SB1725 Engrossed LRB096 07482 RLC 17575 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Children and Family Services Act is amended
5 by changing Section 17a-5 as follows:
 
6     (20 ILCS 505/17a-5)  (from Ch. 23, par. 5017a-5)
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
15 and Delinquency Prevention Act of 1974, as amended.
16     (1) Definitions. As used in this Section:
17         (a) "juvenile justice system" means all activities by
18     public or private agencies or persons pertaining to the
19     handling of youth involved or having contact with the
20     police, courts or corrections;
21         (b) "unit of general local government" means any
22     county, municipality or other general purpose political
23     subdivision of this State;

 

 

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1         (c) "Commission" means the Illinois Juvenile Justice
2     Commission provided for in Section 17a-9 of this Act.
3     (2) Powers and Duties of Department. The Department of
4 Human Services shall serve as the official State Planning
5 Agency for juvenile justice for the State of Illinois and in
6 that capacity is authorized and empowered to discharge any and
7 all responsibilities imposed on such bodies by the federal
8 Juvenile Justice and Delinquency Prevention Act of 1974, as
9 amended, specifically the deinstitutionalization of status
10 offenders, separation of juveniles and adults in municipal and
11 county jails, removal of juveniles from county and municipal
12 jails and monitoring of compliance with these mandates. In
13 furtherance thereof, the Department has the powers and duties
14 set forth in paragraphs 3 through 15 of this Section:
15     (3) To develop annual comprehensive plans based on analysis
16 of juvenile crime problems and juvenile justice and delinquency
17 prevention needs in the State, for the improvement of juvenile
18 justice throughout the State, such plans to be in accordance
19 with the federal Juvenile Justice and Delinquency Prevention
20 Act of 1974, as amended;
21     (4) To define, develop and correlate programs and projects
22 relating to administration of juvenile justice for the State
23 and units of general local government within the State or for
24 combinations of such units for improvement in law enforcement:
25     (5) To advise, assist and make recommendations to the
26 Governor as to how to achieve a more efficient and effective

 

 

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1 juvenile justice system;
2     (5.1) To develop recommendations to ensure the effective
3 reintegration of youth offenders into communities to which they
4 are returning. The Illinois Juvenile Justice Commission,
5 utilizing available information provided by the Department of
6 Juvenile Justice, the Prisoner Review Board, the Illinois
7 Criminal Justice Information Authority, and any other relevant
8 State agency, shall develop by September 30, 2009, a report on
9 juveniles who have been the subject of a parole revocation
10 within the past year in Illinois. The report shall provide
11 information on the number of youth confined in the Department
12 of Juvenile Justice for revocation based on a technical parole
13 violation, the length of time the youth spent on parole prior
14 to the revocation, the nature of the committing offense that
15 served as the basis for the original commitment, demographic
16 information including age, race, sex, and zip code of the
17 underlying offense and the conduct leading to revocation. In
18 addition, the Juvenile Justice Commission shall develop
19 recommendations to:
20         (A) recommend the development of a tracking system to
21     provide quarterly statewide reports on youth released from
22     the Illinois Department of Juvenile Justice including
23     lengths of stay in the Illinois Department of Juvenile
24     Justice prior to release, length of monitoring
25     post-release, pre-release services provided to each youth,
26     violations of release conditions including length of

 

 

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1     release prior to violation, nature of violation, and
2     intermediate sanctions offered prior to violation;
3         (B) recommend outcome measures of educational
4     attainment, employment, homelessness, recidivism, and
5     other appropriate measures that can be used to assess the
6     performance of the State of Illinois in operating youth
7     offender reentry programs.
8     The Juvenile Justice Commission shall include information
9 and recommendations on the effectiveness of the State's
10 juvenile reentry programming, including progress on the
11 recommendations in subparagraphs (A) and (B) of this paragraph
12 (5.1), in its annual submission of recommendations to the
13 Governor and the General Assembly on matters relative to its
14 function, and in its annual juvenile justice plan. This
15 paragraph (5.1) may be cited as the Youth Reentry Improvement
16 Law of 2009;
17     (6) To act as a central repository for federal, State,
18 regional and local research studies, plans, projects, and
19 proposals relating to the improvement of the juvenile justice
20 system;
21     (7) To act as a clearing house for information relating to
22 all aspects of juvenile justice system improvement;
23     (8) To undertake research studies to aid in accomplishing
24 its purposes;
25     (9) To establish priorities for the expenditure of funds
26 made available by the United States for the improvement of the

 

 

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1 juvenile justice system throughout the State;
2     (10) To apply for, receive, allocate, disburse, and account
3 for grants of funds made available by the United States
4 pursuant to the federal Juvenile Justice and Delinquency
5 Prevention Act of 1974, as amended; and such other similar
6 legislation as may be enacted from time to time in order to
7 plan, establish, operate, coordinate, and evaluate projects
8 directly or through grants and contracts with public and
9 private agencies for the development of more effective
10 education, training, research, prevention, diversion,
11 treatment and rehabilitation programs in the area of juvenile
12 delinquency and programs to improve the juvenile justice
13 system;
14     (11) To insure that no more than the maximum percentage of
15 the total annual State allotment of juvenile justice funds be
16 utilized for the administration of such funds;
17     (12) To provide at least 66-2/3 per centum of funds
18 received by the State under the Juvenile Justice and
19 Delinquency Prevention Act of 1974, as amended, are expended
20 through:
21         (a) programs of units of general local government or
22     combinations thereof, to the extent such programs are
23     consistent with the State plan; and
24         (b) programs of local private agencies, to the extent
25     such programs are consistent with the State plan;
26     (13) To enter into agreements with the United States

 

 

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1 government which may be required as a condition of obtaining
2 federal funds;
3     (14) To enter into contracts and cooperate with units of
4 general local government or combinations of such units, State
5 agencies, and private organizations of all types, for the
6 purpose of carrying out the duties of the Department imposed by
7 this Section or by federal law or regulations;
8     (15) To exercise all other powers that are reasonable and
9 necessary to fulfill its functions under applicable federal law
10 or to further the purposes of this Section.
11 (Source: P.A. 89-507, eff. 7-1-97.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.