State of Illinois
90th General Assembly

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      705 ILCS 405/5-35         from Ch. 37, par. 805-35
          Amends the Juvenile Court Act of 1987.  Provides  that  a
      minor  adjudged an Habitual Juvenile Offender on or after the
      effective date of the amendatory Act shall not be awarded day
      for day good conduct credit but may be awarded up to 90  days
      of good conduct credit for meritorious service.
 1        AN  ACT  to  amend  the  Juvenile  Court  Act  of 1987 by
 2    changing Section 5-35.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Juvenile Court Act of 1987 is amended by
 6    changing Section 5-35 as follows:
 7        (705 ILCS 405/5-35) (from Ch. 37, par. 805-35)
 8        Sec. 5-35.  Habitual Juvenile Offender.
 9        (a)  Definition.  Any minor having been twice adjudicated
10    a delinquent minor for offenses which, had he been prosecuted
11    as an adult, would have been felonies under the laws of  this
12    State,  and  who is thereafter adjudicated a delinquent minor
13    for a third time  shall  be  adjudged  an  Habitual  Juvenile
14    Offender where:
15             1.  the   third   adjudication  is  for  an  offense
16        occurring after adjudication on the second; and
17             2.  the  second  adjudication  was  for  an  offense
18        occurring after adjudication on the first; and
19             3.  the third  offense  occurred  after  January  1,
20        1980; and
21             4.  the  third offense was based upon the commission
22        of or attempted commission  of  the  following  offenses:
23        first  degree murder, second degree murder or involuntary
24        manslaughter;  criminal  sexual  assault  or   aggravated
25        criminal  sexual  assault;  aggravated or heinous battery
26        involving permanent disability or disfigurement or  great
27        bodily  harm  to  the victim; burglary of a home or other
28        residence intended for use as a  temporary  or  permanent
29        dwelling  place  for human beings; home invasion; robbery
30        or armed robbery; or aggravated arson.
31        Nothing  in  this  section  shall  preclude  the  State's
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 1    Attorney from seeking to prosecute a minor as an adult as  an
 2    alternative to prosecution as an habitual juvenile offender.
 3        A  continuance  under  supervision  authorized by Section
 4    5-19 of this Act shall not be permitted under this section.
 5        (b)  Notice to minor.  The State  shall  serve  upon  the
 6    minor  written  notice  of  intention  to prosecute under the
 7    provisions of this Section within  5  judicial  days  of  the
 8    filing  of  any delinquency petition, adjudication upon which
 9    would mandate the minor's disposition as an Habitual Juvenile
10    Offender.
11        (c)  Petition; service.  A notice to seek adjudication as
12    an Habitual Juvenile Offender shall  be  filed  only  by  the
13    State's Attorney.
14        The  petition  upon which such Habitual Juvenile Offender
15    notice is based shall contain the information  and  averments
16    required for all other delinquency petitions filed under this
17    Act  and  its service shall be according to the provisions of
18    this Act.
19        No prior adjudication shall be alleged in the petition.
20        (d)  Trial.  Trial on such  petition  shall  be  by  jury
21    unless  the  minor  demands, in open court and with advice of
22    counsel, a trial by the court without jury.
23        Except as otherwise provided herein,  the  provisions  of
24    this  Act  concerning delinquency proceedings generally shall
25    be applicable to Habitual Juvenile Offender proceedings.
26        (e)  Proof of prior adjudications.  No evidence or  other
27    disclosure  of  prior adjudications shall be presented to the
28    court or jury during any adjudicatory  hearing  provided  for
29    under  this  Section unless otherwise permitted by the issues
30    properly raised in such hearing.  In the event the minor  who
31    is  the subject of these proceedings elects to testify on his
32    own behalf, it shall be competent to introduce evidence,  for
33    purposes   of   impeachment,  that  he  has  previously  been
34    adjudicated a delinquent minor upon facts which, had he  been
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 1    tried as an adult, would have resulted in his conviction of a
 2    felony  or  of  any offense that involved dishonesty or false
 3    statement.  Introduction of such evidence shall be  according
 4    to  the rules and procedures applicable to the impeachment of
 5    an adult defendant by prior conviction.
 6        After an admission  of  the  facts  in  the  petition  or
 7    adjudication  of  delinquency,  the State's Attorney may file
 8    with the court a verified written  statement  signed  by  the
 9    State's  Attorney  concerning  any  prior  adjudication of an
10    offense set forth in subsection (a)  of  this  Section  which
11    offense  would  have  been  a  felony  or of any offense that
12    involved dishonesty or false statement had  the   minor  been
13    tried as an adult.
14        The court shall then cause the minor to be brought before
15    it;  shall  inform him of the allegations of the statement so
16    filed, and of his right to a hearing before the court on  the
17    issue  of such prior adjudication and of his right to counsel
18    at  such  hearing;  and  unless   the   minor   admits   such
19    adjudication,  the court shall hear and determine such issue,
20    and shall make a written finding thereon.
21        A duly authenticated copy  of  the  record  of  any  such
22    alleged  prior  adjudication shall be prima facie evidence of
23    such prior adjudication  or  of  any  offense  that  involved
24    dishonesty or false statement.
25        Any  claim  that  a  previous adjudication offered by the
26    State's Attorney is not a former adjudication of  an  offense
27    which,  had the minor been prosecuted as an adult, would have
28    resulted in his conviction of  a felony  or  of  any  offense
29    that involved dishonesty or false statement, is waived unless
30    duly  raised  at  the hearing on such adjudication, or unless
31    the  State's  Attorney's  proof   shows   that   such   prior
32    adjudication was not based upon proof of what would have been
33    a felony.
34        (f)  Disposition.   If   the   court   finds   that   the
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 1    prerequisites  established  in subsection (a) of this Section
 2    have been proven, it shall adjudicate the minor  an  Habitual
 3    Juvenile  Offender  and  commit  him  to  the  Department  of
 4    Corrections,   Juvenile  Division,  until  his  or  her  21st
 5    birthday,  without   possibility  of  parole,  furlough,   or
 6    non-emergency  authorized  absence.  A  minor  adjudicated an
 7    Habitual Juvenile Offender on or after the effective date  of
 8    this  amendatory  Act of 1997 However, the minor shall not be
 9    entitled to earn one day of good conduct credit for each  day
10    served  as  reductions  against  the  period  of  his  or her
11    confinement.    A  minor  adjudicated  an  Habitual  Juvenile
12    Offender before the effective date of this amendatory Act  of
13    1997 shall be entitled to earn one day of good conduct credit
14    for  each  day served as reductions against the period of his
15    or her confinement. The Assistant  Director  of  Corrections,
16    Juvenile  Division, may award a minor adjudicated an Habitual
17    Juvenile Offender on or after  the  effective  date  of  this
18    amendatory  Act  of 1997 up to 90 days of good conduct credit
19    for  meritorious  service  in  specific  instances   as   the
20    Assistant  Director  deems  proper.   The  Such  good conduct
21    credits  shall  be  earned  or  revoked  according   to   the
22    procedures applicable to the allowance and revocation of good
23    conduct   credit  for  adult  prisoners  serving  determinate
24    sentences for felonies.
25        For  purposes  of  determining   good   conduct   credit,
26    commitment   as   an  Habitual  Juvenile  Offender  shall  be
27    considered  a  determinate  commitment,  and  the  difference
28    between the date of  the  commitment  and  the  minor's  21st
29    birthday  shall  be  considered the determinate period of his
30    confinement.
31    (Source: P.A. 88-678, eff. 7-1-95.)

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