Full Text of HB0236 95th General Assembly
HB0236 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0236
Introduced 1/19/2007, by Rep. Tom Cross - Jim Durkin - David E. Miller - Patricia R. Bellock - Carolyn H. Krause, et al. SYNOPSIS AS INTRODUCED: |
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55 ILCS 75/1 |
from Ch. 23, par. 2681 |
55 ILCS 75/3 |
from Ch. 23, par. 2683 |
55 ILCS 75/9.1 |
from Ch. 23, par. 2689.1 |
55 ILCS 75/90 new |
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30 ILCS 805/8.31 new |
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Amends the County Shelter Care and Detention Home Act. Provides that the Cook County Temporary Juvenile Detention Center and any other shelter care homes and detention homes in Cook County are subject to the provisions of the Act and may continue to operate without further referendum. Makes corresponding changes. Provides that the Chief Judge of the Cook County Circuit Court has administrative control over the budget of shelter care or detention homes within Cook County. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State.
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FISCAL NOTE ACT MAY APPLY |
HOME RULE NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0236 |
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LRB095 04654 HLH 24712 b |
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| AN ACT concerning local government.
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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 County Shelter Care and Detention Home Act | 5 |
| is amended by changing Sections 1, 3, and 9.1, and by adding | 6 |
| Section 90 as follows:
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| (55 ILCS 75/1) (from Ch. 23, par. 2681)
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| Sec. 1. Establishment and maintenance of homes.
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| (a) The board of county commissioners or the county board | 10 |
| in any
county in this State, may locate, purchase, erect, | 11 |
| lease, or otherwise
provide and establish, support and maintain | 12 |
| a detention home for the care
and custody of delinquent minors | 13 |
| and a shelter care home for the temporary
care of minors who | 14 |
| are delinquent, dependent, neglected, addicted, abused
or | 15 |
| require authoritative intervention. They may levy and collect a | 16 |
| tax to
pay the cost of its establishment and maintenance in | 17 |
| accordance with the
terms and provisions of this Act. In | 18 |
| counties with 300,000 or less
inhabitants, the powers | 19 |
| enumerated in this Act shall not be exercised
unless this Act | 20 |
| is adopted by the legal voters of the county as provided in
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| this Act. In counties with over 300,000 but less than 1,000,000 | 22 |
| inhabitants
the county board by majority vote may establish | 23 |
| county shelter care and
detention homes without adoption of |
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HB0236 |
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LRB095 04654 HLH 24712 b |
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| this Act by the legal voters and
without referendum. | 2 |
| (b) In any county, if the board of county commissioners or
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| the county board, as the case may be, determines that a shelter | 4 |
| care or
detention home presently in use is obsolete, it may | 5 |
| continue to operate the
shelter care or detention home on a | 6 |
| temporary basis and, by majority vote
of that board, may | 7 |
| rebuild or replace the home at its present location or
another. | 8 |
| (c) No county shall be required to discontinue the use of | 9 |
| any shelter
care or detention home in existence or in use on | 10 |
| the effective date of this
amendatory Act of 1975 because of | 11 |
| the fact that the proposition to
establish and maintain the | 12 |
| shelter care or detention home has not been
submitted to the | 13 |
| voters as provided in this Act.
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| This amendatory Act of 1975 is not a limit on any county | 15 |
| which is a
home rule unit.
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| (d) Cook County is not required to discontinue the use of | 17 |
| the Cook County Temporary Juvenile Detention Center or of any | 18 |
| other shelter care home or detention home in existence or in | 19 |
| use on the effective date of this amendatory Act of the 95th | 20 |
| General Assembly because of the fact that the proposition to | 21 |
| establish and maintain it was not submitted to the voters as | 22 |
| provided in this Act.
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| (Source: P.A. 85-637.)
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| (55 ILCS 75/3) (from Ch. 23, par. 2683)
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| Sec. 3. Administrator; necessary personnel; supplies or |
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HB0236 |
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LRB095 04654 HLH 24712 b |
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| repairs.
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| (a) The administrator and all other necessary personnel of | 3 |
| the
shelter care home and detention home, shall be appointed by | 4 |
| the Chief Judge
of the Circuit Court or any Judge of that | 5 |
| Circuit designated by the Chief
Judge, to serve at the pleasure | 6 |
| of the appointing authority.
Each shall receive a monthly | 7 |
| salary fixed by the county board.
Personnel shall also be | 8 |
| reimbursed for their actual and necessary
expenses incurred in | 9 |
| the performance of their duties. The expenses shall
be | 10 |
| reimbursed at least monthly upon proper certification by the | 11 |
| court.
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| (b) Within 90 days after the effective date of this | 13 |
| amendatory Act of the 95th General Assembly, the Chief Judge of | 14 |
| the Cook County Circuit Court, or any Judge of that Circuit | 15 |
| designated by the Chief Judge, shall appoint an administrator | 16 |
| and all other necessary personnel of the Cook County Temporary | 17 |
| Juvenile Detention Center and any other shelter care home or | 18 |
| detention home in Cook County in accordance with subsection | 19 |
| (a). The term of the administrator and any personnel in office | 20 |
| upon the effective date of this amendatory Act of the 95th | 21 |
| General Assembly terminates upon the appointment of his or her | 22 |
| successor.
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| (c) The Chief Judge of the Cook County Circuit Court, or | 24 |
| any Judge of that Circuit designated by the Chief Judge, shall | 25 |
| have administrative control over the budget of the Cook County | 26 |
| Temporary Juvenile Detention Center and any other shelter care |
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HB0236 |
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LRB095 04654 HLH 24712 b |
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| home or detention home in Cook County in accordance with | 2 |
| subsection (a).
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| (d) The supplies or repairs necessary to maintain, operate | 4 |
| and conduct the
shelter care home and the detention home shall | 5 |
| be furnished upon the
requisition of its administrator to the | 6 |
| chairman of a committee as may
be designated by the county | 7 |
| board, and the bills therefor shall be
audited, passed upon and | 8 |
| paid as other bills for supplies furnished for
county | 9 |
| institutions.
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| (Source: P.A. 85-637.)
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| (55 ILCS 75/9.1) (from Ch. 23, par. 2689.1)
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| Sec. 9.1. Designation of homes; validity of prior referenda | 13 |
| and tax levies. | 14 |
| (a) Within 6 months after the effective date of this | 15 |
| amendatory
Act of 1979, all county detention homes or | 16 |
| independent sections thereof
established prior to such | 17 |
| effective date shall be designated as either shelter
care or | 18 |
| detention homes or both, provided physical arrangements are | 19 |
| created
clearly separating the two, in accordance with their | 20 |
| basic physical features,
programs and functions, by the | 21 |
| Department of Juvenile Justice in cooperation
with the Chief | 22 |
| Judge of the Circuit Court and the county board. Within
one | 23 |
| year after receiving notification of such designation by the | 24 |
| Department
of Juvenile Justice, all county shelter care homes | 25 |
| and detention homes shall
be in compliance with this Act.
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HB0236 |
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LRB095 04654 HLH 24712 b |
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| (b) Compliance with this amendatory Act of 1979 shall not | 2 |
| affect the
validity of any prior referendum or the levy or | 3 |
| collection of any tax
authorized under this Act. All county | 4 |
| shelter care homes and detention
homes established and in | 5 |
| operation on the effective date of this amendatory
Act of 1979 | 6 |
| may continue to operate, subject to the provisions of this
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| amendatory Act of 1979, without further referendum.
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| (c) Compliance with this amendatory Act of 1987 shall not | 9 |
| affect the
validity of any prior referendum or the levy or | 10 |
| collection of any tax
authorized under this Act. All county | 11 |
| shelter care homes and detention
homes established and in | 12 |
| operation on the effective date of this amendatory
Act of 1987 | 13 |
| may continue to operate, subject to the provisions of this
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| amendatory Act of 1987, without further referendum.
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| (d) Upon the effective date of this amendatory Act of the | 16 |
| 95th General Assembly, all county shelter care homes and | 17 |
| detention homes in Cook County, including the Cook County | 18 |
| Temporary Juvenile Detention Center, established and in | 19 |
| operation on or before the effective date of this amendatory | 20 |
| Act of the 95th General Assembly must be in compliance with | 21 |
| this Act and may continue to operate without further | 22 |
| referendum.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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| (55 ILCS 75/90 new)
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| Sec. 90. Home rule. A county, including a home rule county, |
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| may not regulate the establishment, maintenance, and operation | 2 |
| of detention homes for the care and custody of delinquent | 3 |
| minors and shelter care homes for the temporary care of minors | 4 |
| who are delinquent, dependent, neglected, addicted, abused, or | 5 |
| require authoritative intervention in a manner that is | 6 |
| inconsistent with this Act. This Act is a limitation under | 7 |
| subsection (i) of Section 6 of Article VII of the Illinois | 8 |
| Constitution on the concurrent exercise by home rule units of | 9 |
| powers and functions exercised by the State.
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| Section 90. The State Mandates Act is amended by adding | 11 |
| Section 8.31 as follows: | 12 |
| (30 ILCS 805/8.31 new) | 13 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 14 |
| of this Act, no reimbursement by the State is required for the | 15 |
| implementation of any mandate created by this amendatory Act of | 16 |
| the 95th General Assembly.
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