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Public Act 097-0163
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| SB2151 Enrolled | LRB097 09724 RLC 50467 b |
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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 |
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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 |
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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; |
(C) recommend due process protections for youth during |
release decision-making processes including, but not |
limited to, parole revocation proceedings and release on |
parole. |
The Commission shall study and make recommendations to the |
Governor and General Assembly to ensure the effective treatment |
and supervision of the specialized population of juvenile |
offenders who are adjudicated delinquent for a sex offense. The |
Illinois Juvenile Justice Commission shall utilize available |
information and research on best practices within the State and |
across the nation including, but not limited to research and |
recommendations from the U.S. Department of Justice. Among |
other relevant options, the Commission shall: consider |
requiring specially trained probation, parole or aftercare |
officers to supervise juveniles adjudicated as sex offenders; |
explore the development of individualized probation or parole |
orders which would include, but is not limited to, supervision |
and treatment options for juveniles adjudicated as sex |
offenders; and consider the appropriateness and feasibility of |
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restricting juveniles adjudicated as sex offenders from |
certain locations including schools and parks. |
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 |
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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 |