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Illinois House Bill HB2347

Illinois 2023-2024 Regular Session

Illinois House Bill HB2347 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2347 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-710 705 ILCS 405/5-750 Amends the Juvenile Court Act of 1987. 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, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice. LRB103 28294 RLC 54673 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2347 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-710 705 ILCS 405/5-750 705 ILCS 405/5-710 705 ILCS 405/5-750 Amends the Juvenile Court Act of 1987. 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, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice. LRB103 28294 RLC 54673 b LRB103 28294 RLC 54673 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2347 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
3+705 ILCS 405/5-710 705 ILCS 405/5-750 705 ILCS 405/5-710 705 ILCS 405/5-750
4+705 ILCS 405/5-710
5+705 ILCS 405/5-750
6+Amends the Juvenile Court Act of 1987. 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, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice.
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312 1 AN ACT concerning minors.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
6-4 Section 5. The Children and Family Services Act is amended
7-5 by changing Section 17a-9 as follows:
8-6 (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)
9-7 Sec. 17a-9. Illinois Juvenile Justice Commission.
10-8 (a) There is hereby created the Illinois Juvenile Justice
11-9 Commission which shall consist of 25 persons appointed by the
12-10 Governor. The Chairperson of the Commission shall be appointed
13-11 by the Governor. Of the initial appointees, 8 shall serve a
14-12 one-year term, 8 shall serve a two-year term and 9 shall serve
15-13 a three-year term. Thereafter, each successor shall serve a
16-14 three-year term. Vacancies shall be filled in the same manner
17-15 as original appointments. Once appointed, members shall serve
18-16 until their successors are appointed and qualified. Members
19-17 shall serve without compensation, except they shall be
20-18 reimbursed for their actual expenses in the performance of
21-19 their duties. The Commission shall carry out the rights,
22-20 powers and duties established in subparagraph (3) of paragraph
23-21 (a) of Section 223 of the Federal "Juvenile Justice and
24-22 Delinquency Prevention Act of 1974", as now or hereafter
25-23 amended. The Commission shall determine the priorities for
15+4 Section 10. The Juvenile Court Act of 1987 is amended by
16+5 changing Sections 5-710 and 5-750 as follows:
17+6 (705 ILCS 405/5-710)
18+7 Sec. 5-710. Kinds of sentencing orders.
19+8 (1) The following kinds of sentencing orders may be made
20+9 in respect of wards of the court:
21+10 (a) Except as provided in Sections 5-805, 5-810, and
22+11 5-815, a minor who is found guilty under Section 5-620 may
23+12 be:
24+13 (i) put on probation or conditional discharge and
25+14 released to his or her parents, guardian or legal
26+15 custodian, provided, however, that any such minor who
27+16 is not committed to the Department of Juvenile Justice
28+17 under this subsection and who is found to be a
29+18 delinquent for an offense which is first degree
30+19 murder, a Class X felony, or a forcible felony shall be
31+20 placed on probation;
32+21 (ii) placed in accordance with Section 5-740, with
33+22 or without also being put on probation or conditional
34+23 discharge;
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34-1 expenditure of funds made available to the State by the
35-2 Federal Government pursuant to that Act. The Commission shall
36-3 have the following powers and duties:
37-4 (1) Development, review and final approval of the
38-5 State's juvenile justice plan for funds under the Federal
39-6 "Juvenile Justice and Delinquency Prevention Act of 1974";
40-7 (2) Review and approve or disapprove juvenile justice
41-8 and delinquency prevention grant applications to the
42-9 Department for federal funds under that Act;
43-10 (3) Annual submission of recommendations to the
44-11 Governor and the General Assembly concerning matters
45-12 relative to its function;
46-13 (4) Responsibility for the review of funds allocated
47-14 to Illinois under the "Juvenile Justice and Delinquency
48-15 Prevention Act of 1974" to ensure compliance with all
49-16 relevant federal laws and regulations;
50-17 (5) Function as the advisory committee for the State
51-18 Youth and Community Services Program as authorized under
52-19 Section 17 of this Act, and in that capacity be authorized
53-20 and empowered to assist and advise the Secretary of Human
54-21 Services on matters related to juvenile justice and
55-22 delinquency prevention programs and services; and
56-23 (5.5) Study and make recommendations to the General
57-24 Assembly regarding the availability of youth services to
58-25 reduce the use of detention and prevent deeper criminal
59-26 involvement and regarding the impact and advisability of
38+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2347 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
39+705 ILCS 405/5-710 705 ILCS 405/5-750 705 ILCS 405/5-710 705 ILCS 405/5-750
40+705 ILCS 405/5-710
41+705 ILCS 405/5-750
42+Amends the Juvenile Court Act of 1987. 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, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice.
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45+A BILL FOR
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70-1 raising the minimum age of detention to 14, and develop a
71-2 process to assist in the implementation of the provisions
72-3 of this amendatory Act of the 103rd General Assembly; and
73-4 (6) Study the impact of, develop timelines, and
74-5 propose a funding structure to accommodate the expansion
75-6 of the jurisdiction of the Illinois Juvenile Court to
76-7 include youth age 17 under the jurisdiction of the
77-8 Juvenile Court Act of 1987. The Commission shall submit a
78-9 report by December 31, 2011 to the General Assembly with
79-10 recommendations on extending juvenile court jurisdiction
80-11 to youth age 17 charged with felony offenses.
81-12 (b) On the effective date of this amendatory Act of the
82-13 96th General Assembly, the Illinois Juvenile Jurisdiction Task
83-14 Force created by Public Act 95-1031 is abolished and its
84-15 duties are transferred to the Illinois Juvenile Justice
85-16 Commission as provided in paragraph (6) of subsection (a) of
86-17 this Section.
87-18 (Source: P.A. 96-1199, eff. 1-1-11.)
88-19 Section 10. The Juvenile Court Act of 1987 is amended by
89-20 changing Section 5-410 as follows:
90-21 (705 ILCS 405/5-410)
91-22 Sec. 5-410. Non-secure custody or detention.
92-23 (1) Placement of a minor away from his or her home must be
93-24 a last resort and the least restrictive alternative available.
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104-1 Any minor arrested or taken into custody pursuant to this Act
105-2 who requires care away from his or her home but who does not
106-3 require physical restriction shall be given temporary care in
107-4 a foster family home or other shelter facility designated by
108-5 the court.
109-6 (2)(a-1) (a) On or after July 1, 2024, any Any minor 12 10
110-7 years of age or older arrested pursuant to this Act where there
111-8 is probable cause to believe that the minor is a delinquent
112-9 minor and that (i) secure custody is a matter of immediate and
113-10 urgent necessity, in light of a serious threat to the physical
114-11 safety of a person or persons in the community or in order to
115-12 secure the presence of the minor at the next hearing, as
116-13 evidenced by a demonstrable record of willful failure to
117-14 appear at a scheduled court hearing within the past 12 months,
118-15 may be kept or detained in an authorized detention facility.
119-16 On or after July 1, 2025, with the exception of minors age 12
120-17 years or older and charged with first degree murder,
121-18 aggravated criminal sexual assault, aggravated battery in
122-19 which a firearm was used in the offense, or aggravated
123-20 vehicular hijacking, any minor 13 years of age or older
124-21 arrested pursuant to this Act where there is probable cause to
125-22 believe that the minor is a delinquent minor and that secure
126-23 custody is a matter of immediate and urgent necessity in light
127-24 of a serious threat to the physical safety of a person or
128-25 persons in the community, or to secure the presence of the
129-26 minor at the next hearing as evidenced by a demonstrable
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71+1 (iii) required to undergo a substance abuse
72+2 assessment conducted by a licensed provider and
73+3 participate in the indicated clinical level of care;
74+4 (iv) on and after January 1, 2015 (the effective
75+5 date of Public Act 98-803) and before January 1, 2017,
76+6 placed in the guardianship of the Department of
77+7 Children and Family Services, but only if the
78+8 delinquent minor is under 16 years of age or, pursuant
79+9 to Article II of this Act, a minor under the age of 18
80+10 for whom an independent basis of abuse, neglect, or
81+11 dependency exists. On and after January 1, 2017,
82+12 placed in the guardianship of the Department of
83+13 Children and Family Services, but only if the
84+14 delinquent minor is under 15 years of age or, pursuant
85+15 to Article II of this Act, a minor for whom an
86+16 independent basis of abuse, neglect, or dependency
87+17 exists. An independent basis exists when the
88+18 allegations or adjudication of abuse, neglect, or
89+19 dependency do not arise from the same facts, incident,
90+20 or circumstances which give rise to a charge or
91+21 adjudication of delinquency;
92+22 (v) placed in detention for a period not to exceed
93+23 30 days, either as the exclusive order of disposition
94+24 or, where appropriate, in conjunction with any other
95+25 order of disposition issued under this paragraph,
96+26 provided that any such detention shall be in a
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140-1 record of willful failure to appear at a scheduled court
141-2 hearing within the past 12 months may be kept or detained in an
142-3 authorized detention facility. for the protection of the minor
143-4 or of the person or property of another, (ii) the minor is
144-5 likely to flee the jurisdiction of the court, or (iii) the
145-6 minor was taken into custody under a warrant, may be kept or
146-7 detained in an authorized detention facility. A minor under 13
147-8 years of age shall not be admitted, kept, or detained in a
148-9 detention facility unless a local youth service provider,
149-10 including a provider through the Comprehensive Community Based
150-11 Youth Services network, has been contacted and has not been
151-12 able to accept the minor. No minor under 13 12 years of age
152-13 shall be detained in a county jail or a municipal lockup for
153-14 more than 6 hours.
154-15 (a-2) Probation and court services shall document and
155-16 share on a monthly basis with the Illinois Juvenile Justice
156-17 Commission each instance where alternatives to detention
157-18 failed or were lacking, including the basis for detention, the
158-19 providers who were contacted, and the reason alternatives were
159-20 rejected, lacking or denied.
160-21 (a-3) Instead of detention, minors under the age of 13 who
161-22 are in conflict with the law may be held accountable through a
162-23 petition under Article 3, Minors Requiring Authoritative
163-24 Intervention, or may be held accountable through a community
164-25 mediation program as set forth in Section 5-310.
165-26 (a-5) For a minor arrested or taken into custody for
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107+1 juvenile detention home and the minor so detained
108+2 shall be 10 years of age or older. However, the 30-day
109+3 limitation may be extended by further order of the
110+4 court for a minor under age 15 committed to the
111+5 Department of Children and Family Services if the
112+6 court finds that the minor is a danger to himself or
113+7 others. The minor shall be given credit on the
114+8 sentencing order of detention for time spent in
115+9 detention under Sections 5-501, 5-601, 5-710, or 5-720
116+10 of this Article as a result of the offense for which
117+11 the sentencing order was imposed. The court may grant
118+12 credit on a sentencing order of detention entered
119+13 under a violation of probation or violation of
120+14 conditional discharge under Section 5-720 of this
121+15 Article for time spent in detention before the filing
122+16 of the petition alleging the violation. A minor shall
123+17 not be deprived of credit for time spent in detention
124+18 before the filing of a violation of probation or
125+19 conditional discharge alleging the same or related act
126+20 or acts. The limitation that the minor shall only be
127+21 placed in a juvenile detention home does not apply as
128+22 follows:
129+23 Persons 18 years of age and older who have a
130+24 petition of delinquency filed against them may be
131+25 confined in an adult detention facility. In making a
132+26 determination whether to confine a person 18 years of
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176-1 vehicular hijacking or aggravated vehicular hijacking, a
177-2 previous finding of delinquency for vehicular hijacking or
178-3 aggravated vehicular hijacking shall be given greater weight
179-4 in determining whether secured custody of a minor is a matter
180-5 of immediate and urgent necessity for the protection of the
181-6 minor or of the person or property of another.
182-7 (b) The written authorization of the probation officer or
183-8 detention officer (or other public officer designated by the
184-9 court in a county having 3,000,000 or more inhabitants)
185-10 constitutes authority for the superintendent of any juvenile
186-11 detention home to detain and keep a minor for up to 40 hours,
187-12 excluding Saturdays, Sundays, and court-designated holidays.
188-13 These records shall be available to the same persons and
189-14 pursuant to the same conditions as are law enforcement records
190-15 as provided in Section 5-905.
191-16 (b-4) The consultation required by paragraph (b-5) shall
192-17 not be applicable if the probation officer or detention
193-18 officer (or other public officer designated by the court in a
194-19 county having 3,000,000 or more inhabitants) utilizes a
195-20 scorable detention screening instrument, which has been
196-21 developed with input by the State's Attorney, to determine
197-22 whether a minor should be detained, however, paragraph (b-5)
198-23 shall still be applicable where no such screening instrument
199-24 is used or where the probation officer, detention officer (or
200-25 other public officer designated by the court in a county
201-26 having 3,000,000 or more inhabitants) deviates from the
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143+1 age or older who has a petition of delinquency filed
144+2 against the person, these factors, among other
145+3 matters, shall be considered:
146+4 (A) the age of the person;
147+5 (B) any previous delinquent or criminal
148+6 history of the person;
149+7 (C) any previous abuse or neglect history of
150+8 the person;
151+9 (D) any mental health history of the person;
152+10 and
153+11 (E) any educational history of the person;
154+12 (vi) ordered partially or completely emancipated
155+13 in accordance with the provisions of the Emancipation
156+14 of Minors Act;
157+15 (vii) subject to having his or her driver's
158+16 license or driving privileges suspended for such time
159+17 as determined by the court but only until he or she
160+18 attains 18 years of age;
161+19 (viii) put on probation or conditional discharge
162+20 and placed in detention under Section 3-6039 of the
163+21 Counties Code for a period not to exceed the period of
164+22 incarceration permitted by law for adults found guilty
165+23 of the same offense or offenses for which the minor was
166+24 adjudicated delinquent, and in any event no longer
167+25 than upon attainment of age 21; this subdivision
168+26 (viii) notwithstanding any contrary provision of the
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212-1 screening instrument.
213-2 (b-5) Subject to the provisions of paragraph (b-4), if a
214-3 probation officer or detention officer (or other public
215-4 officer designated by the court in a county having 3,000,000
216-5 or more inhabitants) does not intend to detain a minor for an
217-6 offense which constitutes one of the following offenses he or
218-7 she shall consult with the State's Attorney's Office prior to
219-8 the release of the minor: first degree murder, second degree
220-9 murder, involuntary manslaughter, criminal sexual assault,
221-10 aggravated criminal sexual assault, aggravated battery with a
222-11 firearm as described in Section 12-4.2 or subdivision (e)(1),
223-12 (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
224-13 heinous battery involving permanent disability or
225-14 disfigurement or great bodily harm, robbery, aggravated
226-15 robbery, armed robbery, vehicular hijacking, aggravated
227-16 vehicular hijacking, vehicular invasion, arson, aggravated
228-17 arson, kidnapping, aggravated kidnapping, home invasion,
229-18 burglary, or residential burglary.
230-19 (c) Except as otherwise provided in paragraph (a), (d), or
231-20 (e), no minor shall be detained in a county jail or municipal
232-21 lockup for more than 12 hours, unless the offense is a crime of
233-22 violence in which case the minor may be detained up to 24
234-23 hours. For the purpose of this paragraph, "crime of violence"
235-24 has the meaning ascribed to it in Section 1-10 of the
236-25 Alcoholism and Other Drug Abuse and Dependency Act.
237-26 (i) The period of detention is deemed to have begun
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179+1 law;
180+2 (ix) ordered to undergo a medical or other
181+3 procedure to have a tattoo symbolizing allegiance to a
182+4 street gang removed from his or her body; or
183+5 (x) placed in electronic monitoring or home
184+6 detention under Part 7A of this Article.
185+7 (b) A minor found to be guilty may be committed to the
186+8 Department of Juvenile Justice under Section 5-750 if the
187+9 minor is at least 14 13 years and under 20 years of age,
188+10 provided that the commitment to the Department of Juvenile
189+11 Justice shall be made only if the minor was found guilty of
190+12 a felony offense or first degree murder. The court shall
191+13 include in the sentencing order any pre-custody credits
192+14 the minor is entitled to under Section 5-4.5-100 of the
193+15 Unified Code of Corrections. The time during which a minor
194+16 is in custody before being released upon the request of a
195+17 parent, guardian or legal custodian shall also be
196+18 considered as time spent in custody.
197+19 (c) When a minor is found to be guilty for an offense
198+20 which is a violation of the Illinois Controlled Substances
199+21 Act, the Cannabis Control Act, or the Methamphetamine
200+22 Control and Community Protection Act and made a ward of
201+23 the court, the court may enter a disposition order
202+24 requiring the minor to undergo assessment, counseling or
203+25 treatment in a substance use disorder treatment program
204+26 approved by the Department of Human Services.
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248-1 once the minor has been placed in a locked room or cell or
249-2 handcuffed to a stationary object in a building housing a
250-3 county jail or municipal lockup. Time spent transporting a
251-4 minor is not considered to be time in detention or secure
252-5 custody.
253-6 (ii) Any minor so confined shall be under periodic
254-7 supervision and shall not be permitted to come into or
255-8 remain in contact with adults in custody in the building.
256-9 (iii) Upon placement in secure custody in a jail or
257-10 lockup, the minor shall be informed of the purpose of the
258-11 detention, the time it is expected to last and the fact
259-12 that it cannot exceed the time specified under this Act.
260-13 (iv) A log shall be kept which shows the offense which
261-14 is the basis for the detention, the reasons and
262-15 circumstances for the decision to detain, and the length
263-16 of time the minor was in detention.
264-17 (v) Violation of the time limit on detention in a
265-18 county jail or municipal lockup shall not, in and of
266-19 itself, render inadmissible evidence obtained as a result
267-20 of the violation of this time limit. Minors under 18 years
268-21 of age shall be kept separate from confined adults and may
269-22 not at any time be kept in the same cell, room, or yard
270-23 with adults confined pursuant to criminal law. Persons 18
271-24 years of age and older who have a petition of delinquency
272-25 filed against them may be confined in an adult detention
273-26 facility. In making a determination whether to confine a
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215+1 (2) Any sentencing order other than commitment to the
216+2 Department of Juvenile Justice may provide for protective
217+3 supervision under Section 5-725 and may include an order of
218+4 protection under Section 5-730.
219+5 (3) Unless the sentencing order expressly so provides, it
220+6 does not operate to close proceedings on the pending petition,
221+7 but is subject to modification until final closing and
222+8 discharge of the proceedings under Section 5-750.
223+9 (4) In addition to any other sentence, the court may order
224+10 any minor found to be delinquent to make restitution, in
225+11 monetary or non-monetary form, under the terms and conditions
226+12 of Section 5-5-6 of the Unified Code of Corrections, except
227+13 that the "presentencing hearing" referred to in that Section
228+14 shall be the sentencing hearing for purposes of this Section.
229+15 The parent, guardian or legal custodian of the minor may be
230+16 ordered by the court to pay some or all of the restitution on
231+17 the minor's behalf, pursuant to the Parental Responsibility
232+18 Law. The State's Attorney is authorized to act on behalf of any
233+19 victim in seeking restitution in proceedings under this
234+20 Section, up to the maximum amount allowed in Section 5 of the
235+21 Parental Responsibility Law.
236+22 (5) Any sentencing order where the minor is committed or
237+23 placed in accordance with Section 5-740 shall provide for the
238+24 parents or guardian of the estate of the minor to pay to the
239+25 legal custodian or guardian of the person of the minor such
240+26 sums as are determined by the custodian or guardian of the
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284-1 person 18 years of age or older who has a petition of
285-2 delinquency filed against the person, these factors, among
286-3 other matters, shall be considered:
287-4 (A) the age of the person;
288-5 (B) any previous delinquent or criminal history of
289-6 the person;
290-7 (C) any previous abuse or neglect history of the
291-8 person; and
292-9 (D) any mental health or educational history of
293-10 the person, or both.
294-11 (d) (i) If a minor 12 years of age or older is confined in
295-12 a county jail in a county with a population below 3,000,000
296-13 inhabitants, then the minor's confinement shall be implemented
297-14 in such a manner that there will be no contact by sight, sound,
298-15 or otherwise between the minor and adult prisoners. Minors 12
299-16 years of age or older must be kept separate from confined
300-17 adults and may not at any time be kept in the same cell, room,
301-18 or yard with confined adults. This paragraph (d)(i) shall only
302-19 apply to confinement pending an adjudicatory hearing and shall
303-20 not exceed 40 hours, excluding Saturdays, Sundays, and
304-21 court-designated holidays. To accept or hold minors during
305-22 this time period, county jails shall comply with all
306-23 monitoring standards adopted by the Department of Corrections
307-24 and training standards approved by the Illinois Law
308-25 Enforcement Training Standards Board.
309-26 (ii) To accept or hold minors, 12 years of age or older,
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250+ HB2347 - 7 - LRB103 28294 RLC 54673 b
251+1 person of the minor as necessary for the minor's needs. The
252+2 payments may not exceed the maximum amounts provided for by
253+3 Section 9.1 of the Children and Family Services Act.
254+4 (6) Whenever the sentencing order requires the minor to
255+5 attend school or participate in a program of training, the
256+6 truant officer or designated school official shall regularly
257+7 report to the court if the minor is a chronic or habitual
258+8 truant under Section 26-2a of the School Code. Notwithstanding
259+9 any other provision of this Act, in instances in which
260+10 educational services are to be provided to a minor in a
261+11 residential facility where the minor has been placed by the
262+12 court, costs incurred in the provision of those educational
263+13 services must be allocated based on the requirements of the
264+14 School Code.
265+15 (7) In no event shall a guilty minor be committed to the
266+16 Department of Juvenile Justice for a period of time in excess
267+17 of that period for which an adult could be committed for the
268+18 same act. The court shall include in the sentencing order a
269+19 limitation on the period of confinement not to exceed the
270+20 maximum period of imprisonment the court could impose under
271+21 Chapter V of the Unified Code of Corrections.
272+22 (7.5) In no event shall a guilty minor be committed to the
273+23 Department of Juvenile Justice or placed in detention when the
274+24 act for which the minor was adjudicated delinquent would not
275+25 be illegal if committed by an adult.
276+26 (7.6) In no event shall a guilty minor be committed to the
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320-1 after the time period prescribed in paragraph (d)(i) of this
321-2 subsection (2) of this Section but not exceeding 7 days
322-3 including Saturdays, Sundays, and holidays pending an
323-4 adjudicatory hearing, county jails shall comply with all
324-5 temporary detention standards adopted by the Department of
325-6 Corrections and training standards approved by the Illinois
326-7 Law Enforcement Training Standards Board.
327-8 (iii) To accept or hold minors 12 years of age or older,
328-9 after the time period prescribed in paragraphs (d)(i) and
329-10 (d)(ii) of this subsection (2) of this Section, county jails
330-11 shall comply with all county juvenile detention standards
331-12 adopted by the Department of Juvenile Justice.
332-13 (e) When a minor who is at least 15 years of age is
333-14 prosecuted under the criminal laws of this State, the court
334-15 may enter an order directing that the juvenile be confined in
335-16 the county jail. However, any juvenile confined in the county
336-17 jail under this provision shall be separated from adults who
337-18 are confined in the county jail in such a manner that there
338-19 will be no contact by sight, sound or otherwise between the
339-20 juvenile and adult prisoners.
340-21 (f) For purposes of appearing in a physical lineup, the
341-22 minor may be taken to a county jail or municipal lockup under
342-23 the direct and constant supervision of a juvenile police
343-24 officer. During such time as is necessary to conduct a lineup,
344-25 and while supervised by a juvenile police officer, the sight
345-26 and sound separation provisions shall not apply.
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286+ HB2347 - 8 - LRB103 28294 RLC 54673 b
287+1 Department of Juvenile Justice for an offense which is a Class
288+2 4 felony under Section 19-4 (criminal trespass to a
289+3 residence), 21-1 (criminal damage to property), 21-1.01
290+4 (criminal damage to government supported property), 21-1.3
291+5 (criminal defacement of property), 26-1 (disorderly conduct),
292+6 or 31-4 (obstructing justice) of the Criminal Code of 2012.
293+7 (7.75) In no event shall a guilty minor be committed to the
294+8 Department of Juvenile Justice for an offense that is a Class 3
295+9 or Class 4 felony violation of the Illinois Controlled
296+10 Substances Act unless the commitment occurs upon a third or
297+11 subsequent judicial finding of a violation of probation for
298+12 substantial noncompliance with court-ordered treatment or
299+13 programming.
300+14 (8) A minor found to be guilty for reasons that include a
301+15 violation of Section 21-1.3 of the Criminal Code of 1961 or the
302+16 Criminal Code of 2012 shall be ordered to perform community
303+17 service for not less than 30 and not more than 120 hours, if
304+18 community service is available in the jurisdiction. The
305+19 community service shall include, but need not be limited to,
306+20 the cleanup and repair of the damage that was caused by the
307+21 violation or similar damage to property located in the
308+22 municipality or county in which the violation occurred. The
309+23 order may be in addition to any other order authorized by this
310+24 Section.
311+25 (8.5) A minor found to be guilty for reasons that include a
312+26 violation of Section 3.02 or Section 3.03 of the Humane Care
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356-1 (g) For purposes of processing a minor, the minor may be
357-2 taken to a county jail or municipal lockup under the direct and
358-3 constant supervision of a law enforcement officer or
359-4 correctional officer. During such time as is necessary to
360-5 process the minor, and while supervised by a law enforcement
361-6 officer or correctional officer, the sight and sound
362-7 separation provisions shall not apply.
363-8 (3) If the probation officer or State's Attorney (or such
364-9 other public officer designated by the court in a county
365-10 having 3,000,000 or more inhabitants) determines that the
366-11 minor may be a delinquent minor as described in subsection (3)
367-12 of Section 5-105, and should be retained in custody but does
368-13 not require physical restriction, the minor may be placed in
369-14 non-secure custody for up to 40 hours pending a detention
370-15 hearing.
371-16 (4) Any minor taken into temporary custody, not requiring
372-17 secure detention, may, however, be detained in the home of his
373-18 or her parent or guardian subject to such conditions as the
374-19 court may impose.
375-20 (5) The changes made to this Section by Public Act 98-61
376-21 apply to a minor who has been arrested or taken into custody on
377-22 or after January 1, 2014 (the effective date of Public Act
378-23 98-61).
379-24 (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
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323+1 for Animals Act or paragraph (d) of subsection (1) of Section
324+2 21-1 of the Criminal Code of 1961 or paragraph (4) of
325+3 subsection (a) of Section 21-1 of the Criminal Code of 2012
326+4 shall be ordered to undergo medical or psychiatric treatment
327+5 rendered by a psychiatrist or psychological treatment rendered
328+6 by a clinical psychologist. The order may be in addition to any
329+7 other order authorized by this Section.
330+8 (9) In addition to any other sentencing order, the court
331+9 shall order any minor found to be guilty for an act which would
332+10 constitute, predatory criminal sexual assault of a child,
333+11 aggravated criminal sexual assault, criminal sexual assault,
334+12 aggravated criminal sexual abuse, or criminal sexual abuse if
335+13 committed by an adult to undergo medical testing to determine
336+14 whether the defendant has any sexually transmissible disease
337+15 including a test for infection with human immunodeficiency
338+16 virus (HIV) or any other identified causative agency of
339+17 acquired immunodeficiency syndrome (AIDS). Any medical test
340+18 shall be performed only by appropriately licensed medical
341+19 practitioners and may include an analysis of any bodily fluids
342+20 as well as an examination of the minor's person. Except as
343+21 otherwise provided by law, the results of the test shall be
344+22 kept strictly confidential by all medical personnel involved
345+23 in the testing and must be personally delivered in a sealed
346+24 envelope to the judge of the court in which the sentencing
347+25 order was entered for the judge's inspection in camera. Acting
348+26 in accordance with the best interests of the victim and the
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359+1 public, the judge shall have the discretion to determine to
360+2 whom the results of the testing may be revealed. The court
361+3 shall notify the minor of the results of the test for infection
362+4 with the human immunodeficiency virus (HIV). The court shall
363+5 also notify the victim if requested by the victim, and if the
364+6 victim is under the age of 15 and if requested by the victim's
365+7 parents or legal guardian, the court shall notify the victim's
366+8 parents or the legal guardian, of the results of the test for
367+9 infection with the human immunodeficiency virus (HIV). The
368+10 court shall provide information on the availability of HIV
369+11 testing and counseling at the Department of Public Health
370+12 facilities to all parties to whom the results of the testing
371+13 are revealed. The court shall order that the cost of any test
372+14 shall be paid by the county and may be taxed as costs against
373+15 the minor.
374+16 (10) When a court finds a minor to be guilty the court
375+17 shall, before entering a sentencing order under this Section,
376+18 make a finding whether the offense committed either: (a) was
377+19 related to or in furtherance of the criminal activities of an
378+20 organized gang or was motivated by the minor's membership in
379+21 or allegiance to an organized gang, or (b) involved a
380+22 violation of subsection (a) of Section 12-7.1 of the Criminal
381+23 Code of 1961 or the Criminal Code of 2012, a violation of any
382+24 Section of Article 24 of the Criminal Code of 1961 or the
383+25 Criminal Code of 2012, or a violation of any statute that
384+26 involved the wrongful use of a firearm. If the court
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395+1 determines the question in the affirmative, and the court does
396+2 not commit the minor to the Department of Juvenile Justice,
397+3 the court shall order the minor to perform community service
398+4 for not less than 30 hours nor more than 120 hours, provided
399+5 that community service is available in the jurisdiction and is
400+6 funded and approved by the county board of the county where the
401+7 offense was committed. The community service shall include,
402+8 but need not be limited to, the cleanup and repair of any
403+9 damage caused by a violation of Section 21-1.3 of the Criminal
404+10 Code of 1961 or the Criminal Code of 2012 and similar damage to
405+11 property located in the municipality or county in which the
406+12 violation occurred. When possible and reasonable, the
407+13 community service shall be performed in the minor's
408+14 neighborhood. This order shall be in addition to any other
409+15 order authorized by this Section except for an order to place
410+16 the minor in the custody of the Department of Juvenile
411+17 Justice. For the purposes of this Section, "organized gang"
412+18 has the meaning ascribed to it in Section 10 of the Illinois
413+19 Streetgang Terrorism Omnibus Prevention Act.
414+20 (11) If the court determines that the offense was
415+21 committed in furtherance of the criminal activities of an
416+22 organized gang, as provided in subsection (10), and that the
417+23 offense involved the operation or use of a motor vehicle or the
418+24 use of a driver's license or permit, the court shall notify the
419+25 Secretary of State of that determination and of the period for
420+26 which the minor shall be denied driving privileges. If, at the
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431+1 time of the determination, the minor does not hold a driver's
432+2 license or permit, the court shall provide that the minor
433+3 shall not be issued a driver's license or permit until his or
434+4 her 18th birthday. If the minor holds a driver's license or
435+5 permit at the time of the determination, the court shall
436+6 provide that the minor's driver's license or permit shall be
437+7 revoked until his or her 21st birthday, or until a later date
438+8 or occurrence determined by the court. If the minor holds a
439+9 driver's license at the time of the determination, the court
440+10 may direct the Secretary of State to issue the minor a judicial
441+11 driving permit, also known as a JDP. The JDP shall be subject
442+12 to the same terms as a JDP issued under Section 6-206.1 of the
443+13 Illinois Vehicle Code, except that the court may direct that
444+14 the JDP be effective immediately.
445+15 (12) (Blank).
446+16 (Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
447+17 101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
448+18 (705 ILCS 405/5-750)
449+19 Sec. 5-750. Commitment to the Department of Juvenile
450+20 Justice.
451+21 (1) Except as provided in subsection (2) of this Section,
452+22 when any delinquent has been adjudged a ward of the court under
453+23 this Act, the court may commit him or her to the Department of
454+24 Juvenile Justice, if it finds that (a) his or her parents,
455+25 guardian or legal custodian are unfit or are unable, for some
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466+1 reason other than financial circumstances alone, to care for,
467+2 protect, train or discipline the minor, or are unwilling to do
468+3 so, and the best interests of the minor and the public will not
469+4 be served by placement under Section 5-740, or it is necessary
470+5 to ensure the protection of the public from the consequences
471+6 of criminal activity of the delinquent; and (b) commitment to
472+7 the Department of Juvenile Justice is the least restrictive
473+8 alternative based on evidence that efforts were made to locate
474+9 less restrictive alternatives to secure confinement and the
475+10 reasons why efforts were unsuccessful in locating a less
476+11 restrictive alternative to secure confinement. Before the
477+12 court commits a minor to the Department of Juvenile Justice,
478+13 it shall make a finding that secure confinement is necessary,
479+14 following a review of the following individualized factors:
480+15 (A) Age of the minor.
481+16 (B) Criminal background of the minor.
482+17 (C) Review of results of any assessments of the minor,
483+18 including child centered assessments such as the CANS.
484+19 (D) Educational background of the minor, indicating
485+20 whether the minor has ever been assessed for a learning
486+21 disability, and if so what services were provided as well
487+22 as any disciplinary incidents at school.
488+23 (E) Physical, mental and emotional health of the
489+24 minor, indicating whether the minor has ever been
490+25 diagnosed with a health issue and if so what services were
491+26 provided and whether the minor was compliant with
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502+1 services.
503+2 (F) Community based services that have been provided
504+3 to the minor, and whether the minor was compliant with the
505+4 services, and the reason the services were unsuccessful.
506+5 (G) Services within the Department of Juvenile Justice
507+6 that will meet the individualized needs of the minor.
508+7 (1.5) Before the court commits a minor to the Department
509+8 of Juvenile Justice, the court must find reasonable efforts
510+9 have been made to prevent or eliminate the need for the minor
511+10 to be removed from the home, or reasonable efforts cannot, at
512+11 this time, for good cause, prevent or eliminate the need for
513+12 removal, and removal from home is in the best interests of the
514+13 minor, the minor's family, and the public.
515+14 (2) When a minor of the age of at least 14 13 years is
516+15 adjudged delinquent for the offense of first degree murder,
517+16 the court shall declare the minor a ward of the court and order
518+17 the minor committed to the Department of Juvenile Justice
519+18 until the minor's 21st birthday, without the possibility of
520+19 aftercare release, furlough, or non-emergency authorized
521+20 absence for a period of 5 years from the date the minor was
522+21 committed to the Department of Juvenile Justice, except that
523+22 the time that a minor spent in custody for the instant offense
524+23 before being committed to the Department of Juvenile Justice
525+24 shall be considered as time credited towards that 5 year
526+25 period. Upon release from a Department facility, a minor
527+26 adjudged delinquent for first degree murder shall be placed on
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538+1 aftercare release until the age of 21, unless sooner
539+2 discharged from aftercare release or custodianship is
540+3 otherwise terminated in accordance with this Act or as
541+4 otherwise provided for by law. Nothing in this subsection (2)
542+5 shall preclude the State's Attorney from seeking to prosecute
543+6 a minor as an adult as an alternative to proceeding under this
544+7 Act.
545+8 (3) Except as provided in subsection (2), the commitment
546+9 of a delinquent to the Department of Juvenile Justice shall be
547+10 for an indeterminate term which shall automatically terminate
548+11 upon the delinquent attaining the age of 21 years or upon
549+12 completion of that period for which an adult could be
550+13 committed for the same act, whichever occurs sooner, unless
551+14 the delinquent is sooner discharged from aftercare release or
552+15 custodianship is otherwise terminated in accordance with this
553+16 Act or as otherwise provided for by law.
554+17 (3.5) Every delinquent minor committed to the Department
555+18 of Juvenile Justice under this Act shall be eligible for
556+19 aftercare release without regard to the length of time the
557+20 minor has been confined or whether the minor has served any
558+21 minimum term imposed. Aftercare release shall be administered
559+22 by the Department of Juvenile Justice, under the direction of
560+23 the Director. Unless sooner discharged, the Department of
561+24 Juvenile Justice shall discharge a minor from aftercare
562+25 release upon completion of the following aftercare release
563+26 terms:
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574+1 (a) One and a half years from the date a minor is
575+2 released from a Department facility, if the minor was
576+3 committed for a Class X felony;
577+4 (b) One year from the date a minor is released from a
578+5 Department facility, if the minor was committed for a
579+6 Class 1 or 2 felony; and
580+7 (c) Six months from the date a minor is released from a
581+8 Department facility, if the minor was committed for a
582+9 Class 3 felony or lesser offense.
583+10 (4) When the court commits a minor to the Department of
584+11 Juvenile Justice, it shall order him or her conveyed forthwith
585+12 to the appropriate reception station or other place designated
586+13 by the Department of Juvenile Justice, and shall appoint the
587+14 Director of Juvenile Justice legal custodian of the minor. The
588+15 clerk of the court shall issue to the Director of Juvenile
589+16 Justice a certified copy of the order, which constitutes proof
590+17 of the Director's authority. No other process need issue to
591+18 warrant the keeping of the minor.
592+19 (5) If a minor is committed to the Department of Juvenile
593+20 Justice, the clerk of the court shall forward to the
594+21 Department:
595+22 (a) the sentencing order and copies of committing
596+23 petition;
597+24 (b) all reports;
598+25 (c) the court's statement of the basis for ordering
599+26 the disposition;
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610+1 (d) any sex offender evaluations;
611+2 (e) any risk assessment or substance abuse treatment
612+3 eligibility screening and assessment of the minor by an
613+4 agent designated by the State to provide assessment
614+5 services for the courts;
615+6 (f) the number of days, if any, which the minor has
616+7 been in custody and for which he or she is entitled to
617+8 credit against the sentence, which information shall be
618+9 provided to the clerk by the sheriff;
619+10 (g) any medical or mental health records or summaries
620+11 of the minor;
621+12 (h) the municipality where the arrest of the minor
622+13 occurred, the commission of the offense occurred, and the
623+14 minor resided at the time of commission;
624+15 (h-5) a report detailing the minor's criminal history
625+16 in a manner and form prescribed by the Department of
626+17 Juvenile Justice;
627+18 (i) all additional matters which the court directs the
628+19 clerk to transmit; and
629+20 (j) all police reports for sex offenses as defined by
630+21 the Sex Offender Management Board Act.
631+22 (6) Whenever the Department of Juvenile Justice lawfully
632+23 discharges from its custody and control a minor committed to
633+24 it, the Director of Juvenile Justice shall petition the court
634+25 for an order terminating his or her custodianship. The
635+26 custodianship shall terminate automatically 30 days after
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646+1 receipt of the petition unless the court orders otherwise.
647+2 (7) If, while on aftercare release, a minor committed to
648+3 the Department of Juvenile Justice who resides in this State
649+4 is charged under the criminal laws of this State, the criminal
650+5 laws of any other state, or federal law with an offense that
651+6 could result in a sentence of imprisonment within the
652+7 Department of Corrections, the penal system of any state, or
653+8 the federal Bureau of Prisons, the commitment to the
654+9 Department of Juvenile Justice and all rights and duties
655+10 created by that commitment are automatically suspended pending
656+11 final disposition of the criminal charge. If the minor is
657+12 found guilty of the criminal charge and sentenced to a term of
658+13 imprisonment in the penitentiary system of the Department of
659+14 Corrections, the penal system of any state, or the federal
660+15 Bureau of Prisons, the commitment to the Department of
661+16 Juvenile Justice shall be automatically terminated. If the
662+17 criminal charge is dismissed, the minor is found not guilty,
663+18 or the minor completes a criminal sentence other than
664+19 imprisonment within the Department of Corrections, the penal
665+20 system of any state, or the federal Bureau of Prisons, the
666+21 previously imposed commitment to the Department of Juvenile
667+22 Justice and the full aftercare release term shall be
668+23 automatically reinstated unless custodianship is sooner
669+24 terminated. Nothing in this subsection (7) shall preclude the
670+25 court from ordering another sentence under Section 5-710 of
671+26 this Act or from terminating the Department's custodianship
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682+1 while the commitment to the Department is suspended.
683+2 (Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
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