98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1343
 
Introduced 2/5/2013, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:



730 ILCS 195/20

 Amends the Department of Juvenile Justice Mortality Review Team Act. Provides that a mortality review team shall evaluate the role that life sentences without the opportunity for parole have in youth deaths.



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A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Department of Juvenile Justice Mortality 
5Review Team Act is amended by changing Section 20 as follows:

6 (730 ILCS 195/20)

7 Sec. 20. Reviews of youth deaths.
8 (a) A mortality review team shall review every death of a 
9youth that occurs within a facility of the Department or as the 
10result of an act or incident occurring within a facility of the 
11Department, including deaths resulting from suspected illness, 
12injury, or self-harm or from an unknown cause.

13 (b) If the coroner of the county in which a youth died 
14determines that the youth's death was the direct or proximate 
15result of alleged or suspected criminal activity, the mortality 
16review team's investigation shall be in addition to any 
17criminal investigation of the death but shall be limited to a 
18review of systems and practices of the Department. In the 
19course of conducting its review, the team shall obtain 
20assurance from law enforcement officials that acts taken in 
21furtherance of the review will not impair any criminal 
22investigation or prosecution.

23 (c) A mortality review team's purpose in conducting a 
 
 
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1review of a youth death is to do the following:

2  (1) Assist in determining the cause and manner of the 
3 youth's death, if requested.

4  (2) Evaluate any means by which the death might have 
5 been prevented, including, but not limited to, the 
6 evaluation of the Department's systems for the following:

7   (A) Training.
8   (B) Assessment and referral for services.
9   (C) Communication.
10   (D) Housing.
11   (E) Supervision of youth.
12   (F) Intervention in critical incidents.
13   (G) Reporting.
14   (H) Follow-up and mortality review following 
15 critical incidents or youth deaths.

16   (I) The role of life sentences without the 
17 opportunity for parole. 
18  (3) Recommend continuing education and training for 
19 Department staff.

20  (4) Make specific recommendations to the Director 
21 concerning the prevention of deaths of youth in the 
22 Department's custody.

23 (d) A mortality review team shall review a youth death as 
24soon as practicable and not later than within 90 days after a 
25law enforcement agency's completion of its investigation if the 
26death is the result of alleged or suspected criminal activity. 
 
 
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1If there has been no investigation by a law enforcement agency, 
2the mortality review team shall review a youth's death within 
390 days after obtaining the information necessary to complete 
4the review from the coroner, pathologist, medical examiner, or 
5law enforcement agency, depending on the nature of the case. 
6The team shall meet as needed in person or via teleconference 
7or video conference following appointment of the team members. 
8When necessary and upon request of the team, the Director may 
9extend the deadline for a review up to an additional 90 days.


10(Source: P.A. 96-1378, eff. 7-29-10.)