SB2156eng 104TH GENERAL ASSEMBLY

SB2156 Engrossed LRB104 10595 RLC 20671 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by adding Section 3-2.5-105 as follows:

(730 ILCS 5/3-2.5-105 new)

Sec. 3-2.5-105. Child First Reform Task Force.

(a) The Child First Reform Task Force is created. The purpose of the Task Force is to review and study the current state of juvenile detention centers across the State. The Task Force shall consider the conditions and administration of individual juvenile detention centers, identify the resources needed to consistently meet the minimum standards set by the Department of Juvenile Justice and the Administrative Office of the Illinois Courts, evaluate complaints arising out of juvenile detention centers, identify best practices to provide detention center care, propose community-based alternatives to juvenile detention, and advise on the creation of the Youth Advisory Agency with youth justice advisors and district youth advisory offices in each circuit court district. The Task Force shall also make recommendations for policy changes at the Department of Juvenile Justice to support child-first directives aligned with the policies and practices established in the Convention on the Rights of the Child that was adopted by the United Nations General Assembly on November 20, 1989, and became effective as an international treaty on September 2, 1990.

(b) The Task Force shall consist of the following members:

(1) A member of the Senate appointed by the President of the Senate.

(2) A member of the Senate appointed by the Minority Leader of the Senate.

(3) A member of the House appointed by the Speaker of the House.

(4) A member of the House appointed by the Minority Leader of the House.

(5) A member appointed by the Director of Juvenile Justice.

(6) A member appointed by the Director of Human Rights.

(7) A member appointed by the Independent Juvenile Ombudsperson.

(8) A member appointed by the Independent Juvenile Ombudsperson who represents an organization that advocates for a community-based rehabilitation or systems impacted individuals.

(9) A member appointed by the Independent Juvenile Ombudsperson who represents an organization that advocates for juvenile justice reform.

(10) Two members appointed by the Illinois Juvenile Justice Commission.

(11) A member appointed by the Director of the Governor's Office of Management and Budget.

(12) One member appointed by the Lieutenant Governor who is a member of a county board of a county operating a county detention facility.

(13) One member appointed by the Lieutenant Governor who is a juvenile detention officer, probation officer, or other facility employee at a county detention facility who makes the determination on whether to detain a juvenile at the county detention facility.

(14) A member appointed by the Lieutenant Governor from the Justice, Equity, and Opportunity Initiative.

(15) Two members appointed by the Director of Juvenile Justice who are over the age of 18 and who have served any amount of time in a county juvenile detention facility.

(16) A member appointed by the Director of the Illinois State Police.

(17) A member appointed by the Secretary of Human Services.

The Task Force may include 2 additional members appointed by the Illinois Supreme Court.

(c) Appointments to the Task Force shall be made within 90 days after the effective date of this amendatory Act of the 104th General Assembly. Members shall serve without compensation.

(d) The Task Force shall meet at the call of a co-chair at least quarterly to fulfill its duties. The members of the Task Force shall select 2 co-chairs from among themselves at their first meeting.

(e) The Task Force shall:

(1) engage community organizations, interested groups, and members of the public for the purpose of assessing:

(A) community-based alternatives to detention and the adoption and implementation of such alternatives;

(B) the needs of juveniles detained in county detention facilities;

(C) strategic planning for a transition away from juvenile detention facilities;

(D) the establishment of more accountability between county facilities and the Department of Juvenile Justice, or if there would be a benefit for the State in operating detention centers for persons awaiting sentencing or court determination, in lieu of counties providing this service, when in extreme cases the county detention center is unable to pass minimum standards ;

(E) evidence-based best practices regarding the delivery of services within detention centers, including healthcare and education;

(F) the integration of restorative practices into the juvenile detention system, focusing on healing, accountability, and community restoration;

(G) the implementation of child-first directives within the Department of Juvenile Justice and throughout the State;

(H) strategic planning for creating a Youth Advisory Agency with district youth advisory offices in each circuit court district;

(I) the implementation of youth justice advisors within the Youth Advisory Agency to guide juveniles through the juvenile justice process, including through interactions with law enforcement, the courts, and community-based alternatives to detention;

(J) how county juvenile detention facilities are currently funded;

(K) how to encourage the Illinois Supreme Court and relevant authorities to require, as a consistent part of continuing education, training on child-first directives, child rights, and the unique needs of minors in the justice system; and

(L) the establishment of training requirements by the Illinois Law Enforcement Training Standards Board for law enforcement on child-first directives, child rights, and the unique needs of minors in the justice system;

(2) review available research and data on the benefits of community-based alternatives to detention versus the benefits of juvenile detention;

(3) review Administrative Office of the Illinois Courts, Department of Juvenile Justice, and Independent Ombudsperson monitoring reports to identify specific instances of non-compliance arising out of county juvenile detention facilities and patterns of noncompliance Statewide; and

(4) make recommendations or suggestions for changes to the County Shelter Care and Detention Home Act and the Unified Code of Corrections, including changes and improvements to the juvenile detention system.

(f) On or before January 1, 2026, the Task Force shall publish a final report of its findings and non-binding recommendations. The report shall, at a minimum, detail findings and recommendations related to the duties of the Task Force and the following:

(1) the process and standards used to determine whether a juvenile will be detained in a county facility;

(2) information and recommendations on detention facility standards, including how to ensure compliance with minimum standards, which facilities are chronically noncompliant and the reasons for noncompliance, including specific instances of noncompliance, and penalties for noncompliance;

(3) strategic planning suggestions to transition away from juvenile detention;

(4) how county juvenile detention facilities are currently funded;

(5) recommendations on whether to establish more accountability between county facilities and the Department of Juvenile Justice, or whether the operation of all detention centers should be transferred to the Department of Juvenile Justice;

(6) how to incorporate restorative practices into the juvenile justice system;

(7) implementing child-first directives throughout the State;

(8) strategic planning suggestions on creating a Youth Advisory Agency with youth justice advisors and district youth advisory offices in each circuit court district;

(9) recommendations on the duties of youth justice advisors and the role they will serve in assisting juveniles through the juvenile justice process, including through interactions with law enforcement, the courts, and community-based alternatives to detention, and recommendations on how many youth justice advisors to staff for each circuit court district;

(10) strategic planning suggestions to encourage the Illinois Supreme Court and relevant authorities to require, as a consistent part of continuing education, training on child-first directives, child rights, and the unique needs of minors in the justice system; and

(11) strategic planning to require the Illinois Law Enforcement Training Standards Board to establish training for law enforcement on child-first directives, child rights, and the unique needs of minors in the justice system.

The final report shall be submitted to the General Assembly, the Offices of the Governor and Lieutenant Governor, the Chief Judge of each circuit court operating a county detention facility, the county board of each county operating a county detention facility, and the Office of the Attorney General.

(g) The Department of Juvenile Justice shall provide administrative support for the Task Force.

(h) This Section is repealed on January 1, 2028.

Section 99. Effective date. This Act takes effect upon becoming law.