101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4610

 

Introduced 2/5/2020, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-710
705 ILCS 405/5-750

    Amends the Juvenile Court Act of 1987. Provides that an adjudged delinquent for the offense of first degree murder may be committed to the Department of Juvenile Justice when he or she is 14 years old (rather than 13 years old).


LRB101 15588 RLC 64934 b

 

 

A BILL FOR

 

HB4610LRB101 15588 RLC 64934 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 Sections 5-710 and 5-750 as follows:
 
6    (705 ILCS 405/5-710)
7    Sec. 5-710. Kinds of sentencing orders.
8    (1) The following kinds of sentencing orders may be made in
9respect of wards of the court:
10        (a) Except as provided in Sections 5-805, 5-810, and
11    5-815, a minor who is found guilty under Section 5-620 may
12    be:
13            (i) put on probation or conditional discharge and
14        released to his or her parents, guardian or legal
15        custodian, provided, however, that any such minor who
16        is not committed to the Department of Juvenile Justice
17        under this subsection and who is found to be a
18        delinquent for an offense which is first degree murder,
19        a Class X felony, or a forcible felony shall be placed
20        on probation;
21            (ii) placed in accordance with Section 5-740, with
22        or without also being put on probation or conditional
23        discharge;

 

 

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1            (iii) required to undergo a substance abuse
2        assessment conducted by a licensed provider and
3        participate in the indicated clinical level of care;
4            (iv) on and after January 1, 2015 (the effective
5        date of Public Act 98-803) this amendatory Act of the
6        98th General Assembly and before January 1, 2017,
7        placed in the guardianship of the Department of
8        Children and Family Services, but only if the
9        delinquent minor is under 16 years of age or, pursuant
10        to Article II of this Act, a minor under the age of 18
11        for whom an independent basis of abuse, neglect, or
12        dependency exists. On and after January 1, 2017, placed
13        in the guardianship of the Department of Children and
14        Family Services, but only if the delinquent minor is
15        under 15 years of age or, pursuant to Article II of
16        this Act, a minor for whom an independent basis of
17        abuse, neglect, or dependency exists. An independent
18        basis exists when the allegations or adjudication of
19        abuse, neglect, or dependency do not arise from the
20        same facts, incident, or circumstances which give rise
21        to a charge or adjudication of delinquency;
22            (v) placed in detention for a period not to exceed
23        30 days, either as the exclusive order of disposition
24        or, where appropriate, in conjunction with any other
25        order of disposition issued under this paragraph,
26        provided that any such detention shall be in a juvenile

 

 

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1        detention home and the minor so detained shall be 10
2        years of age or older. However, the 30-day limitation
3        may be extended by further order of the court for a
4        minor under age 15 committed to the Department of
5        Children and Family Services if the court finds that
6        the minor is a danger to himself or others. The minor
7        shall be given credit on the sentencing order of
8        detention for time spent in detention under Sections
9        5-501, 5-601, 5-710, or 5-720 of this Article as a
10        result of the offense for which the sentencing order
11        was imposed. The court may grant credit on a sentencing
12        order of detention entered under a violation of
13        probation or violation of conditional discharge under
14        Section 5-720 of this Article for time spent in
15        detention before the filing of the petition alleging
16        the violation. A minor shall not be deprived of credit
17        for time spent in detention before the filing of a
18        violation of probation or conditional discharge
19        alleging the same or related act or acts. The
20        limitation that the minor shall only be placed in a
21        juvenile detention home does not apply as follows:
22            Persons 18 years of age and older who have a
23        petition of delinquency filed against them may be
24        confined in an adult detention facility. In making a
25        determination whether to confine a person 18 years of
26        age or older who has a petition of delinquency filed

 

 

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1        against the person, these factors, among other
2        matters, shall be considered:
3                (A) the age of the person;
4                (B) any previous delinquent or criminal
5            history of the person;
6                (C) any previous abuse or neglect history of
7            the person;
8                (D) any mental health history of the person;
9            and
10                (E) any educational history of the person;
11            (vi) ordered partially or completely emancipated
12        in accordance with the provisions of the Emancipation
13        of Minors Act;
14            (vii) subject to having his or her driver's license
15        or driving privileges suspended for such time as
16        determined by the court but only until he or she
17        attains 18 years of age;
18            (viii) put on probation or conditional discharge
19        and placed in detention under Section 3-6039 of the
20        Counties Code for a period not to exceed the period of
21        incarceration permitted by law for adults found guilty
22        of the same offense or offenses for which the minor was
23        adjudicated delinquent, and in any event no longer than
24        upon attainment of age 21; this subdivision (viii)
25        notwithstanding any contrary provision of the law;
26            (ix) ordered to undergo a medical or other

 

 

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1        procedure to have a tattoo symbolizing allegiance to a
2        street gang removed from his or her body; or
3            (x) placed in electronic monitoring or home
4        detention under Part 7A of this Article.
5        (b) A minor found to be guilty may be committed to the
6    Department of Juvenile Justice under Section 5-750 if the
7    minor is at least 14 13 years and under 20 years of age,
8    provided that the commitment to the Department of Juvenile
9    Justice shall be made only if the minor was found guilty of
10    a felony offense or first degree murder. The court shall
11    include in the sentencing order any pre-custody credits the
12    minor is entitled to under Section 5-4.5-100 of the Unified
13    Code of Corrections. The time during which a minor is in
14    custody before being released upon the request of a parent,
15    guardian or legal custodian shall also be considered as
16    time spent in custody.
17        (c) When a minor is found to be guilty for an offense
18    which is a violation of the Illinois Controlled Substances
19    Act, the Cannabis Control Act, or the Methamphetamine
20    Control and Community Protection Act and made a ward of the
21    court, the court may enter a disposition order requiring
22    the minor to undergo assessment, counseling or treatment in
23    a substance use disorder treatment program approved by the
24    Department of Human Services.
25    (2) Any sentencing order other than commitment to the
26Department of Juvenile Justice may provide for protective

 

 

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1supervision under Section 5-725 and may include an order of
2protection under Section 5-730.
3    (3) Unless the sentencing order expressly so provides, it
4does not operate to close proceedings on the pending petition,
5but is subject to modification until final closing and
6discharge of the proceedings under Section 5-750.
7    (4) In addition to any other sentence, the court may order
8any minor found to be delinquent to make restitution, in
9monetary or non-monetary form, under the terms and conditions
10of Section 5-5-6 of the Unified Code of Corrections, except
11that the "presentencing hearing" referred to in that Section
12shall be the sentencing hearing for purposes of this Section.
13The parent, guardian or legal custodian of the minor may be
14ordered by the court to pay some or all of the restitution on
15the minor's behalf, pursuant to the Parental Responsibility
16Law. The State's Attorney is authorized to act on behalf of any
17victim in seeking restitution in proceedings under this
18Section, up to the maximum amount allowed in Section 5 of the
19Parental Responsibility Law.
20    (5) Any sentencing order where the minor is committed or
21placed in accordance with Section 5-740 shall provide for the
22parents or guardian of the estate of the minor to pay to the
23legal custodian or guardian of the person of the minor such
24sums as are determined by the custodian or guardian of the
25person of the minor as necessary for the minor's needs. The
26payments may not exceed the maximum amounts provided for by

 

 

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1Section 9.1 of the Children and Family Services Act.
2    (6) Whenever the sentencing order requires the minor to
3attend school or participate in a program of training, the
4truant officer or designated school official shall regularly
5report to the court if the minor is a chronic or habitual
6truant under Section 26-2a of the School Code. Notwithstanding
7any other provision of this Act, in instances in which
8educational services are to be provided to a minor in a
9residential facility where the minor has been placed by the
10court, costs incurred in the provision of those educational
11services must be allocated based on the requirements of the
12School Code.
13    (7) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice for a period of time in excess
15of that period for which an adult could be committed for the
16same act. The court shall include in the sentencing order a
17limitation on the period of confinement not to exceed the
18maximum period of imprisonment the court could impose under
19Chapter V 5 of the Unified Code of Corrections.
20    (7.5) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice or placed in detention when the
22act for which the minor was adjudicated delinquent would not be
23illegal if committed by an adult.
24    (7.6) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for an offense which is a Class
264 felony under Section 19-4 (criminal trespass to a residence),

 

 

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121-1 (criminal damage to property), 21-1.01 (criminal damage to
2government supported property), 21-1.3 (criminal defacement of
3property), 26-1 (disorderly conduct), or 31-4 (obstructing
4justice) of the Criminal Code of 2012.
5    (7.75) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice for an offense that is a Class 3
7or Class 4 felony violation of the Illinois Controlled
8Substances Act unless the commitment occurs upon a third or
9subsequent judicial finding of a violation of probation for
10substantial noncompliance with court-ordered treatment or
11programming.
12    (8) A minor found to be guilty for reasons that include a
13violation of Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012 shall be ordered to perform community
15service for not less than 30 and not more than 120 hours, if
16community service is available in the jurisdiction. The
17community service shall include, but need not be limited to,
18the cleanup and repair of the damage that was caused by the
19violation or similar damage to property located in the
20municipality or county in which the violation occurred. The
21order may be in addition to any other order authorized by this
22Section.
23    (8.5) A minor found to be guilty for reasons that include a
24violation of Section 3.02 or Section 3.03 of the Humane Care
25for Animals Act or paragraph (d) of subsection (1) of Section
2621-1 of the Criminal Code of 1961 or paragraph (4) of

 

 

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1subsection (a) of Section 21-1 of the Criminal Code of 2012
2shall be ordered to undergo medical or psychiatric treatment
3rendered by a psychiatrist or psychological treatment rendered
4by a clinical psychologist. The order may be in addition to any
5other order authorized by this Section.
6    (9) In addition to any other sentencing order, the court
7shall order any minor found to be guilty for an act which would
8constitute, predatory criminal sexual assault of a child,
9aggravated criminal sexual assault, criminal sexual assault,
10aggravated criminal sexual abuse, or criminal sexual abuse if
11committed by an adult to undergo medical testing to determine
12whether the defendant has any sexually transmissible disease
13including a test for infection with human immunodeficiency
14virus (HIV) or any other identified causative agency of
15acquired immunodeficiency syndrome (AIDS). Any medical test
16shall be performed only by appropriately licensed medical
17practitioners and may include an analysis of any bodily fluids
18as well as an examination of the minor's person. Except as
19otherwise provided by law, the results of the test shall be
20kept strictly confidential by all medical personnel involved in
21the testing and must be personally delivered in a sealed
22envelope to the judge of the court in which the sentencing
23order was entered for the judge's inspection in camera. Acting
24in accordance with the best interests of the victim and the
25public, the judge shall have the discretion to determine to
26whom the results of the testing may be revealed. The court

 

 

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1shall notify the minor of the results of the test for infection
2with the human immunodeficiency virus (HIV). The court shall
3also notify the victim if requested by the victim, and if the
4victim is under the age of 15 and if requested by the victim's
5parents or legal guardian, the court shall notify the victim's
6parents or the legal guardian, of the results of the test for
7infection with the human immunodeficiency virus (HIV). The
8court shall provide information on the availability of HIV
9testing and counseling at the Department of Public Health
10facilities to all parties to whom the results of the testing
11are revealed. The court shall order that the cost of any test
12shall be paid by the county and may be taxed as costs against
13the minor.
14    (10) When a court finds a minor to be guilty the court
15shall, before entering a sentencing order under this Section,
16make a finding whether the offense committed either: (a) was
17related to or in furtherance of the criminal activities of an
18organized gang or was motivated by the minor's membership in or
19allegiance to an organized gang, or (b) involved a violation of
20subsection (a) of Section 12-7.1 of the Criminal Code of 1961
21or the Criminal Code of 2012, a violation of any Section of
22Article 24 of the Criminal Code of 1961 or the Criminal Code of
232012, or a violation of any statute that involved the wrongful
24use of a firearm. If the court determines the question in the
25affirmative, and the court does not commit the minor to the
26Department of Juvenile Justice, the court shall order the minor

 

 

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1to perform community service for not less than 30 hours nor
2more than 120 hours, provided that community service is
3available in the jurisdiction and is funded and approved by the
4county board of the county where the offense was committed. The
5community service shall include, but need not be limited to,
6the cleanup and repair of any damage caused by a violation of
7Section 21-1.3 of the Criminal Code of 1961 or the Criminal
8Code of 2012 and similar damage to property located in the
9municipality or county in which the violation occurred. When
10possible and reasonable, the community service shall be
11performed in the minor's neighborhood. This order shall be in
12addition to any other order authorized by this Section except
13for an order to place the minor in the custody of the
14Department of Juvenile Justice. For the purposes of this
15Section, "organized gang" has the meaning ascribed to it in
16Section 10 of the Illinois Streetgang Terrorism Omnibus
17Prevention Act.
18    (11) If the court determines that the offense was committed
19in furtherance of the criminal activities of an organized gang,
20as provided in subsection (10), and that the offense involved
21the operation or use of a motor vehicle or the use of a
22driver's license or permit, the court shall notify the
23Secretary of State of that determination and of the period for
24which the minor shall be denied driving privileges. If, at the
25time of the determination, the minor does not hold a driver's
26license or permit, the court shall provide that the minor shall

 

 

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1not be issued a driver's license or permit until his or her
218th birthday. If the minor holds a driver's license or permit
3at the time of the determination, the court shall provide that
4the minor's driver's license or permit shall be revoked until
5his or her 21st birthday, or until a later date or occurrence
6determined by the court. If the minor holds a driver's license
7at the time of the determination, the court may direct the
8Secretary of State to issue the minor a judicial driving
9permit, also known as a JDP. The JDP shall be subject to the
10same terms as a JDP issued under Section 6-206.1 of the
11Illinois Vehicle Code, except that the court may direct that
12the JDP be effective immediately.
13    (12) (Blank).
14(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
15100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
16101-159, eff. 1-1-20; revised 8-8-19.)
 
17    (705 ILCS 405/5-750)
18    Sec. 5-750. Commitment to the Department of Juvenile
19Justice.
20    (1) Except as provided in subsection (2) of this Section,
21when any delinquent has been adjudged a ward of the court under
22this Act, the court may commit him or her to the Department of
23Juvenile Justice, if it finds that (a) his or her parents,
24guardian or legal custodian are unfit or are unable, for some
25reason other than financial circumstances alone, to care for,

 

 

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1protect, train or discipline the minor, or are unwilling to do
2so, and the best interests of the minor and the public will not
3be served by placement under Section 5-740, or it is necessary
4to ensure the protection of the public from the consequences of
5criminal activity of the delinquent; and (b) commitment to the
6Department of Juvenile Justice is the least restrictive
7alternative based on evidence that efforts were made to locate
8less restrictive alternatives to secure confinement and the
9reasons why efforts were unsuccessful in locating a less
10restrictive alternative to secure confinement. Before the
11court commits a minor to the Department of Juvenile Justice, it
12shall make a finding that secure confinement is necessary,
13following a review of the following individualized factors:
14        (A) Age of the minor.
15        (B) Criminal background of the minor.
16        (C) Review of results of any assessments of the minor,
17    including child centered assessments such as the CANS.
18        (D) Educational background of the minor, indicating
19    whether the minor has ever been assessed for a learning
20    disability, and if so what services were provided as well
21    as any disciplinary incidents at school.
22        (E) Physical, mental and emotional health of the minor,
23    indicating whether the minor has ever been diagnosed with a
24    health issue and if so what services were provided and
25    whether the minor was compliant with services.
26        (F) Community based services that have been provided to

 

 

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1    the minor, and whether the minor was compliant with the
2    services, and the reason the services were unsuccessful.
3        (G) Services within the Department of Juvenile Justice
4    that will meet the individualized needs of the minor.
5    (1.5) Before the court commits a minor to the Department of
6Juvenile Justice, the court must find reasonable efforts have
7been made to prevent or eliminate the need for the minor to be
8removed from the home, or reasonable efforts cannot, at this
9time, for good cause, prevent or eliminate the need for
10removal, and removal from home is in the best interests of the
11minor, the minor's family, and the public.
12    (2) When a minor of the age of at least 14 13 years is
13adjudged delinquent for the offense of first degree murder, the
14court shall declare the minor a ward of the court and order the
15minor committed to the Department of Juvenile Justice until the
16minor's 21st birthday, without the possibility of aftercare
17release, furlough, or non-emergency authorized absence for a
18period of 5 years from the date the minor was committed to the
19Department of Juvenile Justice, except that the time that a
20minor spent in custody for the instant offense before being
21committed to the Department of Juvenile Justice shall be
22considered as time credited towards that 5 year period. Upon
23release from a Department facility, a minor adjudged delinquent
24for first degree murder shall be placed on aftercare release
25until the age of 21, unless sooner discharged from aftercare
26release or custodianship is otherwise terminated in accordance

 

 

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1with this Act or as otherwise provided for by law. Nothing in
2this subsection (2) shall preclude the State's Attorney from
3seeking to prosecute a minor as an adult as an alternative to
4proceeding under this Act.
5    (3) Except as provided in subsection (2), the commitment of
6a delinquent to the Department of Juvenile Justice shall be for
7an indeterminate term which shall automatically terminate upon
8the delinquent attaining the age of 21 years or upon completion
9of that period for which an adult could be committed for the
10same act, whichever occurs sooner, unless the delinquent is
11sooner discharged from aftercare release or custodianship is
12otherwise terminated in accordance with this Act or as
13otherwise provided for by law.
14    (3.5) Every delinquent minor committed to the Department of
15Juvenile Justice under this Act shall be eligible for aftercare
16release without regard to the length of time the minor has been
17confined or whether the minor has served any minimum term
18imposed. Aftercare release shall be administered by the
19Department of Juvenile Justice, under the direction of the
20Director. Unless sooner discharged, the Department of Juvenile
21Justice shall discharge a minor from aftercare release upon
22completion of the following aftercare release terms:
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 Class
2    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 Class
5    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 the
22    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 is
24charged 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 Department
3of Juvenile Justice and all rights and duties created by that
4commitment are automatically suspended pending final
5disposition of the criminal charge. If the minor is found
6guilty 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 Juvenile
10Justice shall be automatically terminated. If the criminal
11charge is dismissed, the minor is found not guilty, or the
12minor completes a criminal sentence other than imprisonment
13within the Department of Corrections, the penal system of any
14state, or the federal Bureau of Prisons, the previously imposed
15commitment to the Department of Juvenile Justice and the full
16aftercare release term shall be automatically reinstated
17unless custodianship is sooner terminated. Nothing in this
18subsection (7) shall preclude the court from ordering another
19sentence under Section 5-710 of this Act or from terminating
20the Department's custodianship while the commitment to the
21Department is suspended.
22(Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20.)