Bill Text: IL SB2361 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that, 2 years after the effective date of the amendatory Act, the Department of Juvenile Justice shall exercise control and supervision of all county detention centers in the State. Provides that the Department shall adopt rules to close all juvenile detention centers in the State and shall establish a rehabilitation program for minors adjudicated delinquent which must be completed before the completion of their sentence. Amends the Juvenile Court Act of 1987. Provides that after the closure of all juvenile detention centers in the State and the establishment of the rehabilitation program by the Department, every minor committed to the Department must successfully complete a rehabilitation program established by the Department. Provides that the failure of the minor to successfully complete the program shall result in the minor remaining in custody of the Department until the minor's 21st birthday. Amends various Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2361 Detail]

Download: Illinois-2023-SB2361-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2361 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
20 ILCS 55/5
55 ILCS 75/Act title
55 ILCS 75/1 from Ch. 23, par. 2681
55 ILCS 75/3 from Ch. 23, par. 2683
55 ILCS 75/10 from Ch. 23, par. 2690
105 ILCS 5/34-2.4b from Ch. 122, par. 34-2.4b
305 ILCS 5/1-8.5
705 ILCS 405/5-145
705 ILCS 405/5-750
705 ILCS 405/5-7A-105
720 ILCS 5/12-2 from Ch. 38, par. 12-2
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-2.5-20
730 ILCS 5/3-19-5
Amends the Unified Code of Corrections. Provides that, 2 years after the effective date of the amendatory Act, the Department of Juvenile Justice shall exercise control and supervision of all county detention centers in the State. Provides that the Department shall adopt rules to close all juvenile detention centers in the State and shall establish a rehabilitation program for minors adjudicated delinquent which must be completed before the completion of their sentence. Amends the Juvenile Court Act of 1987. Provides that after the closure of all juvenile detention centers in the State and the establishment of the rehabilitation program by the Department, every minor committed to the Department must successfully complete a rehabilitation program established by the Department. Provides that the failure of the minor to successfully complete the program shall result in the minor remaining in custody of the Department until the minor's 21st birthday. Amends various Acts to make conforming changes. Effective immediately.
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A BILL FOR
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AN ACT concerning juvenile detention centers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Agency Student Worker Opportunity Act
is amended by changing Section 5 as follows:
(20 ILCS 55/5)
Sec. 5. Definitions. As used in this Act:
"Court-involved youth" means an individual who was
committed to the custody of the Department of Juvenile Justice
or a Department of Juvenile Justice county juvenile detention
center and has been released from that facility or discharged
from custody.
"Homeless youth" means an individual up to 21 years of
age, who has been verified as a homeless child or youth, as
defined under the federal McKinney-Vento Homeless Assistance
Act.
"Qualified applicant" means an individual who: (1) is 21
years of age or younger; (2) is qualified for the internship or
student worker position; and (3) is or has been a dependent
child in foster care, a homeless youth, or a court-involved
youth.
"State agency" means all boards, commissions, agencies,
institutions, authorities, bodies politic and corporate of the

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State created by or pursuant to the constitution or statute,
of the executive branch of State government.
(Source: P.A. 100-141, eff. 1-1-18.)
Section 10. The County Shelter Care and Detention Home Act
is amended by changing the title of the Act and Sections 1, 3,
and 10 as follows:
(55 ILCS 75/Act title)
An Act to authorize county authorities to provide for the
care and custody of minors who are neglected, abused,
addicted, dependent, or require authoritative intervention or
delinquent, and to levy and collect a tax for that purpose.
(55 ILCS 75/1) (from Ch. 23, par. 2681)
Sec. 1. Establishment and maintenance of homes.
(a) The board of county commissioners or the county board
in any county in this State, may locate, purchase, erect,
lease, or otherwise provide and establish, support and
maintain a detention home for the care and custody of
delinquent minors and a shelter care home for the temporary
care of minors who are delinquent, dependent, neglected,
addicted, abused or require authoritative intervention. They
may levy and collect a tax to pay the cost of its establishment
and maintenance in accordance with the terms and provisions of
this Act. In counties with 300,000 or less inhabitants, the

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powers enumerated in this Act shall not be exercised unless
this Act is adopted by the legal voters of the county as
provided in this Act. In counties with over 300,000 but less
than 1,000,000 inhabitants the county board by majority vote
may establish county shelter care and detention homes without
adoption of this Act by the legal voters and without
referendum.
(b) In any county, if the board of county commissioners or
the county board, as the case may be, determines that a shelter
care or detention home presently in use is obsolete, it may
continue to operate the shelter care or detention home on a
temporary basis and, by majority vote of that board, may
rebuild or replace the home at its present location or
another.
(c) No county shall be required to discontinue the use of
any shelter care or detention home in existence or in use on
the effective date of this amendatory Act of 1975 because of
the fact that the proposition to establish and maintain the
shelter care or detention home has not been submitted to the
voters as provided in this Act.
This amendatory Act of 1975 is not a limit on any county
which is a home rule unit.
(d) Cook County is not required to discontinue the use of
the Cook County Juvenile Temporary Detention Center or of any
other shelter care home or detention home in existence or in
use on the effective date of this amendatory Act of the 95th

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General Assembly because of the fact that the proposition to
establish and maintain it was not submitted to the voters as
provided in this Act.
(Source: P.A. 95-194, eff. 1-1-08.)
(55 ILCS 75/3) (from Ch. 23, par. 2683)
Sec. 3. Administrator; necessary personnel; supplies or
repairs.
(a) The administrator and all other necessary personnel of
the shelter care home and detention home, shall be appointed
by the Chief Judge of the Circuit Court or any Judge of that
Circuit designated by the Chief Judge, to serve at the
pleasure of the appointing authority. Each shall receive a
monthly salary fixed by the county board. Personnel shall also
be reimbursed for their actual and necessary expenses incurred
in the performance of their duties. The expenses shall be
reimbursed at least monthly upon proper certification by the
court.
The supplies or repairs necessary to maintain, operate and
conduct the shelter care home and the detention home shall be
furnished upon the requisition of its administrator to the
chairman of a committee as may be designated by the county
board, and the bills therefor shall be audited, passed upon
and paid as other bills for supplies furnished for county
institutions.
(b) Within 180 days after the effective date of this

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amendatory Act of the 95th General Assembly, the Chief Judge
of the Cook County Circuit Court, or any Judge of that Circuit
designated by the Chief Judge, shall appoint an administrator
to serve as the Superintendent of the Cook County Temporary
Juvenile Detention Center. The Chief Judge of the Cook County
Circuit Court, or any Judge of that Circuit designated by the
Chief Judge shall appoint all other necessary personnel of any
the Cook County Juvenile Temporary Detention Center and any
other shelter care home or detention home in Cook County in
accordance with subsections (a) and (d) of this Section. The
term of the administrator and any personnel in office upon the
effective date of this amendatory Act of the 95th General
Assembly shall terminate upon the appointment of his or her
successor.
(c) The Chief Judge of the Cook County Circuit Court, or
any Judge of that Circuit designated by the Chief Judge, shall
have administrative control over the budget of the Cook County
Juvenile Temporary Detention Center and any other shelter care
home or detention home in Cook County, subject to the approval
of the Cook County Board and in accordance with subsections
(a) and (d) of this Section.
(d) The supplies or repairs necessary to maintain,
operate, and conduct the shelter care home and the detention
home shall be furnished upon the requisition of its
administrator to the chairman of a committee as may be
designated by the county board, however in Cook County the

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administrator shall submit such requisitions to the County
Board and Office of the Purchasing Agent in accordance with
the ordinances established by the Cook County Board. Those
bills shall be audited, passed upon and paid as other bills for
supplies furnished for county institutions.
(Source: P.A. 95-194, eff. 1-1-08.)
(55 ILCS 75/10) (from Ch. 23, par. 2690)
Sec. 10. This Act shall be known and may be cited as the
"County Shelter Care and Detention Home Act".
(Source: P.A. 81-469.)
Section 15. The School Code is amended by changing Section
34-2.4b as follows:
(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. Beginning
with the first local school council election that occurs after
the effective date of this amendatory Act of the 102nd General
Assembly, the provisions of Sections 34-2.1, 34-2.2, 34-2.3,
34-2.3a, 34-2.4 and 34-8.3 and those provisions of paragraph 1
of Section 34-18 and paragraph (c) of Section 34A-201a
relating to the allocation or application -- by formula or
otherwise -- of lump sum amounts and other funds to attendance
centers shall not apply to the Cook County Juvenile Detention
Center and Cook County Jail schools, nor to the district's

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alternative schools for pregnant girls, nor to alternative
schools established under Article 13A, nor to a contract
school, nor to the Michael R. Durso School, the Jackson Adult
Center, the Hillard Adult Center, the Alternative Transitional
School, or any other attendance center designated by the Board
as an alternative school, nor to any school established as a
teacher training academy, nor to any school with a specialty
2-year programming model, nor to any school established as a
one-year school or program, nor to any school with a specialty
student focus or transient student population, provided that
the designation is not applied to an attendance center that
has in place a legally constituted local school council,
except for contract turnaround schools. The board of education
shall have and exercise with respect to those schools and with
respect to the conduct, operation, affairs and budgets of
those schools, and with respect to the principals, teachers
and other school staff there employed, the same powers which
are exercisable by local school councils with respect to the
other attendance centers, principals, teachers and school
staff within the district, together with all powers and duties
generally exercisable by the board of education with respect
to all attendance centers within the district. The board of
education shall develop appropriate alternative methods for
involving parents, community members and school staff to the
maximum extent possible in all of the activities of those
schools, and may delegate to the parents, community members

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and school staff so involved the same powers which are
exercisable by local school councils with respect to other
attendance centers.
(Source: P.A. 102-677, eff. 12-3-21.)
Section 20. The Illinois Public Aid Code is amended by
changing Section 1-8.5 as follows:
(305 ILCS 5/1-8.5)
Sec. 1-8.5. Eligibility for medical assistance during
periods of incarceration or detention.
(a) To the extent permitted by federal law and
notwithstanding any other provision of this Code, the
Department of Healthcare and Family Services shall not cancel
a person's eligibility for medical assistance, nor shall the
Department deny a person's application for medical assistance,
solely because that person has become or is an inmate of a
public institution, including, but not limited to, a county
jail, Department of Juvenile Justice juvenile detention
center, or State correctional facility. The person may be and
remain enrolled for medical assistance as long as all other
eligibility criteria are met.
(b) The Department may adopt rules to permit a person to
apply for medical assistance while he or she is an inmate of a
public institution as described in subsection (a). The rules
may limit applications to persons who would be likely to

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qualify for medical assistance if they resided in the
community. Any such person who is not already enrolled for
medical assistance may apply for medical assistance prior to
the date of scheduled release or discharge from a penal
institution or county jail or similar status.
(c) Except as provided under Section 17 of the County Jail
Act, the Department shall not be responsible to provide
medical assistance under this Code for any medical care,
services, or supplies provided to a person while he or she is
an inmate of a public institution as described in subsection
(a). The responsibility for providing medical care shall
remain as otherwise provided by law with the Department of
Corrections, county, or other arresting authority. The
Department may seek federal financial participation, to the
extent that it is available and with the cooperation of the
Department of Juvenile Justice, the Department of Corrections,
or the relevant county, for the costs of those services.
(d) To the extent permitted under State and federal law,
the Department shall develop procedures to expedite required
periodic reviews of continued eligibility for persons
described in subsection (a).
(e) Counties, the Department of Juvenile Justice, the
Department of Human Services, and the Department of
Corrections shall cooperate with the Department in
administering this Section. That cooperation shall include
managing eligibility processing and sharing information

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sufficient to inform the Department, in a manner established
by the Department, that a person enrolled in the medical
assistance program has been detained or incarcerated.
(f) The Department shall resume responsibility for
providing medical assistance upon release of the person to the
community as long as all of the following apply:
(1) The person is enrolled for medical assistance at
the time of release.
(2) Neither a county, the Department of Juvenile
Justice, the Department of Corrections, nor any other
criminal justice authority continues to bear
responsibility for the person's medical care.
(3) The county, the Department of Juvenile Justice, or
the Department of Corrections provides timely notice of
the date of release in a manner established by the
Department.
(g) This Section applies on and after December 31, 2011.
(Source: P.A. 98-139, eff. 1-1-14; 99-415, eff. 8-20-15.)
Section 25. The Juvenile Court Act of 1987 is amended by
changing Sections 5-145, 5-750, and 5-7A-105 as follows:
(705 ILCS 405/5-145)
Sec. 5-145. Cooperation of agencies; Serious Habitual
Offender Comprehensive Action Program.
(a) The Serious Habitual Offender Comprehensive Action

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Program (SHOCAP) is a multi-disciplinary interagency case
management and information sharing system that enables the
juvenile justice system, schools, and social service agencies
to make more informed decisions regarding a small number of
juveniles who repeatedly commit serious delinquent acts.
(b) Each county in the State of Illinois, other than Cook
County, may establish a multi-disciplinary agency (SHOCAP)
committee. In Cook County, each subcircuit or group of
subcircuits may establish a multi-disciplinary agency (SHOCAP)
committee. The committee shall consist of representatives from
the following agencies: local law enforcement, area school
district, state's attorney's office, and court services
(probation).
The chairman may appoint additional members to the
committee as deemed appropriate to accomplish the goals of
this program, including, but not limited to, representatives
from the Department of Juvenile Justice juvenile detention
center, mental health, the Illinois Department of Children and
Family Services, Department of Human Services and community
representatives at large.
(c) The SHOCAP committee shall adopt, by a majority of the
members:
(1) criteria that will identify those who qualify as a
serious habitual juvenile offender; and
(2) a written interagency information sharing
agreement to be signed by the chief executive officer of

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each of the agencies represented on the committee. The
interagency information sharing agreement shall include a
provision that requires that all records pertaining to a
serious habitual offender (SHO) shall be confidential.
Disclosure of information may be made to other staff from
member agencies as authorized by the SHOCAP committee for
the furtherance of case management and tracking of the
SHO. Staff from the member agencies who receive this
information shall be governed by the confidentiality
provisions of this Act. The staff from the member agencies
who will qualify to have access to the SHOCAP information
must be limited to those individuals who provide direct
services to the SHO or who provide supervision of the SHO.
(d) The Chief Juvenile Circuit Judge, or the Chief Circuit
Judge, or his or her designee, may issue a comprehensive
information sharing court order. The court order shall allow
agencies who are represented on the SHOCAP committee and whose
chief executive officer has signed the interagency information
sharing agreement to provide and disclose information to the
SHOCAP committee. The sharing of information will ensure the
coordination and cooperation of all agencies represented in
providing case management and enhancing the effectiveness of
the SHOCAP efforts.
(e) Any person or agency who is participating in good
faith in the sharing of SHOCAP information under this Act
shall have immunity from any liability, civil, criminal, or

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otherwise, that might result by reason of the type of
information exchanged. For the purpose of any proceedings,
civil or criminal, the good faith of any person or agency
permitted to share SHOCAP information under this Act shall be
presumed.
(f) All reports concerning SHOCAP clients made available
to members of the SHOCAP committee and all records generated
from these reports shall be confidential and shall not be
disclosed, except as specifically authorized by this Act or
other applicable law. It is a Class A misdemeanor to permit,
assist, or encourage the unauthorized release of any
information contained in SHOCAP reports or records.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile
Justice.
(1) Except as provided in subsection (2) of this Section,
when any delinquent has been adjudged a ward of the court under
this Act, the court may commit him or her to the Department of
Juvenile Justice, if it finds that (a) his or her parents,
guardian or legal custodian are unfit or are unable, for some
reason other than financial circumstances alone, to care for,
protect, train or discipline the minor, or are unwilling to do
so, and the best interests of the minor and the public will not
be served by placement under Section 5-740, or it is necessary

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to ensure the protection of the public from the consequences
of criminal activity of the delinquent; and (b) commitment to
the Department of Juvenile Justice is the least restrictive
alternative based on evidence that efforts were made to locate
less restrictive alternatives to secure confinement and the
reasons why efforts were unsuccessful in locating a less
restrictive alternative to secure confinement. Before the
court commits a minor to the Department of Juvenile Justice,
it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors:
(A) Age of the minor.
(B) Criminal background of the minor.
(C) Review of results of any assessments of the minor,
including child centered assessments such as the CANS.
(D) Educational background of the minor, indicating
whether the minor has ever been assessed for a learning
disability, and if so what services were provided as well
as any disciplinary incidents at school.
(E) Physical, mental and emotional health of the
minor, indicating whether the minor has ever been
diagnosed with a health issue and if so what services were
provided and whether the minor was compliant with
services.
(F) Community based services that have been provided
to the minor, and whether the minor was compliant with the
services, and the reason the services were unsuccessful.

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(G) Services within the Department of Juvenile Justice
that will meet the individualized needs of the minor.
(1.5) Before the court commits a minor to the Department
of Juvenile Justice, the court must find reasonable efforts
have been made to prevent or eliminate the need for the minor
to be removed from the home, or reasonable efforts cannot, at
this time, for good cause, prevent or eliminate the need for
removal, and removal from home is in the best interests of the
minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder,
the court shall declare the minor a ward of the court and order
the minor committed to the Department of Juvenile Justice
until the minor's 21st birthday, without the possibility of
aftercare release, furlough, or non-emergency authorized
absence for a period of 5 years from the date the minor was
committed to the Department of Juvenile Justice, except that
the time that a minor spent in custody for the instant offense
before being committed to the Department of Juvenile Justice
shall be considered as time credited towards that 5 year
period. Upon release from a Department facility, a minor
adjudged delinquent for first degree murder shall be placed on
aftercare release until the age of 21, unless sooner
discharged from aftercare release or custodianship is
otherwise terminated in accordance with this Act or as
otherwise provided for by law. Nothing in this subsection (2)

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shall preclude the State's Attorney from seeking to prosecute
a minor as an adult as an alternative to proceeding under this
Act.
(3) Except as provided in subsection (2), the commitment
of a delinquent to the Department of Juvenile Justice shall be
for an indeterminate term which shall automatically terminate
upon the delinquent attaining the age of 21 years or upon
completion of that period for which an adult could be
committed for the same act, whichever occurs sooner, unless
the delinquent is sooner discharged from aftercare release or
custodianship is otherwise terminated in accordance with this
Act or as otherwise provided for by law.
(3.1) After the closure of all juvenile detention centers
in this State and the establishment of the rehabilitation
program by the Department of Juvenile Justice under subsection
(e) of Section 3-2.5-20 of the Unified Code of Corrections,
every minor committed to the Department of Juvenile Justice
must successfully complete a rehabilitation program
established by the Department. The failure of the minor to
successfully complete the program shall result in the minor
remaining in custody of the Department of Juvenile Justice
until the minor's 21st birthday.
(3.5) Every delinquent minor committed to the Department
of Juvenile Justice under this Act shall be eligible for
aftercare release without regard to the length of time the
minor has been confined or whether the minor has served any

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minimum term imposed. Aftercare release shall be administered
by the Department of Juvenile Justice, under the direction of
the Director. Unless sooner discharged, the Department of
Juvenile Justice shall discharge a minor from aftercare
release upon completion of the following aftercare release
terms:
(a) One and a half years from the date a minor is
released from a Department facility, if the minor was
committed for a Class X felony;
(b) One year from the date a minor is released from a
Department facility, if the minor was committed for a
Class 1 or 2 felony; and
(c) Six months from the date a minor is released from a
Department facility, if the minor was committed for a
Class 3 felony or lesser offense.
(4) When the court commits a minor to the Department of
Juvenile Justice, it shall order him or her conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The
clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the

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Department:
(a) the sentencing order and copies of committing
petition;
(b) all reports;
(c) the court's statement of the basis for ordering
the disposition;
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse treatment
eligibility screening and assessment of the minor by an
agent designated by the State to provide assessment
services for the courts;
(f) the number of days, if any, which the minor has
been in custody and for which he or she is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(g) any medical or mental health records or summaries
of the minor;
(h) the municipality where the arrest of the minor
occurred, the commission of the offense occurred, and the
minor resided at the time of commission;
(h-5) a report detailing the minor's criminal history
in a manner and form prescribed by the Department of
Juvenile Justice;
(i) all additional matters which the court directs the
clerk to transmit; and
(j) all police reports for sex offenses as defined by

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the Sex Offender Management Board Act.
(6) Whenever the Department of Juvenile Justice lawfully
discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating his or her custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to
the Department of Juvenile Justice who resides in this State
is charged under the criminal laws of this State, the criminal
laws of any other state, or federal law with an offense that
could result in a sentence of imprisonment within the
Department of Corrections, the penal system of any state, or
the federal Bureau of Prisons, the commitment to the
Department of Juvenile Justice and all rights and duties
created by that commitment are automatically suspended pending
final disposition of the criminal charge. If the minor is
found guilty of the criminal charge and sentenced to a term of
imprisonment in the penitentiary system of the Department of
Corrections, the penal system of any state, or the federal
Bureau of Prisons, the commitment to the Department of
Juvenile Justice shall be automatically terminated. If the
criminal charge is dismissed, the minor is found not guilty,
or the minor completes a criminal sentence other than
imprisonment within the Department of Corrections, the penal
system of any state, or the federal Bureau of Prisons, the

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previously imposed commitment to the Department of Juvenile
Justice and the full aftercare release term shall be
automatically reinstated unless custodianship is sooner
terminated. Nothing in this subsection (7) shall preclude the
court from ordering another sentence under Section 5-710 of
this Act or from terminating the Department's custodianship
while the commitment to the Department is suspended.
(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
(705 ILCS 405/5-7A-105)
Sec. 5-7A-105. Definitions. As used in this Article:
(a) "Approved electronic monitoring device" means a device
approved by the supervising authority that is primarily
intended to record or transmit information as to the minor's
presence or nonpresence in the home. An approved electronic
monitoring device may record or transmit: oral or wire
communications or an auditory sound; visual images; or
information regarding the minor's activities while inside the
offender's home. These devices are subject to the required
consent as set forth in Section 5-7A-125 of this Article. An
approved electronic monitoring device may be used to record a
conversation between the participant and the monitoring
device, or the participant and the person supervising the
participant solely for the purpose of identification and not
for the purpose of eavesdropping or conducting any other
illegally intrusive monitoring.

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(b) "Excluded offenses" means any act if committed by an
adult would constitute first degree murder, escape, aggravated
criminal sexual assault, criminal sexual assault, aggravated
battery with a firearm, bringing or possessing a firearm,
ammunition, or explosive in a penal institution, any "Super-X"
drug offense or calculated criminal drug conspiracy or
streetgang criminal drug conspiracy, or any predecessor or
successor offenses with the same or substantially the same
elements, or any inchoate offenses relating to the foregoing
offenses.
(c) "Home detention" means the confinement of a minor
adjudicated delinquent or subject to an adjudicatory hearing
under Article V for an act that if committed by an adult would
be an offense to his or her place of residence under the terms
and conditions established by the supervising authority.
(d) "Participant" means a minor placed into an electronic
monitoring program.
(e) "Supervising authority" means the Department of
Juvenile Justice, probation supervisory authority, sheriff,
superintendent of a juvenile detention center, or any other
officer or agency charged with authorizing and supervising
home detention.
(f) "Super-X drug offense" means a violation of clause
(a)(1)(B), (C), or (D) of Section 401; clause (a)(2)(B), (C),
or (D) of Section 401; clause (a)(3)(B), (C), or (D) of Section
401; or clause (a)(7)(B), (C), or (D) of Section 401 of the

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Illinois Controlled Substances Act.
(Source: P.A. 96-293, eff. 1-1-10.)
Section 30. The Criminal Code of 2012 is amended by
changing Section 12-2 as follows:
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against
an individual who is on or about a public way, public property,
a public place of accommodation or amusement, or a sports
venue, or in a church, synagogue, mosque, or other building,
structure, or place used for religious worship.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60
years of age or older and the assault is without legal
justification.
(2) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.

SB2361 - 23 - LRB103 28331 RLC 54710 b
(4) A community policing volunteer, private security
officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical services personnel:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A Department of Juvenile Justice correctional
institution employee, a county juvenile detention center
employee who provides direct and continuous supervision of
residents of a Department of Juvenile Justice juvenile
detention center, including a county juvenile detention
center employee who supervises recreational activity for

SB2361 - 24 - LRB103 28331 RLC 54710 b
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services
officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports
venue, on an indoor playing field or outdoor playing
field, or within the immediate vicinity of such a facility
or field.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.
(c) Offense based on use of firearm, device, or motor

SB2361 - 25 - LRB103 28331 RLC 54710 b
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act, or any device manufactured
and designed to be substantially similar in appearance to
a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device
attached to a firearm, or used in concert with a firearm,
so that the laser beam strikes near or in the immediate
vicinity of any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical services personnel,
employee of a police department, employee of a sheriff's
department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his

SB2361 - 26 - LRB103 28331 RLC 54710 b
or her official duties.
(7) Without justification operates a motor vehicle in
a manner which places a person, other than a person listed
in subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in
a manner which places a person listed in subdivision
(b)(4), in reasonable apprehension of being struck by the
moving motor vehicle.
(9) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
that aggravated assault as defined in subdivision (b)(4) and
(b)(7) is a Class 4 felony if a Category I, Category II, or
Category III weapon is used in the commission of the assault.
Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
4 felony. Aggravated assault as defined in subdivision (c)(3)
or (c)(8) is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon",
"Category II weapon", and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this
Code.
(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)

SB2361 - 27 - LRB103 28331 RLC 54710 b
Section 35. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-2.5-20, and 3-19-5 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.
(1) In addition to the powers, duties, and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment, and
rehabilitation, and to accept federal prisoners and
noncitizens over whom the Office of the Federal Detention
Trustee is authorized to exercise the federal detention
function for limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services),
the Department of Corrections shall develop a master plan
for the screening and evaluation of persons committed to
its custody who have alcohol or drug abuse problems, and
for making appropriate treatment available to such

SB2361 - 28 - LRB103 28331 RLC 54710 b
persons; the Department shall report to the General
Assembly on such plan not later than April 1, 1987. The
maintenance and implementation of such plan shall be
contingent upon the availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Illinois
State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his
or her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department

SB2361 - 29 - LRB103 28331 RLC 54710 b
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter
into an agreement of the type described in subsection (d)
of Section 405-300 of the Department of Central Management
Services Law. The Department shall designate those
institutions which shall constitute the State Penitentiary
System. The Department of Juvenile Justice shall maintain
and administer all State youth centers pursuant to
subsection (d) of Section 3-2.5-20.
Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,
remodeling, or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling, or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not
less than the time needed to retire any revenue bonds used
to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to

SB2361 - 30 - LRB103 28331 RLC 54710 b
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) (Blank). To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation, and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(d-10) To provide educational and visitation
opportunities to committed persons within its institutions
through temporary access to content-controlled tablets

SB2361 - 31 - LRB103 28331 RLC 54710 b
that may be provided as a privilege to committed persons
to induce or reward compliance.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up
the trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary
of Transportation. The prisoners used on this program
shall be selected by the Director of Corrections on
whatever basis he deems proper in consideration of their
term, behavior and earned eligibility to participate in
such program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson, or
a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The

SB2361 - 32 - LRB103 28331 RLC 54710 b
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics, and
planning.
(h) To investigate the grievances of any person
committed to the Department and to inquire into any
alleged misconduct by employees or committed persons; and
for these purposes it may issue subpoenas and compel the
attendance of witnesses and the production of writings and
papers, and may examine under oath any witnesses who may
appear before it; to also investigate alleged violations
of a parolee's or releasee's conditions of parole or
release; and for this purpose it may issue subpoenas and
compel the attendance of witnesses and the production of
documents only if there is reason to believe that such
procedures would provide evidence that such violations
have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit

SB2361 - 33 - LRB103 28331 RLC 54710 b
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees
or alleged violations of a parolee's or releasee's
conditions of parole shall be conservators of the peace
for those purposes, and shall have the full power of peace
officers outside of the facilities of the Department in
the protection, arrest, retaking, and reconfining of
committed persons or where the exercise of such power is
necessary to the investigation of such misconduct or
violations. This subsection shall not apply to persons
committed to the Department of Juvenile Justice under the
Juvenile Court Act of 1987 on aftercare release.
(j) To cooperate with other departments and agencies
and with local communities for the development of
standards and programs for better correctional services in
this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the

SB2361 - 34 - LRB103 28331 RLC 54710 b
committed persons, institutions, and programs of the
Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the
rules governing their conduct while in work release. This
program shall not apply to those persons who have

SB2361 - 35 - LRB103 28331 RLC 54710 b
committed a new offense while serving on parole or
mandatory supervised release or while committed to work
release.
Elements of the program shall include, but shall not
be limited to, the following:
(1) The staff of a diversion facility shall
provide supervision in accordance with required
objectives set by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational, and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol

SB2361 - 36 - LRB103 28331 RLC 54710 b
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing
inter-gang affiliation or alliance; and (3) the current
leaders in each gang. The Department shall promptly
segregate leaders from inmates who belong to their gangs
and allied gangs. "Segregate" means no physical contact
and, to the extent possible under the conditions and space
available at the correctional facility, prohibition of
visual and sound communication. For the purposes of this
paragraph (r-10), "leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in

SB2361 - 37 - LRB103 28331 RLC 54710 b
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are
disruptive or dangerous and provide for the safety and
security of the staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a

SB2361 - 38 - LRB103 28331 RLC 54710 b
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed
to the Department absconds or absents himself or herself,
without authority to do so, from any facility or program
to which he or she is assigned. The order shall be
certified by the Director, the Supervisor of the
Apprehension Unit, or any person duly designated by the
Director, with the seal of the Department affixed. The
order shall be directed to all sheriffs, coroners, and
police officers, or to any particular person named in the
order. Any order issued pursuant to this subdivision
(1)(u-5) shall be sufficient warrant for the officer or
person named in the order to arrest and deliver the
committed person to the proper correctional officials and
shall be executed the same as criminal process.
(u-6) To appoint a point of contact person who shall
receive suggestions, complaints, or other requests to the
Department from visitors to Department institutions or
facilities and from other members of the public.

SB2361 - 39 - LRB103 28331 RLC 54710 b
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(3) When the Department lets bids for contracts for
medical services to be provided to persons committed to
Department facilities by a health maintenance organization,
medical service corporation, or other health care provider,
the bid may only be let to a health care provider that has
obtained an irrevocable letter of credit or performance bond
issued by a company whose bonds have an investment grade or
higher rating by a bond rating organization.
(4) When the Department lets bids for contracts for food
or commissary services to be provided to Department
facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds
have an investment grade or higher rating by a bond rating
organization.
(5) 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

SB2361 - 40 - LRB103 28331 RLC 54710 b
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. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1030, eff. 5-27-22.)
(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 is
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

SB2361 - 41 - LRB103 28331 RLC 54710 b
youth centers previously under the control of the Juvenile
and Women's & Children Divisions of the Department of
Corrections, and to establish and maintain youth centers
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

SB2361 - 42 - LRB103 28331 RLC 54710 b
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

SB2361 - 43 - LRB103 28331 RLC 54710 b
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.

SB2361 - 44 - LRB103 28331 RLC 54710 b
(d) To maintain and administer all State youth centers and
facilities under its control and to establish new ones as
needed. Pursuant to its power to establish new youth centers
and facilities, the Department may, with the written approval
of the Governor, authorize the Department of Central
Management Services to enter into an agreement of the type
described in subsection (d) of Section 405-300 of the
Department of Central Management Services Law. The Department
shall designate those institutions which shall constitute the
Youth Corrections System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties and
municipalities for the construction, remodeling or conversion
of a structure to be leased to the Department of Juvenile
Justice for the purposes of its serving as a youth center or
facility. Such construction, remodeling or conversion may be
financed with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county. The
lease specified in a bid shall be for a term of not less than
the time needed to retire any revenue bonds used to finance the
project, but not to exceed 40 years. The lease may grant to the
State the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify one
or more of the bids and shall submit any such bids to the
General Assembly for approval. Upon approval of a bid by a

SB2361 - 45 - LRB103 28331 RLC 54710 b
constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement with
the county or municipality pursuant to such bid.
(e) Two years after the effective date of this amendatory
Act of the 103rd General Assembly, the Department of Juvenile
Justice shall exercise control and supervision of all county
detention centers in this State. The Department of Juvenile
Justice shall adopt rules to close all juvenile detention
centers in this State and shall establish a rehabilitation
program for minors adjudicated delinquent which must be
completed before the completion of their sentence.
(Source: P.A. 101-219, eff. 1-1-20; 102-350, eff. 8-13-21;
102-558, eff. 8-20-21.)
(730 ILCS 5/3-19-5)
Sec. 3-19-5. Methamphetamine abusers pilot program; the
Department of Juvenile Justice Franklin County Juvenile
Detention Center.
(a) There is created the Methamphetamine Abusers Pilot
Program at the Department of Juvenile Justice Franklin County
Juvenile Detention Center located in Franklin County. The
Program shall be established upon adoption of a resolution or
ordinance by the Franklin County Board and with the consent of
the Secretary of Human Services.
(b) A person convicted of the unlawful possession of

SB2361 - 46 - LRB103 28331 RLC 54710 b
methamphetamine under Section 60 of the Methamphetamine
Control and Community Protection Act, after an assessment by a
designated program licensed under the Substance Use Disorder
Act that the person has a substance use disorder as defined in
the Substance Use Disorder Act and may benefit from treatment
for his or her substance use disorder, may be ordered by the
court to be committed to the Program established under this
Section.
(c) The Program shall consist of medical and psychiatric
treatment for the substance use disorder for a period of at
least 90 days and not to exceed 180 days. A treatment plan for
each person participating in the Program shall be approved by
the court in consultation with the Department of Human
Services. The Secretary of Human Services shall appoint a
Program Administrator to operate the Program who shall be
licensed to provide residential treatment for substance use
disorders.
(d) Persons committed to the Program who are 17 years of
age or older shall be separated from minors under 17 years of
age who are detained in the Department of Juvenile Justice
Juvenile Detention Center and there shall be no contact
between them.
(e) Upon the establishment of the Pilot Program, the
Secretary of Human Services shall inform the chief judge of
each judicial circuit of this State of the existence of the
Program and its date of termination.

SB2361 - 47 - LRB103 28331 RLC 54710 b
(f) The Secretary of Human Services, after consultation
with the Program Administrator, shall determine the
effectiveness of the Program in rehabilitating persons with
substance use disorders committed to the Program. The
Secretary shall prepare a report based on his or her
assessment of the effectiveness of the Program and shall
submit the report to the Governor and General Assembly within
one year after January 1, 2006 (the effective date of Public
Act 94-549) and each year thereafter that the Program
continues operation.
(Source: P.A. 100-759, eff. 1-1-19.)
Section 99. Effective date. This Act takes effect 2 years
after becoming law, except that this Section and the
amendatory changes to Section 3-2.5-20 of the Unified Code of
Corrections Act take effect upon becoming law.