Public Act 101-0219
 
HB3704 EnrolledLRB101 09310 SLF 54405 b


  
    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 
changing Sections 3-2.5-20 and 3-6-1 as follows:
 

    (730 ILCS 5/3-2.5-20)

 
  
    Sec. 3-2.5-20. General powers and duties.
    (a) In addition to the powers, duties, and responsibilities 
which are otherwise provided by law or transferred to the 
Department as a result of this Article, the Department, as 
determined by the Director, shall have, but are not limited to, 
the following rights, powers, functions and duties:
        (1) To accept juveniles committed to it by the courts 
    of this State for care, custody, treatment, and 
    rehabilitation.
        (2) To maintain and administer all State juvenile 
    correctional institutions previously under the control of 
    the Juvenile and Women's & Children Divisions of the 
    Department of Corrections, and to establish and maintain 
    institutions as needed to meet the needs of the youth 
    committed to its care.
        (3) To identify the need for and recommend the funding 
    and implementation of an appropriate mix of programs and 
    services within the juvenile justice continuum, including 
    but not limited to prevention, nonresidential and 
    residential commitment programs, day treatment, and 
    conditional release programs and services, with the 
    support of educational, vocational, alcohol, drug abuse, 
    and mental health services where appropriate.
        (3.5) To assist youth committed to the Department of 
    Juvenile Justice under the Juvenile Court Act of 1987 with 
    successful reintegration into society, the Department 
    shall retain custody and control of all adjudicated 
    delinquent juveniles released under Section 3-2.5-85 or 
    3-3-10 of this Code, shall provide a continuum of 
    post-release treatment and services to those youth, and 
    shall supervise those youth during their release period in 
    accordance with the conditions set by the Department or the 
    Prisoner Review Board. 
        (4) To establish and provide transitional and 
    post-release treatment programs for juveniles committed to 
    the Department. Services shall include but are  not limited 
    to:
            (i) family and individual counseling and treatment 
        placement;
            (ii) referral services to any other State or local 
        agencies;
            (iii) mental health services;
            (iv) educational services;
            (v) family counseling services; and
            (vi) substance abuse services.
        (5) To access vital records of juveniles for the 
    purposes of providing necessary documentation for 
    transitional services such as obtaining identification, 
    educational enrollment, employment, and housing.
        (6) To develop staffing and workload standards and 
    coordinate staff development and training appropriate for 
    juvenile populations.
        (6.5) To develop policies and procedures promoting 
    family engagement and visitation appropriate for juvenile 
    populations. 
        (7) To develop, with the approval of the Office of the 
    Governor and the Governor's Office of Management and 
    Budget, annual budget requests.

        (8) To administer the Interstate Compact for 
    Juveniles, with respect to all juveniles under its 
    jurisdiction, and to cooperate with the Department of Human 
    Services with regard to all non-offender juveniles subject 
    to the Interstate Compact for Juveniles.
        (9) To decide the date of release on aftercare for 
    youth committed to the Department under Section 5-750 of 
    the Juvenile Court Act of 1987.
        (10) To set conditions of aftercare release for all 
    youth committed to the Department under the Juvenile Court 
    Act of 1987.

    (b) The Department may employ personnel in accordance with 
the Personnel Code and Section 3-2.5-15 of this Code, provide 
facilities, contract for goods and services, and adopt rules as 
necessary to carry out its functions and purposes, all in 
accordance with applicable State and federal law.


    (c) On and after the date 6 months after August 16, 2013 
(the effective date of Public Act 98-488), as provided in the 
Executive Order 1 (2012) Implementation Act, all of the powers, 
duties, rights, and responsibilities related to State 
healthcare purchasing under this Code that were transferred 
from the Department of Corrections to the Department of 
Healthcare and Family Services by Executive Order 3 (2005) are 
transferred back to the Department of Corrections; however, 
powers, duties, rights, and responsibilities related to State 
healthcare purchasing under this Code that were exercised by 
the Department of Corrections before the effective date of 
Executive Order 3 (2005) but that pertain to  individuals 
resident in facilities operated by the Department of Juvenile 
Justice are transferred to the Department of Juvenile Justice. 
(Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14; 
98-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 



    (730 ILCS 5/3-6-1)  (from Ch. 38, par. 1003-6-1)



    Sec. 3-6-1. Institutions; Facilities; and Programs. 

    (a) The Department shall designate those institutions and 
facilities
which shall be maintained for persons assigned as 
adults and as juveniles.

    (b) The types, number and population of institutions and 
facilities
shall be determined by the needs of committed 
persons for treatment and the
public for protection. All 
institutions and programs shall conform to the
minimum 
standards under this Chapter.

(Source: P.A. 77-2097.)