Illinois-2023-SB3090-Introduced

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.

LRB103 38195 AWJ 68328 b

A BILL FOR

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1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The County Shelter Care and Detention Home Act

5 is amended by changing Section 2 as follows:

6 (55 ILCS 75/2) (from Ch. 23, par. 2682)

7 Sec. 2. Minimum standards; noncompliance.

8 (a) Each county shelter care home and detention home

9 authorized and established by this Act shall comply with

10 minimum standards established by the Department of Juvenile

11 Justice. No neglected or abused minor, addicted minor,

12 dependent minor or minor requiring authoritative intervention,

13 as defined in the Juvenile Court Act of 1987, or minor alleged

14 to be such, may be detained in any county detention home.

15 (b) If, upon notice of noncompliance with the minimum

16 standards by the Department of Juvenile Justice, the county

17 shelter care home and detention home does not come into

18 compliance within 3 months of the notice, the Director of

19 Juvenile Justice may impose a civil penalty of $100,000 for

20 each violation of the minimum standards or instance of

21 noncompliance in the 3 months after the date of the notice

22 after a hearing conducted by the Department of Juvenile

23 Justice after providing at least 30 days' notice to the county

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1 board or board of county commissioners. The Attorney General

2 or the State's Attorney of the county where the noncompliance

3 occurred may file an action to enforce a civil penalty imposed

4 under this subsection. The Director of Juvenile Justice shall

5 impose a civil penalty under this subsection every 3 months

6 for the duration of noncompliance for every violation or

7 instance of noncompliance.

8 Civil penalties imposed under this subsection shall be

9 deposited into the Redeploy Illinois Program Fund, a special

10 fund special fund that is created in the State treasury, and,

11 subject to civil penalties being deposited into the fund,

12 shall be dispensed as directed by the Director of the

13 Department of Juvenile Justice to be expended for the use in

14 the Redeploy Illinois Program.

15 (Source: P.A. 94-696, eff. 6-1-06.)

16 Section 10. The Unified Code of Corrections is amended by

17 changing Section 3-15-2 and by adding Section 3-2.5-105 as

18 follows:

19 (730 ILCS 5/3-2.5-105 new)

20 Sec. 3-2.5-105. Juvenile Detention Center Strategic

21 Utilization Task Force.

22 (a) The Juvenile Detention Center Strategic Utilization

23 Task Force is created. The purpose of the Task Force is to

24 review and study the necessity of juvenile detention centers,

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1 complaints that arise out of the county juvenile detention

2 centers in the State of Illinois, and community-based

3 alternatives to juvenile detention.

4 (b) The Task Force shall consist of the following members:

5 (1) A member of the Senate appointed by the President

6 of the Senate.

7 (2) A member of the Senate appointed by the Minority

8 Leader of the Senate.

9 (3) A member of the House appointed by the Speaker of

10 the House.

11 (4) A member of the House appointed by the Minority

12 Leader of the House.

13 (5) A member appointed by the Director of Juvenile

14 Justice.

15 (6) A member appointed by the Director of Human

16 Rights.

17 (7) A member appointed by the Independent Juvenile

18 Ombudsman.

19 (8) A member appointed by the Independent Juvenile

20 Ombudsman who represents an organization that advocates

21 for a community-based rehabilitation or systems impacted

22 individuals.

23 (9) A member appointed by the Independent Juvenile

24 Ombudsman who represents an organization that advocates

25 for juvenile justice reform.

26 (10) A member appointed by the Illinois Juvenile

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1 Justice Commission.

2 (11) A member appointed by the Director of the

3 Governor's Office of Management and Budget.

4 (12) Two members appointed by the Lieutenant Governor

5 who are members of a county board of a county operating a

6 county detention facility.

7 (13) Two members appointed by the Director of Juvenile

8 Justice who are over the age 18 and who have served any

9 amount of time in a county juvenile detention facility.

10 (c) Appointments to the Task Force shall be made within 30

11 days after the effective date of this amendatory act of the

12 103rd General Assembly. Members shall serve without

13 compensation.

14 (d) The Task Force shall meet at the call of a cochair at

15 least quarterly to fulfill its duties. The members appointed

16 by the Senate President and Speaker of the House of

17 Representatives shall serve as cochairs of the Task Force.

18 (e) The Task Force has the following duties:

19 (1) engage community organizations, interested groups,

20 and members of the public for the purpose of assessing:

21 (A) community-based alternatives to detention and

22 the adoption and implementation of such alternatives;

23 (B) the needs of juveniles detained in county

24 detention facilities;

25 (C) strategic planning for a transition away from

26 juvenile detention facilities; and

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1 (D) if there would be a benefit for the State to

2 run detention centers for persons awaiting sentencing

3 or court determination for extreme cases in lieu of

4 counties providing this service;

5 (2) review available research and data on the benefits

6 of community-based alternatives to detention vs the

7 benefits of juvenile detention;

8 (3) review complaints and instances of noncompliance

9 arising out of each county juvenile detention facility in

10 the State; and

11 (4) make recommendations or suggestions for changes to

12 the County Shelter Care Home and Detention Home Act and

13 the Unified Code of Corrections, including changes and

14 improvements to the juvenile detention system.

15 (f) On or before January 1, 2025, the Task Force shall

16 publish a final report of its findings and recommendations.

17 The report shall, at a minimum, detail findings and

18 recommendations related to the duties of the Task Force and

19 the following:

20 (1) the process and standards used to determine

21 whether a juvenile will be detained in a county facility;

22 (2) information and recommendations on detention

23 facility standards, including how to ensure compliance

24 with minimum standards, which facilities are chronically

25 noncompliant and reasons for noncompliance, including

26 specific instances of noncompliance, and penalties for

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1 noncompliance; and

2 (3) strategic planning suggestions to transition away

3 from juvenile detention.

4 The final report shall be submitted to the General

5 Assembly, the Offices of the Governor and Lieutenant Governor,

6 the Chief Judge of each circuit court operating a county

7 detention facility, the county board of each county operating

8 a county detention facility, and the Office of the Attorney

9 General.

10 (g) The Department of Juvenile Justice shall provide

11 administrative support for the Task Force.

12 (h) This Section is repealed on January 1, 2026.

13 (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)

14 Sec. 3-15-2. Standards and Assistance to Local Jails and

15 Detention and Shelter Care Facilities.

16 (a) The Department of Corrections shall establish for the

17 operation of county and municipal jails and houses of

18 correction, minimum standards for the physical condition of

19 such institutions and for the treatment of inmates with

20 respect to their health and safety and the security of the

21 community.

22 The Department of Juvenile Justice shall establish for the

23 operation of county juvenile detention and shelter care

24 facilities established pursuant to the County Shelter Care and

25 Detention Home Act, minimum standards for the physical

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1 condition of such institutions and for the treatment of

2 juveniles with respect to their health and safety and the

3 security of the community.

4 Such standards shall not apply to county shelter care

5 facilities which were in operation prior to January 1, 1980.

6 Such standards shall not seek to mandate minimum floor space

7 requirements for each inmate housed in cells and detention

8 rooms in county and municipal jails and houses of correction.

9 However, no more than two inmates may be housed in a single

10 cell or detention room.

11 When an inmate is tested for an airborne communicable

12 disease, as determined by the Illinois Department of Public

13 Health including but not limited to tuberculosis, the results

14 of the test shall be personally delivered by the warden or his

15 or her designee in a sealed envelope to the judge of the court

16 in which the inmate must appear for the judge's inspection in

17 camera if requested by the judge. Acting in accordance with

18 the best interests of those in the courtroom, the judge shall

19 have the discretion to determine what if any precautions need

20 to be taken to prevent transmission of the disease in the

21 courtroom.

22 (b) At least once each year, the Department of Corrections

23 may inspect each adult facility for compliance with the

24 standards established and the results of such inspection shall

25 be made available by the Department for public inspection. At

26 least once each year, the Department of Juvenile Justice shall

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1 inspect each county juvenile detention and shelter care

2 facility for compliance with the standards established, and

3 the Department of Juvenile Justice shall make the results of

4 such inspections available for public inspection. If any

5 detention, shelter care or correctional facility does not

6 comply with the standards established, the Director of

7 Corrections or the

Director of Juvenile Justice, as the case

8 may be, shall give notice to the county board and the sheriff

9 or the corporate authorities of the municipality, as the case

10 may be, of such noncompliance, specifying the particular

11 standards that have not been met by such facility. If the

12 facility is not in compliance with such standards when 3 ~~six~~

13 months have elapsed from the giving of such notice, the

14 Director of Corrections or the Director of Juvenile Justice,

15 as the case may be, may petition the appropriate court for an

16 order requiring such facility to comply with the standards

17 established by the Department or for other appropriate relief.

18 (c) The Department of Corrections may provide consultation

19 services for the design, construction, programs and

20 administration of correctional facilities and services for

21 adults operated by counties and municipalities and may make

22 studies and surveys of the programs and the administration of

23 such facilities. Personnel of the Department shall be admitted

24 to these facilities as required for such purposes. The

25 Department may develop and administer programs of

26 grants-in-aid for correctional services in cooperation with

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1 local agencies. The Department may provide courses of training

2 for the personnel of such institutions and conduct pilot

3 projects in the institutions.

4 (c-5) The Department of Juvenile Justice may provide

5 consultation services for the design, construction, programs,

6 and administration of detention and shelter care services for

7 children operated by counties and municipalities and may make

8 studies and surveys of the programs and the administration of

9 such facilities. Personnel of the Department of Juvenile

10 Justice shall be admitted to these facilities as required for

11 such purposes. The Department of Juvenile Justice may develop

12 and administer programs of grants-in-aid for juvenile

13 correctional services in cooperation with local agencies. The

14 Department of Juvenile Justice may provide courses of training

15 for the personnel of such institutions and conduct pilot

16 projects in the institutions.

17 (d) The Department is authorized to issue reimbursement

18 grants for counties, municipalities or public building

19 commissions for the purpose of meeting minimum correctional

20 facilities standards set by the Department under this Section.

21 Grants may be issued only for projects that were completed

22 after July 1, 1980 and initiated prior to January 1, 1987.

23 (1) Grants for regional correctional facilities shall

24 not exceed 90% of the project costs or $7,000,000,

25 whichever is less.

26 (2) Grants for correctional facilities by a single

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1 county, municipality or public building commission shall

2 not exceed 75% of the proposed project costs or

3 $4,000,000, whichever is less.

4 (3) As used in this subsection (d), "project" means

5 only that part of a facility that is constructed for jail,

6 correctional or detention purposes and does not include

7 other areas of multi-purpose buildings.

8 Construction or renovation grants are authorized to be

9 issued by the Capital Development Board from capital

10 development bond funds after application by a county or

11 counties, municipality or municipalities or public building

12 commission or commissions and approval of a construction or

13 renovation grant by the Department for projects initiated

14 after January 1, 1987.

15 (e) The Department of Corrections shall adopt standards

16 for county jails to hold juveniles on a temporary basis, as

17 provided in Section 5-410 of the Juvenile Court Act of 1987.

18 These standards shall include monitoring, educational,

19 recreational, and disciplinary standards as well as access to

20 medical services, crisis intervention, mental health services,

21 suicide prevention, health care, nutritional needs, and

22 visitation rights. The Department of Corrections shall also

23 notify any county applying to hold juveniles in a county jail

24 of the standards for juvenile detention under Section 5-410 of

25 the Juvenile Court Act of 1987.

26 (Source: P.A. 98-685, eff. 1-1-15.)

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1 Section 15. The State Finance Act is amended by adding

2 Section 5.1015 as follows:

3 (30 ILCS 105/5.1015 new)

4 Sec. 5.1015. The Redeploy Illinois Program Fund.