Illinois General Assembly - Bill Status for HB3718

Amends the Juvenile Court Act of 1987. Provides that local law enforcement, the State Board of Education, the Department of Human Services, and the Public Defender may designate representatives to serve on county juvenile justice councils. Provides that the Justice Advisory Council Director or his or her designee, or if the county has no Justice Advisory Council Director, the State's Attorney, shall serve as interim chairperson. Provides that the chairperson shall appoint additional members of the council which are representatives of local law enforcement, juvenile justice agencies, faith organizations, schools, businesses, and community organizations. Provides for the creation of Local Advisory Committees, and that 20% of the membership of these Committees must be local-justice involved youths aged 16-21. Provides that the duties and responsibilities of the Juvenile Justice Council includes facilitating community based collaboration and perspective on oversight, research, and evaluation of activities, programs, and policies directed towards and impacting the lives of juveniles.

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Reinserts the provisions of the bill. Reinserts provision allowing a county to establish a county juvenile justice council. Provides that the Juvenile Temporary Detention Center shall designate a representative to serve on the council. Provides that Local Advisory Committees may (rather than shall) represent local communities in each township. Provides that if the county has no Justice Advisory Council Director, the State's Attorney, or his or her designee, shall serve as interim chairperson of the council.

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Eliminates mandatory transfers. Provides for presumptive transfers of a minor 15 years of age or older who commits an act that constitutes a forcible felony under the laws of this State, and if a motion by the State's Attorney to prosecute the minor under the criminal laws of Illinois for the alleged forcible felony alleges that (i) the minor has previously been adjudicated delinquent or found guilty for commission of an act that constitutes a forcible felony under the laws of this State or any other state and (ii) the act that constitutes the offense was committed in furtherance of criminal activity by an organized gang. In the excluded jurisdiction provisions, Increases from at least 15 to at least 16 years of age, the automatic adult prosecution of a person charged with: (1) first degree murder, (2) aggravated criminal sexual assault, or (3) aggravated battery with a firearm where the minor personally discharged a firearm. Deletes the automatic adult prosecution of a person at least 15 years of age for armed robbery when the armed robbery was committed with a firearm, or aggravated vehicular hijacking when the hijacking was committed with a firearm. Provides that each circuit clerk shall track the filing, processing, and disposition of all cases: (1) initiated in criminal court as a result of excluded jurisdiction; (2) in which a motion to transfer for adult prosecution was filed by the State; (3) in which a motion for extended jurisdiction was filed by the State; (4) in which a designation is sought of a Habitual Juvenile Offender; and (5) in which a designation is sought of a Violent Juvenile Offender. Provides that on January 15 and June 15 of each year beginning 6 months after the effective date of the amendatory Act, the clerk of each county shall submit a report outlining all of certain descriptive information concerning the defendants to the General Assembly and the county board of the clerk's respective county. Repeals provision that authorizes the Illinois Criminal Justice Information Authority to commission a study on the changes in jurisdiction made in the amendatory Act of the 94th General Assembly and requests that the Illinois Criminal Justice Information Authority provide a written report to the General Assembly 3 years after the effective date of the amendatory Act of the 94th General Assembly (August 12, 2008). Provides that the amendatory changes to the transfer of jurisdiction provisions are prospective. Amends the Unified Code of Corrections. Provides that the court, at the sentencing hearing, shall consider specified mitigating factors before sentencing a person who was under 18 years of age at the time of the commission of the offense. Establishes special sentencing provisions if a person under 18 is convicted of first degree murder of certain persons.

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