Full Text of HB0083 97th General Assembly
HB0083ham003 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-750 as follows:
| 6 | | (705 ILCS 405/5-750)
| 7 | | Sec. 5-750. Commitment to the Department of Juvenile | 8 | | Justice.
| 9 | | (1) Except as provided in subsection (2) of this Section, | 10 | | when any
delinquent has been adjudged a ward of the court under | 11 | | this Act, the court may
commit him or her to the Department of | 12 | | Juvenile Justice, if it
finds
that (a) his or her parents, | 13 | | guardian or legal custodian are unfit or are
unable, for
some | 14 | | reason other than financial circumstances alone, to care for, | 15 | | protect,
train or discipline the minor, or are unwilling to do | 16 | | so,
and the best interests of the minor and
the public will not |
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| 1 | | be served by placement under Section 5-740 ,
or ; (b) it is
| 2 | | necessary to ensure the protection of the public from the | 3 | | consequences of
criminal activity of the delinquent ; and (b) | 4 | | commitment to the Department of Juvenile Justice is the least | 5 | | restrictive alternative based on evidence that efforts were | 6 | | made to locate less restrictive alternatives to secure | 7 | | confinement and the reasons why efforts were unsuccessful in | 8 | | locating a less restrictive alternative to secure confinement. | 9 | | (1.5) It is the policy of the State of Illinois that secure | 10 | | confinement be the sentencing option of last resort, be | 11 | | utilized for as short a time as possible, and be reserved | 12 | | primarily as a last resort for minors adjudged delinquent for | 13 | | felony offenses involving great bodily harm. When a minor of | 14 | | the age of at least 13 years is adjudged delinquent for an | 15 | | offense classified as a misdemeanor or a non-violent felony, | 16 | | there is a presumption in favor of community based treatment | 17 | | rather than secure confinement. The court shall document the | 18 | | individualized reasons why secure confinement is necessary, | 19 | | following 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 | 11 | | preparation and filing with the court of an individualized case | 12 | | plan. The case plan shall include documentation of less | 13 | | restrictive alternatives to secure confinement and shall | 14 | | include an individualized reentry plan to return the minor to | 15 | | his or her home as soon as possible with supportive services to | 16 | | ensure his or her successful reentry. This plan shall be | 17 | | completed and presented to the sentencing court for review | 18 | | prior to the Department of Juvenile Justice conveying the minor | 19 | | to a the Department of Juvenile Justice facility .
| 20 | | (2) When a minor of the age of at least 13 years is | 21 | | adjudged delinquent
for the offense of first degree murder, the | 22 | | court shall declare the minor a
ward of the court and order the | 23 | | minor committed to the Department of
Juvenile Justice until the | 24 | | minor's 21st birthday, without the
possibility of parole, | 25 | | furlough, or non-emergency authorized absence for a
period of 5 | 26 | | years from the date the minor was committed to the Department |
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| 1 | | of
Juvenile Justice, except that the time that a minor spent in | 2 | | custody for the instant
offense before being committed to the | 3 | | Department of Juvenile Justice shall be considered as time
| 4 | | credited towards that 5 year period. Nothing in this subsection | 5 | | (2) shall
preclude the State's Attorney from seeking to | 6 | | prosecute a minor as an adult as
an alternative to proceeding | 7 | | under this Act.
| 8 | | (3) Except as provided in subsection (2), the commitment of | 9 | | a
delinquent to the Department of Juvenile Justice shall be for | 10 | | an indeterminate term
which shall automatically terminate upon | 11 | | the delinquent attaining the age of 21
years unless the | 12 | | delinquent is sooner discharged from parole or custodianship
is | 13 | | otherwise terminated in accordance with this Act or as | 14 | | otherwise provided
for by law.
| 15 | | (4) When the court commits a minor to the Department of | 16 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 17 | | to the appropriate reception station
or
other place designated | 18 | | by the Department of Juvenile Justice, and shall appoint the
| 19 | | Director of Juvenile Justice legal custodian of the
minor. The | 20 | | clerk of the court shall issue to the
Director of Juvenile | 21 | | Justice a certified copy of the order,
which constitutes proof | 22 | | of the Director's authority. No other process need
issue to
| 23 | | warrant the keeping of the minor.
| 24 | | (5) If a minor is committed to the Department of Juvenile | 25 | | Justice, the clerk of the court shall forward to the | 26 | | Department:
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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 | 8 | | discharges from its
custody and
control a minor committed to | 9 | | it, the Director of Juvenile Justice shall petition the court | 10 | | for an order terminating his or her
custodianship. The | 11 | | custodianship shall terminate automatically 30 days after
| 12 | | receipt of the petition unless the court orders otherwise.
| 13 | | (Source: P.A. 94-696, eff. 6-1-06 .)".
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