Illinois General Assembly - Full Text of HB4781
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Full Text of HB4781  98th General Assembly

HB4781enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB4781 EnrolledLRB098 18210 RLC 53341 b

1    AN ACT concerning corrections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The School Code is amended by changing Section
513-45 as follows:
 
6    (105 ILCS 5/13-45)  (from Ch. 122, par. 13-45)
7    Sec. 13-45. Other provisions of this Code shall not apply
8to the Department of Juvenile Justice School District being all
9of the following Articles and Sections: Articles 3, 3A, 4, 5,
106, 7, 8, and 9, those Sections sections of Article 10 in
11conflict with any provisions of Sections 13-40 through 13-45,
12and Articles 11, 12, 15, 17, 18, 19, 19A, 20, 22, 24, 24A, 26,
1331, 32, 33, and 34. Also Article 28 shall not apply except that
14this School District may use any funds available from State,
15Federal and other funds for the purchase of textbooks,
16apparatus and equipment.
17(Source: P.A. 96-328, eff. 8-11-09.)
 
18    Section 5. The Unified Code of Corrections is amended by
19changing Sections 3-2.5-15 and 3-10-2 as follows:
 
20    (730 ILCS 5/3-2.5-15)
21    (Text of Section after amendment by P.A. 98-528)

 

 

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1    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
2of duties of the Juvenile Division.
3    (a) The Department of Juvenile Justice shall assume the
4rights, powers, duties, and responsibilities of the Juvenile
5Division of the Department of Corrections. Personnel, books,
6records, property, and unencumbered appropriations pertaining
7to the Juvenile Division of the Department of Corrections shall
8be transferred to the Department of Juvenile Justice on the
9effective date of this amendatory Act of the 94th General
10Assembly. Any rights of employees or the State under the
11Personnel Code or any other contract or plan shall be
12unaffected by this transfer.
13    (b) Department of Juvenile Justice personnel who are hired
14by the Department on or after the effective date of this
15amendatory Act of the 94th General Assembly and who participate
16or assist in the rehabilitative and vocational training of
17delinquent youths, supervise the daily activities involving
18direct and continuing responsibility for the youth's security,
19welfare and development, or participate in the personal
20rehabilitation of delinquent youth by training, supervising,
21and assisting lower level personnel who perform these duties
22must be over the age of 21 and have a bachelor's or advanced
23degree from an accredited college or university with a
24specialization in criminal justice, education, psychology,
25social work, or a closely related social science or other
26bachelor's or advanced degree with at least 2 years experience

 

 

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1in the field of juvenile matters. This requirement shall not
2apply to security, clerical, food service, and maintenance
3staff that do not have direct and regular contact with youth.
4The degree requirements specified in this subsection (b) are
5not required of persons who provide vocational training and who
6have adequate knowledge in the skill for which they are
7providing the vocational training.
8    (c) Subsection (b) of this Section does not apply to
9personnel transferred to the Department of Juvenile Justice on
10the effective date of this amendatory Act of the 94th General
11Assembly.
12    (d) The Department shall be under the direction of the
13Director of Juvenile Justice as provided in this Code.
14    (e) The Director shall organize divisions within the
15Department and shall assign functions, powers, duties, and
16personnel as required by law. The Director may create other
17divisions and may assign other functions, powers, duties, and
18personnel as may be necessary or desirable to carry out the
19functions and responsibilities vested by law in the Department.
20The Director may, with the approval of the Office of the
21Governor, assign to and share functions, powers, duties, and
22personnel with other State agencies such that administrative
23services and administrative facilities are provided by a shared
24administrative service center. Where possible, shared services
25which impact youth should be done with child-serving agencies.
26These administrative services may include, but are not limited

 

 

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1to, all of the following functions: budgeting, accounting
2related functions, auditing, human resources, legal,
3procurement, training, data collection and analysis,
4information technology, internal investigations, intelligence,
5legislative services, emergency response capability, statewide
6transportation services, and general office support.
7    (f) The Department of Juvenile Justice may enter into
8intergovernmental cooperation agreements under which minors
9adjudicated delinquent and committed to the Department of
10Juvenile Justice may participate in county juvenile impact
11incarceration programs established under Section 3-6039 of the
12Counties Code.
13    (g) The Department of Juvenile Justice must comply with the
14ethnic and racial background data collection procedures
15provided in Section 4.5 of the Criminal Identification Act.
16(Source: P.A. 98-528, eff. 1-1-15.)
 
17    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
18    Sec. 3-10-2. Examination of Persons Committed to the
19Department of Juvenile Justice.
20    (a) A person committed to the Department of Juvenile
21Justice shall be examined in regard to his medical,
22psychological, social, educational and vocational condition
23and history, including the use of alcohol and other drugs, the
24circumstances of his offense and any other information as the
25Department of Juvenile Justice may determine.

 

 

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1    (a-5) Upon admission of a person committed to the
2Department of Juvenile Justice, the Department of Juvenile
3Justice must provide the person with appropriate information
4concerning HIV and AIDS in writing, verbally, or by video or
5other electronic means. The Department of Juvenile Justice
6shall develop the informational materials in consultation with
7the Department of Public Health. At the same time, the
8Department of Juvenile Justice also must offer the person the
9option of being tested, at no charge to the person, for
10infection with human immunodeficiency virus (HIV). Pre-test
11information shall be provided to the committed person and
12informed consent obtained as required in subsection (d) of
13Section 3 and Section 5 of the AIDS Confidentiality Act. The
14Department of Juvenile Justice may conduct opt-out HIV testing
15as defined in Section 4 of the AIDS Confidentiality Act. If the
16Department conducts opt-out HIV testing, the Department shall
17place signs in English, Spanish and other languages as needed
18in multiple, highly visible locations in the area where HIV
19testing is conducted informing inmates that they will be tested
20for HIV unless they refuse, and refusal or acceptance of
21testing shall be documented in the inmate's medical record. The
22Department shall follow procedures established by the
23Department of Public Health to conduct HIV testing and testing
24to confirm positive HIV test results. All testing must be
25conducted by medical personnel, but pre-test and other
26information may be provided by committed persons who have

 

 

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1received appropriate training. The Department, in conjunction
2with the Department of Public Health, shall develop a plan that
3complies with the AIDS Confidentiality Act to deliver
4confidentially all positive or negative HIV test results to
5inmates or former inmates. Nothing in this Section shall
6require the Department to offer HIV testing to an inmate who is
7known to be infected with HIV, or who has been tested for HIV
8within the previous 180 days and whose documented HIV test
9result is available to the Department electronically. The
10testing provided under this subsection (a-5) shall consist of a
11test approved by the Illinois Department of Public Health to
12determine the presence of HIV infection, based upon
13recommendations of the United States Centers for Disease
14Control and Prevention. If the test result is positive, a
15reliable supplemental test based upon recommendations of the
16United States Centers for Disease Control and Prevention shall
17be administered.
18    Also upon admission of a person committed to the Department
19of Juvenile Justice, the Department of Juvenile Justice must
20inform the person of the Department's obligation to provide the
21person with medical care.
22    (b) Based on its examination, the Department of Juvenile
23Justice may exercise the following powers in developing a
24treatment program of any person committed to the Department of
25Juvenile Justice:
26        (1) Require participation by him in vocational,

 

 

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1    physical, educational and corrective training and
2    activities to return him to the community.
3        (2) Place him in any institution or facility of the
4    Department of Juvenile Justice.
5        (3) Order replacement or referral to the Parole and
6    Pardon Board as often as it deems desirable. The Department
7    of Juvenile Justice shall refer the person to the Parole
8    and Pardon Board as required under Section 3-3-4.
9        (4) Enter into agreements with the Secretary of Human
10    Services and the Director of Children and Family Services,
11    with courts having probation officers, and with private
12    agencies or institutions for separate care or special
13    treatment of persons subject to the control of the
14    Department of Juvenile Justice.
15    (c) The Department of Juvenile Justice shall make periodic
16reexamination of all persons under the control of the
17Department of Juvenile Justice to determine whether existing
18orders in individual cases should be modified or continued.
19This examination shall be made with respect to every person at
20least once annually.
21    (d) A record of the treatment decision including any
22modification thereof and the reason therefor, shall be part of
23the committed person's master record file.
24    (e) The Department of Juvenile Justice shall by certified
25mail and telephone or electronic message , return receipt
26requested, notify the parent, guardian or nearest relative of

 

 

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1any person committed to the Department of Juvenile Justice of
2his or her physical location and any change thereof.
3(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
497-813, eff. 7-13-12.)