Public Act 096-1271
 
HB5914 EnrolledLRB096 18819 RLC 36077 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 Children and Family Services Act is amended 
by changing Section 17a-5 as follows:
 



    (20 ILCS 505/17a-5)  (from Ch. 23, par. 5017a-5)



    Sec. 17a-5. 
The Department of Human Services shall be 
successor to the
Department of Children and Family Services in 
the latter Department's capacity
as successor to the Illinois 
Law Enforcement
Commission in the functions of that Commission 
relating to juvenile justice
and the federal Juvenile Justice 
and Delinquency Prevention Act of 1974
as amended, and shall 
have the powers, duties and functions specified in
this Section 
relating to juvenile justice and the federal Juvenile Justice

and Delinquency Prevention Act of 1974, as amended.

    (1) Definitions.  As used in this Section:


        (a) "juvenile justice system" means all activities by 
    public or private
agencies or persons pertaining to the 
    handling of youth involved or having
contact with the 
    police, courts or corrections;


        (b) "unit of general local government" means any 
    county, municipality
or other general purpose political 
    subdivision of this State;


        (c) "Commission" means the Illinois Juvenile Justice

    Commission provided for in Section 17a-9 of this Act.

    (2) Powers and Duties of Department. The Department of 
Human Services
shall serve as the
official State Planning 
Agency for juvenile justice for the State of Illinois
and in 
that capacity is authorized and empowered to discharge any and 
all
responsibilities imposed on such bodies by the federal 
Juvenile Justice
and Delinquency Prevention Act of 1974, as 
amended, specifically the
deinstitutionalization
of status 
offenders, separation of juveniles and adults in municipal and

county jails, removal of juveniles from county and municipal 
jails and
monitoring
of compliance with these mandates.  In 
furtherance thereof, the Department
has the powers and duties 
set forth in paragraphs 3 through 15 of this Section:

    (3) To develop annual comprehensive plans based on analysis 
of juvenile
crime problems and juvenile justice and delinquency 
prevention needs in
the State, for the improvement of juvenile 
justice throughout the State,
such plans to be in accordance 
with the federal Juvenile Justice and Delinquency
Prevention 
Act of 1974, as amended;

    (4) To define, develop and correlate programs and projects 
relating to
administration of juvenile justice for the State 
and units of general local
government within the State or for 
combinations of such units for
improvement in law enforcement;

    (5) To advise, assist and make recommendations to the 
Governor as to how
to achieve a more efficient and effective 
juvenile justice system;

    (5.1) To develop recommendations to ensure the effective 
reintegration of youth offenders into communities to which they 
are returning. The Illinois Juvenile Justice Commission, 
utilizing available information provided by the Department of 
Juvenile Justice, the Prisoner Review Board, the Illinois 
Criminal Justice Information Authority, and any other relevant 
State agency, shall develop by September 30, 2010, a report on 
juveniles who have been the subject of a parole revocation 
within the past year in Illinois.   The report shall provide 
information on the number of youth confined in the Department 
of Juvenile Justice for revocation based on a technical parole 
violation, the length of time the youth spent on parole prior 
to the revocation, the nature of the committing offense that 
served as the basis for the original commitment, demographic 
information including age, race, sex, and zip code of the 
underlying offense and the conduct leading to revocation. In 
addition, the Juvenile Justice Commission shall develop 
recommendations to:
        (A) recommend the development of a tracking system to 
    provide quarterly statewide reports on youth released from 
    the Illinois Department of Juvenile Justice including 
    lengths of stay in the Illinois Department of Juvenile 
    Justice prior to release, length of monitoring 
    post-release, pre-release services provided to each youth, 
    violations of release conditions including length of 
    release prior to violation, nature of violation, and 
    intermediate sanctions offered prior to violation;
        (B) recommend outcome measures of educational 
    attainment, employment, homelessness, recidivism, and 
    other appropriate measures that can be used to assess the 
    performance of the State of Illinois in operating youth 
    offender reentry programs; .
        (C) recommend due process protections for youth during 
    release decision-making processes including, but not 
    limited to, parole revocation proceedings and release on 
    parole. 
    The Juvenile Justice Commission shall include information 
and recommendations on the effectiveness of the State's 
juvenile reentry programming, including progress on the 
recommendations in subparagraphs (A) and (B) of this paragraph 
(5.1), in its annual submission of recommendations to the 
Governor and the General Assembly on matters relative to its 
function, and in its annual juvenile justice plan.  This 
paragraph (5.1) may be cited as the Youth Reentry Improvement 
Law of 2009; 
    (6) To act as a central repository for federal, State, 
regional and local
research studies, plans, projects, and 
proposals relating to the improvement
of the juvenile justice 
system;

    (7) To act as a clearing house for information relating to 
all aspects
of juvenile justice system improvement;

    (8) To undertake research studies to aid in accomplishing 
its purposes;

    (9) To establish priorities for the expenditure of funds 
made
available by the United States for the improvement of the 
juvenile justice
system throughout the State;

    (10) To apply for, receive, allocate, disburse, and account 
for grants
of funds made available by the United States 
pursuant to the federal Juvenile
Justice and Delinquency 
Prevention Act of 1974, as amended; and such other
similar 
legislation as may be enacted from time to time in order to 
plan,
establish, operate, coordinate, and evaluate projects 
directly or through
grants and contracts with public and 
private agencies for the development
of more effective 
education, training, research, prevention, diversion,

treatment and rehabilitation programs in the area of juvenile 
delinquency
and programs to improve the juvenile justice 
system;

    (11) To insure that no more than the maximum percentage of 
the total annual
State allotment of juvenile justice funds be 
utilized for the administration
of such funds;

    (12) To provide at least 66-2/3 per centum of funds 
received by the State
under the Juvenile Justice and 
Delinquency Prevention Act of 1974, as amended,
are expended 
through:


        (a) programs of units of general local government or 
    combinations thereof,
to the extent such programs are 
    consistent with the State plan; and


        (b) programs of local private agencies, to the extent 
    such programs are
consistent with the State plan;

    (13) To enter into agreements with the United States 
government
which may be required as a condition of obtaining 
federal funds;

    (14) To enter into contracts and cooperate with units of 
general local
government or combinations of such units, State 
agencies, and private
organizations
of all types, for the 
purpose of carrying out the duties of the Department
imposed by 
this Section or by federal law or
regulations;

    (15) To exercise all other powers that are reasonable and 
necessary to
fulfill its functions under applicable federal law 
or to further the
purposes of this Section.

(Source: P.A. 96-853, eff. 12-23-09.)



 
    Section 10. The Unified Code of Corrections is amended by 
changing Section 3-3-9 as follows:
 


    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)


    Sec. 3-3-9. Violations; changes of conditions; preliminary

hearing; revocation of parole or mandatory supervised release;

revocation hearing.
    (a) If prior to expiration or termination of the term of

parole or mandatory supervised release, a person violates a

condition set by the Prisoner Review Board or a condition of 
parole or
mandatory supervised release under Section 3-3-7 of 
this Code to govern that
term,
the Board may:


        (1) continue the existing term, with or without 
    modifying or
enlarging the conditions; or


        (2) parole or release the person to a half-way house; 
    or


        (3) revoke the parole or mandatory supervised release 
    and
reconfine the person for a term computed in the 
    following
manner:


            (i) (A) For those sentenced under the law in effect 
        prior to
this amendatory Act of 1977, the recommitment 
        shall be for any
portion of the imposed maximum term of 
        imprisonment or confinement
which had not been served 
        at the time of parole and the parole
term, less the 
        time elapsed between the parole of the person and
the 
        commission of the violation for which parole was 
        revoked;


            (B) Except as set forth in paragraph (C), for

those 
        subject to mandatory supervised release under

        paragraph (d) of Section 5-8-1 of this Code, the 
        recommitment
shall be for the total mandatory 
        supervised release term, less
the time elapsed between 
        the release of the person and the
commission of the 
        violation for which mandatory supervised
release is 
        revoked. The Board may also order that a prisoner
serve 
        up to one year of the sentence imposed by the court 
        which
was not served due to the accumulation of good 
        conduct credit;

            (C) For those subject to sex offender supervision 
        under clause (d)(4) of Section 5-8-1 of this Code, the 
        reconfinement period for violations of clauses (a)(3) 
        through (b-1)(15) of Section 3-3-7 shall not exceed 2 
        years from the date of reconfinement.


            (ii) the person shall be given credit against the 
        term of
reimprisonment or reconfinement for time spent 
        in custody
since he was paroled or released which has 
        not been credited
against another sentence or period of 
        confinement;


            (iii) persons committed under the Juvenile Court 
        Act or the Juvenile
Court Act of 1987 may be continued 
        under the existing term of parole with or without 
        modifying the conditions of parole, paroled or 
        released to a group home or other residential facility, 
        or shall be recommitted until the age of 21 unless 
        sooner terminated;


            (iv) this Section is subject to the release under

        supervision and the reparole and rerelease provisions 
        of Section
3-3-10.

    (b) The Board may revoke parole or mandatory supervised

release for violation of a condition for the duration of the

term and for any further period which is reasonably necessary

for the adjudication of matters arising before its expiration.

The issuance of a warrant of arrest for an alleged violation
of 
the conditions of parole or mandatory supervised release
shall 
toll the running of the term until the final determination of 
the
charge. When
 parole or mandatory supervised release is not 
revoked
that period shall be credited to the term,  unless a 
community-based sanction is imposed as an alternative to 
revocation and reincarceration, including a diversion 
established by the Illinois Department of Corrections Parole 
Services Unit prior to the holding of a preliminary parole 
revocation hearing.  Parolees who are diverted to a 
community-based sanction shall serve the entire term of parole 
or mandatory supervised release, if otherwise appropriate.

    (b-5) The Board shall revoke parole or mandatory supervised 
release for violation of the conditions prescribed in paragraph 
(7.6) of subsection (a) of Section 3-3-7.
    (c) A person charged with violating a condition of parole 
or
mandatory supervised release shall have a preliminary 
hearing
before a hearing officer designated by the Board to 
determine
if there is cause to hold the person for a revocation 
hearing.
However, no preliminary hearing need be held when 
revocation is based
upon new criminal charges and a court finds 
probable cause on the new
criminal charges or when the 
revocation
is based upon a new criminal conviction and a 
certified copy of
that conviction is available.

    (d) Parole or mandatory supervised release shall not be

revoked without written notice to the offender setting forth

the violation of parole or mandatory supervised release charged

against him.

    (e) A hearing on revocation shall be conducted before at

least one member of the Prisoner Review Board. The Board may

meet and order its actions in panels of 3 or more members.
The 
action of a majority of the panel shall be the action of
the 
Board. In consideration of persons committed to the Department 
of Juvenile Justice, the member hearing the matter and at least 
a majority
of the panel shall be experienced in juvenile 
matters.  A record
of the hearing shall be made. At the hearing 
the offender shall
be permitted to:


        (1) appear and answer the charge; and


        (2) bring witnesses on his behalf.

    (f) The Board shall either revoke parole or mandatory

supervised release or order the person's term continued with
or 
without modification or enlargement of the conditions.

    (g) Parole or mandatory supervised release shall not be

revoked for failure to make payments under the conditions of

parole or release unless the Board determines that such failure 
is
due to the offender's willful refusal to pay.

(Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; 
94-696, eff. 6-1-06; 95-82, eff. 8-13-07.)