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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 17a-5 as follows:
 
6    (20 ILCS 505/17a-5)  (from Ch. 23, par. 5017a-5)
7    Sec. 17a-5. The Department of Human Services shall be
8successor to the Department of Children and Family Services in
9the latter Department's capacity as successor to the Illinois
10Law Enforcement Commission in the functions of that Commission
11relating to juvenile justice and the federal Juvenile Justice
12and Delinquency Prevention Act of 1974 as amended, and shall
13have the powers, duties and functions specified in this Section
14relating to juvenile justice and the federal Juvenile Justice
15and Delinquency Prevention Act of 1974, as amended.
16    (1) Definitions. As used in this Section:
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;
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
2    Commission provided for in Section 17a-9 of this Act.
3    (2) Powers and Duties of Department. The Department of
4Human Services shall serve as the official State Planning
5Agency for juvenile justice for the State of Illinois and in
6that capacity is authorized and empowered to discharge any and
7all responsibilities imposed on such bodies by the federal
8Juvenile Justice and Delinquency Prevention Act of 1974, as
9amended, specifically the deinstitutionalization of status
10offenders, separation of juveniles and adults in municipal and
11county jails, removal of juveniles from county and municipal
12jails and monitoring of compliance with these mandates. In
13furtherance thereof, the Department has the powers and duties
14set forth in paragraphs 3 through 15 of this Section:
15    (3) To develop annual comprehensive plans based on analysis
16of juvenile crime problems and juvenile justice and delinquency
17prevention needs in the State, for the improvement of juvenile
18justice throughout the State, such plans to be in accordance
19with the federal Juvenile Justice and Delinquency Prevention
20Act of 1974, as amended;
21    (4) To define, develop and correlate programs and projects
22relating to administration of juvenile justice for the State
23and units of general local government within the State or for
24combinations of such units for improvement in law enforcement;
25    (5) To advise, assist and make recommendations to the
26Governor as to how to achieve a more efficient and effective

 

 

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1juvenile justice system;
2    (5.1) To develop recommendations to ensure the effective
3reintegration of youth offenders into communities to which they
4are returning. The Illinois Juvenile Justice Commission,
5utilizing available information provided by the Department of
6Juvenile Justice, the Prisoner Review Board, the Illinois
7Criminal Justice Information Authority, and any other relevant
8State agency, shall develop by September 30, 2010, a report on
9juveniles who have been the subject of a parole revocation
10within the past year in Illinois. The report shall provide
11information on the number of youth confined in the Department
12of Juvenile Justice for revocation based on a technical parole
13violation, the length of time the youth spent on parole prior
14to the revocation, the nature of the committing offense that
15served as the basis for the original commitment, demographic
16information including age, race, sex, and zip code of the
17underlying offense and the conduct leading to revocation. In
18addition, the Juvenile Justice Commission shall develop
19recommendations 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 Commission shall study and make recommendations to the
13Governor and General Assembly to ensure the effective treatment
14and supervision of the specialized population of juvenile
15offenders who are adjudicated delinquent for a sex offense. The
16Illinois Juvenile Justice Commission shall utilize available
17information and research on best practices within the State and
18across the nation including, but not limited to research and
19recommendations from the U.S. Department of Justice. Among
20other relevant options, the Commission shall: consider
21requiring specially trained probation, parole or aftercare
22officers to supervise juveniles adjudicated as sex offenders;
23explore the development of individualized probation or parole
24orders which would include, but is not limited to, supervision
25and treatment options for juveniles adjudicated as sex
26offenders; and consider the appropriateness and feasibility of

 

 

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1restricting juveniles adjudicated as sex offenders from
2certain locations including schools and parks.
3    The Juvenile Justice Commission shall include information
4and recommendations on the effectiveness of the State's
5juvenile reentry programming, including progress on the
6recommendations in subparagraphs (A) and (B) of this paragraph
7(5.1), in its annual submission of recommendations to the
8Governor and the General Assembly on matters relative to its
9function, and in its annual juvenile justice plan. This
10paragraph (5.1) may be cited as the Youth Reentry Improvement
11Law of 2009;
12    (6) To act as a central repository for federal, State,
13regional and local research studies, plans, projects, and
14proposals relating to the improvement of the juvenile justice
15system;
16    (7) To act as a clearing house for information relating to
17all aspects of juvenile justice system improvement;
18    (8) To undertake research studies to aid in accomplishing
19its purposes;
20    (9) To establish priorities for the expenditure of funds
21made available by the United States for the improvement of the
22juvenile justice system throughout the State;
23    (10) To apply for, receive, allocate, disburse, and account
24for grants of funds made available by the United States
25pursuant to the federal Juvenile Justice and Delinquency
26Prevention Act of 1974, as amended; and such other similar

 

 

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1legislation as may be enacted from time to time in order to
2plan, establish, operate, coordinate, and evaluate projects
3directly or through grants and contracts with public and
4private agencies for the development of more effective
5education, training, research, prevention, diversion,
6treatment and rehabilitation programs in the area of juvenile
7delinquency and programs to improve the juvenile justice
8system;
9    (11) To insure that no more than the maximum percentage of
10the total annual State allotment of juvenile justice funds be
11utilized for the administration of such funds;
12    (12) To provide at least 66-2/3 per centum of funds
13received by the State under the Juvenile Justice and
14Delinquency Prevention Act of 1974, as amended, are expended
15through:
16        (a) programs of units of general local government or
17    combinations thereof, to the extent such programs are
18    consistent with the State plan; and
19        (b) programs of local private agencies, to the extent
20    such programs are consistent with the State plan;
21    (13) To enter into agreements with the United States
22government which may be required as a condition of obtaining
23federal funds;
24    (14) To enter into contracts and cooperate with units of
25general local government or combinations of such units, State
26agencies, and private organizations of all types, for the

 

 

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1purpose of carrying out the duties of the Department imposed by
2this Section or by federal law or regulations;
3    (15) To exercise all other powers that are reasonable and
4necessary to fulfill its functions under applicable federal law
5or to further the purposes of this Section.
6(Source: P.A. 96-853, eff. 12-23-09; 96-1271, eff. 1-1-11.)