HB3801 100TH GENERAL ASSEMBLY

LRB100 10097 RLC 21878 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3801

Introduced , by Rep. Juliana Stratton

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-2.5-70

Amends the Unified Code of Corrections. Provides that before the youth is released on aftercare release, the Department of Juvenile Justice shall require the youth to attend a restorative justice circle or family group conferencing session to ensure appropriate family support and a smooth transition upon his or her return home and into his or her community.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Unified Code of Corrections is amended by changing Section 3-2.5-70 as follows:

(730 ILCS 5/3-2.5-70)

Sec. 3-2.5-70. Aftercare.

(a) The Department shall implement an aftercare program that includes, at a minimum, the following program elements:

(1) A process for developing and implementing a case management plan for timely and successful reentry into the community beginning upon commitment.

(2) A process for reviewing committed youth for recommendation for aftercare release.

(3) Supervision in accordance with the conditions set by the Department or Prisoner Review Board and referral to and facilitation of community-based services including education, social and mental health services, substance abuse treatment, employment and vocational training, individual and family counseling, financial counseling, and other services as appropriate; and assistance in locating appropriate residential placement and obtaining suitable employment. The Department may purchase necessary services for a releasee if they are otherwise unavailable and the releasee is unable to pay for the services. It may assess all or part of the costs of these services to a releasee in accordance with his or her ability to pay for the services.

(4) Standards for sanctioning violations of conditions of aftercare release that ensure that juvenile offenders face uniform and consistent consequences that hold them accountable taking into account aggravating and mitigating factors and prioritizing public safety.

(5) A process for reviewing youth on aftercare release for discharge.

(b) The Department of Juvenile Justice shall have the following rights, powers, functions, and duties:

(1) To investigate alleged violations of an aftercare releasee's conditions of release; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of documents only if there is reason to believe that the procedures would provide evidence that the violations have occurred. If any person fails to obey a subpoena issued under this subsection, the Director may apply to any circuit court to secure compliance with the subpoena. The failure to comply with the order of the court issued in response thereto shall be punishable as contempt of court.

(2) To issue a violation warrant for the apprehension of an aftercare releasee for violations of the conditions of aftercare release. Aftercare specialists and supervisors have the full power of peace officers in the retaking of any youth alleged to have violated the conditions of aftercare release.

(c) The Department of Juvenile Justice shall designate aftercare specialists qualified in juvenile matters to perform case management and post-release programming functions under this Section.

(d) Before the youth is released on aftercare release, the Department shall require the youth to attend a restorative justice circle or family group conferencing session to ensure appropriate family support and a smooth transition upon his or her return home and into his or her community.

(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)