Full Text of HB0083 97th General Assembly
HB0083ham005 97TH GENERAL ASSEMBLY | Rep. Karen A. Yarbrough Filed: 4/13/2011
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| 1 | | AMENDMENT TO HOUSE BILL 83
| 2 | | AMENDMENT NO. ______. Amend House Bill 83, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 6 | | changing Section 5-750 as follows:
| 7 | | (705 ILCS 405/5-750)
| 8 | | Sec. 5-750. Commitment to the Department of Juvenile | 9 | | Justice.
| 10 | | (1) Except as provided in subsection (2) of this Section, | 11 | | when any
delinquent has been adjudged a ward of the court under | 12 | | this Act, the court may
commit him or her to the Department of | 13 | | Juvenile Justice, if it
finds
that (a) his or her parents, | 14 | | guardian or legal custodian are unfit or are
unable, for
some | 15 | | reason other than financial circumstances alone, to care for, | 16 | | protect,
train or discipline the minor, or are unwilling to do |
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| 1 | | so,
and the best interests of the minor and
the public will not | 2 | | be served by placement under Section 5-740 ,
or ; (b) it is
| 3 | | necessary to ensure the protection of the public from the | 4 | | consequences of
criminal activity of the delinquent ; and (b)
| 5 | | commitment to the Department of Juvenile Justice is the least
| 6 | | restrictive alternative based on evidence that efforts were
| 7 | | made to locate less restrictive alternatives to secure
| 8 | | confinement and the reasons why efforts were unsuccessful in
| 9 | | locating a less restrictive alternative to secure confinement.
| 10 | | Before the court commits a minor to the Department of Juvenile | 11 | | Justice, it shall make a finding that secure confinement is | 12 | | necessary,
following a review of the following individualized | 13 | | factors: | 14 | | (A) Age of the minor. | 15 | | (B) Criminal background of the minor. | 16 | | (C) Review of results of any assessments of the minor,
| 17 | | including child centered assessments such as the CANS. | 18 | | (D) Educational background of the minor, indicating
| 19 | | whether the minor has ever been assessed for a learning
| 20 | | disability, and if so what services were provided as well | 21 | | as any disciplinary incidents at school. | 22 | | (E) Physical, mental and emotional health of the minor,
| 23 | | indicating whether the minor has ever been diagnosed with a
| 24 | | health issue and if so what services were provided and | 25 | | whether the minor was compliant with services. | 26 | | (F) Community based services that have been provided to
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| 1 | | the minor, and whether the minor was compliant with the | 2 | | services, and the reason the services were unsuccessful. | 3 | | (G) Services within the Department of Juvenile Justice
| 4 | | that will meet the individualized needs of the minor .
| 5 | | (1.5) Before the court commits a minor to the Department of | 6 | | Juvenile Justice, the court must find reasonable efforts have | 7 | | been made to prevent or eliminate the need for the minor to be | 8 | | removed from the home, or reasonable efforts cannot, at this | 9 | | time, for good cause, prevent or eliminate the need for | 10 | | removal, and removal from home is in the best interests of the | 11 | | minor, the minor's family, and the public. | 12 | | (2) When a minor of the age of at least 13 years is | 13 | | adjudged delinquent
for the offense of first degree murder, the | 14 | | court shall declare the minor a
ward of the court and order the | 15 | | minor committed to the Department of
Juvenile Justice until the | 16 | | minor's 21st birthday, without the
possibility of parole, | 17 | | furlough, or non-emergency authorized absence for a
period of 5 | 18 | | years from the date the minor was committed to the Department | 19 | | of
Juvenile Justice, except that the time that a minor spent in | 20 | | custody for the instant
offense before being committed to the | 21 | | Department of Juvenile Justice shall be considered as time
| 22 | | credited towards that 5 year period. Nothing in this subsection | 23 | | (2) shall
preclude the State's Attorney from seeking to | 24 | | prosecute a minor as an adult as
an alternative to proceeding | 25 | | under this Act.
| 26 | | (3) Except as provided in subsection (2), the commitment of |
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| 1 | | a
delinquent to the Department of Juvenile Justice shall be for | 2 | | an indeterminate term
which shall automatically terminate upon | 3 | | the delinquent attaining the age of 21
years unless the | 4 | | delinquent is sooner discharged from parole or custodianship
is | 5 | | otherwise terminated in accordance with this Act or as | 6 | | otherwise provided
for by law.
| 7 | | (4) When the court commits a minor to the Department of | 8 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 9 | | to the appropriate reception station
or
other place designated | 10 | | by the Department of Juvenile Justice, and shall appoint the
| 11 | | Director of Juvenile Justice legal custodian of the
minor. The | 12 | | clerk of the court shall issue to the
Director of Juvenile | 13 | | Justice a certified copy of the order,
which constitutes proof | 14 | | of the Director's authority. No other process need
issue to
| 15 | | warrant the keeping of the minor.
| 16 | | (5) If a minor is committed to the Department of Juvenile | 17 | | Justice, the clerk of the court shall forward to the | 18 | | Department:
| 19 | | (a) the disposition ordered;
| 20 | | (b) all reports;
| 21 | | (c) the court's statement of the basis for ordering the | 22 | | disposition; and
| 23 | | (d) all additional matters which the court directs the | 24 | | clerk to transmit.
| 25 | | (6) Whenever the Department of Juvenile Justice lawfully | 26 | | discharges from its
custody and
control a minor committed to |
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| 1 | | it, the Director of Juvenile Justice shall petition the court | 2 | | for an order terminating his or her
custodianship. The | 3 | | custodianship shall terminate automatically 30 days after
| 4 | | receipt of the petition unless the court orders otherwise.
| 5 | | (Source: P.A. 94-696, eff. 6-1-06 .)".
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