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Section 3 - Plans for Compliance with the First Three Core-Requirements of the JJDP Act and the State's Plan for Compliance Monitoring
3A - Plan for Deinstitutionalization of Status Offenders
There were no changes to the plan for Deinstitutionalization of Status Offenders (DSO), only updates to the status.
Illinois continues to be in compliance with the Deinstitutionalization of Status Offenders (DSO) core requirement.
In 2007, violations in juvenile detention centers totaled 52.In 2007 11 counties out of 17 with juvenile detention centers accounted for all 52 violations. Illinois' de minimus figure for compliance in 2007 was 188 violations.
In 2008 violations in juvenile detention centers totaled 63.In 2008 11 counties out of17 with juvenile detention centers accounted for all 63 violations. In Illinois' de minimums figure for compliance in 2008 was 188.
In 2009, violations in juvenile detention centers totaled 41. Ten counties out of seventeen with Juvenile detention centers accounted for all 41 violations (truancy 24, non offenders 7, and other 19). Illinois de minimis figure for compliance in 2009 was 182 violations.
Plan to Maintain Compliance - Status Offenders
Illinois has worked diligently to become compliant with the DSO core requirement of the JJDP Act. Illinois continues to ensure it will maintain compliance through a variety of strategies:
- The SAG is concentrating its efforts on those six counties that accounted for 60 percent of the detention of status offenders in juvenile detention centers. SAG staff have found that meeting in person with key stakeholders in the juvenile detention process helps to educate persons on detention alternatives and development of additional resources. As SAG staff conduct local meetings, attempts are made to involve the detention center leadership, juvenile probation, the judiciary, state's attorney and public defender. Community service providers are involved in subsequent discussions and planning efforts, as needed.
- The Illinois Department of Human Services (IDHS) has previously funded four projects designed to prevent status offenders from being detained in a secure setting. The pilot projects were chosen based upon the community need and the high number of DSO violations exhibited in each targeted community. IDHS intends to continue to use strategies such as these to address issues in newly identified counties as appropriate, as their success is evident by the overall compliance of the state.
- The SAG has always worked in partnership with the Illinois Juvenile Detention Alternatives Initiative Partners Group to address these issues on multiple fronts. Site visits, technical assistance opportunities, capacity building efforts, and more are part of the approach to address the DSO issues in the counties. As the SAG has now assumed the responsibility for administering the JDAI grant and is forming a Detention alternatives committee, this will enable SAG to work much more efficiently and effectively to address identified issues as they arise.
- The SAG is also beginning to work closely with the education community regarding truancy issues. In some Illinois communities, truants are court-ordered to attend school. If the youth does not attend school then it is a contempt of court and sometimes the youth is detained. SAG is interested in working with the Illinois State Board of Education and Regional Superintendent of Schools offices to develop alternatives to holding truants in secure detention.
3B - Plan for Separation of Juveniles from Adult Offenders
Juveniles alleged to be or found to be delinquent, status offenders, and non-offenders shall not have contact with adult persons who are incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges. The separation of juveniles from adults must be both by sight and sound.
There were no changes to Illinois' plan for compliance with the separation requirement. An update of Illinois' current status is provided below. In 2007, 2008 and 2009 there were no findings of non-compliance with the separation requirement.
3C - Plan for Removal of Juveniles from Adult Jail and Lockups
Currently in Illinois the six-hour hold exception is utilized. Illinois is in full compliance with the Jail Removal requirement and therefore, the rural removal and transfer/waiver exceptions are not utilized.
Juveniles accused of committing acts which would be not be criminal for adults are not to be securely detained in jails or lockups. A rule of reason is applied, allowing alleged delinquents to be detained for up to six hours for the purpose of investigation and identification. The clock starts the moment a juvenile is placed into a locked setting. This includes any locked room, or when a juvenile is handcuffed to a stationary object. At the end of the six hours the juvenile must be released or transferred to a juvenile detention center.
Prior to the year 2000, Illinois had been using the old interpretation that once the clock started, it could not be stopped until the juvenile was released from custody, even if the juvenile was removed from the locked setting. Starting in 2000, Illinois began using a new interpretation of the rule approved by OJJDP stating that once the clock starts it can be stopped once the juvenile is permanently removed from the locked setting.
Illinois continues to be in compliance with the jail removal core requirement.
In 2007, 39 county jails and 176 municipal lockups in Illinois securely detained juveniles. Of these, 12 county jails and 27 municipal lockups exceeded the six-hour limit at least once, resulting in 160 violations (51 in county jails and 109 in municipal lockups). The de minimus number for Illinois is 274.
In 2008, 39 county jails and 176 municipal lockups in Illinois securely detain juveniles. Of these, 13 county jails and 30 municipal lockups exceeded the six hour limit at least once, resulting in 183 violations (62 in county jails and 121 in municipal lockups). The de minimus number for Illinois is 274.
In 2009, 12 county jails and 25 municipal lockups exceeded the six-hour limit at least once, resulting in 163 violations (50 county jails and 113 in municipal lockups). The de minimis number for Illinois is 270.
3D - Plan for Compliance Monitoring
To adequately report compliance with the core requirements of the JJDP Act data must be collected from all facilities where juveniles are placed while they are under the jurisdiction of the Juvenile Court Act. The data are used to determine the State's compliance with the core requirements that:
- No status or non offenders are securely detained;
- Adult and juvenile offenders are detained sight and sound separate from each other;
- Juvenile offenders are detained in jails and lock ups for no more than six hours;
- The problem of disproportionate incarceration of minority youth is identified and addressed.
Significant changes or additions to this section include the expansion of the Department's monitoring universe to include Illinois Youth Centers (training schools), group homes, hospitals, and railroads that may securely detain youth. This expansion required the need for a part time compliance monitor.
An additional change since our previous application is that the SAG now contracts out for the primary compliance monitoring services. To that end, the Youth Network Council receives a grant for compliance monitoring services. YNC has hired a primary compliance monitor and a part time compliance monitor.
Information about the current classification of facilities in Illinois is presented below:
||# of Facilities
||# that Securely Detain Juveniles
||# Reporting to eJMIS
||0 (reports, but not to JMIS)
Updates to the trend analysis are as follows:
In 2007 staff from the IDOC visited 456 full and part-time municipal lockups, 92 county jails and 17 juvenile detention centers. IDHS monitor visited five Illinois Youth Centers. IDOC also conducted approximately 44 on-site technical assistance visits.
In 2008 staff from the IDOC visited 357 full and part-time municipal lockups and 88 county jails. IDOC also conducted approximately 36 on-site technical assistance visits. IDJJ visited 17 juvenile detention centers and 4 Illinois Youth Centers.
In 2009, staff from IDOC visited 413 full and part-time municipal lockups and 86 county jails. IDOC also conducted approximately 41 on-site technical assistance visits. IDJJ visited 17 juvenile detention centers and 4 Illinois Youth Centers.
IJJC will continue to utilize the services and expertise of IDOC and IDJJ to monitor compliance with all three of these core requirements.
*Copy of Compliance Monitoring Policy and Procedure Manual attached.
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