Sen. Mattie Hunter
Filed: 5/5/2014
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1 | AMENDMENT TO HOUSE BILL 4781
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2 | AMENDMENT NO. ______. Amend House Bill 4781 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 3. The School Code is amended by changing Section | ||||||
5 | 13-45 as follows:
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6 | (105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
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7 | Sec. 13-45.
Other provisions of this Code shall not apply | ||||||
8 | to the Department of Juvenile Justice School District being all | ||||||
9 | of the following Articles and
Sections: Articles 3, 3A, 4, 5, | ||||||
10 | 6, 7, 8, and 9, those Sections sections of Article 10 in | ||||||
11 | conflict with
any provisions of Sections 13-40 through 13-45, | ||||||
12 | and Articles 11, 12, 15,
17, 18, 19, 19A, 20, 22, 24, 24A, 26, | ||||||
13 | 31, 32, 33, and 34. Also Article 28 shall
not apply except that | ||||||
14 | this School District may use any funds available from
State, | ||||||
15 | Federal and other funds for the purchase of textbooks, | ||||||
16 | apparatus and
equipment.
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1 | (Source: P.A. 96-328, eff. 8-11-09.)"; and
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2 | on page 1, by replacing line 5 with the following: | ||||||
3 | "changing Sections 3-2.5-15, 3-7-2, and 3-10-2 as follows: | ||||||
4 | (730 ILCS 5/3-2.5-15) | ||||||
5 | (Text of Section after amendment by P.A. 98-528 ) | ||||||
6 | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | ||||||
7 | of duties of the Juvenile Division. | ||||||
8 | (a) The Department of Juvenile Justice shall assume the | ||||||
9 | rights, powers, duties, and responsibilities of the Juvenile | ||||||
10 | Division of the Department of Corrections. Personnel, books, | ||||||
11 | records, property, and unencumbered appropriations pertaining | ||||||
12 | to the Juvenile Division of the Department of Corrections shall | ||||||
13 | be transferred to the Department of Juvenile Justice on the | ||||||
14 | effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly. Any rights of employees or the State under the | ||||||
16 | Personnel Code or any other contract or plan shall be | ||||||
17 | unaffected by this transfer. | ||||||
18 | (b) Department of Juvenile Justice personnel who are hired | ||||||
19 | by the Department on or after the effective date of this | ||||||
20 | amendatory Act of the 94th General Assembly and who participate | ||||||
21 | or assist in the rehabilitative and vocational training of | ||||||
22 | delinquent youths, supervise the daily activities involving | ||||||
23 | direct and continuing responsibility for the youth's security, | ||||||
24 | welfare and development, or participate in the personal |
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1 | rehabilitation of delinquent youth by training, supervising, | ||||||
2 | and assisting lower level personnel who perform these duties | ||||||
3 | must be over the age of 21 and have a bachelor's or advanced | ||||||
4 | degree from an accredited college or university with a | ||||||
5 | specialization in criminal justice, education, psychology, | ||||||
6 | social work, or a closely related social science or other | ||||||
7 | bachelor's or advanced degree with at least 2 years experience | ||||||
8 | in the field of juvenile matters . This requirement shall not | ||||||
9 | apply to security, clerical, food service, and maintenance | ||||||
10 | staff that do not have direct and regular contact with youth. | ||||||
11 | The degree requirements specified in this subsection (b) are | ||||||
12 | not required of persons who provide vocational training and who | ||||||
13 | have adequate knowledge in the skill for which they are | ||||||
14 | providing the vocational training. | ||||||
15 | (c) Subsection (b) of this Section does not apply to | ||||||
16 | personnel transferred to the Department of Juvenile Justice on | ||||||
17 | the effective date of this amendatory Act of the 94th General | ||||||
18 | Assembly. | ||||||
19 | (d) The Department shall be under the direction of the | ||||||
20 | Director of Juvenile Justice as provided in this Code. | ||||||
21 | (e) The Director shall organize divisions within the | ||||||
22 | Department and shall assign functions, powers, duties, and | ||||||
23 | personnel as required by law. The Director may create other | ||||||
24 | divisions and may assign other functions, powers, duties, and | ||||||
25 | personnel as may be necessary or desirable to carry out the | ||||||
26 | functions and responsibilities vested by law in the Department. |
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1 | The Director may, with the approval of the Office of the | ||||||
2 | Governor, assign to and share functions, powers, duties, and | ||||||
3 | personnel with other State agencies such that administrative | ||||||
4 | services and administrative facilities are provided by a shared | ||||||
5 | administrative service center. Where possible, shared services | ||||||
6 | which impact youth should be done with child-serving agencies. | ||||||
7 | These administrative services may include, but are not limited | ||||||
8 | to, all of the following functions: budgeting, accounting | ||||||
9 | related functions, auditing, human resources, legal, | ||||||
10 | procurement, training, data collection and analysis, | ||||||
11 | information technology, internal investigations, intelligence, | ||||||
12 | legislative services, emergency response capability, statewide | ||||||
13 | transportation services, and general office support. | ||||||
14 | (f) The Department of Juvenile Justice may enter into | ||||||
15 | intergovernmental cooperation agreements under which minors | ||||||
16 | adjudicated delinquent and committed to the Department of | ||||||
17 | Juvenile Justice may participate in county juvenile impact | ||||||
18 | incarceration programs established under Section 3-6039 of the | ||||||
19 | Counties Code.
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20 | (g) The Department of Juvenile Justice must comply with the | ||||||
21 | ethnic and racial background data collection procedures | ||||||
22 | provided in Section 4.5 of the Criminal Identification Act. | ||||||
23 | (Source: P.A. 98-528, eff. 1-1-15.)"; and
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24 | on page 4, by inserting immediately below line 12 the | ||||||
25 | following:
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1 | "(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
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2 | Sec. 3-10-2. Examination of Persons Committed to the | ||||||
3 | Department of Juvenile Justice.
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4 | (a) A person committed to the Department of Juvenile | ||||||
5 | Justice shall be examined in
regard to his medical, | ||||||
6 | psychological, social, educational and vocational
condition | ||||||
7 | and history, including the use of alcohol and other drugs,
the | ||||||
8 | circumstances of his offense and any other
information as the | ||||||
9 | Department of Juvenile Justice may determine.
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10 | (a-5) Upon admission of a person committed to the | ||||||
11 | Department of Juvenile Justice, the Department of Juvenile | ||||||
12 | Justice must provide the person with appropriate information | ||||||
13 | concerning HIV and AIDS in writing, verbally, or by video or | ||||||
14 | other electronic means. The Department of Juvenile Justice | ||||||
15 | shall develop the informational materials in consultation with | ||||||
16 | the Department of Public Health. At the same time, the | ||||||
17 | Department of Juvenile Justice also must offer the person the | ||||||
18 | option of being tested, at no charge to the person, for | ||||||
19 | infection with human immunodeficiency virus (HIV). Pre-test | ||||||
20 | information shall be provided to the committed person and | ||||||
21 | informed consent obtained as required in subsection (d) of | ||||||
22 | Section 3 and Section 5 of the AIDS Confidentiality Act. The | ||||||
23 | Department of Juvenile Justice may conduct opt-out HIV testing | ||||||
24 | as defined in Section 4 of the AIDS Confidentiality Act. If the | ||||||
25 | Department conducts opt-out HIV testing, the Department shall |
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1 | place signs in English, Spanish and other languages as needed | ||||||
2 | in multiple, highly visible locations in the area where HIV | ||||||
3 | testing is conducted informing inmates that they will be tested | ||||||
4 | for HIV unless they refuse, and refusal or acceptance of | ||||||
5 | testing shall be documented in the inmate's medical record. The | ||||||
6 | Department shall follow procedures established by the | ||||||
7 | Department of Public Health to conduct HIV testing and testing | ||||||
8 | to confirm positive HIV test results. All testing must be | ||||||
9 | conducted by medical personnel, but pre-test and other | ||||||
10 | information may be provided by committed persons who have | ||||||
11 | received appropriate training. The Department, in conjunction | ||||||
12 | with the Department of Public Health, shall develop a plan that | ||||||
13 | complies with the AIDS Confidentiality Act to deliver | ||||||
14 | confidentially all positive or negative HIV test results to | ||||||
15 | inmates or former inmates. Nothing in this Section shall | ||||||
16 | require the Department to offer HIV testing to an inmate who is | ||||||
17 | known to be infected with HIV, or who has been tested for HIV | ||||||
18 | within the previous 180 days and whose documented HIV test | ||||||
19 | result is available to the Department electronically. The
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20 | testing provided under this subsection (a-5) shall consist of a | ||||||
21 | test approved by the Illinois Department of Public Health to | ||||||
22 | determine the presence of HIV infection, based upon | ||||||
23 | recommendations of the United States Centers for Disease | ||||||
24 | Control and Prevention. If the test result is positive, a | ||||||
25 | reliable supplemental test based upon recommendations of the | ||||||
26 | United States Centers for Disease Control and Prevention shall |
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1 | be
administered. | ||||||
2 | Also upon admission of a person committed to the Department | ||||||
3 | of Juvenile Justice, the Department of Juvenile Justice must | ||||||
4 | inform the person of the Department's obligation to provide the | ||||||
5 | person with medical care.
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6 | (b) Based on its examination, the Department of Juvenile | ||||||
7 | Justice may exercise the following
powers in developing a | ||||||
8 | treatment program of any person committed to the Department of | ||||||
9 | Juvenile Justice:
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10 | (1) Require participation by him in vocational, | ||||||
11 | physical, educational
and corrective training and | ||||||
12 | activities to return him to the community.
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13 | (2) Place him in any institution or facility of the | ||||||
14 | Department of Juvenile Justice.
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15 | (3) Order replacement or referral to the Parole and | ||||||
16 | Pardon Board as
often as it deems desirable. The Department | ||||||
17 | of Juvenile Justice shall refer the person to the
Parole | ||||||
18 | and Pardon Board as required under Section 3-3-4.
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19 | (4) Enter into agreements with the Secretary of Human | ||||||
20 | Services and
the Director of Children and Family
Services, | ||||||
21 | with courts having probation officers, and with private | ||||||
22 | agencies
or institutions for separate care or special | ||||||
23 | treatment of persons subject
to the control of the | ||||||
24 | Department of Juvenile Justice.
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25 | (c) The Department of Juvenile Justice shall make periodic | ||||||
26 | reexamination of all persons
under the control of the |
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1 | Department of Juvenile Justice to determine whether existing
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2 | orders in individual cases should be modified or continued. | ||||||
3 | This
examination shall be made with respect to every person at | ||||||
4 | least once
annually.
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5 | (d) A record of the treatment decision including any | ||||||
6 | modification
thereof and the reason therefor, shall be part of | ||||||
7 | the committed person's
master record file.
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8 | (e) The Department of Juvenile Justice shall by certified | ||||||
9 | mail and telephone or electronic message , return receipt | ||||||
10 | requested,
notify the parent, guardian or nearest relative of | ||||||
11 | any person committed to
the Department of Juvenile Justice of | ||||||
12 | his or her physical location and any change thereof.
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13 | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | ||||||
14 | 97-813, eff. 7-13-12.)".
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