Bill Amendment: IL HB4044 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIM PRO-UNFIT DEFENDANT
Status: 2015-08-21 - Public Act . . . . . . . . . 99-0435 [HB4044 Detail]
Download: Illinois-2015-HB4044-Senate_Amendment_001.html
Bill Title: CRIM PRO-UNFIT DEFENDANT
Status: 2015-08-21 - Public Act . . . . . . . . . 99-0435 [HB4044 Detail]
Download: Illinois-2015-HB4044-Senate_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 4044
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| 2 | AMENDMENT NO. ______. Amend House Bill 4044 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
| 5 | changing Section 6-12 as follows:
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| 6 | (705 ILCS 405/6-12)
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| 7 | Sec. 6-12. Juvenile County juvenile justice councils.
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| 8 | (1) Each county, or any group of contiguous counties under | ||||||
| 9 | pursuant to an intergovernmental
agreement or, in
counties | ||||||
| 10 | having a population of 3,000,000 or more, any township, or | ||||||
| 11 | group of those townships, in the State of Illinois may, at the | ||||||
| 12 | initiative of any State's Attorney, Public Defender, court | ||||||
| 13 | services director, probation officer, county board member, | ||||||
| 14 | regional superintendent of schools, sheriff,
chief of police, | ||||||
| 15 | any judge serving in a juvenile court within
the jurisdiction, | ||||||
| 16 | or governing body of any Redeploy Illinois
site serving any | ||||||
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| 1 | part of that area, establish a county juvenile
justice council
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| 2 | ("council"). | ||||||
| 3 | (1.5) Each of the following county officers or entities | ||||||
| 4 | serving
any part of the area included in a juvenile justice
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| 5 | council shall designate a
representative to serve on the | ||||||
| 6 | council: the sheriff, the State's Attorney,
Chief Probation | ||||||
| 7 | Officer, the Public Defender, and each and
the county board | ||||||
| 8 | within the area of the of the council. Designation of members | ||||||
| 9 | shall be made to the person or agency initiating formation of | ||||||
| 10 | the council.
In addition, the chief judge may designate a | ||||||
| 11 | representative to serve on the
council.
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| 12 | (a) Following designation of members, the The council | ||||||
| 13 | shall organize itself and elect from its members a
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| 14 | chairperson and such
officers as are deemed necessary. | ||||||
| 15 | Until a chairperson is elected, the State's
Attorney shall | ||||||
| 16 | serve as interim chairperson.
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| 17 | (b) The chairperson shall, with the advice and
consent | ||||||
| 18 | of the council, appoint additional members of the council | ||||||
| 19 | as is
deemed necessary to accomplish the purposes of this | ||||||
| 20 | Article and whenever
possible shall appoint a local Chief | ||||||
| 21 | of Police and a representative of a
community youth service | ||||||
| 22 | provider.
The additional
members may include, but are not | ||||||
| 23 | limited to, a judge who hears juvenile cases in the | ||||||
| 24 | jurisdiction in which the council sits, representatives of
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| 25 | local law enforcement, juvenile justice agencies, schools, | ||||||
| 26 | businesses, and
community organizations, community youth | ||||||
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| 1 | service providers, faith based organizations, the State or | ||||||
| 2 | local board of education, any family violence coordinating | ||||||
| 3 | council, any domestic violence agency, any children's | ||||||
| 4 | advocacy center, any serious and habitual offender | ||||||
| 5 | comprehensive action program, the Department of Human | ||||||
| 6 | Services, the Chamber of Commerce, any director of court | ||||||
| 7 | services, and local justice involved youth. However, the | ||||||
| 8 | number of voting members of any juvenile justice council | ||||||
| 9 | shall not exceed 21.
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| 10 | (c) The county juvenile justice council shall meet | ||||||
| 11 | monthly from time to time, but
no less than semi-annually, | ||||||
| 12 | for the purpose of encouraging the initiation of,
or | ||||||
| 13 | supporting ongoing, interagency cooperation and programs | ||||||
| 14 | to address juvenile
delinquency and juvenile crime. | ||||||
| 15 | (d) In counties having a population of 3,000,000 or | ||||||
| 16 | more, the juvenile justice council shall provide for local | ||||||
| 17 | area council participation in its by-laws.
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| 18 | (2) The purpose of a county juvenile justice council is: | ||||||
| 19 | (a) To to provide a forum
for the development of a | ||||||
| 20 | community-based interagency assessment of the local
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| 21 | juvenile justice system, to develop a county juvenile | ||||||
| 22 | justice plan for the
prevention of juvenile delinquency, | ||||||
| 23 | and to make recommendations to the county
board, or county | ||||||
| 24 | boards, for more effectively utilizing existing community
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| 25 | resources in dealing with juveniles who are found to be | ||||||
| 26 | involved in crime, or
who are truant or have been suspended | ||||||
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| 1 | or expelled from school. The county
juvenile justice plan | ||||||
| 2 | shall include relevant portions of local crime prevention
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| 3 | and public safety plans, school improvement and school | ||||||
| 4 | safety plans, Redeploy Illinois plans, and the
plans or | ||||||
| 5 | initiatives of other public and private entities within the | ||||||
| 6 | covered area county
that are concerned with dropout | ||||||
| 7 | prevention, school safety, the prevention of
juvenile | ||||||
| 8 | crime and criminal activity by youth gangs.
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| 9 | (b) To inform the development of the local assessment | ||||||
| 10 | and
plan described in paragraph (a) by utilizing aggregate | ||||||
| 11 | data
to: analyze the risks, needs, and characteristics of | ||||||
| 12 | youth in
contact with the juvenile justice system; to | ||||||
| 13 | assess responses
and resources available; and to develop or | ||||||
| 14 | strengthen policy
and practice in order to prevent or | ||||||
| 15 | mitigate juvenile
delinquency, produce positive youth | ||||||
| 16 | outcomes, and enhance
public safety. Sources of this data | ||||||
| 17 | may include State and local
human services, child | ||||||
| 18 | protection, law enforcement, probation,
corrections, | ||||||
| 19 | education, and other public agencies. State
agencies, | ||||||
| 20 | their local and regional offices, and contractors
are | ||||||
| 21 | strongly encouraged to collaborate with juvenile justice
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| 22 | councils to develop memoranda of understanding and
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| 23 | intergovernmental agreements, and to share data and
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| 24 | information in order to provide an adequate basis for the
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| 25 | local juvenile justice plan. The confidentiality of
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| 26 | individual juvenile records shall not be compromised at any
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| 1 | time or in any manner in service of these functions. | ||||||
| 2 | (3) The duties and responsibilities of the county juvenile | ||||||
| 3 | justice council
include, but are not limited to:
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| 4 | (a) Developing a county juvenile justice plan based | ||||||
| 5 | upon utilization of
the resources of law enforcement, | ||||||
| 6 | school systems, park programs, sports
entities, Redeploy | ||||||
| 7 | Illinois programs, and others in a cooperative and | ||||||
| 8 | collaborative manner to prevent or
discourage juvenile | ||||||
| 9 | crime.
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| 10 | (b) Entering into a written county interagency | ||||||
| 11 | agreement specifying the
nature and extent of | ||||||
| 12 | contributions each signatory agency will make in achieving
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| 13 | the goals of the county juvenile justice plan and their | ||||||
| 14 | commitment to the
sharing of information useful in carrying | ||||||
| 15 | out the goals of the interagency
agreement to the extent | ||||||
| 16 | authorized by law.
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| 17 | (c) Applying for and receiving public or private | ||||||
| 18 | grants, to be
administered by one of the
community | ||||||
| 19 | partners, that support one or more components of the county | ||||||
| 20 | juvenile
justice plan.
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| 21 | (d) (Blank). Providing a forum for the presentation of | ||||||
| 22 | interagency recommendations
and the resolution of | ||||||
| 23 | disagreements relating to the contents of the county
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| 24 | interagency agreement or the performance by the parties of | ||||||
| 25 | their respective
obligations under the agreement.
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| 26 | (e) Assisting and directing the efforts of local | ||||||
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| 1 | community support
organizations and volunteer groups in | ||||||
| 2 | providing enrichment programs and other
support services | ||||||
| 3 | for clients of local juvenile detention centers.
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| 4 | (f) Developing and making available a county-wide or | ||||||
| 5 | multi-county resource
guide for minors in need of | ||||||
| 6 | prevention, intervention, psycho-social,
educational | ||||||
| 7 | support, and other services needed to prevent juvenile | ||||||
| 8 | delinquency.
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| 9 | (g) Facilitating community based collaboration and | ||||||
| 10 | perspective
on oversight, research, and evaluation of | ||||||
| 11 | activities,
programs, and policies directed towards and | ||||||
| 12 | impacting the lives
of juveniles. | ||||||
| 13 | (h) Planning for and supporting applications for | ||||||
| 14 | Redeploy
Illinois, and development of funding for | ||||||
| 15 | screening,
assessment, and risk-appropriate, | ||||||
| 16 | evidence-informed
services to reduce commitments to the | ||||||
| 17 | Department of
Juvenile Justice. | ||||||
| 18 | (i) Planning for and supporting the development of | ||||||
| 19 | funding
for screening, assessment, and risk-appropriate, | ||||||
| 20 | evidence-informed services to youth reentering the | ||||||
| 21 | community from
detention in a county detention center or | ||||||
| 22 | commitment from
the Department of Juvenile Justice. | ||||||
| 23 | (3.5) A council which is the sole council serving any
part | ||||||
| 24 | of the area of an established Redeploy Illinois
site may, in | ||||||
| 25 | its discretion, and at the request of the
Redeploy Illinois | ||||||
| 26 | governing body of the site, undertake
and maintain governance | ||||||
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| 1 | of the site under Section 16.1 of the Probation and Probation | ||||||
| 2 | Officers Act. | ||||||
| 3 | (4) The council shall have no role in the charging or | ||||||
| 4 | prosecution of
juvenile offenders.
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| 5 | (Source: P.A. 90-590, eff. 1-1-99.)".
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