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| Public Act 098-0689 | ||||
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AN ACT concerning corrections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The School Code is amended by changing Section | ||||
13-45 as follows:
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(105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
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Sec. 13-45.
Other provisions of this Code shall not apply | ||||
to the Department of Juvenile Justice School District being all | ||||
of the following Articles and
Sections: Articles 3, 3A, 4, 5, | ||||
6, 7, 8, and 9, those Sections sections of Article 10 in | ||||
conflict with
any provisions of Sections 13-40 through 13-45, | ||||
and Articles 11, 12, 15,
17, 18, 19, 19A, 20, 22, 24, 24A, 26, | ||||
31, 32, 33, and 34. Also Article 28 shall
not apply except that | ||||
this School District may use any funds available from
State, | ||||
Federal and other funds for the purchase of textbooks, | ||||
apparatus and
equipment.
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(Source: P.A. 96-328, eff. 8-11-09.)
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 3-2.5-15 and 3-10-2 as follows: | ||||
(730 ILCS 5/3-2.5-15) | ||||
(Text of Section after amendment by P.A. 98-528) | ||||
Sec. 3-2.5-15. Department of Juvenile Justice; assumption | ||
of duties of the Juvenile Division. | ||
(a) The Department of Juvenile Justice shall assume the | ||
rights, powers, duties, and responsibilities of the Juvenile | ||
Division of the Department of Corrections. Personnel, books, | ||
records, property, and unencumbered appropriations pertaining | ||
to the Juvenile Division of the Department of Corrections shall | ||
be transferred to the Department of Juvenile Justice on the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly. Any rights of employees or the State under the | ||
Personnel Code or any other contract or plan shall be | ||
unaffected by this transfer. | ||
(b) Department of Juvenile Justice personnel who are hired | ||
by the Department on or after the effective date of this | ||
amendatory Act of the 94th General Assembly and who participate | ||
or assist in the rehabilitative and vocational training of | ||
delinquent youths, supervise the daily activities involving | ||
direct and continuing responsibility for the youth's security, | ||
welfare and development, or participate in the personal | ||
rehabilitation of delinquent youth by training, supervising, | ||
and assisting lower level personnel who perform these duties | ||
must be over the age of 21 and have a bachelor's or advanced | ||
degree from an accredited college or university with a | ||
specialization in criminal justice, education, psychology, | ||
social work, or a closely related social science or other | ||
bachelor's or advanced degree with at least 2 years experience | ||
in the field of juvenile matters. This requirement shall not | ||
apply to security, clerical, food service, and maintenance | ||
staff that do not have direct and regular contact with youth. | ||
The degree requirements specified in this subsection (b) are | ||
not required of persons who provide vocational training and who | ||
have adequate knowledge in the skill for which they are | ||
providing the vocational training. | ||
(c) Subsection (b) of this Section does not apply to | ||
personnel transferred to the Department of Juvenile Justice on | ||
the effective date of this amendatory Act of the 94th General | ||
Assembly. | ||
(d) The Department shall be under the direction of the | ||
Director of Juvenile Justice as provided in this Code. | ||
(e) The Director shall organize divisions within the | ||
Department and shall assign functions, powers, duties, and | ||
personnel as required by law. The Director may create other | ||
divisions and may assign other functions, powers, duties, and | ||
personnel as may be necessary or desirable to carry out the | ||
functions and responsibilities vested by law in the Department. | ||
The Director may, with the approval of the Office of the | ||
Governor, assign to and share functions, powers, duties, and | ||
personnel with other State agencies such that administrative | ||
services and administrative facilities are provided by a shared | ||
administrative service center. Where possible, shared services | ||
which impact youth should be done with child-serving agencies. | ||
These administrative services may include, but are not limited | ||
to, all of the following functions: budgeting, accounting | ||
related functions, auditing, human resources, legal, | ||
procurement, training, data collection and analysis, | ||
information technology, internal investigations, intelligence, | ||
legislative services, emergency response capability, statewide | ||
transportation services, and general office support. | ||
(f) The Department of Juvenile Justice may enter into | ||
intergovernmental cooperation agreements under which minors | ||
adjudicated delinquent and committed to the Department of | ||
Juvenile Justice may participate in county juvenile impact | ||
incarceration programs established under Section 3-6039 of the | ||
Counties Code.
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(g) The Department of Juvenile Justice must comply with the | ||
ethnic and racial background data collection procedures | ||
provided in Section 4.5 of the Criminal Identification Act. | ||
(Source: P.A. 98-528, eff. 1-1-15.)
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(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
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Sec. 3-10-2. Examination of Persons Committed to the | ||
Department of Juvenile Justice.
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(a) A person committed to the Department of Juvenile | ||
Justice shall be examined in
regard to his medical, | ||
psychological, social, educational and vocational
condition | ||
and history, including the use of alcohol and other drugs,
the | ||
circumstances of his offense and any other
information as the | ||
Department of Juvenile Justice may determine.
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(a-5) Upon admission of a person committed to the | ||
Department of Juvenile Justice, the Department of Juvenile | ||
Justice must provide the person with appropriate information | ||
concerning HIV and AIDS in writing, verbally, or by video or | ||
other electronic means. The Department of Juvenile Justice | ||
shall develop the informational materials in consultation with | ||
the Department of Public Health. At the same time, the | ||
Department of Juvenile Justice also must offer the person the | ||
option of being tested, at no charge to the person, for | ||
infection with human immunodeficiency virus (HIV). Pre-test | ||
information shall be provided to the committed person and | ||
informed consent obtained as required in subsection (d) of | ||
Section 3 and Section 5 of the AIDS Confidentiality Act. The | ||
Department of Juvenile Justice may conduct opt-out HIV testing | ||
as defined in Section 4 of the AIDS Confidentiality Act. If the | ||
Department conducts opt-out HIV testing, the Department shall | ||
place signs in English, Spanish and other languages as needed | ||
in multiple, highly visible locations in the area where HIV | ||
testing is conducted informing inmates that they will be tested | ||
for HIV unless they refuse, and refusal or acceptance of | ||
testing shall be documented in the inmate's medical record. The | ||
Department shall follow procedures established by the | ||
Department of Public Health to conduct HIV testing and testing | ||
to confirm positive HIV test results. All testing must be | ||
conducted by medical personnel, but pre-test and other | ||
information may be provided by committed persons who have | ||
received appropriate training. The Department, in conjunction | ||
with the Department of Public Health, shall develop a plan that | ||
complies with the AIDS Confidentiality Act to deliver | ||
confidentially all positive or negative HIV test results to | ||
inmates or former inmates. Nothing in this Section shall | ||
require the Department to offer HIV testing to an inmate who is | ||
known to be infected with HIV, or who has been tested for HIV | ||
within the previous 180 days and whose documented HIV test | ||
result is available to the Department electronically. The
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testing provided under this subsection (a-5) shall consist of a | ||
test approved by the Illinois Department of Public Health to | ||
determine the presence of HIV infection, based upon | ||
recommendations of the United States Centers for Disease | ||
Control and Prevention. If the test result is positive, a | ||
reliable supplemental test based upon recommendations of the | ||
United States Centers for Disease Control and Prevention shall | ||
be
administered. | ||
Also upon admission of a person committed to the Department | ||
of Juvenile Justice, the Department of Juvenile Justice must | ||
inform the person of the Department's obligation to provide the | ||
person with medical care.
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(b) Based on its examination, the Department of Juvenile | ||
Justice may exercise the following
powers in developing a | ||
treatment program of any person committed to the Department of | ||
Juvenile Justice:
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(1) Require participation by him in vocational, | ||
physical, educational
and corrective training and | ||
activities to return him to the community.
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(2) Place him in any institution or facility of the | ||
Department of Juvenile Justice.
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(3) Order replacement or referral to the Parole and | ||
Pardon Board as
often as it deems desirable. The Department | ||
of Juvenile Justice shall refer the person to the
Parole | ||
and Pardon Board as required under Section 3-3-4.
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(4) Enter into agreements with the Secretary of Human | ||
Services and
the Director of Children and Family
Services, | ||
with courts having probation officers, and with private | ||
agencies
or institutions for separate care or special | ||
treatment of persons subject
to the control of the | ||
Department of Juvenile Justice.
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(c) The Department of Juvenile Justice shall make periodic | ||
reexamination of all persons
under the control of the | ||
Department of Juvenile Justice to determine whether existing
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orders in individual cases should be modified or continued. | ||
This
examination shall be made with respect to every person at | ||
least once
annually.
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(d) A record of the treatment decision including any | ||
modification
thereof and the reason therefor, shall be part of | ||
the committed person's
master record file.
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(e) The Department of Juvenile Justice shall by certified | ||
mail and telephone or electronic message , return receipt | ||
requested,
notify the parent, guardian or nearest relative of | ||
any person committed to
the Department of Juvenile Justice of | ||
his or her physical location and any change thereof.
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(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | ||
97-813, eff. 7-13-12.)
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