102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5572

 

Introduced 1/31/2022, by Rep. Kelly M. Burke

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17a-9  from Ch. 23, par. 5017a-9

    Amends the Children and Family Services Act. Requires the Illinois Juvenile Justice Commission to develop a plan to ensure adequate availability of alternatives to reduce the use of detention and prevent deeper justice system involvement for children. Requires the Commission to explore and document the availability of services and support for families with children ages 10 through 12 in contact with the State's juvenile justice system and to make recommendations to the Governor and General Assembly to address any gaps in services, support, and resources for these children and families. Requires the Commission, when developing the plan, to consider certain issues related to children and families in contact with the juvenile justice system, including, but not limited to: (i) strategies to eliminate racial disparities in the provision of community-based services and support to children and families in contact with the State's juvenile justice system; (ii) the creation of specially licensed foster homes and other placement resources to be available to children and families in need of out-of-home placement; (iii) child welfare responses to children and youth in contact with the juvenile justice system to eliminate systemic removal of abused or neglected children due to juvenile justice system involvement; and other matters. Requires the Commission to issue an initial report of its findings no later than January 1, 2023, and a final report with findings and recommendations no later than July 1, 2023. Requires the Commission to plan and report, no later than September 1, 2024, on the implementation of these same provisions for juveniles older than 12 year of age. Effective immediately.


LRB102 22390 KTG 31529 b

 

 

A BILL FOR

 

HB5572LRB102 22390 KTG 31529 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 17a-9 as follows:
 
6    (20 ILCS 505/17a-9)  (from Ch. 23, par. 5017a-9)
7    Sec. 17a-9. Illinois Juvenile Justice Commission.
8    (a) There is hereby created the Illinois Juvenile Justice
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights,
20powers and duties established in subparagraph (3) of paragraph
21(a) of Section 223 of the Federal "Juvenile Justice and
22Delinquency Prevention Act of 1974", as now or hereafter
23amended. The Commission shall determine the priorities for

 

 

HB5572- 2 -LRB102 22390 KTG 31529 b

1expenditure of funds made available to the State by the
2Federal Government pursuant to that Act. The Commission shall
3have the following powers and duties:
4        (1) Development, review and final approval of the
5    State's juvenile justice plan for funds under the Federal
6    "Juvenile Justice and Delinquency Prevention Act of 1974";
7        (2) Review and approve or disapprove juvenile justice
8    and delinquency prevention grant applications to the
9    Department for federal funds under that Act;
10        (3) Annual submission of recommendations to the
11    Governor and the General Assembly concerning matters
12    relative to its function;
13        (4) Responsibility for the review of funds allocated
14    to Illinois under the "Juvenile Justice and Delinquency
15    Prevention Act of 1974" to ensure compliance with all
16    relevant federal laws and regulations;
17        (5) Function as the advisory committee for the State
18    Youth and Community Services Program as authorized under
19    Section 17 of this Act, and in that capacity be authorized
20    and empowered to assist and advise the Secretary of Human
21    Services on matters related to juvenile justice and
22    delinquency prevention programs and services; and
23        (6) Study the impact of, develop timelines, and
24    propose a funding structure to accommodate the expansion
25    of the jurisdiction of the Illinois Juvenile Court to
26    include youth age 17 under the jurisdiction of the

 

 

HB5572- 3 -LRB102 22390 KTG 31529 b

1    Juvenile Court Act of 1987. The Commission shall submit a
2    report by December 31, 2011 to the General Assembly with
3    recommendations on extending juvenile court jurisdiction
4    to youth age 17 charged with felony offenses.
5    (a-5) Alternatives for youth in detention study and plan.
6        (1) The Illinois Juvenile Justice Commission shall
7    develop a plan for implementation of the following
8    provisions in this paragraph to ensure adequate
9    availability of alternatives to reduce the use of
10    detention and prevent deeper justice system involvement.
11    The Commission shall utilize the input and guidance of
12    juvenile justice stakeholders, including, but not limited
13    to, detention superintendents and probation officers;
14    representatives from the Department of Children and Family
15    Services, the Department of Human Services and other
16    relevant State agencies; other child welfare and human
17    services stakeholders; youth and community advocates;
18    youth services providers; and others with relevant
19    experience, expertise, and insight.
20        (2) The Commission shall explore and document the
21    availability of services and supports for families with
22    children ages 10 through 12 in contact with the State's
23    juvenile justice system and shall make recommendations to
24    the Governor and General Assembly to address any gaps in
25    services, support, and resources for these children and
26    families. In developing this implementation plan, the

 

 

HB5572- 4 -LRB102 22390 KTG 31529 b

1    Commission shall consider the following issues related to
2    children and families in contact with the juvenile justice
3    system, as well as additional relevant issues as
4    identified:
5            (A) Strategies to eliminate racial disparities in
6        the provision of community-based services and support
7        to children and families in contact with the State's
8        juvenile justice system.
9            (B) The creation of specially licensed foster
10        homes and other placement resources to be available to
11        children and families in need of out-of-home
12        placement.
13            (C) Child welfare responses to children and youth
14        in contact with the juvenile justice system to
15        eliminate systemic removal of abused or neglected
16        children due to juvenile justice system involvement.
17            (D) Crisis responses and support available through
18        local family support providers and youth service
19        providers, including the Comprehensive Community Based
20        Youth Services network.
21            (E) Behavioral health responses available to
22        children, youth, and families through the Screening,
23        Assessment and Support Services (SASS) program and
24        other relevant programs, including immediate crisis
25        placement.
26            (F) Strategies for effective multi-disciplinary

 

 

HB5572- 5 -LRB102 22390 KTG 31529 b

1        planning in support of children and families in
2        contact with the juvenile justice system.
3            (G) Strategies to address the unique needs of
4        female juveniles and LGBTQ children and youth in
5        contact with the juvenile justice system.
6            (H) The challenges for rural communities and
7        counties in providing services and support to children
8        and families.
9            (I) Effective training, screening, and referral
10        mechanisms to ensure the availability and provision of
11        services and support to children and families in
12        contact with the juvenile justice system.
13            (J) Additional services and support available to
14        and needed by children and families in contact with
15        the juvenile justice system.
16        (3) The Commission shall issue an initial report of
17    its findings no later than January 1, 2023, and a final
18    report with findings and recommendations no later than
19    July 1, 2023.
20        The Commission shall continue to plan and report on
21    the implementation of these same provisions for juveniles
22    older than 12 year of age. The Commission shall make a
23    final report with respect to adequate alternatives for
24    juveniles older than 12 year of age no later than
25    September 1, 2024, and shall continue to monitor the
26    implementation of these reports and their findings.

 

 

HB5572- 6 -LRB102 22390 KTG 31529 b

1    (b) On the effective date of this amendatory Act of the
296th General Assembly, the Illinois Juvenile Jurisdiction Task
3Force created by Public Act 95-1031 is abolished and its
4duties are transferred to the Illinois Juvenile Justice
5Commission as provided in paragraph (6) of subsection (a) of
6this Section.
7(Source: P.A. 96-1199, eff. 1-1-11.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.