Full Text of SB2992 98th General Assembly
SB2992eng 98TH GENERAL ASSEMBLY |
| | SB2992 Engrossed | | LRB098 17794 RLC 52916 b |
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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 Department of Juvenile Justice Mortality | 5 | | Review Team Act is amended by changing Sections 20, 25, and 30 | 6 | | as follows: | 7 | | (730 ILCS 195/20)
| 8 | | Sec. 20. Reviews of youth deaths. | 9 | | (a) A mortality review team shall review every death of a | 10 | | youth that occurs within a facility of the Department or as the | 11 | | result of an act or incident occurring within a facility of the | 12 | | Department, including deaths resulting from suspected illness, | 13 | | injury, or self-harm or from an unknown cause.
| 14 | | (b) If the coroner of the county in which a youth died | 15 | | determines that the youth's death was the direct or proximate | 16 | | result of alleged or suspected criminal activity, the mortality | 17 | | review team's investigation shall be in addition to any | 18 | | criminal investigation of the death but shall be limited to a | 19 | | review of systems and practices of the Department. In the | 20 | | course of conducting its review, the team shall obtain | 21 | | assurance from law enforcement officials that acts taken in | 22 | | furtherance of the review will not impair any criminal | 23 | | investigation or prosecution.
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| 1 | | (c) A mortality review team's purpose in conducting a | 2 | | review of a youth death is to do the following:
| 3 | | (1) Assist in determining the cause and manner of the | 4 | | youth's death, if requested.
| 5 | | (2) Evaluate any means by which the death might have | 6 | | been prevented, including, but not limited to, the | 7 | | evaluation of the Department's systems for the following:
| 8 | | (A) Training. | 9 | | (B) Assessment and referral for services. | 10 | | (C) Communication. | 11 | | (D) Housing. | 12 | | (E) Supervision of youth. | 13 | | (F) Intervention in critical incidents. | 14 | | (G) Reporting. | 15 | | (H) Follow-up and mortality review following | 16 | | critical incidents or youth deaths.
| 17 | | (3) Recommend continuing education and training for | 18 | | Department staff.
| 19 | | (4) Make specific recommendations to the Director | 20 | | concerning the prevention of deaths of youth in the | 21 | | Department's custody.
| 22 | | (d) A mortality review team shall review a youth death as | 23 | | soon as practicable and not later than within 60 90 days after | 24 | | a law enforcement agency's completion of its investigation if | 25 | | the death is the result of alleged or suspected criminal | 26 | | activity. If there has been no investigation by a law |
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| 1 | | enforcement agency, the mortality review team shall review a | 2 | | youth's death within 60 90 days after obtaining the information | 3 | | necessary to complete the review from the coroner, pathologist, | 4 | | medical examiner, or law enforcement agency, depending on the | 5 | | nature of the case. The team shall meet as needed in person or | 6 | | via teleconference or video conference following appointment | 7 | | of the team members. When necessary and upon request of the | 8 | | team, the Director may extend the deadline for a review up to | 9 | | an additional 90 days.
| 10 | | (Source: P.A. 96-1378, eff. 7-29-10.) | 11 | | (730 ILCS 195/25)
| 12 | | Sec. 25. Director's reply and additional report. | 13 | | (a) As soon as practicable, but not later than 90 days | 14 | | after receipt of the recommendations made by a team pursuant to | 15 | | subdivision (c)(4) of Section 20, the Director shall review and | 16 | | reply to each such recommendation. With respect to each | 17 | | recommendation made by a team, the Director shall submit his or | 18 | | her reply to the chairperson of that team. The Director's reply | 19 | | to each recommendation must include a statement as to whether | 20 | | the Director intends to implement the recommendation. The | 21 | | Director shall implement a team's recommendations as feasible | 22 | | and appropriate and shall respond in writing to explain the | 23 | | implementation or non-implementation of each recommendation.
| 24 | | (b) Within 60 90 days after the Director submits a reply | 25 | | with respect to a recommendation as required by subsection (a), |
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| 1 | | the Director must submit an additional report to the | 2 | | chairperson of the team that sets forth in detail the way, if | 3 | | any, in which the Director will implement the recommendation | 4 | | and the schedule for implementing the recommendation.
| 5 | | (Source: P.A. 96-1378, eff. 7-29-10.) | 6 | | (730 ILCS 195/30)
| 7 | | Sec. 30. Report to Executive Inspector General. Within 120 | 8 | | 180 days after the Director submits a reply under subsection | 9 | | (a) of Section 25 concerning the implementation of a team's | 10 | | recommendation, the Director shall submit a further report to | 11 | | the chairperson of the team that made the recommendation and to | 12 | | the Executive Inspector General appointed by the Governor under | 13 | | Section 20-10 of the State Officials and Employees Ethics Act. | 14 | | The Director's report shall set forth any specific changes in | 15 | | the Department's policies and procedures that have been made in | 16 | | response to the team's recommendation.
| 17 | | (Source: P.A. 96-1378, eff. 7-29-10.)
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