Full Text of HB1517 95th General Assembly
HB1517 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1517
Introduced 2/22/2007, by Rep. Annazette Collins SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/5-105 |
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705 ILCS 405/5-120 |
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705 ILCS 405/5-121 new |
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Amends the Juvenile Court Act of 1987. Defines "delinquent minor" as any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinance classified as a misdemeanor offense (presently persons 17 years of age are prosecuted as adults). Creates the Illinois Juvenile Jurisdiction Task Force. Provides that the Task Force shall submit a report by January 1, 2008 to the General Assembly with recommendations on extending juvenile court jurisdiction to youth age 17 charged with Class 4 and Class 3 felonies. Provides that the Task Force shall submit a report by January 1, 2009 to the General Assembly with recommendations on extending juvenile court jurisdiction to youth age 17 charged with all remaining felony classifications. Effective immediately.
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A BILL FOR
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HB1517 |
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LRB095 10049 RLC 30263 b |
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| AN ACT concerning juveniles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 5-105 and 5-120 and by adding Section 5-121 | 6 |
| as follows:
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| (705 ILCS 405/5-105)
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| Sec. 5-105. Definitions. As used in this Article:
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| (1) "Court" means the circuit court in a session or | 10 |
| division
assigned to hear proceedings under this Act, and | 11 |
| includes the term Juvenile
Court.
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| (2) "Community service" means uncompensated labor for a | 13 |
| community service
agency as hereinafter defined.
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| (2.5) "Community service agency" means a not-for-profit | 15 |
| organization,
community
organization, church, charitable | 16 |
| organization, individual, public office,
or other public body | 17 |
| whose purpose is to enhance
the physical or mental health of a | 18 |
| delinquent minor or to rehabilitate the
minor, or to improve | 19 |
| the environmental quality or social welfare of the
community | 20 |
| which agrees to accept community service from juvenile | 21 |
| delinquents
and to report on the progress of the community | 22 |
| service to the State's
Attorney pursuant to an agreement or to | 23 |
| the court or to any agency designated
by the court or to the |
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HB1517 |
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LRB095 10049 RLC 30263 b |
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| authorized diversion program that has referred the
delinquent | 2 |
| minor for community service.
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| (3) "Delinquent minor" means any minor who prior to his or | 4 |
| her 17th birthday
has
violated or attempted to violate, | 5 |
| regardless of where the act occurred, any
federal or State law, | 6 |
| county or municipal ordinance , and any minor who prior to his | 7 |
| or her 18th birthday has violated or attempted to violate, | 8 |
| regardless of where the act occurred, any federal, State, | 9 |
| county or municipal law or ordinance classified as a | 10 |
| misdemeanor offense .
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| (4) "Department" means the Department of Human Services | 12 |
| unless specifically
referenced as another department.
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| (5) "Detention" means the temporary care of a minor who is | 14 |
| alleged to be or
has been adjudicated
delinquent and who | 15 |
| requires secure custody for the minor's own
protection or the | 16 |
| community's protection in a facility designed to physically
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| restrict the minor's movements, pending disposition by the | 18 |
| court or
execution of an order of the court for placement or | 19 |
| commitment. Design
features that physically restrict movement | 20 |
| include, but are not limited to,
locked rooms and the secure | 21 |
| handcuffing of a minor to a rail or other
stationary object. In | 22 |
| addition, "detention" includes the court ordered
care of an | 23 |
| alleged or adjudicated delinquent minor who requires secure
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| custody pursuant to Section 5-125 of this Act.
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| (6) "Diversion" means the referral of a juvenile, without | 26 |
| court
intervention,
into a program that provides services |
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| designed to educate the juvenile and
develop a productive and | 2 |
| responsible approach to living in the community.
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| (7) "Juvenile detention home" means a public facility with | 4 |
| specially trained
staff that conforms to the county juvenile | 5 |
| detention standards promulgated by
the Department of | 6 |
| Corrections.
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| (8) "Juvenile justice continuum" means a set of delinquency | 8 |
| prevention
programs and services designed for the purpose of | 9 |
| preventing or reducing
delinquent acts, including criminal | 10 |
| activity by youth gangs, as well as
intervention, | 11 |
| rehabilitation, and prevention services targeted at minors who
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| have committed delinquent acts,
and minors who have previously | 13 |
| been committed to residential treatment programs
for | 14 |
| delinquents. The term includes children-in-need-of-services | 15 |
| and
families-in-need-of-services programs; aftercare and | 16 |
| reentry services;
substance abuse and mental health programs;
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| community service programs; community service
work programs; | 18 |
| and alternative-dispute resolution programs serving
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| youth-at-risk of delinquency and their families, whether | 20 |
| offered or delivered
by State or
local governmental entities, | 21 |
| public or private for-profit or not-for-profit
organizations, | 22 |
| or religious or charitable organizations. This term would also
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| encompass any program or service consistent with the purpose of | 24 |
| those programs
and services enumerated in this subsection.
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| (9) "Juvenile police officer" means a sworn police officer | 26 |
| who has completed
a Basic Recruit Training Course, has been |
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| assigned to the position of juvenile
police officer by his or | 2 |
| her chief law enforcement officer and has completed
the | 3 |
| necessary juvenile officers training as prescribed by the | 4 |
| Illinois Law
Enforcement Training Standards Board, or in the | 5 |
| case of a State police officer,
juvenile officer training | 6 |
| approved by the Director of State
Police.
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| (10) "Minor" means a person under the age of 21 years | 8 |
| subject to this Act.
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| (11) "Non-secure custody" means confinement where the | 10 |
| minor is not
physically
restricted by being placed in a locked | 11 |
| cell or room, by being handcuffed to a
rail or other stationary | 12 |
| object, or by other means. Non-secure custody may
include, but | 13 |
| is not limited to, electronic monitoring, foster home | 14 |
| placement,
home confinement, group home placement, or physical | 15 |
| restriction of movement or
activity solely through facility | 16 |
| staff.
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| (12) "Public or community service" means uncompensated | 18 |
| labor for a
not-for-profit organization
or public body whose | 19 |
| purpose is to enhance physical or mental stability of the
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| offender, environmental quality or the social welfare and which | 21 |
| agrees to
accept public or community service from offenders and | 22 |
| to report on the progress
of the offender and the public or | 23 |
| community service to the court or to the
authorized diversion | 24 |
| program that has referred the offender for public or
community
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| service.
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| (13) "Sentencing hearing" means a hearing to determine |
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| whether a minor
should
be adjudged a ward of the court, and to | 2 |
| determine what sentence should be
imposed on the minor. It is | 3 |
| the intent of the General Assembly that the term
"sentencing | 4 |
| hearing" replace the term "dispositional hearing" and be | 5 |
| synonymous
with that definition as it was used in the Juvenile | 6 |
| Court Act of 1987.
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| (14) "Shelter" means the temporary care of a minor in | 8 |
| physically
unrestricting facilities pending court disposition | 9 |
| or execution of court order
for placement.
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| (15) "Site" means a not-for-profit organization, public
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| body, church, charitable organization, or individual agreeing | 12 |
| to
accept
community service from offenders and to report on the | 13 |
| progress of ordered or
required public or community service to | 14 |
| the court or to the authorized
diversion program that has | 15 |
| referred the offender for public or community
service.
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| (16) "Station adjustment" means the informal or formal | 17 |
| handling of an
alleged
offender by a juvenile police officer.
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| (17) "Trial" means a hearing to determine whether the | 19 |
| allegations of a
petition under Section 5-520 that a minor is | 20 |
| delinquent are proved beyond a
reasonable doubt. It is the | 21 |
| intent of the General Assembly that the term
"trial" replace | 22 |
| the term "adjudicatory hearing" and be synonymous with that
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| definition as it was used in the Juvenile Court Act of 1987.
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| (Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)
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| (705 ILCS 405/5-120)
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LRB095 10049 RLC 30263 b |
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| Sec. 5-120. Exclusive jurisdiction. Proceedings may be | 2 |
| instituted under the provisions of this Article concerning
any | 3 |
| minor who prior to the minor's 17th birthday has violated or | 4 |
| attempted
to violate, regardless of where the act occurred, any | 5 |
| federal or State law or
municipal or county ordinance , and any | 6 |
| minor who prior to his or her 18th birthday has violated or | 7 |
| attempted to violate, regardless of where the act occurred, any | 8 |
| federal, State, county or municipal law or ordinance classified | 9 |
| as a misdemeanor offense . Except as provided in Sections 5-125, | 10 |
| 5-130,
5-805, and 5-810 of this Article, no minor who was under | 11 |
| 17 years of age at the
time of the alleged offense may be | 12 |
| prosecuted under the criminal laws of this
State.
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| (Source: P.A. 90-590, eff. 1-1-99.)
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| (705 ILCS 405/5-121 new) | 15 |
| Sec. 5-121. Illinois Juvenile Jurisdiction Task Force. | 16 |
| (a) The General Assembly finds that: | 17 |
| (1) 37 other states and the District of Columbia, the | 18 |
| Federal Government, and nearly every international | 19 |
| agreement and country use 18 as the age of juvenile court | 20 |
| jurisdiction; and | 21 |
| (2) recent research on brain development reveals that | 22 |
| the center of the brain that controls reasoning and | 23 |
| impulsivity is not fully developed until the early | 24 |
| twenties; and | 25 |
| (3) trying youth age 17 in the adult court |
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LRB095 10049 RLC 30263 b |
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| disproportionately impacts African American and Latino | 2 |
| youth; and | 3 |
| (4) youth age 17 with a prior juvenile record are | 4 |
| already commonly tried in the juvenile court upon | 5 |
| revocation or parole violations. It is only first time | 6 |
| offenders age 17 whose exclusive option is the adult court. | 7 |
| (b) (1) Therefore, the Illinois Juvenile Jurisdiction Task | 8 |
| Force is hereby created. The mission of the Illinois Juvenile | 9 |
| Jurisdiction Task Force is to develop timelines and a funding | 10 |
| structure to accommodate the expansion of the jurisdiction of | 11 |
| the Illinois Juvenile Court to include youth age 17 under the | 12 |
| jurisdiction of this Act. | 13 |
| (2) The Illinois Juvenile Jurisdiction Task Force shall | 14 |
| consist of the following members: one member appointed by the | 15 |
| President of the Senate, one member appointed by the Minority | 16 |
| Leader of the Senate, one member appointed by the Speaker of | 17 |
| the House, one member appointed by the Minority Leader of the | 18 |
| House, one member appointed by the Governor, the Director of | 19 |
| the Department of Juvenile Justice or his or her designee, the | 20 |
| Director of the Administrative Office of Illinois Courts or his | 21 |
| or her designee, the Cook County State's Attorney or his or her | 22 |
| designee, the Cook County Public Defender or his or her | 23 |
| designee, the Director of the Illinois Appellate Prosecutor's | 24 |
| Association or his or her designee, the State Appellate | 25 |
| Defender or his or her designee, one member appointed by the | 26 |
| Governor who is a county board official, and one member |
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| appointed by the Governor who is an Illinois citizen with | 2 |
| expertise in juvenile justice. | 3 |
| (3) The Task Force shall appoint a chairperson from among | 4 |
| its members. If a vacancy occurs in the Task Force membership, | 5 |
| the vacancy shall be filled in the same manner as the initial | 6 |
| appointment. | 7 |
| (4) Members of the Illinois Juvenile Jurisdiction Task | 8 |
| Force shall serve without compensation. | 9 |
| (5) The Illinois Juvenile Jurisdiction Task Force may begin | 10 |
| to conduct business upon the appointment of a majority of its | 11 |
| members. | 12 |
| (6) The Task Force shall submit a report by January 1, 2008 | 13 |
| to the General Assembly with recommendations on extending | 14 |
| juvenile court jurisdiction to youth age 17 charged with Class | 15 |
| 4 and Class 3 felonies. The Task Force shall submit a report by | 16 |
| January 1, 2009 to the General Assembly with recommendations on | 17 |
| extending juvenile court jurisdiction to youth age 17 charged | 18 |
| with all remaining felony classifications.
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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