Bill Text: IL SB3090 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the County Shelter Care and Detention Home Act. Provides that the Director of Juvenile Justice may impose a civil penalty of $100,000 for each violation of the minimum standards or instance of noncompliance in the 3 months after the date of the notice from the Department and after a hearing conducted by the Department of Juvenile Justice after providing at least 30 days' notice to the county board or board of county commissioners. Allows for enforcement of the civil penalty in circuit court and for the civil penalty to be deposited into the Redeploy Illinois Program Fund. Amends the State Finance Act to create the Redeploy Illinois Program Fund. Amends the Unified Code of Corrections. Creates the Juvenile Detention Center Strategic Utilization Task Force to review and study the necessity of juvenile detention centers, complaints that arise out of the county juvenile detention centers in the State of Illinois, and community-based alternatives to juvenile detention. Includes provisions about Task Force membership and duties. Repeals the provisions on January 1, 2026. Provides that, if a county juvenile detention and shelter care facility is not in compliance with the Department of Juvenile Justice's standards after 3 (rather than 6) months have elapsed from the giving of a notice of noncompliance, the Director of Corrections or the Director of Juvenile Justice may petition the appropriate court for an order requiring such facility to comply with the standards established by the Department or for other appropriate relief. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-02 - Referred to Assignments [SB3090 Detail]

Download: Illinois-2023-SB3090-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3090 Introduced 2/2/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
55 ILCS 75/2 from Ch. 23, par. 2682
730 ILCS 5/3-2.5-105 new
730 ILCS 5/3-15-2 from Ch. 38, par. 1003-15-2
30 ILCS 105/5.1015 new
Amends the County Shelter Care and Detention Home Act. Provides that the Director of Juvenile Justice may impose a civil penalty of $100,000 for each violation of the minimum standards or instance of noncompliance in the 3 months after the date of the notice from the Department and after a hearing conducted by the Department of Juvenile Justice after providing at least 30 days' notice to the county board or board of county commissioners. Allows for enforcement of the civil penalty in circuit court and for the civil penalty to be deposited into the Redeploy Illinois Program Fund. Amends the State Finance Act to create the Redeploy Illinois Program Fund. Amends the Unified Code of Corrections. Creates the Juvenile Detention Center Strategic Utilization Task Force to review and study the necessity of juvenile detention centers, complaints that arise out of the county juvenile detention centers in the State of Illinois, and community-based alternatives to juvenile detention. Includes provisions about Task Force membership and duties. Repeals the provisions on January 1, 2026. Provides that, if a county juvenile detention and shelter care facility is not in compliance with the Department of Juvenile Justice's standards after 3 (rather than 6) months have elapsed from the giving of a notice of noncompliance, the Director of Corrections or the Director of Juvenile Justice may petition the appropriate court for an order requiring such facility to comply with the standards established by the Department or for other appropriate relief. Effective immediately.
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A BILL FOR
SB3090 LRB103 38195 AWJ 68328 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The County Shelter Care and Detention Home Act
is amended by changing Section 2 as follows:
(55 ILCS 75/2) (from Ch. 23, par. 2682)
Sec. 2. Minimum standards; noncompliance.
(a) Each county shelter care home and detention home
authorized and established by this Act shall comply with
minimum standards established by the Department of Juvenile
Justice. No neglected or abused minor, addicted minor,
dependent minor or minor requiring authoritative intervention,
as defined in the Juvenile Court Act of 1987, or minor alleged
to be such, may be detained in any county detention home.
(b) If, upon notice of noncompliance with the minimum
standards by the Department of Juvenile Justice, the county
shelter care home and detention home does not come into
compliance within 3 months of the notice, the Director of
Juvenile Justice may impose a civil penalty of $100,000 for
each violation of the minimum standards or instance of
noncompliance in the 3 months after the date of the notice
after a hearing conducted by the Department of Juvenile
Justice after providing at least 30 days' notice to the county

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board or board of county commissioners. The Attorney General
or the State's Attorney of the county where the noncompliance
occurred may file an action to enforce a civil penalty imposed
under this subsection. The Director of Juvenile Justice shall
impose a civil penalty under this subsection every 3 months
for the duration of noncompliance for every violation or
instance of noncompliance.
Civil penalties imposed under this subsection shall be
deposited into the Redeploy Illinois Program Fund, a special
fund special fund that is created in the State treasury, and,
subject to civil penalties being deposited into the fund,
shall be dispensed as directed by the Director of the
Department of Juvenile Justice to be expended for the use in
the Redeploy Illinois Program.
(Source: P.A. 94-696, eff. 6-1-06.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-15-2 and by adding Section 3-2.5-105 as
follows:
(730 ILCS 5/3-2.5-105 new)
Sec. 3-2.5-105. Juvenile Detention Center Strategic
Utilization Task Force.
(a) The Juvenile Detention Center Strategic Utilization
Task Force is created. The purpose of the Task Force is to
review and study the necessity of juvenile detention centers,

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complaints that arise out of the county juvenile detention
centers in the State of Illinois, and community-based
alternatives to juvenile detention.
(b) The Task Force shall consist of the following members:
(1) A member of the Senate appointed by the President
of the Senate.
(2) A member of the Senate appointed by the Minority
Leader of the Senate.
(3) A member of the House appointed by the Speaker of
the House.
(4) A member of the House appointed by the Minority
Leader of the House.
(5) A member appointed by the Director of Juvenile
Justice.
(6) A member appointed by the Director of Human
Rights.
(7) A member appointed by the Independent Juvenile
Ombudsman.
(8) A member appointed by the Independent Juvenile
Ombudsman who represents an organization that advocates
for a community-based rehabilitation or systems impacted
individuals.
(9) A member appointed by the Independent Juvenile
Ombudsman who represents an organization that advocates
for juvenile justice reform.
(10) A member appointed by the Illinois Juvenile

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Justice Commission.
(11) A member appointed by the Director of the
Governor's Office of Management and Budget.
(12) Two members appointed by the Lieutenant Governor
who are members of a county board of a county operating a
county detention facility.
(13) Two members appointed by the Director of Juvenile
Justice who are over the age 18 and who have served any
amount of time in a county juvenile detention facility.
(c) Appointments to the Task Force shall be made within 30
days after the effective date of this amendatory act of the
103rd General Assembly. Members shall serve without
compensation.
(d) The Task Force shall meet at the call of a cochair at
least quarterly to fulfill its duties. The members appointed
by the Senate President and Speaker of the House of
Representatives shall serve as cochairs of the Task Force.
(e) The Task Force has the following duties:
(1) engage community organizations, interested groups,
and members of the public for the purpose of assessing:
(A) community-based alternatives to detention and
the adoption and implementation of such alternatives;
(B) the needs of juveniles detained in county
detention facilities;
(C) strategic planning for a transition away from
juvenile detention facilities; and

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(D) if there would be a benefit for the State to
run detention centers for persons awaiting sentencing
or court determination for extreme cases in lieu of
counties providing this service;
(2) review available research and data on the benefits
of community-based alternatives to detention vs the
benefits of juvenile detention;
(3) review complaints and instances of noncompliance
arising out of each county juvenile detention facility in
the State; and
(4) make recommendations or suggestions for changes to
the County Shelter Care Home and Detention Home Act and
the Unified Code of Corrections, including changes and
improvements to the juvenile detention system.
(f) On or before January 1, 2025, the Task Force shall
publish a final report of its findings and recommendations.
The report shall, at a minimum, detail findings and
recommendations related to the duties of the Task Force and
the following:
(1) the process and standards used to determine
whether a juvenile will be detained in a county facility;
(2) information and recommendations on detention
facility standards, including how to ensure compliance
with minimum standards, which facilities are chronically
noncompliant and reasons for noncompliance, including
specific instances of noncompliance, and penalties for

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noncompliance; and
(3) strategic planning suggestions to transition away
from juvenile detention.
The final report shall be submitted to the General
Assembly, the Offices of the Governor and Lieutenant Governor,
the Chief Judge of each circuit court operating a county
detention facility, the county board of each county operating
a county detention facility, and the Office of the Attorney
General.
(g) The Department of Juvenile Justice shall provide
administrative support for the Task Force.
(h) This Section is repealed on January 1, 2026.
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and
Detention and Shelter Care Facilities.
(a) The Department of Corrections shall establish for the
operation of county and municipal jails and houses of
correction, minimum standards for the physical condition of
such institutions and for the treatment of inmates with
respect to their health and safety and the security of the
community.
The Department of Juvenile Justice shall establish for the
operation of county juvenile detention and shelter care
facilities established pursuant to the County Shelter Care and
Detention Home Act, minimum standards for the physical

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condition of such institutions and for the treatment of
juveniles with respect to their health and safety and the
security of the community.
Such standards shall not apply to county shelter care
facilities which were in operation prior to January 1, 1980.
Such standards shall not seek to mandate minimum floor space
requirements for each inmate housed in cells and detention
rooms in county and municipal jails and houses of correction.
However, no more than two inmates may be housed in a single
cell or detention room.
When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with
the best interests of those in the courtroom, the judge shall
have the discretion to determine what if any precautions need
to be taken to prevent transmission of the disease in the
courtroom.
(b) At least once each year, the Department of Corrections
may inspect each adult facility for compliance with the
standards established and the results of such inspection shall
be made available by the Department for public inspection. At
least once each year, the Department of Juvenile Justice shall

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inspect each county juvenile detention and shelter care
facility for compliance with the standards established, and
the Department of Juvenile Justice shall make the results of
such inspections available for public inspection. If any
detention, shelter care or correctional facility does not
comply with the standards established, the Director of
Corrections or the
Director of Juvenile Justice, as the case
may be, shall give notice to the county board and the sheriff
or the corporate authorities of the municipality, as the case
may be, of such noncompliance, specifying the particular
standards that have not been met by such facility. If the
facility is not in compliance with such standards when 3 six
months have elapsed from the giving of such notice, the
Director of Corrections or the Director of Juvenile Justice,
as the case may be, may petition the appropriate court for an
order requiring such facility to comply with the standards
established by the Department or for other appropriate relief.
(c) The Department of Corrections may provide consultation
services for the design, construction, programs and
administration of correctional facilities and services for
adults operated by counties and municipalities and may make
studies and surveys of the programs and the administration of
such facilities. Personnel of the Department shall be admitted
to these facilities as required for such purposes. The
Department may develop and administer programs of
grants-in-aid for correctional services in cooperation with

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local agencies. The Department may provide courses of training
for the personnel of such institutions and conduct pilot
projects in the institutions.
(c-5) The Department of Juvenile Justice may provide
consultation services for the design, construction, programs,
and administration of detention and shelter care services for
children operated by counties and municipalities and may make
studies and surveys of the programs and the administration of
such facilities. Personnel of the Department of Juvenile
Justice shall be admitted to these facilities as required for
such purposes. The Department of Juvenile Justice may develop
and administer programs of grants-in-aid for juvenile
correctional services in cooperation with local agencies. The
Department of Juvenile Justice may provide courses of training
for the personnel of such institutions and conduct pilot
projects in the institutions.
(d) The Department is authorized to issue reimbursement
grants for counties, municipalities or public building
commissions for the purpose of meeting minimum correctional
facilities standards set by the Department under this Section.
Grants may be issued only for projects that were completed
after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities shall
not exceed 90% of the project costs or $7,000,000,
whichever is less.
(2) Grants for correctional facilities by a single

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county, municipality or public building commission shall
not exceed 75% of the proposed project costs or
$4,000,000, whichever is less.
(3) As used in this subsection (d), "project" means
only that part of a facility that is constructed for jail,
correctional or detention purposes and does not include
other areas of multi-purpose buildings.
Construction or renovation grants are authorized to be
issued by the Capital Development Board from capital
development bond funds after application by a county or
counties, municipality or municipalities or public building
commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated
after January 1, 1987.
(e) The Department of Corrections shall adopt standards
for county jails to hold juveniles on a temporary basis, as
provided in Section 5-410 of the Juvenile Court Act of 1987.
These standards shall include monitoring, educational,
recreational, and disciplinary standards as well as access to
medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and
visitation rights. The Department of Corrections shall also
notify any county applying to hold juveniles in a county jail
of the standards for juvenile detention under Section 5-410 of
the Juvenile Court Act of 1987.
(Source: P.A. 98-685, eff. 1-1-15.)

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Section 15. The State Finance Act is amended by adding
Section 5.1015 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Redeploy Illinois Program Fund.