Public Act 0875 103RD GENERAL ASSEMBLY

SB0426 Enrolled LRB103 02878 RLC 47884 b

Public Act 103-0875

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by adding Section 3-9-2.1 as follows:

(730 ILCS 5/3-9-2.1 new)

Sec. 3-9-2.1. Emerging adult programs.

(a) The Department of Juvenile Justice may establish and offer emerging adult programs for persons at least 18 years of age and under 22 years of age who are committed to the Department of Corrections.

(b) Persons at least 18 years of age and under 22 years of age who are in the custody of the Department of Corrections may be transferred to Department of Juvenile Justice facilities for the purposes of participating in emerging adult programs provided that all such transfers comply with the federal Juvenile Justice and Delinquency Prevention Act of 1974 and the federal Prison Rape Elimination Act of 2003.

(c) No transfer of any person in the custody of the Department of Corrections shall occur without written approval of the Director of Juvenile Justice and the Director of Corrections.

(d) The Department of Juvenile Justice and Department of Corrections shall establish an intergovernmental agreement to govern eligibility criteria and transfer policies and procedures for persons at least 18 years of age and under 22 years of age who are in the custody of the Department of Corrections and are seeking transfer to Department of Juvenile Justice facilities for the purposes of participating in emerging adult programs.