Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-0019


 

Public Act 0019 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0019
 
SB1519 EnrolledLRB100 05700 RLC 20666 b

    AN ACT concerning the Department of Juvenile Justice.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Section 14-110 as follows:
 
    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
    (Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
    Sec. 14-110. Alternative retirement annuity.
    (a) Any member who has withdrawn from service with not less
than 20 years of eligible creditable service and has attained
age 55, and any member who has withdrawn from service with not
less than 25 years of eligible creditable service and has
attained age 50, regardless of whether the attainment of either
of the specified ages occurs while the member is still in
service, shall be entitled to receive at the option of the
member, in lieu of the regular or minimum retirement annuity, a
retirement annuity computed as follows:
        (i) for periods of service as a noncovered employee: if
    retirement occurs on or after January 1, 2001, 3% of final
    average compensation for each year of creditable service;
    if retirement occurs before January 1, 2001, 2 1/4% of
    final average compensation for each of the first 10 years
    of creditable service, 2 1/2% for each year above 10 years
    to and including 20 years of creditable service, and 2 3/4%
    for each year of creditable service above 20 years; and
        (ii) for periods of eligible creditable service as a
    covered employee: if retirement occurs on or after January
    1, 2001, 2.5% of final average compensation for each year
    of creditable service; if retirement occurs before January
    1, 2001, 1.67% of final average compensation for each of
    the first 10 years of such service, 1.90% for each of the
    next 10 years of such service, 2.10% for each year of such
    service in excess of 20 but not exceeding 30, and 2.30% for
    each year in excess of 30.
    Such annuity shall be subject to a maximum of 75% of final
average compensation if retirement occurs before January 1,
2001 or to a maximum of 80% of final average compensation if
retirement occurs on or after January 1, 2001.
    These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
    (b) For the purpose of this Section, "eligible creditable
service" means creditable service resulting from service in one
or more of the following positions:
        (1) State policeman;
        (2) fire fighter in the fire protection service of a
    department;
        (3) air pilot;
        (4) special agent;
        (5) investigator for the Secretary of State;
        (6) conservation police officer;
        (7) investigator for the Department of Revenue or the
    Illinois Gaming Board;
        (8) security employee of the Department of Human
    Services;
        (9) Central Management Services security police
    officer;
        (10) security employee of the Department of
    Corrections or the Department of Juvenile Justice;
        (11) dangerous drugs investigator;
        (12) investigator for the Department of State Police;
        (13) investigator for the Office of the Attorney
    General;
        (14) controlled substance inspector;
        (15) investigator for the Office of the State's
    Attorneys Appellate Prosecutor;
        (16) Commerce Commission police officer;
        (17) arson investigator;
        (18) State highway maintenance worker.
    A person employed in one of the positions specified in this
subsection is entitled to eligible creditable service for
service credit earned under this Article while undergoing the
basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is not
a sworn peace officer at the time of the training.
    (c) For the purposes of this Section:
        (1) The term "state policeman" includes any title or
    position in the Department of State Police that is held by
    an individual employed under the State Police Act.
        (2) The term "fire fighter in the fire protection
    service of a department" includes all officers in such fire
    protection service including fire chiefs and assistant
    fire chiefs.
        (3) The term "air pilot" includes any employee whose
    official job description on file in the Department of
    Central Management Services, or in the department by which
    he is employed if that department is not covered by the
    Personnel Code, states that his principal duty is the
    operation of aircraft, and who possesses a pilot's license;
    however, the change in this definition made by this
    amendatory Act of 1983 shall not operate to exclude any
    noncovered employee who was an "air pilot" for the purposes
    of this Section on January 1, 1984.
        (4) The term "special agent" means any person who by
    reason of employment by the Division of Narcotic Control,
    the Bureau of Investigation or, after July 1, 1977, the
    Division of Criminal Investigation, the Division of
    Internal Investigation, the Division of Operations, or any
    other Division or organizational entity in the Department
    of State Police is vested by law with duties to maintain
    public order, investigate violations of the criminal law of
    this State, enforce the laws of this State, make arrests
    and recover property. The term "special agent" includes any
    title or position in the Department of State Police that is
    held by an individual employed under the State Police Act.
        (5) The term "investigator for the Secretary of State"
    means any person employed by the Office of the Secretary of
    State and vested with such investigative duties as render
    him ineligible for coverage under the Social Security Act
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
    218(l)(1) of that Act.
        A person who became employed as an investigator for the
    Secretary of State between January 1, 1967 and December 31,
    1975, and who has served as such until attainment of age
    60, either continuously or with a single break in service
    of not more than 3 years duration, which break terminated
    before January 1, 1976, shall be entitled to have his
    retirement annuity calculated in accordance with
    subsection (a), notwithstanding that he has less than 20
    years of credit for such service.
        (6) The term "Conservation Police Officer" means any
    person employed by the Division of Law Enforcement of the
    Department of Natural Resources and vested with such law
    enforcement duties as render him ineligible for coverage
    under the Social Security Act by reason of Sections
    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
    term "Conservation Police Officer" includes the positions
    of Chief Conservation Police Administrator and Assistant
    Conservation Police Administrator.
        (7) The term "investigator for the Department of
    Revenue" means any person employed by the Department of
    Revenue and vested with such investigative duties as render
    him ineligible for coverage under the Social Security Act
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
    218(l)(1) of that Act.
        The term "investigator for the Illinois Gaming Board"
    means any person employed as such by the Illinois Gaming
    Board and vested with such peace officer duties as render
    the person ineligible for coverage under the Social
    Security Act by reason of Sections 218(d)(5)(A),
    218(d)(8)(D), and 218(l)(1) of that Act.
        (8) The term "security employee of the Department of
    Human Services" means any person employed by the Department
    of Human Services who (i) is employed at the Chester Mental
    Health Center and has daily contact with the residents
    thereof, (ii) is employed within a security unit at a
    facility operated by the Department and has daily contact
    with the residents of the security unit, (iii) is employed
    at a facility operated by the Department that includes a
    security unit and is regularly scheduled to work at least
    50% of his or her working hours within that security unit,
    or (iv) is a mental health police officer. "Mental health
    police officer" means any person employed by the Department
    of Human Services in a position pertaining to the
    Department's mental health and developmental disabilities
    functions who is vested with such law enforcement duties as
    render the person ineligible for coverage under the Social
    Security Act by reason of Sections 218(d)(5)(A),
    218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
    means that portion of a facility that is devoted to the
    care, containment, and treatment of persons committed to
    the Department of Human Services as sexually violent
    persons, persons unfit to stand trial, or persons not
    guilty by reason of insanity. With respect to past
    employment, references to the Department of Human Services
    include its predecessor, the Department of Mental Health
    and Developmental Disabilities.
        The changes made to this subdivision (c)(8) by Public
    Act 92-14 apply to persons who retire on or after January
    1, 2001, notwithstanding Section 1-103.1.
        (9) "Central Management Services security police
    officer" means any person employed by the Department of
    Central Management Services who is vested with such law
    enforcement duties as render him ineligible for coverage
    under the Social Security Act by reason of Sections
    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
        (10) For a member who first became an employee under
    this Article before July 1, 2005, the term "security
    employee of the Department of Corrections or the Department
    of Juvenile Justice" means any employee of the Department
    of Corrections or the Department of Juvenile Justice or the
    former Department of Personnel, and any member or employee
    of the Prisoner Review Board, who has daily contact with
    inmates or youth by working within a correctional facility
    or Juvenile facility operated by the Department of Juvenile
    Justice or who is a parole officer or an employee who has
    direct contact with committed persons in the performance of
    his or her job duties. For a member who first becomes an
    employee under this Article on or after July 1, 2005, the
    term means an employee of the Department of Corrections or
    the Department of Juvenile Justice who is any of the
    following: (i) officially headquartered at a correctional
    facility or Juvenile facility operated by the Department of
    Juvenile Justice, (ii) a parole officer, (iii) a member of
    the apprehension unit, (iv) a member of the intelligence
    unit, (v) a member of the sort team, or (vi) an
    investigator.
        (11) The term "dangerous drugs investigator" means any
    person who is employed as such by the Department of Human
    Services.
        (12) The term "investigator for the Department of State
    Police" means a person employed by the Department of State
    Police who is vested under Section 4 of the Narcotic
    Control Division Abolition Act with such law enforcement
    powers as render him ineligible for coverage under the
    Social Security Act by reason of Sections 218(d)(5)(A),
    218(d)(8)(D) and 218(l)(1) of that Act.
        (13) "Investigator for the Office of the Attorney
    General" means any person who is employed as such by the
    Office of the Attorney General and is vested with such
    investigative duties as render him ineligible for coverage
    under the Social Security Act by reason of Sections
    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
    the period before January 1, 1989, the term includes all
    persons who were employed as investigators by the Office of
    the Attorney General, without regard to social security
    status.
        (14) "Controlled substance inspector" means any person
    who is employed as such by the Department of Professional
    Regulation and is vested with such law enforcement duties
    as render him ineligible for coverage under the Social
    Security Act by reason of Sections 218(d)(5)(A),
    218(d)(8)(D) and 218(l)(1) of that Act. The term
    "controlled substance inspector" includes the Program
    Executive of Enforcement and the Assistant Program
    Executive of Enforcement.
        (15) The term "investigator for the Office of the
    State's Attorneys Appellate Prosecutor" means a person
    employed in that capacity on a full time basis under the
    authority of Section 7.06 of the State's Attorneys
    Appellate Prosecutor's Act.
        (16) "Commerce Commission police officer" means any
    person employed by the Illinois Commerce Commission who is
    vested with such law enforcement duties as render him
    ineligible for coverage under the Social Security Act by
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
    218(l)(1) of that Act.
        (17) "Arson investigator" means any person who is
    employed as such by the Office of the State Fire Marshal
    and is vested with such law enforcement duties as render
    the person ineligible for coverage under the Social
    Security Act by reason of Sections 218(d)(5)(A),
    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
    employed as an arson investigator on January 1, 1995 and is
    no longer in service but not yet receiving a retirement
    annuity may convert his or her creditable service for
    employment as an arson investigator into eligible
    creditable service by paying to the System the difference
    between the employee contributions actually paid for that
    service and the amounts that would have been contributed if
    the applicant were contributing at the rate applicable to
    persons with the same social security status earning
    eligible creditable service on the date of application.
        (18) The term "State highway maintenance worker" means
    a person who is either of the following:
            (i) A person employed on a full-time basis by the
        Illinois Department of Transportation in the position
        of highway maintainer, highway maintenance lead
        worker, highway maintenance lead/lead worker, heavy
        construction equipment operator, power shovel
        operator, or bridge mechanic; and whose principal
        responsibility is to perform, on the roadway, the
        actual maintenance necessary to keep the highways that
        form a part of the State highway system in serviceable
        condition for vehicular traffic.
            (ii) A person employed on a full-time basis by the
        Illinois State Toll Highway Authority in the position
        of equipment operator/laborer H-4, equipment
        operator/laborer H-6, welder H-4, welder H-6,
        mechanical/electrical H-4, mechanical/electrical H-6,
        water/sewer H-4, water/sewer H-6, sign maker/hanger
        H-4, sign maker/hanger H-6, roadway lighting H-4,
        roadway lighting H-6, structural H-4, structural H-6,
        painter H-4, or painter H-6; and whose principal
        responsibility is to perform, on the roadway, the
        actual maintenance necessary to keep the Authority's
        tollways in serviceable condition for vehicular
        traffic.
    (d) A security employee of the Department of Corrections or
the Department of Juvenile Justice, and a security employee of
the Department of Human Services who is not a mental health
police officer, shall not be eligible for the alternative
retirement annuity provided by this Section unless he or she
meets the following minimum age and service requirements at the
time of retirement:
        (i) 25 years of eligible creditable service and age 55;
    or
        (ii) beginning January 1, 1987, 25 years of eligible
    creditable service and age 54, or 24 years of eligible
    creditable service and age 55; or
        (iii) beginning January 1, 1988, 25 years of eligible
    creditable service and age 53, or 23 years of eligible
    creditable service and age 55; or
        (iv) beginning January 1, 1989, 25 years of eligible
    creditable service and age 52, or 22 years of eligible
    creditable service and age 55; or
        (v) beginning January 1, 1990, 25 years of eligible
    creditable service and age 51, or 21 years of eligible
    creditable service and age 55; or
        (vi) beginning January 1, 1991, 25 years of eligible
    creditable service and age 50, or 20 years of eligible
    creditable service and age 55.
    Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Juvenile Justice, or the
Department of Human Services in a position requiring
certification as a teacher may count such service toward
establishing their eligibility under the service requirements
of this Section; but such service may be used only for
establishing such eligibility, and not for the purpose of
increasing or calculating any benefit.
    (e) If a member enters military service while working in a
position in which eligible creditable service may be earned,
and returns to State service in the same or another such
position, and fulfills in all other respects the conditions
prescribed in this Article for credit for military service,
such military service shall be credited as eligible creditable
service for the purposes of the retirement annuity prescribed
in this Section.
    (f) For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before October 1, 1975 as a covered employee in the
position of special agent, conservation police officer, mental
health police officer, or investigator for the Secretary of
State, shall be deemed to have been service as a noncovered
employee, provided that the employee pays to the System prior
to retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made after
July 31, 1987, regular interest on the amount specified in item
(1) from the date of service to the date of payment.
    For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall be
deemed to have been service as a noncovered employee, provided
that the employee pays to the System prior to retirement an
amount equal to (1) the difference between the employee
contributions that would have been required for such service as
a noncovered employee, and the amount of employee contributions
actually paid, plus (2) if payment is made after January 1,
1990, regular interest on the amount specified in item (1) from
the date of service to the date of payment.
    (g) A State policeman may elect, not later than January 1,
1990, to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3, by filing
a written election with the Board, accompanied by payment of an
amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.5,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
    Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to establish
eligible creditable service for up to 10 years of his service
as a member of the County Police Department under Article 9, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and employer
contributions transferred to the System under Section 9-121.10
and the amounts that would have been contributed had those
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
    (h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may elect
to establish eligible creditable service for up to 12 years of
his service as a policeman under Article 5, by filing a written
election with the Board on or before January 31, 1992, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 5-236, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest thereon
at the effective rate for each year, compounded annually, from
the date of service to the date of payment.
    Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a sheriff's
law enforcement employee under Article 7, by filing a written
election with the Board on or before January 31, 1993, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest thereon
at the effective rate for each year, compounded annually, from
the date of service to the date of payment.
    Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a
sheriff's law enforcement employee under Article 7, a member of
the county police department under Article 9, or a police
officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
    Subject to the limitation in subsection (i), an
investigator for the Office of the Attorney General, or an
investigator for the Department of Revenue, may elect to
establish eligible creditable service for up to 5 years of
service as a police officer under Article 3, a policeman under
Article 5, a sheriff's law enforcement employee under Article
7, or a member of the county police department under Article 9
by filing a written election with the Board within 6 months
after August 25, 2009 (the effective date of Public Act 96-745)
and paying to the System an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
amounts that would have been contributed had such contributions
been made at the rates applicable to State policemen, plus (ii)
interest thereon at the actuarially assumed rate for each year,
compounded annually, from the date of service to the date of
payment.
    Subject to the limitation in subsection (i), a State
policeman, conservation police officer, investigator for the
Office of the Attorney General, an investigator for the
Department of Revenue, or investigator for the Secretary of
State may elect to establish eligible creditable service for up
to 5 years of service as a person employed by a participating
municipality to perform police duties, or law enforcement
officer employed on a full-time basis by a forest preserve
district under Article 7, a county corrections officer, or a
court services officer under Article 9, by filing a written
election with the Board within 6 months after August 25, 2009
(the effective date of Public Act 96-745) and paying to the
System an amount to be determined by the Board, equal to (i)
the difference between the amount of employee and employer
contributions transferred to the System under Sections 7-139.8
and 9-121.10 and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
    (i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j), (k),
and (l) of this Section shall not exceed 12 years.
    (j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys Appellate
Prosecutor or a controlled substance inspector may elect to
establish eligible creditable service for up to 10 years of his
service as a policeman under Article 3 or a sheriff's law
enforcement employee under Article 7, by filing a written
election with the Board, accompanied by payment of an amount to
be determined by the Board, equal to (1) the difference between
the amount of employee and employer contributions transferred
to the System under Section 3-110.6 or 7-139.8, and the amounts
that would have been contributed had such contributions been
made at the rates applicable to State policemen, plus (2)
interest thereon at the effective rate for each year,
compounded annually, from the date of service to the date of
payment.
    (k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to establish
eligible creditable service for periods spent as a full-time
law enforcement officer or full-time corrections officer
employed by the federal government or by a state or local
government located outside of Illinois, for which credit is not
held in any other public employee pension fund or retirement
system. To obtain this credit, the applicant must file a
written application with the Board by March 31, 1998,
accompanied by evidence of eligibility acceptable to the Board
and payment of an amount to be determined by the Board, equal
to (1) employee contributions for the credit being established,
based upon the applicant's salary on the first day as an
alternative formula employee after the employment for which
credit is being established and the rates then applicable to
alternative formula employees, plus (2) an amount determined by
the Board to be the employer's normal cost of the benefits
accrued for the credit being established, plus (3) regular
interest on the amounts in items (1) and (2) from the first day
as an alternative formula employee after the employment for
which credit is being established to the date of payment.
    (l) Subject to the limitation in subsection (i), a security
employee of the Department of Corrections may elect, not later
than July 1, 1998, to establish eligible creditable service for
up to 10 years of his or her service as a policeman under
Article 3, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to security employees of the Department of
Corrections, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service to
the date of payment.
    (m) The amendatory changes to this Section made by this
amendatory Act of the 94th General Assembly apply only to: (1)
security employees of the Department of Juvenile Justice
employed by the Department of Corrections before the effective
date of this amendatory Act of the 94th General Assembly and
transferred to the Department of Juvenile Justice by this
amendatory Act of the 94th General Assembly; and (2) persons
employed by the Department of Juvenile Justice on or after the
effective date of this amendatory Act of the 94th General
Assembly who are required by subsection (b) of Section 3-2.5-15
of the Unified Code of Corrections to have any 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, in the
case of persons who provide vocational training, who are
required to have adequate knowledge in the skill for which they
are providing the vocational training.
    (n) A person employed in a position under subsection (b) of
this Section who has purchased service credit under subsection
(j) of Section 14-104 or subsection (b) of Section 14-105 in
any other capacity under this Article may convert up to 5 years
of that service credit into service credit covered under this
Section by paying to the Fund an amount equal to (1) the
additional employee contribution required under Section
14-133, plus (2) the additional employer contribution required
under Section 14-131, plus (3) interest on items (1) and (2) at
the actuarially assumed rate from the date of the service to
the date of payment.
(Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09;
96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff.
7-2-10.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Sections 3-2.5-15 and 3-10-2 as follows:
 
    (730 ILCS 5/3-2.5-15)
    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
of duties of the Juvenile Division.
    (a) The Department of Juvenile Justice shall assume the
rights, powers, duties, and responsibilities of the Juvenile
Division of the Department of Corrections. Personnel, books,
records, property, and unencumbered appropriations pertaining
to the Juvenile Division of the Department of Corrections shall
be transferred to the Department of Juvenile Justice on the
effective date of this amendatory Act of the 94th General
Assembly. Any rights of employees or the State under the
Personnel Code or any other contract or plan shall be
unaffected by this transfer.
    (b) Department of Juvenile Justice personnel who are hired
by the Department on or after the effective date of this
amendatory Act of the 94th General Assembly 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 any 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. This requirement shall not
apply to security, clerical, food service, and maintenance
staff that do not have direct and regular contact with youth.
The degree requirements specified in this subsection (b) are
not required of persons who provide vocational training and who
have adequate knowledge in the skill for which they are
providing the vocational training.
    (c) Subsection (b) of this Section does not apply to
personnel transferred to the Department of Juvenile Justice on
the effective date of this amendatory Act of the 94th General
Assembly.
    (d) The Department shall be under the direction of the
Director of Juvenile Justice as provided in this Code.
    (e) The Director shall organize divisions within the
Department and shall assign functions, powers, duties, and
personnel as required by law. The Director may create other
divisions and may assign other functions, powers, duties, and
personnel as may be necessary or desirable to carry out the
functions and responsibilities vested by law in the Department.
The Director may, with the approval of the Office of the
Governor, assign to and share functions, powers, duties, and
personnel with other State agencies such that administrative
services and administrative facilities are provided by a shared
administrative service center. Where possible, shared services
which impact youth should be done with child-serving agencies.
These administrative services may include, but are not limited
to, all of the following functions: budgeting, accounting
related functions, auditing, human resources, legal,
procurement, training, data collection and analysis,
information technology, internal investigations, intelligence,
legislative services, emergency response capability, statewide
transportation services, and general office support.
    (f) The Department of Juvenile Justice may enter into
intergovernmental cooperation agreements under which minors
adjudicated delinquent and committed to the Department of
Juvenile Justice may participate in county juvenile impact
incarceration programs established under Section 3-6039 of the
Counties Code.
    (g) The Department of Juvenile Justice must comply with the
ethnic and racial background data collection procedures
provided in Section 4.5 of the Criminal Identification Act.
(Source: P.A. 98-528, eff. 1-1-15; 98-689, eff. 1-1-15.)
 
    (730 ILCS 5/3-10-2)  (from Ch. 38, par. 1003-10-2)
    Sec. 3-10-2. Examination of Persons Committed to the
Department of Juvenile Justice.
    (a) A person committed to the Department of Juvenile
Justice shall be examined in regard to his medical,
psychological, social, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense and any other information as the
Department of Juvenile Justice may determine.
    (a-5) Upon admission of a person committed to the
Department of Juvenile Justice, the Department of Juvenile
Justice must provide the person with appropriate information
concerning HIV and AIDS in writing, verbally, or by video or
other electronic means. The Department of Juvenile Justice
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department of Juvenile Justice also must offer the person the
option of being tested, at no charge to the person, for
infection with human immunodeficiency virus (HIV). Pre-test
information shall be provided to the committed person and
informed consent obtained as required in subsection (q) of
Section 3 and Section 5 of the AIDS Confidentiality Act. The
Department of Juvenile Justice may conduct opt-out HIV testing
as defined in Section 4 of the AIDS Confidentiality Act. If the
Department conducts opt-out HIV testing, the Department shall
place signs in English, Spanish and other languages as needed
in multiple, highly visible locations in the area where HIV
testing is conducted informing inmates that they will be tested
for HIV unless they refuse, and refusal or acceptance of
testing shall be documented in the inmate's medical record. The
Department shall follow procedures established by the
Department of Public Health to conduct HIV testing and testing
to confirm positive HIV test results. All testing must be
conducted by medical personnel, but pre-test and other
information may be provided by committed persons who have
received appropriate training. The Department, in conjunction
with the Department of Public Health, shall develop a plan that
complies with the AIDS Confidentiality Act to deliver
confidentially all positive or negative HIV test results to
inmates or former inmates. Nothing in this Section shall
require the Department to offer HIV testing to an inmate who is
known to be infected with HIV, or who has been tested for HIV
within the previous 180 days and whose documented HIV test
result is available to the Department electronically. The
testing provided under this subsection (a-5) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
    Also upon admission of a person committed to the Department
of Juvenile Justice, the Department of Juvenile Justice must
inform the person of the Department's obligation to provide the
person with medical care.
    (b) Based on its examination, the Department of Juvenile
Justice may exercise the following powers in developing a
treatment program of any person committed to the Department of
Juvenile Justice:
        (1) Require participation by him in vocational,
    physical, educational and corrective training and
    activities to return him to the community.
        (2) Place him in any institution or facility of the
    Department of Juvenile Justice.
        (3) Order replacement or referral to the Parole and
    Pardon Board as often as it deems desirable. The Department
    of Juvenile Justice shall refer the person to the Parole
    and Pardon Board as required under Section 3-3-4.
        (4) Enter into agreements with the Secretary of Human
    Services and the Director of Children and Family Services,
    with courts having probation officers, and with private
    agencies or institutions for separate care or special
    treatment of persons subject to the control of the
    Department of Juvenile Justice.
    (c) The Department of Juvenile Justice shall make periodic
reexamination of all persons under the control of the
Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued.
This examination shall be made with respect to every person at
least once annually.
    (d) A record of the treatment decision including any
modification thereof and the reason therefor, shall be part of
the committed person's master record file.
    (e) The Department of Juvenile Justice shall by regular
certified mail and telephone or electronic message 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 of his or her physical location
thereof.
(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
eff. 7-20-15.)

Effective Date: 1/1/2018