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Public Act 096-0853 |
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AN ACT concerning criminal law.
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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 5. The Children and Family Services Act is amended | ||||
by changing Section 17a-5 as follows:
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(20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
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Sec. 17a-5.
The Department of Human Services shall be | ||||
successor to the
Department of Children and Family Services in | ||||
the latter Department's capacity
as successor to the Illinois | ||||
Law Enforcement
Commission in the functions of that Commission | ||||
relating to juvenile justice
and the federal Juvenile Justice | ||||
and Delinquency Prevention Act of 1974
as amended, and shall | ||||
have the powers, duties and functions specified in
this Section | ||||
relating to juvenile justice and the federal Juvenile Justice
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and Delinquency Prevention Act of 1974, as amended.
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(1) Definitions. As used in this Section:
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(a) "juvenile justice system" means all activities by | ||||
public or private
agencies or persons pertaining to the | ||||
handling of youth involved or having
contact with the | ||||
police, courts or corrections;
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(b) "unit of general local government" means any | ||||
county, municipality
or other general purpose political | ||||
subdivision of this State;
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(c) "Commission" means the Illinois Juvenile Justice
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Commission provided for in Section 17a-9 of this Act.
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(2) Powers and Duties of Department. The Department of | ||
Human Services
shall serve as the
official State Planning | ||
Agency for juvenile justice for the State of Illinois
and in | ||
that capacity is authorized and empowered to discharge any and | ||
all
responsibilities imposed on such bodies by the federal | ||
Juvenile Justice
and Delinquency Prevention Act of 1974, as | ||
amended, specifically the
deinstitutionalization
of status | ||
offenders, separation of juveniles and adults in municipal and
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county jails, removal of juveniles from county and municipal | ||
jails and
monitoring
of compliance with these mandates. In | ||
furtherance thereof, the Department
has the powers and duties | ||
set forth in paragraphs 3 through 15 of this Section:
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(3) To develop annual comprehensive plans based on analysis | ||
of juvenile
crime problems and juvenile justice and delinquency | ||
prevention needs in
the State, for the improvement of juvenile | ||
justice throughout the State,
such plans to be in accordance | ||
with the federal Juvenile Justice and Delinquency
Prevention | ||
Act of 1974, as amended;
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(4) To define, develop and correlate programs and projects | ||
relating to
administration of juvenile justice for the State | ||
and units of general local
government within the State or for | ||
combinations of such units for
improvement in law enforcement:
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(5) To advise, assist and make recommendations to the | ||
Governor as to how
to achieve a more efficient and effective |
juvenile justice system;
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(5.1) To develop recommendations to ensure the effective | ||
reintegration of youth offenders into communities to which they | ||
are returning. The Illinois Juvenile Justice Commission, | ||
utilizing available information provided by the Department of | ||
Juvenile Justice, the Prisoner Review Board, the Illinois | ||
Criminal Justice Information Authority, and any other relevant | ||
State agency, shall develop by September 30, 2010, a report on | ||
juveniles who have been the subject of a parole revocation | ||
within the past year in Illinois. The report shall provide | ||
information on the number of youth confined in the Department | ||
of Juvenile Justice for revocation based on a technical parole | ||
violation, the length of time the youth spent on parole prior | ||
to the revocation, the nature of the committing offense that | ||
served as the basis for the original commitment, demographic | ||
information including age, race, sex, and zip code of the | ||
underlying offense and the conduct leading to revocation. In | ||
addition, the Juvenile Justice Commission shall develop | ||
recommendations to: | ||
(A) recommend the development of a tracking system to | ||
provide quarterly statewide reports on youth released from | ||
the Illinois Department of Juvenile Justice including | ||
lengths of stay in the Illinois Department of Juvenile | ||
Justice prior to release, length of monitoring | ||
post-release, pre-release services provided to each youth, | ||
violations of release conditions including length of |
release prior to violation, nature of violation, and | ||
intermediate sanctions offered prior to violation; | ||
(B) recommend outcome measures of educational | ||
attainment, employment, homelessness, recidivism, and | ||
other appropriate measures that can be used to assess the | ||
performance of the State of Illinois in operating youth | ||
offender reentry programs. | ||
The Juvenile Justice Commission shall include information | ||
and recommendations on the effectiveness of the State's | ||
juvenile reentry programming, including progress on the | ||
recommendations in subparagraphs (A) and (B) of this paragraph | ||
(5.1), in its annual submission of recommendations to the | ||
Governor and the General Assembly on matters relative to its | ||
function, and in its annual juvenile justice plan. This | ||
paragraph (5.1) may be cited as the Youth Reentry Improvement | ||
Law of 2009; | ||
(6) To act as a central repository for federal, State, | ||
regional and local
research studies, plans, projects, and | ||
proposals relating to the improvement
of the juvenile justice | ||
system;
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(7) To act as a clearing house for information relating to | ||
all aspects
of juvenile justice system improvement;
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(8) To undertake research studies to aid in accomplishing | ||
its purposes;
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(9) To establish priorities for the expenditure of funds | ||
made
available by the United States for the improvement of the |
juvenile justice
system throughout the State;
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(10) To apply for, receive, allocate, disburse, and account | ||
for grants
of funds made available by the United States | ||
pursuant to the federal Juvenile
Justice and Delinquency | ||
Prevention Act of 1974, as amended; and such other
similar | ||
legislation as may be enacted from time to time in order to | ||
plan,
establish, operate, coordinate, and evaluate projects | ||
directly or through
grants and contracts with public and | ||
private agencies for the development
of more effective | ||
education, training, research, prevention, diversion,
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treatment and rehabilitation programs in the area of juvenile | ||
delinquency
and programs to improve the juvenile justice | ||
system;
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(11) To insure that no more than the maximum percentage of | ||
the total annual
State allotment of juvenile justice funds be | ||
utilized for the administration
of such funds;
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(12) To provide at least 66-2/3 per centum of funds | ||
received by the State
under the Juvenile Justice and | ||
Delinquency Prevention Act of 1974, as amended,
are expended | ||
through:
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(a) programs of units of general local government or | ||
combinations thereof,
to the extent such programs are | ||
consistent with the State plan; and
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(b) programs of local private agencies, to the extent | ||
such programs are
consistent with the State plan;
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(13) To enter into agreements with the United States |
government
which may be required as a condition of obtaining | ||
federal funds;
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(14) To enter into contracts and cooperate with units of | ||
general local
government or combinations of such units, State | ||
agencies, and private
organizations
of all types, for the | ||
purpose of carrying out the duties of the Department
imposed by | ||
this Section or by federal law or
regulations;
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(15) To exercise all other powers that are reasonable and | ||
necessary to
fulfill its functions under applicable federal law | ||
or to further the
purposes of this Section.
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(Source: P.A. 89-507, eff. 7-1-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |