93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2637


 
Introduced 2/4/2004, by Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		














705 ILCS 405/5-750









    Amends the Juvenile Court Act of 1987.  Provides that the court may not appoint the Department of Corrections to be the legal guardian of any minor committed to the Department of Corrections.



















LRB093 18582 RLC 44304 b




















 


 


A BILL FOR









 














SB2637

LRB093 18582 RLC 44304 b









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    AN ACT concerning minors.

 
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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 
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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 Corrections, 
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Juvenile
Division.

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    (1) Except as provided in subsection (2) of this Section, 
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when any
delinquent has been adjudged a ward of the court under 
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this Act, the court may
commit him or her to the Department of 
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Corrections, Juvenile Division, if it
finds
that (a) his or her 
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parents, guardian or legal custodian are unfit or are
unable, 
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for
some reason other than financial circumstances alone, to 
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care for, protect,
train or discipline the minor, or are 
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unwilling to do so,
and the best interests of the minor and
the 
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public will not be served by placement under Section 5-740
 or; 
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(b) it is
necessary to ensure the protection of the public from 
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the consequences of
criminal activity of the delinquent.

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    (2) When a minor of the age of at least 13 years is 
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adjudged delinquent
for the offense of first degree murder, the 
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court shall declare the minor a
ward of the court and order the 
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minor committed to the Department of
Corrections, Juvenile 
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Division, until the minor's 21st birthday, without the

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possibility of parole, furlough, or non-emergency authorized 
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absence for a
period of 5 years from the date the minor was 
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committed to the Department of
Corrections, except that the 
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time that a minor spent in custody for the instant
offense 
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before being committed to the Department shall be considered as 
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time
credited towards that 5 year period.  Nothing in this 
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subsection (2) shall
preclude the State's Attorney from seeking 
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to prosecute a minor as an adult as
an alternative to 
 


 









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proceeding under this Act.

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    (3) Except as provided in subsection (2), the commitment of 
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a
delinquent to the Department of Corrections shall be for an 
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indeterminate term
which shall automatically terminate upon 
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the delinquent attaining the age of 21
years unless the 
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delinquent is sooner discharged from parole or custodianship
is 
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otherwise terminated in accordance with this Act or as 
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otherwise provided
for by law.

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    (4) When the court commits a minor to the Department of 
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Corrections, it
shall order him or her conveyed forthwith to 
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the appropriate reception station
or
other place designated by 
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the Department of Corrections, and shall appoint the
Assistant 
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Director of Corrections, Juvenile Division, legal custodian of 
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the
minor. The court may not appoint the Department of 
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Corrections to be the legal guardian of any minor committed to 
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the Department of Corrections.  The clerk of the court shall 
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issue to the Assistant
Director of Corrections, Juvenile 
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Division, a certified copy of the order,
which constitutes 
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proof of the Director's authority.  No other process need
issue 
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to
warrant the keeping of the minor.

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


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        (a) the disposition ordered;


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        (b) all reports;


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


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        (d) all additional matters which the court directs the 
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    clerk to transmit.

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    (6) Whenever the Department of Corrections lawfully 
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discharges from its
custody and
control a minor committed to 
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it, the Assistant Director of Corrections,
Juvenile Division, 
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shall petition the court for an order terminating his or her

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custodianship.  The custodianship shall terminate automatically 
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30 days after
receipt of the petition unless the court orders 
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otherwise.

 


 









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(Source: P.A. 90-590, eff. 1-1-99.)