Full Text of HB5914 96th General Assembly
HB5914ham002 96TH GENERAL ASSEMBLY
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Rep. Annazette Collins
Filed: 3/19/2010
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LRB096 18819 RLC 39338 a |
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| AMENDMENT TO HOUSE BILL 5914
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| AMENDMENT NO. ______. Amend House Bill 5914 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Children and Family Services Act is amended | 5 |
| by changing Section 17a-5 as follows:
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| (20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
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| 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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| and Delinquency Prevention Act of 1974, as amended.
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| (1) Definitions. As used in this Section:
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| (a) "juvenile justice system" means all activities by | 2 |
| public or private
agencies or persons pertaining to the | 3 |
| handling of youth involved or having
contact with the | 4 |
| police, courts or corrections;
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| (b) "unit of general local government" means any | 6 |
| county, municipality
or other general purpose political | 7 |
| subdivision of this State;
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| (c) "Commission" means the Illinois Juvenile Justice
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| Commission provided for in Section 17a-9 of this Act.
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| (2) Powers and Duties of Department. The Department of | 11 |
| Human Services
shall serve as the
official State Planning | 12 |
| Agency for juvenile justice for the State of Illinois
and in | 13 |
| that capacity is authorized and empowered to discharge any and | 14 |
| all
responsibilities imposed on such bodies by the federal | 15 |
| Juvenile Justice
and Delinquency Prevention Act of 1974, as | 16 |
| amended, specifically the
deinstitutionalization
of status | 17 |
| offenders, separation of juveniles and adults in municipal and
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| county jails, removal of juveniles from county and municipal | 19 |
| jails and
monitoring
of compliance with these mandates. In | 20 |
| furtherance thereof, the Department
has the powers and duties | 21 |
| set forth in paragraphs 3 through 15 of this Section:
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| (3) To develop annual comprehensive plans based on analysis | 23 |
| of juvenile
crime problems and juvenile justice and delinquency | 24 |
| prevention needs in
the State, for the improvement of juvenile | 25 |
| justice throughout the State,
such plans to be in accordance | 26 |
| with the federal Juvenile Justice and Delinquency
Prevention |
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| Act of 1974, as amended;
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| (4) To define, develop and correlate programs and projects | 3 |
| relating to
administration of juvenile justice for the State | 4 |
| and units of general local
government within the State or for | 5 |
| combinations of such units for
improvement in law enforcement:
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| (5) To advise, assist and make recommendations to the | 7 |
| Governor as to how
to achieve a more efficient and effective | 8 |
| juvenile justice system;
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| (5.1) To develop recommendations to ensure the effective | 10 |
| reintegration of youth offenders into communities to which they | 11 |
| are returning. The Illinois Juvenile Justice Commission, | 12 |
| utilizing available information provided by the Department of | 13 |
| Juvenile Justice, the Prisoner Review Board, the Illinois | 14 |
| Criminal Justice Information Authority, and any other relevant | 15 |
| State agency, shall develop by September 30, 2010, a report on | 16 |
| juveniles who have been the subject of a parole revocation | 17 |
| within the past year in Illinois. The report shall provide | 18 |
| information on the number of youth confined in the Department | 19 |
| of Juvenile Justice for revocation based on a technical parole | 20 |
| violation, the length of time the youth spent on parole prior | 21 |
| to the revocation, the nature of the committing offense that | 22 |
| served as the basis for the original commitment, demographic | 23 |
| information including age, race, sex, and zip code of the | 24 |
| underlying offense and the conduct leading to revocation. In | 25 |
| addition, the Juvenile Justice Commission shall develop | 26 |
| recommendations to: |
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| (A) recommend the development of a tracking system to | 2 |
| provide quarterly statewide reports on youth released from | 3 |
| the Illinois Department of Juvenile Justice including | 4 |
| lengths of stay in the Illinois Department of Juvenile | 5 |
| Justice prior to release, length of monitoring | 6 |
| post-release, pre-release services provided to each youth, | 7 |
| violations of release conditions including length of | 8 |
| release prior to violation, nature of violation, and | 9 |
| intermediate sanctions offered prior to violation; | 10 |
| (B) recommend outcome measures of educational | 11 |
| attainment, employment, homelessness, recidivism, and | 12 |
| other appropriate measures that can be used to assess the | 13 |
| performance of the State of Illinois in operating youth | 14 |
| offender reentry programs ; . | 15 |
| (C) recommend due process protections for youth during | 16 |
| release decision-making processes including, but not | 17 |
| limited to, parole revocation proceedings and release on | 18 |
| parole. | 19 |
| The Juvenile Justice Commission shall include information | 20 |
| and recommendations on the effectiveness of the State's | 21 |
| juvenile reentry programming, including progress on the | 22 |
| recommendations in subparagraphs (A) and (B) of this paragraph | 23 |
| (5.1), in its annual submission of recommendations to the | 24 |
| Governor and the General Assembly on matters relative to its | 25 |
| function, and in its annual juvenile justice plan. This | 26 |
| paragraph (5.1) may be cited as the Youth Reentry Improvement |
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| Law of 2009; | 2 |
| (6) To act as a central repository for federal, State, | 3 |
| regional and local
research studies, plans, projects, and | 4 |
| proposals relating to the improvement
of the juvenile justice | 5 |
| system;
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| (7) To act as a clearing house for information relating to | 7 |
| all aspects
of juvenile justice system improvement;
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| (8) To undertake research studies to aid in accomplishing | 9 |
| its purposes;
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| (9) To establish priorities for the expenditure of funds | 11 |
| made
available by the United States for the improvement of the | 12 |
| juvenile justice
system throughout the State;
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| (10) To apply for, receive, allocate, disburse, and account | 14 |
| for grants
of funds made available by the United States | 15 |
| pursuant to the federal Juvenile
Justice and Delinquency | 16 |
| Prevention Act of 1974, as amended; and such other
similar | 17 |
| legislation as may be enacted from time to time in order to | 18 |
| plan,
establish, operate, coordinate, and evaluate projects | 19 |
| directly or through
grants and contracts with public and | 20 |
| private agencies for the development
of more effective | 21 |
| education, training, research, prevention, diversion,
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| treatment and rehabilitation programs in the area of juvenile | 23 |
| delinquency
and programs to improve the juvenile justice | 24 |
| system;
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| (11) To insure that no more than the maximum percentage of | 26 |
| the total annual
State allotment of juvenile justice funds be |
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| utilized for the administration
of such funds;
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| (12) To provide at least 66-2/3 per centum of funds | 3 |
| received by the State
under the Juvenile Justice and | 4 |
| Delinquency Prevention Act of 1974, as amended,
are expended | 5 |
| through:
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| (a) programs of units of general local government or | 7 |
| combinations thereof,
to the extent such programs are | 8 |
| consistent with the State plan; and
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| (b) programs of local private agencies, to the extent | 10 |
| such programs are
consistent with the State plan;
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| (13) To enter into agreements with the United States | 12 |
| government
which may be required as a condition of obtaining | 13 |
| federal funds;
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| (14) To enter into contracts and cooperate with units of | 15 |
| general local
government or combinations of such units, State | 16 |
| agencies, and private
organizations
of all types, for the | 17 |
| purpose of carrying out the duties of the Department
imposed by | 18 |
| this Section or by federal law or
regulations;
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| (15) To exercise all other powers that are reasonable and | 20 |
| necessary to
fulfill its functions under applicable federal law | 21 |
| or to further the
purposes of this Section.
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| (Source: P.A. 96-853, eff. 12-23-09.)
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| Section 10. The Unified Code of Corrections is amended by | 24 |
| changing Section 3-3-9 as follows:
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| (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
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| Sec. 3-3-9. Violations; changes of conditions; preliminary
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| hearing; revocation of parole or mandatory supervised release;
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| revocation hearing. | 5 |
| (a) If prior to expiration or termination of the term of
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| parole or mandatory supervised release, a person violates a
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| condition set by the Prisoner Review Board or a condition of | 8 |
| parole or
mandatory supervised release under Section 3-3-7 of | 9 |
| this Code to govern that
term,
the Board may:
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| (1) continue the existing term, with or without | 11 |
| modifying or
enlarging the conditions; or
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| (2) parole or release the person to a half-way house; | 13 |
| or
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| (3) revoke the parole or mandatory supervised release | 15 |
| and
reconfine the person for a term computed in the | 16 |
| following
manner:
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| (i) (A) For those sentenced under the law in effect | 18 |
| prior to
this amendatory Act of 1977, the recommitment | 19 |
| shall be for any
portion of the imposed maximum term of | 20 |
| imprisonment or confinement
which had not been served | 21 |
| at the time of parole and the parole
term, less the | 22 |
| time elapsed between the parole of the person and
the | 23 |
| commission of the violation for which parole was | 24 |
| revoked;
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| (B) Except as set forth in paragraph (C), for
those | 26 |
| subject to mandatory supervised release under
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| paragraph (d) of Section 5-8-1 of this Code, the | 2 |
| recommitment
shall be for the total mandatory | 3 |
| supervised release term, less
the time elapsed between | 4 |
| the release of the person and the
commission of the | 5 |
| violation for which mandatory supervised
release is | 6 |
| revoked. The Board may also order that a prisoner
serve | 7 |
| up to one year of the sentence imposed by the court | 8 |
| which
was not served due to the accumulation of good | 9 |
| conduct credit;
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| (C) For those subject to sex offender supervision | 11 |
| under clause (d)(4) of Section 5-8-1 of this Code, the | 12 |
| reconfinement period for violations of clauses (a)(3) | 13 |
| through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 14 |
| years from the date of reconfinement.
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| (ii) the person shall be given credit against the | 16 |
| term of
reimprisonment or reconfinement for time spent | 17 |
| in custody
since he was paroled or released which has | 18 |
| not been credited
against another sentence or period of | 19 |
| confinement;
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| (iii) persons committed under the Juvenile Court | 21 |
| Act or the Juvenile
Court Act of 1987 may be continued | 22 |
| under the existing term of parole with or without | 23 |
| modifying the conditions of parole, paroled or | 24 |
| released to a group home or other residential facility, | 25 |
| or shall be recommitted until the age of 21 unless | 26 |
| sooner terminated ;
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| (iv) this Section is subject to the release under
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| supervision and the reparole and rerelease provisions | 3 |
| of Section
3-3-10.
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| (b) The Board may revoke parole or mandatory supervised
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| release for violation of a condition for the duration of the
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| term and for any further period which is reasonably necessary
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| for the adjudication of matters arising before its expiration.
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| The issuance of a warrant of arrest for an alleged violation
of | 9 |
| the conditions of parole or mandatory supervised release
shall | 10 |
| toll the running of the term until the final determination of | 11 |
| the
charge. When
parole or mandatory supervised release is not | 12 |
| revoked
that period shall be credited to the term, unless a | 13 |
| community-based sanction is imposed as an alternative to | 14 |
| revocation and reincarceration, including a diversion | 15 |
| established by the Illinois Department of Corrections Parole | 16 |
| Services Unit prior to the holding of a preliminary parole | 17 |
| revocation hearing. Parolees who are diverted to a | 18 |
| community-based sanction shall serve the entire term of parole | 19 |
| or mandatory supervised release, if otherwise appropriate.
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| (b-5) The Board shall revoke parole or mandatory supervised | 21 |
| release for violation of the conditions prescribed in paragraph | 22 |
| (7.6) of subsection (a) of Section 3-3-7. | 23 |
| (c) A person charged with violating a condition of parole | 24 |
| or
mandatory supervised release shall have a preliminary | 25 |
| hearing
before a hearing officer designated by the Board to | 26 |
| determine
if there is cause to hold the person for a revocation |
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| hearing.
However, no preliminary hearing need be held when | 2 |
| revocation is based
upon new criminal charges and a court finds | 3 |
| probable cause on the new
criminal charges or when the | 4 |
| revocation
is based upon a new criminal conviction and a | 5 |
| certified copy of
that conviction is available.
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| (d) Parole or mandatory supervised release shall not be
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| revoked without written notice to the offender setting forth
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| the violation of parole or mandatory supervised release charged
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| against him.
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| (e) A hearing on revocation shall be conducted before at
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| least one member of the Prisoner Review Board. The Board may
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| meet and order its actions in panels of 3 or more members.
The | 13 |
| action of a majority of the panel shall be the action of
the | 14 |
| Board. In consideration of persons committed to the Department | 15 |
| of Juvenile Justice, the member hearing the matter and at least | 16 |
| a majority
of the panel shall be experienced in juvenile | 17 |
| matters. A record
of the hearing shall be made. At the hearing | 18 |
| the offender shall
be permitted to:
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| (1) appear and answer the charge; and
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| (2) bring witnesses on his behalf.
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| (f) The Board shall either revoke parole or mandatory
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| supervised release or order the person's term continued with
or | 23 |
| without modification or enlargement of the conditions.
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| (g) Parole or mandatory supervised release shall not be
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| revoked for failure to make payments under the conditions of
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| parole or release unless the Board determines that such failure |
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| is
due to the offender's willful refusal to pay.
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| (Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; | 3 |
| 94-696, eff. 6-1-06; 95-82, eff. 8-13-07.)".
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