by a bond rating
23
organization.
24

(5) On and after the date 6 months after August 16, 2013
25
(the effective date of Public Act 98-488), as provided in the
26
Executive Order 1 (2012) Implementation Act, all of the

HB5298
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LRB104 18286 RLC 31726 b
1
powers, duties, rights, and responsibilities related to State
2
healthcare purchasing under this Code that were transferred
3
from the Department of Corrections to the Department of
4
Healthcare and Family Services by Executive Order 3 (2005) are
5
transferred back to the Department of Corrections; however,
6
powers, duties, rights, and responsibilities related to State
7
healthcare purchasing under this Code that were exercised by
8
the Department of Corrections before the effective date of
9
Executive Order 3 (2005) but that pertain to individuals
10
resident in facilities operated by the Department of Juvenile
11
Justice are transferred to the Department of Juvenile Justice.
12

(6) The Department of Corrections shall provide lactation
13
or nursing mothers rooms for personnel of the Department. The
14
rooms shall be provided in each facility of the Department
15
that employs nursing mothers. Each individual lactation room
16
must:
17

(i) contain doors that lock;
18

(ii) have an "Occupied" sign for each door;
19

(iii) contain electrical outlets for plugging in
20

breast pumps;
21

(iv) have sufficient lighting and ventilation;
22

(v) contain comfortable chairs;
23

(vi) contain a countertop or table for all necessary
24

supplies for lactation;
25

(vii) contain a wastebasket and chemical cleaners to
26

wash one's hands and to clean the surfaces of the

HB5298
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LRB104 18286 RLC 31726 b
1

countertop or table;
2

(viii) have a functional sink;
3

(ix) have a minimum of one refrigerator for storage of
4

the breast milk; and
5

(x) receive routine daily maintenance.
6
(Source: P.A. 103-834, eff. 1-1-25; 104-27, eff. 1-1-26;
7
104-159, eff. 1-1-26; revised 11-21-25.)

8

(730 ILCS 5/3-2-2.5 new)
9

Sec. 3-2-2.5.
Annual report of the Department of
10
Corrections to the Governor and General Assembly.
The annual
11
report of the Director of Corrections to the Governor and
12
General Assembly shall contain:

13

(1) the number of students aged 18 or older, but younger
14
than 22, who are enrolled in the High School Diploma Program
15
operating in Department of Corrections facilities during the
16
preceding school year, listed by correctional facility;
17

(2) the total number of special education students aged 18
18
or older, but younger than 22, who are enrolled in the High
19
School Diploma Program during the preceding school year,
20
listed by correctional facility;
21

(3) the number of students aged 18 or older, but younger
22
than 22, who had individualized education program meetings and
23
were enrolled in the High School Diploma Program during the
24
preceding school year, listed by correctional facility;
25

(4) the number of students aged 18 or older, but younger

HB5298
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1
than 22, who had special education evaluations completed and
2
were enrolled in the High School Diploma Program during the
3
preceding school year, listed by correctional facility;
4

(5) the number of students aged 18 or older, but younger
5
than 22, who had functional behavior analyses completed and
6
were enrolled in the High School Diploma Program during the
7
preceding school year, listed by correctional facility;
8

(6) the number of employees currently employed in the High
9
School Diploma Program and their titles and credentials;
10

(7) the number of Department of Juvenile Justice employees
11
in non-teaching positions working in the High School Diploma
12
Program and their titles and credentials;
13

(8) the number of students aged 18 or older, but younger
14
than 22, who have graduated from the High School Diploma
15
Program in the preceding school year, listed by correctional
16
facility;
17

(9) the daily schedule for the High School Diploma Program
18
for the preceding school year, listed by correctional
19
facility;
20

(10) the number of students aged 18 or older, but younger
21
than 22, who are enrolled in the High School Diploma Program
22
and are provided with speech language therapy services as
23
required by their individual educational plans, listed by
24
correctional facility;
25

(11) the number of students aged 18 or older, but younger
26
than 22, who are enrolled in the High School Diploma Program

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1
and are provided with social work services as required by
2
their individual educational plans, listed by correctional
3
facility;
4

(12) the number of students aged 18 or older, but younger
5
than 22, who are enrolled in the High School Diploma Program
6
and are provided with speech language therapy services as
7
required by their individual educational plans, listed by
8
facility;

9

(13) the average length of time between the admission date
10
and the first day of High School Diploma Program attendance
11
for special education eligible students, ranging from shortest
12
length of time to longest length of time;
13

(14) the number of special education eligible students who
14
did not attend the High School Diploma Program during the
15
preceding school year, listed by:
16

(A) students aged 18 or older, but younger than 22,
17

who opted out of the High School Diploma Program and the
18

reasons they identified for opting out;
19

(B) students aged 18 or older, but younger than 22,
20

who did not receive placement in the High School Diploma
21

Program because of lack of space or available capacity in
22

the Program;
23

(C) students aged 18 or older, but younger than 22,
24

who were not permitted to attend because of behavioral
25

issues, restrictive housing, a medical illness or
26

condition, admission to a residential treatment unit, or a

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1

mental health issue; and
2

(D) students aged 18 or older, but younger than 22,
3

who were housed in a correctional facility without a High
4

School Diploma Program and were not able to transfer;
5

(15) the number of days the High School Diploma Program
6
was cancelled during the preceding school year, listed by
7
correctional facility and by reason for the cancellation;
8

(16) the number of High School Diploma Program students
9
who did not complete the program prior to graduation during
10
the preceding school year, listed by correctional facility;
11

(17) the number of students aged 18 or older, but younger
12
than 22, who revoked special education rights during the
13
preceding school year, listed by oral revocation versus
14
written revocation;
15

(18) the number of mediations held by the Department of
16
Juvenile Justice School District for individuals in Department
17
of Corrections custody during the preceding school year;
18

(19) the number of due process hearings held by the
19
Department of Juvenile Justice School District for individuals
20
in Department of Corrections custody during the preceding
21
school year;
22

(20) the number of students aged 18 or older, but younger
23
than 22, who are enrolled in the High School Diploma Program
24
and are provided with occupational therapy services as
25
required by their individual educational plans, listed by
26
correctional facility;

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1

(21) the number of students aged 18 or older, but younger
2
than 22, who are enrolled in the High School Diploma Program
3
and are provided with physical therapy services as required by
4
their individual educational plans, listed by correctional
5
facility; and
6

(22) the number of students aged 18 or older, but younger
7
than 22, who are enrolled in the High School Diploma Program
8
and are provided with nursing services as required by their
9
individual educational plans, listed by correctional facility.

10

(730 ILCS 5/3-2.5-61)
11

Sec. 3-2.5-61.
Annual and other reports.
12

(a) The Director shall make an annual electronic report to
13
the Governor and General Assembly concerning persons committed
14
to the Department, its institutions, facilities, and programs,
15
of all moneys expended and received, and on what accounts
16
expended and received no later than January 1 of each year. The
17
report shall include the ethnic and racial background data,
18
not identifiable to an individual, of all persons committed to
19
the Department, its institutions, facilities, programs, and
20
outcome measures established with the Juvenile Advisory Board.
21

(b) The Department of Juvenile Justice shall, by January
22
1, April 1, July 1, and October 1 of each year, electronically
23
transmit to the Governor and General Assembly, a report which
24
shall include the following information:
25

(1) the number of youth in each of the Department's

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1

facilities and the number of youth on aftercare;
2

(2) the demographics of sex, age, race and ethnicity,
3

classification of offense, and geographic location where
4

the offense occurred;
5

(3) the educational and vocational programs provided
6

at each facility and the number of residents participating
7

in each program;
8

(4) the present capacity levels in each facility;
9

(5) staff-to-youth ratios in accordance with the
10

federal Prison Rape Elimination Act (PREA) definitions;
11

(6) the number of reported assaults on staff at each
12

facility;
13

(7) the number of reported incidents of youth sexual
14

aggression towards staff at each facility including sexual
15

assault, residents exposing themselves, sexual touching,
16

and sexually offensive harassing language such as repeated
17

and unwelcome sexual advances, requests for sexual favors,
18

or verbal comments, gestures, or actions of a derogatory
19

or offensive sexual nature; and
20

(8) the number of staff injuries resulting from youth
21

violence at each facility including descriptions of the
22

nature and location of the injuries, the number of staff
23

injuries requiring medical treatment at the facility, the
24

number of staff injuries requiring outside medical
25

treatment and the number of days off work per injury. For
26

purposes of this Section, the definition of assault on

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1

staff includes, but is not limited to, kicking, punching,
2

knocking down, harming or threatening to harm with
3

improvised weapons, or throwing urine or feces at staff.
4

(c) The requirements in subsection (b) do not relieve the
5
Department from the recordkeeping requirements of the
6
Occupational Safety and Health Act.
7

(c-1) The Director of Juvenile Justice shall assist the
8
Director of Corrections in preparing the annual report
9
submitted by the Director of Corrections under Section
10
3-2-2.5. The annual report submitted under this Section shall
11
contain the information required under Section 3-2-2.5 but
12
only pertaining to persons aged 18 or older, but younger than
13
22, who are in the custody of the Department of Corrections and
14
are transferred to Department of Juvenile Justice facilities
15
under Section 3-9-2.1 to participate in emerging adult
16
programs.

17

(d) The Department shall:
18

(1) establish a reasonable procedure for employees to
19

report work-related assaults and injuries. A procedure is
20

not reasonable if it would deter or discourage a
21

reasonable employee from accurately reporting a workplace
22

assault or injury;
23

(2) inform each employee:
24

(A) of the procedure for reporting work-related
25

assaults and injuries;
26

(B) of the right to report work-related assaults

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LRB104 18286 RLC 31726 b
1

and injuries; and
2

(C) that the Department is prohibited from
3

discharging or in any manner discriminating against
4

employees for reporting work-related assaults and
5

injuries; and
6

(3) not discharge, discipline or in any manner
7

discriminate against any employee for reporting a
8

work-related assault or injury.
9

(e) For the purposes of paragraphs (7) and (8) of
10
subsection (b) only, reports shall be filed beginning July 1,
11
2019 or the implementation of the Department's Offender 360
12
Program, whichever occurs first.
13
(Source: P.A. 100-1075, eff. 1-1-19; 101-159, eff. 1-1-20
.)

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