Public Act 097-0163
 
SB2151 EnrolledLRB097 09724 RLC 50467 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended
by changing Section 17a-5 as follows:
 
    (20 ILCS 505/17a-5)  (from Ch. 23, par. 5017a-5)
    Sec. 17a-5. The Department of Human Services shall be
successor to the Department of Children and Family Services in
the latter Department's capacity as successor to the Illinois
Law Enforcement Commission in the functions of that Commission
relating to juvenile justice and the federal Juvenile Justice
and Delinquency Prevention Act of 1974 as amended, and shall
have the powers, duties and functions specified in this Section
relating to juvenile justice and the federal Juvenile Justice
and Delinquency Prevention Act of 1974, as amended.
    (1) Definitions. As used in this Section:
        (a) "juvenile justice system" means all activities by
    public or private agencies or persons pertaining to the
    handling of youth involved or having contact with the
    police, courts or corrections;
        (b) "unit of general local government" means any
    county, municipality or other general purpose political
    subdivision of this State;
        (c) "Commission" means the Illinois Juvenile Justice
    Commission provided for in Section 17a-9 of this Act.
    (2) Powers and Duties of Department. The Department of
Human Services shall serve as the official State Planning
Agency for juvenile justice for the State of Illinois and in
that capacity is authorized and empowered to discharge any and
all responsibilities imposed on such bodies by the federal
Juvenile Justice and Delinquency Prevention Act of 1974, as
amended, specifically the deinstitutionalization of status
offenders, separation of juveniles and adults in municipal and
county jails, removal of juveniles from county and municipal
jails and monitoring of compliance with these mandates. In
furtherance thereof, the Department has the powers and duties
set forth in paragraphs 3 through 15 of this Section:
    (3) To develop annual comprehensive plans based on analysis
of juvenile crime problems and juvenile justice and delinquency
prevention needs in the State, for the improvement of juvenile
justice throughout the State, such plans to be in accordance
with the federal Juvenile Justice and Delinquency Prevention
Act of 1974, as amended;
    (4) To define, develop and correlate programs and projects
relating to administration of juvenile justice for the State
and units of general local government within the State or for
combinations of such units for improvement in law enforcement;
    (5) To advise, assist and make recommendations to the
Governor as to how to achieve a more efficient and effective
juvenile justice system;
    (5.1) To develop recommendations to ensure the effective
reintegration of youth offenders into communities to which they
are returning. The Illinois Juvenile Justice Commission,
utilizing available information provided by the Department of
Juvenile Justice, the Prisoner Review Board, the Illinois
Criminal Justice Information Authority, and any other relevant
State agency, shall develop by September 30, 2010, a report on
juveniles who have been the subject of a parole revocation
within the past year in Illinois. The report shall provide
information on the number of youth confined in the Department
of Juvenile Justice for revocation based on a technical parole
violation, the length of time the youth spent on parole prior
to the revocation, the nature of the committing offense that
served as the basis for the original commitment, demographic
information including age, race, sex, and zip code of the
underlying offense and the conduct leading to revocation. In
addition, the Juvenile Justice Commission shall develop
recommendations to:
        (A) recommend the development of a tracking system to
    provide quarterly statewide reports on youth released from
    the Illinois Department of Juvenile Justice including
    lengths of stay in the Illinois Department of Juvenile
    Justice prior to release, length of monitoring
    post-release, pre-release services provided to each youth,
    violations of release conditions including length of
    release prior to violation, nature of violation, and
    intermediate sanctions offered prior to violation;
        (B) recommend outcome measures of educational
    attainment, employment, homelessness, recidivism, and
    other appropriate measures that can be used to assess the
    performance of the State of Illinois in operating youth
    offender reentry programs;
        (C) recommend due process protections for youth during
    release decision-making processes including, but not
    limited to, parole revocation proceedings and release on
    parole.
    The Commission shall study and make recommendations to the
Governor and General Assembly to ensure the effective treatment
and supervision of the specialized population of juvenile
offenders who are adjudicated delinquent for a sex offense. The
Illinois Juvenile Justice Commission shall utilize available
information and research on best practices within the State and
across the nation including, but not limited to research and
recommendations from the U.S. Department of Justice. Among
other relevant options, the Commission shall: consider
requiring specially trained probation, parole or aftercare
officers to supervise juveniles adjudicated as sex offenders;
explore the development of individualized probation or parole
orders which would include, but is not limited to, supervision
and treatment options for juveniles adjudicated as sex
offenders; and consider the appropriateness and feasibility of
restricting juveniles adjudicated as sex offenders from
certain locations including schools and parks.
    The Juvenile Justice Commission shall include information
and recommendations on the effectiveness of the State's
juvenile reentry programming, including progress on the
recommendations in subparagraphs (A) and (B) of this paragraph
(5.1), in its annual submission of recommendations to the
Governor and the General Assembly on matters relative to its
function, and in its annual juvenile justice plan. This
paragraph (5.1) may be cited as the Youth Reentry Improvement
Law of 2009;
    (6) To act as a central repository for federal, State,
regional and local research studies, plans, projects, and
proposals relating to the improvement of the juvenile justice
system;
    (7) To act as a clearing house for information relating to
all aspects of juvenile justice system improvement;
    (8) To undertake research studies to aid in accomplishing
its purposes;
    (9) To establish priorities for the expenditure of funds
made available by the United States for the improvement of the
juvenile justice system throughout the State;
    (10) To apply for, receive, allocate, disburse, and account
for grants of funds made available by the United States
pursuant to the federal Juvenile Justice and Delinquency
Prevention Act of 1974, as amended; and such other similar
legislation as may be enacted from time to time in order to
plan, establish, operate, coordinate, and evaluate projects
directly or through grants and contracts with public and
private agencies for the development of more effective
education, training, research, prevention, diversion,
treatment and rehabilitation programs in the area of juvenile
delinquency and programs to improve the juvenile justice
system;
    (11) To insure that no more than the maximum percentage of
the total annual State allotment of juvenile justice funds be
utilized for the administration of such funds;
    (12) To provide at least 66-2/3 per centum of funds
received by the State under the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, are expended
through:
        (a) programs of units of general local government or
    combinations thereof, to the extent such programs are
    consistent with the State plan; and
        (b) programs of local private agencies, to the extent
    such programs are consistent with the State plan;
    (13) To enter into agreements with the United States
government which may be required as a condition of obtaining
federal funds;
    (14) To enter into contracts and cooperate with units of
general local government or combinations of such units, State
agencies, and private organizations of all types, for the
purpose of carrying out the duties of the Department imposed by
this Section or by federal law or regulations;
    (15) To exercise all other powers that are reasonable and
necessary to fulfill its functions under applicable federal law
or to further the purposes of this Section.
(Source: P.A. 96-853, eff. 12-23-09; 96-1271, eff. 1-1-11.)