Illinois General Assembly - Full Text of HB0236
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Full Text of HB0236  95th General Assembly

HB0236ham001 95TH GENERAL ASSEMBLY

Executive Committee

Filed: 3/21/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 236

2     AMENDMENT NO. ______. Amend House Bill 236 by replacing
3 everything after the enacting clause with the following:
 
 
4     "Section 5. The County Shelter Care and Detention Home Act
5 is amended by changing Sections 1, 3, and 9.1 and by adding
6 Section 9.2 as follows:
 
7     (55 ILCS 75/1)  (from Ch. 23, par. 2681)
8     Sec. 1. Establishment and maintenance of homes.
9     (a) The board of county commissioners or the county board
10 in any county in this State, may locate, purchase, erect,
11 lease, or otherwise provide and establish, support and maintain
12 a detention home for the care and custody of delinquent minors
13 and a shelter care home for the temporary care of minors who
14 are delinquent, dependent, neglected, addicted, abused or
15 require authoritative intervention. They may levy and collect a

 

 

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1 tax to pay the cost of its establishment and maintenance in
2 accordance with the terms and provisions of this Act. In
3 counties with 300,000 or less inhabitants, the powers
4 enumerated in this Act shall not be exercised unless this Act
5 is adopted by the legal voters of the county as provided in
6 this Act. In counties with over 300,000 but less than 1,000,000
7 inhabitants the county board by majority vote may establish
8 county shelter care and detention homes without adoption of
9 this Act by the legal voters and without referendum.
10     (b) In any county, if the board of county commissioners or
11 the county board, as the case may be, determines that a shelter
12 care or detention home presently in use is obsolete, it may
13 continue to operate the shelter care or detention home on a
14 temporary basis and, by majority vote of that board, may
15 rebuild or replace the home at its present location or another.
16     (c) No county shall be required to discontinue the use of
17 any shelter care or detention home in existence or in use on
18 the effective date of this amendatory Act of 1975 because of
19 the fact that the proposition to establish and maintain the
20 shelter care or detention home has not been submitted to the
21 voters as provided in this Act.
22     This amendatory Act of 1975 is not a limit on any county
23 which is a home rule unit.
24     (d) Cook County is not required to discontinue the use of
25 the Cook County Juvenile Temporary Detention Center or of any
26 other shelter care home or detention home in existence or in

 

 

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1 use on the effective date of this amendatory Act of the 95th
2 General Assembly because of the fact that the proposition to
3 establish and maintain it was not submitted to the voters as
4 provided in this Act.
5 (Source: P.A. 85-637.)
 
6     (55 ILCS 75/3)  (from Ch. 23, par. 2683)
7     Sec. 3. Administrator; necessary personnel; supplies or
8 repairs.
9     (a) The administrator and all other necessary personnel of
10 the shelter care home and detention home, shall be appointed by
11 the Chief Judge of the Circuit Court or any Judge of that
12 Circuit designated by the Chief Judge, to serve at the pleasure
13 of the appointing authority. Each shall receive a monthly
14 salary fixed by the county board. Personnel shall also be
15 reimbursed for their actual and necessary expenses incurred in
16 the performance of their duties. The expenses shall be
17 reimbursed at least monthly upon proper certification by the
18 court.
19     The supplies or repairs necessary to maintain, operate and
20 conduct the shelter care home and the detention home shall be
21 furnished upon the requisition of its administrator to the
22 chairman of a committee as may be designated by the county
23 board, and the bills therefor shall be audited, passed upon and
24 paid as other bills for supplies furnished for county
25 institutions.

 

 

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1     (b) Within 180 days after the effective date of this
2 amendatory Act of the 95th General Assembly, the Chief Judge of
3 the Cook County Circuit Court, or any Judge of that Circuit
4 designated by the Chief Judge, shall appoint an administrator
5 to serve as the Superintendent of the Cook County Temporary
6 Juvenile Detention Center. The Chief Judge of the Cook County
7 Circuit Court, or any Judge of that Circuit designated by the
8 Chief Judge shall appoint all other necessary personnel of the
9 Cook County Juvenile Temporary Detention Center and any other
10 shelter care home or detention home in Cook County in
11 accordance with subsections (a) and (d) of this Section. The
12 term of the administrator and any personnel in office upon the
13 effective date of this amendatory Act of the 95th General
14 Assembly shall terminate upon the appointment of his or her
15 successor.
16     (c) The Chief Judge of the Cook County Circuit Court, or
17 any Judge of that Circuit designated by the Chief Judge, shall
18 have administrative control over the budget of the Cook County
19 Juvenile Temporary Detention Center and any other shelter care
20 home or detention home in Cook County, subject to the approval
21 of the Cook County Board and in accordance with subsections (a)
22 and (d) of this Section.
23     (d) The supplies or repairs necessary to maintain, operate,
24 and conduct the shelter care home and the detention home shall
25 be furnished upon the requisition of its administrator to the
26 chairman of a committee as may be designated by the county

 

 

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1 board, however in Cook County the administrator shall submit
2 such requisitions to the County Board and Office of the
3 Purchasing Agent in accordance with the ordinances established
4 by the Cook County Board. Those bills shall be audited, passed
5 upon and paid as other bills for supplies furnished for county
6 institutions.
7 (Source: P.A. 85-637.)
 
8     (55 ILCS 75/9.1)  (from Ch. 23, par. 2689.1)
9     Sec. 9.1. (a) Within 6 months after the effective date of
10 this amendatory Act of 1979, all county detention homes or
11 independent sections thereof established prior to such
12 effective date shall be designated as either shelter care or
13 detention homes or both, provided physical arrangements are
14 created clearly separating the two, in accordance with their
15 basic physical features, programs and functions, by the
16 Department of Juvenile Justice in cooperation with the Chief
17 Judge of the Circuit Court and the county board. Within one
18 year after receiving notification of such designation by the
19 Department of Juvenile Justice, all county shelter care homes
20 and detention homes shall be in compliance with this Act.
21     (b) Compliance with this amendatory Act of 1979 shall not
22 affect the validity of any prior referendum or the levy or
23 collection of any tax authorized under this Act. All county
24 shelter care homes and detention homes established and in
25 operation on the effective date of this amendatory Act of 1979

 

 

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1 may continue to operate, subject to the provisions of this
2 amendatory Act of 1979, without further referendum.
3     (c) Compliance with this amendatory Act of 1987 shall not
4 affect the validity of any prior referendum or the levy or
5 collection of any tax authorized under this Act. All county
6 shelter care homes and detention homes established and in
7 operation on the effective date of this amendatory Act of 1987
8 may continue to operate, subject to the provisions of this
9 amendatory Act of 1987, without further referendum.
10     (d) Upon the effective date of this amendatory Act of the
11 95th General Assembly, all county shelter care homes and
12 detention homes in Cook County, including the Cook County
13 Juvenile Temporary Detention Center, established and in
14 operation on or before the effective date of this amendatory
15 Act of the 95th General Assembly must be in compliance with
16 this Act and may continue to operate without further
17 referendum.
18 (Source: P.A. 94-696, eff. 6-1-06.)
 
19     (55 ILCS 75/9.2 new)
20     Sec. 9.2. Home rule. A county, including a home rule
21 county, may not regulate shelter care homes and detention homes
22 in a manner that is inconsistent with this Act. This Act is a
23 limitation under subsection (i) of Section 6 of Article VII of
24 the Illinois Constitution on the concurrent exercise by home
25 rule units of powers and functions exercised by the State.
 

 

 

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1     Section 90. The State Mandates Act is amended by adding
2 Section 8.31 as follows:
 
3     (30 ILCS 805/8.31 new)
4     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
5 of this Act, no reimbursement by the State is required for the
6 implementation of any mandate created by this amendatory Act of
7 the 95th General Assembly.".