SB2992eng 98TH GENERAL ASSEMBLY

SB2992 Engrossed LRB098 17794 RLC 52916 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Juvenile Justice Mortality Review Team Act is amended by changing Sections 20, 25, and 30 as follows:

(730 ILCS 195/20)

Sec. 20. Reviews of youth deaths.

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

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

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

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

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

(A) Training.

(B) Assessment and referral for services.

(C) Communication.

(D) Housing.

(E) Supervision of youth.

(F) Intervention in critical incidents.

(G) Reporting.

(H) Follow-up and mortality review following critical incidents or youth deaths.

(3) Recommend continuing education and training for Department staff.

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

(d) A mortality review team shall review a youth death as soon as practicable and not later than within 60 90 days after a law enforcement agency's completion of its investigation if the death is the result of alleged or suspected criminal activity. If there has been no investigation by a law enforcement agency, the mortality review team shall review a youth's death within 60 90 days after obtaining the information necessary to complete the review from the coroner, pathologist, medical examiner, or law enforcement agency, depending on the nature of the case. The team shall meet as needed in person or via teleconference or video conference following appointment of the team members. When necessary and upon request of the team, the Director may extend the deadline for a review up to an additional 90 days.

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

(730 ILCS 195/25)

Sec. 25. Director's reply and additional report.

(a) As soon as practicable, but not later than 90 days after receipt of the recommendations made by a team pursuant to subdivision (c)(4) of Section 20, the Director shall review and reply to each such recommendation. With respect to each recommendation made by a team, the Director shall submit his or her reply to the chairperson of that team. The Director's reply to each recommendation must include a statement as to whether the Director intends to implement the recommendation. The Director shall implement a team's recommendations as feasible and appropriate and shall respond in writing to explain the implementation or non-implementation of each recommendation.

(b) Within 60 90 days after the Director submits a reply with respect to a recommendation as required by subsection (a), the Director must submit an additional report to the chairperson of the team that sets forth in detail the way, if any, in which the Director will implement the recommendation and the schedule for implementing the recommendation.

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

(730 ILCS 195/30)

Sec. 30. Report to Executive Inspector General. Within 120 180 days after the Director submits a reply under subsection (a) of Section 25 concerning the implementation of a team's recommendation, the Director shall submit a further report to the chairperson of the team that made the recommendation and to the Executive Inspector General appointed by the Governor under Section 20-10 of the State Officials and Employees Ethics Act. The Director's report shall set forth any specific changes in the Department's policies and procedures that have been made in response to the team's recommendation.

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