Bill Text: IL HB5914 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Unified Code of Corrections. Eliminates provision that permits the Prisoner Review Board to revoke parole for persons committed under the Juvenile Court Act or the Juvenile Court Act of 1987 and to recommit them until the age of 21 for violations of parole. Provides that the Board may require persons committed under the Juvenile Court Act of 1987 to be continued on the existing term without modifying or enlarging the conditions of parole, unless the minor is found guilty beyond a reasonable doubt of violating a condition of parole by a juvenile court following a due process hearing with counsel for the minor. Provides that if the court finds the minor guilty of violating parole, the court shall conduct a hearing to determine if it is in the best interest of the minor and the public to recommit the minor to the Department of Juvenile Justice. Provides that if the minor is recommitted, the minor shall be eligible for release within 30 days, and shall in no event be reconfined for longer than 60 days.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-26 - Public Act . . . . . . . . . 96-1271 [HB5914 Detail]
Download: Illinois-2009-HB5914-Enrolled.html
|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 17a-5 as follows:
| ||||||
6 | (20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
| ||||||
7 | Sec. 17a-5.
The Department of Human Services shall be | ||||||
8 | successor to the
Department of Children and Family Services in | ||||||
9 | the latter Department's capacity
as successor to the Illinois | ||||||
10 | Law Enforcement
Commission in the functions of that Commission | ||||||
11 | relating to juvenile justice
and the federal Juvenile Justice | ||||||
12 | and Delinquency Prevention Act of 1974
as amended, and shall | ||||||
13 | have the powers, duties and functions specified in
this Section | ||||||
14 | relating to juvenile justice and the federal Juvenile Justice
| ||||||
15 | and Delinquency Prevention Act of 1974, as amended.
| ||||||
16 | (1) Definitions. As used in this Section:
| ||||||
17 | (a) "juvenile justice system" means all activities by | ||||||
18 | public or private
agencies or persons pertaining to the | ||||||
19 | handling of youth involved or having
contact with the | ||||||
20 | police, courts or corrections;
| ||||||
21 | (b) "unit of general local government" means any | ||||||
22 | county, municipality
or other general purpose political | ||||||
23 | subdivision of this State;
|
| |||||||
| |||||||
1 | (c) "Commission" means the Illinois Juvenile Justice
| ||||||
2 | Commission provided for in Section 17a-9 of this Act.
| ||||||
3 | (2) Powers and Duties of Department. The Department of | ||||||
4 | Human Services
shall serve as the
official State Planning | ||||||
5 | Agency for juvenile justice for the State of Illinois
and in | ||||||
6 | that capacity is authorized and empowered to discharge any and | ||||||
7 | all
responsibilities imposed on such bodies by the federal | ||||||
8 | Juvenile Justice
and Delinquency Prevention Act of 1974, as | ||||||
9 | amended, specifically the
deinstitutionalization
of status | ||||||
10 | offenders, separation of juveniles and adults in municipal and
| ||||||
11 | county jails, removal of juveniles from county and municipal | ||||||
12 | jails and
monitoring
of compliance with these mandates. In | ||||||
13 | furtherance thereof, the Department
has the powers and duties | ||||||
14 | set forth in paragraphs 3 through 15 of this Section:
| ||||||
15 | (3) To develop annual comprehensive plans based on analysis | ||||||
16 | of juvenile
crime problems and juvenile justice and delinquency | ||||||
17 | prevention needs in
the State, for the improvement of juvenile | ||||||
18 | justice throughout the State,
such plans to be in accordance | ||||||
19 | with the federal Juvenile Justice and Delinquency
Prevention | ||||||
20 | Act of 1974, as amended;
| ||||||
21 | (4) To define, develop and correlate programs and projects | ||||||
22 | relating to
administration of juvenile justice for the State | ||||||
23 | and units of general local
government within the State or for | ||||||
24 | combinations of such units for
improvement in law enforcement;
| ||||||
25 | (5) To advise, assist and make recommendations to the | ||||||
26 | Governor as to how
to achieve a more efficient and effective |
| |||||||
| |||||||
1 | juvenile justice system;
| ||||||
2 | (5.1) To develop recommendations to ensure the effective | ||||||
3 | reintegration of youth offenders into communities to which they | ||||||
4 | are returning. The Illinois Juvenile Justice Commission, | ||||||
5 | utilizing available information provided by the Department of | ||||||
6 | Juvenile Justice, the Prisoner Review Board, the Illinois | ||||||
7 | Criminal Justice Information Authority, and any other relevant | ||||||
8 | State agency, shall develop by September 30, 2010, a report on | ||||||
9 | juveniles who have been the subject of a parole revocation | ||||||
10 | within the past year in Illinois. The report shall provide | ||||||
11 | information on the number of youth confined in the Department | ||||||
12 | of Juvenile Justice for revocation based on a technical parole | ||||||
13 | violation, the length of time the youth spent on parole prior | ||||||
14 | to the revocation, the nature of the committing offense that | ||||||
15 | served as the basis for the original commitment, demographic | ||||||
16 | information including age, race, sex, and zip code of the | ||||||
17 | underlying offense and the conduct leading to revocation. In | ||||||
18 | addition, the Juvenile Justice Commission shall develop | ||||||
19 | recommendations to: | ||||||
20 | (A) recommend the development of a tracking system to | ||||||
21 | provide quarterly statewide reports on youth released from | ||||||
22 | the Illinois Department of Juvenile Justice including | ||||||
23 | lengths of stay in the Illinois Department of Juvenile | ||||||
24 | Justice prior to release, length of monitoring | ||||||
25 | post-release, pre-release services provided to each youth, | ||||||
26 | violations of release conditions including length of |
| |||||||
| |||||||
1 | release prior to violation, nature of violation, and | ||||||
2 | intermediate sanctions offered prior to violation; | ||||||
3 | (B) recommend outcome measures of educational | ||||||
4 | attainment, employment, homelessness, recidivism, and | ||||||
5 | other appropriate measures that can be used to assess the | ||||||
6 | performance of the State of Illinois in operating youth | ||||||
7 | offender reentry programs ; . | ||||||
8 | (C) recommend due process protections for youth during | ||||||
9 | release decision-making processes including, but not | ||||||
10 | limited to, parole revocation proceedings and release on | ||||||
11 | parole. | ||||||
12 | The Juvenile Justice Commission shall include information | ||||||
13 | and recommendations on the effectiveness of the State's | ||||||
14 | juvenile reentry programming, including progress on the | ||||||
15 | recommendations in subparagraphs (A) and (B) of this paragraph | ||||||
16 | (5.1), in its annual submission of recommendations to the | ||||||
17 | Governor and the General Assembly on matters relative to its | ||||||
18 | function, and in its annual juvenile justice plan. This | ||||||
19 | paragraph (5.1) may be cited as the Youth Reentry Improvement | ||||||
20 | Law of 2009; | ||||||
21 | (6) To act as a central repository for federal, State, | ||||||
22 | regional and local
research studies, plans, projects, and | ||||||
23 | proposals relating to the improvement
of the juvenile justice | ||||||
24 | system;
| ||||||
25 | (7) To act as a clearing house for information relating to | ||||||
26 | all aspects
of juvenile justice system improvement;
|
| |||||||
| |||||||
1 | (8) To undertake research studies to aid in accomplishing | ||||||
2 | its purposes;
| ||||||
3 | (9) To establish priorities for the expenditure of funds | ||||||
4 | made
available by the United States for the improvement of the | ||||||
5 | juvenile justice
system throughout the State;
| ||||||
6 | (10) To apply for, receive, allocate, disburse, and account | ||||||
7 | for grants
of funds made available by the United States | ||||||
8 | pursuant to the federal Juvenile
Justice and Delinquency | ||||||
9 | Prevention Act of 1974, as amended; and such other
similar | ||||||
10 | legislation as may be enacted from time to time in order to | ||||||
11 | plan,
establish, operate, coordinate, and evaluate projects | ||||||
12 | directly or through
grants and contracts with public and | ||||||
13 | private agencies for the development
of more effective | ||||||
14 | education, training, research, prevention, diversion,
| ||||||
15 | treatment and rehabilitation programs in the area of juvenile | ||||||
16 | delinquency
and programs to improve the juvenile justice | ||||||
17 | system;
| ||||||
18 | (11) To insure that no more than the maximum percentage of | ||||||
19 | the total annual
State allotment of juvenile justice funds be | ||||||
20 | utilized for the administration
of such funds;
| ||||||
21 | (12) To provide at least 66-2/3 per centum of funds | ||||||
22 | received by the State
under the Juvenile Justice and | ||||||
23 | Delinquency Prevention Act of 1974, as amended,
are expended | ||||||
24 | through:
| ||||||
25 | (a) programs of units of general local government or | ||||||
26 | combinations thereof,
to the extent such programs are |
| |||||||
| |||||||
1 | consistent with the State plan; and
| ||||||
2 | (b) programs of local private agencies, to the extent | ||||||
3 | such programs are
consistent with the State plan;
| ||||||
4 | (13) To enter into agreements with the United States | ||||||
5 | government
which may be required as a condition of obtaining | ||||||
6 | federal funds;
| ||||||
7 | (14) To enter into contracts and cooperate with units of | ||||||
8 | general local
government or combinations of such units, State | ||||||
9 | agencies, and private
organizations
of all types, for the | ||||||
10 | purpose of carrying out the duties of the Department
imposed by | ||||||
11 | this Section or by federal law or
regulations;
| ||||||
12 | (15) To exercise all other powers that are reasonable and | ||||||
13 | necessary to
fulfill its functions under applicable federal law | ||||||
14 | or to further the
purposes of this Section.
| ||||||
15 | (Source: P.A. 96-853, eff. 12-23-09.)
| ||||||
16 | Section 10. The Unified Code of Corrections is amended by | ||||||
17 | changing Section 3-3-9 as follows:
| ||||||
18 | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
| ||||||
19 | Sec. 3-3-9. Violations; changes of conditions; preliminary
| ||||||
20 | hearing; revocation of parole or mandatory supervised release;
| ||||||
21 | revocation hearing. | ||||||
22 | (a) If prior to expiration or termination of the term of
| ||||||
23 | parole or mandatory supervised release, a person violates a
| ||||||
24 | condition set by the Prisoner Review Board or a condition of |
| |||||||
| |||||||
1 | parole or
mandatory supervised release under Section 3-3-7 of | ||||||
2 | this Code to govern that
term,
the Board may:
| ||||||
3 | (1) continue the existing term, with or without | ||||||
4 | modifying or
enlarging the conditions; or
| ||||||
5 | (2) parole or release the person to a half-way house; | ||||||
6 | or
| ||||||
7 | (3) revoke the parole or mandatory supervised release | ||||||
8 | and
reconfine the person for a term computed in the | ||||||
9 | following
manner:
| ||||||
10 | (i) (A) For those sentenced under the law in effect | ||||||
11 | prior to
this amendatory Act of 1977, the recommitment | ||||||
12 | shall be for any
portion of the imposed maximum term of | ||||||
13 | imprisonment or confinement
which had not been served | ||||||
14 | at the time of parole and the parole
term, less the | ||||||
15 | time elapsed between the parole of the person and
the | ||||||
16 | commission of the violation for which parole was | ||||||
17 | revoked;
| ||||||
18 | (B) Except as set forth in paragraph (C), for
those | ||||||
19 | subject to mandatory supervised release under
| ||||||
20 | paragraph (d) of Section 5-8-1 of this Code, the | ||||||
21 | recommitment
shall be for the total mandatory | ||||||
22 | supervised release term, less
the time elapsed between | ||||||
23 | the release of the person and the
commission of the | ||||||
24 | violation for which mandatory supervised
release is | ||||||
25 | revoked. The Board may also order that a prisoner
serve | ||||||
26 | up to one year of the sentence imposed by the court |
| |||||||
| |||||||
1 | which
was not served due to the accumulation of good | ||||||
2 | conduct credit;
| ||||||
3 | (C) For those subject to sex offender supervision | ||||||
4 | under clause (d)(4) of Section 5-8-1 of this Code, the | ||||||
5 | reconfinement period for violations of clauses (a)(3) | ||||||
6 | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | ||||||
7 | years from the date of reconfinement.
| ||||||
8 | (ii) the person shall be given credit against the | ||||||
9 | term of
reimprisonment or reconfinement for time spent | ||||||
10 | in custody
since he was paroled or released which has | ||||||
11 | not been credited
against another sentence or period of | ||||||
12 | confinement;
| ||||||
13 | (iii) persons committed under the Juvenile Court | ||||||
14 | Act or the Juvenile
Court Act of 1987 may be continued | ||||||
15 | under the existing term of parole with or without | ||||||
16 | modifying the conditions of parole, paroled or | ||||||
17 | released to a group home or other residential facility, | ||||||
18 | or shall be recommitted until the age of 21 unless | ||||||
19 | sooner terminated ;
| ||||||
20 | (iv) this Section is subject to the release under
| ||||||
21 | supervision and the reparole and rerelease provisions | ||||||
22 | of Section
3-3-10.
| ||||||
23 | (b) The Board may revoke parole or mandatory supervised
| ||||||
24 | release for violation of a condition for the duration of the
| ||||||
25 | term and for any further period which is reasonably necessary
| ||||||
26 | for the adjudication of matters arising before its expiration.
|
| |||||||
| |||||||
1 | The issuance of a warrant of arrest for an alleged violation
of | ||||||
2 | the conditions of parole or mandatory supervised release
shall | ||||||
3 | toll the running of the term until the final determination of | ||||||
4 | the
charge. When
parole or mandatory supervised release is not | ||||||
5 | revoked
that period shall be credited to the term, unless a | ||||||
6 | community-based sanction is imposed as an alternative to | ||||||
7 | revocation and reincarceration, including a diversion | ||||||
8 | established by the Illinois Department of Corrections Parole | ||||||
9 | Services Unit prior to the holding of a preliminary parole | ||||||
10 | revocation hearing. Parolees who are diverted to a | ||||||
11 | community-based sanction shall serve the entire term of parole | ||||||
12 | or mandatory supervised release, if otherwise appropriate.
| ||||||
13 | (b-5) The Board shall revoke parole or mandatory supervised | ||||||
14 | release for violation of the conditions prescribed in paragraph | ||||||
15 | (7.6) of subsection (a) of Section 3-3-7. | ||||||
16 | (c) A person charged with violating a condition of parole | ||||||
17 | or
mandatory supervised release shall have a preliminary | ||||||
18 | hearing
before a hearing officer designated by the Board to | ||||||
19 | determine
if there is cause to hold the person for a revocation | ||||||
20 | hearing.
However, no preliminary hearing need be held when | ||||||
21 | revocation is based
upon new criminal charges and a court finds | ||||||
22 | probable cause on the new
criminal charges or when the | ||||||
23 | revocation
is based upon a new criminal conviction and a | ||||||
24 | certified copy of
that conviction is available.
| ||||||
25 | (d) Parole or mandatory supervised release shall not be
| ||||||
26 | revoked without written notice to the offender setting forth
|
| |||||||
| |||||||
1 | the violation of parole or mandatory supervised release charged
| ||||||
2 | against him.
| ||||||
3 | (e) A hearing on revocation shall be conducted before at
| ||||||
4 | least one member of the Prisoner Review Board. The Board may
| ||||||
5 | meet and order its actions in panels of 3 or more members.
The | ||||||
6 | action of a majority of the panel shall be the action of
the | ||||||
7 | Board. In consideration of persons committed to the Department | ||||||
8 | of Juvenile Justice, the member hearing the matter and at least | ||||||
9 | a majority
of the panel shall be experienced in juvenile | ||||||
10 | matters. A record
of the hearing shall be made. At the hearing | ||||||
11 | the offender shall
be permitted to:
| ||||||
12 | (1) appear and answer the charge; and
| ||||||
13 | (2) bring witnesses on his behalf.
| ||||||
14 | (f) The Board shall either revoke parole or mandatory
| ||||||
15 | supervised release or order the person's term continued with
or | ||||||
16 | without modification or enlargement of the conditions.
| ||||||
17 | (g) Parole or mandatory supervised release shall not be
| ||||||
18 | revoked for failure to make payments under the conditions of
| ||||||
19 | parole or release unless the Board determines that such failure | ||||||
20 | is
due to the offender's willful refusal to pay.
| ||||||
21 | (Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; | ||||||
22 | 94-696, eff. 6-1-06; 95-82, eff. 8-13-07.)
|