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91_HB2628
LRB9103742NTsbA
1 AN ACT concerning juvenile detention center education
2 programs, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 18-3 as follows:
7 (105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
8 Sec. 18-3. Tuition of children from orphanages and
9 children's homes.
10 When the children from any home for orphans, dependent,
11 abandoned or maladjusted children maintained by any
12 organization or association admitting to such home children
13 from the State in general or when children residing in a
14 school district wherein the State of Illinois maintains and
15 operates any welfare or penal institution on property owned
16 by the State of Illinois, which contains houses, housing
17 units or housing accommodations within a school district,
18 attend grades kindergarten through 12 of the public schools
19 maintained by that school district, the State Superintendent
20 of Education shall direct the State Comptroller to pay a
21 specified amount sufficient to pay the annual tuition cost of
22 such children who attended such public schools during the
23 school year ending on June 30, and the Comptroller shall pay
24 the amount after receipt of a voucher submitted by the State
25 Superintendent of Education. For a school district that
26 provides educational services to a juvenile detention center
27 that provides a 365-day education program and is eligible for
28 reimbursement, the State Superintendent of Education shall
29 take into consideration that the juvenile detention center
30 provides a 365-day education program.
31 The amount of the tuition for such children attending the
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1 public schools of the district, except children at a juvenile
2 detention center that provides a 365-day education program,
3 shall be determined by the State Superintendent of Education
4 by multiplying the number of such children in average daily
5 attendance in such schools by 1.2 times the total annual per
6 capita cost of administering the schools of the district.
7 Such total annual per capita cost shall be determined by
8 totaling all expenses of the school district in the
9 educational, operations and maintenance, bond and interest,
10 transportation, Illinois municipal retirement, and rent funds
11 for the school year preceding the filing of such tuition
12 claims less expenditures not applicable to the regular K-12
13 program, less offsetting revenues from State sources except
14 those from the common school fund, less offsetting revenues
15 from federal sources except those from federal impaction aid,
16 less student and community service revenues, plus a
17 depreciation allowance; and dividing such total by the
18 average daily attendance for the year.
19 The amount of the tuition for children at a juvenile
20 detention center that provides a 365-day education program
21 shall be determined by the State Superintendent of Education
22 by multiplying the number of children in average daily
23 attendance in the 365-day education program by 1.4 times the
24 total annual per capita cost of administering the 365-day
25 education program. Such total annual per capita cost shall be
26 determined by totaling all expenses of the school district in
27 the educational, operations and maintenance, bond and
28 interest, transportation, Illinois municipal retirement, and
29 rent funds for the school year preceding the filing of such
30 tuition claims less expenditures not applicable to the
31 regular K-12 program, less offsetting revenues from State
32 sources except those from the common school fund, less
33 offsetting revenues from federal sources except those from
34 federal impaction aid, less student and community service
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1 revenues, plus a depreciation allowance; and dividing such
2 total by the average daily attendance for the year.
3 Annually on or before June 30 the superintendent of the
4 district upon forms prepared by the State Superintendent of
5 Education shall certify to the regional superintendent the
6 following:
7 1. The name of the home and of the organization or
8 association maintaining it; or the legal description of the
9 real estate upon which the house, housing units, or housing
10 accommodations are located and that no taxes or service
11 charges or other payments authorized by law to be made in
12 lieu of taxes were collected therefrom or on account thereof
13 during either of the calendar years included in the school
14 year for which claim is being made;
15 2. The number of children from the home or living in
16 such houses, housing units or housing accommodations and
17 attending the schools of the district;
18 3. The total number of children attending the schools of
19 the district;
20 4. The per capita tuition charge of the district; and
21 5. The computed amount of the tuition payment claimed as
22 due.
23 Whenever the persons in charge of such home for orphans,
24 dependent, abandoned or maladjusted children have received
25 from the parent or guardian of any such child or by virtue of
26 an order of court a specific allowance for educating such
27 child, such persons shall pay to the school board in the
28 district where the child attends school such amount of the
29 allowance as is necessary to pay the tuition required by such
30 district for the education of the child. If the allowance is
31 insufficient to pay the tuition in full the State
32 Superintendent of Education shall direct the Comptroller to
33 pay to the district the difference between the total tuition
34 charged and the amount of the allowance.
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1 Whenever the facilities of a school district in which
2 such house, housing units or housing accommodations are
3 located, are limited, pupils may be assigned by that district
4 to the schools of any adjacent district to the limit of the
5 facilities of the adjacent district to properly educate such
6 pupils as shall be determined by the school board of the
7 adjacent district, and the State Superintendent of Education
8 shall direct the Comptroller to pay a specified amount
9 sufficient to pay the annual tuition of the children so
10 assigned to and attending public schools in the adjacent
11 districts and the Comptroller shall draw his warrant upon the
12 State Treasurer for the payment of such amount for the
13 benefit of the adjacent school districts in the same manner
14 as for districts in which the houses, housing units or
15 housing accommodations are located.
16 Failure on the part of the school board to certify to the
17 regional superintendent the claim of the school district for
18 tuition on account of such children on or before June 30
19 shall constitute a forfeiture by the district of its right to
20 the payment of any such tuition claim for the school year
21 just ended. The regional superintendent shall check and not
22 later than July 15 certify to the State Superintendent of
23 Education the regional report of claims due for such tuition
24 payments. The State Superintendent of Education shall direct
25 the Comptroller to pay to the district, on or before August
26 15, the amount due the district for the school year in
27 accordance with the calculation of the claim as set forth in
28 this Section.
29 Claims for tuition for children from any home for orphans
30 or dependent, abandoned, or maladjusted children beginning
31 with the 1993-1994 school year shall be paid on a current
32 year basis. On September 30, December 31, and March 31, the
33 State Board of Education shall voucher payments for districts
34 with those students based on an estimated cost calculated
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1 from the prior year's claim. Final claims for those students
2 for the regular school term must be received at the State
3 Board of Education by July 31 following the end of the school
4 year. Final claims for those students shall be vouchered by
5 August 15. During fiscal year 1994 both the 1992-1993 school
6 year and the 1993-1994 school year shall be paid in order to
7 change the cycle of payment from a reimbursement basis to a
8 current year funding basis of payment. However,
9 notwithstanding any other provisions of this Section or the
10 School Code, beginning with fiscal year 1994 and each fiscal
11 year thereafter, if the amount appropriated for any fiscal
12 year is less than the amount required for purposes of this
13 Section, the amount required to eliminate any insufficient
14 reimbursement for each district claim under this Section
15 shall be reimbursed on August 30 of the next fiscal year.
16 Payments required to eliminate any insufficiency for prior
17 fiscal year claims shall be made before any claims are paid
18 for the current fiscal year.
19 If a school district makes a claim for reimbursement
20 under Section 18-4 or 14-7.03 it shall not include in any
21 claim filed under this Section children residing on the
22 property of State institutions included in its claim under
23 Section 18-4 or 14-7.03.
24 Any child who is not a resident of Illinois who is placed
25 in a child welfare institution, private facility, State
26 operated program, orphanage or children's home shall have the
27 payment for his educational tuition and any related services
28 assured by the placing agent.
29 In order to provide services appropriate to allow a
30 student under the legal guardianship or custodianship of the
31 State to participate in local school district educational
32 programs, costs may be incurred in appropriate cases by the
33 district that are in excess of 1.2 times the district per
34 capita tuition charge allowed under the provisions of this
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1 Section. In the event such excess costs are incurred, they
2 must be documented in accordance with cost rules established
3 under the authority of this Section and may then be claimed
4 for reimbursement under this Section.
5 Planned services for students eligible for this funding
6 must be a collaborative effort between the appropriate State
7 agency or the student's group home or institution and the
8 local school district.
9 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97;
10 90-644, eff. 7-24-98.)
11 Section 10. The Unified Code of Corrections is amended
12 by changing Section 3-2-2 as follows:
13 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
14 Sec. 3-2-2. Powers and Duties of the Department.
15 (1) In addition to the powers, duties and
16 responsibilities which are otherwise provided by law, the
17 Department shall have the following powers:
18 (a) To accept persons committed to it by the courts
19 of this State for care, custody, treatment and
20 rehabilitation.
21 (b) To develop and maintain reception and
22 evaluation units for purposes of analyzing the custody
23 and rehabilitation needs of persons committed to it and
24 to assign such persons to institutions and programs under
25 its control or transfer them to other appropriate
26 agencies. In consultation with the Department of
27 Alcoholism and Substance Abuse (now the Department of
28 Human Services), the Department of Corrections shall
29 develop a master plan for the screening and evaluation of
30 persons committed to its custody who have alcohol or drug
31 abuse problems, and for making appropriate treatment
32 available to such persons; the Department shall report to
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1 the General Assembly on such plan not later than April 1,
2 1987. The maintenance and implementation of such plan
3 shall be contingent upon the availability of funds.
4 (b-5) To develop, in consultation with the
5 Department of State Police, a program for tracking and
6 evaluating each inmate from commitment through release
7 for recording his or her gang affiliations, activities,
8 or ranks.
9 (c) To maintain and administer all State
10 correctional institutions and facilities under its
11 control and to establish new ones as needed. Pursuant to
12 its power to establish new institutions and facilities,
13 the Department may, with the written approval of the
14 Governor, authorize the Department of Central Management
15 Services to enter into an agreement of the type described
16 in subsection (d) of Section 67.02 of the Civil
17 Administrative Code of Illinois. The Department shall
18 designate those institutions which shall constitute the
19 State Penitentiary System.
20 Pursuant to its power to establish new institutions
21 and facilities, the Department may authorize the
22 Department of Central Management Services to accept bids
23 from counties and municipalities for the construction,
24 remodeling or conversion of a structure to be leased to
25 the Department of Corrections for the purposes of its
26 serving as a correctional institution or facility. Such
27 construction, remodeling or conversion may be financed
28 with revenue bonds issued pursuant to the Industrial
29 Building Revenue Bond Act by the municipality or county.
30 The lease specified in a bid shall be for a term of not
31 less than the time needed to retire any revenue bonds
32 used to finance the project, but not to exceed 40 years.
33 The lease may grant to the State the option to purchase
34 the structure outright.
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1 Upon receipt of the bids, the Department may certify
2 one or more of the bids and shall submit any such bids to
3 the General Assembly for approval. Upon approval of a
4 bid by a constitutional majority of both houses of the
5 General Assembly, pursuant to joint resolution, the
6 Department of Central Management Services may enter into
7 an agreement with the county or municipality pursuant to
8 such bid.
9 (c-5) To build and maintain regional juvenile
10 detention centers and to charge a per diem to the
11 counties as established by the Department to defray the
12 costs of housing each minor in a center. In this
13 subsection (c-5), "juvenile detention center" means a
14 facility to house minors during pendency of trial who
15 have been transferred from proceedings under the Juvenile
16 Court Act of 1987 to prosecutions under the criminal laws
17 of this State in accordance with Section 5-805 of the
18 Juvenile Court Act of 1987, whether the transfer was by
19 operation of law or permissive under that Section. The
20 Department shall designate the counties to be served by
21 each regional juvenile detention center. A juvenile
22 detention center may provide a 365-day education program
23 in accordance with standards set by the Department.
24 (d) To develop and maintain programs of control,
25 rehabilitation and employment of committed persons within
26 its institutions.
27 (e) To establish a system of supervision and
28 guidance of committed persons in the community.
29 (f) To establish in cooperation with the Department
30 of Transportation to supply a sufficient number of
31 prisoners for use by the Department of Transportation to
32 clean up the trash and garbage along State, county,
33 township, or municipal highways as designated by the
34 Department of Transportation. The Department of
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1 Corrections, at the request of the Department of
2 Transportation, shall furnish such prisoners at least
3 annually for a period to be agreed upon between the
4 Director of Corrections and the Director of
5 Transportation. The prisoners used on this program shall
6 be selected by the Director of Corrections on whatever
7 basis he deems proper in consideration of their term,
8 behavior and earned eligibility to participate in such
9 program - where they will be outside of the prison
10 facility but still in the custody of the Department of
11 Corrections. Prisoners convicted of first degree murder,
12 or a Class X felony, or armed violence, or aggravated
13 kidnapping, or criminal sexual assault, aggravated
14 criminal sexual abuse or a subsequent conviction for
15 criminal sexual abuse, or forcible detention, or arson,
16 or a prisoner adjudged a Habitual Criminal shall not be
17 eligible for selection to participate in such program.
18 The prisoners shall remain as prisoners in the custody of
19 the Department of Corrections and such Department shall
20 furnish whatever security is necessary. The Department of
21 Transportation shall furnish trucks and equipment for the
22 highway cleanup program and personnel to supervise and
23 direct the program. Neither the Department of Corrections
24 nor the Department of Transportation shall replace any
25 regular employee with a prisoner.
26 (g) To maintain records of persons committed to it
27 and to establish programs of research, statistics and
28 planning.
29 (h) To investigate the grievances of any person
30 committed to the Department, to inquire into any alleged
31 misconduct by employees or committed persons, and to
32 investigate the assets of committed persons to implement
33 Section 3-7-6 of this Code; and for these purposes it may
34 issue subpoenas and compel the attendance of witnesses
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1 and the production of writings and papers, and may
2 examine under oath any witnesses who may appear before
3 it; to also investigate alleged violations of a parolee's
4 or releasee's conditions of parole or release; and for
5 this purpose it may issue subpoenas and compel the
6 attendance of witnesses and the production of documents
7 only if there is reason to believe that such procedures
8 would provide evidence that such violations have
9 occurred.
10 If any person fails to obey a subpoena issued under
11 this subsection, the Director may apply to any circuit
12 court to secure compliance with the subpoena. The
13 failure to comply with the order of the court issued in
14 response thereto shall be punishable as contempt of
15 court.
16 (i) To appoint and remove the chief administrative
17 officers, and administer programs of training and
18 development of personnel of the Department. Personnel
19 assigned by the Department to be responsible for the
20 custody and control of committed persons or to
21 investigate the alleged misconduct of committed persons
22 or employees or alleged violations of a parolee's or
23 releasee's conditions of parole shall be conservators of
24 the peace for those purposes, and shall have the full
25 power of peace officers outside of the facilities of the
26 Department in the protection, arrest, retaking and
27 reconfining of committed persons or where the exercise of
28 such power is necessary to the investigation of such
29 misconduct or violations.
30 (j) To cooperate with other departments and
31 agencies and with local communities for the development
32 of standards and programs for better correctional
33 services in this State.
34 (k) To administer all moneys and properties of the
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1 Department.
2 (l) To report annually to the Governor on the
3 committed persons, institutions and programs of the
4 Department.
5 (l-5) In a confidential annual report to the
6 Governor, the Department shall identify all inmate gangs
7 by specifying each current gang's name, population and
8 allied gangs. The Department shall further specify the
9 number of top leaders identified by the Department for
10 each gang during the past year, and the measures taken by
11 the Department to segregate each leader from his or her
12 gang and allied gangs. The Department shall further
13 report the current status of leaders identified and
14 segregated in previous years. All leaders described in
15 the report shall be identified by inmate number or other
16 designation to enable tracking, auditing, and
17 verification without revealing the names of the leaders.
18 Because this report contains law enforcement intelligence
19 information collected by the Department, the report is
20 confidential and not subject to public disclosure.
21 (m) To make all rules and regulations and exercise
22 all powers and duties vested by law in the Department.
23 (n) To establish rules and regulations for
24 administering a system of good conduct credits,
25 established in accordance with Section 3-6-3, subject to
26 review by the Prisoner Review Board.
27 (o) To administer the distribution of funds from
28 the State Treasury to reimburse counties where State
29 penal institutions are located for the payment of
30 assistant state's attorneys' salaries under Section
31 4-2001 of the Counties Code.
32 (p) To exchange information with the Department of
33 Human Services and the Illinois Department of Public Aid
34 for the purpose of verifying living arrangements and for
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1 other purposes directly connected with the administration
2 of this Code and the Illinois Public Aid Code.
3 (q) To establish a diversion program.
4 The program shall provide a structured environment
5 for selected technical parole or mandatory supervised
6 release violators and committed persons who have violated
7 the rules governing their conduct while in work release.
8 This program shall not apply to those persons who have
9 committed a new offense while serving on parole or
10 mandatory supervised release or while committed to work
11 release.
12 Elements of the program shall include, but shall not
13 be limited to, the following:
14 (1) The staff of a diversion facility shall
15 provide supervision in accordance with required
16 objectives set by the facility.
17 (2) Participants shall be required to maintain
18 employment.
19 (3) Each participant shall pay for room and
20 board at the facility on a sliding-scale basis
21 according to the participant's income.
22 (4) Each participant shall:
23 (A) provide restitution to victims in
24 accordance with any court order;
25 (B) provide financial support to his
26 dependents; and
27 (C) make appropriate payments toward any
28 other court-ordered obligations.
29 (5) Each participant shall complete community
30 service in addition to employment.
31 (6) Participants shall take part in such
32 counseling, educational and other programs as the
33 Department may deem appropriate.
34 (7) Participants shall submit to drug and
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1 alcohol 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) To enter into intergovernmental cooperation
10 agreements under which minors adjudicated delinquent and
11 committed to the Department of Corrections, Juvenile
12 Division, may participate in a county juvenile impact
13 incarceration program established under Section 3-6039 of
14 the Counties Code.
15 (r-10) To systematically and routinely identify
16 with respect to each streetgang active within the
17 correctional system: (1) each active gang; (2) every
18 existing inter-gang affiliation or alliance; and (3) the
19 current leaders in each gang. The Department shall
20 promptly segregate leaders from inmates who belong to
21 their gangs and allied gangs. "Segregate" means no
22 physical contact and, to the extent possible under the
23 conditions and space available at the correctional
24 facility, prohibition of visual and sound communication.
25 For the purposes of this paragraph (r-10), "leaders"
26 means persons who:
27 (i) are members of a criminal streetgang;
28 (ii) with respect to other individuals within
29 the streetgang, occupy a position of organizer,
30 supervisor, or other position of management or
31 leadership; and
32 (iii) are actively and personally engaged in
33 directing, ordering, authorizing, or requesting
34 commission of criminal acts by others, which are
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1 punishable as a felony, in furtherance of streetgang
2 related activity both within and outside of the
3 Department of Corrections.
4 "Streetgang", "gang", and "streetgang related" have the
5 meanings ascribed to them in Section 10 of the Illinois
6 Streetgang Terrorism Omnibus Prevention Act.
7 (s) To operate a super-maximum security
8 institution, in order to manage and supervise inmates who
9 are disruptive or dangerous and provide for the safety
10 and security of the staff and the other inmates.
11 (t) To monitor any unprivileged conversation or any
12 unprivileged communication, whether in person or by
13 mail, telephone, or other means, between an inmate who,
14 before commitment to the Department, was a member of an
15 organized gang and any other person without the need to
16 show cause or satisfy any other requirement of law before
17 beginning the monitoring, except as constitutionally
18 required. The monitoring may be by video, voice, or other
19 method of recording or by any other means. As used in
20 this subdivision (1)(t), "organized gang" has the meaning
21 ascribed to it in Section 10 of the Illinois Streetgang
22 Terrorism Omnibus Prevention Act.
23 As used in this subdivision (1)(t), "unprivileged
24 conversation" or "unprivileged communication" means a
25 conversation or communication that is not protected by
26 any privilege recognized by law or by decision, rule, or
27 order of the Illinois Supreme Court.
28 (u) To establish a Women's and Children's
29 Pre-release Community Supervision Program for the purpose
30 of providing housing and services to eligible female
31 inmates, as determined by the Department, and their
32 newborn and young children.
33 (v) To do all other acts necessary to carry out the
34 provisions of this Chapter.
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1 (2) The Department of Corrections shall by January 1,
2 1998, consider building and operating a correctional facility
3 within 100 miles of a county of over 2,000,000 inhabitants,
4 especially a facility designed to house juvenile participants
5 in the impact incarceration program.
6 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
7 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
8 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
9 eff. 12-31-96; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
10 90-658, eff. 1-1-99; revised 9-16-98.)