103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2361

 

Introduced 2/10/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 55/5
55 ILCS 75/Act title
55 ILCS 75/1  from Ch. 23, par. 2681
55 ILCS 75/3  from Ch. 23, par. 2683
55 ILCS 75/10  from Ch. 23, par. 2690
105 ILCS 5/34-2.4b  from Ch. 122, par. 34-2.4b
305 ILCS 5/1-8.5
705 ILCS 405/5-145
705 ILCS 405/5-750
705 ILCS 405/5-7A-105
720 ILCS 5/12-2  from Ch. 38, par. 12-2
730 ILCS 5/3-2-2  from Ch. 38, par. 1003-2-2
730 ILCS 5/3-2.5-20
730 ILCS 5/3-19-5

    Amends the Unified Code of Corrections. Provides that, 2 years after the effective date of the amendatory Act, the Department of Juvenile Justice shall exercise control and supervision of all county detention centers in the State. Provides that the Department shall adopt rules to close all juvenile detention centers in the State and shall establish a rehabilitation program for minors adjudicated delinquent which must be completed before the completion of their sentence. Amends the Juvenile Court Act of 1987. Provides that after the closure of all juvenile detention centers in the State and the establishment of the rehabilitation program by the Department, every minor committed to the Department must successfully complete a rehabilitation program established by the Department. Provides that the failure of the minor to successfully complete the program shall result in the minor remaining in custody of the Department until the minor's 21st birthday. Amends various Acts to make conforming changes. Effective immediately.


LRB103 28331 RLC 54710 b

 

 

A BILL FOR

 

SB2361LRB103 28331 RLC 54710 b

1    AN ACT concerning juvenile detention centers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Agency Student Worker Opportunity Act
5is amended by changing Section 5 as follows:
 
6    (20 ILCS 55/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Court-involved youth" means an individual who was
9committed to the custody of the Department of Juvenile Justice
10or a Department of Juvenile Justice county juvenile detention
11center and has been released from that facility or discharged
12from custody.
13    "Homeless youth" means an individual up to 21 years of
14age, who has been verified as a homeless child or youth, as
15defined under the federal McKinney-Vento Homeless Assistance
16Act.
17    "Qualified applicant" means an individual who: (1) is 21
18years of age or younger; (2) is qualified for the internship or
19student worker position; and (3) is or has been a dependent
20child in foster care, a homeless youth, or a court-involved
21youth.
22    "State agency" means all boards, commissions, agencies,
23institutions, authorities, bodies politic and corporate of the

 

 

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1State created by or pursuant to the constitution or statute,
2of the executive branch of State government.
3(Source: P.A. 100-141, eff. 1-1-18.)
 
4    Section 10. The County Shelter Care and Detention Home Act
5is amended by changing the title of the Act and Sections 1, 3,
6and 10 as follows:
 
7    (55 ILCS 75/Act title)
8    An Act to authorize county authorities to provide for the
9care and custody of minors who are neglected, abused,
10addicted, dependent, or require authoritative intervention or
11delinquent, and to levy and collect a tax for that purpose.
 
12    (55 ILCS 75/1)  (from Ch. 23, par. 2681)
13    Sec. 1. Establishment and maintenance of homes.
14    (a) The board of county commissioners or the county board
15in any county in this State, may locate, purchase, erect,
16lease, or otherwise provide and establish, support and
17maintain a detention home for the care and custody of
18delinquent minors and a shelter care home for the temporary
19care of minors who are delinquent, dependent, neglected,
20addicted, abused or require authoritative intervention. They
21may levy and collect a tax to pay the cost of its establishment
22and maintenance in accordance with the terms and provisions of
23this Act. In counties with 300,000 or less inhabitants, the

 

 

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1powers enumerated in this Act shall not be exercised unless
2this Act is adopted by the legal voters of the county as
3provided in this Act. In counties with over 300,000 but less
4than 1,000,000 inhabitants the county board by majority vote
5may establish county shelter care and detention homes without
6adoption of this Act by the legal voters and without
7referendum.
8    (b) In any county, if the board of county commissioners or
9the county board, as the case may be, determines that a shelter
10care or detention home presently in use is obsolete, it may
11continue to operate the shelter care or detention home on a
12temporary basis and, by majority vote of that board, may
13rebuild or replace the home at its present location or
14another.
15    (c) No county shall be required to discontinue the use of
16any shelter care or detention home in existence or in use on
17the effective date of this amendatory Act of 1975 because of
18the fact that the proposition to establish and maintain the
19shelter care or detention home has not been submitted to the
20voters as provided in this Act.
21    This amendatory Act of 1975 is not a limit on any county
22which is a home rule unit.
23    (d) Cook County is not required to discontinue the use of
24the Cook County Juvenile Temporary Detention Center or of any
25other shelter care home or detention home in existence or in
26use on the effective date of this amendatory Act of the 95th

 

 

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1General Assembly because of the fact that the proposition to
2establish and maintain it was not submitted to the voters as
3provided in this Act.
4(Source: P.A. 95-194, eff. 1-1-08.)
 
5    (55 ILCS 75/3)  (from Ch. 23, par. 2683)
6    Sec. 3. Administrator; necessary personnel; supplies or
7repairs.
8    (a) The administrator and all other necessary personnel of
9the shelter care home and detention home, shall be appointed
10by the Chief Judge of the Circuit Court or any Judge of that
11Circuit designated by the Chief Judge, to serve at the
12pleasure of the appointing authority. Each shall receive a
13monthly salary fixed by the county board. Personnel shall also
14be reimbursed for their actual and necessary expenses incurred
15in the performance of their duties. The expenses shall be
16reimbursed at least monthly upon proper certification by the
17court.
18    The supplies or repairs necessary to maintain, operate and
19conduct the shelter care home and the detention home shall be
20furnished upon the requisition of its administrator to the
21chairman of a committee as may be designated by the county
22board, and the bills therefor shall be audited, passed upon
23and paid as other bills for supplies furnished for county
24institutions.
25    (b) Within 180 days after the effective date of this

 

 

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1amendatory Act of the 95th General Assembly, the Chief Judge
2of the Cook County Circuit Court, or any Judge of that Circuit
3designated by the Chief Judge, shall appoint an administrator
4to serve as the Superintendent of the Cook County Temporary
5Juvenile Detention Center. The Chief Judge of the Cook County
6Circuit Court, or any Judge of that Circuit designated by the
7Chief Judge shall appoint all other necessary personnel of any
8the Cook County Juvenile Temporary Detention Center and any
9other shelter care home or detention home in Cook County in
10accordance with subsections (a) and (d) of this Section. The
11term of the administrator and any personnel in office upon the
12effective date of this amendatory Act of the 95th General
13Assembly shall terminate upon the appointment of his or her
14successor.
15    (c) The Chief Judge of the Cook County Circuit Court, or
16any Judge of that Circuit designated by the Chief Judge, shall
17have administrative control over the budget of the Cook County
18Juvenile Temporary Detention Center and any other shelter care
19home or detention home in Cook County, subject to the approval
20of the Cook County Board and in accordance with subsections
21(a) and (d) of this Section.
22    (d) The supplies or repairs necessary to maintain,
23operate, and conduct the shelter care home and the detention
24home shall be furnished upon the requisition of its
25administrator to the chairman of a committee as may be
26designated by the county board, however in Cook County the

 

 

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1administrator shall submit such requisitions to the County
2Board and Office of the Purchasing Agent in accordance with
3the ordinances established by the Cook County Board. Those
4bills shall be audited, passed upon and paid as other bills for
5supplies furnished for county institutions.
6(Source: P.A. 95-194, eff. 1-1-08.)
 
7    (55 ILCS 75/10)  (from Ch. 23, par. 2690)
8    Sec. 10. This Act shall be known and may be cited as the
9"County Shelter Care and Detention Home Act".
10(Source: P.A. 81-469.)
 
11    Section 15. The School Code is amended by changing Section
1234-2.4b as follows:
 
13    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
14    Sec. 34-2.4b. Limitation upon applicability. Beginning
15with the first local school council election that occurs after
16the effective date of this amendatory Act of the 102nd General
17Assembly, the provisions of Sections 34-2.1, 34-2.2, 34-2.3,
1834-2.3a, 34-2.4 and 34-8.3 and those provisions of paragraph 1
19of Section 34-18 and paragraph (c) of Section 34A-201a
20relating to the allocation or application -- by formula or
21otherwise -- of lump sum amounts and other funds to attendance
22centers shall not apply to the Cook County Juvenile Detention
23Center and Cook County Jail schools, nor to the district's

 

 

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1alternative schools for pregnant girls, nor to alternative
2schools established under Article 13A, nor to a contract
3school, nor to the Michael R. Durso School, the Jackson Adult
4Center, the Hillard Adult Center, the Alternative Transitional
5School, or any other attendance center designated by the Board
6as an alternative school, nor to any school established as a
7teacher training academy, nor to any school with a specialty
82-year programming model, nor to any school established as a
9one-year school or program, nor to any school with a specialty
10student focus or transient student population, provided that
11the designation is not applied to an attendance center that
12has in place a legally constituted local school council,
13except for contract turnaround schools. The board of education
14shall have and exercise with respect to those schools and with
15respect to the conduct, operation, affairs and budgets of
16those schools, and with respect to the principals, teachers
17and other school staff there employed, the same powers which
18are exercisable by local school councils with respect to the
19other attendance centers, principals, teachers and school
20staff within the district, together with all powers and duties
21generally exercisable by the board of education with respect
22to all attendance centers within the district. The board of
23education shall develop appropriate alternative methods for
24involving parents, community members and school staff to the
25maximum extent possible in all of the activities of those
26schools, and may delegate to the parents, community members

 

 

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1and school staff so involved the same powers which are
2exercisable by local school councils with respect to other
3attendance centers.
4(Source: P.A. 102-677, eff. 12-3-21.)
 
5    Section 20. The Illinois Public Aid Code is amended by
6changing Section 1-8.5 as follows:
 
7    (305 ILCS 5/1-8.5)
8    Sec. 1-8.5. Eligibility for medical assistance during
9periods of incarceration or detention.
10    (a) To the extent permitted by federal law and
11notwithstanding any other provision of this Code, the
12Department of Healthcare and Family Services shall not cancel
13a person's eligibility for medical assistance, nor shall the
14Department deny a person's application for medical assistance,
15solely because that person has become or is an inmate of a
16public institution, including, but not limited to, a county
17jail, Department of Juvenile Justice juvenile detention
18center, or State correctional facility. The person may be and
19remain enrolled for medical assistance as long as all other
20eligibility criteria are met.
21    (b) The Department may adopt rules to permit a person to
22apply for medical assistance while he or she is an inmate of a
23public institution as described in subsection (a). The rules
24may limit applications to persons who would be likely to

 

 

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1qualify for medical assistance if they resided in the
2community. Any such person who is not already enrolled for
3medical assistance may apply for medical assistance prior to
4the date of scheduled release or discharge from a penal
5institution or county jail or similar status.
6    (c) Except as provided under Section 17 of the County Jail
7Act, the Department shall not be responsible to provide
8medical assistance under this Code for any medical care,
9services, or supplies provided to a person while he or she is
10an inmate of a public institution as described in subsection
11(a). The responsibility for providing medical care shall
12remain as otherwise provided by law with the Department of
13Corrections, county, or other arresting authority. The
14Department may seek federal financial participation, to the
15extent that it is available and with the cooperation of the
16Department of Juvenile Justice, the Department of Corrections,
17or the relevant county, for the costs of those services.
18    (d) To the extent permitted under State and federal law,
19the Department shall develop procedures to expedite required
20periodic reviews of continued eligibility for persons
21described in subsection (a).
22    (e) Counties, the Department of Juvenile Justice, the
23Department of Human Services, and the Department of
24Corrections shall cooperate with the Department in
25administering this Section. That cooperation shall include
26managing eligibility processing and sharing information

 

 

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1sufficient to inform the Department, in a manner established
2by the Department, that a person enrolled in the medical
3assistance program has been detained or incarcerated.
4    (f) The Department shall resume responsibility for
5providing medical assistance upon release of the person to the
6community as long as all of the following apply:
7        (1) The person is enrolled for medical assistance at
8    the time of release.
9        (2) Neither a county, the Department of Juvenile
10    Justice, the Department of Corrections, nor any other
11    criminal justice authority continues to bear
12    responsibility for the person's medical care.
13        (3) The county, the Department of Juvenile Justice, or
14    the Department of Corrections provides timely notice of
15    the date of release in a manner established by the
16    Department.
17    (g) This Section applies on and after December 31, 2011.
18(Source: P.A. 98-139, eff. 1-1-14; 99-415, eff. 8-20-15.)
 
19    Section 25. The Juvenile Court Act of 1987 is amended by
20changing Sections 5-145, 5-750, and 5-7A-105 as follows:
 
21    (705 ILCS 405/5-145)
22    Sec. 5-145. Cooperation of agencies; Serious Habitual
23Offender Comprehensive Action Program.
24    (a) The Serious Habitual Offender Comprehensive Action

 

 

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1Program (SHOCAP) is a multi-disciplinary interagency case
2management and information sharing system that enables the
3juvenile justice system, schools, and social service agencies
4to make more informed decisions regarding a small number of
5juveniles who repeatedly commit serious delinquent acts.
6    (b) Each county in the State of Illinois, other than Cook
7County, may establish a multi-disciplinary agency (SHOCAP)
8committee. In Cook County, each subcircuit or group of
9subcircuits may establish a multi-disciplinary agency (SHOCAP)
10committee. The committee shall consist of representatives from
11the following agencies: local law enforcement, area school
12district, state's attorney's office, and court services
13(probation).
14    The chairman may appoint additional members to the
15committee as deemed appropriate to accomplish the goals of
16this program, including, but not limited to, representatives
17from the Department of Juvenile Justice juvenile detention
18center, mental health, the Illinois Department of Children and
19Family Services, Department of Human Services and community
20representatives at large.
21    (c) The SHOCAP committee shall adopt, by a majority of the
22members:
23        (1) criteria that will identify those who qualify as a
24    serious habitual juvenile offender; and
25        (2) a written interagency information sharing
26    agreement to be signed by the chief executive officer of

 

 

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1    each of the agencies represented on the committee. The
2    interagency information sharing agreement shall include a
3    provision that requires that all records pertaining to a
4    serious habitual offender (SHO) shall be confidential.
5    Disclosure of information may be made to other staff from
6    member agencies as authorized by the SHOCAP committee for
7    the furtherance of case management and tracking of the
8    SHO. Staff from the member agencies who receive this
9    information shall be governed by the confidentiality
10    provisions of this Act. The staff from the member agencies
11    who will qualify to have access to the SHOCAP information
12    must be limited to those individuals who provide direct
13    services to the SHO or who provide supervision of the SHO.
14    (d) The Chief Juvenile Circuit Judge, or the Chief Circuit
15Judge, or his or her designee, may issue a comprehensive
16information sharing court order. The court order shall allow
17agencies who are represented on the SHOCAP committee and whose
18chief executive officer has signed the interagency information
19sharing agreement to provide and disclose information to the
20SHOCAP committee. The sharing of information will ensure the
21coordination and cooperation of all agencies represented in
22providing case management and enhancing the effectiveness of
23the SHOCAP efforts.
24    (e) Any person or agency who is participating in good
25faith in the sharing of SHOCAP information under this Act
26shall have immunity from any liability, civil, criminal, or

 

 

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1otherwise, that might result by reason of the type of
2information exchanged. For the purpose of any proceedings,
3civil or criminal, the good faith of any person or agency
4permitted to share SHOCAP information under this Act shall be
5presumed.
6    (f) All reports concerning SHOCAP clients made available
7to members of the SHOCAP committee and all records generated
8from these reports shall be confidential and shall not be
9disclosed, except as specifically authorized by this Act or
10other applicable law. It is a Class A misdemeanor to permit,
11assist, or encourage the unauthorized release of any
12information contained in SHOCAP reports or records.
13(Source: P.A. 90-590, eff. 1-1-99.)
 
14    (705 ILCS 405/5-750)
15    Sec. 5-750. Commitment to the Department of Juvenile
16Justice.
17    (1) Except as provided in subsection (2) of this Section,
18when any delinquent has been adjudged a ward of the court under
19this Act, the court may commit him or her to the Department of
20Juvenile Justice, if it finds that (a) his or her parents,
21guardian or legal custodian are unfit or are unable, for some
22reason other than financial circumstances alone, to care for,
23protect, train or discipline the minor, or are unwilling to do
24so, and the best interests of the minor and the public will not
25be served by placement under Section 5-740, or it is necessary

 

 

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1to ensure the protection of the public from the consequences
2of criminal activity of the delinquent; and (b) commitment to
3the Department of Juvenile Justice is the least restrictive
4alternative based on evidence that efforts were made to locate
5less restrictive alternatives to secure confinement and the
6reasons why efforts were unsuccessful in locating a less
7restrictive alternative to secure confinement. Before the
8court commits a minor to the Department of Juvenile Justice,
9it shall make a finding that secure confinement is necessary,
10following a review of the following individualized factors:
11        (A) Age of the minor.
12        (B) Criminal background of the minor.
13        (C) Review of results of any assessments of the minor,
14    including child centered assessments such as the CANS.
15        (D) Educational background of the minor, indicating
16    whether the minor has ever been assessed for a learning
17    disability, and if so what services were provided as well
18    as any disciplinary incidents at school.
19        (E) Physical, mental and emotional health of the
20    minor, indicating whether the minor has ever been
21    diagnosed with a health issue and if so what services were
22    provided and whether the minor was compliant with
23    services.
24        (F) Community based services that have been provided
25    to the minor, and whether the minor was compliant with the
26    services, and the reason the services were unsuccessful.

 

 

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1        (G) Services within the Department of Juvenile Justice
2    that will meet the individualized needs of the minor.
3    (1.5) Before the court commits a minor to the Department
4of Juvenile Justice, the court must find reasonable efforts
5have been made to prevent or eliminate the need for the minor
6to be removed from the home, or reasonable efforts cannot, at
7this time, for good cause, prevent or eliminate the need for
8removal, and removal from home is in the best interests of the
9minor, the minor's family, and the public.
10    (2) When a minor of the age of at least 13 years is
11adjudged delinquent for the offense of first degree murder,
12the court shall declare the minor a ward of the court and order
13the minor committed to the Department of Juvenile Justice
14until the minor's 21st birthday, without the possibility of
15aftercare release, furlough, or non-emergency authorized
16absence for a period of 5 years from the date the minor was
17committed to the Department of Juvenile Justice, except that
18the time that a minor spent in custody for the instant offense
19before being committed to the Department of Juvenile Justice
20shall be considered as time credited towards that 5 year
21period. Upon release from a Department facility, a minor
22adjudged delinquent for first degree murder shall be placed on
23aftercare release until the age of 21, unless sooner
24discharged from aftercare release or custodianship is
25otherwise terminated in accordance with this Act or as
26otherwise provided for by law. Nothing in this subsection (2)

 

 

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1shall preclude the State's Attorney from seeking to prosecute
2a minor as an adult as an alternative to proceeding under this
3Act.
4    (3) Except as provided in subsection (2), the commitment
5of a delinquent to the Department of Juvenile Justice shall be
6for an indeterminate term which shall automatically terminate
7upon the delinquent attaining the age of 21 years or upon
8completion of that period for which an adult could be
9committed for the same act, whichever occurs sooner, unless
10the delinquent is sooner discharged from aftercare release or
11custodianship is otherwise terminated in accordance with this
12Act or as otherwise provided for by law.
13    (3.1) After the closure of all juvenile detention centers
14in this State and the establishment of the rehabilitation
15program by the Department of Juvenile Justice under subsection
16(e) of Section 3-2.5-20 of the Unified Code of Corrections,
17every minor committed to the Department of Juvenile Justice
18must successfully complete a rehabilitation program
19established by the Department. The failure of the minor to
20successfully complete the program shall result in the minor
21remaining in custody of the Department of Juvenile Justice
22until the minor's 21st birthday.
23    (3.5) Every delinquent minor committed to the Department
24of Juvenile Justice under this Act shall be eligible for
25aftercare release without regard to the length of time the
26minor has been confined or whether the minor has served any

 

 

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1minimum term imposed. Aftercare release shall be administered
2by the Department of Juvenile Justice, under the direction of
3the Director. Unless sooner discharged, the Department of
4Juvenile Justice shall discharge a minor from aftercare
5release upon completion of the following aftercare release
6terms:
7        (a) One and a half years from the date a minor is
8    released from a Department facility, if the minor was
9    committed for a Class X felony;
10        (b) One year from the date a minor is released from a
11    Department facility, if the minor was committed for a
12    Class 1 or 2 felony; and
13        (c) Six months from the date a minor is released from a
14    Department facility, if the minor was committed for a
15    Class 3 felony or lesser offense.
16    (4) When the court commits a minor to the Department of
17Juvenile Justice, it shall order him or her conveyed forthwith
18to the appropriate reception station or other place designated
19by the Department of Juvenile Justice, and shall appoint the
20Director of Juvenile Justice legal custodian of the minor. The
21clerk of the court shall issue to the Director of Juvenile
22Justice a certified copy of the order, which constitutes proof
23of the Director's authority. No other process need issue to
24warrant the keeping of the minor.
25    (5) If a minor is committed to the Department of Juvenile
26Justice, the clerk of the court shall forward to the

 

 

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1Department:
2        (a) the sentencing order and copies of committing
3    petition;
4        (b) all reports;
5        (c) the court's statement of the basis for ordering
6    the disposition;
7        (d) any sex offender evaluations;
8        (e) any risk assessment or substance abuse treatment
9    eligibility screening and assessment of the minor by an
10    agent designated by the State to provide assessment
11    services for the courts;
12        (f) the number of days, if any, which the minor has
13    been in custody and for which he or she is entitled to
14    credit against the sentence, which information shall be
15    provided to the clerk by the sheriff;
16        (g) any medical or mental health records or summaries
17    of the minor;
18        (h) the municipality where the arrest of the minor
19    occurred, the commission of the offense occurred, and the
20    minor resided at the time of commission;
21        (h-5) a report detailing the minor's criminal history
22    in a manner and form prescribed by the Department of
23    Juvenile Justice;
24        (i) all additional matters which the court directs the
25    clerk to transmit; and
26        (j) all police reports for sex offenses as defined by

 

 

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1    the Sex Offender Management Board Act.
2    (6) Whenever the Department of Juvenile Justice lawfully
3discharges from its custody and control a minor committed to
4it, the Director of Juvenile Justice shall petition the court
5for an order terminating his or her custodianship. The
6custodianship shall terminate automatically 30 days after
7receipt of the petition unless the court orders otherwise.
8    (7) If, while on aftercare release, a minor committed to
9the Department of Juvenile Justice who resides in this State
10is charged under the criminal laws of this State, the criminal
11laws of any other state, or federal law with an offense that
12could result in a sentence of imprisonment within the
13Department of Corrections, the penal system of any state, or
14the federal Bureau of Prisons, the commitment to the
15Department of Juvenile Justice and all rights and duties
16created by that commitment are automatically suspended pending
17final disposition of the criminal charge. If the minor is
18found guilty of the criminal charge and sentenced to a term of
19imprisonment in the penitentiary system of the Department of
20Corrections, the penal system of any state, or the federal
21Bureau of Prisons, the commitment to the Department of
22Juvenile Justice shall be automatically terminated. If the
23criminal charge is dismissed, the minor is found not guilty,
24or the minor completes a criminal sentence other than
25imprisonment within the Department of Corrections, the penal
26system of any state, or the federal Bureau of Prisons, the

 

 

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1previously imposed commitment to the Department of Juvenile
2Justice and the full aftercare release term shall be
3automatically reinstated unless custodianship is sooner
4terminated. Nothing in this subsection (7) shall preclude the
5court from ordering another sentence under Section 5-710 of
6this Act or from terminating the Department's custodianship
7while the commitment to the Department is suspended.
8(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
 
9    (705 ILCS 405/5-7A-105)
10    Sec. 5-7A-105. Definitions. As used in this Article:
11    (a) "Approved electronic monitoring device" means a device
12approved by the supervising authority that is primarily
13intended to record or transmit information as to the minor's
14presence or nonpresence in the home. An approved electronic
15monitoring device may record or transmit: oral or wire
16communications or an auditory sound; visual images; or
17information regarding the minor's activities while inside the
18offender's home. These devices are subject to the required
19consent as set forth in Section 5-7A-125 of this Article. An
20approved electronic monitoring device may be used to record a
21conversation between the participant and the monitoring
22device, or the participant and the person supervising the
23participant solely for the purpose of identification and not
24for the purpose of eavesdropping or conducting any other
25illegally intrusive monitoring.

 

 

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1    (b) "Excluded offenses" means any act if committed by an
2adult would constitute first degree murder, escape, aggravated
3criminal sexual assault, criminal sexual assault, aggravated
4battery with a firearm, bringing or possessing a firearm,
5ammunition, or explosive in a penal institution, any "Super-X"
6drug offense or calculated criminal drug conspiracy or
7streetgang criminal drug conspiracy, or any predecessor or
8successor offenses with the same or substantially the same
9elements, or any inchoate offenses relating to the foregoing
10offenses.
11    (c) "Home detention" means the confinement of a minor
12adjudicated delinquent or subject to an adjudicatory hearing
13under Article V for an act that if committed by an adult would
14be an offense to his or her place of residence under the terms
15and conditions established by the supervising authority.
16    (d) "Participant" means a minor placed into an electronic
17monitoring program.
18    (e) "Supervising authority" means the Department of
19Juvenile Justice, probation supervisory authority, sheriff,
20superintendent of a juvenile detention center, or any other
21officer or agency charged with authorizing and supervising
22home detention.
23    (f) "Super-X drug offense" means a violation of clause
24(a)(1)(B), (C), or (D) of Section 401; clause (a)(2)(B), (C),
25or (D) of Section 401; clause (a)(3)(B), (C), or (D) of Section
26401; or clause (a)(7)(B), (C), or (D) of Section 401 of the

 

 

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1Illinois Controlled Substances Act.
2(Source: P.A. 96-293, eff. 1-1-10.)
 
3    Section 30. The Criminal Code of 2012 is amended by
4changing Section 12-2 as follows:
 
5    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
6    Sec. 12-2. Aggravated assault.
7    (a) Offense based on location of conduct. A person commits
8aggravated assault when he or she commits an assault against
9an individual who is on or about a public way, public property,
10a public place of accommodation or amusement, or a sports
11venue, or in a church, synagogue, mosque, or other building,
12structure, or place used for religious worship.
13    (b) Offense based on status of victim. A person commits
14aggravated assault when, in committing an assault, he or she
15knows the individual assaulted to be any of the following:
16        (1) A person with a physical disability or a person 60
17    years of age or older and the assault is without legal
18    justification.
19        (2) A teacher or school employee upon school grounds
20    or grounds adjacent to a school or in any part of a
21    building used for school purposes.
22        (3) A park district employee upon park grounds or
23    grounds adjacent to a park or in any part of a building
24    used for park purposes.

 

 

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1        (4) A community policing volunteer, private security
2    officer, or utility worker:
3            (i) performing his or her official duties;
4            (ii) assaulted to prevent performance of his or
5        her official duties; or
6            (iii) assaulted in retaliation for performing his
7        or her official duties.
8        (4.1) A peace officer, fireman, emergency management
9    worker, or emergency medical services personnel:
10            (i) performing his or her official duties;
11            (ii) assaulted to prevent performance of his or
12        her official duties; or
13            (iii) assaulted in retaliation for performing his
14        or her official duties.
15        (5) A correctional officer or probation officer:
16            (i) performing his or her official duties;
17            (ii) assaulted to prevent performance of his or
18        her official duties; or
19            (iii) assaulted in retaliation for performing his
20        or her official duties.
21        (6) A Department of Juvenile Justice correctional
22    institution employee, a county juvenile detention center
23    employee who provides direct and continuous supervision of
24    residents of a Department of Juvenile Justice juvenile
25    detention center, including a county juvenile detention
26    center employee who supervises recreational activity for

 

 

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1    residents of a juvenile detention center, or a Department
2    of Human Services employee, Department of Human Services
3    officer, or employee of a subcontractor of the Department
4    of Human Services supervising or controlling sexually
5    dangerous persons or sexually violent persons:
6            (i) performing his or her official duties;
7            (ii) assaulted to prevent performance of his or
8        her official duties; or
9            (iii) assaulted in retaliation for performing his
10        or her official duties.
11        (7) An employee of the State of Illinois, a municipal
12    corporation therein, or a political subdivision thereof,
13    performing his or her official duties.
14        (8) A transit employee performing his or her official
15    duties, or a transit passenger.
16        (9) A sports official or coach actively participating
17    in any level of athletic competition within a sports
18    venue, on an indoor playing field or outdoor playing
19    field, or within the immediate vicinity of such a facility
20    or field.
21        (10) A person authorized to serve process under
22    Section 2-202 of the Code of Civil Procedure or a special
23    process server appointed by the circuit court, while that
24    individual is in the performance of his or her duties as a
25    process server.
26    (c) Offense based on use of firearm, device, or motor

 

 

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1vehicle. A person commits aggravated assault when, in
2committing an assault, he or she does any of the following:
3        (1) Uses a deadly weapon, an air rifle as defined in
4    Section 24.8-0.1 of this Act, or any device manufactured
5    and designed to be substantially similar in appearance to
6    a firearm, other than by discharging a firearm.
7        (2) Discharges a firearm, other than from a motor
8    vehicle.
9        (3) Discharges a firearm from a motor vehicle.
10        (4) Wears a hood, robe, or mask to conceal his or her
11    identity.
12        (5) Knowingly and without lawful justification shines
13    or flashes a laser gun sight or other laser device
14    attached to a firearm, or used in concert with a firearm,
15    so that the laser beam strikes near or in the immediate
16    vicinity of any person.
17        (6) Uses a firearm, other than by discharging the
18    firearm, against a peace officer, community policing
19    volunteer, fireman, private security officer, emergency
20    management worker, emergency medical services personnel,
21    employee of a police department, employee of a sheriff's
22    department, or traffic control municipal employee:
23            (i) performing his or her official duties;
24            (ii) assaulted to prevent performance of his or
25        her official duties; or
26            (iii) assaulted in retaliation for performing his

 

 

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1        or her official duties.
2        (7) Without justification operates a motor vehicle in
3    a manner which places a person, other than a person listed
4    in subdivision (b)(4), in reasonable apprehension of being
5    struck by the moving motor vehicle.
6        (8) Without justification operates a motor vehicle in
7    a manner which places a person listed in subdivision
8    (b)(4), in reasonable apprehension of being struck by the
9    moving motor vehicle.
10        (9) Knowingly video or audio records the offense with
11    the intent to disseminate the recording.
12    (d) Sentence. Aggravated assault as defined in subdivision
13(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
14(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
15that aggravated assault as defined in subdivision (b)(4) and
16(b)(7) is a Class 4 felony if a Category I, Category II, or
17Category III weapon is used in the commission of the assault.
18Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
19(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
204 felony. Aggravated assault as defined in subdivision (c)(3)
21or (c)(8) is a Class 3 felony.
22    (e) For the purposes of this Section, "Category I weapon",
23"Category II weapon", and "Category III weapon" have the
24meanings ascribed to those terms in Section 33A-1 of this
25Code.
26(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
 

 

 

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1    Section 35. The Unified Code of Corrections is amended by
2changing Sections 3-2-2, 3-2.5-20, and 3-19-5 as follows:
 
3    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
4    Sec. 3-2-2. Powers and duties of the Department.
5    (1) In addition to the powers, duties, and
6responsibilities which are otherwise provided by law, the
7Department shall have the following powers:
8        (a) To accept persons committed to it by the courts of
9    this State for care, custody, treatment, and
10    rehabilitation, and to accept federal prisoners and
11    noncitizens over whom the Office of the Federal Detention
12    Trustee is authorized to exercise the federal detention
13    function for limited purposes and periods of time.
14        (b) To develop and maintain reception and evaluation
15    units for purposes of analyzing the custody and
16    rehabilitation needs of persons committed to it and to
17    assign such persons to institutions and programs under its
18    control or transfer them to other appropriate agencies. In
19    consultation with the Department of Alcoholism and
20    Substance Abuse (now the Department of Human Services),
21    the Department of Corrections shall develop a master plan
22    for the screening and evaluation of persons committed to
23    its custody who have alcohol or drug abuse problems, and
24    for making appropriate treatment available to such

 

 

SB2361- 28 -LRB103 28331 RLC 54710 b

1    persons; the Department shall report to the General
2    Assembly on such plan not later than April 1, 1987. The
3    maintenance and implementation of such plan shall be
4    contingent upon the availability of funds.
5        (b-1) To create and implement, on January 1, 2002, a
6    pilot program to establish the effectiveness of
7    pupillometer technology (the measurement of the pupil's
8    reaction to light) as an alternative to a urine test for
9    purposes of screening and evaluating persons committed to
10    its custody who have alcohol or drug problems. The pilot
11    program shall require the pupillometer technology to be
12    used in at least one Department of Corrections facility.
13    The Director may expand the pilot program to include an
14    additional facility or facilities as he or she deems
15    appropriate. A minimum of 4,000 tests shall be included in
16    the pilot program. The Department must report to the
17    General Assembly on the effectiveness of the program by
18    January 1, 2003.
19        (b-5) To develop, in consultation with the Illinois
20    State Police, a program for tracking and evaluating each
21    inmate from commitment through release for recording his
22    or her gang affiliations, activities, or ranks.
23        (c) To maintain and administer all State correctional
24    institutions and facilities under its control and to
25    establish new ones as needed. Pursuant to its power to
26    establish new institutions and facilities, the Department

 

 

SB2361- 29 -LRB103 28331 RLC 54710 b

1    may, with the written approval of the Governor, authorize
2    the Department of Central Management Services to enter
3    into an agreement of the type described in subsection (d)
4    of Section 405-300 of the Department of Central Management
5    Services Law. The Department shall designate those
6    institutions which shall constitute the State Penitentiary
7    System. The Department of Juvenile Justice shall maintain
8    and administer all State youth centers pursuant to
9    subsection (d) of Section 3-2.5-20.
10        Pursuant to its power to establish new institutions
11    and facilities, the Department may authorize the
12    Department of Central Management Services to accept bids
13    from counties and municipalities for the construction,
14    remodeling, or conversion of a structure to be leased to
15    the Department of Corrections for the purposes of its
16    serving as a correctional institution or facility. Such
17    construction, remodeling, or conversion may be financed
18    with revenue bonds issued pursuant to the Industrial
19    Building Revenue Bond Act by the municipality or county.
20    The lease specified in a bid shall be for a term of not
21    less than the time needed to retire any revenue bonds used
22    to finance the project, but not to exceed 40 years. The
23    lease may grant to the State the option to purchase the
24    structure outright.
25        Upon receipt of the bids, the Department may certify
26    one or more of the bids and shall submit any such bids to

 

 

SB2361- 30 -LRB103 28331 RLC 54710 b

1    the General Assembly for approval. Upon approval of a bid
2    by a constitutional majority of both houses of the General
3    Assembly, pursuant to joint resolution, the Department of
4    Central Management Services may enter into an agreement
5    with the county or municipality pursuant to such bid.
6        (c-5) (Blank). To build and maintain regional juvenile
7    detention centers and to charge a per diem to the counties
8    as established by the Department to defray the costs of
9    housing each minor in a center. In this subsection (c-5),
10    "juvenile detention center" means a facility to house
11    minors during pendency of trial who have been transferred
12    from proceedings under the Juvenile Court Act of 1987 to
13    prosecutions under the criminal laws of this State in
14    accordance with Section 5-805 of the Juvenile Court Act of
15    1987, whether the transfer was by operation of law or
16    permissive under that Section. The Department shall
17    designate the counties to be served by each regional
18    juvenile detention center.
19        (d) To develop and maintain programs of control,
20    rehabilitation, and employment of committed persons within
21    its institutions.
22        (d-5) To provide a pre-release job preparation program
23    for inmates at Illinois adult correctional centers.
24        (d-10) To provide educational and visitation
25    opportunities to committed persons within its institutions
26    through temporary access to content-controlled tablets

 

 

SB2361- 31 -LRB103 28331 RLC 54710 b

1    that may be provided as a privilege to committed persons
2    to induce or reward compliance.
3        (e) To establish a system of supervision and guidance
4    of committed persons in the community.
5        (f) To establish in cooperation with the Department of
6    Transportation to supply a sufficient number of prisoners
7    for use by the Department of Transportation to clean up
8    the trash and garbage along State, county, township, or
9    municipal highways as designated by the Department of
10    Transportation. The Department of Corrections, at the
11    request of the Department of Transportation, shall furnish
12    such prisoners at least annually for a period to be agreed
13    upon between the Director of Corrections and the Secretary
14    of Transportation. The prisoners used on this program
15    shall be selected by the Director of Corrections on
16    whatever basis he deems proper in consideration of their
17    term, behavior and earned eligibility to participate in
18    such program - where they will be outside of the prison
19    facility but still in the custody of the Department of
20    Corrections. Prisoners convicted of first degree murder,
21    or a Class X felony, or armed violence, or aggravated
22    kidnapping, or criminal sexual assault, aggravated
23    criminal sexual abuse or a subsequent conviction for
24    criminal sexual abuse, or forcible detention, or arson, or
25    a prisoner adjudged a Habitual Criminal shall not be
26    eligible for selection to participate in such program. The

 

 

SB2361- 32 -LRB103 28331 RLC 54710 b

1    prisoners shall remain as prisoners in the custody of the
2    Department of Corrections and such Department shall
3    furnish whatever security is necessary. The Department of
4    Transportation shall furnish trucks and equipment for the
5    highway cleanup program and personnel to supervise and
6    direct the program. Neither the Department of Corrections
7    nor the Department of Transportation shall replace any
8    regular employee with a prisoner.
9        (g) To maintain records of persons committed to it and
10    to establish programs of research, statistics, and
11    planning.
12        (h) To investigate the grievances of any person
13    committed to the Department and to inquire into any
14    alleged misconduct by employees or committed persons; and
15    for these purposes it may issue subpoenas and compel the
16    attendance of witnesses and the production of writings and
17    papers, and may examine under oath any witnesses who may
18    appear before it; to also investigate alleged violations
19    of a parolee's or releasee's conditions of parole or
20    release; and for this purpose it may issue subpoenas and
21    compel the attendance of witnesses and the production of
22    documents only if there is reason to believe that such
23    procedures would provide evidence that such violations
24    have occurred.
25        If any person fails to obey a subpoena issued under
26    this subsection, the Director may apply to any circuit

 

 

SB2361- 33 -LRB103 28331 RLC 54710 b

1    court to secure compliance with the subpoena. The failure
2    to comply with the order of the court issued in response
3    thereto shall be punishable as contempt of court.
4        (i) To appoint and remove the chief administrative
5    officers, and administer programs of training and
6    development of personnel of the Department. Personnel
7    assigned by the Department to be responsible for the
8    custody and control of committed persons or to investigate
9    the alleged misconduct of committed persons or employees
10    or alleged violations of a parolee's or releasee's
11    conditions of parole shall be conservators of the peace
12    for those purposes, and shall have the full power of peace
13    officers outside of the facilities of the Department in
14    the protection, arrest, retaking, and reconfining of
15    committed persons or where the exercise of such power is
16    necessary to the investigation of such misconduct or
17    violations. This subsection shall not apply to persons
18    committed to the Department of Juvenile Justice under the
19    Juvenile Court Act of 1987 on aftercare release.
20        (j) To cooperate with other departments and agencies
21    and with local communities for the development of
22    standards and programs for better correctional services in
23    this State.
24        (k) To administer all moneys and properties of the
25    Department.
26        (l) To report annually to the Governor on the

 

 

SB2361- 34 -LRB103 28331 RLC 54710 b

1    committed persons, institutions, and programs of the
2    Department.
3        (l-5) (Blank).
4        (m) To make all rules and regulations and exercise all
5    powers and duties vested by law in the Department.
6        (n) To establish rules and regulations for
7    administering a system of sentence credits, established in
8    accordance with Section 3-6-3, subject to review by the
9    Prisoner Review Board.
10        (o) To administer the distribution of funds from the
11    State Treasury to reimburse counties where State penal
12    institutions are located for the payment of assistant
13    state's attorneys' salaries under Section 4-2001 of the
14    Counties Code.
15        (p) To exchange information with the Department of
16    Human Services and the Department of Healthcare and Family
17    Services for the purpose of verifying living arrangements
18    and for other purposes directly connected with the
19    administration of this Code and the Illinois Public Aid
20    Code.
21        (q) To establish a diversion program.
22        The program shall provide a structured environment for
23    selected technical parole or mandatory supervised release
24    violators and committed persons who have violated the
25    rules governing their conduct while in work release. This
26    program shall not apply to those persons who have

 

 

SB2361- 35 -LRB103 28331 RLC 54710 b

1    committed a new offense while serving on parole or
2    mandatory supervised release or while committed to work
3    release.
4        Elements of the program shall include, but shall not
5    be limited to, the following:
6            (1) The staff of a diversion facility shall
7        provide supervision in accordance with required
8        objectives set by the facility.
9            (2) Participants shall be required to maintain
10        employment.
11            (3) Each participant shall pay for room and board
12        at the facility on a sliding-scale basis according to
13        the participant's income.
14            (4) Each participant shall:
15                (A) provide restitution to victims in
16            accordance with any court order;
17                (B) provide financial support to his
18            dependents; and
19                (C) make appropriate payments toward any other
20            court-ordered obligations.
21            (5) Each participant shall complete community
22        service in addition to employment.
23            (6) Participants shall take part in such
24        counseling, educational, and other programs as the
25        Department may deem appropriate.
26            (7) Participants shall submit to drug and alcohol

 

 

SB2361- 36 -LRB103 28331 RLC 54710 b

1        screening.
2            (8) The Department shall promulgate rules
3        governing the administration of the program.
4        (r) To enter into intergovernmental cooperation
5    agreements under which persons in the custody of the
6    Department may participate in a county impact
7    incarceration program established under Section 3-6038 or
8    3-15003.5 of the Counties Code.
9        (r-5) (Blank).
10        (r-10) To systematically and routinely identify with
11    respect to each streetgang active within the correctional
12    system: (1) each active gang; (2) every existing
13    inter-gang affiliation or alliance; and (3) the current
14    leaders in each gang. The Department shall promptly
15    segregate leaders from inmates who belong to their gangs
16    and allied gangs. "Segregate" means no physical contact
17    and, to the extent possible under the conditions and space
18    available at the correctional facility, prohibition of
19    visual and sound communication. For the purposes of this
20    paragraph (r-10), "leaders" means persons who:
21            (i) are members of a criminal streetgang;
22            (ii) with respect to other individuals within the
23        streetgang, occupy a position of organizer,
24        supervisor, or other position of management or
25        leadership; and
26            (iii) are actively and personally engaged in

 

 

SB2361- 37 -LRB103 28331 RLC 54710 b

1        directing, ordering, authorizing, or requesting
2        commission of criminal acts by others, which are
3        punishable as a felony, in furtherance of streetgang
4        related activity both within and outside of the
5        Department of Corrections.
6    "Streetgang", "gang", and "streetgang related" have the
7    meanings ascribed to them in Section 10 of the Illinois
8    Streetgang Terrorism Omnibus Prevention Act.
9        (s) To operate a super-maximum security institution,
10    in order to manage and supervise inmates who are
11    disruptive or dangerous and provide for the safety and
12    security of the staff and the other inmates.
13        (t) To monitor any unprivileged conversation or any
14    unprivileged communication, whether in person or by mail,
15    telephone, or other means, between an inmate who, before
16    commitment to the Department, was a member of an organized
17    gang and any other person without the need to show cause or
18    satisfy any other requirement of law before beginning the
19    monitoring, except as constitutionally required. The
20    monitoring may be by video, voice, or other method of
21    recording or by any other means. As used in this
22    subdivision (1)(t), "organized gang" has the meaning
23    ascribed to it in Section 10 of the Illinois Streetgang
24    Terrorism Omnibus Prevention Act.
25        As used in this subdivision (1)(t), "unprivileged
26    conversation" or "unprivileged communication" means a

 

 

SB2361- 38 -LRB103 28331 RLC 54710 b

1    conversation or communication that is not protected by any
2    privilege recognized by law or by decision, rule, or order
3    of the Illinois Supreme Court.
4        (u) To establish a Women's and Children's Pre-release
5    Community Supervision Program for the purpose of providing
6    housing and services to eligible female inmates, as
7    determined by the Department, and their newborn and young
8    children.
9        (u-5) To issue an order, whenever a person committed
10    to the Department absconds or absents himself or herself,
11    without authority to do so, from any facility or program
12    to which he or she is assigned. The order shall be
13    certified by the Director, the Supervisor of the
14    Apprehension Unit, or any person duly designated by the
15    Director, with the seal of the Department affixed. The
16    order shall be directed to all sheriffs, coroners, and
17    police officers, or to any particular person named in the
18    order. Any order issued pursuant to this subdivision
19    (1)(u-5) shall be sufficient warrant for the officer or
20    person named in the order to arrest and deliver the
21    committed person to the proper correctional officials and
22    shall be executed the same as criminal process.
23        (u-6) To appoint a point of contact person who shall
24    receive suggestions, complaints, or other requests to the
25    Department from visitors to Department institutions or
26    facilities and from other members of the public.

 

 

SB2361- 39 -LRB103 28331 RLC 54710 b

1        (v) To do all other acts necessary to carry out the
2    provisions of this Chapter.
3    (2) The Department of Corrections shall by January 1,
41998, consider building and operating a correctional facility
5within 100 miles of a county of over 2,000,000 inhabitants,
6especially a facility designed to house juvenile participants
7in the impact incarceration program.
8    (3) When the Department lets bids for contracts for
9medical services to be provided to persons committed to
10Department facilities by a health maintenance organization,
11medical service corporation, or other health care provider,
12the bid may only be let to a health care provider that has
13obtained an irrevocable letter of credit or performance bond
14issued by a company whose bonds have an investment grade or
15higher rating by a bond rating organization.
16    (4) When the Department lets bids for contracts for food
17or commissary services to be provided to Department
18facilities, the bid may only be let to a food or commissary
19services provider that has obtained an irrevocable letter of
20credit or performance bond issued by a company whose bonds
21have an investment grade or higher rating by a bond rating
22organization.
23    (5) On and after the date 6 months after August 16, 2013
24(the effective date of Public Act 98-488), as provided in the
25Executive Order 1 (2012) Implementation Act, all of the
26powers, duties, rights, and responsibilities related to State

 

 

SB2361- 40 -LRB103 28331 RLC 54710 b

1healthcare purchasing under this Code that were transferred
2from the Department of Corrections to the Department of
3Healthcare and Family Services by Executive Order 3 (2005) are
4transferred back to the Department of Corrections; however,
5powers, duties, rights, and responsibilities related to State
6healthcare purchasing under this Code that were exercised by
7the Department of Corrections before the effective date of
8Executive Order 3 (2005) but that pertain to individuals
9resident in facilities operated by the Department of Juvenile
10Justice are transferred to the Department of Juvenile Justice.
11(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
12102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff.
135-13-22; 102-1030, eff. 5-27-22.)
 
14    (730 ILCS 5/3-2.5-20)
15    Sec. 3-2.5-20. General powers and duties.
16    (a) In addition to the powers, duties, and
17responsibilities which are otherwise provided by law or
18transferred to the Department as a result of this Article, the
19Department, as determined by the Director, shall have, but is
20not limited to, the following rights, powers, functions, and
21duties:
22        (1) To accept juveniles committed to it by the courts
23    of this State for care, custody, treatment, and
24    rehabilitation.
25        (2) To maintain and administer all State juvenile

 

 

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1    youth centers previously under the control of the Juvenile
2    and Women's & Children Divisions of the Department of
3    Corrections, and to establish and maintain youth centers
4    as needed to meet the needs of the youth committed to its
5    care.
6        (3) To identify the need for and recommend the funding
7    and implementation of an appropriate mix of programs and
8    services within the juvenile justice continuum, including,
9    but not limited to, prevention, nonresidential and
10    residential commitment programs, day treatment, and
11    conditional release programs and services, with the
12    support of educational, vocational, alcohol, drug abuse,
13    and mental health services where appropriate.
14        (3.5) To assist youth committed to the Department of
15    Juvenile Justice under the Juvenile Court Act of 1987 with
16    successful reintegration into society, the Department
17    shall retain custody and control of all adjudicated
18    delinquent juveniles released under Section 3-2.5-85 or
19    3-3-10 of this Code, shall provide a continuum of
20    post-release treatment and services to those youth, and
21    shall supervise those youth during their release period in
22    accordance with the conditions set by the Department or
23    the Prisoner Review Board.
24        (4) To establish and provide transitional and
25    post-release treatment programs for juveniles committed to
26    the Department. Services shall include, but are not

 

 

SB2361- 42 -LRB103 28331 RLC 54710 b

1    limited to:
2            (i) family and individual counseling and treatment
3        placement;
4            (ii) referral services to any other State or local
5        agencies;
6            (iii) mental health services;
7            (iv) educational services;
8            (v) family counseling services; and
9            (vi) substance abuse services.
10        (5) To access vital records of juveniles for the
11    purposes of providing necessary documentation for
12    transitional services such as obtaining identification,
13    educational enrollment, employment, and housing.
14        (6) To develop staffing and workload standards and
15    coordinate staff development and training appropriate for
16    juvenile populations.
17        (6.5) To develop policies and procedures promoting
18    family engagement and visitation appropriate for juvenile
19    populations.
20        (7) To develop, with the approval of the Office of the
21    Governor and the Governor's Office of Management and
22    Budget, annual budget requests.
23        (8) To administer the Interstate Compact for
24    Juveniles, with respect to all juveniles under its
25    jurisdiction, and to cooperate with the Department of
26    Human Services with regard to all non-offender juveniles

 

 

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1    subject to the Interstate Compact for Juveniles.
2        (9) To decide the date of release on aftercare for
3    youth committed to the Department under Section 5-750 of
4    the Juvenile Court Act of 1987.
5        (10) To set conditions of aftercare release for all
6    youth committed to the Department under the Juvenile Court
7    Act of 1987.
8    (b) The Department may employ personnel in accordance with
9the Personnel Code and Section 3-2.5-15 of this Code, provide
10facilities, contract for goods and services, and adopt rules
11as necessary to carry out its functions and purposes, all in
12accordance with applicable State and federal law.
13    (c) On and after the date 6 months after August 16, 2013
14(the effective date of Public Act 98-488), as provided in the
15Executive Order 1 (2012) Implementation Act, all of the
16powers, duties, rights, and responsibilities related to State
17healthcare purchasing under this Code that were transferred
18from the Department of Corrections to the Department of
19Healthcare and Family Services by Executive Order 3 (2005) are
20transferred back to the Department of Corrections; however,
21powers, duties, rights, and responsibilities related to State
22healthcare purchasing under this Code that were exercised by
23the Department of Corrections before the effective date of
24Executive Order 3 (2005) but that pertain to individuals
25resident in facilities operated by the Department of Juvenile
26Justice are transferred to the Department of Juvenile Justice.

 

 

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1    (d) To maintain and administer all State youth centers and
2facilities under its control and to establish new ones as
3needed. Pursuant to its power to establish new youth centers
4and facilities, the Department may, with the written approval
5of the Governor, authorize the Department of Central
6Management Services to enter into an agreement of the type
7described in subsection (d) of Section 405-300 of the
8Department of Central Management Services Law. The Department
9shall designate those institutions which shall constitute the
10Youth Corrections System.
11    Pursuant to its power to establish new institutions and
12facilities, the Department may authorize the Department of
13Central Management Services to accept bids from counties and
14municipalities for the construction, remodeling or conversion
15of a structure to be leased to the Department of Juvenile
16Justice for the purposes of its serving as a youth center or
17facility. Such construction, remodeling or conversion may be
18financed with revenue bonds issued pursuant to the Industrial
19Building Revenue Bond Act by the municipality or county. The
20lease specified in a bid shall be for a term of not less than
21the time needed to retire any revenue bonds used to finance the
22project, but not to exceed 40 years. The lease may grant to the
23State the option to purchase the structure outright.
24    Upon receipt of the bids, the Department may certify one
25or more of the bids and shall submit any such bids to the
26General Assembly for approval. Upon approval of a bid by a

 

 

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1constitutional majority of both houses of the General
2Assembly, pursuant to joint resolution, the Department of
3Central Management Services may enter into an agreement with
4the county or municipality pursuant to such bid.
5    (e) Two years after the effective date of this amendatory
6Act of the 103rd General Assembly, the Department of Juvenile
7Justice shall exercise control and supervision of all county
8detention centers in this State. The Department of Juvenile
9Justice shall adopt rules to close all juvenile detention
10centers in this State and shall establish a rehabilitation
11program for minors adjudicated delinquent which must be
12completed before the completion of their sentence.
13(Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21;
14102-558, eff. 8-20-21.)
 
15    (730 ILCS 5/3-19-5)
16    Sec. 3-19-5. Methamphetamine abusers pilot program; the
17Department of Juvenile Justice Franklin County Juvenile
18Detention Center.
19    (a) There is created the Methamphetamine Abusers Pilot
20Program at the Department of Juvenile Justice Franklin County
21Juvenile Detention Center located in Franklin County. The
22Program shall be established upon adoption of a resolution or
23ordinance by the Franklin County Board and with the consent of
24the Secretary of Human Services.
25    (b) A person convicted of the unlawful possession of

 

 

SB2361- 46 -LRB103 28331 RLC 54710 b

1methamphetamine under Section 60 of the Methamphetamine
2Control and Community Protection Act, after an assessment by a
3designated program licensed under the Substance Use Disorder
4Act that the person has a substance use disorder as defined in
5the Substance Use Disorder Act and may benefit from treatment
6for his or her substance use disorder, may be ordered by the
7court to be committed to the Program established under this
8Section.
9    (c) The Program shall consist of medical and psychiatric
10treatment for the substance use disorder for a period of at
11least 90 days and not to exceed 180 days. A treatment plan for
12each person participating in the Program shall be approved by
13the court in consultation with the Department of Human
14Services. The Secretary of Human Services shall appoint a
15Program Administrator to operate the Program who shall be
16licensed to provide residential treatment for substance use
17disorders.
18    (d) Persons committed to the Program who are 17 years of
19age or older shall be separated from minors under 17 years of
20age who are detained in the Department of Juvenile Justice
21Juvenile Detention Center and there shall be no contact
22between them.
23    (e) Upon the establishment of the Pilot Program, the
24Secretary of Human Services shall inform the chief judge of
25each judicial circuit of this State of the existence of the
26Program and its date of termination.

 

 

SB2361- 47 -LRB103 28331 RLC 54710 b

1    (f) The Secretary of Human Services, after consultation
2with the Program Administrator, shall determine the
3effectiveness of the Program in rehabilitating persons with
4substance use disorders committed to the Program. The
5Secretary shall prepare a report based on his or her
6assessment of the effectiveness of the Program and shall
7submit the report to the Governor and General Assembly within
8one year after January 1, 2006 (the effective date of Public
9Act 94-549) and each year thereafter that the Program
10continues operation.
11(Source: P.A. 100-759, eff. 1-1-19.)
 
12    Section 99. Effective date. This Act takes effect 2 years
13after becoming law, except that this Section and the
14amendatory changes to Section 3-2.5-20 of the Unified Code of
15Corrections Act take effect upon becoming law.