Full Text of HB4781 98th General Assembly
HB4781enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning corrections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. The School Code is amended by changing Section | 5 | | 13-45 as follows:
| 6 | | (105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
| 7 | | Sec. 13-45.
Other provisions of this Code shall not apply | 8 | | to the Department of Juvenile Justice School District being all | 9 | | of the following Articles and
Sections: Articles 3, 3A, 4, 5, | 10 | | 6, 7, 8, and 9, those Sections sections of Article 10 in | 11 | | conflict with
any provisions of Sections 13-40 through 13-45, | 12 | | and Articles 11, 12, 15,
17, 18, 19, 19A, 20, 22, 24, 24A, 26, | 13 | | 31, 32, 33, and 34. Also Article 28 shall
not apply except that | 14 | | this School District may use any funds available from
State, | 15 | | Federal and other funds for the purchase of textbooks, | 16 | | apparatus and
equipment.
| 17 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 18 | | Section 5. The Unified Code of Corrections is amended by | 19 | | changing Sections 3-2.5-15 and 3-10-2 as follows: | 20 | | (730 ILCS 5/3-2.5-15) | 21 | | (Text of Section after amendment by P.A. 98-528 ) |
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| 1 | | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | 2 | | of duties of the Juvenile Division. | 3 | | (a) The Department of Juvenile Justice shall assume the | 4 | | rights, powers, duties, and responsibilities of the Juvenile | 5 | | Division of the Department of Corrections. Personnel, books, | 6 | | records, property, and unencumbered appropriations pertaining | 7 | | to the Juvenile Division of the Department of Corrections shall | 8 | | be transferred to the Department of Juvenile Justice on the | 9 | | effective date of this amendatory Act of the 94th General | 10 | | Assembly. Any rights of employees or the State under the | 11 | | Personnel Code or any other contract or plan shall be | 12 | | unaffected by this transfer. | 13 | | (b) Department of Juvenile Justice personnel who are hired | 14 | | by the Department on or after the effective date of this | 15 | | amendatory Act of the 94th General Assembly and who participate | 16 | | or assist in the rehabilitative and vocational training of | 17 | | delinquent youths, supervise the daily activities involving | 18 | | direct and continuing responsibility for the youth's security, | 19 | | welfare and development, or participate in the personal | 20 | | rehabilitation of delinquent youth by training, supervising, | 21 | | and assisting lower level personnel who perform these duties | 22 | | must be over the age of 21 and have a bachelor's or advanced | 23 | | degree from an accredited college or university with a | 24 | | specialization in criminal justice, education, psychology, | 25 | | social work, or a closely related social science or other | 26 | | bachelor's or advanced degree with at least 2 years experience |
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| 1 | | in the field of juvenile matters . This requirement shall not | 2 | | apply to security, clerical, food service, and maintenance | 3 | | staff that do not have direct and regular contact with youth. | 4 | | The degree requirements specified in this subsection (b) are | 5 | | not required of persons who provide vocational training and who | 6 | | have adequate knowledge in the skill for which they are | 7 | | providing the vocational training. | 8 | | (c) Subsection (b) of this Section does not apply to | 9 | | personnel transferred to the Department of Juvenile Justice on | 10 | | the effective date of this amendatory Act of the 94th General | 11 | | Assembly. | 12 | | (d) The Department shall be under the direction of the | 13 | | Director of Juvenile Justice as provided in this Code. | 14 | | (e) The Director shall organize divisions within the | 15 | | Department and shall assign functions, powers, duties, and | 16 | | personnel as required by law. The Director may create other | 17 | | divisions and may assign other functions, powers, duties, and | 18 | | personnel as may be necessary or desirable to carry out the | 19 | | functions and responsibilities vested by law in the Department. | 20 | | The Director may, with the approval of the Office of the | 21 | | Governor, assign to and share functions, powers, duties, and | 22 | | personnel with other State agencies such that administrative | 23 | | services and administrative facilities are provided by a shared | 24 | | administrative service center. Where possible, shared services | 25 | | which impact youth should be done with child-serving agencies. | 26 | | These administrative services may include, but are not limited |
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| 1 | | to, all of the following functions: budgeting, accounting | 2 | | related functions, auditing, human resources, legal, | 3 | | procurement, training, data collection and analysis, | 4 | | information technology, internal investigations, intelligence, | 5 | | legislative services, emergency response capability, statewide | 6 | | transportation services, and general office support. | 7 | | (f) The Department of Juvenile Justice may enter into | 8 | | intergovernmental cooperation agreements under which minors | 9 | | adjudicated delinquent and committed to the Department of | 10 | | Juvenile Justice may participate in county juvenile impact | 11 | | incarceration programs established under Section 3-6039 of the | 12 | | Counties Code.
| 13 | | (g) The Department of Juvenile Justice must comply with the | 14 | | ethnic and racial background data collection procedures | 15 | | provided in Section 4.5 of the Criminal Identification Act. | 16 | | (Source: P.A. 98-528, eff. 1-1-15.)
| 17 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 18 | | Sec. 3-10-2. Examination of Persons Committed to the | 19 | | Department of Juvenile Justice.
| 20 | | (a) A person committed to the Department of Juvenile | 21 | | Justice shall be examined in
regard to his medical, | 22 | | psychological, social, educational and vocational
condition | 23 | | and history, including the use of alcohol and other drugs,
the | 24 | | circumstances of his offense and any other
information as the | 25 | | Department of Juvenile Justice may determine.
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| 1 | | (a-5) Upon admission of a person committed to the | 2 | | Department of Juvenile Justice, the Department of Juvenile | 3 | | Justice must provide the person with appropriate information | 4 | | concerning HIV and AIDS in writing, verbally, or by video or | 5 | | other electronic means. The Department of Juvenile Justice | 6 | | shall develop the informational materials in consultation with | 7 | | the Department of Public Health. At the same time, the | 8 | | Department of Juvenile Justice also must offer the person the | 9 | | option of being tested, at no charge to the person, for | 10 | | infection with human immunodeficiency virus (HIV). Pre-test | 11 | | information shall be provided to the committed person and | 12 | | informed consent obtained as required in subsection (d) of | 13 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 14 | | Department of Juvenile Justice may conduct opt-out HIV testing | 15 | | as defined in Section 4 of the AIDS Confidentiality Act. If the | 16 | | Department conducts opt-out HIV testing, the Department shall | 17 | | place signs in English, Spanish and other languages as needed | 18 | | in multiple, highly visible locations in the area where HIV | 19 | | testing is conducted informing inmates that they will be tested | 20 | | for HIV unless they refuse, and refusal or acceptance of | 21 | | testing shall be documented in the inmate's medical record. The | 22 | | Department shall follow procedures established by the | 23 | | Department of Public Health to conduct HIV testing and testing | 24 | | to confirm positive HIV test results. All testing must be | 25 | | conducted by medical personnel, but pre-test and other | 26 | | information may be provided by committed persons who have |
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| 1 | | received appropriate training. The Department, in conjunction | 2 | | with the Department of Public Health, shall develop a plan that | 3 | | complies with the AIDS Confidentiality Act to deliver | 4 | | confidentially all positive or negative HIV test results to | 5 | | inmates or former inmates. Nothing in this Section shall | 6 | | require the Department to offer HIV testing to an inmate who is | 7 | | known to be infected with HIV, or who has been tested for HIV | 8 | | within the previous 180 days and whose documented HIV test | 9 | | result is available to the Department electronically. The
| 10 | | testing provided under this subsection (a-5) shall consist of a | 11 | | test approved by the Illinois Department of Public Health to | 12 | | determine the presence of HIV infection, based upon | 13 | | recommendations of the United States Centers for Disease | 14 | | Control and Prevention. If the test result is positive, a | 15 | | reliable supplemental test based upon recommendations of the | 16 | | United States Centers for Disease Control and Prevention shall | 17 | | be
administered. | 18 | | Also upon admission of a person committed to the Department | 19 | | of Juvenile Justice, the Department of Juvenile Justice must | 20 | | inform the person of the Department's obligation to provide the | 21 | | person with medical care.
| 22 | | (b) Based on its examination, the Department of Juvenile | 23 | | Justice may exercise the following
powers in developing a | 24 | | treatment program of any person committed to the Department of | 25 | | Juvenile Justice:
| 26 | | (1) Require participation by him in vocational, |
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| 1 | | physical, educational
and corrective training and | 2 | | activities to return him to the community.
| 3 | | (2) Place him in any institution or facility of the | 4 | | Department of Juvenile Justice.
| 5 | | (3) Order replacement or referral to the Parole and | 6 | | Pardon Board as
often as it deems desirable. The Department | 7 | | of Juvenile Justice shall refer the person to the
Parole | 8 | | and Pardon Board as required under Section 3-3-4.
| 9 | | (4) Enter into agreements with the Secretary of Human | 10 | | Services and
the Director of Children and Family
Services, | 11 | | with courts having probation officers, and with private | 12 | | agencies
or institutions for separate care or special | 13 | | treatment of persons subject
to the control of the | 14 | | Department of Juvenile Justice.
| 15 | | (c) The Department of Juvenile Justice shall make periodic | 16 | | reexamination of all persons
under the control of the | 17 | | Department of Juvenile Justice to determine whether existing
| 18 | | orders in individual cases should be modified or continued. | 19 | | This
examination shall be made with respect to every person at | 20 | | least once
annually.
| 21 | | (d) A record of the treatment decision including any | 22 | | modification
thereof and the reason therefor, shall be part of | 23 | | the committed person's
master record file.
| 24 | | (e) The Department of Juvenile Justice shall by certified | 25 | | mail and telephone or electronic message , return receipt | 26 | | requested,
notify the parent, guardian or nearest relative of |
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| 1 | | any person committed to
the Department of Juvenile Justice of | 2 | | his or her physical location and any change thereof.
| 3 | | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | 4 | | 97-813, eff. 7-13-12.)
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