HB0083 EnrolledLRB097 05047 RLC 45087 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; (b) it is
18necessary to ensure the protection of the public from the
19consequences of criminal activity of the delinquent; and (b)
20commitment to the Department of Juvenile Justice is the least
21restrictive alternative based on evidence that efforts were
22made to locate less restrictive alternatives to secure
23confinement and the reasons why efforts were unsuccessful in

 

 

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

 

 

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1time, 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 first degree murder, the
6court shall declare the minor a ward of the court and order the
7minor committed to the Department of Juvenile Justice until the
8minor's 21st birthday, without the possibility of parole,
9furlough, or non-emergency authorized absence for a period of 5
10years from the date the minor was committed to the Department
11of Juvenile Justice, except that the time that a minor spent in
12custody for the instant offense before being committed to the
13Department of Juvenile Justice shall be considered as time
14credited towards that 5 year period. Nothing in this subsection
15(2) shall preclude the State's Attorney from seeking to
16prosecute a minor as an adult as an alternative to proceeding
17under this Act.
18    (3) Except as provided in subsection (2), the commitment of
19a delinquent to the Department of Juvenile Justice shall be for
20an indeterminate term which shall automatically terminate upon
21the delinquent attaining the age of 21 years unless the
22delinquent is sooner discharged from parole or custodianship is
23otherwise terminated in accordance with this Act or as
24otherwise provided for by law.
25    (4) When the court commits a minor to the Department of
26Juvenile Justice, it shall order him or her conveyed forthwith

 

 

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1to the appropriate reception station or other place designated
2by the Department of Juvenile Justice, and shall appoint the
3Director of Juvenile Justice legal custodian of the minor. The
4clerk of the court shall issue to the Director of Juvenile
5Justice a certified copy of the order, which constitutes proof
6of the Director's authority. No other process need issue to
7warrant the keeping of the minor.
8    (5) If a minor is committed to the Department of Juvenile
9Justice, the clerk of the court shall forward to the
10Department:
11        (a) the disposition ordered;
12        (b) all reports;
13        (c) the court's statement of the basis for ordering the
14    disposition; and
15        (d) all additional matters which the court directs the
16    clerk to transmit.
17    (6) Whenever the Department of Juvenile Justice lawfully
18discharges from its custody and control a minor committed to
19it, the Director of Juvenile Justice shall petition the court
20for an order terminating his or her custodianship. The
21custodianship shall terminate automatically 30 days after
22receipt of the petition unless the court orders otherwise.
23(Source: P.A. 94-696, eff. 6-1-06.)