Full Text of HB4770 98th General Assembly
HB4770 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4770 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-2.5-15 | |
730 ILCS 5/3-10-2 | from Ch. 38, par. 1003-10-2 |
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Amends the Unified Code of Corrections. Provides that Department of Juvenile Justice personnel who are hired by the Department and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must be over the age of 21 and have a bachelor's or advanced degree from an accredited college or university with a specialization in criminal justice, education, psychology, social work, or a closely related social science or other bachelor's or advanced degree with at least 2 years experience in the field of juvenile matters. Provides that the Department of Juvenile Justice shall by certified mail and telephone or electronic message (deletes return receipt requested) notify the parent, guardian or nearest relative of any person committed to
the Department of Juvenile Justice of his or her physical location and any change thereof.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-2.5-15 and 3-10-2 as follows: | 6 | | (730 ILCS 5/3-2.5-15) | 7 | | (Text of Section after amendment by P.A. 98-528 ) | 8 | | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | 9 | | of duties of the Juvenile Division. | 10 | | (a) The Department of Juvenile Justice shall assume the | 11 | | rights, powers, duties, and responsibilities of the Juvenile | 12 | | Division of the Department of Corrections. Personnel, books, | 13 | | records, property, and unencumbered appropriations pertaining | 14 | | to the Juvenile Division of the Department of Corrections shall | 15 | | be transferred to the Department of Juvenile Justice on the | 16 | | effective date of this amendatory Act of the 94th General | 17 | | Assembly. Any rights of employees or the State under the | 18 | | Personnel Code or any other contract or plan shall be | 19 | | unaffected by this transfer. | 20 | | (b) Department of Juvenile Justice personnel who are hired | 21 | | by the Department on or after the effective date of this | 22 | | amendatory Act of the 94th General Assembly and who participate | 23 | | or assist in the rehabilitative and vocational training of |
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| 1 | | delinquent youths, supervise the daily activities involving | 2 | | direct and continuing responsibility for the youth's security, | 3 | | welfare and development, or participate in the personal | 4 | | rehabilitation of delinquent youth by training, supervising, | 5 | | and assisting lower level personnel who perform these duties | 6 | | must be over the age of 21 and have a bachelor's or advanced | 7 | | degree from an accredited college or university with a | 8 | | specialization in criminal justice, education, psychology, | 9 | | social work, or a closely related social science or other | 10 | | bachelor's or advanced degree with at least 2 years experience | 11 | | in the field of juvenile matters . This requirement shall not | 12 | | apply to security, clerical, food service, and maintenance | 13 | | staff that do not have direct and regular contact with youth. | 14 | | The degree requirements specified in this subsection (b) are | 15 | | not required of persons who provide vocational training and who | 16 | | have adequate knowledge in the skill for which they are | 17 | | providing the vocational training. | 18 | | (c) Subsection (b) of this Section does not apply to | 19 | | personnel transferred to the Department of Juvenile Justice on | 20 | | the effective date of this amendatory Act of the 94th General | 21 | | Assembly. | 22 | | (d) The Department shall be under the direction of the | 23 | | Director of Juvenile Justice as provided in this Code. | 24 | | (e) The Director shall organize divisions within the | 25 | | Department and shall assign functions, powers, duties, and | 26 | | personnel as required by law. The Director may create other |
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| 1 | | divisions and may assign other functions, powers, duties, and | 2 | | personnel as may be necessary or desirable to carry out the | 3 | | functions and responsibilities vested by law in the Department. | 4 | | The Director may, with the approval of the Office of the | 5 | | Governor, assign to and share functions, powers, duties, and | 6 | | personnel with other State agencies such that administrative | 7 | | services and administrative facilities are provided by a shared | 8 | | administrative service center. Where possible, shared services | 9 | | which impact youth should be done with child-serving agencies. | 10 | | These administrative services may include, but are not limited | 11 | | to, all of the following functions: budgeting, accounting | 12 | | related functions, auditing, human resources, legal, | 13 | | procurement, training, data collection and analysis, | 14 | | information technology, internal investigations, intelligence, | 15 | | legislative services, emergency response capability, statewide | 16 | | transportation services, and general office support. | 17 | | (f) The Department of Juvenile Justice may enter into | 18 | | intergovernmental cooperation agreements under which minors | 19 | | adjudicated delinquent and committed to the Department of | 20 | | Juvenile Justice may participate in county juvenile impact | 21 | | incarceration programs established under Section 3-6039 of the | 22 | | Counties Code.
| 23 | | (g) The Department of Juvenile Justice must comply with the | 24 | | ethnic and racial background data collection procedures | 25 | | provided in Section 4.5 of the Criminal Identification Act. | 26 | | (Source: P.A. 98-528, eff. 1-1-15.)
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| 1 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 2 | | Sec. 3-10-2. Examination of Persons Committed to the | 3 | | Department of Juvenile Justice.
| 4 | | (a) A person committed to the Department of Juvenile | 5 | | Justice shall be examined in
regard to his medical, | 6 | | psychological, social, educational and vocational
condition | 7 | | and history, including the use of alcohol and other drugs,
the | 8 | | circumstances of his offense and any other
information as the | 9 | | Department of Juvenile Justice may determine.
| 10 | | (a-5) Upon admission of a person committed to the | 11 | | Department of Juvenile Justice, the Department of Juvenile | 12 | | Justice must provide the person with appropriate information | 13 | | concerning HIV and AIDS in writing, verbally, or by video or | 14 | | other electronic means. The Department of Juvenile Justice | 15 | | shall develop the informational materials in consultation with | 16 | | the Department of Public Health. At the same time, the | 17 | | Department of Juvenile Justice also must offer the person the | 18 | | option of being tested, at no charge to the person, for | 19 | | infection with human immunodeficiency virus (HIV). Pre-test | 20 | | information shall be provided to the committed person and | 21 | | informed consent obtained as required in subsection (d) of | 22 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 23 | | Department of Juvenile Justice may conduct opt-out HIV testing | 24 | | as defined in Section 4 of the AIDS Confidentiality Act. If the | 25 | | Department conducts opt-out HIV testing, the Department shall |
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| 1 | | place signs in English, Spanish and other languages as needed | 2 | | in multiple, highly visible locations in the area where HIV | 3 | | testing is conducted informing inmates that they will be tested | 4 | | for HIV unless they refuse, and refusal or acceptance of | 5 | | testing shall be documented in the inmate's medical record. The | 6 | | Department shall follow procedures established by the | 7 | | Department of Public Health to conduct HIV testing and testing | 8 | | to confirm positive HIV test results. All testing must be | 9 | | conducted by medical personnel, but pre-test and other | 10 | | information may be provided by committed persons who have | 11 | | received appropriate training. The Department, in conjunction | 12 | | with the Department of Public Health, shall develop a plan that | 13 | | complies with the AIDS Confidentiality Act to deliver | 14 | | confidentially all positive or negative HIV test results to | 15 | | inmates or former inmates. Nothing in this Section shall | 16 | | require the Department to offer HIV testing to an inmate who is | 17 | | known to be infected with HIV, or who has been tested for HIV | 18 | | within the previous 180 days and whose documented HIV test | 19 | | result is available to the Department electronically. The
| 20 | | testing provided under this subsection (a-5) shall consist of a | 21 | | test approved by the Illinois Department of Public Health to | 22 | | determine the presence of HIV infection, based upon | 23 | | recommendations of the United States Centers for Disease | 24 | | Control and Prevention. If the test result is positive, a | 25 | | reliable supplemental test based upon recommendations of the | 26 | | United States Centers for Disease Control and Prevention shall |
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| 1 | | be
administered. | 2 | | Also upon admission of a person committed to the Department | 3 | | of Juvenile Justice, the Department of Juvenile Justice must | 4 | | inform the person of the Department's obligation to provide the | 5 | | person with medical care.
| 6 | | (b) Based on its examination, the Department of Juvenile | 7 | | Justice may exercise the following
powers in developing a | 8 | | treatment program of any person committed to the Department of | 9 | | Juvenile Justice:
| 10 | | (1) Require participation by him in vocational, | 11 | | physical, educational
and corrective training and | 12 | | activities to return him to the community.
| 13 | | (2) Place him in any institution or facility of the | 14 | | Department of Juvenile Justice.
| 15 | | (3) Order replacement or referral to the Parole and | 16 | | Pardon Board as
often as it deems desirable. The Department | 17 | | of Juvenile Justice shall refer the person to the
Parole | 18 | | and Pardon Board as required under Section 3-3-4.
| 19 | | (4) Enter into agreements with the Secretary of Human | 20 | | Services and
the Director of Children and Family
Services, | 21 | | with courts having probation officers, and with private | 22 | | agencies
or institutions for separate care or special | 23 | | treatment of persons subject
to the control of the | 24 | | Department of Juvenile Justice.
| 25 | | (c) The Department of Juvenile Justice shall make periodic | 26 | | reexamination of all persons
under the control of the |
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| 1 | | Department of Juvenile Justice to determine whether existing
| 2 | | orders in individual cases should be modified or continued. | 3 | | This
examination shall be made with respect to every person at | 4 | | least once
annually.
| 5 | | (d) A record of the treatment decision including any | 6 | | modification
thereof and the reason therefor, shall be part of | 7 | | the committed person's
master record file.
| 8 | | (e) The Department of Juvenile Justice shall by certified | 9 | | mail and telephone or electronic message , return receipt | 10 | | requested,
notify the parent, guardian or nearest relative of | 11 | | any person committed to
the Department of Juvenile Justice of | 12 | | his or her physical location and any change thereof.
| 13 | | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | 14 | | 97-813, eff. 7-13-12.)
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