Bill Text: IL HB2305 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that an adjudged delinquent for the offense of first degree murder may be committed to the Department of Juvenile Justice when he or she is 14 years old (rather than 13 years old).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2305 Detail]

Download: Illinois-2019-HB2305-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2305

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-710
705 ILCS 405/5-750

Amends the Juvenile Court Act of 1987. Provides that an adjudged delinquent for the offense of first degree murder may be committed to the Department of Juvenile Justice when he or she is 14 years old (rather than 13 years old).
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A BILL FOR

HB2305LRB101 09190 SLF 54284 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-710 and 5-750 as follows:
6 (705 ILCS 405/5-710)
7 Sec. 5-710. Kinds of sentencing orders.
8 (1) The following kinds of sentencing orders may be made in
9respect of wards of the court:
10 (a) Except as provided in Sections 5-805, 5-810, and
11 5-815, a minor who is found guilty under Section 5-620 may
12 be:
13 (i) put on probation or conditional discharge and
14 released to his or her parents, guardian or legal
15 custodian, provided, however, that any such minor who
16 is not committed to the Department of Juvenile Justice
17 under this subsection and who is found to be a
18 delinquent for an offense which is first degree murder,
19 a Class X felony, or a forcible felony shall be placed
20 on probation;
21 (ii) placed in accordance with Section 5-740, with
22 or without also being put on probation or conditional
23 discharge;

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1 (iii) required to undergo a substance abuse
2 assessment conducted by a licensed provider and
3 participate in the indicated clinical level of care;
4 (iv) on and after the effective date of this
5 amendatory Act of the 98th General Assembly and before
6 January 1, 2017, placed in the guardianship of the
7 Department of Children and Family Services, but only if
8 the delinquent minor is under 16 years of age or,
9 pursuant to Article II of this Act, a minor for whom an
10 independent basis of abuse, neglect, or dependency
11 exists. On and after January 1, 2017, placed in the
12 guardianship of the Department of Children and Family
13 Services, but only if the delinquent minor is under 15
14 years of age or, pursuant to Article II of this Act, a
15 minor for whom an independent basis of abuse, neglect,
16 or dependency exists. An independent basis exists when
17 the allegations or adjudication of abuse, neglect, or
18 dependency do not arise from the same facts, incident,
19 or circumstances which give rise to a charge or
20 adjudication of delinquency;
21 (v) placed in detention for a period not to exceed
22 30 days, either as the exclusive order of disposition
23 or, where appropriate, in conjunction with any other
24 order of disposition issued under this paragraph,
25 provided that any such detention shall be in a juvenile
26 detention home and the minor so detained shall be 10

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1 years of age or older. However, the 30-day limitation
2 may be extended by further order of the court for a
3 minor under age 15 committed to the Department of
4 Children and Family Services if the court finds that
5 the minor is a danger to himself or others. The minor
6 shall be given credit on the sentencing order of
7 detention for time spent in detention under Sections
8 5-501, 5-601, 5-710, or 5-720 of this Article as a
9 result of the offense for which the sentencing order
10 was imposed. The court may grant credit on a sentencing
11 order of detention entered under a violation of
12 probation or violation of conditional discharge under
13 Section 5-720 of this Article for time spent in
14 detention before the filing of the petition alleging
15 the violation. A minor shall not be deprived of credit
16 for time spent in detention before the filing of a
17 violation of probation or conditional discharge
18 alleging the same or related act or acts. The
19 limitation that the minor shall only be placed in a
20 juvenile detention home does not apply as follows:
21 Persons 18 years of age and older who have a
22 petition of delinquency filed against them may be
23 confined in an adult detention facility. In making a
24 determination whether to confine a person 18 years of
25 age or older who has a petition of delinquency filed
26 against the person, these factors, among other

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1 matters, shall be considered:
2 (A) the age of the person;
3 (B) any previous delinquent or criminal
4 history of the person;
5 (C) any previous abuse or neglect history of
6 the person;
7 (D) any mental health history of the person;
8 and
9 (E) any educational history of the person;
10 (vi) ordered partially or completely emancipated
11 in accordance with the provisions of the Emancipation
12 of Minors Act;
13 (vii) subject to having his or her driver's license
14 or driving privileges suspended for such time as
15 determined by the court but only until he or she
16 attains 18 years of age;
17 (viii) put on probation or conditional discharge
18 and placed in detention under Section 3-6039 of the
19 Counties Code for a period not to exceed the period of
20 incarceration permitted by law for adults found guilty
21 of the same offense or offenses for which the minor was
22 adjudicated delinquent, and in any event no longer than
23 upon attainment of age 21; this subdivision (viii)
24 notwithstanding any contrary provision of the law;
25 (ix) ordered to undergo a medical or other
26 procedure to have a tattoo symbolizing allegiance to a

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1 street gang removed from his or her body; or
2 (x) placed in electronic monitoring or home
3 detention under Part 7A of this Article.
4 (b) A minor found to be guilty may be committed to the
5 Department of Juvenile Justice under Section 5-750 if the
6 minor is at least 14 13 years and under 20 years of age,
7 provided that the commitment to the Department of Juvenile
8 Justice shall be made only if the minor was found guilty of
9 a felony offense or first degree murder. The court shall
10 include in the sentencing order any pre-custody credits the
11 minor is entitled to under Section 5-4.5-100 of the Unified
12 Code of Corrections. The time during which a minor is in
13 custody before being released upon the request of a parent,
14 guardian or legal custodian shall also be considered as
15 time spent in custody.
16 (c) When a minor is found to be guilty for an offense
17 which is a violation of the Illinois Controlled Substances
18 Act, the Cannabis Control Act, or the Methamphetamine
19 Control and Community Protection Act and made a ward of the
20 court, the court may enter a disposition order requiring
21 the minor to undergo assessment, counseling or treatment in
22 a substance use disorder treatment program approved by the
23 Department of Human Services.
24 (2) Any sentencing order other than commitment to the
25Department of Juvenile Justice may provide for protective
26supervision under Section 5-725 and may include an order of

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1protection under Section 5-730.
2 (3) Unless the sentencing order expressly so provides, it
3does not operate to close proceedings on the pending petition,
4but is subject to modification until final closing and
5discharge of the proceedings under Section 5-750.
6 (4) In addition to any other sentence, the court may order
7any minor found to be delinquent to make restitution, in
8monetary or non-monetary form, under the terms and conditions
9of Section 5-5-6 of the Unified Code of Corrections, except
10that the "presentencing hearing" referred to in that Section
11shall be the sentencing hearing for purposes of this Section.
12The parent, guardian or legal custodian of the minor may be
13ordered by the court to pay some or all of the restitution on
14the minor's behalf, pursuant to the Parental Responsibility
15Law. The State's Attorney is authorized to act on behalf of any
16victim in seeking restitution in proceedings under this
17Section, up to the maximum amount allowed in Section 5 of the
18Parental Responsibility Law.
19 (5) Any sentencing order where the minor is committed or
20placed in accordance with Section 5-740 shall provide for the
21parents or guardian of the estate of the minor to pay to the
22legal custodian or guardian of the person of the minor such
23sums as are determined by the custodian or guardian of the
24person of the minor as necessary for the minor's needs. The
25payments may not exceed the maximum amounts provided for by
26Section 9.1 of the Children and Family Services Act.

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1 (6) Whenever the sentencing order requires the minor to
2attend school or participate in a program of training, the
3truant officer or designated school official shall regularly
4report to the court if the minor is a chronic or habitual
5truant under Section 26-2a of the School Code. Notwithstanding
6any other provision of this Act, in instances in which
7educational services are to be provided to a minor in a
8residential facility where the minor has been placed by the
9court, costs incurred in the provision of those educational
10services must be allocated based on the requirements of the
11School Code.
12 (7) In no event shall a guilty minor be committed to the
13Department of Juvenile Justice for a period of time in excess
14of that period for which an adult could be committed for the
15same act. The court shall include in the sentencing order a
16limitation on the period of confinement not to exceed the
17maximum period of imprisonment the court could impose under
18Article V of the Unified Code of Corrections.
19 (7.5) In no event shall a guilty minor be committed to the
20Department of Juvenile Justice or placed in detention when the
21act for which the minor was adjudicated delinquent would not be
22illegal if committed by an adult.
23 (7.6) In no event shall a guilty minor be committed to the
24Department of Juvenile Justice for an offense which is a Class
254 felony under Section 19-4 (criminal trespass to a residence),
2621-1 (criminal damage to property), 21-1.01 (criminal damage to

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1government supported property), 21-1.3 (criminal defacement of
2property), 26-1 (disorderly conduct), or 31-4 (obstructing
3justice) of the Criminal Code of 2012.
4 (7.75) In no event shall a guilty minor be committed to the
5Department of Juvenile Justice for an offense that is a Class 3
6or Class 4 felony violation of the Illinois Controlled
7Substances Act unless the commitment occurs upon a third or
8subsequent judicial finding of a violation of probation for
9substantial noncompliance with court-ordered treatment or
10programming.
11 (8) A minor found to be guilty for reasons that include a
12violation of Section 21-1.3 of the Criminal Code of 1961 or the
13Criminal Code of 2012 shall be ordered to perform community
14service for not less than 30 and not more than 120 hours, if
15community service is available in the jurisdiction. The
16community service shall include, but need not be limited to,
17the cleanup and repair of the damage that was caused by the
18violation or similar damage to property located in the
19municipality or county in which the violation occurred. The
20order may be in addition to any other order authorized by this
21Section.
22 (8.5) A minor found to be guilty for reasons that include a
23violation of Section 3.02 or Section 3.03 of the Humane Care
24for Animals Act or paragraph (d) of subsection (1) of Section
2521-1 of the Criminal Code of 1961 or paragraph (4) of
26subsection (a) of Section 21-1 of the Criminal Code of 2012

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1shall be ordered to undergo medical or psychiatric treatment
2rendered by a psychiatrist or psychological treatment rendered
3by a clinical psychologist. The order may be in addition to any
4other order authorized by this Section.
5 (9) In addition to any other sentencing order, the court
6shall order any minor found to be guilty for an act which would
7constitute, predatory criminal sexual assault of a child,
8aggravated criminal sexual assault, criminal sexual assault,
9aggravated criminal sexual abuse, or criminal sexual abuse if
10committed by an adult to undergo medical testing to determine
11whether the defendant has any sexually transmissible disease
12including a test for infection with human immunodeficiency
13virus (HIV) or any other identified causative agency of
14acquired immunodeficiency syndrome (AIDS). Any medical test
15shall be performed only by appropriately licensed medical
16practitioners and may include an analysis of any bodily fluids
17as well as an examination of the minor's person. Except as
18otherwise provided by law, the results of the test shall be
19kept strictly confidential by all medical personnel involved in
20the testing and must be personally delivered in a sealed
21envelope to the judge of the court in which the sentencing
22order was entered for the judge's inspection in camera. Acting
23in accordance with the best interests of the victim and the
24public, the judge shall have the discretion to determine to
25whom the results of the testing may be revealed. The court
26shall notify the minor of the results of the test for infection

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1with the human immunodeficiency virus (HIV). The court shall
2also notify the victim if requested by the victim, and if the
3victim is under the age of 15 and if requested by the victim's
4parents or legal guardian, the court shall notify the victim's
5parents or the legal guardian, of the results of the test for
6infection with the human immunodeficiency virus (HIV). The
7court shall provide information on the availability of HIV
8testing and counseling at the Department of Public Health
9facilities to all parties to whom the results of the testing
10are revealed. The court shall order that the cost of any test
11shall be paid by the county and may be taxed as costs against
12the minor.
13 (10) When a court finds a minor to be guilty the court
14shall, before entering a sentencing order under this Section,
15make a finding whether the offense committed either: (a) was
16related to or in furtherance of the criminal activities of an
17organized gang or was motivated by the minor's membership in or
18allegiance to an organized gang, or (b) involved a violation of
19subsection (a) of Section 12-7.1 of the Criminal Code of 1961
20or the Criminal Code of 2012, a violation of any Section of
21Article 24 of the Criminal Code of 1961 or the Criminal Code of
222012, or a violation of any statute that involved the wrongful
23use of a firearm. If the court determines the question in the
24affirmative, and the court does not commit the minor to the
25Department of Juvenile Justice, the court shall order the minor
26to perform community service for not less than 30 hours nor

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1more than 120 hours, provided that community service is
2available in the jurisdiction and is funded and approved by the
3county board of the county where the offense was committed. The
4community service shall include, but need not be limited to,
5the cleanup and repair of any damage caused by a violation of
6Section 21-1.3 of the Criminal Code of 1961 or the Criminal
7Code of 2012 and similar damage to property located in the
8municipality or county in which the violation occurred. When
9possible and reasonable, the community service shall be
10performed in the minor's neighborhood. This order shall be in
11addition to any other order authorized by this Section except
12for an order to place the minor in the custody of the
13Department of Juvenile Justice. For the purposes of this
14Section, "organized gang" has the meaning ascribed to it in
15Section 10 of the Illinois Streetgang Terrorism Omnibus
16Prevention Act.
17 (11) If the court determines that the offense was committed
18in furtherance of the criminal activities of an organized gang,
19as provided in subsection (10), and that the offense involved
20the operation or use of a motor vehicle or the use of a
21driver's license or permit, the court shall notify the
22Secretary of State of that determination and of the period for
23which the minor shall be denied driving privileges. If, at the
24time of the determination, the minor does not hold a driver's
25license or permit, the court shall provide that the minor shall
26not be issued a driver's license or permit until his or her

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118th birthday. If the minor holds a driver's license or permit
2at the time of the determination, the court shall provide that
3the minor's driver's license or permit shall be revoked until
4his or her 21st birthday, or until a later date or occurrence
5determined by the court. If the minor holds a driver's license
6at the time of the determination, the court may direct the
7Secretary of State to issue the minor a judicial driving
8permit, also known as a JDP. The JDP shall be subject to the
9same terms as a JDP issued under Section 6-206.1 of the
10Illinois Vehicle Code, except that the court may direct that
11the JDP be effective immediately.
12 (12) If a minor is found to be guilty of a violation of
13subsection (a-7) of Section 1 of the Prevention of Tobacco Use
14by Minors Act, the court may, in its discretion, and upon
15recommendation by the State's Attorney, order that minor and
16his or her parents or legal guardian to attend a smoker's
17education or youth diversion program as defined in that Act if
18that program is available in the jurisdiction where the
19offender resides. Attendance at a smoker's education or youth
20diversion program shall be time-credited against any community
21service time imposed for any first violation of subsection
22(a-7) of Section 1 of that Act. In addition to any other
23penalty that the court may impose for a violation of subsection
24(a-7) of Section 1 of that Act, the court, upon request by the
25State's Attorney, may in its discretion require the offender to
26remit a fee for his or her attendance at a smoker's education

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1or youth diversion program.
2 For purposes of this Section, "smoker's education program"
3or "youth diversion program" includes, but is not limited to, a
4seminar designed to educate a person on the physical and
5psychological effects of smoking tobacco products and the
6health consequences of smoking tobacco products that can be
7conducted with a locality's youth diversion program.
8 In addition to any other penalty that the court may impose
9under this subsection (12):
10 (a) If a minor violates subsection (a-7) of Section 1
11 of the Prevention of Tobacco Use by Minors Act, the court
12 may impose a sentence of 15 hours of community service or a
13 fine of $25 for a first violation.
14 (b) A second violation by a minor of subsection (a-7)
15 of Section 1 of that Act that occurs within 12 months after
16 the first violation is punishable by a fine of $50 and 25
17 hours of community service.
18 (c) A third or subsequent violation by a minor of
19 subsection (a-7) of Section 1 of that Act that occurs
20 within 12 months after the first violation is punishable by
21 a $100 fine and 30 hours of community service.
22 (d) Any second or subsequent violation not within the
23 12-month time period after the first violation is
24 punishable as provided for a first violation.
25(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
26eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;

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1100-759, eff. 1-1-19.)
2 (705 ILCS 405/5-750)
3 Sec. 5-750. Commitment to the Department of Juvenile
4Justice.
5 (1) Except as provided in subsection (2) of this Section,
6when any delinquent has been adjudged a ward of the court under
7this Act, the court may commit him or her to the Department of
8Juvenile Justice, if it finds that (a) his or her parents,
9guardian or legal custodian are unfit or are unable, for some
10reason other than financial circumstances alone, to care for,
11protect, train or discipline the minor, or are unwilling to do
12so, and the best interests of the minor and the public will not
13be served by placement under Section 5-740, or it is necessary
14to ensure the protection of the public from the consequences of
15criminal activity of the delinquent; and (b) commitment to the
16Department of Juvenile Justice is the least restrictive
17alternative based on evidence that efforts were made to locate
18less restrictive alternatives to secure confinement and the
19reasons why efforts were unsuccessful in locating a less
20restrictive alternative to secure confinement. Before the
21court commits a minor to the Department of Juvenile Justice, it
22shall make a finding that secure confinement is necessary,
23following a review of the following individualized factors:
24 (A) Age of the minor.
25 (B) Criminal background of the minor.

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1 (C) Review of results of any assessments of the minor,
2 including child centered assessments such as the CANS.
3 (D) Educational background of the minor, indicating
4 whether the minor has ever been assessed for a learning
5 disability, and if so what services were provided as well
6 as any disciplinary incidents at school.
7 (E) Physical, mental and emotional health of the minor,
8 indicating whether the minor has ever been diagnosed with a
9 health issue and if so what services were provided and
10 whether the minor was compliant with services.
11 (F) Community based services that have been provided to
12 the minor, and whether the minor was compliant with the
13 services, and the reason the services were unsuccessful.
14 (G) Services within the Department of Juvenile Justice
15 that will meet the individualized needs of the minor.
16 (1.5) Before the court commits a minor to the Department of
17Juvenile Justice, the court must find reasonable efforts have
18been made to prevent or eliminate the need for the minor to be
19removed from the home, or reasonable efforts cannot, at this
20time, for good cause, prevent or eliminate the need for
21removal, and removal from home is in the best interests of the
22minor, the minor's family, and the public.
23 (2) When a minor of the age of at least 14 13 years is
24adjudged delinquent for the offense of first degree murder, the
25court shall declare the minor a ward of the court and order the
26minor committed to the Department of Juvenile Justice until the

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1minor's 21st birthday, without the possibility of aftercare
2release, furlough, or non-emergency authorized absence for a
3period of 5 years from the date the minor was committed to the
4Department of Juvenile Justice, except that the time that a
5minor spent in custody for the instant offense before being
6committed to the Department of Juvenile Justice shall be
7considered as time credited towards that 5 year period. Upon
8release from a Department facility, a minor adjudged delinquent
9for first degree murder shall be placed on aftercare release
10until the age of 21, unless sooner discharged from aftercare
11release or custodianship is otherwise terminated in accordance
12with this Act or as otherwise provided for by law. Nothing in
13this subsection (2) shall preclude the State's Attorney from
14seeking to prosecute a minor as an adult as an alternative to
15proceeding under this Act.
16 (3) Except as provided in subsection (2), the commitment of
17a delinquent to the Department of Juvenile Justice shall be for
18an indeterminate term which shall automatically terminate upon
19the delinquent attaining the age of 21 years or upon completion
20of that period for which an adult could be committed for the
21same act, whichever occurs sooner, unless the delinquent is
22sooner discharged from aftercare release or custodianship is
23otherwise terminated in accordance with this Act or as
24otherwise provided for by law.
25 (3.5) Every delinquent minor committed to the Department of
26Juvenile Justice under this Act shall be eligible for aftercare

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1release without regard to the length of time the minor has been
2confined or whether the minor has served any minimum term
3imposed. Aftercare release shall be administered by the
4Department of Juvenile Justice, under the direction of the
5Director. Unless sooner discharged, the Department of Juvenile
6Justice shall discharge a minor from aftercare release upon
7completion of the following aftercare release terms:
8 (a) One and a half years from the date a minor is
9 released from a Department facility, if the minor was
10 committed for a Class X felony;
11 (b) One year from the date a minor is released from a
12 Department facility, if the minor was committed for a Class
13 1 or 2 felony; and
14 (c) Six months from the date a minor is released from a
15 Department facility, if the minor was committed for a Class
16 3 felony or lesser offense.
17 (4) When the court commits a minor to the Department of
18Juvenile Justice, it shall order him or her conveyed forthwith
19to the appropriate reception station or other place designated
20by the Department of Juvenile Justice, and shall appoint the
21Director of Juvenile Justice legal custodian of the minor. The
22clerk of the court shall issue to the Director of Juvenile
23Justice a certified copy of the order, which constitutes proof
24of the Director's authority. No other process need issue to
25warrant the keeping of the minor.
26 (5) If a minor is committed to the Department of Juvenile

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1Justice, the clerk of the court shall forward to the
2Department:
3 (a) the sentencing order and copies of committing
4 petition;
5 (b) all reports;
6 (c) the court's statement of the basis for ordering the
7 disposition;
8 (d) any sex offender evaluations;
9 (e) any risk assessment or substance abuse treatment
10 eligibility screening and assessment of the minor by an
11 agent designated by the State to provide assessment
12 services for the courts;
13 (f) the number of days, if any, which the minor has
14 been in custody and for which he or she is entitled to
15 credit against the sentence, which information shall be
16 provided to the clerk by the sheriff;
17 (g) any medical or mental health records or summaries
18 of the minor;
19 (h) the municipality where the arrest of the minor
20 occurred, the commission of the offense occurred, and the
21 minor resided at the time of commission;
22 (h-5) a report detailing the minor's criminal history
23 in a manner and form prescribed by the Department of
24 Juvenile Justice; and
25 (i) all additional matters which the court directs the
26 clerk to transmit.

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1 (6) Whenever the Department of Juvenile Justice lawfully
2discharges from its custody and control a minor committed to
3it, the Director of Juvenile Justice shall petition the court
4for an order terminating his or her custodianship. The
5custodianship shall terminate automatically 30 days after
6receipt of the petition unless the court orders otherwise.
7 (7) If, while on aftercare release, a minor committed to
8the Department of Juvenile Justice is charged under the
9criminal laws of this State with an offense that could result
10in a sentence of imprisonment within the Department of
11Corrections, the commitment to the Department of Juvenile
12Justice and all rights and duties created by that commitment
13are automatically suspended pending final disposition of the
14criminal charge. If the minor is found guilty of the criminal
15charge and sentenced to a term of imprisonment in the
16penitentiary system of the Department of Corrections, the
17commitment to the Department of Juvenile Justice shall be
18automatically terminated. If the criminal charge is dismissed,
19the minor is found not guilty, or the minor completes a
20criminal sentence other than imprisonment within the
21Department of Corrections, the previously imposed commitment
22to the Department of Juvenile Justice and the full aftercare
23release term shall be automatically reinstated unless
24custodianship is sooner terminated. Nothing in this subsection
25(7) shall preclude the court from ordering another sentence
26under Section 5-710 of this Act or from terminating the

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1Department's custodianship while the commitment to the
2Department is suspended.
3(Source: P.A. 99-268, eff. 1-1-16; 100-765, eff. 8-10-18.)
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