Full Text of SB1725 96th General Assembly
SB1725sam001 96TH GENERAL ASSEMBLY
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Sen. Kwame Raoul
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1725
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| AMENDMENT NO. ______. Amend Senate Bill 1725 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 the families and | 11 |
| communities to which they are returning, the Department of | 12 |
| Human Services shall advise and assist the Illinois Juvenile | 13 |
| Justice Commission, utilizing information provided by the | 14 |
| Department of Juvenile Justice, the Prisoner Review Board, the | 15 |
| Illinois Criminal Justice Information Authority, and any other | 16 |
| relevant State agency, to develop by September 30, 2009, a | 17 |
| report on juveniles who have been the subject of a parole | 18 |
| revocation within the past year in Illinois. The report shall | 19 |
| provide information on the number of youth confined in the | 20 |
| Department of Juvenile Justice for revocation based on a | 21 |
| technical parole violation, the nature of the technical parole | 22 |
| violation, the length of time the youth spent on parole prior | 23 |
| to the revocation, the services provided to each minor while on | 24 |
| parole, the nature of the underlying offense that served as the | 25 |
| basis for the original commitment, demographic information | 26 |
| including age, race, sex, and zip code of the underlying |
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| offense and the conduct leading to revocation, and the | 2 |
| procedural safeguards provided during the parole revocation. | 3 |
| In addition, the Department of Human Services shall advise and | 4 |
| assist the Juvenile Justice Commission to develop | 5 |
| recommendations to: | 6 |
| (A) recommend the development of a tracking system to | 7 |
| provide quarterly statewide reports on youth released from | 8 |
| the Illinois Department of Juvenile Justice including | 9 |
| lengths of stay in the Illinois Department of Juvenile | 10 |
| Justice prior to release, length of monitoring | 11 |
| post-release, pre-release services provided to each youth, | 12 |
| post-release services provided to each youth, violations | 13 |
| of release conditions including length of release prior to | 14 |
| violation, nature of violation and intermediate sanctions | 15 |
| offered prior to violation; | 16 |
| (B) recommend procedural safeguards to assure each | 17 |
| youth of a full due process hearing on any allegation of | 18 |
| violation of a condition of release; and | 19 |
| (C) recommend outcome measures of educational | 20 |
| attainment, employment, homelessness, recidivism, and | 21 |
| other appropriate measures that can be used to assess the | 22 |
| performance of the State of Illinois in operating youth | 23 |
| offender reentry programs. | 24 |
| The Department of Human Services shall advise and assist | 25 |
| the Juvenile Justice Commission to include information and | 26 |
| recommendations on the effectiveness of the State's juvenile |
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| reentry programming, including progress on the recommendations | 2 |
| in subparagraphs (A) through (C) of this paragraph (5.1), in | 3 |
| its annual submission of recommendations to the Governor and | 4 |
| the General Assembly on matters relative to its function, and | 5 |
| in its annual juvenile justice plan. This paragraph (5.1) may | 6 |
| be cited as the Youth Reentry Improvement Law of 2009; | 7 |
| (6) To act as a central repository for federal, State, | 8 |
| regional and local
research studies, plans, projects, and | 9 |
| proposals relating to the improvement
of the juvenile justice | 10 |
| system;
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| (7) To act as a clearing house for information relating to | 12 |
| all aspects
of juvenile justice system improvement;
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| (8) To undertake research studies to aid in accomplishing | 14 |
| its purposes;
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| (9) To establish priorities for the expenditure of funds | 16 |
| made
available by the United States for the improvement of the | 17 |
| juvenile justice
system throughout the State;
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| (10) To apply for, receive, allocate, disburse, and account | 19 |
| for grants
of funds made available by the United States | 20 |
| pursuant to the federal Juvenile
Justice and Delinquency | 21 |
| Prevention Act of 1974, as amended; and such other
similar | 22 |
| legislation as may be enacted from time to time in order to | 23 |
| plan,
establish, operate, coordinate, and evaluate projects | 24 |
| directly or through
grants and contracts with public and | 25 |
| private agencies for the development
of more effective | 26 |
| education, training, research, prevention, diversion,
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| treatment and rehabilitation programs in the area of juvenile | 2 |
| delinquency
and programs to improve the juvenile justice | 3 |
| system;
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| (11) To insure that no more than the maximum percentage of | 5 |
| the total annual
State allotment of juvenile justice funds be | 6 |
| utilized for the administration
of such funds;
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| (12) To provide at least 66-2/3 per centum of funds | 8 |
| received by the State
under the Juvenile Justice and | 9 |
| Delinquency Prevention Act of 1974, as amended,
are expended | 10 |
| through:
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| (a) programs of units of general local government or | 12 |
| combinations thereof,
to the extent such programs are | 13 |
| consistent with the State plan; and
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| (b) programs of local private agencies, to the extent | 15 |
| such programs are
consistent with the State plan;
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| (13) To enter into agreements with the United States | 17 |
| government
which may be required as a condition of obtaining | 18 |
| federal funds;
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| (14) To enter into contracts and cooperate with units of | 20 |
| general local
government or combinations of such units, State | 21 |
| agencies, and private
organizations
of all types, for the | 22 |
| purpose of carrying out the duties of the Department
imposed by | 23 |
| this Section or by federal law or
regulations;
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| (15) To exercise all other powers that are reasonable and | 25 |
| necessary to
fulfill its functions under applicable federal law | 26 |
| or to further the
purposes of this Section.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
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