102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2929

 

Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-750

    Amends the Juvenile Court Act of 1987. Provides that when a minor of the age of at least 13 years is adjudged delinquent for: (1) attempted first degree murder or (2) any offense involving the use or discharge of a firearm upon school grounds or any part of a building or grounds used for school purposes, including any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity that results in bodily injury or death to any person (in addition to 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 non-emergency authorized absence for a period of 5 years from the date the minor was committed to the Department, except that the time that a minor spent in custody for the instant offense before being committed to the Department shall be considered as time credited towards that 5-year period.


LRB102 20126 RLC 28978 b

 

 

A BILL FOR

 

SB2929LRB102 20126 RLC 28978 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-750 as follows:
 
6    (705 ILCS 405/5-750)
7    Sec. 5-750. Commitment to the Department of Juvenile
8Justice.
9    (1) Except as provided in subsection (2) of this Section,
10when any delinquent has been adjudged a ward of the court under
11this Act, the court may commit him or her to the Department of
12Juvenile Justice, if it finds that (a) his or her parents,
13guardian or legal custodian are unfit or are unable, for some
14reason other than financial circumstances alone, to care for,
15protect, train or discipline the minor, or are unwilling to do
16so, and the best interests of the minor and the public will not
17be served by placement under Section 5-740, or it is necessary
18to ensure the protection of the public from the consequences
19of criminal activity of the delinquent; and (b) commitment to
20the Department of Juvenile Justice is the least restrictive
21alternative based on evidence that efforts were made to locate
22less restrictive alternatives to secure confinement and the
23reasons why efforts were unsuccessful in locating a less

 

 

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1restrictive alternative to secure confinement. Before the
2court commits a minor to the Department of Juvenile Justice,
3it shall make a finding that secure confinement is necessary,
4following a review of the following individualized factors:
5        (A) Age of the minor.
6        (B) Criminal background of the minor.
7        (C) Review of results of any assessments of the minor,
8    including child centered assessments such as the CANS.
9        (D) Educational background of the minor, indicating
10    whether the minor has ever been assessed for a learning
11    disability, and if so what services were provided as well
12    as any disciplinary incidents at school.
13        (E) Physical, mental and emotional health of the
14    minor, indicating whether the minor has ever been
15    diagnosed with a health issue and if so what services were
16    provided and whether the minor was compliant with
17    services.
18        (F) Community based services that have been provided
19    to the minor, and whether the minor was compliant with the
20    services, and the reason the services were unsuccessful.
21        (G) Services within the Department of Juvenile Justice
22    that will meet the individualized needs of the minor.
23    (1.5) Before the court commits a minor to the Department
24of Juvenile Justice, the court must find reasonable efforts
25have been made to prevent or eliminate the need for the minor
26to be removed from the home, or reasonable efforts cannot, at

 

 

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1this time, for good cause, prevent or eliminate the need for
2removal, and removal from home is in the best interests of the
3minor, the minor's family, and the public.
4    (2) When a minor of the age of at least 13 years is
5adjudged delinquent for the offense of: (i) first degree
6murder; (ii) attempted first degree murder; or (iii) any
7offense involving the use or discharge of a firearm upon
8school grounds or any part of a building or grounds used for
9school purposes, including any conveyance owned, leased, or
10contracted by a school to transport students to or from school
11or a school related activity that results in bodily injury or
12death to any person, the court shall declare the minor a ward
13of the court and order the minor committed to the Department of
14Juvenile Justice until the minor's 21st birthday, without the
15possibility of aftercare release, furlough, or non-emergency
16authorized absence for a period of 5 years from the date the
17minor was committed to the Department of Juvenile Justice,
18except that the time that a minor spent in custody for the
19instant offense before being committed to the Department of
20Juvenile Justice shall be considered as time credited towards
21that 5 year period. Upon release from a Department facility, a
22minor adjudged delinquent for first degree murder shall be
23placed on aftercare release until the age of 21, unless sooner
24discharged from aftercare release or custodianship is
25otherwise terminated in accordance with this Act or as
26otherwise provided for by law. Nothing in this subsection (2)

 

 

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1shall preclude the State's Attorney from seeking to prosecute
2a minor as an adult as an alternative to proceeding under this
3Act.
4    (3) Except as provided in subsection (2), the commitment
5of a delinquent to the Department of Juvenile Justice shall be
6for an indeterminate term which shall automatically terminate
7upon the delinquent attaining the age of 21 years or upon
8completion of that period for which an adult could be
9committed for the same act, whichever occurs sooner, unless
10the delinquent is sooner discharged from aftercare release or
11custodianship is otherwise terminated in accordance with this
12Act or as otherwise provided for by law.
13    (3.5) Every delinquent minor committed to the Department
14of Juvenile Justice under this Act shall be eligible for
15aftercare release without regard to the length of time the
16minor has been confined or whether the minor has served any
17minimum term imposed. Aftercare release shall be administered
18by the Department of Juvenile Justice, under the direction of
19the Director. Unless sooner discharged, the Department of
20Juvenile Justice shall discharge a minor from aftercare
21release upon completion of the following aftercare release
22terms:
23        (a) One and a half years from the date a minor is
24    released from a Department facility, if the minor was
25    committed for a Class X felony;
26        (b) One year from the date a minor is released from a

 

 

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1    Department facility, if the minor was committed for a
2    Class 1 or 2 felony; and
3        (c) Six months from the date a minor is released from a
4    Department facility, if the minor was committed for a
5    Class 3 felony or lesser offense.
6    (4) When the court commits a minor to the Department of
7Juvenile Justice, it shall order him or her conveyed forthwith
8to the appropriate reception station or other place designated
9by the Department of Juvenile Justice, and shall appoint the
10Director of Juvenile Justice legal custodian of the minor. The
11clerk of the court shall issue to the Director of Juvenile
12Justice a certified copy of the order, which constitutes proof
13of the Director's authority. No other process need issue to
14warrant the keeping of the minor.
15    (5) If a minor is committed to the Department of Juvenile
16Justice, the clerk of the court shall forward to the
17Department:
18        (a) the sentencing order and copies of committing
19    petition;
20        (b) all reports;
21        (c) the court's statement of the basis for ordering
22    the disposition;
23        (d) any sex offender evaluations;
24        (e) any risk assessment or substance abuse treatment
25    eligibility screening and assessment of the minor by an
26    agent designated by the State to provide assessment

 

 

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1    services for the courts;
2        (f) the number of days, if any, which the minor has
3    been in custody and for which he or she is entitled to
4    credit against the sentence, which information shall be
5    provided to the clerk by the sheriff;
6        (g) any medical or mental health records or summaries
7    of the minor;
8        (h) the municipality where the arrest of the minor
9    occurred, the commission of the offense occurred, and the
10    minor resided at the time of commission;
11        (h-5) a report detailing the minor's criminal history
12    in a manner and form prescribed by the Department of
13    Juvenile Justice; and
14        (i) all additional matters which the court directs the
15    clerk to transmit.
16    (6) Whenever the Department of Juvenile Justice lawfully
17discharges from its custody and control a minor committed to
18it, the Director of Juvenile Justice shall petition the court
19for an order terminating his or her custodianship. The
20custodianship shall terminate automatically 30 days after
21receipt of the petition unless the court orders otherwise.
22    (7) If, while on aftercare release, a minor committed to
23the Department of Juvenile Justice who resides in this State
24is charged under the criminal laws of this State, the criminal
25laws of any other state, or federal law with an offense that
26could result in a sentence of imprisonment within the

 

 

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1Department of Corrections, the penal system of any state, or
2the federal Bureau of Prisons, the commitment to the
3Department of Juvenile Justice and all rights and duties
4created by that commitment are automatically suspended pending
5final disposition of the criminal charge. If the minor is
6found guilty of the criminal charge and sentenced to a term of
7imprisonment in the penitentiary system of the Department of
8Corrections, the penal system of any state, or the federal
9Bureau of Prisons, the commitment to the Department of
10Juvenile Justice shall be automatically terminated. If the
11criminal charge is dismissed, the minor is found not guilty,
12or the minor completes a criminal sentence other than
13imprisonment within the Department of Corrections, the penal
14system of any state, or the federal Bureau of Prisons, the
15previously imposed commitment to the Department of Juvenile
16Justice and the full aftercare release term shall be
17automatically reinstated unless custodianship is sooner
18terminated. Nothing in this subsection (7) shall preclude the
19court from ordering another sentence under Section 5-710 of
20this Act or from terminating the Department's custodianship
21while the commitment to the Department is suspended.
22(Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20.)