Bill Text: IL HJR0008 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Urges the Department of Juvenile Justice to amend administrative rules regarding Maximum Penalties for Youth.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HJR0008 Detail]
Download: Illinois-2017-HJR0008-Introduced.html
| |||||||
| |||||||
| |||||||
1 | HOUSE JOINT RESOLUTION
| ||||||
2 | WHEREAS, The juvenile justice system has the goal of | ||||||
3 | rehabilitation and providing educational and therapeutic | ||||||
4 | programming in the juvenile offender's community, or removing | ||||||
5 | the juvenile from the community for placement in a detention | ||||||
6 | facility following conviction for serious criminal offenses; | ||||||
7 | the availability of State juvenile detention facilities | ||||||
8 | prevent children who commit criminal acts from being introduced | ||||||
9 | into the adult prison system in which there are fewer | ||||||
10 | opportunities for treatment services and greater risks for | ||||||
11 | physical and sexual abuse and intimidation; and
| ||||||
12 | WHEREAS, As juvenile crime increased in the late 1980s and | ||||||
13 | early 1990s, so did the population at State juvenile detention | ||||||
14 | facilities, forcing many states to return to non-detention case | ||||||
15 | management for non-violent offenders; this resulted in higher | ||||||
16 | concentrations of the most violent youth, gang-involved youth, | ||||||
17 | and seriously mentally ill youth detained in the facilities; | ||||||
18 | with so many violent and mentally ill children in the same | ||||||
19 | facility, it is often necessary for the safety and protection | ||||||
20 | of the other residents and staff for certain offenders to be | ||||||
21 | placed in isolated confinement for serious violations of rules | ||||||
22 | of conduct in order to maintain facility security; and
| ||||||
23 | WHEREAS, While best practices find that behavior |
| |||||||
| |||||||
1 | management is more effective when children spend more time out | ||||||
2 | of their rooms learning and practicing new skills, without | ||||||
3 | being overly punitive and prison-like, isolated confinement in | ||||||
4 | their rooms allows for increased time for the staff to evaluate | ||||||
5 | the needs of the offender and to set a plan for improving | ||||||
6 | behavior; the key is a balance to afford more time for learning | ||||||
7 | and practicing behavior skills while at the same time, | ||||||
8 | protecting the rest of the facility population from a violent | ||||||
9 | or seriously disruptive offender; and
| ||||||
10 | WHEREAS, In Department of Juvenile Justice facilities, for | ||||||
11 | certain offenses that present safety risks to the other | ||||||
12 | residents and staff, as well those offenses which cause | ||||||
13 | disruptions which can undermine the goals of the facility, | ||||||
14 | children can be placed in isolated detention in their rooms for | ||||||
15 | up to one month, not to exceed 7 consecutive days or 15 days in | ||||||
16 | any 30-day period, at the discretion of the Chief | ||||||
17 | Administrative Officer with no set minimum standards for the | ||||||
18 | isolation; without a minimum time, the system does not afford | ||||||
19 | the staff with sufficient time to evaluate the needs of the | ||||||
20 | particular child and to set a plan for improving behavior | ||||||
21 | before returning the child to the facility's general | ||||||
22 | population; therefore, be it
| ||||||
23 | RESOLVED, That we urge the Department of Juvenile Justice | ||||||
24 | to amend its administrative rules for Maximum Penalties on |
| |||||||
| |||||||
1 | internal rule violations for Youth confinement for the | ||||||
2 | following offenses:
| ||||||
3 | (1) Violent Assault of any Person - minimum 14-day | ||||||
4 | confinement, maximum of one month; | ||||||
5 | (2) Arson - minimum 7-day confinement, maximum of one | ||||||
6 | month; | ||||||
7 | (3) Assaulting any Person - minimum 7-day confinement, | ||||||
8 | maximum of one month; | ||||||
9 | (4) Bribery and Extortion - minimum 7-day confinement, | ||||||
10 | maximum of one month; | ||||||
11 | (5) Dangerous Contraband - minimum 7-day confinement, | ||||||
12 | maximum of one month; | ||||||
13 | (6) Dangerous Disturbance - minimum 7-day confinement, | ||||||
14 | maximum of one month; | ||||||
15 | (7) Escape or Runaway - minimum 7-day confinement, | ||||||
16 | maximum of one month; | ||||||
17 | (8) Sexual Misconduct - minimum 7-day confinement, | ||||||
18 | maximum of one month; and | ||||||
19 | (9) Sexual Assault - minimum 14-day confinement, | ||||||
20 | maximum of one month; and be it further
| ||||||
21 | RESOLVED, That we urge the Department of Juvenile Justice | ||||||
22 | to amend their administrative rules regarding Maximum | ||||||
23 | Penalties for Youth for the following specified offenses: | ||||||
24 | (1) Damage or Misuse of Property: | ||||||
25 | (a) Loss or Restriction of Privileges - 6 months; |
| |||||||
| |||||||
1 | (b) Confinement - minimum 7-days, maximum of | ||||||
2 | one-month; | ||||||
3 | (c) Good Time Revocation - 6 months; | ||||||
4 | (d) Delay in Recommendation to the Prison Review | ||||||
5 | Board - 6 months; and | ||||||
6 | (2) Fighting: | ||||||
7 | (a) Loss or Restriction of Privileges - 2 months; | ||||||
8 | (b) Confinement - minimum 3 days, maximum of one | ||||||
9 | month; | ||||||
10 | (c) Good Time Revocation - 6 months; | ||||||
11 | (d) Delay in Recommendation to the Prison Review | ||||||
12 | Board - 6 months; and | ||||||
13 | (3) Unauthorized Movement: | ||||||
14 | (a) Loss or Restriction of Privileges - one month; | ||||||
15 | (b) Confinement - minimum 7-days, maximum of | ||||||
16 | one-month; | ||||||
17 | (c) Good Time Revocation - 6 months; and | ||||||
18 | (d) Delay in Recommendation to the Prison Review | ||||||
19 | Board - 6 months; and be it further
| ||||||
20 | RESOLVED, That suitable copies of this resolution be | ||||||
21 | presented to the Governor, the Director of Juvenile Justice, | ||||||
22 | and the Joint Committee on Administrative Rules.
|