101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3854

 

Introduced 2/14/2020, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-901

    Amends the Juvenile Court Act of 1987. Provides that relevant information, reports and records, held by the Department of Juvenile Justice, including social investigation, psychological and medical records, of any juvenile offender, shall be made available to any county juvenile detention facility or any Illinois Probation Department, where the subject juvenile offender formerly was in the custody of the Department of Juvenile Justice, released to mandatory supervision, released to aftercare, or released to juvenile parole, and is subsequently ordered to be held in a county juvenile detention facility, or ordered to be supervised by a county or circuit Probation Department. Effective immediately.


LRB101 20794 RLC 70487 b

 

 

A BILL FOR

 

SB3854LRB101 20794 RLC 70487 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. Findings.
5    The General Assembly finds that an adequate continuum of
6care is necessary to better address the needs of juveniles
7within the court system.
8    The General Assembly finds that the unique partnership of
9State and local services is needed to provide the right
10placements, and the right services for justice-involved
11juveniles.
12    The General Assembly finds that providing information to
13local probation departments in a timely manner will improve
14both services and outcomes for juveniles.
15    Therefore, the General Assembly recommends that
16information to assist juveniles needs to be available while at
17the same time maintaining its confidentiality.
 
18    Section 10. The Juvenile Court Act of 1987 is amended by
19changing Section 5-901 as follows:
 
20    (705 ILCS 405/5-901)
21    Sec. 5-901. Court file.
22    (1) The Court file with respect to proceedings under this

 

 

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1Article shall consist of the petitions, pleadings, victim
2impact statements, process, service of process, orders, writs
3and docket entries reflecting hearings held and judgments and
4decrees entered by the court. The court file shall be kept
5separate from other records of the court.
6        (a) The file, including information identifying the
7    victim or alleged victim of any sex offense, shall be
8    disclosed only to the following parties when necessary for
9    discharge of their official duties:
10            (i) A judge of the circuit court and members of the
11        staff of the court designated by the judge;
12            (ii) Parties to the proceedings and their
13        attorneys;
14            (iii) Victims and their attorneys, except in cases
15        of multiple victims of sex offenses in which case the
16        information identifying the nonrequesting victims
17        shall be redacted;
18            (iv) Probation officers, law enforcement officers
19        or prosecutors or their staff;
20            (v) Adult and juvenile Prisoner Review Boards.
21        (b) The Court file redacted to remove any information
22    identifying the victim or alleged victim of any sex offense
23    shall be disclosed only to the following parties when
24    necessary for discharge of their official duties:
25            (i) Authorized military personnel;
26            (ii) Persons engaged in bona fide research, with

 

 

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1        the permission of the judge of the juvenile court and
2        the chief executive of the agency that prepared the
3        particular recording: provided that publication of
4        such research results in no disclosure of a minor's
5        identity and protects the confidentiality of the
6        record;
7            (iii) The Secretary of State to whom the Clerk of
8        the Court shall report the disposition of all cases, as
9        required in Section 6-204 or Section 6-205.1 of the
10        Illinois Vehicle Code. However, information reported
11        relative to these offenses shall be privileged and
12        available only to the Secretary of State, courts, and
13        police officers;
14            (iv) The administrator of a bonafide substance
15        abuse student assistance program with the permission
16        of the presiding judge of the juvenile court;
17            (v) Any individual, or any public or private agency
18        or institution, having custody of the juvenile under
19        court order or providing educational, medical or
20        mental health services to the juvenile or a
21        court-approved advocate for the juvenile or any
22        placement provider or potential placement provider as
23        determined by the court.
24    (3) A minor who is the victim or alleged victim in a
25juvenile proceeding shall be provided the same confidentiality
26regarding disclosure of identity as the minor who is the

 

 

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1subject of record. Information identifying victims and alleged
2victims of sex offenses, shall not be disclosed or open to
3public inspection under any circumstances. Nothing in this
4Section shall prohibit the victim or alleged victim of any sex
5offense from voluntarily disclosing his or her identity.
6    (4) Relevant information, reports and records shall be made
7available to the Department of Juvenile Justice when a juvenile
8offender has been placed in the custody of the Department of
9Juvenile Justice.
10    (4.5) Relevant information, reports and records, held by
11the Department of Juvenile Justice, including social
12investigation, psychological and medical records, of any
13juvenile offender, shall be made available to any county
14juvenile detention facility or any Illinois Probation
15Department, where the subject juvenile offender formerly was in
16the custody of the Department of Juvenile Justice, released to
17mandatory supervision, released to aftercare, or released to
18juvenile parole, and is subsequently ordered to be held in a
19county juvenile detention facility, or ordered to be supervised
20by a county or circuit Probation Department.
21    (5) Except as otherwise provided in this subsection (5),
22juvenile court records shall not be made available to the
23general public but may be inspected by representatives of
24agencies, associations and news media or other properly
25interested persons by general or special order of the court.
26The State's Attorney, the minor, his or her parents, guardian

 

 

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1and counsel shall at all times have the right to examine court
2files and records.
3        (a) The court shall allow the general public to have
4    access to the name, address, and offense of a minor who is
5    adjudicated a delinquent minor under this Act under either
6    of the following circumstances:
7            (i) The adjudication of delinquency was based upon
8        the minor's commission of first degree murder, attempt
9        to commit first degree murder, aggravated criminal
10        sexual assault, or criminal sexual assault; or
11            (ii) The court has made a finding that the minor
12        was at least 13 years of age at the time the act was
13        committed and the adjudication of delinquency was
14        based upon the minor's commission of: (A) an act in
15        furtherance of the commission of a felony as a member
16        of or on behalf of a criminal street gang, (B) an act
17        involving the use of a firearm in the commission of a
18        felony, (C) an act that would be a Class X felony
19        offense under or the minor's second or subsequent Class
20        2 or greater felony offense under the Cannabis Control
21        Act if committed by an adult, (D) an act that would be
22        a second or subsequent offense under Section 402 of the
23        Illinois Controlled Substances Act if committed by an
24        adult, (E) an act that would be an offense under
25        Section 401 of the Illinois Controlled Substances Act
26        if committed by an adult, or (F) an act that would be

 

 

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1        an offense under the Methamphetamine Control and
2        Community Protection Act if committed by an adult.
3        (b) The court shall allow the general public to have
4    access to the name, address, and offense of a minor who is
5    at least 13 years of age at the time the offense is
6    committed and who is convicted, in criminal proceedings
7    permitted or required under Section 5-805, under either of
8    the following circumstances:
9            (i) The minor has been convicted of first degree
10        murder, attempt to commit first degree murder,
11        aggravated criminal sexual assault, or criminal sexual
12        assault,
13            (ii) The court has made a finding that the minor
14        was at least 13 years of age at the time the offense
15        was committed and the conviction was based upon the
16        minor's commission of: (A) an offense in furtherance of
17        the commission of a felony as a member of or on behalf
18        of a criminal street gang, (B) an offense involving the
19        use of a firearm in the commission of a felony, (C) a
20        Class X felony offense under the Cannabis Control Act
21        or a second or subsequent Class 2 or greater felony
22        offense under the Cannabis Control Act, (D) a second or
23        subsequent offense under Section 402 of the Illinois
24        Controlled Substances Act, (E) an offense under
25        Section 401 of the Illinois Controlled Substances Act,
26        or (F) an offense under the Methamphetamine Control and

 

 

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1        Community Protection Act.
2    (6) Nothing in this Section shall be construed to limit the
3use of a adjudication of delinquency as evidence in any
4juvenile or criminal proceeding, where it would otherwise be
5admissible under the rules of evidence, including but not
6limited to, use as impeachment evidence against any witness,
7including the minor if he or she testifies.
8    (7) Nothing in this Section shall affect the right of a
9Civil Service Commission or appointing authority examining the
10character and fitness of an applicant for a position as a law
11enforcement officer to ascertain whether that applicant was
12ever adjudicated to be a delinquent minor and, if so, to
13examine the records or evidence which were made in proceedings
14under this Act.
15    (8) Following any adjudication of delinquency for a crime
16which would be a felony if committed by an adult, or following
17any adjudication of delinquency for a violation of Section
1824-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
19Criminal Code of 2012, the State's Attorney shall ascertain
20whether the minor respondent is enrolled in school and, if so,
21shall provide a copy of the sentencing order to the principal
22or chief administrative officer of the school. Access to such
23juvenile records shall be limited to the principal or chief
24administrative officer of the school and any guidance counselor
25designated by him or her.
26    (9) Nothing contained in this Act prevents the sharing or

 

 

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1disclosure of information or records relating or pertaining to
2juveniles subject to the provisions of the Serious Habitual
3Offender Comprehensive Action Program when that information is
4used to assist in the early identification and treatment of
5habitual juvenile offenders.
6    (11) The Clerk of the Circuit Court shall report to the
7Department of State Police, in the form and manner required by
8the Department of State Police, the final disposition of each
9minor who has been arrested or taken into custody before his or
10her 18th birthday for those offenses required to be reported
11under Section 5 of the Criminal Identification Act. Information
12reported to the Department under this Section may be maintained
13with records that the Department files under Section 2.1 of the
14Criminal Identification Act.
15    (12) Information or records may be disclosed to the general
16public when the court is conducting hearings under Section
175-805 or 5-810.
18    (13) The changes made to this Section by Public Act 98-61
19apply to juvenile court records of a minor who has been
20arrested or taken into custody on or after January 1, 2014 (the
21effective date of Public Act 98-61).
22(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
2398-756, eff. 7-16-14.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.