Full Text of HB1517 95th General Assembly
HB1517eng 95TH GENERAL ASSEMBLY
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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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| 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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| 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 . If before trial or plea, an | 10 |
| information or indictment is filed that includes one or more | 11 |
| charges under the criminal laws of this State and additional | 12 |
| charges that are classified as misdemeanors that are subject to | 13 |
| proceedings under this Act, all of the charges arising out of | 14 |
| the same incident shall be prosecuted under the criminal laws | 15 |
| of this State. If after trial or plea the court finds that the | 16 |
| minor committed an offense that is solely classified as a | 17 |
| misdemeanor, the court must proceed under Section 5-705 and | 18 |
| 5-710 of this Act. Except as provided in Sections 5-125, 5-130,
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| 5-805, and 5-810 of this Article, no minor who was under 17 | 20 |
| years of age at the
time of the alleged offense may be | 21 |
| 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) | 24 |
| Sec. 5-121. Illinois Juvenile Jurisdiction Task Force. | 25 |
| (a) The General Assembly finds that: |
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| (1) 37 other states and the District of Columbia, the | 2 |
| Federal Government, and nearly every international | 3 |
| agreement and country use 18 as the age of juvenile court | 4 |
| jurisdiction; and | 5 |
| (2) recent research on brain development reveals that | 6 |
| the center of the brain that controls reasoning and | 7 |
| impulsivity is not fully developed until the early | 8 |
| twenties; and | 9 |
| (3) trying youth age 17 in the adult court | 10 |
| disproportionately impacts African American and Latino | 11 |
| youth; and | 12 |
| (4) youth age 17 with a prior juvenile record are | 13 |
| already commonly tried in the juvenile court upon | 14 |
| revocation or parole violations. It is only first time | 15 |
| offenders age 17 whose exclusive option is the adult court. | 16 |
| (b) (1) Therefore, the Illinois Juvenile Jurisdiction Task | 17 |
| Force is hereby created. The mission of the Illinois Juvenile | 18 |
| Jurisdiction Task Force is to develop timelines and a funding | 19 |
| structure to accommodate the expansion of the jurisdiction of | 20 |
| the Illinois Juvenile Court to include youth age 17 under the | 21 |
| jurisdiction of this Act. | 22 |
| (2) The Illinois Juvenile Jurisdiction Task Force shall | 23 |
| consist of the following members: one member appointed by the | 24 |
| President of the Senate, one member appointed by the Minority | 25 |
| Leader of the Senate, one member appointed by the Speaker of | 26 |
| the House, one member appointed by the Minority Leader of the |
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| House, one member appointed by the Governor, the Director of | 2 |
| the Department of Juvenile Justice or his or her designee, the | 3 |
| Director of the Administrative Office of Illinois Courts or his | 4 |
| or her designee, the Cook County State's Attorney or his or her | 5 |
| designee, the Cook County Public Defender or his or her | 6 |
| designee, the Director of the Illinois Appellate Prosecutor's | 7 |
| Association or his or her designee, the State Appellate | 8 |
| Defender or his or her designee, one member appointed by the | 9 |
| Governor who is a county board official, and one member | 10 |
| appointed by the Governor who is an Illinois citizen with | 11 |
| expertise in juvenile justice. | 12 |
| (3) The Task Force shall appoint a chairperson from among | 13 |
| its members. If a vacancy occurs in the Task Force membership, | 14 |
| the vacancy shall be filled in the same manner as the initial | 15 |
| appointment. | 16 |
| (4) Members of the Illinois Juvenile Jurisdiction Task | 17 |
| Force shall serve without compensation. | 18 |
| (5) The Illinois Juvenile Jurisdiction Task Force may begin | 19 |
| to conduct business upon the appointment of a majority of its | 20 |
| members. | 21 |
| (6) The Task Force shall submit a report by January 1, 2008 | 22 |
| to the General Assembly with recommendations on extending | 23 |
| juvenile court jurisdiction to youth age 17 charged with Class | 24 |
| 4 and Class 3 felonies. The Task Force shall submit a report by | 25 |
| January 1, 2009 to the General Assembly with recommendations on | 26 |
| extending juvenile court jurisdiction to youth age 17 charged |
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| with all remaining felony classifications.
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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