Illinois 2023-2024 Regular Session

Illinois House Bill HB2328 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410 Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Provides that any minor 14 (rather than 10) years of age or older may be kept or detained in an authorized detention facility if the minor is arrested pursuant to the Act and there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of specified factors. Provides that no minor under 14 (instead of 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, if the minor was found guilty of a felony offense or first degree murder. Provides that a minor under the age of 14 who is in violation of the law may be the subject of a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program. LRB103 28293 RLC 54672 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410 20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410 Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Provides that any minor 14 (rather than 10) years of age or older may be kept or detained in an authorized detention facility if the minor is arrested pursuant to the Act and there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of specified factors. Provides that no minor under 14 (instead of 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, if the minor was found guilty of a felony offense or first degree murder. Provides that a minor under the age of 14 who is in violation of the law may be the subject of a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program. LRB103 28293 RLC 54672 b LRB103 28293 RLC 54672 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410 20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410
4	4	20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9
5	5	705 ILCS 405/5-410
6	6	Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Provides that any minor 14 (rather than 10) years of age or older may be kept or detained in an authorized detention facility if the minor is arrested pursuant to the Act and there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of specified factors. Provides that no minor under 14 (instead of 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, if the minor was found guilty of a felony offense or first degree murder. Provides that a minor under the age of 14 who is in violation of the law may be the subject of a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning minors.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Children and Family Services Act is amended
16	16	5 by changing Section 17a-9 as follows:
17	17	6 (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)
18	18	7 Sec. 17a-9. Illinois Juvenile Justice Commission.
19	19	8 (a) There is hereby created the Illinois Juvenile Justice
20	20	9 Commission which shall consist of 25 persons appointed by the
21	21	10 Governor. The Chairperson of the Commission shall be appointed
22	22	11 by the Governor. Of the initial appointees, 8 shall serve a
23	23	12 one-year term, 8 shall serve a two-year term and 9 shall serve
24	24	13 a three-year term. Thereafter, each successor shall serve a
25	25	14 three-year term. Vacancies shall be filled in the same manner
26	26	15 as original appointments. Once appointed, members shall serve
27	27	16 until their successors are appointed and qualified. Members
28	28	17 shall serve without compensation, except they shall be
29	29	18 reimbursed for their actual expenses in the performance of
30	30	19 their duties. The Commission shall carry out the rights,
31	31	20 powers and duties established in subparagraph (3) of paragraph
32	32	21 (a) of Section 223 of the Federal "Juvenile Justice and
33	33	22 Delinquency Prevention Act of 1974", as now or hereafter
34	34	23 amended. The Commission shall determine the priorities for
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
39	39	20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410 20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410
40	40	20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9
41	41	705 ILCS 405/5-410
42	42	Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Provides that any minor 14 (rather than 10) years of age or older may be kept or detained in an authorized detention facility if the minor is arrested pursuant to the Act and there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of specified factors. Provides that no minor under 14 (instead of 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, if the minor was found guilty of a felony offense or first degree murder. Provides that a minor under the age of 14 who is in violation of the law may be the subject of a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program.
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45	45	A BILL FOR
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51	51	20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9
52	52	705 ILCS 405/5-410
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71	71	1 expenditure of funds made available to the State by the
72	72	2 Federal Government pursuant to that Act. The Commission shall
73	73	3 have the following powers and duties:
74	74	4 (1) Development, review and final approval of the
75	75	5 State's juvenile justice plan for funds under the Federal
76	76	6 "Juvenile Justice and Delinquency Prevention Act of 1974";
77	77	7 (2) Review and approve or disapprove juvenile justice
78	78	8 and delinquency prevention grant applications to the
79	79	9 Department for federal funds under that Act;
80	80	10 (3) Annual submission of recommendations to the
81	81	11 Governor and the General Assembly concerning matters
82	82	12 relative to its function;
83	83	13 (4) Responsibility for the review of funds allocated
84	84	14 to Illinois under the "Juvenile Justice and Delinquency
85	85	15 Prevention Act of 1974" to ensure compliance with all
86	86	16 relevant federal laws and regulations;
87	87	17 (5) Function as the advisory committee for the State
88	88	18 Youth and Community Services Program as authorized under
89	89	19 Section 17 of this Act, and in that capacity be authorized
90	90	20 and empowered to assist and advise the Secretary of Human
91	91	21 Services on matters related to juvenile justice and
92	92	22 delinquency prevention programs and services; and
93	93	23 (5.5) Study and make recommendations to the General
94	94	24 Assembly regarding the availability of youth services to
95	95	25 reduce the use of detention and prevent deeper criminal
96	96	26 involvement; and
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107	107	1 (6) Study the impact of, develop timelines, and
108	108	2 propose a funding structure to accommodate the expansion
109	109	3 of the jurisdiction of the Illinois Juvenile Court to
110	110	4 include youth age 17 under the jurisdiction of the
111	111	5 Juvenile Court Act of 1987. The Commission shall submit a
112	112	6 report by December 31, 2011 to the General Assembly with
113	113	7 recommendations on extending juvenile court jurisdiction
114	114	8 to youth age 17 charged with felony offenses.
115	115	9 (b) On the effective date of this amendatory Act of the
116	116	10 96th General Assembly, the Illinois Juvenile Jurisdiction Task
117	117	11 Force created by Public Act 95-1031 is abolished and its
118	118	12 duties are transferred to the Illinois Juvenile Justice
119	119	13 Commission as provided in paragraph (6) of subsection (a) of
120	120	14 this Section.
121	121	15 (Source: P.A. 96-1199, eff. 1-1-11.)
122	122	16 Section 10. The Juvenile Court Act of 1987 is amended by
123	123	17 changing Section 5-410 as follows:
124	124	18 (705 ILCS 405/5-410)
125	125	19 Sec. 5-410. Non-secure custody or detention.
126	126	20 (1) Placement of a minor away from his or her home must be
127	127	21 a last resort and the least restrictive alternative available.
128	128	22 Any minor arrested or taken into custody pursuant to this Act
129	129	23 who requires care away from his or her home but who does not
130	130	24 require physical restriction shall be given temporary care in
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141	141	1 a foster family home or other shelter facility designated by
142	142	2 the court.
143	143	3 (2) (a) Any minor 14 10 years of age or older arrested
144	144	4 pursuant to this Act where there is probable cause to believe
145	145	5 that the minor is a delinquent minor and that (i) secure
146	146	6 custody is a matter of immediate and urgent necessity, in
147	147	7 light of a serious threat to the physical safety of a person or
148	148	8 persons in the community or in order to secure the presence of
149	149	9 the minor at the next hearing, as evidenced by a demonstrable
150	150	10 record of willful failure to appear at a scheduled court
151	151	11 hearing within the past 12 months, may be kept or detained in
152	152	12 an authorized detention facility. for the protection of the
153	153	13 minor or of the person or property of another, (ii) the minor
154	154	14 is likely to flee the jurisdiction of the court, or (iii) the
155	155	15 minor was taken into custody under a warrant, may be kept or
156	156	16 detained in an authorized detention facility. A minor under 13
157	157	17 years of age shall not be admitted, kept, or detained in a
158	158	18 detention facility unless a local youth service provider,
159	159	19 including a provider through the Comprehensive Community Based
160	160	20 Youth Services network, has been contacted and has not been
161	161	21 able to accept the minor. No minor under 14 12 years of age
162	162	22 shall be detained in a county jail or a municipal lockup for
163	163	23 more than 6 hours. A minor under the age of 14 who is in
164	164	24 violation of the law may be the subject of a petition under
165	165	25 Article III or may be held accountable through a community
166	166	26 mediation program as set forth in Section 5-310.
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177	177	1 (a-5) For a minor arrested or taken into custody for
178	178	2 vehicular hijacking or aggravated vehicular hijacking, a
179	179	3 previous finding of delinquency for vehicular hijacking or
180	180	4 aggravated vehicular hijacking shall be given greater weight
181	181	5 in determining whether secured custody of a minor is a matter
182	182	6 of immediate and urgent necessity for the protection of the
183	183	7 minor or of the person or property of another.
184	184	8 (b) The written authorization of the probation officer or
185	185	9 detention officer (or other public officer designated by the
186	186	10 court in a county having 3,000,000 or more inhabitants)
187	187	11 constitutes authority for the superintendent of any juvenile
188	188	12 detention home to detain and keep a minor for up to 40 hours,
189	189	13 excluding Saturdays, Sundays, and court-designated holidays.
190	190	14 These records shall be available to the same persons and
191	191	15 pursuant to the same conditions as are law enforcement records
192	192	16 as provided in Section 5-905.
193	193	17 (b-4) The consultation required by paragraph (b-5) shall
194	194	18 not be applicable if the probation officer or detention
195	195	19 officer (or other public officer designated by the court in a
196	196	20 county having 3,000,000 or more inhabitants) utilizes a
197	197	21 scorable detention screening instrument, which has been
198	198	22 developed with input by the State's Attorney, to determine
199	199	23 whether a minor should be detained, however, paragraph (b-5)
200	200	24 shall still be applicable where no such screening instrument
201	201	25 is used or where the probation officer, detention officer (or
202	202	26 other public officer designated by the court in a county
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213	213	1 having 3,000,000 or more inhabitants) deviates from the
214	214	2 screening instrument.
215	215	3 (b-5) Subject to the provisions of paragraph (b-4), if a
216	216	4 probation officer or detention officer (or other public
217	217	5 officer designated by the court in a county having 3,000,000
218	218	6 or more inhabitants) does not intend to detain a minor for an
219	219	7 offense which constitutes one of the following offenses he or
220	220	8 she shall consult with the State's Attorney's Office prior to
221	221	9 the release of the minor: first degree murder, second degree
222	222	10 murder, involuntary manslaughter, criminal sexual assault,
223	223	11 aggravated criminal sexual assault, aggravated battery with a
224	224	12 firearm as described in Section 12-4.2 or subdivision (e)(1),
225	225	13 (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
226	226	14 heinous battery involving permanent disability or
227	227	15 disfigurement or great bodily harm, robbery, aggravated
228	228	16 robbery, armed robbery, vehicular hijacking, aggravated
229	229	17 vehicular hijacking, vehicular invasion, arson, aggravated
230	230	18 arson, kidnapping, aggravated kidnapping, home invasion,
231	231	19 burglary, or residential burglary.
232	232	20 (c) Except as otherwise provided in paragraph (a), (d), or
233	233	21 (e), no minor shall be detained in a county jail or municipal
234	234	22 lockup for more than 12 hours, unless the offense is a crime of
235	235	23 violence in which case the minor may be detained up to 24
236	236	24 hours. For the purpose of this paragraph, "crime of violence"
237	237	25 has the meaning ascribed to it in Section 1-10 of the
238	238	26 Alcoholism and Other Drug Abuse and Dependency Act.
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249	249	1 (i) The period of detention is deemed to have begun
250	250	2 once the minor has been placed in a locked room or cell or
251	251	3 handcuffed to a stationary object in a building housing a
252	252	4 county jail or municipal lockup. Time spent transporting a
253	253	5 minor is not considered to be time in detention or secure
254	254	6 custody.
255	255	7 (ii) Any minor so confined shall be under periodic
256	256	8 supervision and shall not be permitted to come into or
257	257	9 remain in contact with adults in custody in the building.
258	258	10 (iii) Upon placement in secure custody in a jail or
259	259	11 lockup, the minor shall be informed of the purpose of the
260	260	12 detention, the time it is expected to last and the fact
261	261	13 that it cannot exceed the time specified under this Act.
262	262	14 (iv) A log shall be kept which shows the offense which
263	263	15 is the basis for the detention, the reasons and
264	264	16 circumstances for the decision to detain, and the length
265	265	17 of time the minor was in detention.
266	266	18 (v) Violation of the time limit on detention in a
267	267	19 county jail or municipal lockup shall not, in and of
268	268	20 itself, render inadmissible evidence obtained as a result
269	269	21 of the violation of this time limit. Minors under 18 years
270	270	22 of age shall be kept separate from confined adults and may
271	271	23 not at any time be kept in the same cell, room, or yard
272	272	24 with adults confined pursuant to criminal law. Persons 18
273	273	25 years of age and older who have a petition of delinquency
274	274	26 filed against them may be confined in an adult detention
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285	285	1 facility. In making a determination whether to confine a
286	286	2 person 18 years of age or older who has a petition of
287	287	3 delinquency filed against the person, these factors, among
288	288	4 other matters, shall be considered:
289	289	5 (A) the age of the person;
290	290	6 (B) any previous delinquent or criminal history of
291	291	7 the person;
292	292	8 (C) any previous abuse or neglect history of the
293	293	9 person; and
294	294	10 (D) any mental health or educational history of
295	295	11 the person, or both.
296	296	12 (d) (i) If a minor 12 years of age or older is confined in
297	297	13 a county jail in a county with a population below 3,000,000
298	298	14 inhabitants, then the minor's confinement shall be implemented
299	299	15 in such a manner that there will be no contact by sight, sound,
300	300	16 or otherwise between the minor and adult prisoners. Minors 12
301	301	17 years of age or older must be kept separate from confined
302	302	18 adults and may not at any time be kept in the same cell, room,
303	303	19 or yard with confined adults. This paragraph (d)(i) shall only
304	304	20 apply to confinement pending an adjudicatory hearing and shall
305	305	21 not exceed 40 hours, excluding Saturdays, Sundays, and
306	306	22 court-designated holidays. To accept or hold minors during
307	307	23 this time period, county jails shall comply with all
308	308	24 monitoring standards adopted by the Department of Corrections
309	309	25 and training standards approved by the Illinois Law
310	310	26 Enforcement Training Standards Board.
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321	321	1 (ii) To accept or hold minors, 12 years of age or older,
322	322	2 after the time period prescribed in paragraph (d)(i) of this
323	323	3 subsection (2) of this Section but not exceeding 7 days
324	324	4 including Saturdays, Sundays, and holidays pending an
325	325	5 adjudicatory hearing, county jails shall comply with all
326	326	6 temporary detention standards adopted by the Department of
327	327	7 Corrections and training standards approved by the Illinois
328	328	8 Law Enforcement Training Standards Board.
329	329	9 (iii) To accept or hold minors 12 years of age or older,
330	330	10 after the time period prescribed in paragraphs (d)(i) and
331	331	11 (d)(ii) of this subsection (2) of this Section, county jails
332	332	12 shall comply with all county juvenile detention standards
333	333	13 adopted by the Department of Juvenile Justice.
334	334	14 (e) When a minor who is at least 15 years of age is
335	335	15 prosecuted under the criminal laws of this State, the court
336	336	16 may enter an order directing that the juvenile be confined in
337	337	17 the county jail. However, any juvenile confined in the county
338	338	18 jail under this provision shall be separated from adults who
339	339	19 are confined in the county jail in such a manner that there
340	340	20 will be no contact by sight, sound or otherwise between the
341	341	21 juvenile and adult prisoners.
342	342	22 (f) For purposes of appearing in a physical lineup, the
343	343	23 minor may be taken to a county jail or municipal lockup under
344	344	24 the direct and constant supervision of a juvenile police
345	345	25 officer. During such time as is necessary to conduct a lineup,
346	346	26 and while supervised by a juvenile police officer, the sight
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357	357	1 and sound separation provisions shall not apply.
358	358	2 (g) For purposes of processing a minor, the minor may be
359	359	3 taken to a county jail or municipal lockup under the direct and
360	360	4 constant supervision of a law enforcement officer or
361	361	5 correctional officer. During such time as is necessary to
362	362	6 process the minor, and while supervised by a law enforcement
363	363	7 officer or correctional officer, the sight and sound
364	364	8 separation provisions shall not apply.
365	365	9 (3) If the probation officer or State's Attorney (or such
366	366	10 other public officer designated by the court in a county
367	367	11 having 3,000,000 or more inhabitants) determines that the
368	368	12 minor may be a delinquent minor as described in subsection (3)
369	369	13 of Section 5-105, and should be retained in custody but does
370	370	14 not require physical restriction, the minor may be placed in
371	371	15 non-secure custody for up to 40 hours pending a detention
372	372	16 hearing.
373	373	17 (4) Any minor taken into temporary custody, not requiring
374	374	18 secure detention, may, however, be detained in the home of his
375	375	19 or her parent or guardian subject to such conditions as the
376	376	20 court may impose.
377	377	21 (5) The changes made to this Section by Public Act 98-61
378	378	22 apply to a minor who has been arrested or taken into custody on
379	379	23 or after January 1, 2014 (the effective date of Public Act
380	380	24 98-61).
381	381	25 (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
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