97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0082

 

Introduced 1/12/2011, by Rep. Annazette Collins

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-750

    Amends the Juvenile Court Act of 1987. Provides that the court may not commit to the Department of Juvenile Justice a delinquent who has been adjudged a ward of the court for an act that if committed by an adult would be a misdemeanor. Provides that if a minor has been adjudged a ward of the court for an act that if committed by an adult would be a Class 4 or Class 3 felony, the court shall, in addition to the factors and review in the Act, evaluate whether the best interests of the minor and the public will be served by placing the minor in a community based alternative program instead of commitment to the Department of Juvenile Justice.


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A BILL FOR

 

HB0082LRB097 05050 RLC 45090 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 subsections subsection (2) and
10(2.5) of this Section, when any delinquent has been adjudged a
11ward of the court under this Act, the court may commit him or
12her to the Department of Juvenile Justice, if it finds that (a)
13his or her parents, guardian or legal custodian are unfit or
14are unable, for some reason other than financial circumstances
15alone, to care for, protect, train or discipline the minor, or
16are unwilling to do so, and the best interests of the minor and
17the public will not be served by placement under Section 5-740
18or; (b) it is necessary to ensure the protection of the public
19from the consequences of criminal activity of the delinquent.
20    (2) When a minor of the age of at least 13 years is
21adjudged delinquent for the offense of first degree murder, the
22court shall declare the minor a ward of the court and order the
23minor committed to the Department of Juvenile Justice until the

 

 

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1minor's 21st birthday, without the possibility of parole,
2furlough, or non-emergency authorized absence for a period of 5
3years from the date the minor was committed to the Department
4of Juvenile Justice, except that the time that a minor spent in
5custody for the instant offense before being committed to the
6Department of Juvenile Justice shall be considered as time
7credited towards that 5 year period. Nothing in this subsection
8(2) shall preclude the State's Attorney from seeking to
9prosecute a minor as an adult as an alternative to proceeding
10under this Act.
11    (2.5) The court may not commit to the Department of
12Juvenile Justice a delinquent who has been adjudged a ward of
13the court under this Act for an act that if committed by an
14adult would be a misdemeanor. If a minor has been adjudged a
15ward of the court under this Act for an act that if committed
16by an adult would be a Class 4 or Class 3 felony, the court
17shall, in addition to the factors and review in Section 5-750
18and elsewhere in this Act, evaluate whether the best interests
19of the minor and the public will be served by placing the minor
20in a community based alternative program instead of commitment
21to the Department of Juvenile Justice.
22    (3) Except as provided in subsection (2), the commitment of
23a delinquent to the Department of Juvenile Justice shall be for
24an indeterminate term which shall automatically terminate upon
25the delinquent attaining the age of 21 years unless the
26delinquent is sooner discharged from parole or custodianship is

 

 

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1otherwise terminated in accordance with this Act or as
2otherwise provided for by law.
3    (4) When the court commits a minor to the Department of
4Juvenile Justice, it shall order him or her conveyed forthwith
5to the appropriate reception station or other place designated
6by the Department of Juvenile Justice, and shall appoint the
7Director of Juvenile Justice legal custodian of the minor. The
8clerk of the court shall issue to the Director of Juvenile
9Justice a certified copy of the order, which constitutes proof
10of the Director's authority. No other process need issue to
11warrant the keeping of the minor.
12    (5) If a minor is committed to the Department of Juvenile
13Justice, the clerk of the court shall forward to the
14Department:
15        (a) the disposition ordered;
16        (b) all reports;
17        (c) the court's statement of the basis for ordering the
18    disposition; and
19        (d) all additional matters which the court directs the
20    clerk to transmit.
21    (6) Whenever the Department of Juvenile Justice lawfully
22discharges from its custody and control a minor committed to
23it, the Director of Juvenile Justice shall petition the court
24for an order terminating his or her custodianship. The
25custodianship shall terminate automatically 30 days after
26receipt of the petition unless the court orders otherwise.

 

 

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1(Source: P.A. 94-696, eff. 6-1-06.)