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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 17a-5 as follows:
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6 | (20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
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7 | Sec. 17a-5.
The Department of Human Services shall be | ||||||
8 | successor to the
Department of Children and Family Services in | ||||||
9 | the latter Department's capacity
as successor to the Illinois | ||||||
10 | Law Enforcement
Commission in the functions of that Commission | ||||||
11 | relating to juvenile justice
and the federal Juvenile Justice | ||||||
12 | and Delinquency Prevention Act of 1974
as amended, and shall | ||||||
13 | have the powers, duties and functions specified in
this Section | ||||||
14 | relating to juvenile justice and the federal Juvenile Justice
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15 | and Delinquency Prevention Act of 1974, as amended.
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16 | (1) Definitions. As used in this Section:
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17 | (a) "juvenile justice system" means all activities by | ||||||
18 | public or private
agencies or persons pertaining to the | ||||||
19 | handling of youth involved or having
contact with the | ||||||
20 | police, courts or corrections;
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21 | (b) "unit of general local government" means any | ||||||
22 | county, municipality
or other general purpose political | ||||||
23 | subdivision of this State;
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1 | (c) "Commission" means the Illinois Juvenile Justice
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2 | Commission provided for in Section 17a-9 of this Act.
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3 | (2) Powers and Duties of Department. The Department of | ||||||
4 | Human Services
shall serve as the
official State Planning | ||||||
5 | Agency for juvenile justice for the State of Illinois
and in | ||||||
6 | that capacity is authorized and empowered to discharge any and | ||||||
7 | all
responsibilities imposed on such bodies by the federal | ||||||
8 | Juvenile Justice
and Delinquency Prevention Act of 1974, as | ||||||
9 | amended, specifically the
deinstitutionalization
of status | ||||||
10 | offenders, separation of juveniles and adults in municipal and
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11 | county jails, removal of juveniles from county and municipal | ||||||
12 | jails and
monitoring
of compliance with these mandates. In | ||||||
13 | furtherance thereof, the Department
has the powers and duties | ||||||
14 | set forth in paragraphs 3 through 15 of this Section:
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15 | (3) To develop annual comprehensive plans based on analysis | ||||||
16 | of juvenile
crime problems and juvenile justice and delinquency | ||||||
17 | prevention needs in
the State, for the improvement of juvenile | ||||||
18 | justice throughout the State,
such plans to be in accordance | ||||||
19 | with the federal Juvenile Justice and Delinquency
Prevention | ||||||
20 | Act of 1974, as amended;
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21 | (4) To define, develop and correlate programs and projects | ||||||
22 | relating to
administration of juvenile justice for the State | ||||||
23 | and units of general local
government within the State or for | ||||||
24 | combinations of such units for
improvement in law enforcement;
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25 | (5) To advise, assist and make recommendations to the | ||||||
26 | Governor as to how
to achieve a more efficient and effective |
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1 | juvenile justice system;
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2 | (5.1) To develop recommendations to ensure the effective | ||||||
3 | reintegration of youth offenders into communities to which they | ||||||
4 | are returning. The Illinois Juvenile Justice Commission, | ||||||
5 | utilizing available information provided by the Department of | ||||||
6 | Juvenile Justice, the Prisoner Review Board, the Illinois | ||||||
7 | Criminal Justice Information Authority, and any other relevant | ||||||
8 | State agency, shall develop by September 30, 2010, a report on | ||||||
9 | juveniles who have been the subject of a parole revocation | ||||||
10 | within the past year in Illinois. The report shall provide | ||||||
11 | information on the number of youth confined in the Department | ||||||
12 | of Juvenile Justice for revocation based on a technical parole | ||||||
13 | violation, the length of time the youth spent on parole prior | ||||||
14 | to the revocation, the nature of the committing offense that | ||||||
15 | served as the basis for the original commitment, demographic | ||||||
16 | information including age, race, sex, and zip code of the | ||||||
17 | underlying offense and the conduct leading to revocation. In | ||||||
18 | addition, the Juvenile Justice Commission shall develop | ||||||
19 | recommendations to: | ||||||
20 | (A) recommend the development of a tracking system to | ||||||
21 | provide quarterly statewide reports on youth released from | ||||||
22 | the Illinois Department of Juvenile Justice including | ||||||
23 | lengths of stay in the Illinois Department of Juvenile | ||||||
24 | Justice prior to release, length of monitoring | ||||||
25 | post-release, pre-release services provided to each youth, | ||||||
26 | violations of release conditions including length of |
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1 | release prior to violation, nature of violation, and | ||||||
2 | intermediate sanctions offered prior to violation; | ||||||
3 | (B) recommend outcome measures of educational | ||||||
4 | attainment, employment, homelessness, recidivism, and | ||||||
5 | other appropriate measures that can be used to assess the | ||||||
6 | performance of the State of Illinois in operating youth | ||||||
7 | offender reentry programs ; . | ||||||
8 | (C) recommend due process protections for youth during | ||||||
9 | release decision-making processes including, but not | ||||||
10 | limited to, parole revocation proceedings and release on | ||||||
11 | parole. | ||||||
12 | The Juvenile Justice Commission shall include information | ||||||
13 | and recommendations on the effectiveness of the State's | ||||||
14 | juvenile reentry programming, including progress on the | ||||||
15 | recommendations in subparagraphs (A) and (B) of this paragraph | ||||||
16 | (5.1), in its annual submission of recommendations to the | ||||||
17 | Governor and the General Assembly on matters relative to its | ||||||
18 | function, and in its annual juvenile justice plan. This | ||||||
19 | paragraph (5.1) may be cited as the Youth Reentry Improvement | ||||||
20 | Law of 2009; | ||||||
21 | (6) To act as a central repository for federal, State, | ||||||
22 | regional and local
research studies, plans, projects, and | ||||||
23 | proposals relating to the improvement
of the juvenile justice | ||||||
24 | system;
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25 | (7) To act as a clearing house for information relating to | ||||||
26 | all aspects
of juvenile justice system improvement;
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1 | (8) To undertake research studies to aid in accomplishing | ||||||
2 | its purposes;
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3 | (9) To establish priorities for the expenditure of funds | ||||||
4 | made
available by the United States for the improvement of the | ||||||
5 | juvenile justice
system throughout the State;
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6 | (10) To apply for, receive, allocate, disburse, and account | ||||||
7 | for grants
of funds made available by the United States | ||||||
8 | pursuant to the federal Juvenile
Justice and Delinquency | ||||||
9 | Prevention Act of 1974, as amended; and such other
similar | ||||||
10 | legislation as may be enacted from time to time in order to | ||||||
11 | plan,
establish, operate, coordinate, and evaluate projects | ||||||
12 | directly or through
grants and contracts with public and | ||||||
13 | private agencies for the development
of more effective | ||||||
14 | education, training, research, prevention, diversion,
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15 | treatment and rehabilitation programs in the area of juvenile | ||||||
16 | delinquency
and programs to improve the juvenile justice | ||||||
17 | system;
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18 | (11) To insure that no more than the maximum percentage of | ||||||
19 | the total annual
State allotment of juvenile justice funds be | ||||||
20 | utilized for the administration
of such funds;
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21 | (12) To provide at least 66-2/3 per centum of funds | ||||||
22 | received by the State
under the Juvenile Justice and | ||||||
23 | Delinquency Prevention Act of 1974, as amended,
are expended | ||||||
24 | through:
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25 | (a) programs of units of general local government or | ||||||
26 | combinations thereof,
to the extent such programs are |
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1 | consistent with the State plan; and
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2 | (b) programs of local private agencies, to the extent | ||||||
3 | such programs are
consistent with the State plan;
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4 | (13) To enter into agreements with the United States | ||||||
5 | government
which may be required as a condition of obtaining | ||||||
6 | federal funds;
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7 | (14) To enter into contracts and cooperate with units of | ||||||
8 | general local
government or combinations of such units, State | ||||||
9 | agencies, and private
organizations
of all types, for the | ||||||
10 | purpose of carrying out the duties of the Department
imposed by | ||||||
11 | this Section or by federal law or
regulations;
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12 | (15) To exercise all other powers that are reasonable and | ||||||
13 | necessary to
fulfill its functions under applicable federal law | ||||||
14 | or to further the
purposes of this Section.
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15 | (Source: P.A. 96-853, eff. 12-23-09.)
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16 | Section 10. The Unified Code of Corrections is amended by | ||||||
17 | changing Section 3-3-9 as follows:
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18 | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
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19 | Sec. 3-3-9. Violations; changes of conditions; preliminary
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20 | hearing; revocation of parole or mandatory supervised release;
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21 | revocation hearing. | ||||||
22 | (a) If prior to expiration or termination of the term of
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23 | parole or mandatory supervised release, a person violates a
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24 | condition set by the Prisoner Review Board or a condition of |
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1 | parole or
mandatory supervised release under Section 3-3-7 of | ||||||
2 | this Code to govern that
term,
the Board may:
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3 | (1) continue the existing term, with or without | ||||||
4 | modifying or
enlarging the conditions; or
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5 | (2) parole or release the person to a half-way house; | ||||||
6 | or
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7 | (3) revoke the parole or mandatory supervised release | ||||||
8 | and
reconfine the person for a term computed in the | ||||||
9 | following
manner:
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10 | (i) (A) For those sentenced under the law in effect | ||||||
11 | prior to
this amendatory Act of 1977, the recommitment | ||||||
12 | shall be for any
portion of the imposed maximum term of | ||||||
13 | imprisonment or confinement
which had not been served | ||||||
14 | at the time of parole and the parole
term, less the | ||||||
15 | time elapsed between the parole of the person and
the | ||||||
16 | commission of the violation for which parole was | ||||||
17 | revoked;
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18 | (B) Except as set forth in paragraph (C), for
those | ||||||
19 | subject to mandatory supervised release under
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20 | paragraph (d) of Section 5-8-1 of this Code, the | ||||||
21 | recommitment
shall be for the total mandatory | ||||||
22 | supervised release term, less
the time elapsed between | ||||||
23 | the release of the person and the
commission of the | ||||||
24 | violation for which mandatory supervised
release is | ||||||
25 | revoked. The Board may also order that a prisoner
serve | ||||||
26 | up to one year of the sentence imposed by the court |
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1 | which
was not served due to the accumulation of good | ||||||
2 | conduct credit;
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3 | (C) For those subject to sex offender supervision | ||||||
4 | under clause (d)(4) of Section 5-8-1 of this Code, the | ||||||
5 | reconfinement period for violations of clauses (a)(3) | ||||||
6 | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | ||||||
7 | years from the date of reconfinement.
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8 | (ii) the person shall be given credit against the | ||||||
9 | term of
reimprisonment or reconfinement for time spent | ||||||
10 | in custody
since he was paroled or released which has | ||||||
11 | not been credited
against another sentence or period of | ||||||
12 | confinement;
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13 | (iii) persons committed under the Juvenile Court | ||||||
14 | Act or the Juvenile
Court Act of 1987 may be continued | ||||||
15 | under the existing term of parole with or without | ||||||
16 | modifying the conditions of parole, paroled or | ||||||
17 | released to a group home or other residential facility, | ||||||
18 | or shall be recommitted until the age of 21 unless | ||||||
19 | sooner terminated ;
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20 | (iv) this Section is subject to the release under
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21 | supervision and the reparole and rerelease provisions | ||||||
22 | of Section
3-3-10.
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23 | (b) The Board may revoke parole or mandatory supervised
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24 | release for violation of a condition for the duration of the
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25 | term and for any further period which is reasonably necessary
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26 | for the adjudication of matters arising before its expiration.
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1 | The issuance of a warrant of arrest for an alleged violation
of | ||||||
2 | the conditions of parole or mandatory supervised release
shall | ||||||
3 | toll the running of the term until the final determination of | ||||||
4 | the
charge. When
parole or mandatory supervised release is not | ||||||
5 | revoked
that period shall be credited to the term, unless a | ||||||
6 | community-based sanction is imposed as an alternative to | ||||||
7 | revocation and reincarceration, including a diversion | ||||||
8 | established by the Illinois Department of Corrections Parole | ||||||
9 | Services Unit prior to the holding of a preliminary parole | ||||||
10 | revocation hearing. Parolees who are diverted to a | ||||||
11 | community-based sanction shall serve the entire term of parole | ||||||
12 | or mandatory supervised release, if otherwise appropriate.
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13 | (b-5) The Board shall revoke parole or mandatory supervised | ||||||
14 | release for violation of the conditions prescribed in paragraph | ||||||
15 | (7.6) of subsection (a) of Section 3-3-7. | ||||||
16 | (c) A person charged with violating a condition of parole | ||||||
17 | or
mandatory supervised release shall have a preliminary | ||||||
18 | hearing
before a hearing officer designated by the Board to | ||||||
19 | determine
if there is cause to hold the person for a revocation | ||||||
20 | hearing.
However, no preliminary hearing need be held when | ||||||
21 | revocation is based
upon new criminal charges and a court finds | ||||||
22 | probable cause on the new
criminal charges or when the | ||||||
23 | revocation
is based upon a new criminal conviction and a | ||||||
24 | certified copy of
that conviction is available.
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25 | (d) Parole or mandatory supervised release shall not be
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26 | revoked without written notice to the offender setting forth
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1 | the violation of parole or mandatory supervised release charged
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2 | against him.
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3 | (e) A hearing on revocation shall be conducted before at
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4 | least one member of the Prisoner Review Board. The Board may
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5 | meet and order its actions in panels of 3 or more members.
The | ||||||
6 | action of a majority of the panel shall be the action of
the | ||||||
7 | Board. In consideration of persons committed to the Department | ||||||
8 | of Juvenile Justice, the member hearing the matter and at least | ||||||
9 | a majority
of the panel shall be experienced in juvenile | ||||||
10 | matters. A record
of the hearing shall be made. At the hearing | ||||||
11 | the offender shall
be permitted to:
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12 | (1) appear and answer the charge; and
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13 | (2) bring witnesses on his behalf.
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14 | (f) The Board shall either revoke parole or mandatory
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15 | supervised release or order the person's term continued with
or | ||||||
16 | without modification or enlargement of the conditions.
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17 | (g) Parole or mandatory supervised release shall not be
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18 | revoked for failure to make payments under the conditions of
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19 | parole or release unless the Board determines that such failure | ||||||
20 | is
due to the offender's willful refusal to pay.
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21 | (Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; | ||||||
22 | 94-696, eff. 6-1-06; 95-82, eff. 8-13-07.)
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