Sen. Kwame Raoul
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1725 




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    AMENDMENT NO. ______. Amend Senate Bill 1725 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Children and Family Services Act is amended  
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by changing Section 17a-5 as follows:
 



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



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

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and Delinquency Prevention Act of 1974, as amended.

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    (1) Definitions.  As used in this Section:


 


 






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


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


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        (c) "Commission" means the Illinois Juvenile Justice

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

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

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

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


 






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Act of 1974, as amended;

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

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

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    (5.1) To develop recommendations to ensure the effective 
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reintegration of youth offenders into the families and 
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communities to which they are returning, the Department of 
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Human Services shall advise and assist the Illinois Juvenile 
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Justice Commission, utilizing information provided by the 
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Department of Juvenile Justice, the Prisoner Review Board, the 
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Illinois Criminal Justice Information Authority, and any other 
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relevant State agency, to develop by September 30, 2009, a 
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report on juveniles who have been the subject of a parole 
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revocation within the past year in Illinois.   The report shall 
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provide information on the number of youth confined in the 
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Department of Juvenile Justice for revocation based on a 
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technical parole violation, the nature of the technical parole 
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violation, the length of time the youth spent on parole prior 
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to the revocation, the services provided to each minor while on 
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parole, the nature of the underlying offense that served as the 
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basis for the original commitment, demographic information 
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including age, race, sex, and zip code of the underlying 
 


 






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offense and the conduct leading to revocation, and the 
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procedural safeguards provided during the parole revocation. 
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In addition, the Department of Human Services shall advise and 
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assist the Juvenile Justice Commission to develop 
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recommendations to:
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        (A) recommend the development of a tracking system to 
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    provide quarterly statewide reports on youth released from 
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    the Illinois Department of Juvenile Justice including 
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    lengths of stay in the Illinois Department of Juvenile 
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    Justice prior to release, length of monitoring 
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    post-release, pre-release services provided to each youth, 
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    post-release services provided to each youth, violations 
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    of release conditions including length of release prior to 
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    violation, nature of violation and intermediate sanctions 
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    offered prior to violation;
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        (B) recommend procedural safeguards to assure each 
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    youth of a full due process hearing on any allegation of 
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    violation of a condition of release; and
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        (C) recommend outcome measures of educational 
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    attainment, employment, homelessness, recidivism, and 
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    other appropriate measures that can be used to assess the 
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    performance of the State of Illinois in operating youth 
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    offender reentry programs.
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    The Department of Human Services shall advise and assist 
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the Juvenile Justice Commission to include information and 
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recommendations on the effectiveness of the State's juvenile 
 


 






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reentry programming, including progress on the recommendations 
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in subparagraphs (A) through (C) of this paragraph (5.1), in 
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its annual submission of recommendations to the Governor and 
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the General Assembly on matters relative to its function, and 
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in its annual juvenile justice plan.  This paragraph (5.1) may 
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be cited as the Youth Reentry Improvement Law of 2009; 
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    (6) To act as a central repository for federal, State, 
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regional and local
research studies, plans, projects, and 
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proposals relating to the improvement
of the juvenile justice 
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system;

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

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

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

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

 


 






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

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

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


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


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

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

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

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

 


 






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(Source: P.A. 89-507, eff. 7-1-97.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".