HB4988ham005 95TH GENERAL ASSEMBLY

Rep. Julie Hamos

Filed: 4/16/2008

09500HB4988ham005 LRB095 17571 RLC 49667 a

AMENDMENT TO HOUSE BILL 4988

AMENDMENT NO. ______. Amend House Bill 4988, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by changing Section 3-2.5-65 as follows:

(730 ILCS 5/3-2.5-65)

Sec. 3-2.5-65. Juvenile Advisory Board.

(a) There is created a Juvenile Advisory Board composed of 11 persons, appointed by the Governor to advise the Director on matters pertaining to juvenile offenders. The terms of the current members of the Board shall expire on the effective date of this amendatory Act of the 95th General Assembly. The Board shall consist of the following members:

(1) one member appointed by the Director of Juvenile Justice;

(2) one legislative member appointed by the President of the Senate;

(3) one legislative member appointed by the Minority Leader of the Senate;

(4) one legislative member appointed by the Speaker of the House;

(5) one legislative member appointed by the Minority Leader of the House;

(6) one member appointed by the Governor;

(7) one member appointed by the Administrative Office of the Illinois Courts;

(8) one member appointed by the Secretary of Human Services;

(9) one member appointed by the Director of Children and Family Services;

(10) one member appointed by all Representatives and Senators jointly from among nominations received from organizations representing a community in Chicago with the highest number of juveniles remanded to the Department of Juvenile Justice; and

(11) one member appointed by the Chair of the Illinois Redeploy Illinois Partnership.

The members of the Board shall be qualified for their positions by demonstrated interest in and knowledge of juveniles in the justice system juvenile correctional work consistent with the definition of purpose and mission of the Department in Section 3-2.5-5 and shall not be officials of the State in any other capacity. The members under this amendatory Act of the 95th 94th General Assembly shall be appointed as soon as possible after the effective date of this amendatory Act of the 95th 94th General Assembly. Appointing authorities shall file notice of appointment with the Department of Juvenile Justice, Clerk of the House and Secretary of the Senate. All and be appointed to staggered terms 3 each expiring in 2007, 2008, and 2009 and 2 of the members' terms expiring in 2010. Thereafter all members will serve for a term of 3 6 years, except that members shall continue to serve until their replacements are appointed. Any vacancy occurring shall be filled in the same manner for the remainder of the term. The Director of Juvenile Justice shall be an ex officio member of the Board. The Board shall elect a chair from among its appointed members. The Director shall serve as secretary of the Board. Members of the Board shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties. The Board may begin to conduct business upon appointment of a majority of its members. The Board shall meet at least quarterly and at other times at the call of the chair. The Board may conduct meetings by telecommunication where possible to minimize travel expenses, and shall utilize existing resources, including existing data from JMIS and from the juvenile justice reports from the Illinois Criminal Justice Information Authority, as well as reports from the Department of Juvenile Justice. The Board may receive administrative support and funding through specific appropriations available for its purposes made to the Department of Juvenile Justice or through private grants specified for the purposes of this Section, or both.

(b) The Board shall:

(0.05) By December 1st of each year, be provided by the Department with the following information for its review and comment:

(A) the proposed annual operating plans and budget for the next fiscal year;

(B) any long-range plans;

(C) data on the youth held within the Department of Juvenile Justice, including demographic information such as race, age, venue and sex; committing offenses; whether Redeploy Illinois efforts were utilized prior to commitment; length of stay and recidivism data;

(D) training programs and policies;

(E) staffing levels;

(F) disciplinary policies; and

(G) any other information relevant to the management and operation of the Department.

(0.06) Advise the Department on all aspects of the Department's responsibilities under this Act. It shall be the Board's responsibility to monitor the development of the annual budget, along with the implementation of programs and policies consistent with the intent of the Department of Juvenile Justice to shift Illinois to a treatment mode of care for its youth in confinement, to ensure that youth are adequately prepared for reentry as soon as possible, and to develop a comprehensive community based continuum of alternatives to confinement to ensure that confinement is used only as a last resort and for as short a time as possible. The Board shall place particular emphasis on the development of adequate training for staff, adequate programming within the facilities, adequate reentry planning and programming, and appropriate discipline consistent with a treatment philosophy.

(1) (Blank) Advise the Director concerning policy matters and programs of the Department with regard to the custody, care, study, discipline, training, and treatment of juveniles in the State juvenile correctional institutions and for the care and supervision of juveniles released on parole.

(2) Establish, with the Director and in conjunction with the Office of the Governor, outcome measures for the Department in order to ascertain that it is successfully fulfilling the mission mandated in Section 3-2.5-5 of this Code. The annual results of the Department's work as defined by those measures and data outlined in paragraph (0.05) of this subsection (b), including a detailed summary of the reduction or increase in youth population along with reasons for such change, shall be approved by the Board and shall be included in an annual report transmitted by the Department to the Governor and General Assembly jointly by the Director and the Board.

(3) By December 30, 2010, conduct a study and make recommendations to the Director, Governor, and General Assembly concerning:

(A) appropriateness of confinement of youth guilty of misdemeanor offenses;

(B) appropriateness of confinement of youth based on technical probation and parole violations;

(C) appropriateness of parole system for youths, and average length of parole;

(D) availability of alternative placements for youth who have served their time but have no placement;

(E) availability of community based programming for youth or low level offenders, or both, including technical violators;

(F) funding of confinement and of alternative community based programming for young or low level offenders, or both; and

(G) appropriateness of the minimum age of detention.

(Source: P.A. 94-696, eff. 6-1-06.)

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