Bill Text: IL SB0202 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act. Provides that when a minor of the age of at least 13 years is adjudged delinquent for the offense of: (1) attempted first degree murder; or (2) any offense involving a 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-22 - Rule 3-9(a) / Re-referred to Assignments [SB0202 Detail]

Download: Illinois-2019-SB0202-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0202

Introduced 1/31/2019, by Sen. Dale A. Righter

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-750

Amends the Juvenile Court Act. Provides that when a minor of the age of at least 13 years is adjudged delinquent for the offense of: (1) attempted first degree murder; or (2) any offense involving a 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,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-750 as follows:
6 (705 ILCS 405/5-750)
7 Sec. 5-750. Commitment to the Department of Juvenile
8Justice.
9 (1) Except as provided in subsection (2) of this Section,
10when any delinquent has been adjudged a ward of the court under
11this Act, the court may commit him or her to the Department of
12Juvenile Justice, if it finds that (a) his or her parents,
13guardian or legal custodian are unfit or are unable, for some
14reason other than financial circumstances alone, to care for,
15protect, train or discipline the minor, or are unwilling to do
16so, and the best interests of the minor and the public will not
17be served by placement under Section 5-740, or it is necessary
18to ensure the protection of the public from the consequences of
19criminal activity of the delinquent; and (b) commitment to the
20Department of Juvenile Justice is the least restrictive
21alternative based on evidence that efforts were made to locate
22less restrictive alternatives to secure confinement and the
23reasons why efforts were unsuccessful in locating a less

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1restrictive alternative to secure confinement. Before the
2court commits a minor to the Department of Juvenile Justice, it
3shall make a finding that secure confinement is necessary,
4following 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 minor,
14 indicating whether the minor has ever been diagnosed with a
15 health issue and if so what services were provided and
16 whether the minor was compliant with services.
17 (F) Community based services that have been provided to
18 the minor, and whether the minor was compliant with the
19 services, and the reason the services were unsuccessful.
20 (G) Services within the Department of Juvenile Justice
21 that will meet the individualized needs of the minor.
22 (1.5) Before the court commits a minor to the Department of
23Juvenile Justice, the court must find reasonable efforts have
24been made to prevent or eliminate the need for the minor to be
25removed from the home, or reasonable efforts cannot, at this
26time, for good cause, prevent or eliminate the need for

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1removal, and removal from home is in the best interests of the
2minor, the minor's family, and the public.
3 (2) When a minor of the age of at least 13 years is
4adjudged delinquent for the offense of: (i) first degree
5murder; (ii) attempted first degree murder; or (iii) any
6offense involving a use or discharge of a firearm upon school
7grounds or any part of a building or grounds used for school
8purposes, including any conveyance owned, leased, or
9contracted by a school to transport students to or from school
10or a school related activity that results in bodily injury or
11death to any person, the court shall declare the minor a ward
12of the court and order the minor committed to the Department of
13Juvenile Justice until the minor's 21st birthday, without the
14possibility of aftercare release, furlough, or non-emergency
15authorized absence for a period of 5 years from the date the
16minor was committed to the Department of Juvenile Justice,
17except that the time that a minor spent in custody for the
18instant offense before being committed to the Department of
19Juvenile Justice shall be considered as time credited towards
20that 5 year period. Upon release from a Department facility, a
21minor adjudged delinquent for first degree murder shall be
22placed on aftercare release until the age of 21, unless sooner
23discharged from aftercare release or custodianship is
24otherwise terminated in accordance with this Act or as
25otherwise provided for by law. Nothing in this subsection (2)
26shall preclude the State's Attorney from seeking to prosecute a

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1minor as an adult as an alternative to proceeding under this
2Act.
3 (3) Except as provided in subsection (2), the commitment of
4a delinquent to the Department of Juvenile Justice shall be for
5an indeterminate term which shall automatically terminate upon
6the delinquent attaining the age of 21 years or upon completion
7of that period for which an adult could be committed for the
8same act, whichever occurs sooner, unless the delinquent is
9sooner discharged from aftercare release or custodianship is
10otherwise terminated in accordance with this Act or as
11otherwise provided for by law.
12 (3.5) Every delinquent minor committed to the Department of
13Juvenile Justice under this Act shall be eligible for aftercare
14release without regard to the length of time the minor has been
15confined or whether the minor has served any minimum term
16imposed. Aftercare release shall be administered by the
17Department of Juvenile Justice, under the direction of the
18Director. Unless sooner discharged, the Department of Juvenile
19Justice shall discharge a minor from aftercare release upon
20completion of the following aftercare release terms:
21 (a) One and a half years from the date a minor is
22 released from a Department facility, if the minor was
23 committed for a Class X felony;
24 (b) One year from the date a minor is released from a
25 Department facility, if the minor was committed for a Class
26 1 or 2 felony; and

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1 (c) Six months from the date a minor is released from a
2 Department facility, if the minor was committed for a Class
3 3 felony or lesser offense.
4 (4) When the court commits a minor to the Department of
5Juvenile Justice, it shall order him or her conveyed forthwith
6to the appropriate reception station or other place designated
7by the Department of Juvenile Justice, and shall appoint the
8Director of Juvenile Justice legal custodian of the minor. The
9clerk of the court shall issue to the Director of Juvenile
10Justice a certified copy of the order, which constitutes proof
11of the Director's authority. No other process need issue to
12warrant the keeping of the minor.
13 (5) If a minor is committed to the Department of Juvenile
14Justice, the clerk of the court shall forward to the
15Department:
16 (a) the sentencing order and copies of committing
17 petition;
18 (b) all reports;
19 (c) the court's statement of the basis for ordering the
20 disposition;
21 (d) any sex offender evaluations;
22 (e) any risk assessment or substance abuse treatment
23 eligibility screening and assessment of the minor by an
24 agent designated by the State to provide assessment
25 services for the courts;
26 (f) the number of days, if any, which the minor has

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1 been in custody and for which he or she is entitled to
2 credit against the sentence, which information shall be
3 provided to the clerk by the sheriff;
4 (g) any medical or mental health records or summaries
5 of the minor;
6 (h) the municipality where the arrest of the minor
7 occurred, the commission of the offense occurred, and the
8 minor resided at the time of commission;
9 (h-5) a report detailing the minor's criminal history
10 in a manner and form prescribed by the Department of
11 Juvenile Justice; and
12 (i) all additional matters which the court directs the
13 clerk to transmit.
14 (6) Whenever the Department of Juvenile Justice lawfully
15discharges from its custody and control a minor committed to
16it, the Director of Juvenile Justice shall petition the court
17for an order terminating his or her custodianship. The
18custodianship shall terminate automatically 30 days after
19receipt of the petition unless the court orders otherwise.
20 (7) If, while on aftercare release, a minor committed to
21the Department of Juvenile Justice is charged under the
22criminal laws of this State with an offense that could result
23in a sentence of imprisonment within the Department of
24Corrections, the commitment to the Department of Juvenile
25Justice and all rights and duties created by that commitment
26are automatically suspended pending final disposition of the

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1criminal charge. If the minor is found guilty of the criminal
2charge and sentenced to a term of imprisonment in the
3penitentiary system of the Department of Corrections, the
4commitment to the Department of Juvenile Justice shall be
5automatically terminated. If the criminal charge is dismissed,
6the minor is found not guilty, or the minor completes a
7criminal sentence other than imprisonment within the
8Department of Corrections, the previously imposed commitment
9to the Department of Juvenile Justice and the full aftercare
10release term shall be automatically reinstated unless
11custodianship is sooner terminated. Nothing in this subsection
12(7) shall preclude the court from ordering another sentence
13under Section 5-710 of this Act or from terminating the
14Department's custodianship while the commitment to the
15Department is suspended.
16(Source: P.A. 99-268, eff. 1-1-16; 100-765, eff. 8-10-18.)
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