Illinois General Assembly - Full Text of HB2589
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Full Text of HB2589  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Juliana Stratton


730 ILCS 5/3-2.5-70
730 ILCS 5/3-3-9.5

    Amends the Unified Code of Corrections. Provides that the Department of Children and Family Services shall assign a caseworker to attend any hearing involving youth placed on aftercare release, including hearings involving sanctions for violation of aftercare release conditions and aftercare release revocation hearings. Effective immediately.

LRB100 09280 RLC 19438 b






HB2589LRB100 09280 RLC 19438 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-2.5-70 and 3-3-9.5 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
17    and facilitation of community-based services including
18    education, social and mental health services, substance
19    abuse treatment, employment and vocational training,
20    individual and family counseling, financial counseling,
21    and other services as appropriate; and assistance in
22    locating appropriate residential placement and obtaining
23    suitable employment. The Department may purchase necessary



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1    services for a releasee if they are otherwise unavailable
2    and the releasee is unable to pay for the services. It may
3    assess all or part of the costs of these services to a
4    releasee in accordance with his or her ability to pay for
5    the services.
6        (4) Standards for sanctioning violations of conditions
7    of aftercare release that ensure that juvenile offenders
8    face uniform and consistent consequences that hold them
9    accountable taking into account aggravating and mitigating
10    factors and prioritizing public safety.
11        (5) A process for reviewing youth on aftercare release
12    for discharge.
13    (b) The Department of Juvenile Justice shall have the
14following rights, powers, functions, and duties:
15        (1) To investigate alleged violations of an aftercare
16    releasee's conditions of release; and for this purpose it
17    may issue subpoenas and compel the attendance of witnesses
18    and the production of documents only if there is reason to
19    believe that the procedures would provide evidence that the
20    violations have occurred. If any person fails to obey a
21    subpoena issued under this subsection, the Director may
22    apply to any circuit court to secure compliance with the
23    subpoena. The failure to comply with the order of the court
24    issued in response thereto shall be punishable as contempt
25    of court.
26        (2) To issue a violation warrant for the apprehension



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1    of an aftercare releasee for violations of the conditions
2    of aftercare release. Aftercare specialists and
3    supervisors have the full power of peace officers in the
4    retaking of any youth alleged to have violated the
5    conditions of aftercare release.
6    (c) The Department of Juvenile Justice shall designate
7aftercare specialists qualified in juvenile matters to perform
8case management and post-release programming functions under
9this Section.
10    (d) The Department of Children and Family Services shall
11assign a caseworker to attend any hearing involving youth
12placed on aftercare release, including hearings involving
13sanctions for violation of aftercare release conditions and
14aftercare release revocation hearings.
15(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
16    (730 ILCS 5/3-3-9.5)
17    Sec. 3-3-9.5. Revocation of aftercare release; revocation
19    (a) If, prior to expiration or termination of the aftercare
20release term, a juvenile committed to the Department of
21Juvenile Justice under the Juvenile Court Act of 1987 violates
22a condition of release set by the Department under Section
233-2.5-95 of this Code, the Department may initiate revocation
24proceedings by issuing a violation warrant under Section
253-2.5-70 of this Code or by retaking of the releasee and



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1returning him or her to a Department facility.
2    (b) The Department shall provide the releasee and the
3Prisoner Review Board with written notice of the alleged
4violation of aftercare release charged against him or her.
5    (c) The issuance of a warrant of arrest for an alleged
6violation of the conditions of aftercare release shall toll the
7running of the aftercare release term until the final
8determination of the alleged violation is made. If the Board
9finds that the youth has not violated a condition of aftercare
10release, that period shall be credited to the term.
11    (d) A person charged with violating a condition of
12aftercare release shall have a preliminary hearing before a
13hearing officer designated by the Board to determine if there
14is probable cause to hold the person for a revocation hearing.
15However, no preliminary hearing need be held when revocation is
16based upon new criminal charges and a court finds probable
17cause on the new criminal charges or when the revocation is
18based upon a new criminal conviction or a finding of
19delinquency and a certified copy of that conviction is
21    (e) At the preliminary hearing, the Board may order the
22releasee held in Department custody or released under
23supervision pending a final revocation decision of the Board. A
24youth who is held in Department custody, shall be released and
25discharged upon the expiration of the maximum term permitted
26under the Juvenile Court Act of 1987.



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1    (f) A hearing on revocation shall be conducted before at
2least one member of the Prisoner Review Board. The Board may
3meet and order its actions in panels of 3 or more members. The
4action of a majority of the panel shall be the action of the
5Board. The member hearing the matter and at least a majority of
6the panel shall be experienced in juvenile matters. A record of
7the hearing shall be made. At the hearing the releasee shall be
8permitted to:
9        (1) appear and answer the charge; and
10        (2) bring witnesses on his or her behalf.
11    (g) If the Board finds that the juvenile has not violated a
12condition of aftercare release, the Board shall order the
13juvenile rereleased and aftercare release continued under the
14existing term and may make specific recommendations to the
15Department regarding appropriate conditions of release.
16    (h) If the Board finds that the juvenile has violated a
17condition of aftercare release, the Board shall either:
18        (1) revoke aftercare release and order the juvenile
19    reconfined; or
20        (2) order the juvenile rereleased to serve a specified
21    aftercare release term not to exceed the full term
22    permitted under the Juvenile Court Act of 1987 and may make
23    specific recommendations to the Department regarding
24    appropriate conditions of rerelease.
25    (i) Aftercare release shall not be revoked for failure to
26make payments under the conditions of release unless the Board



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1determines that the failure is due to the juvenile's willful
2refusal to pay.
3    (j) The Department of Children and Family Services shall
4assign a caseworker to attend a hearing on revocation of
5aftercare release.
6(Source: P.A. 99-628, eff. 1-1-17.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.