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Rep. Annazette Collins
Filed: 5/30/2005
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| AMENDMENT TO SENATE BILL 92
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| AMENDMENT NO. ______. Amend Senate Bill 92, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Unified Code of Corrections is amended by |
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| changing Section 3-2-5 and adding Section 3-2-5.1 as follows:
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| (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
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| Sec. 3-2-5. Organization of the Department; Adult |
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| Department of Corrections and the Department of Juvenile |
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| Justice.
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| (a) There shall be an Adult Division within the Department |
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| which shall
be administered by an Assistant Director appointed |
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| by the Governor under
The Civil Administrative Code of |
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| Illinois. The Assistant Director shall be
under the direction |
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| of the Director. The Adult Division shall be
responsible for |
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| all persons committed or transferred to the Department
under |
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| Sections 3-10-7 or 5-8-6 of this Code.
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| (b) There shall be a Department of Juvenile Justice which |
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| shall be administered by a Director appointed by the Governor |
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| under the Civil Administrative Code of Illinois. The Department |
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| of Juvenile Justice shall be responsible for all persons |
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| committed to the Department of Corrections under Section 5-8-6 |
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| of this Code, Section 5-10 of the Juvenile Court Act, or |
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| Section 5-750 of the Juvenile Court Act of 1987. Youth |
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| committed to the Department of Juvenile Justice pursuant to |
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| this Code shall be sight and sound separate from youth |
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| committed to the Department of Juvenile Justice pursuant to the |
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| Juvenile Court Act.
There shall be a Juvenile Division within |
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| the Department which shall
be administered by an Assistant |
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| Director appointed by the Governor under
The Civil |
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| Administrative Code of Illinois. The Assistant Director shall |
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| be
under the direction of the Director. The Juvenile Division |
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| shall be
responsible for all persons committed to the Juvenile |
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| Division of the
Department under Section 5-8-6 of this Code or |
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| Section 5-10 of
the Juvenile Court Act or Section 5-750 of the |
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| Juvenile Court Act
of 1987.
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| Department of Juvenile Justice personnel who are first |
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| employed by the Department after January 1, 2006 and who |
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| provide counseling, educational, vocational, or treatment |
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| services directly to juveniles must be over the age of 21 and |
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| have graduated from an accredited 4-year college or university |
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| with a specialization in criminal justice, education, |
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| psychology, sociology, social work, or a closely related social |
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| science. Work experience in a residential treatment program |
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| that includes supervision or counseling of troubled youth |
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| between 10 and 17 years of age may be substituted on a |
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| year-for-year basis for the stated education specialization |
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| requirement.
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| (c) The Department shall create a gang intelligence unit |
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| under the
supervision of the Director. The unit shall be |
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| specifically designed to gather
information regarding the |
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| inmate gang population, monitor the activities of
gangs, and |
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| prevent the furtherance of gang activities through the |
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| development
and implementation of policies aimed at deterring |
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| gang activity. The Director
shall appoint a Corrections |
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| Intelligence Coordinator.
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| All information collected and maintained by the unit shall |
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| be highly
confidential, and access to that information shall be |
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| restricted by the
Department. The information
shall be used to |
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| control and limit the activities of gangs within correctional
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| institutions under the jurisdiction of the Illinois
Department |
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| of Corrections and may be shared with other law enforcement |
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| agencies
in order to curb gang activities outside of |
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| correctional institutions under the
jurisdiction of the |
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| Department and to assist in
the investigations and prosecutions |
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| of gang activity. The Department shall
establish and promulgate |
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| rules governing the release of information to outside
law |
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| enforcement agencies. Due to the highly sensitive nature of the
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| information, the information is exempt from requests for |
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| disclosure under the
Freedom
of Information Act as the |
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| information contained is highly confidential and may
be harmful |
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| if disclosed.
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| The Department shall file an annual report with the General |
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| Assembly on the
profile of the inmate
population associated |
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| with gangs, gang-related activity within correctional
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| institutions under the jurisdiction of the Department,
and an |
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| overall status of the unit as it relates to its function and
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| performance.
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| (Source: P.A. 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.)
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| (730 ILCS 5/3-2-5.1 new)
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| Sec. 3-2-5.1. Department of Juvenile Justice Transition |
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| Plan. |
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| The Department of Juvenile Justice shall assume the rights, |
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| powers, duties, and responsibilities of the Juvenile Division |
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| of the Department of Corrections. Personnel, books, records, |
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| property, and unencumbered appropriations pertaining to the |
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| Juvenile Division of the Department of Corrections shall be |
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| transferred to the Department of Juvenile Justice, effective |
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| January 1, 2006. Any rights of employees or the State under the |
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| Personnel Code or any other contract or plan shall be |
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| unaffected by this transfer.
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