Full Text of SB2929 102nd General Assembly
SB2929 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2929 Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that when a minor of the age of at least 13 years is adjudged delinquent
for: (1) attempted first degree murder or (2) any offense involving the use or discharge of a firearm upon school grounds or any part of a building or grounds used for school purposes, including any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity that results in bodily injury or death to any person (in addition to first degree murder), the court shall declare the minor a
ward of the court and order the minor committed to the Department of
Juvenile Justice until the minor's 21st birthday, without the
possibility of aftercare release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the Department, except that the time that a minor spent in custody for the instant
offense before being committed to the Department shall be considered as time
credited towards that 5-year period.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | be served by placement under Section 5-740,
or it is
necessary | 18 | | to ensure the protection of the public from the consequences | 19 | | of
criminal activity of the delinquent; and (b)
commitment to | 20 | | the Department of Juvenile Justice is the least
restrictive | 21 | | alternative based on evidence that efforts were
made to locate | 22 | | less restrictive alternatives to secure
confinement and the | 23 | | reasons why efforts were unsuccessful in
locating a less |
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| 1 | | restrictive alternative to secure confinement. Before the | 2 | | court commits a minor to the Department of Juvenile Justice, | 3 | | it shall make a finding that secure confinement is necessary,
| 4 | | following a review of the following individualized factors: | 5 | | (A) Age of the minor. | 6 | | (B) Criminal background of the minor. | 7 | | (C) Review of results of any assessments of the minor,
| 8 | | including child centered assessments such as the CANS. | 9 | | (D) Educational background of the minor, indicating
| 10 | | whether the minor has ever been assessed for a learning
| 11 | | disability, and if so what services were provided as well | 12 | | as any disciplinary incidents at school. | 13 | | (E) Physical, mental and emotional health of the | 14 | | minor,
indicating whether the minor has ever been | 15 | | diagnosed with a
health issue and if so what services were | 16 | | provided and whether the minor was compliant with | 17 | | services. | 18 | | (F) Community based services that have been provided | 19 | | to
the minor, and whether the minor was compliant with the | 20 | | services, and the reason the services were unsuccessful. | 21 | | (G) Services within the Department of Juvenile Justice
| 22 | | that will meet the individualized needs of the minor.
| 23 | | (1.5) Before the court commits a minor to the Department | 24 | | of Juvenile Justice, the court must find reasonable efforts | 25 | | have been made to prevent or eliminate the need for the minor | 26 | | to be removed from the home, or reasonable efforts cannot, at |
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| 1 | | this time, for good cause, prevent or eliminate the need for | 2 | | removal, and removal from home is in the best interests of the | 3 | | minor, the minor's family, and the public. | 4 | | (2) When a minor of the age of at least 13 years is | 5 | | adjudged delinquent
for the offense of : (i) first degree | 6 | | murder ; (ii) attempted first degree murder; or (iii) any | 7 | | offense involving the use or discharge of a firearm upon | 8 | | school grounds or any part of a building or grounds used for | 9 | | school purposes, including any conveyance owned, leased, or | 10 | | contracted by a school to transport students to or from school | 11 | | or a school related activity that results in bodily injury or | 12 | | death to any person , the court shall declare the minor a
ward | 13 | | of the court and order the minor committed to the Department of
| 14 | | Juvenile Justice until the minor's 21st birthday, without the
| 15 | | possibility of aftercare release, furlough, or non-emergency | 16 | | authorized absence for a
period of 5 years from the date the | 17 | | minor was committed to the Department of
Juvenile Justice, | 18 | | except that the time that a minor spent in custody for the | 19 | | instant
offense before being committed to the Department of | 20 | | Juvenile Justice shall be considered as time
credited towards | 21 | | that 5 year period. Upon release from a Department facility, a | 22 | | minor adjudged delinquent for first degree murder shall be | 23 | | placed on aftercare release until the age of 21, unless sooner | 24 | | discharged from aftercare release or custodianship is | 25 | | otherwise terminated in accordance with this Act or as | 26 | | otherwise provided for by law. Nothing in this subsection (2) |
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| 1 | | shall
preclude the State's Attorney from seeking to prosecute | 2 | | a minor as an adult as
an alternative to proceeding under this | 3 | | Act.
| 4 | | (3) Except as provided in subsection (2), the commitment | 5 | | of a
delinquent to the Department of Juvenile Justice shall be | 6 | | for an indeterminate term
which shall automatically terminate | 7 | | upon the delinquent attaining the age of 21
years or upon | 8 | | completion of that period for which an adult could be | 9 | | committed for the same act, whichever occurs sooner, unless | 10 | | the delinquent is sooner discharged from aftercare release or | 11 | | custodianship
is otherwise terminated in accordance with this | 12 | | Act or as otherwise provided
for by law.
| 13 | | (3.5) Every delinquent minor committed to the Department | 14 | | of Juvenile Justice under this Act shall be eligible for | 15 | | aftercare release without regard to the length of time the | 16 | | minor has been confined or whether the minor has served any | 17 | | minimum term imposed. Aftercare release shall be administered | 18 | | by the Department of Juvenile Justice, under the direction of | 19 | | the Director. Unless sooner discharged, the Department of | 20 | | Juvenile Justice shall discharge a minor from aftercare | 21 | | release upon completion of the following aftercare release | 22 | | terms: | 23 | | (a) One and a half years from the date a minor is | 24 | | released from a Department facility, if the minor was | 25 | | committed for a Class X felony; | 26 | | (b) One year from the date a minor is released from a |
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| 1 | | Department facility, if the minor was committed for a | 2 | | Class 1 or 2 felony; and | 3 | | (c) Six months from the date a minor is released from a | 4 | | Department facility, if the minor was committed for a | 5 | | Class 3 felony or lesser offense. | 6 | | (4) When the court commits a minor to the Department of | 7 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 8 | | to the appropriate reception station
or
other place designated | 9 | | by the Department of Juvenile Justice, and shall appoint the
| 10 | | Director of Juvenile Justice legal custodian of the
minor. The | 11 | | clerk of the court shall issue to the
Director of Juvenile | 12 | | Justice a certified copy of the order,
which constitutes proof | 13 | | of the Director's authority. No other process need
issue to
| 14 | | warrant the keeping of the minor.
| 15 | | (5) If a minor is committed to the Department of Juvenile | 16 | | Justice, the clerk of the court shall forward to the | 17 | | Department:
| 18 | | (a) the sentencing order and copies of committing | 19 | | petition;
| 20 | | (b) all reports;
| 21 | | (c) the court's statement of the basis for ordering | 22 | | the disposition;
| 23 | | (d) any sex offender evaluations; | 24 | | (e) any risk assessment or substance abuse treatment | 25 | | eligibility screening and assessment of the minor by an | 26 | | agent designated by the State to provide assessment |
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| 1 | | services for the courts; | 2 | | (f) the number of days, if any, which the minor has | 3 | | been in custody and for which he or she is entitled to | 4 | | credit against the sentence, which information shall be | 5 | | provided to the clerk by the sheriff; | 6 | | (g) any medical or mental health records or summaries | 7 | | of the minor; | 8 | | (h) the municipality where the arrest of the minor | 9 | | occurred, the commission of the offense occurred, and the | 10 | | minor resided at the time of commission; | 11 | | (h-5) a report detailing the minor's criminal history | 12 | | in a manner and form prescribed by the Department of | 13 | | Juvenile Justice; and | 14 | | (i) all additional matters which the court directs the | 15 | | clerk to transmit.
| 16 | | (6) Whenever the Department of Juvenile Justice lawfully | 17 | | discharges from its
custody and
control a minor committed to | 18 | | it, the Director of Juvenile Justice shall petition the court | 19 | | for an order terminating his or her
custodianship. The | 20 | | custodianship shall terminate automatically 30 days after
| 21 | | receipt of the petition unless the court orders otherwise.
| 22 | | (7) If, while on aftercare release, a minor committed to | 23 | | the Department of Juvenile Justice who resides in this State | 24 | | is charged under the criminal laws of this State, the criminal | 25 | | laws of any other state, or federal law with an offense that | 26 | | could result in a sentence of imprisonment within the |
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| 1 | | Department of Corrections, the penal system of any state, or | 2 | | the federal Bureau of Prisons, the commitment to the | 3 | | Department of Juvenile Justice and all rights and duties | 4 | | created by that commitment are automatically suspended pending | 5 | | final disposition of the criminal charge. If the minor is | 6 | | found guilty of the criminal charge and sentenced to a term of | 7 | | imprisonment in the penitentiary system of the Department of | 8 | | Corrections, the penal system of any state, or the federal | 9 | | Bureau of Prisons, the commitment to the Department of | 10 | | Juvenile Justice shall be automatically terminated. If the | 11 | | criminal charge is dismissed, the minor is found not guilty, | 12 | | or the minor completes a criminal sentence other than | 13 | | imprisonment within the Department of Corrections, the penal | 14 | | system of any state, or the federal Bureau of Prisons, the | 15 | | previously imposed commitment to the Department of Juvenile | 16 | | Justice and the full aftercare release term shall be | 17 | | automatically reinstated unless custodianship is sooner | 18 | | terminated. Nothing in this subsection (7) shall preclude the | 19 | | court from ordering another sentence under Section 5-710 of | 20 | | this Act or from terminating the Department's custodianship | 21 | | while the commitment to the Department is suspended. | 22 | | (Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20 .)
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