Senate Amendment 65
H 5100 - Session 125 (2023-2024)
Budget

S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

ALLEN/NEWBOULT

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 23, 2024

3108960889000

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5100  (Reference is to Printer's Date 04/23/24-S.)

04572000

 Senator MALLOY proposes the following amendment (SA\5100C012.JN.SA24.DOCX):

 Amend the bill, as and if amended, Part IB, Section 67, DEPARTMENT OF JUVENILE JUSTICE, beginning on page 453, by striking proviso 67.13 and inserting:

/ 67.13. (DJJ: Early Release Authorization) In order to avoid unconstitutional levels of overcrowding and other unconstitutional conditions from occurring in facilities operated by the department and in residential programs operated for the department, the number of children housed in residential placements (either committed to the custody of the Department of Juvenile Justice or who are under the department's supervision) shall not exceed the number of beds available to the department to house them. Should appropriation reductions necessitate that the department close any additional facility, program, or housing unit it operates, or to be unable to fund any additional residential program operated for its benefit, the department is authorized and empowered to release from its residential placements sufficient numbers of children committed to its custody or supervision for a status offense, a misdemeanor offense, other than Assault and Battery of a High and Aggravated Nature and Assault with Intent to Kill, or for violation of probation/contempt of a status offense or a misdemeanor offense, other than Assault and Battery of a High and Aggravated Nature and Assault with Intent to Kill, so that the number of children in its custody or under its supervision and placed in these residential placements does not exceed the number of housing units/beds available to properly house those children. No child adjudicated delinquent for a violent crime as defined in Section 16-1-60 of the 1976 Code, a felony offense as defined in Section 16-1-90 of the 1976 Code, or a sexual offense shall be released pursuant to this proviso. / 

 Amend sections, totals and title to conform.