Sen. Mattie Hunter

Filed: 5/5/2014

 

 


 

 


 
09800HB4781sam001LRB098 18210 RLC 58543 a

1
AMENDMENT TO HOUSE BILL 4781

2    AMENDMENT NO. ______. Amend House Bill 4781 on page 1, by
3inserting immediately below line 3 the following:
 
4    "Section 3. The School Code is amended by changing Section
513-45 as follows:
 
6    (105 ILCS 5/13-45)  (from Ch. 122, par. 13-45)
7    Sec. 13-45. Other provisions of this Code shall not apply
8to the Department of Juvenile Justice School District being all
9of the following Articles and Sections: Articles 3, 3A, 4, 5,
106, 7, 8, and 9, those Sections sections of Article 10 in
11conflict with any provisions of Sections 13-40 through 13-45,
12and Articles 11, 12, 15, 17, 18, 19, 19A, 20, 22, 24, 24A, 26,
1331, 32, 33, and 34. Also Article 28 shall not apply except that
14this School District may use any funds available from State,
15Federal and other funds for the purchase of textbooks,
16apparatus and equipment.

 

 

09800HB4781sam001- 2 -LRB098 18210 RLC 58543 a

1(Source: P.A. 96-328, eff. 8-11-09.)"; and
 
2on 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
7of duties of the Juvenile Division.
8    (a) The Department of Juvenile Justice shall assume the
9rights, powers, duties, and responsibilities of the Juvenile
10Division of the Department of Corrections. Personnel, books,
11records, property, and unencumbered appropriations pertaining
12to the Juvenile Division of the Department of Corrections shall
13be transferred to the Department of Juvenile Justice on the
14effective date of this amendatory Act of the 94th General
15Assembly. Any rights of employees or the State under the
16Personnel Code or any other contract or plan shall be
17unaffected by this transfer.
18    (b) Department of Juvenile Justice personnel who are hired
19by the Department on or after the effective date of this
20amendatory Act of the 94th General Assembly and who participate
21or assist in the rehabilitative and vocational training of
22delinquent youths, supervise the daily activities involving
23direct and continuing responsibility for the youth's security,
24welfare and development, or participate in the personal

 

 

09800HB4781sam001- 3 -LRB098 18210 RLC 58543 a

1rehabilitation of delinquent youth by training, supervising,
2and assisting lower level personnel who perform these duties
3must be over the age of 21 and have a bachelor's or advanced
4degree from an accredited college or university with a
5specialization in criminal justice, education, psychology,
6social work, or a closely related social science or other
7bachelor's or advanced degree with at least 2 years experience
8in the field of juvenile matters. This requirement shall not
9apply to security, clerical, food service, and maintenance
10staff that do not have direct and regular contact with youth.
11The degree requirements specified in this subsection (b) are
12not required of persons who provide vocational training and who
13have adequate knowledge in the skill for which they are
14providing the vocational training.
15    (c) Subsection (b) of this Section does not apply to
16personnel transferred to the Department of Juvenile Justice on
17the effective date of this amendatory Act of the 94th General
18Assembly.
19    (d) The Department shall be under the direction of the
20Director of Juvenile Justice as provided in this Code.
21    (e) The Director shall organize divisions within the
22Department and shall assign functions, powers, duties, and
23personnel as required by law. The Director may create other
24divisions and may assign other functions, powers, duties, and
25personnel as may be necessary or desirable to carry out the
26functions and responsibilities vested by law in the Department.

 

 

09800HB4781sam001- 4 -LRB098 18210 RLC 58543 a

1The Director may, with the approval of the Office of the
2Governor, assign to and share functions, powers, duties, and
3personnel with other State agencies such that administrative
4services and administrative facilities are provided by a shared
5administrative service center. Where possible, shared services
6which impact youth should be done with child-serving agencies.
7These administrative services may include, but are not limited
8to, all of the following functions: budgeting, accounting
9related functions, auditing, human resources, legal,
10procurement, training, data collection and analysis,
11information technology, internal investigations, intelligence,
12legislative services, emergency response capability, statewide
13transportation services, and general office support.
14    (f) The Department of Juvenile Justice may enter into
15intergovernmental cooperation agreements under which minors
16adjudicated delinquent and committed to the Department of
17Juvenile Justice may participate in county juvenile impact
18incarceration programs established under Section 3-6039 of the
19Counties Code.
20    (g) The Department of Juvenile Justice must comply with the
21ethnic and racial background data collection procedures
22provided in Section 4.5 of the Criminal Identification Act.
23(Source: P.A. 98-528, eff. 1-1-15.)"; and
 
24on page 4, by inserting immediately below line 12 the
25following:
 

 

 

09800HB4781sam001- 5 -LRB098 18210 RLC 58543 a

1    "(730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
2    Sec. 3-10-2. Examination of Persons Committed to the
3Department of Juvenile Justice.
4    (a) A person committed to the Department of Juvenile
5Justice shall be examined in regard to his medical,
6psychological, social, educational and vocational condition
7and history, including the use of alcohol and other drugs, the
8circumstances of his offense and any other information as the
9Department of Juvenile Justice may determine.
10    (a-5) Upon admission of a person committed to the
11Department of Juvenile Justice, the Department of Juvenile
12Justice must provide the person with appropriate information
13concerning HIV and AIDS in writing, verbally, or by video or
14other electronic means. The Department of Juvenile Justice
15shall develop the informational materials in consultation with
16the Department of Public Health. At the same time, the
17Department of Juvenile Justice also must offer the person the
18option of being tested, at no charge to the person, for
19infection with human immunodeficiency virus (HIV). Pre-test
20information shall be provided to the committed person and
21informed consent obtained as required in subsection (d) of
22Section 3 and Section 5 of the AIDS Confidentiality Act. The
23Department of Juvenile Justice may conduct opt-out HIV testing
24as defined in Section 4 of the AIDS Confidentiality Act. If the
25Department conducts opt-out HIV testing, the Department shall

 

 

09800HB4781sam001- 6 -LRB098 18210 RLC 58543 a

1place signs in English, Spanish and other languages as needed
2in multiple, highly visible locations in the area where HIV
3testing is conducted informing inmates that they will be tested
4for HIV unless they refuse, and refusal or acceptance of
5testing shall be documented in the inmate's medical record. The
6Department shall follow procedures established by the
7Department of Public Health to conduct HIV testing and testing
8to confirm positive HIV test results. All testing must be
9conducted by medical personnel, but pre-test and other
10information may be provided by committed persons who have
11received appropriate training. The Department, in conjunction
12with the Department of Public Health, shall develop a plan that
13complies with the AIDS Confidentiality Act to deliver
14confidentially all positive or negative HIV test results to
15inmates or former inmates. Nothing in this Section shall
16require the Department to offer HIV testing to an inmate who is
17known to be infected with HIV, or who has been tested for HIV
18within the previous 180 days and whose documented HIV test
19result is available to the Department electronically. The
20testing provided under this subsection (a-5) shall consist of a
21test approved by the Illinois Department of Public Health to
22determine the presence of HIV infection, based upon
23recommendations of the United States Centers for Disease
24Control and Prevention. If the test result is positive, a
25reliable supplemental test based upon recommendations of the
26United States Centers for Disease Control and Prevention shall

 

 

09800HB4781sam001- 7 -LRB098 18210 RLC 58543 a

1be administered.
2    Also upon admission of a person committed to the Department
3of Juvenile Justice, the Department of Juvenile Justice must
4inform the person of the Department's obligation to provide the
5person with medical care.
6    (b) Based on its examination, the Department of Juvenile
7Justice may exercise the following powers in developing a
8treatment program of any person committed to the Department of
9Juvenile Justice:
10        (1) Require participation by him in vocational,
11    physical, educational and corrective training and
12    activities to return him to the community.
13        (2) Place him in any institution or facility of the
14    Department of Juvenile Justice.
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.
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.
25    (c) The Department of Juvenile Justice shall make periodic
26reexamination of all persons under the control of the

 

 

09800HB4781sam001- 8 -LRB098 18210 RLC 58543 a

1Department of Juvenile Justice to determine whether existing
2orders in individual cases should be modified or continued.
3This examination shall be made with respect to every person at
4least once annually.
5    (d) A record of the treatment decision including any
6modification thereof and the reason therefor, shall be part of
7the committed person's master record file.
8    (e) The Department of Juvenile Justice shall by certified
9mail and telephone or electronic message , return receipt
10requested, notify the parent, guardian or nearest relative of
11any person committed to the Department of Juvenile Justice of
12his or her physical location and any change thereof.
13(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
1497-813, eff. 7-13-12.)".