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Full Text of SB0066  102nd General Assembly

SB0066 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0066

 

Introduced 1/29/2021, by Sen. Robert Peters

 

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).


LRB102 02820 RLC 12828 b

 

 

A BILL FOR

 

SB0066LRB102 02820 RLC 12828 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
9in respect 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
19        murder, a Class X felony, or a forcible felony shall be
20        placed 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,
13        placed in the guardianship of the Department of
14        Children and Family Services, but only if the
15        delinquent minor is under 15 years of age or, pursuant
16        to Article II of this Act, a minor for whom an
17        independent basis of abuse, neglect, or dependency
18        exists. An independent basis exists when the
19        allegations or adjudication of abuse, neglect, or
20        dependency do not arise from the same facts, incident,
21        or circumstances which give rise to a charge or
22        adjudication of delinquency;
23            (v) placed in detention for a period not to exceed
24        30 days, either as the exclusive order of disposition
25        or, where appropriate, in conjunction with any other
26        order of disposition issued under this paragraph,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB0066- 7 -LRB102 02820 RLC 12828 b

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

 

 

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1    (7.6) In no event shall a guilty minor be committed to the
2Department of Juvenile Justice for an offense which is a Class
34 felony under Section 19-4 (criminal trespass to a
4residence), 21-1 (criminal damage to property), 21-1.01
5(criminal damage to government supported property), 21-1.3
6(criminal defacement of property), 26-1 (disorderly conduct),
7or 31-4 (obstructing justice) of the Criminal Code of 2012.
8    (7.75) In no event shall a guilty minor be committed to the
9Department of Juvenile Justice for an offense that is a Class 3
10or Class 4 felony violation of the Illinois Controlled
11Substances Act unless the commitment occurs upon a third or
12subsequent judicial finding of a violation of probation for
13substantial noncompliance with court-ordered treatment or
14programming.
15    (8) A minor found to be guilty for reasons that include a
16violation of Section 21-1.3 of the Criminal Code of 1961 or the
17Criminal Code of 2012 shall be ordered to perform community
18service for not less than 30 and not more than 120 hours, if
19community service is available in the jurisdiction. The
20community service shall include, but need not be limited to,
21the cleanup and repair of the damage that was caused by the
22violation or similar damage to property located in the
23municipality or county in which the violation occurred. The
24order may be in addition to any other order authorized by this
25Section.
26    (8.5) A minor found to be guilty for reasons that include a

 

 

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1violation of Section 3.02 or Section 3.03 of the Humane Care
2for Animals Act or paragraph (d) of subsection (1) of Section
321-1 of the Criminal Code of 1961 or paragraph (4) of
4subsection (a) of Section 21-1 of the Criminal Code of 2012
5shall be ordered to undergo medical or psychiatric treatment
6rendered by a psychiatrist or psychological treatment rendered
7by a clinical psychologist. The order may be in addition to any
8other order authorized by this Section.
9    (9) In addition to any other sentencing order, the court
10shall order any minor found to be guilty for an act which would
11constitute, predatory criminal sexual assault of a child,
12aggravated criminal sexual assault, criminal sexual assault,
13aggravated criminal sexual abuse, or criminal sexual abuse if
14committed by an adult to undergo medical testing to determine
15whether the defendant has any sexually transmissible disease
16including a test for infection with human immunodeficiency
17virus (HIV) or any other identified causative agency of
18acquired immunodeficiency syndrome (AIDS). Any medical test
19shall be performed only by appropriately licensed medical
20practitioners and may include an analysis of any bodily fluids
21as well as an examination of the minor's person. Except as
22otherwise provided by law, the results of the test shall be
23kept strictly confidential by all medical personnel involved
24in the testing and must be personally delivered in a sealed
25envelope to the judge of the court in which the sentencing
26order was entered for the judge's inspection in camera. Acting

 

 

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1in accordance with the best interests of the victim and the
2public, the judge shall have the discretion to determine to
3whom the results of the testing may be revealed. The court
4shall notify the minor of the results of the test for infection
5with the human immunodeficiency virus (HIV). The court shall
6also notify the victim if requested by the victim, and if the
7victim is under the age of 15 and if requested by the victim's
8parents or legal guardian, the court shall notify the victim's
9parents or the legal guardian, of the results of the test for
10infection with the human immunodeficiency virus (HIV). The
11court shall provide information on the availability of HIV
12testing and counseling at the Department of Public Health
13facilities to all parties to whom the results of the testing
14are revealed. The court shall order that the cost of any test
15shall be paid by the county and may be taxed as costs against
16the minor.
17    (10) When a court finds a minor to be guilty the court
18shall, before entering a sentencing order under this Section,
19make a finding whether the offense committed either: (a) was
20related to or in furtherance of the criminal activities of an
21organized gang or was motivated by the minor's membership in
22or allegiance to an organized gang, or (b) involved a
23violation of subsection (a) of Section 12-7.1 of the Criminal
24Code of 1961 or the Criminal Code of 2012, a violation of any
25Section of Article 24 of the Criminal Code of 1961 or the
26Criminal Code of 2012, or a violation of any statute that

 

 

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

 

 

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1which the minor shall be denied driving privileges. If, at the
2time of the determination, the minor does not hold a driver's
3license or permit, the court shall provide that the minor
4shall not be issued a driver's license or permit until his or
5her 18th birthday. If the minor holds a driver's license or
6permit at the time of the determination, the court shall
7provide that the minor's driver's license or permit shall be
8revoked until his or her 21st birthday, or until a later date
9or occurrence determined by the court. If the minor holds a
10driver's license at the time of the determination, the court
11may direct the Secretary of State to issue the minor a judicial
12driving permit, also known as a JDP. The JDP shall be subject
13to the same terms as a JDP issued under Section 6-206.1 of the
14Illinois Vehicle Code, except that the court may direct that
15the JDP be effective immediately.
16    (12) (Blank).
17(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
18100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff.
197-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
 
20    (705 ILCS 405/5-750)
21    Sec. 5-750. Commitment to the Department of Juvenile
22Justice.
23    (1) Except as provided in subsection (2) of this Section,
24when any delinquent has been adjudged a ward of the court under
25this Act, the court may commit him or her to the Department of

 

 

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

 

 

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

 

 

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1period. Upon release from a Department facility, a minor
2adjudged delinquent for first degree murder shall be placed on
3aftercare release until the age of 21, unless sooner
4discharged from aftercare release or custodianship is
5otherwise terminated in accordance with this Act or as
6otherwise provided for by law. Nothing in this subsection (2)
7shall preclude the State's Attorney from seeking to prosecute
8a minor as an adult as an alternative to proceeding under this
9Act.
10    (3) Except as provided in subsection (2), the commitment
11of a delinquent to the Department of Juvenile Justice shall be
12for an indeterminate term which shall automatically terminate
13upon the delinquent attaining the age of 21 years or upon
14completion of that period for which an adult could be
15committed for the same act, whichever occurs sooner, unless
16the delinquent is sooner discharged from aftercare release or
17custodianship is otherwise terminated in accordance with this
18Act or as otherwise provided for by law.
19    (3.5) Every delinquent minor committed to the Department
20of Juvenile Justice under this Act shall be eligible for
21aftercare release without regard to the length of time the
22minor has been confined or whether the minor has served any
23minimum term imposed. Aftercare release shall be administered
24by the Department of Juvenile Justice, under the direction of
25the Director. Unless sooner discharged, the Department of
26Juvenile Justice shall discharge a minor from aftercare

 

 

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1release upon completion of the following aftercare release
2terms:
3        (a) One and a half years from the date a minor is
4    released from a Department facility, if the minor was
5    committed for a Class X felony;
6        (b) One year from the date a minor is released from a
7    Department facility, if the minor was committed for a
8    Class 1 or 2 felony; and
9        (c) Six months from the date a minor is released from a
10    Department facility, if the minor was committed for a
11    Class 3 felony or lesser offense.
12    (4) When the court commits a minor to the Department of
13Juvenile Justice, it shall order him or her conveyed forthwith
14to the appropriate reception station or other place designated
15by the Department of Juvenile Justice, and shall appoint the
16Director of Juvenile Justice legal custodian of the minor. The
17clerk of the court shall issue to the Director of Juvenile
18Justice a certified copy of the order, which constitutes proof
19of the Director's authority. No other process need issue to
20warrant the keeping of the minor.
21    (5) If a minor is committed to the Department of Juvenile
22Justice, the clerk of the court shall forward to the
23Department:
24        (a) the sentencing order and copies of committing
25    petition;
26        (b) all reports;

 

 

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1        (c) the court's statement of the basis for ordering
2    the disposition;
3        (d) any sex offender evaluations;
4        (e) any risk assessment or substance abuse treatment
5    eligibility screening and assessment of the minor by an
6    agent designated by the State to provide assessment
7    services for the courts;
8        (f) the number of days, if any, which the minor has
9    been in custody and for which he or she is entitled to
10    credit against the sentence, which information shall be
11    provided to the clerk by the sheriff;
12        (g) any medical or mental health records or summaries
13    of the minor;
14        (h) the municipality where the arrest of the minor
15    occurred, the commission of the offense occurred, and the
16    minor resided at the time of commission;
17        (h-5) a report detailing the minor's criminal history
18    in a manner and form prescribed by the Department of
19    Juvenile Justice; and
20        (i) all additional matters which the court directs the
21    clerk to transmit.
22    (6) Whenever the Department of Juvenile Justice lawfully
23discharges from its custody and control a minor committed to
24it, the Director of Juvenile Justice shall petition the court
25for an order terminating his or her custodianship. The
26custodianship shall terminate automatically 30 days after

 

 

SB0066- 18 -LRB102 02820 RLC 12828 b

1receipt of the petition unless the court orders otherwise.
2    (7) If, while on aftercare release, a minor committed to
3the Department of Juvenile Justice who resides in this State
4is charged under the criminal laws of this State, the criminal
5laws of any other state, or federal law with an offense that
6could result in a sentence of imprisonment within the
7Department of Corrections, the penal system of any state, or
8the federal Bureau of Prisons, the commitment to the
9Department of Juvenile Justice and all rights and duties
10created by that commitment are automatically suspended pending
11final disposition of the criminal charge. If the minor is
12found guilty of the criminal charge and sentenced to a term of
13imprisonment in the penitentiary system of the Department of
14Corrections, the penal system of any state, or the federal
15Bureau of Prisons, the commitment to the Department of
16Juvenile Justice shall be automatically terminated. If the
17criminal charge is dismissed, the minor is found not guilty,
18or the minor completes a criminal sentence other than
19imprisonment within the Department of Corrections, the penal
20system of any state, or the federal Bureau of Prisons, the
21previously imposed commitment to the Department of Juvenile
22Justice and the full aftercare release term shall be
23automatically reinstated unless custodianship is sooner
24terminated. Nothing in this subsection (7) shall preclude the
25court from ordering another sentence under Section 5-710 of
26this Act or from terminating the Department's custodianship

 

 

SB0066- 19 -LRB102 02820 RLC 12828 b

1while the commitment to the Department is suspended.
2(Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20.)