Illinois General Assembly - Full Text of HB3704
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Full Text of HB3704  101st General Assembly




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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-2.5-20 and 3-6-1 as follows:
6    (730 ILCS 5/3-2.5-20)
7    Sec. 3-2.5-20. General powers and duties.
8    (a) In addition to the powers, duties, and responsibilities
9which are otherwise provided by law or transferred to the
10Department as a result of this Article, the Department, as
11determined by the Director, shall have, but are not limited to,
12the following rights, powers, functions and duties:
13        (1) To accept juveniles committed to it by the courts
14    of this State for care, custody, treatment, and
15    rehabilitation.
16        (2) To maintain and administer all State juvenile
17    correctional institutions previously under the control of
18    the Juvenile and Women's & Children Divisions of the
19    Department of Corrections, and to establish and maintain
20    institutions as needed to meet the needs of the youth
21    committed to its care.
22        (3) To identify the need for and recommend the funding
23    and implementation of an appropriate mix of programs and



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1    services within the juvenile justice continuum, including
2    but not limited to prevention, nonresidential and
3    residential commitment programs, day treatment, and
4    conditional release programs and services, with the
5    support of educational, vocational, alcohol, drug abuse,
6    and mental health services where appropriate.
7        (3.5) To assist youth committed to the Department of
8    Juvenile Justice under the Juvenile Court Act of 1987 with
9    successful reintegration into society, the Department
10    shall retain custody and control of all adjudicated
11    delinquent juveniles released under Section 3-2.5-85 or
12    3-3-10 of this Code, shall provide a continuum of
13    post-release treatment and services to those youth, and
14    shall supervise those youth during their release period in
15    accordance with the conditions set by the Department or the
16    Prisoner Review Board.
17        (4) To establish and provide transitional and
18    post-release treatment programs for juveniles committed to
19    the Department. Services shall include but are not limited
20    to:
21            (i) family and individual counseling and treatment
22        placement;
23            (ii) referral services to any other State or local
24        agencies;
25            (iii) mental health services;
26            (iv) educational services;



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1            (v) family counseling services; and
2            (vi) substance abuse services.
3        (5) To access vital records of juveniles for the
4    purposes of providing necessary documentation for
5    transitional services such as obtaining identification,
6    educational enrollment, employment, and housing.
7        (6) To develop staffing and workload standards and
8    coordinate staff development and training appropriate for
9    juvenile populations.
10        (6.5) To develop policies and procedures promoting
11    family engagement and visitation appropriate for juvenile
12    populations.
13        (7) To develop, with the approval of the Office of the
14    Governor and the Governor's Office of Management and
15    Budget, annual budget requests.
16        (8) To administer the Interstate Compact for
17    Juveniles, with respect to all juveniles under its
18    jurisdiction, and to cooperate with the Department of Human
19    Services with regard to all non-offender juveniles subject
20    to the Interstate Compact for Juveniles.
21        (9) To decide the date of release on aftercare for
22    youth committed to the Department under Section 5-750 of
23    the Juvenile Court Act of 1987.
24        (10) To set conditions of aftercare release for all
25    youth committed to the Department under the Juvenile Court
26    Act of 1987.



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1    (b) The Department may employ personnel in accordance with
2the Personnel Code and Section 3-2.5-15 of this Code, provide
3facilities, contract for goods and services, and adopt rules as
4necessary to carry out its functions and purposes, all in
5accordance with applicable State and federal law.
6    (c) On and after the date 6 months after August 16, 2013
7(the effective date of Public Act 98-488), as provided in the
8Executive Order 1 (2012) Implementation Act, all of the powers,
9duties, rights, and responsibilities related to State
10healthcare purchasing under this Code that were transferred
11from the Department of Corrections to the Department of
12Healthcare and Family Services by Executive Order 3 (2005) are
13transferred back to the Department of Corrections; however,
14powers, duties, rights, and responsibilities related to State
15healthcare purchasing under this Code that were exercised by
16the Department of Corrections before the effective date of
17Executive Order 3 (2005) but that pertain to individuals
18resident in facilities operated by the Department of Juvenile
19Justice are transferred to the Department of Juvenile Justice.
20(Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14;
2198-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
22    (730 ILCS 5/3-6-1)  (from Ch. 38, par. 1003-6-1)
23    Sec. 3-6-1. Institutions; Facilities; and Programs.
24    (a) The Department shall designate those institutions and
25facilities which shall be maintained for persons assigned as



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1adults and as juveniles.
2    (b) The types, number and population of institutions and
3facilities shall be determined by the needs of committed
4persons for treatment and the public for protection. All
5institutions and programs shall conform to the minimum
6standards under this Chapter.
7(Source: P.A. 77-2097.)