Illinois-2019-SB0202-Introduced

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,

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 of

19 criminal activity of the delinquent; and (b) commitment to the

20 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, it

3 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 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

23 Juvenile Justice, the court must find reasonable efforts have

24 been made to prevent or eliminate the need for the minor to be

25 removed from the home, or reasonable efforts cannot, at this

26 time, for good cause, prevent or eliminate the need for

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1 removal, and removal from home is in the best interests of the

2 minor, the minor's family, and the public.

3 (2) When a minor of the age of at least 13 years is

4 adjudged delinquent for the offense of: (i) first degree

5 murder; (ii) attempted first degree murder; or (iii) any

6 offense involving a use or discharge of a firearm upon school

7 grounds or any part of a building or grounds used for school

8 purposes, including any conveyance owned, leased, or

9 contracted by a school to transport students to or from school

10 or a school related activity that results in bodily injury or

11 death to any person, the court shall declare the minor a ward

12 of the court and order the minor committed to the Department of

13 Juvenile Justice until the minor's 21st birthday, without the

14 possibility of aftercare release, furlough, or non-emergency

15 authorized absence for a period of 5 years from the date the

16 minor was committed to the Department of Juvenile Justice,

17 except that the time that a minor spent in custody for the

18 instant offense before being committed to the Department of

19 Juvenile Justice shall be considered as time credited towards

20 that 5 year period. Upon release from a Department facility, a

21 minor adjudged delinquent for first degree murder shall be

22 placed on aftercare release until the age of 21, unless sooner

23 discharged from aftercare release or custodianship is

24 otherwise terminated in accordance with this Act or as

25 otherwise provided for by law. Nothing in this subsection (2)

26 shall preclude the State's Attorney from seeking to prosecute a

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1 minor as an adult as an alternative to proceeding under this

2 Act.

3 (3) Except as provided in subsection (2), the commitment of

4 a delinquent to the Department of Juvenile Justice shall be for

5 an indeterminate term which shall automatically terminate upon

6 the delinquent attaining the age of 21 years or upon completion

7 of that period for which an adult could be committed for the

8 same act, whichever occurs sooner, unless the delinquent is

9 sooner discharged from aftercare release or custodianship is

10 otherwise terminated in accordance with this Act or as

11 otherwise provided for by law.

12 (3.5) Every delinquent minor committed to the Department of

13 Juvenile Justice under this Act shall be eligible for aftercare

14 release without regard to the length of time the minor has been

15 confined or whether the minor has served any minimum term

16 imposed. Aftercare release shall be administered by the

17 Department of Juvenile Justice, under the direction of the

18 Director. Unless sooner discharged, the Department of Juvenile

19 Justice shall discharge a minor from aftercare release upon

20 completion 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

5 Juvenile Justice, it shall order him or her conveyed forthwith

6 to the appropriate reception station or other place designated

7 by the Department of Juvenile Justice, and shall appoint the

8 Director of Juvenile Justice legal custodian of the minor. The

9 clerk of the court shall issue to the Director of Juvenile

10 Justice a certified copy of the order, which constitutes proof

11 of the Director's authority. No other process need issue to

12 warrant the keeping of the minor.

13 (5) If a minor is committed to the Department of Juvenile

14 Justice, the clerk of the court shall forward to the

15 Department:

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

15 discharges from its custody and control a minor committed to

16 it, the Director of Juvenile Justice shall petition the court

17 for an order terminating his or her custodianship. The

18 custodianship shall terminate automatically 30 days after

19 receipt of the petition unless the court orders otherwise.

20 (7) If, while on aftercare release, a minor committed to

21 the Department of Juvenile Justice is charged under the

22 criminal laws of this State with an offense that could result

23 in a sentence of imprisonment within the Department of

24 Corrections, the commitment to the Department of Juvenile

25 Justice and all rights and duties created by that commitment

26 are automatically suspended pending final disposition of the

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1 criminal charge. If the minor is found guilty of the criminal

2 charge and sentenced to a term of imprisonment in the

3 penitentiary system of the Department of Corrections, the

4 commitment to the Department of Juvenile Justice shall be

5 automatically terminated. If the criminal charge is dismissed,

6 the minor is found not guilty, or the minor completes a

7 criminal sentence other than imprisonment within the

8 Department of Corrections, the previously imposed commitment

9 to the Department of Juvenile Justice and the full aftercare

10 release term shall be automatically reinstated unless

11 custodianship is sooner terminated. Nothing in this subsection

12 (7) shall preclude the court from ordering another sentence

13 under Section 5-710 of this Act or from terminating the

14 Department's custodianship while the commitment to the

15 Department is suspended.

16 (Source: P.A. 99-268, eff. 1-1-16; 100-765, eff. 8-10-18.)