Full Text of SB2151 97th General Assembly
SB2151enr 97TH GENERAL ASSEMBLY |
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| 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, 2010, 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 | | (C) recommend due process protections for youth during | 9 | | release decision-making processes including, but not | 10 | | limited to, parole revocation proceedings and release on | 11 | | parole. | 12 | | The Commission shall study and make recommendations to the | 13 | | Governor and General Assembly to ensure the effective treatment | 14 | | and supervision of the specialized population of juvenile | 15 | | offenders who are adjudicated delinquent for a sex offense. The | 16 | | Illinois Juvenile Justice Commission shall utilize available | 17 | | information and research on best practices within the State and | 18 | | across the nation including, but not limited to research and | 19 | | recommendations from the U.S. Department of Justice. Among | 20 | | other relevant options, the Commission shall: consider | 21 | | requiring specially trained probation, parole or aftercare | 22 | | officers to supervise juveniles adjudicated as sex offenders; | 23 | | explore the development of individualized probation or parole | 24 | | orders which would include, but is not limited to, supervision | 25 | | and treatment options for juveniles adjudicated as sex | 26 | | offenders; and consider the appropriateness and feasibility of |
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| 1 | | restricting juveniles adjudicated as sex offenders from | 2 | | certain locations including schools and parks. | 3 | | The Juvenile Justice Commission shall include information | 4 | | and recommendations on the effectiveness of the State's | 5 | | juvenile reentry programming, including progress on the | 6 | | recommendations in subparagraphs (A) and (B) of this paragraph | 7 | | (5.1), in its annual submission of recommendations to the | 8 | | Governor and the General Assembly on matters relative to its | 9 | | function, and in its annual juvenile justice plan. This | 10 | | paragraph (5.1) may be cited as the Youth Reentry Improvement | 11 | | Law of 2009; | 12 | | (6) To act as a central repository for federal, State, | 13 | | regional and local
research studies, plans, projects, and | 14 | | proposals relating to the improvement
of the juvenile justice | 15 | | system;
| 16 | | (7) To act as a clearing house for information relating to | 17 | | all aspects
of juvenile justice system improvement;
| 18 | | (8) To undertake research studies to aid in accomplishing | 19 | | its purposes;
| 20 | | (9) To establish priorities for the expenditure of funds | 21 | | made
available by the United States for the improvement of the | 22 | | juvenile justice
system throughout the State;
| 23 | | (10) To apply for, receive, allocate, disburse, and account | 24 | | for grants
of funds made available by the United States | 25 | | pursuant to the federal Juvenile
Justice and Delinquency | 26 | | Prevention Act of 1974, as amended; and such other
similar |
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| 1 | | legislation as may be enacted from time to time in order to | 2 | | plan,
establish, operate, coordinate, and evaluate projects | 3 | | directly or through
grants and contracts with public and | 4 | | private agencies for the development
of more effective | 5 | | education, training, research, prevention, diversion,
| 6 | | treatment and rehabilitation programs in the area of juvenile | 7 | | delinquency
and programs to improve the juvenile justice | 8 | | system;
| 9 | | (11) To insure that no more than the maximum percentage of | 10 | | the total annual
State allotment of juvenile justice funds be | 11 | | utilized for the administration
of such funds;
| 12 | | (12) To provide at least 66-2/3 per centum of funds | 13 | | received by the State
under the Juvenile Justice and | 14 | | Delinquency Prevention Act of 1974, as amended,
are expended | 15 | | through:
| 16 | | (a) programs of units of general local government or | 17 | | combinations thereof,
to the extent such programs are | 18 | | consistent with the State plan; and
| 19 | | (b) programs of local private agencies, to the extent | 20 | | such programs are
consistent with the State plan;
| 21 | | (13) To enter into agreements with the United States | 22 | | government
which may be required as a condition of obtaining | 23 | | federal funds;
| 24 | | (14) To enter into contracts and cooperate with units of | 25 | | general local
government or combinations of such units, State | 26 | | agencies, and private
organizations
of all types, for the |
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| 1 | | purpose of carrying out the duties of the Department
imposed by | 2 | | this Section or by federal law or
regulations;
| 3 | | (15) To exercise all other powers that are reasonable and | 4 | | necessary to
fulfill its functions under applicable federal law | 5 | | or to further the
purposes of this Section.
| 6 | | (Source: P.A. 96-853, eff. 12-23-09; 96-1271, eff. 1-1-11.)
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