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HB5853 Engrossed |
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LRB096 18818 RLC 36074 b |
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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 |
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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 Juvenile |
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| Justice.
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| (1) Except as provided in subsections subsection (2) and |
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| (2.5) of this Section, when any
delinquent has been adjudged a |
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| ward of the court under this Act, the court may
commit him or |
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| her to the Department of Juvenile Justice, if it
finds
that (a) |
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| his or her parents, guardian or legal custodian are unfit or |
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| are
unable, for
some reason other than financial circumstances |
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| alone, to care for, protect,
train or discipline the minor, or |
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| are unwilling to do so,
and the best interests of the minor and
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| the public will not be served by placement under Section 5-740
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| or; (b) it is
necessary to ensure the protection of the public |
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| from 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
Juvenile Justice until the |
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HB5853 Engrossed |
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LRB096 18818 RLC 36074 b |
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| minor's 21st birthday, without the
possibility of parole, |
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| furlough, or non-emergency authorized absence for a
period of 5 |
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| years from the date the minor was committed to the Department |
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| of
Juvenile Justice, except that the time that a minor spent in |
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| custody for the instant
offense before being committed to the |
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| Department of Juvenile Justice shall be considered as time
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| credited towards that 5 year period. Nothing in this subsection |
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| (2) shall
preclude the State's Attorney from seeking to |
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| prosecute a minor as an adult as
an alternative to proceeding |
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| under this Act.
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| (2.5) The court may not commit to the Department of |
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| Juvenile Justice a delinquent who has been adjudged a ward of |
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| the court under this Act for an act that if committed by an |
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| adult would be a misdemeanor. If a minor has been adjudged a |
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| ward of the court under this Act for an act that if committed |
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| by an adult would be a Class 4 or Class 3 felony, the court |
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| shall, in addition to the factors and review in Section 5-750 |
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| and elsewhere in this Act, evaluate whether the best interests |
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| of the minor and the public will be served by placing the minor |
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| in a community based alternative program instead of commitment |
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| to the Department of Juvenile Justice. |
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| (3) Except as provided in subsection (2), the commitment of |
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| a
delinquent to the Department of Juvenile Justice shall be for |
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| an 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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HB5853 Engrossed |
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LRB096 18818 RLC 36074 b |
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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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| Juvenile Justice, it
shall order him or her conveyed forthwith |
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| to the appropriate reception station
or
other place designated |
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| by the Department of Juvenile Justice, and shall appoint the
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| Director of Juvenile Justice legal custodian of the
minor. The |
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| clerk of the court shall issue to the
Director of Juvenile |
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| Justice a certified copy of the order,
which constitutes proof |
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| 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 |
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| Justice, the clerk of the court shall forward to the |
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| 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 Juvenile Justice lawfully |
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| discharges from its
custody and
control a minor committed to |
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| it, the Director of Juvenile Justice shall petition the court |
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| for an order terminating his or her
custodianship. The |
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| custodianship shall terminate automatically 30 days after
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| receipt of the petition unless the court orders otherwise.
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