Bill Text: IL HB4112 | 2013-2014 | 98th General Assembly | Amended

---

Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section of the sentencing Chapter of the Code concerning the definition of "victim".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4112 Detail]

Download: Illinois-2013-HB4112-Amended.html

---

Rep. La Shawn K. Ford

Filed: 3/27/2014

09800HB4112ham001 LRB098 15667 RLC 57715 a
AMENDMENT TO HOUSE BILL 4112
AMENDMENT NO. ______. Amend House Bill 4112 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
13-45 as follows:
(105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
Sec. 13-45. Other provisions of this Code shall not apply
to the Department of Juvenile Justice School District being all
of the following Articles and Sections: Articles 3, 3A, 4, 5,
6, 7, 8, and 9, those Sections sections of Article 10 in
conflict with any provisions of Sections 13-40 through 13-45,
and Articles 11, 12, 15, 17, 18, 19, 19A, 20, 22, 24, 24A, 26,
31, 32, 33, and 34. Also Article 28 shall not apply except that
this School District may use any funds available from State,
Federal and other funds for the purchase of textbooks,
apparatus and equipment.

09800HB4112ham001 - 2 - LRB098 15667 RLC 57715 a
(Source: P.A. 96-328, eff. 8-11-09.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-2.5-15 and 3-10-2 as follows:
(730 ILCS 5/3-2.5-15)
(Text of Section after amendment by P.A. 98-528)
Sec. 3-2.5-15. Department of Juvenile Justice; assumption
of duties of the Juvenile Division.
(a) The Department of Juvenile Justice shall assume the
rights, powers, duties, and responsibilities of the Juvenile
Division of the Department of Corrections. Personnel, books,
records, property, and unencumbered appropriations pertaining
to the Juvenile Division of the Department of Corrections shall
be transferred to the Department of Juvenile Justice on the
effective date of this amendatory Act of the 94th General
Assembly. Any rights of employees or the State under the
Personnel Code or any other contract or plan shall be
unaffected by this transfer.
(b) Department of Juvenile Justice personnel who are hired
by the Department on or after the effective date of this
amendatory Act of the 94th General Assembly and who participate
or assist in the rehabilitative and vocational training of
delinquent youths, supervise the daily activities involving
direct and continuing responsibility for the youth's security,
welfare and development, or participate in the personal

09800HB4112ham001 - 3 - LRB098 15667 RLC 57715 a
rehabilitation of delinquent youth by training, supervising,
and assisting lower level personnel who perform these duties
must be over the age of 21 and have a bachelor's or advanced
degree from an accredited college or university with a
specialization in criminal justice, education, psychology,
social work, or a closely related social science or other
bachelor's or advanced degree with at least 2 years experience
in the field of juvenile matters. This requirement shall not
apply to security, clerical, food service, and maintenance
staff that do not have direct and regular contact with youth.
The degree requirements specified in this subsection (b) are
not required of persons who provide vocational training and who
have adequate knowledge in the skill for which they are
providing the vocational training.
(c) Subsection (b) of this Section does not apply to
personnel transferred to the Department of Juvenile Justice on
the effective date of this amendatory Act of the 94th General
Assembly.
(d) The Department shall be under the direction of the
Director of Juvenile Justice as provided in this Code.
(e) The Director shall organize divisions within the
Department and shall assign functions, powers, duties, and
personnel as required by law. The Director may create other
divisions and may assign other functions, powers, duties, and
personnel as may be necessary or desirable to carry out the
functions and responsibilities vested by law in the Department.

09800HB4112ham001 - 4 - LRB098 15667 RLC 57715 a
The Director may, with the approval of the Office of the
Governor, assign to and share functions, powers, duties, and
personnel with other State agencies such that administrative
services and administrative facilities are provided by a shared
administrative service center. Where possible, shared services
which impact youth should be done with child-serving agencies.
These administrative services may include, but are not limited
to, all of the following functions: budgeting, accounting
related functions, auditing, human resources, legal,
procurement, training, data collection and analysis,
information technology, internal investigations, intelligence,
legislative services, emergency response capability, statewide
transportation services, and general office support.
(f) The Department of Juvenile Justice may enter into
intergovernmental cooperation agreements under which minors
adjudicated delinquent and committed to the Department of
Juvenile Justice may participate in county juvenile impact
incarceration programs established under Section 3-6039 of the
Counties Code.
(g) The Department of Juvenile Justice must comply with the
ethnic and racial background data collection procedures
provided in Section 4.5 of the Criminal Identification Act.
(Source: P.A. 98-528, eff. 1-1-15.)
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
Sec. 3-10-2. Examination of Persons Committed to the

09800HB4112ham001 - 5 - LRB098 15667 RLC 57715 a
Department of Juvenile Justice.
(a) A person committed to the Department of Juvenile
Justice shall be examined in regard to his medical,
psychological, social, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense and any other information as the
Department of Juvenile Justice may determine.
(a-5) Upon admission of a person committed to the
Department of Juvenile Justice, the Department of Juvenile
Justice must provide the person with appropriate information
concerning HIV and AIDS in writing, verbally, or by video or
other electronic means. The Department of Juvenile Justice
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department of Juvenile Justice also must offer the person the
option of being tested, at no charge to the person, for
infection with human immunodeficiency virus (HIV). Pre-test
information shall be provided to the committed person and
informed consent obtained as required in subsection (d) of
Section 3 and Section 5 of the AIDS Confidentiality Act. The
Department of Juvenile Justice may conduct opt-out HIV testing
as defined in Section 4 of the AIDS Confidentiality Act. If the
Department conducts opt-out HIV testing, the Department shall
place signs in English, Spanish and other languages as needed
in multiple, highly visible locations in the area where HIV
testing is conducted informing inmates that they will be tested

09800HB4112ham001 - 6 - LRB098 15667 RLC 57715 a
for HIV unless they refuse, and refusal or acceptance of
testing shall be documented in the inmate's medical record. The
Department shall follow procedures established by the
Department of Public Health to conduct HIV testing and testing
to confirm positive HIV test results. All testing must be
conducted by medical personnel, but pre-test and other
information may be provided by committed persons who have
received appropriate training. The Department, in conjunction
with the Department of Public Health, shall develop a plan that
complies with the AIDS Confidentiality Act to deliver
confidentially all positive or negative HIV test results to
inmates or former inmates. Nothing in this Section shall
require the Department to offer HIV testing to an inmate who is
known to be infected with HIV, or who has been tested for HIV
within the previous 180 days and whose documented HIV test
result is available to the Department electronically. The
testing provided under this subsection (a-5) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
Also upon admission of a person committed to the Department
of Juvenile Justice, the Department of Juvenile Justice must

09800HB4112ham001 - 7 - LRB098 15667 RLC 57715 a
inform the person of the Department's obligation to provide the
person with medical care.
(b) Based on its examination, the Department of Juvenile
Justice may exercise the following powers in developing a
treatment program of any person committed to the Department of
Juvenile Justice:
(1) Require participation by him in vocational,
physical, educational and corrective training and
activities to return him to the community.
(2) Place him in any institution or facility of the
Department of Juvenile Justice.
(3) Order replacement or referral to the Parole and
Pardon Board as often as it deems desirable. The Department
of Juvenile Justice shall refer the person to the Parole
and Pardon Board as required under Section 3-3-4.
(4) Enter into agreements with the Secretary of Human
Services and the Director of Children and Family Services,
with courts having probation officers, and with private
agencies or institutions for separate care or special
treatment of persons subject to the control of the
Department of Juvenile Justice.
(c) The Department of Juvenile Justice shall make periodic
reexamination of all persons under the control of the
Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued.
This examination shall be made with respect to every person at

09800HB4112ham001 - 8 - LRB098 15667 RLC 57715 a
least once annually.
(d) A record of the treatment decision including any
modification thereof and the reason therefor, shall be part of
the committed person's master record file.
(e) The Department of Juvenile Justice shall by certified
mail and telephone or electronic message , return receipt
requested, notify the parent, guardian or nearest relative of
any person committed to the Department of Juvenile Justice of
his or her physical location and any change thereof.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
97-813, eff. 7-13-12.)".