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SB2812 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2812
Introduced 1/13/2026, by Sen. Mike Simmons
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-2-2
Amends the Unified Code of Corrections. Provides that when the
Department of Corrections enters into a contract with a tablet vendor to
provide committed persons with content-controlled tablets that are
equipped with free and fee-based technology services for, but not limited
to, accessing scanned mail, making authorized video calls, and viewing
movies, books, or other authorized materials, the contract must provide
that the tablet vendor shall remit to the Department an amount equal to 10%
of the profits derived from any fees collected from the committed persons
for the use of the fee-based technology services. Provides that the
requirements of the provision shall apply to contracts entered into on or
after the effective date of the amendatory Act.
LRB104 16956 RLC 30370 b
A BILL FOR
SB2812
LRB104 16956 RLC 30370 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 Section 3-2-2 as follows:
6
(730 ILCS 5/3-2-2)
7
Sec. 3-2-2.
Powers and duties of the Department.
8
(1) In addition to the powers, duties, and
9
responsibilities which are otherwise provided by law, the
10
Department shall have the following powers:
11
(a) To accept persons committed to it by the courts of
12
this State for care, custody, treatment, and
13
rehabilitation, and to accept federal prisoners and
14
noncitizens over whom the Office of the Federal Detention
15
Trustee is authorized to exercise the federal detention
16
function for limited purposes and periods of time.
17
(b) To develop and maintain reception and evaluation
18
units for purposes of analyzing the custody and
19
rehabilitation needs of persons committed to it and to
20
assign such persons to institutions and programs under its
21
control or transfer them to other appropriate agencies. In
22
consultation with the Department of Alcoholism and
23
Substance Abuse (now the Department of Human Services),
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1
the Department of Corrections shall develop a master plan
2
for the screening and evaluation of persons committed to
3
its custody who have alcohol or drug abuse problems, and
4
for making appropriate treatment available to such
5
persons; the Department shall report to the General
6
Assembly on such plan not later than April 1, 1987. The
7
maintenance and implementation of such plan shall be
8
contingent upon the availability of funds.
9
(b-1) To create and implement, on January 1, 2002, a
10
pilot program to establish the effectiveness of
11
pupillometer technology (the measurement of the pupil's
12
reaction to light) as an alternative to a urine test for
13
purposes of screening and evaluating persons committed to
14
its custody who have alcohol or drug problems. The pilot
15
program shall require the pupillometer technology to be
16
used in at least one Department of Corrections facility.
17
The Director may expand the pilot program to include an
18
additional facility or facilities as he or she deems
19
appropriate. A minimum of 4,000 tests shall be included in
20
the pilot program. The Department must report to the
21
General Assembly on the effectiveness of the program by
22
January 1, 2003.
23
(b-5) To develop, in consultation with the Illinois
24
State Police, a program for tracking and evaluating each
25
inmate from commitment through release for recording his
26
or her gang affiliations, activities, or ranks.
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LRB104 16956 RLC 30370 b
1
(c) To maintain and administer all State correctional
2
institutions and facilities under its control and to
3
establish new ones as needed. Pursuant to its power to
4
establish new institutions and facilities, the Department
5
may, with the written approval of the Governor, authorize
6
the Department of Central Management Services to enter
7
into an agreement of the type described in subsection (d)
8
of Section 405-300 of the Department of Central Management
9
Services Law. The Department shall designate those
10
institutions which shall constitute the State Penitentiary
11
System. The Department of Juvenile Justice shall maintain
12
and administer all State youth centers pursuant to
13
subsection (d) of Section 3-2.5-20.
14
Pursuant to its power to establish new institutions
15
and facilities, the Department may authorize the
16
Department of Central Management Services to accept bids
17
from counties and municipalities for the construction,
18
remodeling, or conversion of a structure to be leased to
19
the Department of Corrections for the purposes of its
20
serving as a correctional institution or facility. Such
21
construction, remodeling, or conversion may be financed
22
with revenue bonds issued pursuant to the Industrial
23
Building Revenue Bond Act by the municipality or county.
24
The lease specified in a bid shall be for a term of not
25
less than the time needed to retire any revenue bonds used
26
to finance the project, but not to exceed 40 years. The
SB2812
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1
lease may grant to the State the option to purchase the
2
structure outright.
3
Upon receipt of the bids, the Department may certify
4
one or more of the bids and shall submit any such bids to
5
the General Assembly for approval. Upon approval of a bid
6
by a constitutional majority of both houses of the General
7
Assembly, pursuant to joint resolution, the Department of
8
Central Management Services may enter into an agreement
9
with the county or municipality pursuant to such bid.
10
(c-5) To build and maintain regional juvenile
11
detention centers and to charge a per diem to the counties
12
as established by the Department to defray the costs of
13
housing each minor in a center. In this subsection (c-5),
14
"juvenile detention center" means a facility to house
15
minors during pendency of trial who have been transferred
16
from proceedings under the Juvenile Court Act of 1987 to
17
prosecutions under the criminal laws of this State in
18
accordance with Section 5-805 of the Juvenile Court Act of
19
1987, whether the transfer was by operation of law or
20
permissive under that Section. The Department shall
21
designate the counties to be served by each regional
22
juvenile detention center.
23
(d) To develop and maintain programs of control,
24
rehabilitation, and employment of committed persons within
25
its institutions.
26
(d-5) To provide a pre-release job preparation program
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1
for inmates at Illinois adult correctional centers.
2
(d-10) To provide educational and visitation
3
opportunities to committed persons within its institutions
4
through temporary access to content-controlled tablets
5
that may be provided as a privilege to committed persons
6
to induce or reward compliance.
7
(e) To establish a system of supervision and guidance
8
of committed persons in the community.
9
(f) To establish in cooperation with the Department of
10
Transportation to supply a sufficient number of prisoners
11
for use by the Department of Transportation to clean up
12
the trash and garbage along State, county, township, or
13
municipal highways as designated by the Department of
14
Transportation. The Department of Corrections, at the
15
request of the Department of Transportation, shall furnish
16
such prisoners at least annually for a period to be agreed
17
upon between the Director of Corrections and the Secretary
18
of Transportation. The prisoners used on this program
19
shall be selected by the Director of Corrections on
20
whatever basis he deems proper in consideration of their
21
term, behavior and earned eligibility to participate in
22
such program - where they will be outside of the prison
23
facility but still in the custody of the Department of
24
Corrections. Prisoners convicted of first degree murder,
25
or a Class X felony, or armed violence, or aggravated
26
kidnapping, or criminal sexual assault, aggravated
SB2812
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LRB104 16956 RLC 30370 b
1
criminal sexual abuse or a subsequent conviction for
2
criminal sexual abuse, or forcible detention, or arson, or
3
a prisoner adjudged a Habitual Criminal shall not be
4
eligible for selection to participate in such program. The
5
prisoners shall remain as prisoners in the custody of the
6
Department of Corrections and such Department shall
7
furnish whatever security is necessary. The Department of
8
Transportation shall furnish trucks and equipment for the
9
highway cleanup program and personnel to supervise and
10
direct the program. Neither the Department of Corrections
11
nor the Department of Transportation shall replace any
12
regular employee with a prisoner.
13
(g) To maintain records of persons committed to it and
14
to establish programs of research, statistics, and
15
planning.
16
(h) To investigate the grievances of any person
17
committed to the Department and to inquire into any
18
alleged misconduct by employees or committed persons; and
19
for these purposes it may issue subpoenas and compel the
20
attendance of witnesses and the production of writings and
21
papers, and may examine under oath any witnesses who may
22
appear before it; to also investigate alleged violations
23
of a parolee's or releasee's conditions of parole or
24
release; and for this purpose it may issue subpoenas and
25
compel the attendance of witnesses and the production of
26
documents only if there is reason to believe that such
SB2812
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LRB104 16956 RLC 30370 b
1
procedures would provide evidence that such violations
2
have occurred.
3
If any person fails to obey a subpoena issued under
4
this subsection, the Director may apply to any circuit
5
court to secure compliance with the subpoena. The failure
6
to comply with the order of the court issued in response
7
thereto shall be punishable as contempt of court.
8
(i) To appoint and remove the chief administrative
9
officers, and administer programs of training and
10
development of personnel of the Department. Personnel
11
assigned by the Department to be responsible for the
12
custody and control of committed persons or to investigate
13
the alleged misconduct of committed persons or employees
14
or alleged violations of a parolee's or releasee's
15
conditions of parole shall be conservators of the peace
16
for those purposes, and shall have the full power of peace
17
officers outside of the facilities of the Department in
18
the protection, arrest, retaking, and reconfining of
19
committed persons or where the exercise of such power is
20
necessary to the investigation of such misconduct or
21
violations. This subsection shall not apply to persons
22
committed to the Department of Juvenile Justice under the
23
Juvenile Court Act of 1987 on aftercare release.
24
(j) To cooperate with other departments and agencies
25
and with local communities for the development of
26
standards and programs for better correctional services in
SB2812
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LRB104 16956 RLC 30370 b
1
this State.
2
(k) To administer all moneys and properties of the
3
Department.
4
(l) To report annually to the Governor on the
5
committed persons, institutions, and programs of the
6
Department.
7
(l-5) (Blank).
8
(m) To make all rules and regulations and exercise all
9
powers and duties vested by law in the Department.
10
(n) To establish rules and regulations for
11
administering a system of sentence credits, established in
12
accordance with Section 3-6-3, subject to review by the
13
Prisoner Review Board.
14
(o) To administer the distribution of funds from the
15
State Treasury to reimburse counties where State penal
16
institutions are located for the payment of assistant
17
state's attorneys' salaries under Section 4-2001 of the
18
Counties Code.
19
(p) To exchange information with the Department of
20
Human Services and the Department of Healthcare and Family
21
Services for the purpose of verifying living arrangements
22
and for other purposes directly connected with the
23
administration of this Code and the Illinois Public Aid
24
Code.
25
(q) To establish a diversion program.
26
The program shall provide a structured environment for
SB2812
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LRB104 16956 RLC 30370 b
1
selected technical parole or mandatory supervised release
2
violators and committed persons who have violated the
3
rules governing their conduct while in work release. This
4
program shall not apply to those persons who have
5
committed a new offense while serving on parole or
6
mandatory supervised release or while committed to work
7
release.
8
Elements of the program shall include, but shall not
9
be limited to, the following:
10
(1) The staff of a diversion facility shall
11
provide supervision in accordance with required
12
objectives set by the facility.
13
(2) Participants shall be required to maintain
14
employment.
15
(3) Each participant shall pay for room and board
16
at the facility on a sliding-scale basis according to
17
the participant's income.
18
(4) Each participant shall:
19
(A) provide restitution to victims in
20
accordance with any court order;
21
(B) provide financial support to his
22
dependents; and
23
(C) make appropriate payments toward any other
24
court-ordered obligations.
25
(5) Each participant shall complete community
26
service in addition to employment.
SB2812
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LRB104 16956 RLC 30370 b
1
(6) Participants shall take part in such
2
counseling, educational, and other programs as the
3
Department may deem appropriate.
4
(7) Participants shall submit to drug and alcohol
5
screening.
6
(8) The Department shall promulgate rules
7
governing the administration of the program.
8
(r) To enter into intergovernmental cooperation
9
agreements under which persons in the custody of the
10
Department may participate in a county impact
11
incarceration program established under Section 3-6038 or
12
3-15003.5 of the Counties Code.
13
(r-5) (Blank).
14
(r-10) To systematically and routinely identify with
15
respect to each streetgang active within the correctional
16
system: (1) each active gang; (2) every existing
17
inter-gang affiliation or alliance; and (3) the current
18
leaders in each gang. The Department shall promptly
19
segregate leaders from inmates who belong to their gangs
20
and allied gangs. "Segregate" means no physical contact
21
and, to the extent possible under the conditions and space
22
available at the correctional facility, prohibition of
23
visual and sound communication. For the purposes of this
24
paragraph (r-10), "leaders" means persons who:
25
(i) are members of a criminal streetgang;
26
(ii) with respect to other individuals within the
SB2812
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LRB104 16956 RLC 30370 b
1
streetgang, occupy a position of organizer,
2
supervisor, or other position of management or
3
leadership; and
4
(iii) are actively and personally engaged in
5
directing, ordering, authorizing, or requesting
6
commission of criminal acts by others, which are
7
punishable as a felony, in furtherance of streetgang
8
related activity both within and outside of the
9
Department of Corrections.
10
"Streetgang", "gang", and "streetgang related" have the
11
meanings ascribed to them in Section 10 of the Illinois
12
Streetgang Terrorism Omnibus Prevention Act.
13
(s) To operate a super-maximum security institution,
14
in order to manage and supervise inmates who are
15
disruptive or dangerous and provide for the safety and
16
security of the staff and the other inmates.
17
(t) To monitor any unprivileged conversation or any
18
unprivileged communication, whether in person or by mail,
19
telephone, or other means, between an inmate who, before
20
commitment to the Department, was a member of an organized
21
gang and any other person without the need to show cause or
22
satisfy any other requirement of law before beginning the
23
monitoring, except as constitutionally required. The
24
monitoring may be by video, voice, or other method of
25
recording or by any other means. As used in this
26
subdivision (1)(t), "organized gang" has the meaning
SB2812
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LRB104 16956 RLC 30370 b
1
ascribed to it in Section 10 of the Illinois Streetgang
2
Terrorism Omnibus Prevention Act.
3
As used in this subdivision (1)(t), "unprivileged
4
conversation" or "unprivileged communication" means a
5
conversation or communication that is not protected by any
6
privilege recognized by law or by decision, rule, or order
7
of the Illinois Supreme Court.
8
(u) To establish a Women's and Children's Pre-release
9
Community Supervision Program for the purpose of providing
10
housing and services to eligible female inmates, as
11
determined by the Department, and their newborn and young
12
children.
13
(u-5) To issue an order, whenever a person committed
14
to the Department absconds or absents himself or herself,
15
without authority to do so, from any facility or program
16
to which he or she is assigned. The order shall be
17
certified by the Director, the Supervisor of the
18
Apprehension Unit, or any person duly designated by the
19
Director, with the seal of the Department affixed. The
20
order shall be directed to all sheriffs, coroners, and
21
police officers, or to any particular person named in the
22
order. Any order issued pursuant to this subdivision
23
(1)(u-5) shall be sufficient warrant for the officer or
24
person named in the order to arrest and deliver the
25
committed person to the proper correctional officials and
26
shall be executed the same as criminal process.
SB2812
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LRB104 16956 RLC 30370 b
1
(u-6) To appoint a point of contact person who shall
2
receive suggestions, complaints, or other requests to the
3
Department from visitors to Department institutions or
4
facilities and from other members of the public.
5
(u-7) To collaborate with the Department of Human
6
Services and other State agencies to develop and implement
7
screening and follow-up protocols for intake and reentry
8
personnel and contractors on identification and response
9
to Department-involved individuals who demonstrate
10
indications of past labor or sex trafficking
11
victimization, criminal sexual exploitation or a history
12
of involvement in the sex trade that may put them at risk
13
of human trafficking. Protocols should include assessment
14
and provision of pre-release and post-release housing,
15
legal, medical, mental health and substance-use disorder
16
treatment services and recognize the specialized needs of
17
victims of human trafficking.
18
(u-8) To provide statewide training for Department of
19
Corrections intake and reentry personnel and contractors
20
on identification and response to Department-involved
21
individuals who demonstrate indications of past
22
trafficking victimization or child sexual exploitation
23
that put them at risk of human trafficking.
24
(u-9) To offer access to specialized services for
25
Department-involved individuals within the care that
26
demonstrate indications of past trafficking victimization
SB2812
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LRB104 16956 RLC 30370 b
1
or child sexual exploitation that put them at risk of
2
trafficking. As used in this subsection, "specialized
3
services" means
substance use
substance-use
disorder,
4
mental health, medical, case-management, housing, and
5
other support services by Department employees or
6
contractors who have completed victim-centered,
7
trauma-informed training specifically designed to address
8
the complex psychological
and
or physical needs of victims
9
of human trafficking, sexual exploitation, or a history of
10
involvement with the sex trade.
11
(v) To do all other acts necessary to carry out the
12
provisions of this Chapter.
13
(2) The Department of Corrections shall by January 1,
14
1998, consider building and operating a correctional facility
15
within 100 miles of a county of over 2,000,000 inhabitants,
16
especially a facility designed to house juvenile participants
17
in the impact incarceration program.
18
(3) When the Department lets bids for contracts for
19
medical services to be provided to persons committed to
20
Department facilities by a health maintenance organization,
21
medical service corporation, or other health care provider,
22
the bid may only be let to a health care provider that has
23
obtained an irrevocable letter of credit or performance bond
24
issued by a company whose bonds have an investment grade or
25
higher rating by a bond rating organization.
26
(3.5) If the Department has a contract with a pharmacy
SB2812
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LRB104 16956 RLC 30370 b
1
benefit manager or a contract with an insurance company,
2
health maintenance organization, limited health service
3
organization, administrative services organization, or any
4
other managed care entity or health insurance issuer where a
5
pharmacy benefit manager administers the provider's coverage
6
of, payment for, or formulary design for drugs necessary to
7
safeguard the minor's life or health, the contract with the
8
pharmacy benefit manager and the pharmacy benefit manager's
9
activities shall be subject to Article XXXIIB of the Illinois
10
Insurance Code and the authority of the Director of Insurance
11
to enforce those provisions. The provider shall have all the
12
rights of a plan sponsor under those provisions.
13
(4) When the Department lets bids for contracts for food
14
or commissary services to be provided to Department
15
facilities, the bid may only be let to a food or commissary
16
services provider that has obtained an irrevocable letter of
17
credit or performance bond issued by a company whose bonds
18
have an investment grade or higher rating by a bond rating
19
organization.
20
(5) On and after the date 6 months after August 16, 2013
21
(the effective date of Public Act 98-488), as provided in the
22
Executive Order 1 (2012) Implementation Act, all of the
23
powers, duties, rights, and responsibilities related to State
24
healthcare purchasing under this Code that were transferred
25
from the Department of Corrections to the Department of
26
Healthcare and Family Services by Executive Order 3 (2005) are
SB2812
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LRB104 16956 RLC 30370 b
1
transferred back to the Department of Corrections; however,
2
powers, duties, rights, and responsibilities related to State
3
healthcare purchasing under this Code that were exercised by
4
the Department of Corrections before the effective date of
5
Executive Order 3 (2005) but that pertain to individuals
6
resident in facilities operated by the Department of Juvenile
7
Justice are transferred to the Department of Juvenile Justice.
8
(6) The Department of Corrections shall provide lactation
9
or nursing mothers rooms for personnel of the Department. The
10
rooms shall be provided in each facility of the Department
11
that employs nursing mothers. Each individual lactation room
12
must:
13
(i) contain doors that lock;
14
(ii) have an "Occupied" sign for each door;
15
(iii) contain electrical outlets for plugging in
16
breast pumps;
17
(iv) have sufficient lighting and ventilation;
18
(v) contain comfortable chairs;
19
(vi) contain a countertop or table for all necessary
20
supplies for lactation;
21
(vii) contain a wastebasket and chemical cleaners to
22
wash one's hands and to clean the surfaces of the
23
countertop or table;
24
(viii) have a functional sink;
25
(ix) have a minimum of one refrigerator for storage of
26
the breast milk; and
SB2812
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LRB104 16956 RLC 30370 b
1
(x) receive routine daily maintenance.
2
(7) When the Department of Corrections enters into a
3
contract with a tablet vendor to provide committed persons
4
with content-controlled tablets that are equipped with free
5
and fee-based technology services for, but not limited to,
6
accessing scanned mail, making authorized video calls, and
7
viewing movies, books, or other authorized materials, the
8
contract must provide that the tablet vendor shall remit to
9
the Department an amount equal to 10% of the profits derived
10
from any fees collected from the committed persons for the use
11
of the fee-based technology services. The requirements of this
12
paragraph shall apply to contracts entered into on or after
13
the effective date of this amendatory Act of the 104th General
14
Assembly.
15
16
(Source: P.A. 103-834, eff. 1-1-25; 104-27, eff. 1-1-26;
17
104-159, eff. 1-1-26; revised 11-21-25.)
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