Rep. Jay Hoffman
Filed: 3/24/2017
 
 

 

 

 
10000HB2494ham001LRB100 09001 SLF 23635 a



1
AMENDMENT TO HOUSE BILL 2494 




2    AMENDMENT NO. ______. Amend House Bill 2494 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Unified Code of Corrections is amended  by 
5changing Section 3-2.5-70 as follows:
 
6    (730 ILCS 5/3-2.5-70)
7    Sec. 3-2.5-70. Aftercare.
8    (a) The Department shall implement an aftercare program 
9that includes, at a minimum, the following program elements:
10        (1) A process for developing and implementing a case 
11    management plan for timely and successful reentry into the 
12    community beginning upon commitment.
13        (2) A process for reviewing committed youth for 
14    recommendation for aftercare release.
15        (3) Supervision in accordance with the conditions set 
16    by the Department or Prisoner Review Board and referral to 
 
 
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1    and facilitation of community-based services including 
2    education, social and mental health services, substance 
3    abuse treatment, employment and vocational training, 
4    individual and family counseling, financial counseling, 
5    and other services as appropriate; and assistance in 
6    locating appropriate residential placement and obtaining 
7    suitable employment. The Department may purchase necessary 
8    services for a releasee if they are otherwise unavailable 
9    and the releasee is unable to pay for the services. It may 
10    assess all or part of the costs of these services to a 
11    releasee in accordance with his or her ability to pay for 
12    the services.
13        (4) Standards for sanctioning violations of conditions 
14    of aftercare release that ensure that juvenile offenders 
15    face uniform and consistent consequences that hold them 
16    accountable taking into account aggravating and mitigating 
17    factors and prioritizing public safety.
18        (5) A process for reviewing youth on aftercare release 
19    for discharge. 
20    (b) The Department of Juvenile Justice shall have the 
21following rights, powers, functions, and duties:
22        (1) To investigate alleged violations of an aftercare 
23    releasee's conditions of release; and for this purpose it 
24    may issue subpoenas and compel the attendance of witnesses 
25    and the production of documents only if there is reason to 
26    believe that the procedures would provide evidence that the 
 
 
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1    violations have occurred. If any person fails to obey a 
2    subpoena issued under this subsection, the Director may 
3    apply to any circuit court to secure compliance with the 
4    subpoena. The failure to comply with the order of the court 
5    issued in response thereto shall be punishable as contempt 
6    of court.
7        (2) To issue a violation warrant for the apprehension 
8    of an aftercare releasee for violations of the conditions 
9    of aftercare release. Aftercare specialists and 
10    supervisors have the full power of peace officers in the 
11    retaking of any youth alleged to have violated the 
12    conditions of aftercare release. 
13        (3)  If a county detention facility holds in their 
14    custody a juvenile under a warrant issued by the Department 
15    of Juvenile Justice, the Department shall take custody of 
16    the minor within 48 hours of the minor's apprehension, 
17    excluding weekends and holidays.  The Department shall 
18    report annually to the Supreme Court the number of 
19    juveniles who have violated conditions of aftercare 
20    release and are issued a violation warrant, the number of 
21    juveniles returned to custody, the number  juveniles held in 
22    a county detention facility on a warrant from the 
23    Department, and the number of days the juvenile is held in 
24    county custody before being transferred to the Department. 
25    (c) The Department of Juvenile Justice shall designate 
26aftercare specialists qualified in juvenile matters to perform 
 
 
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1case management and post-release programming functions under 
2this Section. 

3(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)".