CD CORR-LONG-ACTING INJECT MED

Illinois General Assembly - Full Text of SB3550

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3550

Introduced 2/5/2026, by Sen. Napoleon Harris, III

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-2-2

Amends the Unified Code of Corrections. Provides that the Department
of Corrections shall create and implement, beginning on January 1, 2027, a
pilot program to establish the effectiveness of long-acting injectable
medications for substance use disorders for persons committed to its
custody who have drug problems. Provides that the pilot program shall
require long-acting injectable medications for substance use disorders to
be used in at least one Department of Corrections facility. Provides that
the Director of Corrections may expand the pilot program to include an
additional facility or facilities as he or she deems appropriate. Provides
that a minimum of 4,000 administrations of long-acting injectable
medications for substance use disorders shall be included in the pilot
program. Provides that the Department must report to the General Assembly
on the effectiveness of the program on or before January 1, 2028.
LRB104 16432 RLC 29823 b

A BILL FOR

SB3550
LRB104 16432 RLC 29823 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

(Text of Section before amendment by P.A. 104-27 and
8
104-159
)
9

Sec. 3-2-2.
Powers and duties of the Department.
10

(1) In addition to the powers, duties, and
11
responsibilities which are otherwise provided by law, the
12
Department shall have the following powers:
13

(a) To accept persons committed to it by the courts of
14

this State for care, custody, treatment, and
15

rehabilitation, and to accept federal prisoners and
16

noncitizens over whom the Office of the Federal Detention
17

Trustee is authorized to exercise the federal detention
18

function for limited purposes and periods of time.
19

(b) To develop and maintain reception and evaluation
20

units for purposes of analyzing the custody and
21

rehabilitation needs of persons committed to it and to
22

assign such persons to institutions and programs under its
23

control or transfer them to other appropriate agencies. In

SB3550
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LRB104 16432 RLC 29823 b
1

consultation with the Department of Alcoholism and
2

Substance Abuse (now the Department of Human Services),
3

the Department of Corrections shall develop a master plan
4

for the screening and evaluation of persons committed to
5

its custody who have alcohol or drug abuse problems, and
6

for making appropriate treatment available to such
7

persons; the Department shall report to the General
8

Assembly on such plan not later than April 1, 1987. The
9

maintenance and implementation of such plan shall be
10

contingent upon the availability of funds.
11

(b-1) To create and implement, on January 1, 2002, a
12

pilot program to establish the effectiveness of
13

pupillometer technology (the measurement of the pupil's
14

reaction to light) as an alternative to a urine test for
15

purposes of screening and evaluating persons committed to
16

its custody who have alcohol or drug problems. The pilot
17

program shall require the pupillometer technology to be
18

used in at least one Department of Corrections facility.
19

The Director may expand the pilot program to include an
20

additional facility or facilities as he or she deems
21

appropriate. A minimum of 4,000 tests shall be included in
22

the pilot program. The Department must report to the
23

General Assembly on the effectiveness of the program by
24

January 1, 2003.
25

(b-5) To develop, in consultation with the Illinois
26

State Police, a program for tracking and evaluating each

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LRB104 16432 RLC 29823 b
1

inmate from commitment through release for recording his
2

or her gang affiliations, activities, or ranks.
3

(c) To maintain and administer all State correctional
4

institutions and facilities under its control and to
5

establish new ones as needed. Pursuant to its power to
6

establish new institutions and facilities, the Department
7

may, with the written approval of the Governor, authorize
8

the Department of Central Management Services to enter
9

into an agreement of the type described in subsection (d)
10

of Section 405-300 of the Department of Central Management
11

Services Law. The Department shall designate those
12

institutions which shall constitute the State Penitentiary
13

System. The Department of Juvenile Justice shall maintain
14

and administer all State youth centers pursuant to
15

subsection (d) of Section 3-2.5-20.
16

Pursuant to its power to establish new institutions
17

and facilities, the Department may authorize the
18

Department of Central Management Services to accept bids
19

from counties and municipalities for the construction,
20

remodeling, or conversion of a structure to be leased to
21

the Department of Corrections for the purposes of its
22

serving as a correctional institution or facility. Such
23

construction, remodeling, or conversion may be financed
24

with revenue bonds issued pursuant to the Industrial
25

Building Revenue Bond Act by the municipality or county.
26

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

SB3550
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LRB104 16432 RLC 29823 b
1

less than the time needed to retire any revenue bonds used
2

to finance the project, but not to exceed 40 years. The
3

lease may grant to the State the option to purchase the
4

structure outright.
5

Upon receipt of the bids, the Department may certify
6

one or more of the bids and shall submit any such bids to
7

the General Assembly for approval. Upon approval of a bid
8

by a constitutional majority of both houses of the General
9

Assembly, pursuant to joint resolution, the Department of
10

Central Management Services may enter into an agreement
11

with the county or municipality pursuant to such bid.
12

(c-5) To build and maintain regional juvenile
13

detention centers and to charge a per diem to the counties
14

as established by the Department to defray the costs of
15

housing each minor in a center. In this subsection (c-5),
16

"juvenile detention center" means a facility to house
17

minors during pendency of trial who have been transferred
18

from proceedings under the Juvenile Court Act of 1987 to
19

prosecutions under the criminal laws of this State in
20

accordance with Section 5-805 of the Juvenile Court Act of
21

1987, whether the transfer was by operation of law or
22

permissive under that Section. The Department shall
23

designate the counties to be served by each regional
24

juvenile detention center.
25

(d) To develop and maintain programs of control,
26

rehabilitation, and employment of committed persons within

SB3550
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LRB104 16432 RLC 29823 b
1

its institutions.
2

(d-5) To provide a pre-release job preparation program
3

for inmates at Illinois adult correctional centers.
4

(d-10) To provide educational and visitation
5

opportunities to committed persons within its institutions
6

through temporary access to content-controlled tablets
7

that may be provided as a privilege to committed persons
8

to induce or reward compliance.
9

(e) To establish a system of supervision and guidance
10

of committed persons in the community.
11

(f) To establish in cooperation with the Department of
12

Transportation to supply a sufficient number of prisoners
13

for use by the Department of Transportation to clean up
14

the trash and garbage along State, county, township, or
15

municipal highways as designated by the Department of
16

Transportation. The Department of Corrections, at the
17

request of the Department of Transportation, shall furnish
18

such prisoners at least annually for a period to be agreed
19

upon between the Director of Corrections and the Secretary
20

of Transportation. The prisoners used on this program
21

shall be selected by the Director of Corrections on
22

whatever basis he deems proper in consideration of their
23

term, behavior and earned eligibility to participate in
24

such program - where they will be outside of the prison
25

facility but still in the custody of the Department of
26

Corrections. Prisoners convicted of first degree murder,

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1

or a Class X felony, or armed violence, or aggravated
2

kidnapping, or criminal sexual assault, aggravated
3

criminal sexual abuse or a subsequent conviction for
4

criminal sexual abuse, or forcible detention, or arson, or
5

a prisoner adjudged a Habitual Criminal shall not be
6

eligible for selection to participate in such program. The
7

prisoners shall remain as prisoners in the custody of the
8

Department of Corrections and such Department shall
9

furnish whatever security is necessary. The Department of
10

Transportation shall furnish trucks and equipment for the
11

highway cleanup program and personnel to supervise and
12

direct the program. Neither the Department of Corrections
13

nor the Department of Transportation shall replace any
14

regular employee with a prisoner.
15

(g) To maintain records of persons committed to it and
16

to establish programs of research, statistics, and
17

planning.
18

(h) To investigate the grievances of any person
19

committed to the Department and to inquire into any
20

alleged misconduct by employees or committed persons; and
21

for these purposes it may issue subpoenas and compel the
22

attendance of witnesses and the production of writings and
23

papers, and may examine under oath any witnesses who may
24

appear before it; to also investigate alleged violations
25

of a parolee's or releasee's conditions of parole or
26

release; and for this purpose it may issue subpoenas and

SB3550
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LRB104 16432 RLC 29823 b
1

compel the attendance of witnesses and the production of
2

documents only if there is reason to believe that such
3

procedures would provide evidence that such violations
4

have occurred.
5

If any person fails to obey a subpoena issued under
6

this subsection, the Director may apply to any circuit
7

court to secure compliance with the subpoena. The failure
8

to comply with the order of the court issued in response
9

thereto shall be punishable as contempt of court.
10

(i) To appoint and remove the chief administrative
11

officers, and administer programs of training and
12

development of personnel of the Department. Personnel
13

assigned by the Department to be responsible for the
14

custody and control of committed persons or to investigate
15

the alleged misconduct of committed persons or employees
16

or alleged violations of a parolee's or releasee's
17

conditions of parole shall be conservators of the peace
18

for those purposes, and shall have the full power of peace
19

officers outside of the facilities of the Department in
20

the protection, arrest, retaking, and reconfining of
21

committed persons or where the exercise of such power is
22

necessary to the investigation of such misconduct or
23

violations. This subsection shall not apply to persons
24

committed to the Department of Juvenile Justice under the
25

Juvenile Court Act of 1987 on aftercare release.
26

(j) To cooperate with other departments and agencies

SB3550
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LRB104 16432 RLC 29823 b
1

and with local communities for the development of
2

standards and programs for better correctional services in
3

this State.
4

(k) To administer all moneys and properties of the
5

Department.
6

(l) To report annually to the Governor on the
7

committed persons, institutions, and programs of the
8

Department.
9

(l-5) (Blank).
10

(m) To make all rules and regulations and exercise all
11

powers and duties vested by law in the Department.
12

(n) To establish rules and regulations for
13

administering a system of sentence credits, established in
14

accordance with Section 3-6-3, subject to review by the
15

Prisoner Review Board.
16

(o) To administer the distribution of funds from the
17

State Treasury to reimburse counties where State penal
18

institutions are located for the payment of assistant
19

state's attorneys' salaries under Section 4-2001 of the
20

Counties Code.
21

(p) To exchange information with the Department of
22

Human Services and the Department of Healthcare and Family
23

Services for the purpose of verifying living arrangements
24

and for other purposes directly connected with the
25

administration of this Code and the Illinois Public Aid
26

Code.

SB3550
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LRB104 16432 RLC 29823 b
1

(q) To establish a diversion program.
2

The program shall provide a structured environment for
3

selected technical parole or mandatory supervised release
4

violators and committed persons who have violated the
5

rules governing their conduct while in work release. This
6

program shall not apply to those persons who have
7

committed a new offense while serving on parole or
8

mandatory supervised release or while committed to work
9

release.
10

Elements of the program shall include, but shall not
11

be limited to, the following:
12

(1) The staff of a diversion facility shall
13

provide supervision in accordance with required
14

objectives set by the facility.
15

(2) Participants shall be required to maintain
16

employment.
17

(3) Each participant shall pay for room and board
18

at the facility on a sliding-scale basis according to
19

the participant's income.
20

(4) Each participant shall:
21

(A) provide restitution to victims in
22

accordance with any court order;
23

(B) provide financial support to his
24

dependents; and
25

(C) make appropriate payments toward any other
26

court-ordered obligations.

SB3550
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LRB104 16432 RLC 29823 b
1

(5) Each participant shall complete community
2

service in addition to employment.
3

(6) Participants shall take part in such
4

counseling, educational, and other programs as the
5

Department may deem appropriate.
6

(7) Participants shall submit to drug and alcohol
7

screening.
8

(8) The Department shall promulgate rules
9

governing the administration of the program.
10

(r) To enter into intergovernmental cooperation
11

agreements under which persons in the custody of the
12

Department may participate in a county impact
13

incarceration program established under Section 3-6038 or
14

3-15003.5 of the Counties Code.
15

(r-5) (Blank).
16

(r-10) To systematically and routinely identify with
17

respect to each streetgang active within the correctional
18

system: (1) each active gang; (2) every existing
19

inter-gang affiliation or alliance; and (3) the current
20

leaders in each gang. The Department shall promptly
21

segregate leaders from inmates who belong to their gangs
22

and allied gangs. "Segregate" means no physical contact
23

and, to the extent possible under the conditions and space
24

available at the correctional facility, prohibition of
25

visual and sound communication. For the purposes of this
26

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

SB3550
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LRB104 16432 RLC 29823 b
1

(i) are members of a criminal streetgang;
2

(ii) with respect to other individuals within the
3

streetgang, occupy a position of organizer,
4

supervisor, or other position of management or
5

leadership; and
6

(iii) are actively and personally engaged in
7

directing, ordering, authorizing, or requesting
8

commission of criminal acts by others, which are
9

punishable as a felony, in furtherance of streetgang
10

related activity both within and outside of the
11

Department of Corrections.
12

"Streetgang", "gang", and "streetgang related" have the
13

meanings ascribed to them in Section 10 of the Illinois
14

Streetgang Terrorism Omnibus Prevention Act.
15

(s) To operate a super-maximum security institution,
16

in order to manage and supervise inmates who are
17

disruptive or dangerous and provide for the safety and
18

security of the staff and the other inmates.
19

(t) To monitor any unprivileged conversation or any
20

unprivileged communication, whether in person or by mail,
21

telephone, or other means, between an inmate who, before
22

commitment to the Department, was a member of an organized
23

gang and any other person without the need to show cause or
24

satisfy any other requirement of law before beginning the
25

monitoring, except as constitutionally required. The
26

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

SB3550
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LRB104 16432 RLC 29823 b
1

recording or by any other means. As used in this
2

subdivision (1)(t), "organized gang" has the meaning
3

ascribed to it in Section 10 of the Illinois Streetgang
4

Terrorism Omnibus Prevention Act.
5

As used in this subdivision (1)(t), "unprivileged
6

conversation" or "unprivileged communication" means a
7

conversation or communication that is not protected by any
8

privilege recognized by law or by decision, rule, or order
9

of the Illinois Supreme Court.
10

(u) To establish a Women's and Children's Pre-release
11

Community Supervision Program for the purpose of providing
12

housing and services to eligible female inmates, as
13

determined by the Department, and their newborn and young
14

children.
15

(u-5) To issue an order, whenever a person committed
16

to the Department absconds or absents himself or herself,
17

without authority to do so, from any facility or program
18

to which he or she is assigned. The order shall be
19

certified by the Director, the Supervisor of the
20

Apprehension Unit, or any person duly designated by the
21

Director, with the seal of the Department affixed. The
22

order shall be directed to all sheriffs, coroners, and
23

police officers, or to any particular person named in the
24

order. Any order issued pursuant to this subdivision
25

(1)(u-5) shall be sufficient warrant for the officer or
26

person named in the order to arrest and deliver the

SB3550
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LRB104 16432 RLC 29823 b
1

committed person to the proper correctional officials and
2

shall be executed the same as criminal process.
3

(u-6) To appoint a point of contact person who shall
4

receive suggestions, complaints, or other requests to the
5

Department from visitors to Department institutions or
6

facilities and from other members of the public.
7

(v) To do all other acts necessary to carry out the
8

provisions of this Chapter.
9

(2) The Department of Corrections shall by January 1,
10
1998, consider building and operating a correctional facility
11
within 100 miles of a county of over 2,000,000 inhabitants,
12
especially a facility designed to house juvenile participants
13
in the impact incarceration program.
14

(3) When the Department lets bids for contracts for
15
medical services to be provided to persons committed to
16
Department facilities by a health maintenance organization,
17
medical service corporation, or other health care provider,
18
the bid may only be let to a health care provider that has
19
obtained an irrevocable letter of credit or performance bond
20
issued by a company whose bonds have an investment grade or
21
higher rating by a bond rating organization.
22

(4) When the Department lets bids for contracts for food
23
or commissary services to be provided to Department
24
facilities, the bid may only be let to a food or commissary
25
services provider that has obtained an irrevocable letter of
26
credit or performance bond issued by a company whose bonds

SB3550
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LRB104 16432 RLC 29823 b
1
have an investment grade or higher rating by a bond rating
2
organization.
3

(5) On and after the date 6 months after August 16, 2013
4
(the effective date of Public Act 98-488), as provided in the
5
Executive Order 1 (2012) Implementation Act, all of the
6
powers, duties, rights, and responsibilities related to State
7
healthcare purchasing under this Code that were transferred
8
from the Department of Corrections to the Department of
9
Healthcare and Family Services by Executive Order 3 (2005) are
10
transferred back to the Department of Corrections; however,
11
powers, duties, rights, and responsibilities related to State
12
healthcare purchasing under this Code that were exercised by
13
the Department of Corrections before the effective date of
14
Executive Order 3 (2005) but that pertain to individuals
15
resident in facilities operated by the Department of Juvenile
16
Justice are transferred to the Department of Juvenile Justice.
17

(6) The Department of Corrections shall provide lactation
18
or nursing mothers rooms for personnel of the Department. The
19
rooms shall be provided in each facility of the Department
20
that employs nursing mothers. Each individual lactation room
21
must:
22

(i) contain doors that lock;
23

(ii) have an "Occupied" sign for each door;
24

(iii) contain electrical outlets for plugging in
25

breast pumps;
26

(iv) have sufficient lighting and ventilation;

SB3550
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LRB104 16432 RLC 29823 b
1

(v) contain comfortable chairs;
2

(vi) contain a countertop or table for all necessary
3

supplies for lactation;
4

(vii) contain a wastebasket and chemical cleaners to
5

wash one's hands and to clean the surfaces of the
6

countertop or table;
7

(viii) have a functional sink;
8

(ix) have a minimum of one refrigerator for storage of
9

the breast milk; and
10

(x) receive routine daily maintenance.
11
(Source: P.A. 102-350, eff. 8-13-21; 102-535, eff. 1-1-22;
12
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
13
5-27-22; 103-834, eff. 1-1-25
.)

14

(Text of Section after amendment by P.A. 104-27 and
15
104-159
)
16

Sec. 3-2-2.
Powers and duties of the Department.
17

(1) In addition to the powers, duties, and
18
responsibilities which are otherwise provided by law, the
19
Department shall have the following powers:
20

(a) To accept persons committed to it by the courts of
21

this State for care, custody, treatment, and
22

rehabilitation, and to accept federal prisoners and
23

noncitizens over whom the Office of the Federal Detention
24

Trustee is authorized to exercise the federal detention
25

function for limited purposes and periods of time.

SB3550
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LRB104 16432 RLC 29823 b
1

(b) To develop and maintain reception and evaluation
2

units for purposes of analyzing the custody and
3

rehabilitation needs of persons committed to it and to
4

assign such persons to institutions and programs under its
5

control or transfer them to other appropriate agencies. In
6

consultation with the Department of Alcoholism and
7

Substance Abuse (now the Department of Human Services),
8

the Department of Corrections shall develop a master plan
9

for the screening and evaluation of persons committed to
10

its custody who have alcohol or drug abuse problems, and
11

for making appropriate treatment available to such
12

persons; the Department shall report to the General
13

Assembly on such plan not later than April 1, 1987. The
14

maintenance and implementation of such plan shall be
15

contingent upon the availability of funds.
16

(b-1) To create and implement, on January 1, 2002, a
17

pilot program to establish the effectiveness of
18

pupillometer technology (the measurement of the pupil's
19

reaction to light) as an alternative to a urine test for
20

purposes of screening and evaluating persons committed to
21

its custody who have alcohol or drug problems. The pilot
22

program shall require the pupillometer technology to be
23

used in at least one Department of Corrections facility.
24

The Director may expand the pilot program to include an
25

additional facility or facilities as he or she deems
26

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

SB3550
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LRB104 16432 RLC 29823 b
1

the pilot program. The Department must report to the
2

General Assembly on the effectiveness of the program by
3

January 1, 2003.
4

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

State Police, a program for tracking and evaluating each
6

inmate from commitment through release for recording his
7

or her gang affiliations, activities, or ranks.
8

(b-10) To create and implement, beginning on January
9

1, 2027, a pilot program to establish the effectiveness of
10

long-acting injectable medications for substance use
11

disorders for persons committed to its custody who have
12

drug problems. The pilot program shall require long-acting
13

injectable medications for substance use disorders to be
14

used in at least one Department of Corrections facility.
15

The Director may expand the pilot program to include an
16

additional facility or facilities as he or she deems
17

appropriate. A minimum of 4,000 administrations of
18

long-acting injectable medications for substance use
19

disorders shall be included in the pilot program. The
20

Department must report to the General Assembly on the
21

effectiveness of the program on or before January 1, 2028.

22

(c) To maintain and administer all State correctional
23

institutions and facilities under its control and to
24

establish new ones as needed. Pursuant to its power to
25

establish new institutions and facilities, the Department
26

may, with the written approval of the Governor, authorize

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1

the Department of Central Management Services to enter
2

into an agreement of the type described in subsection (d)
3

of Section 405-300 of the Department of Central Management
4

Services Law. The Department shall designate those
5

institutions which shall constitute the State Penitentiary
6

System. The Department of Juvenile Justice shall maintain
7

and administer all State youth centers pursuant to
8

subsection (d) of Section 3-2.5-20.
9

Pursuant to its power to establish new institutions
10

and facilities, the Department may authorize the
11

Department of Central Management Services to accept bids
12

from counties and municipalities for the construction,
13

remodeling, or conversion of a structure to be leased to
14

the Department of Corrections for the purposes of its
15

serving as a correctional institution or facility. Such
16

construction, remodeling, or conversion may be financed
17

with revenue bonds issued pursuant to the Industrial
18

Building Revenue Bond Act by the municipality or county.
19

The lease specified in a bid shall be for a term of not
20

less than the time needed to retire any revenue bonds used
21

to finance the project, but not to exceed 40 years. The
22

lease may grant to the State the option to purchase the
23

structure outright.
24

Upon receipt of the bids, the Department may certify
25

one or more of the bids and shall submit any such bids to
26

the General Assembly for approval. Upon approval of a bid

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1

by a constitutional majority of both houses of the General
2

Assembly, pursuant to joint resolution, the Department of
3

Central Management Services may enter into an agreement
4

with the county or municipality pursuant to such bid.
5

(c-5) To build and maintain regional juvenile
6

detention centers and to charge a per diem to the counties
7

as established by the Department to defray the costs of
8

housing each minor in a center. In this subsection (c-5),
9

"juvenile detention center" means a facility to house
10

minors during pendency of trial who have been transferred
11

from proceedings under the Juvenile Court Act of 1987 to
12

prosecutions under the criminal laws of this State in
13

accordance with Section 5-805 of the Juvenile Court Act of
14

1987, whether the transfer was by operation of law or
15

permissive under that Section. The Department shall
16

designate the counties to be served by each regional
17

juvenile detention center.
18

(d) To develop and maintain programs of control,
19

rehabilitation, and employment of committed persons within
20

its institutions.
21

(d-5) To provide a pre-release job preparation program
22

for inmates at Illinois adult correctional centers.
23

(d-10) To provide educational and visitation
24

opportunities to committed persons within its institutions
25

through temporary access to content-controlled tablets
26

that may be provided as a privilege to committed persons

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1

to induce or reward compliance.
2

(e) To establish a system of supervision and guidance
3

of committed persons in the community.
4

(f) To establish in cooperation with the Department of
5

Transportation to supply a sufficient number of prisoners
6

for use by the Department of Transportation to clean up
7

the trash and garbage along State, county, township, or
8

municipal highways as designated by the Department of
9

Transportation. The Department of Corrections, at the
10

request of the Department of Transportation, shall furnish
11

such prisoners at least annually for a period to be agreed
12

upon between the Director of Corrections and the Secretary
13

of Transportation. The prisoners used on this program
14

shall be selected by the Director of Corrections on
15

whatever basis he deems proper in consideration of their
16

term, behavior and earned eligibility to participate in
17

such program - where they will be outside of the prison
18

facility but still in the custody of the Department of
19

Corrections. Prisoners convicted of first degree murder,
20

or a Class X felony, or armed violence, or aggravated
21

kidnapping, or criminal sexual assault, aggravated
22

criminal sexual abuse or a subsequent conviction for
23

criminal sexual abuse, or forcible detention, or arson, or
24

a prisoner adjudged a Habitual Criminal shall not be
25

eligible for selection to participate in such program. The
26

prisoners shall remain as prisoners in the custody of the

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1

Department of Corrections and such Department shall
2

furnish whatever security is necessary. The Department of
3

Transportation shall furnish trucks and equipment for the
4

highway cleanup program and personnel to supervise and
5

direct the program. Neither the Department of Corrections
6

nor the Department of Transportation shall replace any
7

regular employee with a prisoner.
8

(g) To maintain records of persons committed to it and
9

to establish programs of research, statistics, and
10

planning.
11

(h) To investigate the grievances of any person
12

committed to the Department and to inquire into any
13

alleged misconduct by employees or committed persons; and
14

for these purposes it may issue subpoenas and compel the
15

attendance of witnesses and the production of writings and
16

papers, and may examine under oath any witnesses who may
17

appear before it; to also investigate alleged violations
18

of a parolee's or releasee's conditions of parole or
19

release; and for this purpose it may issue subpoenas and
20

compel the attendance of witnesses and the production of
21

documents only if there is reason to believe that such
22

procedures would provide evidence that such violations
23

have occurred.
24

If any person fails to obey a subpoena issued under
25

this subsection, the Director may apply to any circuit
26

court to secure compliance with the subpoena. The failure

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1

to comply with the order of the court issued in response
2

thereto shall be punishable as contempt of court.
3

(i) To appoint and remove the chief administrative
4

officers, and administer programs of training and
5

development of personnel of the Department. Personnel
6

assigned by the Department to be responsible for the
7

custody and control of committed persons or to investigate
8

the alleged misconduct of committed persons or employees
9

or alleged violations of a parolee's or releasee's
10

conditions of parole shall be conservators of the peace
11

for those purposes, and shall have the full power of peace
12

officers outside of the facilities of the Department in
13

the protection, arrest, retaking, and reconfining of
14

committed persons or where the exercise of such power is
15

necessary to the investigation of such misconduct or
16

violations. This subsection shall not apply to persons
17

committed to the Department of Juvenile Justice under the
18

Juvenile Court Act of 1987 on aftercare release.
19

(j) To cooperate with other departments and agencies
20

and with local communities for the development of
21

standards and programs for better correctional services in
22

this State.
23

(k) To administer all moneys and properties of the
24

Department.
25

(l) To report annually to the Governor on the
26

committed persons, institutions, and programs of the

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1

Department.
2

(l-5) (Blank).
3

(m) To make all rules and regulations and exercise all
4

powers and duties vested by law in the Department.
5

(n) To establish rules and regulations for
6

administering a system of sentence credits, established in
7

accordance with Section 3-6-3, subject to review by the
8

Prisoner Review Board.
9

(o) To administer the distribution of funds from the
10

State Treasury to reimburse counties where State penal
11

institutions are located for the payment of assistant
12

state's attorneys' salaries under Section 4-2001 of the
13

Counties Code.
14

(p) To exchange information with the Department of
15

Human Services and the Department of Healthcare and Family
16

Services for the purpose of verifying living arrangements
17

and for other purposes directly connected with the
18

administration of this Code and the Illinois Public Aid
19

Code.
20

(q) To establish a diversion program.
21

The program shall provide a structured environment for
22

selected technical parole or mandatory supervised release
23

violators and committed persons who have violated the
24

rules governing their conduct while in work release. This
25

program shall not apply to those persons who have
26

committed a new offense while serving on parole or

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1

mandatory supervised release or while committed to work
2

release.
3

Elements of the program shall include, but shall not
4

be limited to, the following:
5

(1) The staff of a diversion facility shall
6

provide supervision in accordance with required
7

objectives set by the facility.
8

(2) Participants shall be required to maintain
9

employment.
10

(3) Each participant shall pay for room and board
11

at the facility on a sliding-scale basis according to
12

the participant's income.
13

(4) Each participant shall:
14

(A) provide restitution to victims in
15

accordance with any court order;
16

(B) provide financial support to his
17

dependents; and
18

(C) make appropriate payments toward any other
19

court-ordered obligations.
20

(5) Each participant shall complete community
21

service in addition to employment.
22

(6) Participants shall take part in such
23

counseling, educational, and other programs as the
24

Department may deem appropriate.
25

(7) Participants shall submit to drug and alcohol
26

screening.

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1

(8) The Department shall promulgate rules
2

governing the administration of the program.
3

(r) To enter into intergovernmental cooperation
4

agreements under which persons in the custody of the
5

Department may participate in a county impact
6

incarceration program established under Section 3-6038 or
7

3-15003.5 of the Counties Code.
8

(r-5) (Blank).
9

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

respect to each streetgang active within the correctional
11

system: (1) each active gang; (2) every existing
12

inter-gang affiliation or alliance; and (3) the current
13

leaders in each gang. The Department shall promptly
14

segregate leaders from inmates who belong to their gangs
15

and allied gangs. "Segregate" means no physical contact
16

and, to the extent possible under the conditions and space
17

available at the correctional facility, prohibition of
18

visual and sound communication. For the purposes of this
19

paragraph (r-10), "leaders" means persons who:
20

(i) are members of a criminal streetgang;
21

(ii) with respect to other individuals within the
22

streetgang, occupy a position of organizer,
23

supervisor, or other position of management or
24

leadership; and
25

(iii) are actively and personally engaged in
26

directing, ordering, authorizing, or requesting

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1

commission of criminal acts by others, which are
2

punishable as a felony, in furtherance of streetgang
3

related activity both within and outside of the
4

Department of Corrections.
5

"Streetgang", "gang", and "streetgang related" have the
6

meanings ascribed to them in Section 10 of the Illinois
7

Streetgang Terrorism Omnibus Prevention Act.
8

(s) To operate a super-maximum security institution,
9

in order to manage and supervise inmates who are
10

disruptive or dangerous and provide for the safety and
11

security of the staff and the other inmates.
12

(t) To monitor any unprivileged conversation or any
13

unprivileged communication, whether in person or by mail,
14

telephone, or other means, between an inmate who, before
15

commitment to the Department, was a member of an organized
16

gang and any other person without the need to show cause or
17

satisfy any other requirement of law before beginning the
18

monitoring, except as constitutionally required. The
19

monitoring may be by video, voice, or other method of
20

recording or by any other means. As used in this
21

subdivision (1)(t), "organized gang" has the meaning
22

ascribed to it in Section 10 of the Illinois Streetgang
23

Terrorism Omnibus Prevention Act.
24

As used in this subdivision (1)(t), "unprivileged
25

conversation" or "unprivileged communication" means a
26

conversation or communication that is not protected by any

SB3550
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LRB104 16432 RLC 29823 b
1

privilege recognized by law or by decision, rule, or order
2

of the Illinois Supreme Court.
3

(u) To establish a Women's and Children's Pre-release
4

Community Supervision Program for the purpose of providing
5

housing and services to eligible female inmates, as
6

determined by the Department, and their newborn and young
7

children.
8

(u-5) To issue an order, whenever a person committed
9

to the Department absconds or absents himself or herself,
10

without authority to do so, from any facility or program
11

to which he or she is assigned. The order shall be
12

certified by the Director, the Supervisor of the
13

Apprehension Unit, or any person duly designated by the
14

Director, with the seal of the Department affixed. The
15

order shall be directed to all sheriffs, coroners, and
16

police officers, or to any particular person named in the
17

order. Any order issued pursuant to this subdivision
18

(1)(u-5) shall be sufficient warrant for the officer or
19

person named in the order to arrest and deliver the
20

committed person to the proper correctional officials and
21

shall be executed the same as criminal process.
22

(u-6) To appoint a point of contact person who shall
23

receive suggestions, complaints, or other requests to the
24

Department from visitors to Department institutions or
25

facilities and from other members of the public.
26

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

SB3550
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LRB104 16432 RLC 29823 b
1

Services and other State agencies to develop and implement
2

screening and follow-up protocols for intake and reentry
3

personnel and contractors on identification and response
4

to Department-involved individuals who demonstrate
5

indications of past labor or sex trafficking
6

victimization, criminal sexual exploitation or a history
7

of involvement in the sex trade that may put them at risk
8

of human trafficking. Protocols should include assessment
9

and provision of pre-release and post-release housing,
10

legal, medical, mental health and substance-use disorder
11

treatment services and recognize the specialized needs of
12

victims of human trafficking.
13

(u-8) To provide statewide training for Department of
14

Corrections intake and reentry personnel and contractors
15

on identification and response to Department-involved
16

individuals who demonstrate indications of past
17

trafficking victimization or child sexual exploitation
18

that put them at risk of human trafficking.
19

(u-9) To offer access to specialized services for
20

Department-involved individuals within the care that
21

demonstrate indications of past trafficking victimization
22

or child sexual exploitation that put them at risk of
23

trafficking. As used in this subsection, "specialized
24

services" means
substance use

substance-use
disorder,
25

mental health, medical, case-management, housing, and
26

other support services by Department employees or

SB3550
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LRB104 16432 RLC 29823 b
1

contractors who have completed victim-centered,
2

trauma-informed training specifically designed to address
3

the complex psychological
and
or physical needs of victims
4

of human trafficking, sexual exploitation, or a history of
5

involvement with the sex trade.
6

(v) To do all other acts necessary to carry out the
7

provisions of this Chapter.
8

(2) The Department of Corrections shall by January 1,
9
1998, consider building and operating a correctional facility
10
within 100 miles of a county of over 2,000,000 inhabitants,
11
especially a facility designed to house juvenile participants
12
in the impact incarceration program.
13

(3) When the Department lets bids for contracts for
14
medical services to be provided to persons committed to
15
Department facilities by a health maintenance organization,
16
medical service corporation, or other health care provider,
17
the bid may only be let to a health care provider that has
18
obtained an irrevocable letter of credit or performance bond
19
issued by a company whose bonds have an investment grade or
20
higher rating by a bond rating organization.
21

(3.5) If the Department has a contract with a pharmacy
22
benefit manager or a contract with an insurance company,
23
health maintenance organization, limited health service
24
organization, administrative services organization, or any
25
other managed care entity or health insurance issuer where a
26
pharmacy benefit manager administers the provider's coverage

SB3550
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LRB104 16432 RLC 29823 b
1
of, payment for, or formulary design for drugs necessary to
2
safeguard the minor's life or health, the contract with the
3
pharmacy benefit manager and the pharmacy benefit manager's
4
activities shall be subject to Article XXXIIB of the Illinois
5
Insurance Code and the authority of the Director of Insurance
6
to enforce those provisions. The provider shall have all the
7
rights of a plan sponsor under those provisions.
8

(4) When the Department lets bids for contracts for food
9
or commissary services to be provided to Department
10
facilities, the bid may only be let to a food or commissary
11
services provider that has obtained an irrevocable letter of
12
credit or performance bond issued by a company whose bonds
13
have an investment grade or higher rating by a bond rating
14
organization.
15

(5) On and after the date 6 months after August 16, 2013
16
(the effective date of Public Act 98-488), as provided in the
17
Executive Order 1 (2012) Implementation Act, all of the
18
powers, duties, rights, and responsibilities related to State
19
healthcare purchasing under this Code that were transferred
20
from the Department of Corrections to the Department of
21
Healthcare and Family Services by Executive Order 3 (2005) are
22
transferred back to the Department of Corrections; however,
23
powers, duties, rights, and responsibilities related to State
24
healthcare purchasing under this Code that were exercised by
25
the Department of Corrections before the effective date of
26
Executive Order 3 (2005) but that pertain to individuals

SB3550
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LRB104 16432 RLC 29823 b
1
resident in facilities operated by the Department of Juvenile
2
Justice are transferred to the Department of Juvenile Justice.
3

(6) The Department of Corrections shall provide lactation
4
or nursing mothers rooms for personnel of the Department. The
5
rooms shall be provided in each facility of the Department
6
that employs nursing mothers. Each individual lactation room
7
must:
8

(i) contain doors that lock;
9

(ii) have an "Occupied" sign for each door;
10

(iii) contain electrical outlets for plugging in
11

breast pumps;
12

(iv) have sufficient lighting and ventilation;
13

(v) contain comfortable chairs;
14

(vi) contain a countertop or table for all necessary
15

supplies for lactation;
16

(vii) contain a wastebasket and chemical cleaners to
17

wash one's hands and to clean the surfaces of the
18

countertop or table;
19

(viii) have a functional sink;
20

(ix) have a minimum of one refrigerator for storage of
21

the breast milk; and
22

(x) receive routine daily maintenance.
23
(Source: P.A. 103-834, eff. 1-1-25; 104-27, eff. 1-1-26;
24
104-159, eff. 1-1-26; revised 9-12-25.)

25

Section 95.
No acceleration or delay.
Where this Act makes

SB3550
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LRB104 16432 RLC 29823 b
1
changes in a statute that is represented in this Act by text
2
that is not yet or no longer in effect (for example, a Section
3
represented by multiple versions), the use of that text does
4
not accelerate or delay the taking effect of (i) the changes
5
made by this Act or (ii) provisions derived from any other
6
Public Act.

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