Public Act 100-0765
 
HB5077 EnrolledLRB100 18184 SLF 33382 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 5-750 as follows:
 


    (705 ILCS 405/5-750)


    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

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,

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,
    
    including child centered assessments such as the CANS.
        (D) Educational background of the minor, indicating
    
    whether the minor has ever been assessed for a learning

    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,
    
    indicating whether the minor has ever been diagnosed with a
    
    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
    
    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

    that will meet the individualized needs of the minor.

    (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

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.

    (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.

    (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
 
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

warrant the keeping of the minor.

    (5) If a minor is committed to the Department of Juvenile 
Justice, the clerk of the court shall forward to the 
Department:

        (a) the sentencing order and copies of committing 
    petition;

        (b) all reports;

        (c) the court's statement of the basis for ordering the 
    disposition;

        (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.

    (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

receipt of the petition unless the court orders otherwise.

    (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.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.