Rep. Annazette Collins
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 1050
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2 | AMENDMENT NO. ______. Amend House Bill 1050 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 3. The Children and Family Services Act is amended | ||||||
5 | by changing Section 17a-5 as follows:
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6 | (20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
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7 | Sec. 17a-5. The Department of Human Services shall be | ||||||
8 | successor to the
Department of Children and Family Services in | ||||||
9 | the latter Department's capacity
as successor to the Illinois | ||||||
10 | Law Enforcement
Commission in the functions of that Commission | ||||||
11 | relating to juvenile justice
and the federal Juvenile Justice | ||||||
12 | and Delinquency Prevention Act of 1974
as amended, and shall | ||||||
13 | have the powers, duties and functions specified in
this Section | ||||||
14 | relating to juvenile justice and the federal Juvenile Justice
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15 | and Delinquency Prevention Act of 1974, as amended.
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16 | (1) Definitions. As used in this Section:
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1 | (a) "juvenile justice system" means all activities by | ||||||
2 | public or private
agencies or persons pertaining to the | ||||||
3 | handling of youth involved or having
contact with the | ||||||
4 | police, courts or corrections;
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5 | (b) "unit of general local government" means any | ||||||
6 | county, municipality
or other general purpose political | ||||||
7 | subdivision of this State;
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8 | (c) "Commission" means the Illinois Juvenile Justice
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9 | Commission provided for in Section 17a-9 of this Act.
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10 | (2) Powers and Duties of Department. The Department of | ||||||
11 | Human Services
shall serve as the
official State Planning | ||||||
12 | Agency for juvenile justice for the State of Illinois
and in | ||||||
13 | that capacity is authorized and empowered to discharge any and | ||||||
14 | all
responsibilities imposed on such bodies by the federal | ||||||
15 | Juvenile Justice
and Delinquency Prevention Act of 1974, as | ||||||
16 | amended, specifically the
deinstitutionalization
of status | ||||||
17 | offenders, separation of juveniles and adults in municipal and
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18 | county jails, removal of juveniles from county and municipal | ||||||
19 | jails and
monitoring
of compliance with these mandates. In | ||||||
20 | furtherance thereof, the Department
has the powers and duties | ||||||
21 | set forth in paragraphs 3 through 15 of this Section:
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22 | (3) To develop annual comprehensive plans based on analysis | ||||||
23 | of juvenile
crime problems and juvenile justice and delinquency | ||||||
24 | prevention needs in
the State, for the improvement of juvenile | ||||||
25 | justice throughout the State,
such plans to be in accordance | ||||||
26 | with the federal Juvenile Justice and Delinquency
Prevention |
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1 | Act of 1974, as amended;
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2 | (4) To define, develop and correlate programs and projects | ||||||
3 | relating to
administration of juvenile justice for the State | ||||||
4 | and units of general local
government within the State or for | ||||||
5 | combinations of such units for
improvement in law enforcement:
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6 | (5) To advise, assist and make recommendations to the | ||||||
7 | Governor as to how
to achieve a more efficient and effective | ||||||
8 | juvenile justice system;
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9 | (6) To act as a central repository for federal, State, | ||||||
10 | regional and local
research studies, plans, projects, and | ||||||
11 | proposals relating to the improvement
of the juvenile justice | ||||||
12 | system;
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13 | (7) To act as a clearing house for information relating to | ||||||
14 | all aspects
of juvenile justice system improvement;
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15 | (8) To undertake research studies to aid in accomplishing | ||||||
16 | its purposes;
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17 | (9) To establish priorities for the expenditure of funds | ||||||
18 | made
available by the United States for the improvement of the | ||||||
19 | juvenile justice
system throughout the State;
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20 | (10) To apply for, receive, allocate, disburse, and account | ||||||
21 | for grants
of funds made available by the United States | ||||||
22 | pursuant to the federal Juvenile
Justice and Delinquency | ||||||
23 | Prevention Act of 1974, as amended; and such other
similar | ||||||
24 | legislation as may be enacted from time to time in order to | ||||||
25 | plan,
establish, operate, coordinate, and evaluate projects | ||||||
26 | directly or through
grants and contracts with public and |
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1 | private agencies for the development
of more effective | ||||||
2 | education, training, research, prevention, diversion,
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3 | treatment and rehabilitation programs in the area of juvenile | ||||||
4 | delinquency
and programs to improve the juvenile justice | ||||||
5 | system;
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6 | (11) To insure that no more than the maximum percentage of | ||||||
7 | the total annual
State allotment of juvenile justice funds be | ||||||
8 | utilized for the administration
of such funds;
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9 | (12) To provide at least 66-2/3 per centum of funds | ||||||
10 | received by the State
under the Juvenile Justice and | ||||||
11 | Delinquency Prevention Act of 1974, as amended,
are expended | ||||||
12 | through:
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13 | (a) programs of units of general local government or | ||||||
14 | combinations thereof,
to the extent such programs are | ||||||
15 | consistent with the State plan; and
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16 | (b) programs of local private agencies, to the extent | ||||||
17 | such programs are
consistent with the State plan;
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18 | (13) To enter into agreements with the United States | ||||||
19 | government
which may be required as a condition of obtaining | ||||||
20 | federal funds;
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21 | (14) To enter into contracts and cooperate with units of | ||||||
22 | general local
government or combinations of such units, State | ||||||
23 | agencies, and private
organizations
of all types, for the | ||||||
24 | purpose of carrying out the duties of the Department
imposed by | ||||||
25 | this Section or by federal law or
regulations;
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26 | (14.5) To operate a toll-free number to arrange for the |
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1 | immediate pick-up and transportation of minor offenders to | ||||||
2 | detention facilities throughout the State pursuant to Section | ||||||
3 | 5-410 of the Juvenile Court Act of 1987;
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4 | (15) To exercise all other powers that are reasonable and | ||||||
5 | necessary to
fulfill its functions under applicable federal law | ||||||
6 | or to further the
purposes of this Section.
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7 | (Source: P.A. 89-507, eff. 7-1-97.)"; and
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8 | on page 1, line 22, by inserting after "hours" the following: | ||||||
9 | " , except as provided in paragraph (d) of this subsection (2) "; | ||||||
10 | and | ||||||
11 | on page 5, line 1, by replacing " (Blank) " with the following: | ||||||
12 | " Whenever it appears that a minor who is arrested pursuant to | ||||||
13 | paragraph (a) of this subsection (2) will need to be detained | ||||||
14 | for longer than 6 hours in a county jail or a municipal lockup, | ||||||
15 | the arresting authority shall notify the Department of Human | ||||||
16 | Services to arrange for the immediate pickup and transportation | ||||||
17 | of the arrested minor to and from a detention facility. A minor | ||||||
18 | may remain in the county jail or municipal lockup for as long | ||||||
19 | as it takes for the Department to provide for pickup and | ||||||
20 | transportation ".
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