(730 ILCS 5/3-2-12) Sec. 3-2-12. Report of violence in Department of Corrections institutions and facilities; public safety reports. (a) The Department of Corrections shall collect and report: (1) data on a rate per 100 of committed persons |
| regarding violence within Department institutions and facilities as defined under the terms, if applicable, in 20 Ill. Adm. Code 504 as follows:
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(A) committed person on committed person assaults;
(B) committed person on correctional staff
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(C) dangerous contraband, including weapons,
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| explosives, dangerous chemicals, or other dangerous weapons;
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(D) committed person on committed person fights;
(E) multi-committed person on single committed
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(F) committed person use of a weapon on
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(G) committed person use of a weapon on
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(H) sexual assault committed by a committed
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| person against another committed person, correctional staff, or visitor;
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(I) sexual assault committed by correctional
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| staff against another correctional staff, committed person, or visitor;
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(J) correctional staff use of physical force;
(K) forced cell extraction;
(L) use of oleoresin capsaicin (pepper spray),
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| 2-chlorobenzalmalononitrile (CS gas), or other control agents or implements;
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(M) committed person suicide and attempted
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(N) requests and placements in protective
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(O) committed persons in segregation, secured
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| housing, and restrictive housing; and
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(2) data on average length of stay in segregation,
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| secured housing, and restrictive housing.
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(b)
The Department of Corrections shall collect and report:
(1) data on a rate per 100 of committed persons
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| regarding public safety as follows:
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(A) committed persons released directly from
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| segregation secured housing and restrictive housing to the community;
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(B) the types of housing facilities, whether
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| private residences, transitional housing, homeless shelters, or other, to which committed persons are released from Department correctional institutions and facilities;
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(C) committed persons in custody who have
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| completed evidence-based programs, including:
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(i) educational;
(ii) vocational;
(iii) chemical dependency;
(iv) sex offender treatment; or
(v) cognitive behavioral;
(D) committed persons who are being held in
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| custody past their mandatory statutory release date and the reasons for their continued confinement;
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(E) parole and mandatory supervised release
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| revocation rate by county and reasons for revocation; and
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(F) committed persons on parole or mandatory
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| supervised release who have completed evidence-based programs, including:
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(A) educational;
(B) vocational;
(C) chemical dependency;
(D) sex offender treatment; or
(E) cognitive behavioral; and
(2) data on the average daily population and vacancy
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| rate of each Adult Transition Center and work camp.
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(c) The data provided under subsections (a) and (b) of this Section shall be included in the Department of Corrections quarterly report to the General Assembly under Section 3-5-3.1 of this Code and shall include an aggregate
chart at the agency level and individual reports by each correctional institution or facility of the Department of Corrections.
(d) The Director of Corrections shall ensure that the agency level data is reviewed by the Director's executive team on a quarterly basis. The correctional institution or facility's executive team and each chief administrative officer of the correctional institution or facility shall examine statewide and
local data at least quarterly. During these reviews, each chief administrative officer shall:
(1) identify trends;
(2) develop action items to mitigate the root causes
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(3) establish committees at each correctional
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| institution or facility which shall review the violence data on a quarterly basis and develop action plans to reduce violence. These plans shall include a wide range of strategies to incentivize good conduct.
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(Source: P.A. 100-907, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(730 ILCS 5/3-2.5-15) Sec. 3-2.5-15. Department of Juvenile Justice; assumption of duties of the Juvenile Division. (a) The Department of Juvenile Justice shall assume the rights, powers, duties, and responsibilities of the Juvenile Division of the Department of Corrections. Personnel, books, records, property, and unencumbered appropriations pertaining to the Juvenile Division of the Department of Corrections shall be transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. Any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer. (b) Department of Juvenile Justice personnel who are hired by the Department on or after the effective date of this amendatory Act of the 94th General Assembly and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must: (1) be over the age of 21 and (2) have a high school diploma or equivalent and either (A) a bachelor's or advanced degree from an accredited college or university or (B) 2 or more years of experience providing
direct care to youth in the form of residential care,
coaching, case management, or mentoring. This requirement shall not apply to security, clerical, food service, and maintenance staff that do not have direct and regular contact with youth. The degree requirements specified in this subsection (b) are not required of persons who provide vocational training and who have adequate knowledge in the skill for which they are providing the vocational training. (c) Subsection (b) of this Section does not apply to personnel transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly. (d) The Department shall be under the direction of the Director of Juvenile Justice as provided in this Code. (e) The Director shall organize divisions within the Department and shall assign functions, powers, duties, and personnel as required by law. The Director may create other divisions and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department. The Director may, with the approval of the Office of the Governor, assign to and share functions, powers, duties, and personnel with other State agencies such that administrative services and administrative facilities are provided by a shared administrative service center. Where possible, shared services which impact youth should be done with child-serving agencies. These administrative services may include, but are not limited to, all of the following functions: budgeting, accounting related functions, auditing, human resources, legal, procurement, training, data collection and analysis, information technology, internal investigations, intelligence, legislative services, emergency response capability, statewide transportation services, and general office support. (f) The Department of Juvenile Justice may enter into intergovernmental cooperation agreements under which minors adjudicated delinquent and committed to the Department of Juvenile Justice may participate in county juvenile impact incarceration programs established under Section 3-6039 of the Counties Code.
(g) The Department of Juvenile Justice must comply with the ethnic and racial background data collection procedures provided in Section 4.5 of the Criminal Identification Act. (h) The Department of Juvenile Justice shall implement a wellness program to support health and wellbeing among staff and service providers within the Department of Juvenile Justice environment. The Department of Juvenile Justice shall establish response teams to provide support to employees and staff affected by events that are both duty-related and not duty-related and provide training to response team members. The Department's wellness program shall be accessible to any Department employee or service provider, including contractual employees and approved volunteers. The wellness program may include information sharing, education and activities designed to support health and well-being within the Department's environment. Access to
wellness response team support shall be voluntary and remain confidential. (Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.) |
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties. (a) In addition to the powers, duties, and responsibilities which are otherwise provided by law or transferred to the Department as a result of this Article, the Department, as determined by the Director, shall have, but is not limited to, the following rights, powers, functions, and duties: (1) To accept juveniles committed to it by the courts |
| of this State for care, custody, treatment, and rehabilitation.
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(2) To maintain and administer all State juvenile
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| youth centers previously under the control of the Juvenile and Women's & Children Divisions of the Department of Corrections, and to establish and maintain youth centers as needed to meet the needs of the youth committed to its care.
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(3) To identify the need for and recommend the
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| funding and implementation of an appropriate mix of programs and services within the juvenile justice continuum, including, but not limited to, prevention, nonresidential and residential commitment programs, day treatment, and conditional release programs and services, with the support of educational, vocational, alcohol, drug abuse, and mental health services where appropriate.
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(3.5) To assist youth committed to the Department of
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| Juvenile Justice under the Juvenile Court Act of 1987 with successful reintegration into society, the Department shall retain custody and control of all adjudicated delinquent juveniles released under Section 3-2.5-85 or 3-3-10 of this Code, shall provide a continuum of post-release treatment and services to those youth, and shall supervise those youth during their release period in accordance with the conditions set by the Department or the Prisoner Review Board.
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(4) To establish and provide transitional and
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| post-release treatment programs for juveniles committed to the Department. Services shall include, but are not limited to:
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(i) family and individual counseling and
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(ii) referral services to any other State or
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(iii) mental health services;
(iv) educational services;
(v) family counseling services; and
(vi) substance abuse services.
(5) To access vital records of juveniles for the
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| purposes of providing necessary documentation for transitional services such as obtaining identification, educational enrollment, employment, and housing.
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(6) To develop staffing and workload standards and
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| coordinate staff development and training appropriate for juvenile populations.
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(6.5) To develop policies and procedures promoting
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| family engagement and visitation appropriate for juvenile populations.
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(7) To develop, with the approval of the Office of
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| the Governor and the Governor's Office of Management and Budget, annual budget requests.
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(8) To administer the Interstate Compact for
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| Juveniles, with respect to all juveniles under its jurisdiction, and to cooperate with the Department of Human Services with regard to all non-offender juveniles subject to the Interstate Compact for Juveniles.
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(9) To decide the date of release on aftercare for
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| youth committed to the Department under Section 5-750 of the Juvenile Court Act of 1987.
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(10) To set conditions of aftercare release for all
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| youth committed to the Department under the Juvenile Court Act of 1987.
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(b) The Department may employ personnel in accordance with the Personnel Code and Section 3-2.5-15 of this Code, provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Implementation Act, all of the powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were transferred from the Department of Corrections to the Department of Healthcare and Family Services by Executive Order 3 (2005) are transferred back to the Department of Corrections; however, powers, duties, rights, and responsibilities related to State healthcare purchasing under this Code that were exercised by the Department of Corrections before the effective date of Executive Order 3 (2005) but that pertain to individuals resident in facilities operated by the Department of Juvenile Justice are transferred to the Department of Juvenile Justice.
(d) To maintain and administer all State youth centers and facilities under its control and to establish new ones as needed. Pursuant to its power to establish new youth centers and facilities, the Department may, with the written approval of the Governor, authorize the Department of Central Management Services to enter into an agreement of the type described in subsection (d) of Section 405-300 of the Department of Central Management Services Law. The Department shall designate those institutions which shall constitute the Youth Corrections System.
Pursuant to its power to establish new institutions and facilities, the Department may authorize the Department of Central Management Services to accept bids from counties and municipalities for the construction, remodeling or conversion of a structure to be leased to the Department of Juvenile Justice for the purposes of its serving as a youth center or facility. Such construction, remodeling or conversion may be financed with revenue bonds issued pursuant to the Industrial Building Revenue Bond Act by the municipality or county. The lease specified in a bid shall be for a term of not less than the time needed to retire any revenue bonds used to finance the project, but not to exceed 40 years. The lease may grant to the State the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify one or more of the bids and shall submit any such bids to the General Assembly for approval. Upon approval of a bid by a constitutional majority of both houses of the General Assembly, pursuant to joint resolution, the Department of Central Management Services may enter into an agreement with the county or municipality pursuant to such bid.
(Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21; 102-558, eff. 8-20-21.)
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(730 ILCS 5/3-2.5-60)
Sec. 3-2.5-60. Savings provisions. (a) The rights, powers, duties, and functions transferred to the Department of Juvenile Justice by this Article shall be vested in and exercised by the Department subject to the provisions of this Article. An act done by the Department of an officer, employee, or agent of the Department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the Juvenile Division of the Department of Corrections or an officer, employee, or agent of the Juvenile Division of the Department of Corrections. (b) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not invalidate any previous action taken by or in respect to the Juvenile Division of the Department of Corrections or its officers, employees, or agents. References to the Juvenile Division of the Department of Corrections or its officers, employees, or agents in any document, contract, agreement, or law shall in appropriate contexts, be deemed to refer to the Department or its officers, employees, or agents. (c) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions. (d) With respect to matters that pertain to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article: (1) Beginning on the effective date of this |
| amendatory Act of the 94th General Assembly, a report or notice that was previously required to be made or given by any person to the Juvenile Division of the Department of Corrections or any of its officers, employees, or agents shall be made or given in the same manner to the Department or its appropriate officer, employee, or agent.
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(2) Beginning on the effective date of this
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| amendatory Act of the 94th General Assembly, a document that was previously required to be furnished or served by any person to or upon the Juvenile Division of the Department of Corrections or any of its officers, employees, or agents shall be furnished or served in the same manner to or upon the Department of Juvenile Justice or its appropriate officer, employee, or agent.
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(e) This Article does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before the effective date of this amendatory Act of the 94th General Assembly. Any such action or proceeding that pertains to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article and that is pending on that date may be prosecuted, defended, or continued by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/3-2.5-61) Sec. 3-2.5-61. Annual and other reports. (a) The Director shall make an annual electronic report to the Governor and General Assembly concerning persons committed to the Department, its institutions, facilities, and programs, of all moneys expended and received, and on what accounts expended and received no later than January 1 of each year. The report shall include the ethnic and racial background data, not identifiable to an individual, of all persons committed to the Department, its institutions, facilities, programs, and outcome measures established with the Juvenile Advisory Board. (b) The Department of Juvenile Justice shall, by January 1, April 1, July 1, and October 1 of each year, electronically transmit to the Governor and General Assembly, a report which shall include the following information: (1) the number of youth in each of the Department's |
| facilities and the number of youth on aftercare;
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(2) the demographics of sex, age, race and ethnicity,
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| classification of offense, and geographic location where the offense occurred;
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(3) the educational and vocational programs provided
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| at each facility and the number of residents participating in each program;
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(4) the present capacity levels in each facility;
(5) staff-to-youth ratios in accordance with the
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| federal Prison Rape Elimination Act (PREA) definitions;
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(6) the number of reported assaults on staff at each
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(7) the number of reported incidents of youth sexual
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| aggression towards staff at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive harassing language such as repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature; and
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(8) the number of staff injuries resulting from youth
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| violence at each facility including descriptions of the nature and location of the injuries, the number of staff injuries requiring medical treatment at the facility, the number of staff injuries requiring outside medical treatment and the number of days off work per injury. For purposes of this Section, the definition of assault on staff includes, but is not limited to, kicking, punching, knocking down, harming or threatening to harm with improvised weapons, or throwing urine or feces at staff.
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(c) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act.
(d) The Department shall:
(1) establish a reasonable procedure for employees
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| to report work-related assaults and injuries. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace assault or injury;
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(2) inform each employee:
(A) of the procedure for reporting work-related
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(B) of the right to report work-related assaults
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(C) that the Department is prohibited from
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| discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and
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(3) not discharge, discipline or in any manner
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| discriminate against any employee for reporting a work-related assault or injury.
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(e) For the purposes of paragraphs (7) and (8) of subsection (b) only, reports shall be filed beginning July 1, 2019 or the implementation of the Department's Offender 360 Program, whichever occurs first.
(Source: P.A. 100-1075, eff. 1-1-19; 101-159, eff. 1-1-20 .)
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(730 ILCS 5/3-2.5-65) Sec. 3-2.5-65. Juvenile Advisory Board. (a) There is created a Juvenile Advisory Board composed of 11 persons, appointed by the Governor to advise the Director on matters pertaining to juvenile offenders. The members of the Board shall be qualified for their positions by demonstrated interest in and knowledge of juvenile correctional work consistent with the definition of purpose and mission of the Department in Section 3-2.5-5 and shall not be officials of the State in any other capacity. The members under this amendatory Act of the 94th General Assembly shall be appointed as soon as possible after the effective date of this amendatory Act of the 94th General Assembly and be appointed to staggered terms 3 each expiring in 2007, 2008, and 2009 and 2 of the members' terms expiring in 2010. Thereafter all members will serve for a term of 6 years, except that members shall continue to serve until their replacements are appointed. Any vacancy occurring shall be filled in the same manner for the remainder of the term. The Director of Juvenile Justice shall be an ex officio member of the Board. The Board shall elect a chair from among its appointed members. The Director shall serve as secretary of the Board. Members of the Board shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties. The Board shall meet quarterly and at other times at the call of the chair. (b) The Board shall: (1) Advise the Director concerning policy matters and |
| programs of the Department with regard to the custody, care, study, discipline, training, and treatment of juveniles in the State juvenile correctional institutions and for the care and supervision of juveniles on aftercare release.
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(2) Establish, with the Director and in conjunction
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| with the Office of the Governor, outcome measures for the Department in order to ascertain that it is successfully fulfilling the mission mandated in Section 3-2.5-5 of this Code. The annual results of the Department's work as defined by those measures shall be included in an annual report transmitted to the Governor and General Assembly by the Director.
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(Source: P.A. 98-558, eff. 1-1-14; 99-255, eff. 1-1-16 .)
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(730 ILCS 5/3-2.5-70) Sec. 3-2.5-70. Aftercare. (a) The Department shall implement an aftercare program that includes, at a minimum, the following program elements: (1) A process for developing and implementing a case |
| management plan for timely and successful reentry into the community beginning upon commitment.
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(2) A process for reviewing committed youth for
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| recommendation for aftercare release.
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(3) Supervision in accordance with the conditions set
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| by the Department or Prisoner Review Board and referral to and facilitation of community-based services including education, social and mental health services, substance abuse treatment, employment and vocational training, individual and family counseling, financial counseling, and other services as appropriate; and assistance in locating appropriate residential placement and obtaining suitable employment. The Department may purchase necessary services for a releasee if they are otherwise unavailable and the releasee is unable to pay for the services. It may assess all or part of the costs of these services to a releasee in accordance with his or her ability to pay for the services.
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(4) Standards for sanctioning violations of
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| conditions of aftercare release that ensure that juvenile offenders face uniform and consistent consequences that hold them accountable taking into account aggravating and mitigating factors and prioritizing public safety.
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(5) A process for reviewing youth on aftercare
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(b) The Department of Juvenile Justice shall have the following rights, powers, functions, and duties:
(1) To investigate alleged violations of an aftercare
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| releasee's conditions of release; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of documents only if there is reason to believe that the procedures would provide evidence that the violations have occurred. If any person fails to obey a subpoena issued under this subsection, the Director may apply to any circuit court to secure compliance with the subpoena. The failure to comply with the order of the court issued in response thereto shall be punishable as contempt of court.
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(2) To issue a violation warrant for the apprehension
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| of an aftercare releasee for violations of the conditions of aftercare release. Aftercare specialists and supervisors have the full power of peace officers in the retaking of any youth alleged to have violated the conditions of aftercare release.
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(c) The Department of Juvenile Justice shall designate aftercare specialists qualified in juvenile matters to perform case management and post-release programming functions under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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