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Public Act 101-0219


 

Public Act 0219 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0219
 
HB3704 EnrolledLRB101 09310 SLF 54405 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 Unified Code of Corrections is amended by
changing Sections 3-2.5-20 and 3-6-1 as follows:
 
    (730 ILCS 5/3-2.5-20)
    Sec. 3-2.5-20. General powers and duties.
    (a) In addition to the powers, duties, and responsibilities
which are otherwise provided by law or transferred to the
Department as a result of this Article, the Department, as
determined by the Director, shall have, but are not limited to,
the following rights, powers, functions and duties:
        (1) To accept juveniles committed to it by the courts
    of this State for care, custody, treatment, and
    rehabilitation.
        (2) To maintain and administer all State juvenile
    correctional institutions previously under the control of
    the Juvenile and Women's & Children Divisions of the
    Department of Corrections, and to establish and maintain
    institutions as needed to meet the needs of the youth
    committed to its care.
        (3) To identify the need for and recommend the funding
    and implementation of an appropriate mix of programs and
    services within the juvenile justice continuum, including
    but not limited to prevention, nonresidential and
    residential commitment programs, day treatment, and
    conditional release programs and services, with the
    support of educational, vocational, alcohol, drug abuse,
    and mental health services where appropriate.
        (3.5) To assist youth committed to the Department of
    Juvenile Justice under the Juvenile Court Act of 1987 with
    successful reintegration into society, the Department
    shall retain custody and control of all adjudicated
    delinquent juveniles released under Section 3-2.5-85 or
    3-3-10 of this Code, shall provide a continuum of
    post-release treatment and services to those youth, and
    shall supervise those youth during their release period in
    accordance with the conditions set by the Department or the
    Prisoner Review Board.
        (4) To establish and provide transitional and
    post-release treatment programs for juveniles committed to
    the Department. Services shall include but are not limited
    to:
            (i) family and individual counseling and treatment
        placement;
            (ii) referral services to any other State or local
        agencies;
            (iii) mental health services;
            (iv) educational services;
            (v) family counseling services; and
            (vi) substance abuse services.
        (5) To access vital records of juveniles for the
    purposes of providing necessary documentation for
    transitional services such as obtaining identification,
    educational enrollment, employment, and housing.
        (6) To develop staffing and workload standards and
    coordinate staff development and training appropriate for
    juvenile populations.
        (6.5) To develop policies and procedures promoting
    family engagement and visitation appropriate for juvenile
    populations.
        (7) To develop, with the approval of the Office of the
    Governor and the Governor's Office of Management and
    Budget, annual budget requests.
        (8) To administer the Interstate Compact for
    Juveniles, with respect to all juveniles under its
    jurisdiction, and to cooperate with the Department of Human
    Services with regard to all non-offender juveniles subject
    to the Interstate Compact for Juveniles.
        (9) To decide the date of release on aftercare for
    youth committed to the Department under Section 5-750 of
    the Juvenile Court Act of 1987.
        (10) To set conditions of aftercare release for all
    youth committed to the Department under the Juvenile Court
    Act of 1987.
    (b) The Department may employ personnel in accordance with
the Personnel Code and Section 3-2.5-15 of this Code, provide
facilities, contract for goods and services, and adopt rules as
necessary to carry out its functions and purposes, all in
accordance with applicable State and federal law.
    (c) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the powers,
duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14;
98-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 
    (730 ILCS 5/3-6-1)  (from Ch. 38, par. 1003-6-1)
    Sec. 3-6-1. Institutions; Facilities; and Programs.
    (a) The Department shall designate those institutions and
facilities which shall be maintained for persons assigned as
adults and as juveniles.
    (b) The types, number and population of institutions and
facilities shall be determined by the needs of committed
persons for treatment and the public for protection. All
institutions and programs shall conform to the minimum
standards under this Chapter.
(Source: P.A. 77-2097.)

Effective Date: 1/1/2020