Bill Text: IL SB1519 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Deletes a provision that requires Department of Juvenile Justice personnel who are hired by the Department 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 rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties to 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. Requires those persons to only have any bachelor's or advanced degree from an accredited college or university. Provides that the Department shall, by regular (rather than certified) mail and telephone or electronic message, notify the parent, guardian, or nearest relative of any person committed to the Department of his or her physical location and any change of his or her physical location. Amends the Illinois Pension Code to make conforming changes.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced) 2017-04-25 - Added as Co-Sponsor Sen. Michael E. Hastings [SB1519 Detail]

Download: Illinois-2017-SB1519-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1519

Introduced 2/9/2017, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
730 ILCS 5/3-2.5-15
730 ILCS 5/3-10-2 from Ch. 38, par. 1003-10-2

Amends the Unified Code of Corrections. Deletes provision that requires Department of Juvenile Justice personnel who are hired by the Department 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 rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties to 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. Requires those persons to only have any bachelor's or advanced degree from an accredited college or university. Provides that the Department of Juvenile Justice shall by regular (rather than certified) mail and telephone or electronic message 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 of his or her physical location. Amends the Illinois Pension Code to make conforming changes.
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A BILL FOR

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1 AN ACT concerning the Department of Juvenile Justice.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Section 14-110 as follows:
6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
7 (Text of Section WITHOUT the changes made by P.A. 98-599,
8which has been held unconstitutional)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not less
11than 20 years of eligible creditable service and has attained
12age 55, and any member who has withdrawn from service with not
13less than 25 years of eligible creditable service and has
14attained age 50, regardless of whether the attainment of either
15of the specified ages occurs while the member is still in
16service, shall be entitled to receive at the option of the
17member, in lieu of the regular or minimum retirement annuity, a
18retirement annuity computed as follows:
19 (i) for periods of service as a noncovered employee: if
20 retirement occurs on or after January 1, 2001, 3% of final
21 average compensation for each year of creditable service;
22 if retirement occurs before January 1, 2001, 2 1/4% of
23 final average compensation for each of the first 10 years

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1 of creditable service, 2 1/2% for each year above 10 years
2 to and including 20 years of creditable service, and 2 3/4%
3 for each year of creditable service above 20 years; and
4 (ii) for periods of eligible creditable service as a
5 covered employee: if retirement occurs on or after January
6 1, 2001, 2.5% of final average compensation for each year
7 of creditable service; if retirement occurs before January
8 1, 2001, 1.67% of final average compensation for each of
9 the first 10 years of such service, 1.90% for each of the
10 next 10 years of such service, 2.10% for each year of such
11 service in excess of 20 but not exceeding 30, and 2.30% for
12 each year in excess of 30.
13 Such annuity shall be subject to a maximum of 75% of final
14average compensation if retirement occurs before January 1,
152001 or to a maximum of 80% of final average compensation if
16retirement occurs on or after January 1, 2001.
17 These rates shall not be applicable to any service
18performed by a member as a covered employee which is not
19eligible creditable service. Service as a covered employee
20which is not eligible creditable service shall be subject to
21the rates and provisions of Section 14-108.
22 (b) For the purpose of this Section, "eligible creditable
23service" means creditable service resulting from service in one
24or more of the following positions:
25 (1) State policeman;
26 (2) fire fighter in the fire protection service of a

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1 department;
2 (3) air pilot;
3 (4) special agent;
4 (5) investigator for the Secretary of State;
5 (6) conservation police officer;
6 (7) investigator for the Department of Revenue or the
7 Illinois Gaming Board;
8 (8) security employee of the Department of Human
9 Services;
10 (9) Central Management Services security police
11 officer;
12 (10) security employee of the Department of
13 Corrections or the Department of Juvenile Justice;
14 (11) dangerous drugs investigator;
15 (12) investigator for the Department of State Police;
16 (13) investigator for the Office of the Attorney
17 General;
18 (14) controlled substance inspector;
19 (15) investigator for the Office of the State's
20 Attorneys Appellate Prosecutor;
21 (16) Commerce Commission police officer;
22 (17) arson investigator;
23 (18) State highway maintenance worker.
24 A person employed in one of the positions specified in this
25subsection is entitled to eligible creditable service for
26service credit earned under this Article while undergoing the

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1basic police training course approved by the Illinois Law
2Enforcement Training Standards Board, if completion of that
3training is required of persons serving in that position. For
4the purposes of this Code, service during the required basic
5police training course shall be deemed performance of the
6duties of the specified position, even though the person is not
7a sworn peace officer at the time of the training.
8 (c) For the purposes of this Section:
9 (1) The term "state policeman" includes any title or
10 position in the Department of State Police that is held by
11 an individual employed under the State Police Act.
12 (2) The term "fire fighter in the fire protection
13 service of a department" includes all officers in such fire
14 protection service including fire chiefs and assistant
15 fire chiefs.
16 (3) The term "air pilot" includes any employee whose
17 official job description on file in the Department of
18 Central Management Services, or in the department by which
19 he is employed if that department is not covered by the
20 Personnel Code, states that his principal duty is the
21 operation of aircraft, and who possesses a pilot's license;
22 however, the change in this definition made by this
23 amendatory Act of 1983 shall not operate to exclude any
24 noncovered employee who was an "air pilot" for the purposes
25 of this Section on January 1, 1984.
26 (4) The term "special agent" means any person who by

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1 reason of employment by the Division of Narcotic Control,
2 the Bureau of Investigation or, after July 1, 1977, the
3 Division of Criminal Investigation, the Division of
4 Internal Investigation, the Division of Operations, or any
5 other Division or organizational entity in the Department
6 of State Police is vested by law with duties to maintain
7 public order, investigate violations of the criminal law of
8 this State, enforce the laws of this State, make arrests
9 and recover property. The term "special agent" includes any
10 title or position in the Department of State Police that is
11 held by an individual employed under the State Police Act.
12 (5) The term "investigator for the Secretary of State"
13 means any person employed by the Office of the Secretary of
14 State and vested with such investigative duties as render
15 him ineligible for coverage under the Social Security Act
16 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
17 218(l)(1) of that Act.
18 A person who became employed as an investigator for the
19 Secretary of State between January 1, 1967 and December 31,
20 1975, and who has served as such until attainment of age
21 60, either continuously or with a single break in service
22 of not more than 3 years duration, which break terminated
23 before January 1, 1976, shall be entitled to have his
24 retirement annuity calculated in accordance with
25 subsection (a), notwithstanding that he has less than 20
26 years of credit for such service.

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1 (6) The term "Conservation Police Officer" means any
2 person employed by the Division of Law Enforcement of the
3 Department of Natural Resources and vested with such law
4 enforcement duties as render him ineligible for coverage
5 under the Social Security Act by reason of Sections
6 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
7 term "Conservation Police Officer" includes the positions
8 of Chief Conservation Police Administrator and Assistant
9 Conservation Police Administrator.
10 (7) The term "investigator for the Department of
11 Revenue" means any person employed by the Department of
12 Revenue and vested with such investigative duties as render
13 him ineligible for coverage under the Social Security Act
14 by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
15 218(l)(1) of that Act.
16 The term "investigator for the Illinois Gaming Board"
17 means any person employed as such by the Illinois Gaming
18 Board and vested with such peace officer duties as render
19 the person ineligible for coverage under the Social
20 Security Act by reason of Sections 218(d)(5)(A),
21 218(d)(8)(D), and 218(l)(1) of that Act.
22 (8) The term "security employee of the Department of
23 Human Services" means any person employed by the Department
24 of Human Services who (i) is employed at the Chester Mental
25 Health Center and has daily contact with the residents
26 thereof, (ii) is employed within a security unit at a

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1 facility operated by the Department and has daily contact
2 with the residents of the security unit, (iii) is employed
3 at a facility operated by the Department that includes a
4 security unit and is regularly scheduled to work at least
5 50% of his or her working hours within that security unit,
6 or (iv) is a mental health police officer. "Mental health
7 police officer" means any person employed by the Department
8 of Human Services in a position pertaining to the
9 Department's mental health and developmental disabilities
10 functions who is vested with such law enforcement duties as
11 render the person ineligible for coverage under the Social
12 Security Act by reason of Sections 218(d)(5)(A),
13 218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
14 means that portion of a facility that is devoted to the
15 care, containment, and treatment of persons committed to
16 the Department of Human Services as sexually violent
17 persons, persons unfit to stand trial, or persons not
18 guilty by reason of insanity. With respect to past
19 employment, references to the Department of Human Services
20 include its predecessor, the Department of Mental Health
21 and Developmental Disabilities.
22 The changes made to this subdivision (c)(8) by Public
23 Act 92-14 apply to persons who retire on or after January
24 1, 2001, notwithstanding Section 1-103.1.
25 (9) "Central Management Services security police
26 officer" means any person employed by the Department of

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1 Central Management Services who is vested with such law
2 enforcement duties as render him ineligible for coverage
3 under the Social Security Act by reason of Sections
4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5 (10) For a member who first became an employee under
6 this Article before July 1, 2005, the term "security
7 employee of the Department of Corrections or the Department
8 of Juvenile Justice" means any employee of the Department
9 of Corrections or the Department of Juvenile Justice or the
10 former Department of Personnel, and any member or employee
11 of the Prisoner Review Board, who has daily contact with
12 inmates or youth by working within a correctional facility
13 or Juvenile facility operated by the Department of Juvenile
14 Justice or who is a parole officer or an employee who has
15 direct contact with committed persons in the performance of
16 his or her job duties. For a member who first becomes an
17 employee under this Article on or after July 1, 2005, the
18 term means an employee of the Department of Corrections or
19 the Department of Juvenile Justice who is any of the
20 following: (i) officially headquartered at a correctional
21 facility or Juvenile facility operated by the Department of
22 Juvenile Justice, (ii) a parole officer, (iii) a member of
23 the apprehension unit, (iv) a member of the intelligence
24 unit, (v) a member of the sort team, or (vi) an
25 investigator.
26 (11) The term "dangerous drugs investigator" means any

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1 person who is employed as such by the Department of Human
2 Services.
3 (12) The term "investigator for the Department of State
4 Police" means a person employed by the Department of State
5 Police who is vested under Section 4 of the Narcotic
6 Control Division Abolition Act with such law enforcement
7 powers as render him ineligible for coverage under the
8 Social Security Act by reason of Sections 218(d)(5)(A),
9 218(d)(8)(D) and 218(l)(1) of that Act.
10 (13) "Investigator for the Office of the Attorney
11 General" means any person who is employed as such by the
12 Office of the Attorney General and is vested with such
13 investigative duties as render him ineligible for coverage
14 under the Social Security Act by reason of Sections
15 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
16 the period before January 1, 1989, the term includes all
17 persons who were employed as investigators by the Office of
18 the Attorney General, without regard to social security
19 status.
20 (14) "Controlled substance inspector" means any person
21 who is employed as such by the Department of Professional
22 Regulation and is vested with such law enforcement duties
23 as render him ineligible for coverage under the Social
24 Security Act by reason of Sections 218(d)(5)(A),
25 218(d)(8)(D) and 218(l)(1) of that Act. The term
26 "controlled substance inspector" includes the Program

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1 Executive of Enforcement and the Assistant Program
2 Executive of Enforcement.
3 (15) The term "investigator for the Office of the
4 State's Attorneys Appellate Prosecutor" means a person
5 employed in that capacity on a full time basis under the
6 authority of Section 7.06 of the State's Attorneys
7 Appellate Prosecutor's Act.
8 (16) "Commerce Commission police officer" means any
9 person employed by the Illinois Commerce Commission who is
10 vested with such law enforcement duties as render him
11 ineligible for coverage under the Social Security Act by
12 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
13 218(l)(1) of that Act.
14 (17) "Arson investigator" means any person who is
15 employed as such by the Office of the State Fire Marshal
16 and is vested with such law enforcement duties as render
17 the person ineligible for coverage under the Social
18 Security Act by reason of Sections 218(d)(5)(A),
19 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
20 employed as an arson investigator on January 1, 1995 and is
21 no longer in service but not yet receiving a retirement
22 annuity may convert his or her creditable service for
23 employment as an arson investigator into eligible
24 creditable service by paying to the System the difference
25 between the employee contributions actually paid for that
26 service and the amounts that would have been contributed if

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1 the applicant were contributing at the rate applicable to
2 persons with the same social security status earning
3 eligible creditable service on the date of application.
4 (18) The term "State highway maintenance worker" means
5 a person who is either of the following:
6 (i) A person employed on a full-time basis by the
7 Illinois Department of Transportation in the position
8 of highway maintainer, highway maintenance lead
9 worker, highway maintenance lead/lead worker, heavy
10 construction equipment operator, power shovel
11 operator, or bridge mechanic; and whose principal
12 responsibility is to perform, on the roadway, the
13 actual maintenance necessary to keep the highways that
14 form a part of the State highway system in serviceable
15 condition for vehicular traffic.
16 (ii) A person employed on a full-time basis by the
17 Illinois State Toll Highway Authority in the position
18 of equipment operator/laborer H-4, equipment
19 operator/laborer H-6, welder H-4, welder H-6,
20 mechanical/electrical H-4, mechanical/electrical H-6,
21 water/sewer H-4, water/sewer H-6, sign maker/hanger
22 H-4, sign maker/hanger H-6, roadway lighting H-4,
23 roadway lighting H-6, structural H-4, structural H-6,
24 painter H-4, or painter H-6; and whose principal
25 responsibility is to perform, on the roadway, the
26 actual maintenance necessary to keep the Authority's

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1 tollways in serviceable condition for vehicular
2 traffic.
3 (d) A security employee of the Department of Corrections or
4the Department of Juvenile Justice, and a security employee of
5the Department of Human Services who is not a mental health
6police officer, shall not be eligible for the alternative
7retirement annuity provided by this Section unless he or she
8meets the following minimum age and service requirements at the
9time of retirement:
10 (i) 25 years of eligible creditable service and age 55;
11 or
12 (ii) beginning January 1, 1987, 25 years of eligible
13 creditable service and age 54, or 24 years of eligible
14 creditable service and age 55; or
15 (iii) beginning January 1, 1988, 25 years of eligible
16 creditable service and age 53, or 23 years of eligible
17 creditable service and age 55; or
18 (iv) beginning January 1, 1989, 25 years of eligible
19 creditable service and age 52, or 22 years of eligible
20 creditable service and age 55; or
21 (v) beginning January 1, 1990, 25 years of eligible
22 creditable service and age 51, or 21 years of eligible
23 creditable service and age 55; or
24 (vi) beginning January 1, 1991, 25 years of eligible
25 creditable service and age 50, or 20 years of eligible
26 creditable service and age 55.

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1 Persons who have service credit under Article 16 of this
2Code for service as a security employee of the Department of
3Corrections or the Department of Juvenile Justice, or the
4Department of Human Services in a position requiring
5certification as a teacher may count such service toward
6establishing their eligibility under the service requirements
7of this Section; but such service may be used only for
8establishing such eligibility, and not for the purpose of
9increasing or calculating any benefit.
10 (e) If a member enters military service while working in a
11position in which eligible creditable service may be earned,
12and returns to State service in the same or another such
13position, and fulfills in all other respects the conditions
14prescribed in this Article for credit for military service,
15such military service shall be credited as eligible creditable
16service for the purposes of the retirement annuity prescribed
17in this Section.
18 (f) For purposes of calculating retirement annuities under
19this Section, periods of service rendered after December 31,
201968 and before October 1, 1975 as a covered employee in the
21position of special agent, conservation police officer, mental
22health police officer, or investigator for the Secretary of
23State, shall be deemed to have been service as a noncovered
24employee, provided that the employee pays to the System prior
25to retirement an amount equal to (1) the difference between the
26employee contributions that would have been required for such

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1service as a noncovered employee, and the amount of employee
2contributions actually paid, plus (2) if payment is made after
3July 31, 1987, regular interest on the amount specified in item
4(1) from the date of service to the date of payment.
5 For purposes of calculating retirement annuities under
6this Section, periods of service rendered after December 31,
71968 and before January 1, 1982 as a covered employee in the
8position of investigator for the Department of Revenue shall be
9deemed to have been service as a noncovered employee, provided
10that the employee pays to the System prior to retirement an
11amount equal to (1) the difference between the employee
12contributions that would have been required for such service as
13a noncovered employee, and the amount of employee contributions
14actually paid, plus (2) if payment is made after January 1,
151990, regular interest on the amount specified in item (1) from
16the date of service to the date of payment.
17 (g) A State policeman may elect, not later than January 1,
181990, to establish eligible creditable service for up to 10
19years of his service as a policeman under Article 3, by filing
20a written election with the Board, accompanied by payment of an
21amount to be determined by the Board, equal to (i) the
22difference between the amount of employee and employer
23contributions transferred to the System under Section 3-110.5,
24and the amounts that would have been contributed had such
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate for

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1each year, compounded annually, from the date of service to the
2date of payment.
3 Subject to the limitation in subsection (i), a State
4policeman may elect, not later than July 1, 1993, to establish
5eligible creditable service for up to 10 years of his service
6as a member of the County Police Department under Article 9, by
7filing a written election with the Board, accompanied by
8payment of an amount to be determined by the Board, equal to
9(i) the difference between the amount of employee and employer
10contributions transferred to the System under Section 9-121.10
11and the amounts that would have been contributed had those
12contributions been made at the rates applicable to State
13policemen, plus (ii) interest thereon at the effective rate for
14each year, compounded annually, from the date of service to the
15date of payment.
16 (h) Subject to the limitation in subsection (i), a State
17policeman or investigator for the Secretary of State may elect
18to establish eligible creditable service for up to 12 years of
19his service as a policeman under Article 5, by filing a written
20election with the Board on or before January 31, 1992, and
21paying to the System by January 31, 1994 an amount to be
22determined by the Board, equal to (i) the difference between
23the amount of employee and employer contributions transferred
24to the System under Section 5-236, and the amounts that would
25have been contributed had such contributions been made at the
26rates applicable to State policemen, plus (ii) interest thereon

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1at the effective rate for each year, compounded annually, from
2the date of service to the date of payment.
3 Subject to the limitation in subsection (i), a State
4policeman, conservation police officer, or investigator for
5the Secretary of State may elect to establish eligible
6creditable service for up to 10 years of service as a sheriff's
7law enforcement employee under Article 7, by filing a written
8election with the Board on or before January 31, 1993, and
9paying to the System by January 31, 1994 an amount to be
10determined by the Board, equal to (i) the difference between
11the amount of employee and employer contributions transferred
12to the System under Section 7-139.7, and the amounts that would
13have been contributed had such contributions been made at the
14rates applicable to State policemen, plus (ii) interest thereon
15at the effective rate for each year, compounded annually, from
16the date of service to the date of payment.
17 Subject to the limitation in subsection (i), a State
18policeman, conservation police officer, or investigator for
19the Secretary of State may elect to establish eligible
20creditable service for up to 5 years of service as a police
21officer under Article 3, a policeman under Article 5, a
22sheriff's law enforcement employee under Article 7, a member of
23the county police department under Article 9, or a police
24officer under Article 15 by filing a written election with the
25Board and paying to the System an amount to be determined by
26the Board, equal to (i) the difference between the amount of

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1employee and employer contributions transferred to the System
2under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3and the amounts that would have been contributed had such
4contributions been made at the rates applicable to State
5policemen, plus (ii) interest thereon at the effective rate for
6each year, compounded annually, from the date of service to the
7date of payment.
8 Subject to the limitation in subsection (i), an
9investigator for the Office of the Attorney General, or an
10investigator for the Department of Revenue, may elect to
11establish eligible creditable service for up to 5 years of
12service as a police officer under Article 3, a policeman under
13Article 5, a sheriff's law enforcement employee under Article
147, or a member of the county police department under Article 9
15by filing a written election with the Board within 6 months
16after August 25, 2009 (the effective date of Public Act 96-745)
17and paying to the System an amount to be determined by the
18Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
21amounts that would have been contributed had such contributions
22been made at the rates applicable to State policemen, plus (ii)
23interest thereon at the actuarially assumed rate for each year,
24compounded annually, from the date of service to the date of
25payment.
26 Subject to the limitation in subsection (i), a State

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1policeman, conservation police officer, investigator for the
2Office of the Attorney General, an investigator for the
3Department of Revenue, or investigator for the Secretary of
4State may elect to establish eligible creditable service for up
5to 5 years of service as a person employed by a participating
6municipality to perform police duties, or law enforcement
7officer employed on a full-time basis by a forest preserve
8district under Article 7, a county corrections officer, or a
9court services officer under Article 9, by filing a written
10election with the Board within 6 months after August 25, 2009
11(the effective date of Public Act 96-745) and paying to the
12System an amount to be determined by the Board, equal to (i)
13the difference between the amount of employee and employer
14contributions transferred to the System under Sections 7-139.8
15and 9-121.10 and the amounts that would have been contributed
16had such contributions been made at the rates applicable to
17State policemen, plus (ii) interest thereon at the actuarially
18assumed rate for each year, compounded annually, from the date
19of service to the date of payment.
20 (i) The total amount of eligible creditable service
21established by any person under subsections (g), (h), (j), (k),
22and (l) of this Section shall not exceed 12 years.
23 (j) Subject to the limitation in subsection (i), an
24investigator for the Office of the State's Attorneys Appellate
25Prosecutor or a controlled substance inspector may elect to
26establish eligible creditable service for up to 10 years of his

SB1519- 19 -LRB100 05700 RLC 20666 b
1service as a policeman under Article 3 or a sheriff's law
2enforcement employee under Article 7, by filing a written
3election with the Board, accompanied by payment of an amount to
4be determined by the Board, equal to (1) the difference between
5the amount of employee and employer contributions transferred
6to the System under Section 3-110.6 or 7-139.8, and the amounts
7that would have been contributed had such contributions been
8made at the rates applicable to State policemen, plus (2)
9interest thereon at the effective rate for each year,
10compounded annually, from the date of service to the date of
11payment.
12 (k) Subject to the limitation in subsection (i) of this
13Section, an alternative formula employee may elect to establish
14eligible creditable service for periods spent as a full-time
15law enforcement officer or full-time corrections officer
16employed by the federal government or by a state or local
17government located outside of Illinois, for which credit is not
18held in any other public employee pension fund or retirement
19system. To obtain this credit, the applicant must file a
20written application with the Board by March 31, 1998,
21accompanied by evidence of eligibility acceptable to the Board
22and payment of an amount to be determined by the Board, equal
23to (1) employee contributions for the credit being established,
24based upon the applicant's salary on the first day as an
25alternative formula employee after the employment for which
26credit is being established and the rates then applicable to

SB1519- 20 -LRB100 05700 RLC 20666 b
1alternative formula employees, plus (2) an amount determined by
2the Board to be the employer's normal cost of the benefits
3accrued for the credit being established, plus (3) regular
4interest on the amounts in items (1) and (2) from the first day
5as an alternative formula employee after the employment for
6which credit is being established to the date of payment.
7 (l) Subject to the limitation in subsection (i), a security
8employee of the Department of Corrections may elect, not later
9than July 1, 1998, to establish eligible creditable service for
10up to 10 years of his or her service as a policeman under
11Article 3, by filing a written election with the Board,
12accompanied by payment of an amount to be determined by the
13Board, equal to (i) the difference between the amount of
14employee and employer contributions transferred to the System
15under Section 3-110.5, and the amounts that would have been
16contributed had such contributions been made at the rates
17applicable to security employees of the Department of
18Corrections, plus (ii) interest thereon at the effective rate
19for each year, compounded annually, from the date of service to
20the date of payment.
21 (m) The amendatory changes to this Section made by this
22amendatory Act of the 94th General Assembly apply only to: (1)
23security employees of the Department of Juvenile Justice
24employed by the Department of Corrections before the effective
25date of this amendatory Act of the 94th General Assembly and
26transferred to the Department of Juvenile Justice by this

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1amendatory Act of the 94th General Assembly; and (2) persons
2employed by the Department of Juvenile Justice on or after the
3effective date of this amendatory Act of the 94th General
4Assembly who are required by subsection (b) of Section 3-2.5-15
5of the Unified Code of Corrections to have any a bachelor's or
6advanced degree from an accredited college or university with a
7specialization in criminal justice, education, psychology,
8social work, or a closely related social science or, in the
9case of persons who provide vocational training, who are
10required to have adequate knowledge in the skill for which they
11are providing the vocational training.
12 (n) A person employed in a position under subsection (b) of
13this Section who has purchased service credit under subsection
14(j) of Section 14-104 or subsection (b) of Section 14-105 in
15any other capacity under this Article may convert up to 5 years
16of that service credit into service credit covered under this
17Section by paying to the Fund an amount equal to (1) the
18additional employee contribution required under Section
1914-133, plus (2) the additional employer contribution required
20under Section 14-131, plus (3) interest on items (1) and (2) at
21the actuarially assumed rate from the date of the service to
22the date of payment.
23(Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09;
2496-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff.
257-2-10.)

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1 Section 10. The Unified Code of Corrections is amended by
2changing Sections 3-2.5-15 and 3-10-2 as follows:
3 (730 ILCS 5/3-2.5-15)
4 Sec. 3-2.5-15. Department of Juvenile Justice; assumption
5of duties of the Juvenile Division.
6 (a) The Department of Juvenile Justice shall assume the
7rights, powers, duties, and responsibilities of the Juvenile
8Division of the Department of Corrections. Personnel, books,
9records, property, and unencumbered appropriations pertaining
10to the Juvenile Division of the Department of Corrections shall
11be transferred to the Department of Juvenile Justice on the
12effective date of this amendatory Act of the 94th General
13Assembly. Any rights of employees or the State under the
14Personnel Code or any other contract or plan shall be
15unaffected by this transfer.
16 (b) Department of Juvenile Justice personnel who are hired
17by the Department on or after the effective date of this
18amendatory Act of the 94th General Assembly and who participate
19or assist in the rehabilitative and vocational training of
20delinquent youths, supervise the daily activities involving
21direct and continuing responsibility for the youth's security,
22welfare and development, or participate in the personal
23rehabilitation of delinquent youth by training, supervising,
24and assisting lower level personnel who perform these duties
25must be over the age of 21 and have any a bachelor's or

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1advanced degree from an accredited college or university with a
2specialization in criminal justice, education, psychology,
3social work, or a closely related social science or other
4bachelor's or advanced degree with at least 2 years experience
5in the field of juvenile matters. This requirement shall not
6apply to security, clerical, food service, and maintenance
7staff that do not have direct and regular contact with youth.
8The degree requirements specified in this subsection (b) are
9not required of persons who provide vocational training and who
10have adequate knowledge in the skill for which they are
11providing the vocational training.
12 (c) Subsection (b) of this Section does not apply to
13personnel transferred to the Department of Juvenile Justice on
14the effective date of this amendatory Act of the 94th General
15Assembly.
16 (d) The Department shall be under the direction of the
17Director of Juvenile Justice as provided in this Code.
18 (e) The Director shall organize divisions within the
19Department and shall assign functions, powers, duties, and
20personnel as required by law. The Director may create other
21divisions and may assign other functions, powers, duties, and
22personnel as may be necessary or desirable to carry out the
23functions and responsibilities vested by law in the Department.
24The Director may, with the approval of the Office of the
25Governor, assign to and share functions, powers, duties, and
26personnel with other State agencies such that administrative

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1services and administrative facilities are provided by a shared
2administrative service center. Where possible, shared services
3which impact youth should be done with child-serving agencies.
4These administrative services may include, but are not limited
5to, all of the following functions: budgeting, accounting
6related functions, auditing, human resources, legal,
7procurement, training, data collection and analysis,
8information technology, internal investigations, intelligence,
9legislative services, emergency response capability, statewide
10transportation services, and general office support.
11 (f) The Department of Juvenile Justice may enter into
12intergovernmental cooperation agreements under which minors
13adjudicated delinquent and committed to the Department of
14Juvenile Justice may participate in county juvenile impact
15incarceration programs established under Section 3-6039 of the
16Counties Code.
17 (g) The Department of Juvenile Justice must comply with the
18ethnic and racial background data collection procedures
19provided in Section 4.5 of the Criminal Identification Act.
20(Source: P.A. 98-528, eff. 1-1-15; 98-689, eff. 1-1-15.)
21 (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
22 Sec. 3-10-2. Examination of Persons Committed to the
23Department of Juvenile Justice.
24 (a) A person committed to the Department of Juvenile
25Justice shall be examined in regard to his medical,

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1psychological, social, educational and vocational condition
2and history, including the use of alcohol and other drugs, the
3circumstances of his offense and any other information as the
4Department of Juvenile Justice may determine.
5 (a-5) Upon admission of a person committed to the
6Department of Juvenile Justice, the Department of Juvenile
7Justice must provide the person with appropriate information
8concerning HIV and AIDS in writing, verbally, or by video or
9other electronic means. The Department of Juvenile Justice
10shall develop the informational materials in consultation with
11the Department of Public Health. At the same time, the
12Department of Juvenile Justice also must offer the person the
13option of being tested, at no charge to the person, for
14infection with human immunodeficiency virus (HIV). Pre-test
15information shall be provided to the committed person and
16informed consent obtained as required in subsection (q) of
17Section 3 and Section 5 of the AIDS Confidentiality Act. The
18Department of Juvenile Justice may conduct opt-out HIV testing
19as defined in Section 4 of the AIDS Confidentiality Act. If the
20Department conducts opt-out HIV testing, the Department shall
21place signs in English, Spanish and other languages as needed
22in multiple, highly visible locations in the area where HIV
23testing is conducted informing inmates that they will be tested
24for HIV unless they refuse, and refusal or acceptance of
25testing shall be documented in the inmate's medical record. The
26Department shall follow procedures established by the

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1Department of Public Health to conduct HIV testing and testing
2to confirm positive HIV test results. All testing must be
3conducted by medical personnel, but pre-test and other
4information may be provided by committed persons who have
5received appropriate training. The Department, in conjunction
6with the Department of Public Health, shall develop a plan that
7complies with the AIDS Confidentiality Act to deliver
8confidentially all positive or negative HIV test results to
9inmates or former inmates. Nothing in this Section shall
10require the Department to offer HIV testing to an inmate who is
11known to be infected with HIV, or who has been tested for HIV
12within the previous 180 days and whose documented HIV test
13result is available to the Department electronically. The
14testing provided under this subsection (a-5) shall consist of a
15test approved by the Illinois Department of Public Health to
16determine the presence of HIV infection, based upon
17recommendations of the United States Centers for Disease
18Control and Prevention. If the test result is positive, a
19reliable supplemental test based upon recommendations of the
20United States Centers for Disease Control and Prevention shall
21be administered.
22 Also upon admission of a person committed to the Department
23of Juvenile Justice, the Department of Juvenile Justice must
24inform the person of the Department's obligation to provide the
25person with medical care.
26 (b) Based on its examination, the Department of Juvenile

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1Justice may exercise the following powers in developing a
2treatment program of any person committed to the Department of
3Juvenile Justice:
4 (1) Require participation by him in vocational,
5 physical, educational and corrective training and
6 activities to return him to the community.
7 (2) Place him in any institution or facility of the
8 Department of Juvenile Justice.
9 (3) Order replacement or referral to the Parole and
10 Pardon Board as often as it deems desirable. The Department
11 of Juvenile Justice shall refer the person to the Parole
12 and Pardon Board as required under Section 3-3-4.
13 (4) Enter into agreements with the Secretary of Human
14 Services and the Director of Children and Family Services,
15 with courts having probation officers, and with private
16 agencies or institutions for separate care or special
17 treatment of persons subject to the control of the
18 Department of Juvenile Justice.
19 (c) The Department of Juvenile Justice shall make periodic
20reexamination of all persons under the control of the
21Department of Juvenile Justice to determine whether existing
22orders in individual cases should be modified or continued.
23This examination shall be made with respect to every person at
24least once annually.
25 (d) A record of the treatment decision including any
26modification thereof and the reason therefor, shall be part of

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1the committed person's master record file.
2 (e) The Department of Juvenile Justice shall by regular
3certified mail and telephone or electronic message notify the
4parent, guardian, or nearest relative of any person committed
5to the Department of Juvenile Justice of his or her physical
6location and any change of his or her physical location
7thereof.
8(Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78,
9eff. 7-20-15.)
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