Full Text of SB1686 95th General Assembly
SB1686sam001 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 2/23/2007
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| AMENDMENT TO SENATE BILL 1686
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| AMENDMENT NO. ______. Amend Senate Bill 1686 by replacing | 3 |
| everything after the enacting clause with the following:
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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 |
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| tax to
pay the cost of its establishment and maintenance in | 2 |
| accordance with the
terms and provisions of this Act. In | 3 |
| counties with 300,000 or less
inhabitants, the powers | 4 |
| enumerated in this Act shall not be exercised
unless this Act | 5 |
| 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 | 7 |
| inhabitants
the county board by majority vote may establish | 8 |
| county shelter care and
detention homes without adoption of | 9 |
| this Act by the legal voters and
without referendum. | 10 |
| (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 | 12 |
| care or
detention home presently in use is obsolete, it may | 13 |
| continue to operate the
shelter care or detention home on a | 14 |
| temporary basis and, by majority vote
of that board, may | 15 |
| rebuild or replace the home at its present location or
another. | 16 |
| (c) No county shall be required to discontinue the use of | 17 |
| any shelter
care or detention home in existence or in use on | 18 |
| the effective date of this
amendatory Act of 1975 because of | 19 |
| the fact that the proposition to
establish and maintain the | 20 |
| shelter care or detention home has not been
submitted to the | 21 |
| voters as provided in this Act.
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| This amendatory Act of 1975 is not a limit on any county | 23 |
| which is a
home rule unit.
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| (d) Cook County is not required to discontinue the use of | 25 |
| the Cook County Temporary Juvenile Detention Center or of any | 26 |
| other shelter care home or detention home in existence or in |
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| use on the effective date of this amendatory Act of the 95th | 2 |
| General Assembly because of the fact that the proposition to | 3 |
| establish and maintain it was not submitted to the voters as | 4 |
| 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 | 8 |
| repairs.
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| (a) The administrator and all other necessary personnel of | 10 |
| the
shelter care home and detention home, shall be appointed by | 11 |
| the Chief Judge
of the Circuit Court or any Judge of that | 12 |
| Circuit designated by the Chief
Judge, to serve at the pleasure | 13 |
| of the appointing authority.
Each shall receive a monthly | 14 |
| salary fixed by the county board.
Personnel shall also be | 15 |
| reimbursed for their actual and necessary
expenses incurred in | 16 |
| the performance of their duties. The expenses shall
be | 17 |
| reimbursed at least monthly upon proper certification by the | 18 |
| court.
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| (b) Within 90 days after the effective date of this | 20 |
| amendatory Act of the 95th General Assembly, the Chief Judge of | 21 |
| the Cook County Circuit Court, or any Judge of that Circuit | 22 |
| designated by the Chief Judge, shall appoint an administrator | 23 |
| and all other necessary personnel of the Cook County Temporary | 24 |
| Juvenile Detention Center and any other shelter care home or | 25 |
| detention home in Cook County in accordance with subsection |
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| (a). The term of the administrator and any personnel in office | 2 |
| upon the effective date of this amendatory Act of the 95th | 3 |
| General Assembly terminates upon the appointment of his or her | 4 |
| successor.
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| (c) The Chief Judge of the Cook County Circuit Court, or | 6 |
| any Judge of that Circuit designated by the Chief Judge, shall | 7 |
| have administrative control over the budget of the Cook County | 8 |
| Temporary Juvenile Detention Center and any other shelter care | 9 |
| home or detention home in Cook County in accordance with | 10 |
| subsection (a).
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| (d) The supplies or repairs necessary to maintain, operate | 12 |
| and conduct the
shelter care home and the detention home shall | 13 |
| be furnished upon the
requisition of its administrator to the | 14 |
| chairman of a committee as may
be designated by the county | 15 |
| board, and the bills therefor shall be
audited, passed upon and | 16 |
| paid as other bills for supplies furnished for
county | 17 |
| 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 | 21 |
| and tax levies. | 22 |
| (a) Within 6 months after the effective date of this | 23 |
| amendatory
Act of 1979, all county detention homes or | 24 |
| independent sections thereof
established prior to such | 25 |
| effective date shall be designated as either shelter
care or |
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| detention homes or both, provided physical arrangements are | 2 |
| created
clearly separating the two, in accordance with their | 3 |
| basic physical features,
programs and functions, by the | 4 |
| Department of Juvenile Justice in cooperation
with the Chief | 5 |
| Judge of the Circuit Court and the county board. Within
one | 6 |
| year after receiving notification of such designation by the | 7 |
| Department
of Juvenile Justice, all county shelter care homes | 8 |
| and detention homes shall
be in compliance with this Act.
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| (b) Compliance with this amendatory Act of 1979 shall not | 10 |
| affect the
validity of any prior referendum or the levy or | 11 |
| collection of any tax
authorized under this Act. All county | 12 |
| shelter care homes and detention
homes established and in | 13 |
| operation on the effective date of this amendatory
Act of 1979 | 14 |
| 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 | 17 |
| affect the
validity of any prior referendum or the levy or | 18 |
| collection of any tax
authorized under this Act. All county | 19 |
| shelter care homes and detention
homes established and in | 20 |
| operation on the effective date of this amendatory
Act of 1987 | 21 |
| 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 | 24 |
| 95th General Assembly, all county shelter care homes and | 25 |
| detention homes in Cook County, including the Cook County | 26 |
| Temporary Juvenile Detention Center, established and in |
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| operation on or before the effective date of this amendatory | 2 |
| Act of the 95th General Assembly must be in compliance with | 3 |
| this Act and may continue to operate without further | 4 |
| 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, | 8 |
| may not regulate the establishment, maintenance, and operation | 9 |
| of detention homes for the care and custody of delinquent | 10 |
| minors and shelter care homes for the temporary care of minors | 11 |
| who are delinquent, dependent, neglected, addicted, abused, or | 12 |
| require authoritative intervention in a manner that is | 13 |
| inconsistent with this Act. This Act is a limitation under | 14 |
| subsection (i) of Section 6 of Article VII of the Illinois | 15 |
| Constitution on the concurrent exercise by home rule units of | 16 |
| powers and functions exercised by the State.
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| Section 90. The State Mandates Act is amended by adding | 18 |
| Section 8.31 as follows: | 19 |
| (30 ILCS 805/8.31 new) | 20 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 21 |
| of this Act, no reimbursement by the State is required for the | 22 |
| implementation of any mandate created by this amendatory Act of | 23 |
| the 95th General Assembly. ".
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