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1 | AN ACT concerning juveniles.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Sections 5-105 and 5-120 and by adding Section 5-121 | ||||||
6 | as follows:
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7 | (705 ILCS 405/5-105)
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8 | Sec. 5-105. Definitions. As used in this Article:
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9 | (1) "Court" means the circuit court in a session or | ||||||
10 | division
assigned to hear proceedings under this Act, and | ||||||
11 | includes the term Juvenile
Court.
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12 | (2) "Community service" means uncompensated labor for a | ||||||
13 | community service
agency as hereinafter defined.
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14 | (2.5) "Community service agency" means a not-for-profit | ||||||
15 | organization,
community
organization, church, charitable | ||||||
16 | organization, individual, public office,
or other public body | ||||||
17 | whose purpose is to enhance
the physical or mental health of a | ||||||
18 | delinquent minor or to rehabilitate the
minor, or to improve | ||||||
19 | the environmental quality or social welfare of the
community | ||||||
20 | which agrees to accept community service from juvenile | ||||||
21 | delinquents
and to report on the progress of the community | ||||||
22 | service to the State's
Attorney pursuant to an agreement or to | ||||||
23 | the court or to any agency designated
by the court or to the |
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1 | authorized diversion program that has referred the
delinquent | ||||||
2 | minor for community service.
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3 | (3) "Delinquent minor" means any minor who prior to his or | ||||||
4 | her 17th birthday
has
violated or attempted to violate, | ||||||
5 | regardless of where the act occurred, any
federal or State law, | ||||||
6 | county or municipal ordinance , and any minor who prior to his | ||||||
7 | or her 18th birthday has violated or attempted to violate, | ||||||
8 | regardless of where the act occurred, any federal, State, | ||||||
9 | county or municipal law or ordinance classified as a | ||||||
10 | misdemeanor offense .
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11 | (4) "Department" means the Department of Human Services | ||||||
12 | unless specifically
referenced as another department.
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13 | (5) "Detention" means the temporary care of a minor who is | ||||||
14 | alleged to be or
has been adjudicated
delinquent and who | ||||||
15 | requires secure custody for the minor's own
protection or the | ||||||
16 | community's protection in a facility designed to physically
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17 | restrict the minor's movements, pending disposition by the | ||||||
18 | court or
execution of an order of the court for placement or | ||||||
19 | commitment. Design
features that physically restrict movement | ||||||
20 | include, but are not limited to,
locked rooms and the secure | ||||||
21 | handcuffing of a minor to a rail or other
stationary object. In | ||||||
22 | addition, "detention" includes the court ordered
care of an | ||||||
23 | alleged or adjudicated delinquent minor who requires secure
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24 | custody pursuant to Section 5-125 of this Act.
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25 | (6) "Diversion" means the referral of a juvenile, without | ||||||
26 | court
intervention,
into a program that provides services |
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1 | designed to educate the juvenile and
develop a productive and | ||||||
2 | responsible approach to living in the community.
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3 | (7) "Juvenile detention home" means a public facility with | ||||||
4 | specially trained
staff that conforms to the county juvenile | ||||||
5 | detention standards promulgated by
the Department of | ||||||
6 | Corrections.
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7 | (8) "Juvenile justice continuum" means a set of delinquency | ||||||
8 | prevention
programs and services designed for the purpose of | ||||||
9 | preventing or reducing
delinquent acts, including criminal | ||||||
10 | activity by youth gangs, as well as
intervention, | ||||||
11 | rehabilitation, and prevention services targeted at minors who
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12 | have committed delinquent acts,
and minors who have previously | ||||||
13 | been committed to residential treatment programs
for | ||||||
14 | delinquents. The term includes children-in-need-of-services | ||||||
15 | and
families-in-need-of-services programs; aftercare and | ||||||
16 | reentry services;
substance abuse and mental health programs;
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17 | community service programs; community service
work programs; | ||||||
18 | and alternative-dispute resolution programs serving
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19 | youth-at-risk of delinquency and their families, whether | ||||||
20 | offered or delivered
by State or
local governmental entities, | ||||||
21 | public or private for-profit or not-for-profit
organizations, | ||||||
22 | or religious or charitable organizations. This term would also
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23 | encompass any program or service consistent with the purpose of | ||||||
24 | those programs
and services enumerated in this subsection.
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25 | (9) "Juvenile police officer" means a sworn police officer | ||||||
26 | who has completed
a Basic Recruit Training Course, has been |
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1 | assigned to the position of juvenile
police officer by his or | ||||||
2 | her chief law enforcement officer and has completed
the | ||||||
3 | necessary juvenile officers training as prescribed by the | ||||||
4 | Illinois Law
Enforcement Training Standards Board, or in the | ||||||
5 | case of a State police officer,
juvenile officer training | ||||||
6 | approved by the Director of State
Police.
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7 | (10) "Minor" means a person under the age of 21 years | ||||||
8 | subject to this Act.
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9 | (11) "Non-secure custody" means confinement where the | ||||||
10 | minor is not
physically
restricted by being placed in a locked | ||||||
11 | cell or room, by being handcuffed to a
rail or other stationary | ||||||
12 | object, or by other means. Non-secure custody may
include, but | ||||||
13 | is not limited to, electronic monitoring, foster home | ||||||
14 | placement,
home confinement, group home placement, or physical | ||||||
15 | restriction of movement or
activity solely through facility | ||||||
16 | staff.
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17 | (12) "Public or community service" means uncompensated | ||||||
18 | labor for a
not-for-profit organization
or public body whose | ||||||
19 | purpose is to enhance physical or mental stability of the
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20 | offender, environmental quality or the social welfare and which | ||||||
21 | agrees to
accept public or community service from offenders and | ||||||
22 | to report on the progress
of the offender and the public or | ||||||
23 | community service to the court or to the
authorized diversion | ||||||
24 | program that has referred the offender for public or
community
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25 | service.
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26 | (13) "Sentencing hearing" means a hearing to determine |
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1 | whether a minor
should
be adjudged a ward of the court, and to | ||||||
2 | determine what sentence should be
imposed on the minor. It is | ||||||
3 | the intent of the General Assembly that the term
"sentencing | ||||||
4 | hearing" replace the term "dispositional hearing" and be | ||||||
5 | synonymous
with that definition as it was used in the Juvenile | ||||||
6 | Court Act of 1987.
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7 | (14) "Shelter" means the temporary care of a minor in | ||||||
8 | physically
unrestricting facilities pending court disposition | ||||||
9 | or execution of court order
for placement.
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10 | (15) "Site" means a not-for-profit organization, public
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11 | body, church, charitable organization, or individual agreeing | ||||||
12 | to
accept
community service from offenders and to report on the | ||||||
13 | progress of ordered or
required public or community service to | ||||||
14 | the court or to the authorized
diversion program that has | ||||||
15 | referred the offender for public or community
service.
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16 | (16) "Station adjustment" means the informal or formal | ||||||
17 | handling of an
alleged
offender by a juvenile police officer.
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18 | (17) "Trial" means a hearing to determine whether the | ||||||
19 | allegations of a
petition under Section 5-520 that a minor is | ||||||
20 | delinquent are proved beyond a
reasonable doubt. It is the | ||||||
21 | intent of the General Assembly that the term
"trial" replace | ||||||
22 | the term "adjudicatory hearing" and be synonymous with that
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23 | definition as it was used in the Juvenile Court Act of 1987.
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24 | (Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)
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25 | (705 ILCS 405/5-120)
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1 | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||||||
2 | instituted under the provisions of this Article concerning
any | ||||||
3 | minor who prior to the minor's 17th birthday has violated or | ||||||
4 | attempted
to violate, regardless of where the act occurred, any | ||||||
5 | federal or State law or
municipal or county ordinance , and any | ||||||
6 | minor who prior to his or her 18th birthday has violated or | ||||||
7 | attempted to violate, regardless of where the act occurred, any | ||||||
8 | federal, State, county or municipal law or ordinance classified | ||||||
9 | as a misdemeanor offense . If before trial or plea, an | ||||||
10 | information or indictment is filed that includes one or more | ||||||
11 | charges under the criminal laws of this State and additional | ||||||
12 | charges that are classified as misdemeanors that are subject to | ||||||
13 | proceedings under this Act, all of the charges arising out of | ||||||
14 | the same incident shall be prosecuted under the criminal laws | ||||||
15 | of this State. If after trial or plea the court finds that the | ||||||
16 | minor committed an offense that is solely classified as a | ||||||
17 | misdemeanor, the court must proceed under Section 5-705 and | ||||||
18 | 5-710 of this Act. Except as provided in Sections 5-125, 5-130,
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19 | 5-805, and 5-810 of this Article, no minor who was under 17 | ||||||
20 | years of age at the
time of the alleged offense may be | ||||||
21 | prosecuted under the criminal laws of this
State.
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22 | (Source: P.A. 90-590, eff. 1-1-99.)
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23 | (705 ILCS 405/5-121 new) | ||||||
24 | Sec. 5-121. Illinois Juvenile Jurisdiction Task Force. | ||||||
25 | (a) The General Assembly finds that: |
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1 | (1) 37 other states and the District of Columbia, the | ||||||
2 | Federal Government, and nearly every international | ||||||
3 | agreement and country use 18 as the age of juvenile court | ||||||
4 | jurisdiction; and | ||||||
5 | (2) recent research on brain development reveals that | ||||||
6 | the center of the brain that controls reasoning and | ||||||
7 | impulsivity is not fully developed until the early | ||||||
8 | twenties; and | ||||||
9 | (3) trying youth age 17 in the adult court | ||||||
10 | disproportionately impacts African American and Latino | ||||||
11 | youth; and | ||||||
12 | (4) youth age 17 with a prior juvenile record are | ||||||
13 | already commonly tried in the juvenile court upon | ||||||
14 | revocation or parole violations. It is only first time | ||||||
15 | offenders age 17 whose exclusive option is the adult court. | ||||||
16 | (b) (1) Therefore, the Illinois Juvenile Jurisdiction Task | ||||||
17 | Force is hereby created. The mission of the Illinois Juvenile | ||||||
18 | Jurisdiction Task Force is to develop timelines and a funding | ||||||
19 | structure to accommodate the expansion of the jurisdiction of | ||||||
20 | the Illinois Juvenile Court to include youth age 17 under the | ||||||
21 | jurisdiction of this Act. | ||||||
22 | (2) The Illinois Juvenile Jurisdiction Task Force shall | ||||||
23 | consist of the following members: one member appointed by the | ||||||
24 | President of the Senate, one member appointed by the Minority | ||||||
25 | Leader of the Senate, one member appointed by the Speaker of | ||||||
26 | the House, one member appointed by the Minority Leader of the |
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1 | House, one member appointed by the Governor, the Director of | ||||||
2 | the Department of Juvenile Justice or his or her designee, the | ||||||
3 | Director of the Administrative Office of Illinois Courts or his | ||||||
4 | or her designee, the Cook County State's Attorney or his or her | ||||||
5 | designee, the Cook County Public Defender or his or her | ||||||
6 | designee, the Director of the Illinois Appellate Prosecutor's | ||||||
7 | Association or his or her designee, the State Appellate | ||||||
8 | Defender or his or her designee, one member appointed by the | ||||||
9 | Governor who is a county board official, and one member | ||||||
10 | appointed by the Governor who is an Illinois citizen with | ||||||
11 | expertise in juvenile justice. | ||||||
12 | (3) The Task Force shall appoint a chairperson from among | ||||||
13 | its members. If a vacancy occurs in the Task Force membership, | ||||||
14 | the vacancy shall be filled in the same manner as the initial | ||||||
15 | appointment. | ||||||
16 | (4) Members of the Illinois Juvenile Jurisdiction Task | ||||||
17 | Force shall serve without compensation. | ||||||
18 | (5) The Illinois Juvenile Jurisdiction Task Force may begin | ||||||
19 | to conduct business upon the appointment of a majority of its | ||||||
20 | members. | ||||||
21 | (6) The Task Force shall submit a report by January 1, 2008 | ||||||
22 | to the General Assembly with recommendations on extending | ||||||
23 | juvenile court jurisdiction to youth age 17 charged with Class | ||||||
24 | 4 and Class 3 felonies. The Task Force shall submit a report by | ||||||
25 | January 1, 2009 to the General Assembly with recommendations on | ||||||
26 | extending juvenile court jurisdiction to youth age 17 charged |
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1 | with all remaining felony classifications.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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