Full Text of HB2589 100th General Assembly
HB2589eng 100TH GENERAL ASSEMBLY |
| | HB2589 Engrossed | | LRB100 09280 RLC 19438 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 Unified Code of Corrections is amended by | 5 | | changing Sections 3-2.5-70 and 3-3-9.5 as follows: | 6 | | (730 ILCS 5/3-2.5-70) | 7 | | Sec. 3-2.5-70. Aftercare. | 8 | | (a) The Department shall implement an aftercare program | 9 | | that includes, at a minimum, the following program elements: | 10 | | (1) A process for developing and implementing a case | 11 | | management plan for timely and successful reentry into the | 12 | | community beginning upon commitment. | 13 | | (2) A process for reviewing committed youth for | 14 | | recommendation for aftercare release. | 15 | | (3) Supervision in accordance with the conditions set | 16 | | by the Department or Prisoner Review Board and referral to | 17 | | and facilitation of community-based services including | 18 | | education, social and mental health services, substance | 19 | | abuse treatment, employment and vocational training, | 20 | | individual and family counseling, financial counseling, | 21 | | and other services as appropriate; and assistance in | 22 | | locating appropriate residential placement and obtaining | 23 | | suitable employment. The Department may purchase necessary |
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| 1 | | services for a releasee if they are otherwise unavailable | 2 | | and the releasee is unable to pay for the services. It may | 3 | | assess all or part of the costs of these services to a | 4 | | releasee in accordance with his or her ability to pay for | 5 | | the services. | 6 | | (4) Standards for sanctioning violations of conditions | 7 | | of aftercare release that ensure that juvenile offenders | 8 | | face uniform and consistent consequences that hold them | 9 | | accountable taking into account aggravating and mitigating | 10 | | factors and prioritizing public safety. | 11 | | (5) A process for reviewing youth on aftercare release | 12 | | for discharge. | 13 | | (b) The Department of Juvenile Justice shall have the | 14 | | following rights, powers, functions, and duties: | 15 | | (1) To investigate alleged violations of an aftercare | 16 | | releasee's conditions of release; and for this purpose it | 17 | | may issue subpoenas and compel the attendance of witnesses | 18 | | and the production of documents only if there is reason to | 19 | | believe that the procedures would provide evidence that the | 20 | | violations have occurred. If any person fails to obey a | 21 | | subpoena issued under this subsection, the Director may | 22 | | apply to any circuit court to secure compliance with the | 23 | | subpoena. The failure to comply with the order of the court | 24 | | issued in response thereto shall be punishable as contempt | 25 | | of court. | 26 | | (2) To issue a violation warrant for the apprehension |
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| 1 | | of an aftercare releasee for violations of the conditions | 2 | | of aftercare release. Aftercare specialists and | 3 | | supervisors have the full power of peace officers in the | 4 | | retaking of any youth alleged to have violated the | 5 | | conditions of aftercare release. | 6 | | (c) The Department of Juvenile Justice shall designate | 7 | | aftercare specialists qualified in juvenile matters to perform | 8 | | case management and post-release programming functions under | 9 | | this Section.
| 10 | | (d) The Department of Children and Family Services shall | 11 | | assign a caseworker to attend any hearing involving a youth in | 12 | | the care and custody of the Department of Children and Family | 13 | | Services who is placed on aftercare release, including hearings | 14 | | involving sanctions for violation of aftercare release | 15 | | conditions and aftercare release revocation hearings. | 16 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .) | 17 | | (730 ILCS 5/3-3-9.5) | 18 | | Sec. 3-3-9.5. Revocation of aftercare release; revocation | 19 | | hearing. | 20 | | (a) If, prior to expiration or termination of the aftercare | 21 | | release term, a juvenile committed to the Department of | 22 | | Juvenile Justice under the Juvenile Court Act of 1987 violates | 23 | | a condition of release set by the Department under Section | 24 | | 3-2.5-95 of this Code, the Department may initiate revocation | 25 | | proceedings by issuing a violation warrant under Section |
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| 1 | | 3-2.5-70 of this Code or by retaking of the releasee and | 2 | | returning him or her to a Department facility. | 3 | | (b) The Department shall provide the releasee and the | 4 | | Prisoner Review Board with written notice of the alleged | 5 | | violation of aftercare release charged against him or her. | 6 | | (c) The issuance of a warrant of arrest for an alleged | 7 | | violation of the conditions of aftercare release shall toll the | 8 | | running of the aftercare release term until the final | 9 | | determination of the alleged violation is made. If the Board | 10 | | finds that the youth has not violated a condition of aftercare | 11 | | release, that period shall be credited to the term. | 12 | | (d) A person charged with violating a condition of | 13 | | aftercare release shall have a preliminary hearing before a | 14 | | hearing officer designated by the Board to determine if there | 15 | | is probable cause to hold the person for a revocation hearing. | 16 | | However, no preliminary hearing need be held when revocation is | 17 | | based upon new criminal charges and a court finds probable | 18 | | cause on the new criminal charges or when the revocation is | 19 | | based upon a new criminal conviction or a finding of | 20 | | delinquency and a certified copy of that conviction is | 21 | | available. | 22 | | (e) At the preliminary hearing, the Board may order the | 23 | | releasee held in Department custody or released under | 24 | | supervision pending a final revocation decision of the Board. A | 25 | | youth who is held in Department custody, shall be released and | 26 | | discharged upon the expiration of the maximum term permitted |
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| 1 | | under the Juvenile Court Act of 1987. | 2 | | (f) A hearing on revocation shall be conducted before at | 3 | | least one member of the Prisoner Review Board. The Board may | 4 | | meet and order its actions in panels of 3 or more members. The | 5 | | action of a majority of the panel shall be the action of the | 6 | | Board. The member hearing the matter and at least a majority of | 7 | | the panel shall be experienced in juvenile matters. A record of | 8 | | the hearing shall be made. At the hearing the releasee shall be | 9 | | permitted to: | 10 | | (1) appear and answer the charge; and | 11 | | (2) bring witnesses on his or her behalf. | 12 | | (g) If the Board finds that the juvenile has not violated a | 13 | | condition of aftercare release, the Board shall order the | 14 | | juvenile rereleased and aftercare release continued under the | 15 | | existing term and may make specific recommendations to the | 16 | | Department regarding appropriate conditions of release. | 17 | | (h) If the Board finds that the juvenile has violated a | 18 | | condition of aftercare release, the Board shall either: | 19 | | (1) revoke aftercare release and order the juvenile | 20 | | reconfined; or | 21 | | (2) order the juvenile rereleased to serve a specified | 22 | | aftercare release term not to exceed the full term | 23 | | permitted under the Juvenile Court Act of 1987 and may make | 24 | | specific recommendations to the Department regarding | 25 | | appropriate conditions of rerelease. | 26 | | (i) Aftercare release shall not be revoked for failure to |
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| 1 | | make payments under the conditions of release unless the Board | 2 | | determines that the failure is due to the juvenile's willful | 3 | | refusal to pay.
| 4 | | (j) The Department of Children and Family Services shall | 5 | | assign a caseworker to attend a hearing on revocation of | 6 | | aftercare release of a youth in the care and custody of the | 7 | | Department of Children and Family Services. | 8 | | (Source: P.A. 99-628, eff. 1-1-17 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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