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

SB3090LRB103 38195 AWJ 68328 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The County Shelter Care and Detention Home Act
5is 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
9authorized and established by this Act shall comply with
10minimum standards established by the Department of Juvenile
11Justice. No neglected or abused minor, addicted minor,
12dependent minor or minor requiring authoritative intervention,
13as defined in the Juvenile Court Act of 1987, or minor alleged
14to be such, may be detained in any county detention home.
15 (b) If, upon notice of noncompliance with the minimum
16standards by the Department of Juvenile Justice, the county
17shelter care home and detention home does not come into
18compliance within 3 months of the notice, the Director of
19Juvenile Justice may impose a civil penalty of $100,000 for
20each violation of the minimum standards or instance of
21noncompliance in the 3 months after the date of the notice
22after a hearing conducted by the Department of Juvenile
23Justice after providing at least 30 days' notice to the county

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1board or board of county commissioners. The Attorney General
2or the State's Attorney of the county where the noncompliance
3occurred may file an action to enforce a civil penalty imposed
4under this subsection. The Director of Juvenile Justice shall
5impose a civil penalty under this subsection every 3 months
6for the duration of noncompliance for every violation or
7instance of noncompliance.
8 Civil penalties imposed under this subsection shall be
9deposited into the Redeploy Illinois Program Fund, a special
10fund special fund that is created in the State treasury, and,
11subject to civil penalties being deposited into the fund,
12shall be dispensed as directed by the Director of the
13Department of Juvenile Justice to be expended for the use in
14the Redeploy Illinois Program.
15(Source: P.A. 94-696, eff. 6-1-06.)
16 Section 10. The Unified Code of Corrections is amended by
17changing Section 3-15-2 and by adding Section 3-2.5-105 as
18follows:
19 (730 ILCS 5/3-2.5-105 new)
20 Sec. 3-2.5-105. Juvenile Detention Center Strategic
21Utilization Task Force.
22 (a) The Juvenile Detention Center Strategic Utilization
23Task Force is created. The purpose of the Task Force is to
24review and study the necessity of juvenile detention centers,

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1complaints that arise out of the county juvenile detention
2centers in the State of Illinois, and community-based
3alternatives 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
11days after the effective date of this amendatory act of the
12103rd General Assembly. Members shall serve without
13compensation.
14 (d) The Task Force shall meet at the call of a cochair at
15least quarterly to fulfill its duties. The members appointed
16by the Senate President and Speaker of the House of
17Representatives 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
16publish a final report of its findings and recommendations.
17The report shall, at a minimum, detail findings and
18recommendations related to the duties of the Task Force and
19the 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
5Assembly, the Offices of the Governor and Lieutenant Governor,
6the Chief Judge of each circuit court operating a county
7detention facility, the county board of each county operating
8a county detention facility, and the Office of the Attorney
9General.
10 (g) The Department of Juvenile Justice shall provide
11administrative 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
15Detention and Shelter Care Facilities.
16 (a) The Department of Corrections shall establish for the
17operation of county and municipal jails and houses of
18correction, minimum standards for the physical condition of
19such institutions and for the treatment of inmates with
20respect to their health and safety and the security of the
21community.
22 The Department of Juvenile Justice shall establish for the
23operation of county juvenile detention and shelter care
24facilities established pursuant to the County Shelter Care and
25Detention Home Act, minimum standards for the physical

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1condition of such institutions and for the treatment of
2juveniles with respect to their health and safety and the
3security of the community.
4 Such standards shall not apply to county shelter care
5facilities which were in operation prior to January 1, 1980.
6Such standards shall not seek to mandate minimum floor space
7requirements for each inmate housed in cells and detention
8rooms in county and municipal jails and houses of correction.
9However, no more than two inmates may be housed in a single
10cell or detention room.
11 When an inmate is tested for an airborne communicable
12disease, as determined by the Illinois Department of Public
13Health including but not limited to tuberculosis, the results
14of the test shall be personally delivered by the warden or his
15or her designee in a sealed envelope to the judge of the court
16in which the inmate must appear for the judge's inspection in
17camera if requested by the judge. Acting in accordance with
18the best interests of those in the courtroom, the judge shall
19have the discretion to determine what if any precautions need
20to be taken to prevent transmission of the disease in the
21courtroom.
22 (b) At least once each year, the Department of Corrections
23may inspect each adult facility for compliance with the
24standards established and the results of such inspection shall
25be made available by the Department for public inspection. At
26least once each year, the Department of Juvenile Justice shall

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1inspect each county juvenile detention and shelter care
2facility for compliance with the standards established, and
3the Department of Juvenile Justice shall make the results of
4such inspections available for public inspection. If any
5detention, shelter care or correctional facility does not
6comply with the standards established, the Director of
7Corrections or the
Director of Juvenile Justice, as the case
8may be, shall give notice to the county board and the sheriff
9or the corporate authorities of the municipality, as the case
10may be, of such noncompliance, specifying the particular
11standards that have not been met by such facility. If the
12facility is not in compliance with such standards when 3 six
13months have elapsed from the giving of such notice, the
14Director of Corrections or the Director of Juvenile Justice,
15as the case may be, may petition the appropriate court for an
16order requiring such facility to comply with the standards
17established by the Department or for other appropriate relief.
18 (c) The Department of Corrections may provide consultation
19services for the design, construction, programs and
20administration of correctional facilities and services for
21adults operated by counties and municipalities and may make
22studies and surveys of the programs and the administration of
23such facilities. Personnel of the Department shall be admitted
24to these facilities as required for such purposes. The
25Department may develop and administer programs of
26grants-in-aid for correctional services in cooperation with

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1local agencies. The Department may provide courses of training
2for the personnel of such institutions and conduct pilot
3projects in the institutions.
4 (c-5) The Department of Juvenile Justice may provide
5consultation services for the design, construction, programs,
6and administration of detention and shelter care services for
7children operated by counties and municipalities and may make
8studies and surveys of the programs and the administration of
9such facilities. Personnel of the Department of Juvenile
10Justice shall be admitted to these facilities as required for
11such purposes. The Department of Juvenile Justice may develop
12and administer programs of grants-in-aid for juvenile
13correctional services in cooperation with local agencies. The
14Department of Juvenile Justice may provide courses of training
15for the personnel of such institutions and conduct pilot
16projects in the institutions.
17 (d) The Department is authorized to issue reimbursement
18grants for counties, municipalities or public building
19commissions for the purpose of meeting minimum correctional
20facilities standards set by the Department under this Section.
21Grants may be issued only for projects that were completed
22after 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
9issued by the Capital Development Board from capital
10development bond funds after application by a county or
11counties, municipality or municipalities or public building
12commission or commissions and approval of a construction or
13renovation grant by the Department for projects initiated
14after January 1, 1987.
15 (e) The Department of Corrections shall adopt standards
16for county jails to hold juveniles on a temporary basis, as
17provided in Section 5-410 of the Juvenile Court Act of 1987.
18These standards shall include monitoring, educational,
19recreational, and disciplinary standards as well as access to
20medical services, crisis intervention, mental health services,
21suicide prevention, health care, nutritional needs, and
22visitation rights. The Department of Corrections shall also
23notify any county applying to hold juveniles in a county jail
24of the standards for juvenile detention under Section 5-410 of
25the 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
2Section 5.1015 as follows:
3 (30 ILCS 105/5.1015 new)
4 Sec. 5.1015. The Redeploy Illinois Program Fund.