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Public Act 100-0765 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-750 as follows:
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(705 ILCS 405/5-750)
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Sec. 5-750. Commitment to the Department of Juvenile | ||||
Justice. | ||||
(1) Except as provided in subsection (2) of this Section, | ||||
when any
delinquent has been adjudged a ward of the court under | ||||
this Act, the court may
commit him or her to the Department of | ||||
Juvenile Justice, if it
finds
that (a) his or her parents, | ||||
guardian or legal custodian are unfit or are
unable, for
some | ||||
reason other than financial circumstances alone, to care for, | ||||
protect,
train or discipline the minor, or are unwilling to do | ||||
so,
and the best interests of the minor and
the public will not | ||||
be served by placement under Section 5-740,
or it is
necessary | ||||
to ensure the protection of the public from the consequences of
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criminal activity of the delinquent; and (b)
commitment to the | ||||
Department of Juvenile Justice is the least
restrictive | ||||
alternative based on evidence that efforts were
made to locate | ||||
less restrictive alternatives to secure
confinement and the | ||||
reasons why efforts were unsuccessful in
locating a less |
restrictive alternative to secure confinement. Before the | ||
court commits a minor to the Department of Juvenile Justice, it | ||
shall make a finding that secure confinement is necessary,
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following a review of the following individualized factors: | ||
(A) Age of the minor. | ||
(B) Criminal background of the minor. | ||
(C) Review of results of any assessments of the minor,
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including child centered assessments such as the CANS. | ||
(D) Educational background of the minor, indicating
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whether the minor has ever been assessed for a learning
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disability, and if so what services were provided as well | ||
as any disciplinary incidents at school. | ||
(E) Physical, mental and emotional health of the minor,
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indicating whether the minor has ever been diagnosed with a
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health issue and if so what services were provided and | ||
whether the minor was compliant with services. | ||
(F) Community based services that have been provided to
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the minor, and whether the minor was compliant with the | ||
services, and the reason the services were unsuccessful. | ||
(G) Services within the Department of Juvenile Justice
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that will meet the individualized needs of the minor.
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(1.5) Before the court commits a minor to the Department of | ||
Juvenile Justice, the court must find reasonable efforts have | ||
been made to prevent or eliminate the need for the minor to be | ||
removed from the home, or reasonable efforts cannot, at this | ||
time, for good cause, prevent or eliminate the need for |
removal, and removal from home is in the best interests of the | ||
minor, the minor's family, and the public. | ||
(2) When a minor of the age of at least 13 years is | ||
adjudged delinquent
for the offense of 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
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period of 5 years from the date the minor was committed to the | ||
Department of
Juvenile Justice, except that the time that a | ||
minor spent in custody for the instant
offense before being | ||
committed to the Department of Juvenile Justice shall be | ||
considered as time
credited towards that 5 year period. Upon | ||
release from a Department facility, a minor adjudged delinquent | ||
for first degree murder shall be placed on aftercare release | ||
until the age of 21, unless sooner discharged from aftercare | ||
release or custodianship is otherwise terminated in accordance | ||
with this Act or as otherwise provided for by law. Nothing in | ||
this subsection (2) shall
preclude the State's Attorney from | ||
seeking to prosecute a minor as an adult as
an alternative to | ||
proceeding under this Act.
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(3) Except as provided in subsection (2), the commitment of | ||
a
delinquent to the Department of Juvenile Justice shall be for | ||
an indeterminate term
which shall automatically terminate upon | ||
the delinquent attaining the age of 21
years or upon completion | ||
of that period for which an adult could be committed for the |
same act, whichever occurs sooner, unless the delinquent is | ||
sooner discharged from aftercare release or custodianship
is | ||
otherwise terminated in accordance with this Act or as | ||
otherwise provided
for by law.
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(3.5) Every delinquent minor committed to the Department of | ||
Juvenile Justice under this Act shall be eligible for aftercare | ||
release without regard to the length of time the minor has been | ||
confined or whether the minor has served any minimum term | ||
imposed. Aftercare release shall be administered by the | ||
Department of Juvenile Justice, under the direction of the | ||
Director. Unless sooner discharged, the Department of Juvenile | ||
Justice shall discharge a minor from aftercare release upon | ||
completion of the following aftercare release terms: | ||
(a) One and a half years from the date a minor is | ||
released from a Department facility, if the minor was | ||
committed for a Class X felony; | ||
(b) One year from the date a minor is released from a | ||
Department facility, if the minor was committed for a Class | ||
1 or 2 felony; and | ||
(c) Six months from the date a minor is released from a | ||
Department facility, if the minor was committed for a Class | ||
3 felony or lesser offense. | ||
(4) When the court commits a minor to the Department of | ||
Juvenile Justice, it
shall order him or her conveyed forthwith | ||
to the appropriate reception station
or
other place designated | ||
by the Department of Juvenile Justice, and shall appoint the
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Director of Juvenile Justice legal custodian of the
minor. The | ||
clerk of the court shall issue to the
Director of Juvenile | ||
Justice a certified copy of the order,
which constitutes proof | ||
of the Director's authority. No other process need
issue to
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warrant the keeping of the minor.
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(5) If a minor is committed to the Department of Juvenile | ||
Justice, the clerk of the court shall forward to the | ||
Department:
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(a) the sentencing order and copies of committing | ||
petition ;
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(b) all reports;
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(c) the court's statement of the basis for ordering the | ||
disposition;
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(d) any sex offender evaluations; | ||
(e) any risk assessment or substance abuse treatment | ||
eligibility screening and assessment of the minor by an | ||
agent designated by the State to provide assessment | ||
services for the courts; | ||
(f) the number of days, if any, which the minor has | ||
been in custody and for which he or she is entitled to | ||
credit against the sentence, which information shall be | ||
provided to the clerk by the sheriff; | ||
(g) any medical or mental health records or summaries | ||
of the minor; | ||
(h) the municipality where the arrest of the minor | ||
occurred, the commission of the offense occurred, and the |
minor resided at the time of commission; and | ||
(h-5) a report detailing the minor's criminal history | ||
in a manner and form prescribed by the Department of | ||
Juvenile Justice; and | ||
(i) all additional matters which the court directs the | ||
clerk to transmit.
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(6) Whenever the Department of Juvenile Justice lawfully | ||
discharges from its
custody and
control a minor committed to | ||
it, the Director of Juvenile Justice shall petition the court | ||
for an order terminating his or her
custodianship. The | ||
custodianship shall terminate automatically 30 days after
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receipt of the petition unless the court orders otherwise.
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(7) If, while on aftercare release, a minor committed to | ||
the Department of Juvenile Justice is charged under the | ||
criminal laws of this State with an offense that could result | ||
in a sentence of imprisonment within the Department of | ||
Corrections, the commitment to the Department of Juvenile | ||
Justice and all rights and duties created by that commitment | ||
are automatically suspended pending final disposition of the | ||
criminal charge. If the minor is found guilty of the criminal | ||
charge and sentenced to a term of imprisonment in the | ||
penitentiary system of the Department of Corrections, the | ||
commitment to the Department of Juvenile Justice shall be | ||
automatically terminated. If the criminal charge is dismissed, | ||
the minor is found not guilty, or the minor completes a | ||
criminal sentence other than imprisonment within the |
Department of Corrections, the previously imposed commitment | ||
to the Department of Juvenile Justice and the full aftercare | ||
release term shall be automatically reinstated unless | ||
custodianship is sooner terminated. Nothing in this subsection | ||
(7) shall preclude the court from ordering another sentence | ||
under Section 5-710 of this Act or from terminating the | ||
Department's custodianship while the commitment to the | ||
Department is suspended. | ||
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16 .)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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