Bill Text: IL HB2589 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of Children and Family Services shall assign a caseworker to attend any hearing involving youth placed on aftercare release, including hearings involving sanctions for violation of aftercare release conditions and aftercare release revocation hearings. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0522 [HB2589 Detail]

Download: Illinois-2017-HB2589-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-2.5-70 and 3-3-9.5 as follows:
(730 ILCS 5/3-2.5-70)
Sec. 3-2.5-70. Aftercare.
(a) The Department shall implement an aftercare program
that includes, at a minimum, the following program elements:
(1) A process for developing and implementing a case
management plan for timely and successful reentry into the
community beginning upon commitment.
(2) A process for reviewing committed youth for
recommendation for aftercare release.
(3) Supervision in accordance with the conditions set
by the Department or Prisoner Review Board and referral to
and facilitation of community-based services including
education, social and mental health services, substance
abuse treatment, employment and vocational training,
individual and family counseling, financial counseling,
and other services as appropriate; and assistance in
locating appropriate residential placement and obtaining
suitable employment. The Department may purchase necessary

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services for a releasee if they are otherwise unavailable
and the releasee is unable to pay for the services. It may
assess all or part of the costs of these services to a
releasee in accordance with his or her ability to pay for
the services.
(4) Standards for sanctioning violations of conditions
of aftercare release that ensure that juvenile offenders
face uniform and consistent consequences that hold them
accountable taking into account aggravating and mitigating
factors and prioritizing public safety.
(5) A process for reviewing youth on aftercare release
for discharge.
(b) The Department of Juvenile Justice shall have the
following rights, powers, functions, and duties:
(1) To investigate alleged violations of an aftercare
releasee's conditions of 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 the procedures would provide evidence that the
violations have occurred. If any person fails to obey a
subpoena issued under this subsection, the Director may
apply to any circuit 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.
(2) To issue a violation warrant for the apprehension

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of an aftercare releasee for violations of the conditions
of aftercare release. Aftercare specialists and
supervisors have the full power of peace officers in the
retaking of any youth alleged to have violated the
conditions of aftercare release.
(c) The Department of Juvenile Justice shall designate
aftercare specialists qualified in juvenile matters to perform
case management and post-release programming functions under
this Section.
(d) The Department of Children and Family Services shall
assign a caseworker to attend any hearing involving a youth in
the care and custody of the Department of Children and Family
Services who is placed on aftercare release, including hearings
involving sanctions for violation of aftercare release
conditions and aftercare release revocation hearings.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-9.5)
Sec. 3-3-9.5. Revocation of aftercare release; revocation
hearing.
(a) If, prior to expiration or termination of the aftercare
release term, a juvenile committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987 violates
a condition of release set by the Department under Section
3-2.5-95 of this Code, the Department may initiate revocation
proceedings by issuing a violation warrant under Section

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3-2.5-70 of this Code or by retaking of the releasee and
returning him or her to a Department facility.
(b) The Department shall provide the releasee and the
Prisoner Review Board with written notice of the alleged
violation of aftercare release charged against him or her.
(c) The issuance of a warrant of arrest for an alleged
violation of the conditions of aftercare release shall toll the
running of the aftercare release term until the final
determination of the alleged violation is made. If the Board
finds that the youth has not violated a condition of aftercare
release, that period shall be credited to the term.
(d) A person charged with violating a condition of
aftercare release shall have a preliminary hearing before a
hearing officer designated by the Board to determine if there
is probable cause to hold the person for a revocation hearing.
However, no preliminary hearing need be held when revocation is
based upon new criminal charges and a court finds probable
cause on the new criminal charges or when the revocation is
based upon a new criminal conviction or a finding of
delinquency and a certified copy of that conviction is
available.
(e) At the preliminary hearing, the Board may order the
releasee held in Department custody or released under
supervision pending a final revocation decision of the Board. A
youth who is held in Department custody, shall be released and
discharged upon the expiration of the maximum term permitted

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under the Juvenile Court Act of 1987.
(f) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. The member hearing the matter and at least a majority of
the panel shall be experienced in juvenile matters. A record of
the hearing shall be made. At the hearing the releasee shall be
permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
(g) If the Board finds that the juvenile has not violated a
condition of aftercare release, the Board shall order the
juvenile rereleased and aftercare release continued under the
existing term and may make specific recommendations to the
Department regarding appropriate conditions of release.
(h) If the Board finds that the juvenile has violated a
condition of aftercare release, the Board shall either:
(1) revoke aftercare release and order the juvenile
reconfined; or
(2) order the juvenile rereleased to serve a specified
aftercare release term not to exceed the full term
permitted under the Juvenile Court Act of 1987 and may make
specific recommendations to the Department regarding
appropriate conditions of rerelease.
(i) Aftercare release shall not be revoked for failure to

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make payments under the conditions of release unless the Board
determines that the failure is due to the juvenile's willful
refusal to pay.
(j) The Department of Children and Family Services shall
assign a caseworker to attend a hearing on revocation of
aftercare release of a youth in the care and custody of the
Department of Children and Family Services.
(Source: P.A. 99-628, eff. 1-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.