Enactment of Senate Bill 92, which creates an Illinois cabinet-level Department of Juvenile Justice, has been called a first step toward changing a corrections culture that emphasizes incarceration over rehabilitation for young offenders.

Sections of the new law, which was signed in November by the governor, offer solutions to many of the problems cited by speakers on Dec. 8 in an ISBA Midyear Meeting program on the over-representation of minorities in the juvenile justice system.

The main thrust is moving juveniles out of the Department of Corrections and into a new state agency that is devoted to diverting delinquent youths from criminal careers.

“The creation of this new agency with a new philosophy towards youth brings Illinois back into line as being a leader in juvenile justice,” said Springfield attorney Frank J. Kopecky, chair of the Illinois Juvenile Justice Initiative and member of the ISBA Child Law Section Council.

The Illinois House passed the amended bill during the veto session on Nov. 3 by a vote of 71 to 44, and the Senate concurred on Nov. 4, 42 to 16. It became P.A. 94-0696 on Nov. 17, effective June 1, 2006.

The mission of the new department will be to “provide treatment and services through a comprehensive continuum of individualized education, vocational, social, emotional, and basic life skills to enable youth to avoid delinquent futures and become productive, fulfilled citizens.”

It has the authority to provide a mix of services that include residential and non-residential commitment programs, day treatment and conditional release pro-grams.

Transitional and post-release treatment programs available for juveniles will include counseling, referral, mental health, educational and substance abuse services.

The state's eight juvenile facilities and the Department of Corrections School District will be moved to the new Department of Juvenile Justice. Current staff who are moved will retain contracts, rights and benefits.

A key requirement is that all newly hired staff members who deal directly and regularly with juveniles must have college degrees with specialization in criminal justice, education, psychology, sociology, social work, or closely related education appropriate for the needs of at-risk youths.

Illinois will be joining about 30 other states that have separated youths from adults in their correctional systems. The state Department of Corrections in November had 45,454 adult inmates and 1,485 juveniles.

The Juvenile Justice Initiative noted that an average of 47 percent of youths who are released from the system return to prison within three years. The recidivism rate for juveniles in the model Missouri system is only 8 percent.