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Public Act 098-0689
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| HB4781 Enrolled | LRB098 18210 RLC 53341 b |
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AN ACT concerning corrections.
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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 3. The School Code is amended by changing Section |
13-45 as follows:
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(105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
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Sec. 13-45.
Other provisions of this Code shall not apply |
to the Department of Juvenile Justice School District being all |
of the following Articles and
Sections: Articles 3, 3A, 4, 5, |
6, 7, 8, and 9, those Sections sections of Article 10 in |
conflict with
any provisions of Sections 13-40 through 13-45, |
and Articles 11, 12, 15,
17, 18, 19, 19A, 20, 22, 24, 24A, 26, |
31, 32, 33, and 34. Also Article 28 shall
not apply except that |
this School District may use any funds available from
State, |
Federal and other funds for the purchase of textbooks, |
apparatus and
equipment.
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(Source: P.A. 96-328, eff. 8-11-09.)
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-2.5-15 and 3-10-2 as follows:
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(730 ILCS 5/3-2.5-15) |
(Text of Section after amendment by P.A. 98-528) |
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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 be over the age of 21 and have a bachelor's or advanced |
degree from an accredited college or university with a |
specialization in criminal justice, education, psychology, |
social work, or a closely related social science or other |
bachelor's or advanced degree with at least 2 years experience |
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in the field of juvenile matters. 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 |
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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.
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(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. |
(Source: P.A. 98-528, eff. 1-1-15.)
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(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
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Sec. 3-10-2. Examination of Persons Committed to the |
Department of Juvenile Justice.
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(a) A person committed to the Department of Juvenile |
Justice shall be examined in
regard to his medical, |
psychological, social, educational and vocational
condition |
and history, including the use of alcohol and other drugs,
the |
circumstances of his offense and any other
information as the |
Department of Juvenile Justice may determine.
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(a-5) Upon admission of a person committed to the |
Department of Juvenile Justice, the Department of Juvenile |
Justice must provide the person with appropriate information |
concerning HIV and AIDS in writing, verbally, or by video or |
other electronic means. The Department of Juvenile Justice |
shall develop the informational materials in consultation with |
the Department of Public Health. At the same time, the |
Department of Juvenile Justice also must offer the person the |
option of being tested, at no charge to the person, for |
infection with human immunodeficiency virus (HIV). Pre-test |
information shall be provided to the committed person and |
informed consent obtained as required in subsection (d) of |
Section 3 and Section 5 of the AIDS Confidentiality Act. The |
Department of Juvenile Justice may conduct opt-out HIV testing |
as defined in Section 4 of the AIDS Confidentiality Act. If the |
Department conducts opt-out HIV testing, the Department shall |
place signs in English, Spanish and other languages as needed |
in multiple, highly visible locations in the area where HIV |
testing is conducted informing inmates that they will be tested |
for HIV unless they refuse, and refusal or acceptance of |
testing shall be documented in the inmate's medical record. The |
Department shall follow procedures established by the |
Department of Public Health to conduct HIV testing and testing |
to confirm positive HIV test results. All testing must be |
conducted by medical personnel, but pre-test and other |
information may be provided by committed persons who have |
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received appropriate training. The Department, in conjunction |
with the Department of Public Health, shall develop a plan that |
complies with the AIDS Confidentiality Act to deliver |
confidentially all positive or negative HIV test results to |
inmates or former inmates. Nothing in this Section shall |
require the Department to offer HIV testing to an inmate who is |
known to be infected with HIV, or who has been tested for HIV |
within the previous 180 days and whose documented HIV test |
result is available to the Department electronically. The
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testing provided under this subsection (a-5) shall consist of a |
test approved by the Illinois Department of Public Health to |
determine the presence of HIV infection, based upon |
recommendations of the United States Centers for Disease |
Control and Prevention. If the test result is positive, a |
reliable supplemental test based upon recommendations of the |
United States Centers for Disease Control and Prevention shall |
be
administered. |
Also upon admission of a person committed to the Department |
of Juvenile Justice, the Department of Juvenile Justice must |
inform the person of the Department's obligation to provide the |
person with medical care.
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(b) Based on its examination, the Department of Juvenile |
Justice may exercise the following
powers in developing a |
treatment program of any person committed to the Department of |
Juvenile Justice:
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(1) Require participation by him in vocational, |
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physical, educational
and corrective training and |
activities to return him to the community.
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(2) Place him in any institution or facility of the |
Department of Juvenile Justice.
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(3) Order replacement or referral to the Parole and |
Pardon Board as
often as it deems desirable. The Department |
of Juvenile Justice shall refer the person to the
Parole |
and Pardon Board as required under Section 3-3-4.
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(4) Enter into agreements with the Secretary of Human |
Services and
the Director of Children and Family
Services, |
with courts having probation officers, and with private |
agencies
or institutions for separate care or special |
treatment of persons subject
to the control of the |
Department of Juvenile Justice.
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(c) The Department of Juvenile Justice shall make periodic |
reexamination of all persons
under the control of the |
Department of Juvenile Justice to determine whether existing
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orders in individual cases should be modified or continued. |
This
examination shall be made with respect to every person at |
least once
annually.
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(d) A record of the treatment decision including any |
modification
thereof and the reason therefor, shall be part of |
the committed person's
master record file.
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(e) The Department of Juvenile Justice shall by certified |
mail and telephone or electronic message , return receipt |
requested,
notify the parent, guardian or nearest relative of |