Illinois General Assembly - Full Text of HB2494
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Full Text of HB2494  100th General Assembly


Rep. Jay Hoffman

Filed: 3/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 2494 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 3-2.5-70 as follows:
6    (730 ILCS 5/3-2.5-70)
7    Sec. 3-2.5-70. Aftercare.
8    (a) The Department shall implement an aftercare program
9that includes, at a minimum, the following program elements:
10        (1) A process for developing and implementing a case
11    management plan for timely and successful reentry into the
12    community beginning upon commitment.
13        (2) A process for reviewing committed youth for
14    recommendation for aftercare release.
15        (3) Supervision in accordance with the conditions set
16    by the Department or Prisoner Review Board and referral to



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1    and facilitation of community-based services including
2    education, social and mental health services, substance
3    abuse treatment, employment and vocational training,
4    individual and family counseling, financial counseling,
5    and other services as appropriate; and assistance in
6    locating appropriate residential placement and obtaining
7    suitable employment. The Department may purchase necessary
8    services for a releasee if they are otherwise unavailable
9    and the releasee is unable to pay for the services. It may
10    assess all or part of the costs of these services to a
11    releasee in accordance with his or her ability to pay for
12    the services.
13        (4) Standards for sanctioning violations of conditions
14    of aftercare release that ensure that juvenile offenders
15    face uniform and consistent consequences that hold them
16    accountable taking into account aggravating and mitigating
17    factors and prioritizing public safety.
18        (5) A process for reviewing youth on aftercare release
19    for discharge.
20    (b) The Department of Juvenile Justice shall have the
21following rights, powers, functions, and duties:
22        (1) To investigate alleged violations of an aftercare
23    releasee's conditions of release; and for this purpose it
24    may issue subpoenas and compel the attendance of witnesses
25    and the production of documents only if there is reason to
26    believe that the procedures would provide evidence that the



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1    violations have occurred. If any person fails to obey a
2    subpoena issued under this subsection, the Director may
3    apply to any circuit court to secure compliance with the
4    subpoena. The failure to comply with the order of the court
5    issued in response thereto shall be punishable as contempt
6    of court.
7        (2) To issue a violation warrant for the apprehension
8    of an aftercare releasee for violations of the conditions
9    of aftercare release. Aftercare specialists and
10    supervisors have the full power of peace officers in the
11    retaking of any youth alleged to have violated the
12    conditions of aftercare release.
13        (3) If a county detention facility holds in their
14    custody a juvenile under a warrant issued by the Department
15    of Juvenile Justice, the Department shall take custody of
16    the minor within 48 hours of the minor's apprehension,
17    excluding weekends and holidays. The Department shall
18    report annually to the Supreme Court the number of
19    juveniles who have violated conditions of aftercare
20    release and are issued a violation warrant, the number of
21    juveniles returned to custody, the number juveniles held in
22    a county detention facility on a warrant from the
23    Department, and the number of days the juvenile is held in
24    county custody before being transferred to the Department.
25    (c) The Department of Juvenile Justice shall designate
26aftercare specialists qualified in juvenile matters to perform



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1case management and post-release programming functions under
2this Section.
3(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)".