Full Text of SB2821 95th General Assembly
SB2821eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning juveniles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Interstate Compact for Juveniles Act of 2008. | 6 |
| Section 5. Purposes. | 7 |
| (a) The interstate compact on juveniles was established in | 8 |
| 1955 and is the compact addressing the needs of juveniles | 9 |
| within the juvenile justice system who move between states and | 10 |
| has not been sufficiently updated in its more than 50-year | 11 |
| existence. | 12 |
| (b) This compact is the only vehicle for the interstate | 13 |
| supervision of juvenile offenders, the return of absconders and | 14 |
| escapees, and runaways. | 15 |
| (c) The complexities of the compact have become more | 16 |
| difficult to administer, and many jurisdictions have expanded | 17 |
| supervision expectations to include currently unregulated | 18 |
| practices such as victim input, victim notification | 19 |
| requirements, and sex offender registration, and age-related | 20 |
| issues. | 21 |
| (d) After the successful adoption 4 years ago of a new | 22 |
| interstate compact for adult offenders, the need for an updated | 23 |
| compact for juveniles became apparent. |
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| (e) After exhaustive research and a detailed study, the | 2 |
| Office of Juvenile Justice and Delinquency Prevention and the | 3 |
| Council of State Governments has recommended that the following | 4 |
| compact be adopted by each state and territory in the United | 5 |
| States, to better address public safety, enforcement, | 6 |
| accountability, and communications among the states. | 7 |
| (f) The National District Attorneys Association, the | 8 |
| National Center for Missing and Exploited Children, the | 9 |
| National Juvenile Detention Association all join with the | 10 |
| Office of Juvenile Justice and Delinquency Prevention and the | 11 |
| Council of State Governments to recommend the adoption of this | 12 |
| interstate compact.
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| Section 10. Interstate Compact for Juveniles. The Governor | 14 |
| is hereby authorized to enter into a compact on behalf of this | 15 |
| State with any of the United States legally joining therein in | 16 |
| the form substantially as follows: | 17 |
| THE INTERSTATE COMPACT FOR JUVENILES | 18 |
| ARTICLE I | 19 |
| PURPOSE | 20 |
| The compacting states to this Interstate Compact recognize | 21 |
| that each state is responsible for the proper supervision or | 22 |
| return of juveniles, delinquents and status offenders who are | 23 |
| on probation or parole and who have absconded, escaped or run | 24 |
| away from supervision and control and in so doing have | 25 |
| endangered their own safety and the safety of others. The |
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| compacting states also recognize that each state is responsible | 2 |
| for the safe return of juveniles who have run away from home | 3 |
| and in doing so have left their state of residence. The | 4 |
| compacting states also recognize that Congress, by enacting the | 5 |
| Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized | 6 |
| and encouraged compacts for cooperative efforts and mutual | 7 |
| assistance in the prevention of crime. | 8 |
| It is the purpose of this compact, through means of joint | 9 |
| and cooperative action among the compacting states to: (A) | 10 |
| ensure that the adjudicated juveniles and status offenders | 11 |
| subject to this compact are provided adequate supervision and | 12 |
| services in the receiving state as ordered by the adjudicating | 13 |
| judge or parole authority in the sending state; (B) ensure that | 14 |
| the public safety interests of the citizens, including the | 15 |
| victims of juvenile offenders, in both the sending and | 16 |
| receiving states are adequately protected; (C) return | 17 |
| juveniles who have run away, absconded or escaped from | 18 |
| supervision or control or have been accused of an offense to | 19 |
| the state requesting their return; (D) make contracts for the | 20 |
| cooperative institutionalization in public facilities in | 21 |
| member states for delinquent youth needing special services; | 22 |
| (E) provide for the effective tracking and supervision of | 23 |
| juveniles; (F) equitably allocate the costs, benefits and | 24 |
| obligations of the compacting states; (G) establish procedures | 25 |
| to manage the movement between states of juvenile offenders | 26 |
| released to the community under the jurisdiction of courts, |
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| juvenile departments, or any other criminal or juvenile justice | 2 |
| agency which has jurisdiction over juvenile offenders; (H) | 3 |
| insure immediate notice to jurisdictions where defined | 4 |
| offenders are authorized to travel or to relocate across state | 5 |
| lines; (I) establish procedures to resolve pending charges | 6 |
| (detainers) against juvenile offenders prior to transfer or | 7 |
| release to the community under the terms of this compact; (J) | 8 |
| establish a system of uniform data collection on information | 9 |
| pertaining to juveniles subject to this compact that allows | 10 |
| access by authorized juvenile justice and criminal justice | 11 |
| officials, and regular reporting of Compact activities to heads | 12 |
| of state executive, judicial, and legislative branches and | 13 |
| juvenile and criminal justice administrators; (K) monitor | 14 |
| compliance with rules governing interstate movement of | 15 |
| juveniles and initiate interventions to address and correct | 16 |
| non-compliance; (L) coordinate training and education | 17 |
| regarding the regulation of interstate movement of juveniles | 18 |
| for officials involved in such activity; and (M) coordinate the | 19 |
| implementation and operation of the compact with the Interstate | 20 |
| Compact for the Placement of Children, the Interstate Compact | 21 |
| for Adult Offender Supervision and other compacts affecting | 22 |
| juveniles particularly in those cases where concurrent or | 23 |
| overlapping supervision issues arise. It is the policy of the | 24 |
| compacting states that the activities conducted by the | 25 |
| Interstate Commission created herein are the formation of | 26 |
| public policies and therefore are public business. |
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| Furthermore, the compacting states shall cooperate and observe | 2 |
| their individual and collective duties and responsibilities | 3 |
| for the prompt return and acceptance of juveniles subject to | 4 |
| the provisions of this compact. The provisions of this compact | 5 |
| shall be reasonably and liberally construed to accomplish the | 6 |
| purposes and policies of the compact. | 7 |
| ARTICLE II | 8 |
| DEFINITIONS | 9 |
| As used in this compact, unless the context clearly | 10 |
| requires a different construction: | 11 |
| A. "By-laws" means: those by-laws established by the | 12 |
| Interstate Commission for its governance, or for directing or | 13 |
| controlling its actions or conduct. | 14 |
| B. "Compact Administrator" means: the individual in each | 15 |
| compacting state appointed pursuant to the terms of this | 16 |
| compact, responsible for the administration and management of | 17 |
| the state's supervision and transfer of juveniles subject to | 18 |
| the terms of this compact, the rules adopted by the Interstate | 19 |
| Commission and policies adopted by the State Council under this | 20 |
| compact. | 21 |
| C. "Compacting State" means: any state which has enacted | 22 |
| the enabling legislation for this compact. | 23 |
| D. "Commissioner" means: the voting representative of each | 24 |
| compacting state appointed pursuant to Article III of this | 25 |
| compact. | 26 |
| E. "Court" means: any court having jurisdiction over |
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| delinquent, neglected, or dependent children. | 2 |
| F. "Deputy Compact Administrator" means: the individual, | 3 |
| if any, in each compacting state appointed to act on behalf of | 4 |
| a Compact Administrator pursuant to the terms of this compact | 5 |
| responsible for the administration and management of the | 6 |
| state's supervision and transfer of juveniles subject to the | 7 |
| terms of this compact, the rules adopted by the Interstate | 8 |
| Commission and policies adopted by the State Council under this | 9 |
| compact. | 10 |
| G. "Interstate Commission" means: the Interstate | 11 |
| Commission for Juveniles created by Article III of this | 12 |
| compact. | 13 |
| H. "Juvenile" means: any person defined as a juvenile in | 14 |
| any member state or by the rules of the Interstate Commission, | 15 |
| including: | 16 |
| (1) Accused Delinquent - a person charged with an | 17 |
| offense that, if committed by an adult, would be a criminal | 18 |
| offense; | 19 |
| (2) Adjudicated Delinquent - a person found to have | 20 |
| committed an offense that, if committed by an adult, would | 21 |
| be a criminal offense; | 22 |
| (3) Accused Status Offender - a person charged with an | 23 |
| offense that would not be a criminal offense if committed | 24 |
| by an adult; | 25 |
| (4) Adjudicated Status Offender - a person found to | 26 |
| have committed an offense that would not be a criminal |
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| offense if committed by an adult; and | 2 |
| (5) Non-Offender - a person in need of supervision who | 3 |
| has not been accused or adjudicated a status offender or | 4 |
| delinquent. | 5 |
| I. "Non-Compacting state" means: any state which has not | 6 |
| enacted the enabling legislation for this compact. | 7 |
| J. "Probation or Parole" means: any kind of supervision or | 8 |
| conditional release of juveniles authorized under the laws of | 9 |
| the compacting states. | 10 |
| K. "Rule" means: a written statement by the Interstate | 11 |
| Commission promulgated pursuant to Article VI of this compact | 12 |
| that is of general applicability, implements, interprets or | 13 |
| prescribes a policy or provision of the Compact, or an | 14 |
| organizational, procedural, or practice requirement of the | 15 |
| Commission, and has the force and effect of statutory law in a | 16 |
| compacting state, and includes the amendment, repeal, or | 17 |
| suspension of an existing rule. | 18 |
| L. "State" means: a state of the United States, the | 19 |
| District of Columbia (or its designee), the Commonwealth of | 20 |
| Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and | 21 |
| the Northern Marianas Islands. | 22 |
| ARTICLE III | 23 |
| INTERSTATE COMMISSION FOR JUVENILES | 24 |
| A. The compacting states hereby create the "Interstate | 25 |
| Commission for Juveniles." The commission shall be a body | 26 |
| corporate and joint agency of the compacting states. The |
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| commission shall have all the responsibilities, powers and | 2 |
| duties set forth herein, and such additional powers as may be | 3 |
| conferred upon it by subsequent action of the respective | 4 |
| legislatures of the compacting states in accordance with the | 5 |
| terms of this compact. | 6 |
| B. The Interstate Commission shall consist of | 7 |
| commissioners appointed by the appropriate appointing | 8 |
| authority in each state pursuant to the rules and requirements | 9 |
| of each compacting state and in consultation with the State | 10 |
| Council for Interstate Juvenile Supervision created hereunder. | 11 |
| The commissioner shall be the compact administrator, deputy | 12 |
| compact administrator or designee from that state who shall | 13 |
| serve on the Interstate Commission in such capacity under or | 14 |
| pursuant to the applicable law of the compacting state. | 15 |
| C. In addition to the commissioners who are the voting | 16 |
| representatives of each state, the Interstate Commission shall | 17 |
| include individuals who are not commissioners, but who are | 18 |
| members of interested organizations. Such non-commissioner | 19 |
| members must include a member of the national organizations of | 20 |
| governors, legislators, state chief justices, attorneys | 21 |
| general, Interstate Compact for Adult Offender Supervision, | 22 |
| Interstate Compact for the Placement of Children, juvenile | 23 |
| justice and juvenile corrections officials, and crime victims. | 24 |
| All non-commissioner members of the Interstate Commission | 25 |
| shall be ex-officio (non-voting) members. The Interstate | 26 |
| Commission may provide in its by-laws for such additional |
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| ex-officio (non-voting) members, including members of other | 2 |
| national organizations, in such numbers as shall be determined | 3 |
| by the commission. | 4 |
| D. Each compacting state represented at any meeting of the | 5 |
| commission is entitled to one vote. A majority of the | 6 |
| compacting states shall constitute a quorum for the transaction | 7 |
| of business, unless a larger quorum is required by the by-laws | 8 |
| of the Interstate Commission. | 9 |
| E. The commission shall meet at least once each calendar | 10 |
| year. The chairperson may call additional meetings and, upon | 11 |
| the request of a simple majority of the compacting states, | 12 |
| shall call additional meetings. Public notice shall be given of | 13 |
| all meetings and meetings shall be open to the public. | 14 |
| F. The Interstate Commission shall establish an executive | 15 |
| committee, which shall include commission officers, members, | 16 |
| and others as determined by the by-laws. The executive | 17 |
| committee shall have the power to act on behalf of the | 18 |
| Interstate Commission during periods when the Interstate | 19 |
| Commission is not in session, with the exception of rulemaking | 20 |
| and/or amendment to the compact. The executive committee shall | 21 |
| oversee the day-to-day activities of the administration of the | 22 |
| compact managed by an executive director and Interstate | 23 |
| Commission staff; administers enforcement and compliance with | 24 |
| the provisions of the compact, its by-laws and rules, and | 25 |
| performs such other duties as directed by the Interstate | 26 |
| Commission or set forth in the by-laws. |
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| G. Each member of the Interstate Commission shall have the | 2 |
| right and power to cast a vote to which that compacting state | 3 |
| is entitled and to participate in the business and affairs of | 4 |
| the Interstate Commission. A member shall vote in person and | 5 |
| shall not delegate a vote to another compacting state. However, | 6 |
| a commissioner, in consultation with the state council, shall | 7 |
| appoint another authorized representative, in the absence of | 8 |
| the commissioner from that state, to cast a vote on behalf of | 9 |
| the compacting state at a specified meeting. The by-laws may | 10 |
| provide for members' participation in meetings by telephone or | 11 |
| other means of telecommunication or electronic communication. | 12 |
| H. The Interstate Commission's by-laws shall establish | 13 |
| conditions and procedures under which the Interstate | 14 |
| Commission shall make its information and official records | 15 |
| available to the public for inspection or copying. The | 16 |
| Interstate Commission may exempt from disclosure any | 17 |
| information or official records to the extent they would | 18 |
| adversely affect personal privacy rights or proprietary | 19 |
| interests. | 20 |
| I. Public notice shall be given of all meetings and all | 21 |
| meetings shall be open to the public, except as set forth in | 22 |
| the Rules or as otherwise provided in the Compact. The | 23 |
| Interstate Commission and any of its committees may close a | 24 |
| meeting to the public where it determines by two-thirds vote | 25 |
| that an open meeting would be likely to: | 26 |
| 1. Relate solely to the Interstate Commission's |
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| internal personnel practices and procedures; | 2 |
| 2. Disclose matters specifically exempted from | 3 |
| disclosure by statute; | 4 |
| 3. Disclose trade secrets or commercial or financial | 5 |
| information which is privileged or confidential; | 6 |
| 4. Involve accusing any person of a crime, or formally | 7 |
| censuring any person; | 8 |
| 5. Disclose information of a personal nature where | 9 |
| disclosure would constitute a clearly unwarranted invasion | 10 |
| of personal privacy; | 11 |
| 6. Disclose investigative records compiled for law | 12 |
| enforcement purposes; | 13 |
| 7. Disclose information contained in or related to | 14 |
| examination, operating or condition reports prepared by, | 15 |
| or on behalf of or for the use of, the Interstate | 16 |
| Commission with respect to a regulated person or entity for | 17 |
| the purpose of regulation or supervision of such person or | 18 |
| entity; | 19 |
| 8. Disclose information, the premature disclosure of | 20 |
| which would significantly endanger the stability of a | 21 |
| regulated person or entity; or | 22 |
| 9. Specifically relate to the Interstate Commission's | 23 |
| issuance of a subpoena, or its participation in a civil | 24 |
| action or other legal proceeding. | 25 |
| J. For every meeting closed pursuant to this provision, the | 26 |
| Interstate Commission's legal counsel shall publicly certify |
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| that, in the legal counsel's opinion, the meeting may be closed | 2 |
| to the public, and shall reference each relevant exemptive | 3 |
| provision. The Interstate Commission shall keep minutes which | 4 |
| shall fully and clearly describe all matters discussed in any | 5 |
| meeting and shall provide a full and accurate summary of any | 6 |
| actions taken, and the reasons therefore, including a | 7 |
| description of each of the views expressed on any item and the | 8 |
| record of any roll call vote (reflected in the vote of each | 9 |
| member on the question). All documents considered in connection | 10 |
| with any action shall be identified in such minutes. | 11 |
| K. The Interstate Commission shall collect standardized | 12 |
| data concerning the interstate movement of juveniles as | 13 |
| directed through its rules which shall specify the data to be | 14 |
| collected, the means of collection and data exchange and | 15 |
| reporting requirements. Such methods of data collection, | 16 |
| exchange and reporting shall insofar as is reasonably possible | 17 |
| conform to up-to-date technology and coordinate its | 18 |
| information functions with the appropriate repository of | 19 |
| records. | 20 |
| ARTICLE IV | 21 |
| POWERS AND DUTIES OF THE INTERSTATE COMMISSION | 22 |
| The commission shall have the following powers and duties: | 23 |
| 1. To provide for dispute resolution among compacting | 24 |
| states. | 25 |
| 2. To promulgate rules to effect the purposes and | 26 |
| obligations as enumerated in this compact, which shall have the |
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| force and effect of statutory law and shall be binding in the | 2 |
| compacting states to the extent and in the manner provided in | 3 |
| this compact. | 4 |
| 3. To oversee, supervise and coordinate the interstate | 5 |
| movement of juveniles subject to the terms of this compact and | 6 |
| any by-laws adopted and rules promulgated by the Interstate | 7 |
| Commission. | 8 |
| 4. To enforce compliance with the compact provisions, the | 9 |
| rules promulgated by the Interstate Commission, and the | 10 |
| by-laws, using all necessary and proper means, including but | 11 |
| not limited to the use of judicial process. | 12 |
| 5. To establish and maintain offices which shall be located | 13 |
| within one or more of the compacting states. | 14 |
| 6. To purchase and maintain insurance and bonds. | 15 |
| 7. To borrow, accept, hire or contract for services of | 16 |
| personnel. | 17 |
| 8. To establish and appoint committees and hire staff which | 18 |
| it deems necessary for the carrying out of its functions | 19 |
| including, but not limited to, an executive committee as | 20 |
| required by Article III which shall have the power to act on | 21 |
| behalf of the Interstate Commission in carrying out its powers | 22 |
| and duties hereunder. | 23 |
| 9. To elect or appoint such officers, attorneys, employees, | 24 |
| agents, or consultants, and to fix their compensation, define | 25 |
| their duties and determine their qualifications; and to | 26 |
| establish the Interstate Commission's personnel policies and |
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| programs relating to, inter alia, conflicts of interest, rates | 2 |
| of compensation, and qualifications of personnel. | 3 |
| 10. To accept any and all donations and grants of money, | 4 |
| equipment, supplies, materials, and services, and to receive, | 5 |
| utilize, and dispose of it. | 6 |
| 11. To lease, purchase, accept contributions or donations | 7 |
| of, or otherwise to own, hold, improve or use any property, | 8 |
| real, personal, or mixed. | 9 |
| 12. To sell, convey, mortgage, pledge, lease, exchange, | 10 |
| abandon, or otherwise dispose of any property, real, personal | 11 |
| or mixed. | 12 |
| 13. To establish a budget and make expenditures and levy | 13 |
| dues as provided in Article VIII of this compact. | 14 |
| 14. To sue and be sued. | 15 |
| 15. To adopt a seal and by-laws governing the management | 16 |
| and operation of the Interstate Commission. | 17 |
| 16. To perform such functions as may be necessary or | 18 |
| appropriate to achieve the purposes of this compact. | 19 |
| 17. To report annually to the legislatures, governors, | 20 |
| judiciary, and state councils of the compacting states | 21 |
| concerning the activities of the Interstate Commission during | 22 |
| the preceding year. Such reports shall also include any | 23 |
| recommendations that may have been adopted by the Interstate | 24 |
| Commission. | 25 |
| 18. To coordinate education, training and public awareness | 26 |
| regarding the interstate movement of juveniles for officials |
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| involved in such activity. | 2 |
| 19. To establish uniform standards of the reporting, | 3 |
| collecting and exchanging of data. | 4 |
| 20. The Interstate Commission shall maintain its corporate | 5 |
| books and records in accordance with the By-laws. | 6 |
| ARTICLE V | 7 |
| ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION | 8 |
| Section A. By-laws | 9 |
| 1. The Interstate Commission shall, by a majority of the | 10 |
| members present and voting, within twelve months after the | 11 |
| first Interstate Commission meeting, adopt by-laws to govern | 12 |
| its conduct as may be necessary or appropriate to carry out the | 13 |
| purposes of the compact, including, but not limited to: | 14 |
| a. Establishing the fiscal year of the Interstate | 15 |
| Commission; | 16 |
| b. Establishing an executive committee and such other | 17 |
| committees as may be necessary; | 18 |
| c. Provide for the establishment of committees | 19 |
| governing any general or specific delegation of any | 20 |
| authority or function of the Interstate Commission; | 21 |
| d. Providing reasonable procedures for calling and | 22 |
| conducting meetings of the Interstate Commission, and | 23 |
| ensuring reasonable notice of each such meeting; | 24 |
| e. Establishing the titles and responsibilities of the | 25 |
| officers of the Interstate Commission; | 26 |
| f. Providing a mechanism for concluding the operations |
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| of the Interstate Commission and the return of any surplus | 2 |
| funds that may exist upon the termination of the Compact | 3 |
| after the payment and/or reserving of all of its debts and | 4 |
| obligations. | 5 |
| g. Providing "start-up" rules for initial | 6 |
| administration of the compact; and | 7 |
| h. Establishing standards and procedures for | 8 |
| compliance and technical assistance in carrying out the | 9 |
| compact. | 10 |
| Section B. Officers and Staff | 11 |
| 1. The Interstate Commission shall, by a majority of the | 12 |
| members, elect annually from among its members a chairperson | 13 |
| and a vice chairperson, each of whom shall have such authority | 14 |
| and duties as may be specified in the by-laws. The chairperson | 15 |
| or, in the chairperson's absence or disability, the | 16 |
| vice-chairperson shall preside at all meetings of the | 17 |
| Interstate Commission. The officers so elected shall serve | 18 |
| without compensation or remuneration from the Interstate | 19 |
| Commission; provided that, subject to the availability of | 20 |
| budgeted funds, the officers shall be reimbursed for any | 21 |
| ordinary and necessary costs and expenses incurred by them in | 22 |
| the performance of their duties and responsibilities as | 23 |
| officers of the Interstate Commission. | 24 |
| 2. The Interstate Commission shall, through its executive | 25 |
| committee, appoint or retain an executive director for such | 26 |
| period, upon such terms and conditions and for such |
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| compensation as the Interstate Commission may deem | 2 |
| appropriate. The executive director shall serve as secretary to | 3 |
| the Interstate Commission, but shall not be a Member and shall | 4 |
| hire and supervise such other staff as may be authorized by the | 5 |
| Interstate Commission. | 6 |
| Section C. Qualified Immunity, Defense and Indemnification | 7 |
| 1. The Commission's executive director and employees shall | 8 |
| be immune from suit and liability, either personally or in | 9 |
| their official capacity, for any claim for damage to or loss of | 10 |
| property or personal injury or other civil liability caused or | 11 |
| arising out of or relating to any actual or alleged act, error, | 12 |
| or omission that occurred, or that such person had a reasonable | 13 |
| basis for believing occurred within the scope of Commission | 14 |
| employment, duties, or responsibilities; provided, that any | 15 |
| such person shall not be protected from suit or liability for | 16 |
| any damage, loss, injury, or liability caused by the | 17 |
| intentional or willful and wanton misconduct of any such | 18 |
| person. | 19 |
| 2. The liability of any commissioner, or the employee or | 20 |
| agent of a commissioner, acting within the scope of such | 21 |
| person's employment or duties for acts, errors, or omissions | 22 |
| occurring within such person's state may not exceed the limits | 23 |
| of liability set forth under the Constitution and laws of that | 24 |
| state for state officials, employees, and agents. Nothing in | 25 |
| this subsection shall be construed to protect any such person | 26 |
| from suit or liability for any damage, loss, injury, or |
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| liability caused by the intentional or willful and wanton | 2 |
| misconduct of any such person. | 3 |
| 3. The Interstate Commission shall defend the executive | 4 |
| director or the employees or representatives of the Interstate | 5 |
| Commission and, subject to the approval of the Attorney General | 6 |
| of the state represented by any commissioner of a compacting | 7 |
| state, shall defend such commissioner or the commissioner's | 8 |
| representatives or employees in any civil action seeking to | 9 |
| impose liability arising out of any actual or alleged act, | 10 |
| error or omission that occurred within the scope of Interstate | 11 |
| Commission employment, duties or responsibilities, or that the | 12 |
| defendant had a reasonable basis for believing occurred within | 13 |
| the scope of Interstate Commission employment, duties, or | 14 |
| responsibilities, provided that the actual or alleged act, | 15 |
| error, or omission did not result from intentional or willful | 16 |
| and wanton misconduct on the part of such person. | 17 |
| 4. The Interstate Commission shall indemnify and hold the | 18 |
| commissioner of a compacting state, or the commissioner's | 19 |
| representatives or employees, or the Interstate Commission's | 20 |
| representatives or employees, harmless in the amount of any | 21 |
| settlement or judgment obtained against such persons arising | 22 |
| out of any actual or alleged act, error, or omission that | 23 |
| occurred within the scope of Interstate Commission employment, | 24 |
| duties, or responsibilities, or that such persons had a | 25 |
| reasonable basis for believing occurred within the scope of | 26 |
| Interstate Commission employment, duties, or responsibilities, |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| provided that the actual or alleged act, error, or omission did | 2 |
| not result from intentional or willful and wanton misconduct on | 3 |
| the part of such persons. | 4 |
| ARTICLE VI | 5 |
| RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION | 6 |
| A. The Interstate Commission shall promulgate and publish | 7 |
| rules in order to effectively and efficiently achieve the | 8 |
| purposes of the compact. | 9 |
| B. Rulemaking shall occur pursuant to the criteria set | 10 |
| forth in this article and the by-laws and rules adopted | 11 |
| pursuant thereto. Such rulemaking shall substantially conform | 12 |
| to the principles of the "Model State Administrative Procedures | 13 |
| Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or | 14 |
| such other administrative procedures act, as the Interstate | 15 |
| Commission deems appropriate consistent with due process | 16 |
| requirements under the U.S. Constitution as now or hereafter | 17 |
| interpreted by the U. S. Supreme Court. All rules and | 18 |
| amendments shall become binding as of the date specified, as | 19 |
| published with the final version of the rule as approved by the | 20 |
| Commission. | 21 |
| C. When promulgating a rule, the Interstate Commission | 22 |
| shall, at a minimum: | 23 |
| 1. publish the proposed rule's entire text stating the | 24 |
| reason(s) for that proposed rule; | 25 |
| 2. allow and invite any and all persons to submit | 26 |
| written data, facts, opinions and arguments, which |
|
|
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SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| information shall be added to the record, and be made | 2 |
| publicly available; | 3 |
| 3. provide an opportunity for an informal hearing if | 4 |
| petitioned by ten (10) or more persons; and | 5 |
| 4. promulgate a final rule and its effective date, if | 6 |
| appropriate, based on input from state or local officials, | 7 |
| or interested parties. | 8 |
| D. Allow, not later than sixty days after a rule is | 9 |
| promulgated, any interested person to file a petition in the | 10 |
| United States District Court for the District of Columbia or in | 11 |
| the Federal District Court where the Interstate Commission's | 12 |
| principal office is located for judicial review of such rule. | 13 |
| If the court finds that the Interstate Commission's action is | 14 |
| not supported by substantial evidence in the rulemaking record, | 15 |
| the court shall hold the rule unlawful and set it aside. For | 16 |
| purposes of this subsection, evidence is substantial if it | 17 |
| would be considered substantial evidence under the Model State | 18 |
| Administrative Procedures Act. | 19 |
| E. If a majority of the legislatures of the compacting | 20 |
| states rejects a rule, those states may, by enactment of a | 21 |
| statute or resolution in the same manner used to adopt the | 22 |
| compact, cause that such rule shall have no further force and | 23 |
| effect in any compacting state. | 24 |
| F. The existing rules governing the operation of the | 25 |
| Interstate Compact on Juveniles superceded by this act shall be | 26 |
| null and void twelve (12) months after the first meeting of the |
|
|
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SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| Interstate Commission created hereunder. | 2 |
| G. Upon determination by the Interstate Commission that a | 3 |
| state-of-emergency exists, it may promulgate an emergency rule | 4 |
| which shall become effective immediately upon adoption, | 5 |
| provided that the usual rulemaking procedures provided | 6 |
| hereunder shall be retroactively applied to said rule as soon | 7 |
| as reasonably possible, but no later than ninety (90) days | 8 |
| after the effective date of the emergency rule. | 9 |
| ARTICLE VII | 10 |
| OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE | 11 |
| INTERSTATE COMMISSION | 12 |
| Section A. Oversight | 13 |
| 1. The Interstate Commission shall oversee the | 14 |
| administration and operations of the interstate movement of | 15 |
| juveniles subject to this compact in the compacting states and | 16 |
| shall monitor such activities being administered in | 17 |
| non-compacting states which may significantly affect | 18 |
| compacting states. | 19 |
| 2. The courts and executive agencies in each compacting | 20 |
| state shall enforce this compact and shall take all actions | 21 |
| necessary and appropriate to effectuate the compact's purposes | 22 |
| and intent. The provisions of this compact and the rules | 23 |
| promulgated hereunder shall be received by all the judges, | 24 |
| public officers, commissions, and departments of the state | 25 |
| government as evidence of the authorized statute and | 26 |
| administrative rules. All courts shall take judicial notice of |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| the compact and the rules. In any judicial or administrative | 2 |
| proceeding in a compacting state pertaining to the subject | 3 |
| matter of this compact which may affect the powers, | 4 |
| responsibilities or actions of the Interstate Commission, it | 5 |
| shall be entitled to receive all service of process in any such | 6 |
| proceeding, and shall have standing to intervene in the | 7 |
| proceeding for all purposes. | 8 |
| Section B. Dispute Resolution | 9 |
| 1. The compacting states shall report to the Interstate | 10 |
| Commission on all issues and activities necessary for the | 11 |
| administration of the compact as well as issues and activities | 12 |
| pertaining to compliance with the provisions of the compact and | 13 |
| its bylaws and rules. | 14 |
| 2. The Interstate Commission shall attempt, upon the | 15 |
| request of a compacting state, to resolve any disputes or other | 16 |
| issues which are subject to the compact and which may arise | 17 |
| among compacting states and between compacting and | 18 |
| non-compacting states. The commission shall promulgate a rule | 19 |
| providing for both mediation and binding dispute resolution for | 20 |
| disputes among the compacting states. | 21 |
| 3. The Interstate Commission, in the reasonable exercise of | 22 |
| its discretion, shall enforce the provisions and rules of this | 23 |
| compact using any or all means set forth in Article XI of this | 24 |
| compact. | 25 |
| ARTICLE VIII | 26 |
| FINANCE |
|
|
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SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| A. The Interstate Commission shall pay or provide for the | 2 |
| payment of the reasonable expenses of its establishment, | 3 |
| organization and ongoing activities. | 4 |
| B. The Interstate Commission shall levy on and collect an | 5 |
| annual assessment from each compacting state to cover the cost | 6 |
| of the internal operations and activities of the Interstate | 7 |
| Commission and its staff which must be in a total amount | 8 |
| sufficient to cover the Interstate Commission's annual budget | 9 |
| as approved each year. The aggregate annual assessment amount | 10 |
| shall be allocated based upon a formula to be determined by the | 11 |
| Interstate Commission, taking into consideration the | 12 |
| population of each compacting state and the volume of | 13 |
| interstate movement of juveniles in each compacting state and | 14 |
| shall promulgate a rule binding upon all compacting states | 15 |
| which governs said assessment. | 16 |
| C. The Interstate Commission shall not incur any | 17 |
| obligations of any kind prior to securing the funds adequate to | 18 |
| meet the same; nor shall the Interstate Commission pledge the | 19 |
| credit of any of the compacting states, except by and with the | 20 |
| authority of the compacting state. | 21 |
| D. The Interstate Commission shall keep accurate accounts | 22 |
| of all receipts and disbursements. The receipts and | 23 |
| disbursements of the Interstate Commission shall be subject to | 24 |
| the audit and accounting procedures established under its | 25 |
| by-laws. However, all receipts and disbursements of funds | 26 |
| handled by the Interstate Commission shall be audited yearly by |
|
|
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SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
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| 1 |
| a certified or licensed public accountant and the report of the | 2 |
| audit shall be included in and become part of the annual report | 3 |
| of the Interstate Commission. | 4 |
| ARTICLE IX | 5 |
| THE STATE COUNCIL | 6 |
| Each member state shall create a State Council for | 7 |
| Interstate Juvenile Supervision. While each state may | 8 |
| determine the membership of its own state council, its | 9 |
| membership must include at least one representative from the | 10 |
| legislative, judicial, and executive branches of government, | 11 |
| victims groups, and the compact administrator, deputy compact | 12 |
| administrator or designee. Each compacting state retains the | 13 |
| right to determine the qualifications of the compact | 14 |
| administrator or deputy compact administrator. Each state | 15 |
| council will advise and may exercise oversight and advocacy | 16 |
| concerning that state's participation in Interstate Commission | 17 |
| activities and other duties as may be determined by that state, | 18 |
| including but not limited to, development of policy concerning | 19 |
| operations and procedures of the compact within that state. | 20 |
| ARTICLE X | 21 |
| COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT | 22 |
| A. Any state, the District of Columbia (or its designee), | 23 |
| the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, | 24 |
| American Samoa, and the Northern Marianas Islands as defined in | 25 |
| Article II of this compact is eligible to become a compacting | 26 |
| state. |
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|
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SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| B. The compact shall become effective and binding upon | 2 |
| legislative enactment of the compact into law by no less than | 3 |
| 35 of the states. The initial effective date shall be the later | 4 |
| of July 1, 2004 or upon enactment into law by the 35th | 5 |
| jurisdiction. Thereafter it shall become effective and binding | 6 |
| as to any other compacting state upon enactment of the compact | 7 |
| into law by that state. The governors of non-member states or | 8 |
| their designees shall be invited to participate in the | 9 |
| activities of the Interstate Commission on a non-voting basis | 10 |
| prior to adoption of the compact by all states and territories | 11 |
| of the United States. | 12 |
| C. The Interstate Commission may propose amendments to the | 13 |
| compact for enactment by the compacting states. No amendment | 14 |
| shall become effective and binding upon the Interstate | 15 |
| Commission and the compacting states unless and until it is | 16 |
| enacted into law by unanimous consent of the compacting states. | 17 |
| ARTICLE XI | 18 |
| WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT | 19 |
| Section A. Withdrawal | 20 |
| 1. Once effective, the compact shall continue in force and | 21 |
| remain binding upon each and every compacting state; provided | 22 |
| that a compacting state may withdraw from the compact by | 23 |
| specifically repealing the statute which enacted the compact | 24 |
| into law. | 25 |
| 2. The effective date of withdrawal is the effective date | 26 |
| of the repeal. |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| 3. The withdrawing state shall immediately notify the | 2 |
| chairperson of the Interstate Commission in writing upon the | 3 |
| introduction of legislation repealing this compact in the | 4 |
| withdrawing state. The Interstate Commission shall notify the | 5 |
| other compacting states of the withdrawing state's intent to | 6 |
| withdraw within sixty days of its receipt thereof. | 7 |
| 4. The withdrawing state is responsible for all | 8 |
| assessments, obligations and liabilities incurred through the | 9 |
| effective date of withdrawal, including any obligations, the | 10 |
| performance of which extend beyond the effective date of | 11 |
| withdrawal. | 12 |
| 5. Reinstatement following withdrawal of any compacting | 13 |
| state shall occur upon the withdrawing state reenacting the | 14 |
| compact or upon such later date as determined by the Interstate | 15 |
| Commission. | 16 |
| Section B. Technical Assistance, Fines, Suspension, | 17 |
| Termination and Default | 18 |
| 1. If the Interstate Commission determines that any | 19 |
| compacting state has at any time defaulted in the performance | 20 |
| of any of its obligations or responsibilities under this | 21 |
| compact, or the by-laws or duly promulgated rules, the | 22 |
| Interstate Commission may impose any or all of the following | 23 |
| penalties: | 24 |
| a. Remedial training and technical assistance as | 25 |
| directed by the Interstate Commission; | 26 |
| b. Alternative Dispute Resolution; |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| c. Fines, fees, and costs in such amounts as are deemed | 2 |
| to be reasonable as fixed by the Interstate Commission; and | 3 |
| d. Suspension or termination of membership in the | 4 |
| compact, which shall be imposed only after all other | 5 |
| reasonable means of securing compliance under the by-laws | 6 |
| and rules have been exhausted and the Interstate Commission | 7 |
| has therefore determined that the offending state is in | 8 |
| default. Immediate notice of suspension shall be given by | 9 |
| the Interstate Commission to the Governor, the Chief | 10 |
| Justice or the Chief Judicial Officer of the state, the | 11 |
| majority and minority leaders of the defaulting state's | 12 |
| legislature, and the state council. The grounds for default | 13 |
| include, but are not limited to, failure of a compacting | 14 |
| state to perform such obligations or responsibilities | 15 |
| imposed upon it by this compact, the by-laws, or duly | 16 |
| promulgated rules and any other grounds designated in | 17 |
| commission by-laws and rules. The Interstate Commission | 18 |
| shall immediately notify the defaulting state in writing of | 19 |
| the penalty imposed by the Interstate Commission and of the | 20 |
| default pending a cure of the default. The commission shall | 21 |
| stipulate the conditions and the time period within which | 22 |
| the defaulting state must cure its default. If the | 23 |
| defaulting state fails to cure the default within the time | 24 |
| period specified by the commission, the defaulting state | 25 |
| shall be terminated from the compact upon an affirmative | 26 |
| vote of a majority of the compacting states and all rights, |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| privileges and benefits conferred by this compact shall be | 2 |
| terminated from the effective date of termination. | 3 |
| 2. Within sixty days of the effective date of termination | 4 |
| of a defaulting state, the Commission shall notify the | 5 |
| Governor, the Chief Justice or Chief Judicial Officer, the | 6 |
| Majority and Minority Leaders of the defaulting state's | 7 |
| legislature, and the state council of such termination. | 8 |
| 3. The defaulting state is responsible for all assessments, | 9 |
| obligations and liabilities incurred through the effective | 10 |
| date of termination including any obligations, the performance | 11 |
| of which extends beyond the effective date of termination. | 12 |
| 4. The Interstate Commission shall not bear any costs | 13 |
| relating to the defaulting state unless otherwise mutually | 14 |
| agreed upon in writing between the Interstate Commission and | 15 |
| the defaulting state. | 16 |
| 5. Reinstatement following termination of any compacting | 17 |
| state requires both a reenactment of the compact by the | 18 |
| defaulting state and the approval of the Interstate Commission | 19 |
| pursuant to the rules. | 20 |
| Section C. Judicial Enforcement | 21 |
| The Interstate Commission may, by majority vote of the | 22 |
| members, initiate legal action in the United States District | 23 |
| Court for the District of Columbia or, at the discretion of the | 24 |
| Interstate Commission, in the federal district where the | 25 |
| Interstate Commission has its offices, to enforce compliance | 26 |
| with the provisions of the compact, its duly promulgated rules |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| and by-laws, against any compacting state in default. In the | 2 |
| event judicial enforcement is necessary the prevailing party | 3 |
| shall be awarded all costs of such litigation including | 4 |
| reasonable attorneys fees. | 5 |
| Section D. Dissolution of Compact | 6 |
| 1. The compact dissolves effective upon the date of the | 7 |
| withdrawal or default of the compacting state, which reduces | 8 |
| membership in the compact to one compacting state. | 9 |
| 2. Upon the dissolution of this compact, the compact | 10 |
| becomes null and void and shall be of no further force or | 11 |
| effect, and the business and affairs of the Interstate | 12 |
| Commission shall be concluded and any surplus funds shall be | 13 |
| distributed in accordance with the by-laws. | 14 |
| ARTICLE XII | 15 |
| SEVERABILITY AND CONSTRUCTION | 16 |
| A. The provisions of this compact shall be severable, and | 17 |
| if any phrase, clause, sentence or provision is deemed | 18 |
| unenforceable, the remaining provisions of the compact shall be | 19 |
| enforceable. | 20 |
| B. The provisions of this compact shall be liberally | 21 |
| construed to effectuate its purposes. | 22 |
| ARTICLE XIII | 23 |
| BINDING EFFECT OF COMPACT AND OTHER LAWS | 24 |
| Section A. Other Laws | 25 |
| 1. Nothing herein prevents the enforcement of any other law | 26 |
| of a compacting state that is not inconsistent with this |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| compact. | 2 |
| 2. All compacting states' laws other than state | 3 |
| Constitutions and other interstate compacts conflicting with | 4 |
| this compact are superseded to the extent of the conflict. | 5 |
| Section B. Binding Effect of the Compact | 6 |
| 1. All lawful actions of the Interstate Commission, | 7 |
| including all rules and by-laws promulgated by the Interstate | 8 |
| Commission, are binding upon the compacting states. | 9 |
| 2. All agreements between the Interstate Commission and the | 10 |
| compacting states are binding in accordance with their terms. | 11 |
| 3. Upon the request of a party to a conflict over meaning | 12 |
| or interpretation of Interstate Commission actions, and upon a | 13 |
| majority vote of the compacting states, the Interstate | 14 |
| Commission may issue advisory opinions regarding such meaning | 15 |
| or interpretation. | 16 |
| 4. In the event any provision of this compact exceeds the | 17 |
| constitutional limits imposed on the legislature of any | 18 |
| compacting state, the obligations, duties, powers or | 19 |
| jurisdiction sought to be conferred by such provision upon the | 20 |
| Interstate Commission shall be ineffective and such | 21 |
| obligations, duties, powers or jurisdiction shall remain in the | 22 |
| compacting state and shall be exercised by the agency thereof | 23 |
| to which such obligations, duties, powers or jurisdiction are | 24 |
| delegated by law in effect at the time this compact becomes | 25 |
| effective. |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| Section 75. The Illinois Administrative Procedure Act is | 2 |
| amended by changing Section 1-5 as follows:
| 3 |
| (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
| 4 |
| Sec. 1-5. Applicability.
| 5 |
| (a) This Act applies to every agency as defined in this | 6 |
| Act.
Beginning January 1, 1978, in case of conflict between the | 7 |
| provisions of
this Act and the Act creating or conferring power | 8 |
| on an agency, this Act
shall control. If, however, an agency | 9 |
| (or its predecessor in the case of
an agency that has been | 10 |
| consolidated or reorganized) has existing procedures
on July 1, | 11 |
| 1977, specifically for contested cases or licensing, those | 12 |
| existing
provisions control, except that this exception | 13 |
| respecting contested
cases and licensing does not apply if the | 14 |
| Act creating or conferring
power on the agency adopts by | 15 |
| express reference the provisions of this
Act. Where the Act | 16 |
| creating or conferring power on an agency
establishes | 17 |
| administrative procedures not covered by this Act, those
| 18 |
| procedures shall remain in effect.
| 19 |
| (b) The provisions of this Act do not apply to (i) | 20 |
| preliminary
hearings, investigations, or practices where no | 21 |
| final determinations
affecting State funding are made by the | 22 |
| State Board of Education, (ii) legal
opinions issued under | 23 |
| Section 2-3.7 of the School Code, (iii) as to State
colleges | 24 |
| and universities, their disciplinary and grievance | 25 |
| proceedings,
academic irregularity and capricious grading |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
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| 1 |
| proceedings, and admission
standards and procedures, and (iv) | 2 |
| the class specifications for positions
and individual position | 3 |
| descriptions prepared and maintained under the
Personnel Code. | 4 |
| Those class specifications shall, however, be made
reasonably | 5 |
| available to the public for inspection and copying. The
| 6 |
| provisions of this Act do not apply to hearings under Section | 7 |
| 20 of the
Uniform Disposition of Unclaimed Property Act.
| 8 |
| (c) Section 5-35 of this Act relating to procedures for | 9 |
| rulemaking
does not apply to the following:
| 10 |
| (1) Rules adopted by the Pollution Control Board that, | 11 |
| in accordance
with Section 7.2 of the Environmental | 12 |
| Protection Act, are identical in
substance to federal | 13 |
| regulations or amendments to those regulations
| 14 |
| implementing the following: Sections 3001, 3002, 3003, | 15 |
| 3004, 3005, and 9003
of the Solid Waste Disposal Act; | 16 |
| Section 105 of the Comprehensive Environmental
Response, | 17 |
| Compensation, and Liability Act of 1980; Sections 307(b), | 18 |
| 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | 19 |
| Water Pollution Control
Act; and Sections 1412(b), | 20 |
| 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking | 21 |
| Water Act.
| 22 |
| (2) Rules adopted by the Pollution Control Board that | 23 |
| establish or
amend standards for the emission of | 24 |
| hydrocarbons and carbon monoxide from
gasoline powered | 25 |
| motor vehicles subject to inspection under Section 13A-105
| 26 |
| of the Vehicle Emissions Inspection Law and rules adopted |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| under Section 13B-20
of the Vehicle Emissions Inspection | 2 |
| Law of 2005 or its predecessor laws
1995 .
| 3 |
| (3) Procedural rules adopted by the Pollution Control | 4 |
| Board governing
requests for exceptions under Section 14.2 | 5 |
| of the Environmental Protection Act.
| 6 |
| (4) The Pollution Control Board's grant, pursuant to an
| 7 |
| adjudicatory determination, of an adjusted standard for | 8 |
| persons who can
justify an adjustment consistent with | 9 |
| subsection (a) of Section 27 of
the Environmental | 10 |
| Protection Act.
| 11 |
| (5) Rules adopted by the Pollution Control Board that | 12 |
| are identical in
substance to the regulations adopted by | 13 |
| the Office of the State Fire
Marshal under clause (ii) of | 14 |
| paragraph (b) of subsection (3) of Section 2
of the | 15 |
| Gasoline Storage Act.
| 16 |
| (d) Pay rates established under Section 8a of the Personnel | 17 |
| Code
shall be amended or repealed pursuant to the process set | 18 |
| forth in Section
5-50 within 30 days after it becomes necessary | 19 |
| to do so due to a conflict
between the rates and the terms of a | 20 |
| collective bargaining agreement
covering the compensation of | 21 |
| an employee subject to that Code.
| 22 |
| (e) Section 10-45 of this Act shall not apply to any | 23 |
| hearing, proceeding,
or investigation conducted under Section | 24 |
| 13-515 of the Public Utilities Act.
| 25 |
| (f) Article 10 of this Act does not apply to any hearing, | 26 |
| proceeding, or
investigation conducted by the State Council for |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| the State of Illinois created
under Section 3-3-11.05 of the | 2 |
| Unified Code of Corrections or by the Interstate
Commission for | 3 |
| Adult Offender Supervision created under the
Interstate | 4 |
| Compact for Adult Offender Supervision or by the Interstate | 5 |
| Commission for Juveniles created under the Interstate Compact | 6 |
| for Juveniles .
| 7 |
| (g) This Act is subject to the provisions of Article XXI of
| 8 |
| the Public Utilities Act. To the extent that any provision of
| 9 |
| this Act conflicts with the provisions of that Article XXI, the
| 10 |
| provisions of that Article XXI control.
| 11 |
| (Source: P.A. 95-9, eff. 6-30-07; 95-331, eff. 8-21-07; revised | 12 |
| 1-30-08.)
| 13 |
| Section 80. The Unified Code of Corrections is amended by | 14 |
| changing Sections 3-2.5-20, 3-3-11.05, 3-3-11.1, and 3-3-11.2 | 15 |
| and by adding Section 3-2.5-110 as follows: | 16 |
| (730 ILCS 5/3-2.5-20)
| 17 |
| Sec. 3-2.5-20. General powers and duties. | 18 |
| (a) In addition to the powers, duties, and responsibilities | 19 |
| which are otherwise provided by law or transferred to the | 20 |
| Department as a result of this Article, the Department, as | 21 |
| determined by the Director, shall have, but are not limited to, | 22 |
| the following rights, powers, functions and duties: | 23 |
| (1) To accept juveniles committed to it by the courts | 24 |
| of this State for care, custody, treatment, and |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| rehabilitation. | 2 |
| (2) To maintain and administer all State juvenile | 3 |
| correctional institutions previously under the control of | 4 |
| the Juvenile and Women's & Children Divisions of the | 5 |
| Department of Corrections, and to establish and maintain | 6 |
| institutions as needed to meet the needs of the youth | 7 |
| committed to its care. | 8 |
| (3) To identify the need for and recommend the funding | 9 |
| and implementation of an appropriate mix of programs and | 10 |
| services within the juvenile justice continuum, including | 11 |
| but not limited to prevention, nonresidential and | 12 |
| residential commitment programs, day treatment, and | 13 |
| conditional release programs and services, with the | 14 |
| support of educational, vocational, alcohol, drug abuse, | 15 |
| and mental health services where appropriate. | 16 |
| (4) To establish and provide transitional and | 17 |
| post-release treatment programs for juveniles committed to | 18 |
| the Department. Services shall include but are not limited | 19 |
| to: | 20 |
| (i) family and individual counseling and treatment | 21 |
| placement; | 22 |
| (ii) referral services to any other State or local | 23 |
| agencies; | 24 |
| (iii) mental health services; | 25 |
| (iv) educational services; | 26 |
| (v) family counseling services; and |
|
|
|
SB2821 Engrossed |
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LRB095 19866 RLC 46265 b |
|
| 1 |
| (vi) substance abuse services. | 2 |
| (5) To access vital records of juveniles for the | 3 |
| purposes of providing necessary documentation for | 4 |
| transitional services such as obtaining identification, | 5 |
| educational enrollment, employment, and housing. | 6 |
| (6) To develop staffing and workload standards and | 7 |
| coordinate staff development and training appropriate for | 8 |
| juvenile populations. | 9 |
| (7) To develop, with the approval of the Office of the | 10 |
| Governor and the Governor's Office of Management and | 11 |
| Budget, annual budget requests.
| 12 |
| (8) To administer the Interstate Compact for | 13 |
| Juveniles, with respect to all juveniles under its | 14 |
| jurisdiction, and to cooperate with the Department of Human | 15 |
| Services with regard to all non-offender juveniles subject | 16 |
| to the Interstate Compact for Juveniles.
| 17 |
| (b) The Department may employ personnel in accordance with | 18 |
| the Personnel Code and Section 3-2.5-15 of this Code, provide | 19 |
| facilities, contract for goods and services, and adopt rules as | 20 |
| necessary to carry out its functions and purposes, all in | 21 |
| accordance with applicable State and federal law.
| 22 |
| (Source: P.A. 94-696, eff. 6-1-06 .) | 23 |
| (730 ILCS 5/3-2.5-110 new) | 24 |
| Sec. 3-2.5-110. State Compact Administrator. A State | 25 |
| Compact Administrator for the Interstate Compact for Juveniles |
|
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| shall be appointed by the Governor. The Juvenile State Compact | 2 |
| Administrator shall be a representative of the Illinois | 3 |
| Department of Juvenile Justice and shall act as the day-to-day | 4 |
| administrator for the Interstate Compact for Juveniles. The | 5 |
| State Compact Administrator shall serve as the State's | 6 |
| Commissioner to the Interstate Commission for Juveniles, as | 7 |
| provided in Article III of the Compact. One Deputy State | 8 |
| Compact Administrator from probation shall be appointed by the | 9 |
| Supreme Court. A second Deputy State Compact Administrator | 10 |
| shall be appointed by the Department of Human Services.
| 11 |
| (730 ILCS 5/3-3-11.05)
| 12 |
| Sec. 3-3-11.05. State Council for Interstate Compacts for | 13 |
| the State of Illinois.
| 14 |
| (a) Membership and appointing authority.
| 15 |
| (1) A State Compact Administrator for the Interstate | 16 |
| Compact for Adult Offender Supervision shall be appointed | 17 |
| by the
Governor. The Adult Offender Supervision Compact | 18 |
| Administrator shall be a representative of the
Illinois | 19 |
| Department of Corrections and shall serve as Chairperson of | 20 |
| the
State Council, as well as act as the day-to-day | 21 |
| administrator for the
Interstate Compact for Adult | 22 |
| Offender Supervision. The State Compact Administrator | 23 |
| shall serve as the State's Commissioner to the Interstate | 24 |
| Commission for Adult Offenders, as provided in Article IV | 25 |
| of the Compact. The Adult Offender Supervision Compact |
|
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| Administrator shall serve as Chairperson of the State | 2 |
| Council for Interstate Compacts, except that the State | 3 |
| Compact Administrator for the Interstate Compact for | 4 |
| Juveniles may be designated by the State Council to serve | 5 |
| as Chairperson for the State Council when juvenile issues | 6 |
| come before the council.
The State Compact
Administrator | 7 |
| shall serve as the State's Commissioner to the Interstate
| 8 |
| Commission as provided in Article IV of the Compact.
| 9 |
| (2) A Deputy Compact Administrator from probation | 10 |
| shall be
appointed by the Supreme Court.
| 11 |
| (3) A representative shall be appointed by the Speaker | 12 |
| of the
House of Representatives.
| 13 |
| (4) A representative shall be appointed by the Minority | 14 |
| Leader of
the House of Representatives.
| 15 |
| (5) A representative shall be appointed by the | 16 |
| President of the
Senate.
| 17 |
| (6) A representative shall be appointed by the Minority | 18 |
| Leader of
the Senate.
| 19 |
| (7) A judicial representative shall be appointed by the | 20 |
| Supreme
Court.
| 21 |
| (8) A representative from a crime victims' advocacy | 22 |
| group shall be
appointed by the Governor.
| 23 |
| (9) A parole representative shall be appointed by the | 24 |
| Director of
Corrections.
| 25 |
| (10) A probation representative shall be appointed by | 26 |
| the Director
of the Administrative Office of the Illinois |
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| Courts.
| 2 |
| (11) A representative shall be appointed by the | 3 |
| Director of Juvenile Justice. | 4 |
| (12) The Deputy Compact Administrator (Juvenile) | 5 |
| appointed by the Secretary of Human Services. | 6 |
| (13) The State Compact Administrator of the Interstate | 7 |
| Compact for Juveniles.
| 8 |
| (14)
(11) The persons appointed under clauses (1) | 9 |
| through (13)
(10) of this
subsection (a) shall be voting | 10 |
| members of the State Council. With the
approval of the | 11 |
| State Council, persons representing other organizations
| 12 |
| that may have an interest in the Compact may also be | 13 |
| appointed to serve
as non-voting members of the State | 14 |
| Council by those interested
organizations. Those | 15 |
| organizations may include, but are not limited to, the
| 16 |
| Illinois Sheriffs' Association, the Illinois Association | 17 |
| of Chiefs of
Police,
the Illinois State's Attorneys | 18 |
| Association, and the Office of Attorney
General.
| 19 |
| (b) Terms of appointment.
| 20 |
| (1) The Compact Administrators
Administrator and the | 21 |
| Deputy Compact Administrators
Administrator
from Probation
| 22 |
| shall serve at the will of their respective appointing
| 23 |
| authorities.
| 24 |
| (2) The crime victims' advocacy group representative | 25 |
| and the judicial
representative shall each serve an initial | 26 |
| term of 2 years. Thereafter, they
shall each serve
for a |
|
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| term of 4 years.
| 2 |
| (3) The representatives appointed by the Speaker of the | 3 |
| House of
Representatives, the President of the Senate, the | 4 |
| Minority Leader of the House
of
Representatives, and the | 5 |
| Minority Leader of the Senate shall each serve for a
term | 6 |
| of 4
years. If one of these representatives shall not be | 7 |
| able to fulfill the
completion of his or
her term, then | 8 |
| another representative shall be appointed by his or her
| 9 |
| respective
appointing authority for the remainder of his or | 10 |
| her term.
| 11 |
| (4) The probation representative and the parole | 12 |
| representative shall each
serve a term of 2 years.
| 13 |
| (5) The time frame limiting the initial term of | 14 |
| appointments for voting representatives listed in clauses | 15 |
| (2) through (4) of this subsection (b) shall not begin | 16 |
| until more than 50% of the appointments have been made by | 17 |
| the respective appointing authorities.
| 18 |
| (c) Duties and responsibilities.
| 19 |
| (1) The duties and responsibilities of the State | 20 |
| Council shall be:
| 21 |
| (A) To appoint the State Compact Administrator as | 22 |
| Illinois'
Commissioner on the Interstate Commission.
| 23 |
| (B) To develop by-laws for the operation of the | 24 |
| State Council.
| 25 |
| (C) To establish policies and procedures for the | 26 |
| Interstate Compact
operations in Illinois.
|
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| (D) To monitor and remediate Compact compliance | 2 |
| issues in
Illinois.
| 3 |
| (E) To promote system training and public | 4 |
| awareness regarding the
Compact's mission and | 5 |
| mandates.
| 6 |
| (F) To meet at least twice a year and otherwise as | 7 |
| called by the
Chairperson.
| 8 |
| (G) To allow for the appointment of non-voting | 9 |
| members as
deemed appropriate.
| 10 |
| (H) To issue rules in accordance with Article 5 of | 11 |
| the Illinois
Administrative Procedure Act.
| 12 |
| (I) To publish Interstate Commission rules.
| 13 |
| (d) Funding. The State shall appropriate funds to the | 14 |
| Department of
Corrections to
support the operations of the | 15 |
| State Council and its membership dues to the
Interstate
| 16 |
| Commission.
| 17 |
| (e) Penalties. Procedures for assessment of penalties | 18 |
| imposed pursuant to
Article
XII of the Compact shall be | 19 |
| established by the State Council.
| 20 |
| (f) Notification of ratification of Compact. The State | 21 |
| Compact
Administrator
shall notify the Governor and Secretary | 22 |
| of State when 35 States have enacted
the Compact.
| 23 |
| (Source: P.A. 92-571, eff. 6-26-02.)
| 24 |
| (730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
| 25 |
| Sec. 3-3-11.1. State defined. As used in Sections 3-3-11.05 |
|
|
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| through 3-3-11.3, unless the
context clearly
indicates | 2 |
| otherwise, the term "State" means a state of the United States, | 3 |
| the
District of Columbia, the Commonwealth of Puerto Rico, and | 4 |
| any other territorial possessions of the United
States.
| 5 |
| (Source: P.A. 92-571, eff. 6-26-02.)
| 6 |
| (730 ILCS 5/3-3-11.2) (from Ch. 38, par. 1003-3-11.2)
| 7 |
| Sec. 3-3-11.2. Force and effect of compact.
| 8 |
| When the Governor of this State shall sign and seal the | 9 |
| Interstate Compact for Adult Offender Supervision, the | 10 |
| Interstate Compact for Juveniles,
this compact or any
compact | 11 |
| with any other State, pursuant to the provisions of this Act, | 12 |
| such
compact or compacts as between the State of Illinois and | 13 |
| such other State
so signing shall have the force and effect of | 14 |
| law immediately upon the
enactment by such other State of a law | 15 |
| giving it similar effect.
| 16 |
| (Source: P.A. 77-2097.)
| 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
|
|