Rep. Annazette Collins

Filed: 3/10/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 83

2    AMENDMENT NO. ______. Amend House Bill 83 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1be served by placement under Section 5-740, or; (b) it is
2necessary to ensure the protection of the public from the
3consequences of criminal activity of the delinquent; and (b)
4commitment to the Department of Juvenile Justice is the least
5restrictive alternative based on evidence that efforts were
6made to locate less restrictive alternatives to secure
7confinement and the reasons why efforts were unsuccessful in
8locating a less restrictive alternative to secure confinement.
9    (1.5) It is the policy of the State of Illinois that secure
10confinement be the sentencing option of last resort, be
11utilized for as short a time as possible, and be reserved
12primarily as a last resort for minors adjudged delinquent for
13felony offenses involving great bodily harm. When a minor of
14the age of at least 13 years is adjudged delinquent for an
15offense classified as a misdemeanor or a non-violent felony,
16there is a presumption in favor of community based treatment
17rather than secure confinement. The court shall document the
18individualized reasons why secure confinement is necessary,
19following a review of the following factors:
20        (a) Age of the minor.
21        (b) Criminal background of the minor.
22        (c) Review of results of assessments of the minor,
23    including child centered assessments such as the CANS.
24        (d) Educational background of the minor, indicating
25    whether the minor has ever been assessed for a learning
26    disability, and if so what services were provided.

 

 

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1        (e) Physical, mental and emotional health of the minor,
2    indicating whether the minor has ever been diagnosed with a
3    health issue and if so what services were provided.
4        (f) Community based services that have been provided to
5    the minor.
6        (g) A review of community based services available to
7    the minor.
8        (h) Services within the Department of Juvenile Justice
9    that will meet the individualized needs of the minor.
10    (1.6) In addition, the order of the court shall require the
11preparation and filing with the court of an individualized case
12plan. The case plan shall include documentation of less
13restrictive alternatives to secure confinement and shall
14include an individualized reentry plan to return the minor to
15his or her home as soon as possible with supportive services to
16ensure his or her successful reentry. This plan shall be
17completed and presented to the sentencing court for review
18prior to the Department of Juvenile Justice conveying the minor
19to a the Department of Juvenile Justice facility.
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
24minor's 21st birthday, without the possibility of parole,
25furlough, or non-emergency authorized absence for a period of 5
26years from the date the minor was committed to the Department

 

 

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1of Juvenile Justice, except that the time that a minor spent in
2custody for the instant offense before being committed to the
3Department of Juvenile Justice shall be considered as time
4credited towards that 5 year period. Nothing in this subsection
5(2) shall preclude the State's Attorney from seeking to
6prosecute a minor as an adult as an alternative to proceeding
7under this Act.
8    (3) Except as provided in subsection (2), the commitment of
9a delinquent to the Department of Juvenile Justice shall be for
10an indeterminate term which shall automatically terminate upon
11the delinquent attaining the age of 21 years unless the
12delinquent is sooner discharged from parole or custodianship is
13otherwise terminated in accordance with this Act or as
14otherwise provided for by law.
15    (4) When the court commits a minor to the Department of
16Juvenile Justice, it shall order him or her conveyed forthwith
17to the appropriate reception station or other place designated
18by the Department of Juvenile Justice, and shall appoint the
19Director of Juvenile Justice legal custodian of the minor. The
20clerk of the court shall issue to the Director of Juvenile
21Justice a certified copy of the order, which constitutes proof
22of the Director's authority. No other process need issue to
23warrant the keeping of the minor.
24    (5) If a minor is committed to the Department of Juvenile
25Justice, the clerk of the court shall forward to the
26Department:

 

 

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1        (a) the disposition ordered;
2        (b) all reports;
3        (c) the court's statement of the basis for ordering the
4    disposition; and
5        (d) all additional matters which the court directs the
6    clerk to transmit.
7    (6) Whenever the Department of Juvenile Justice lawfully
8discharges from its custody and control a minor committed to
9it, the Director of Juvenile Justice shall petition the court
10for an order terminating his or her custodianship. The
11custodianship shall terminate automatically 30 days after
12receipt of the petition unless the court orders otherwise.
13(Source: P.A. 94-696, eff. 6-1-06.)".