Full Text of SB1607 103rd General Assembly
SB1607 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1607 Introduced 2/8/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/5-130 | | 705 ILCS 405/5-410 | |
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Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that, if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act. Provides that a minor who at the time of the offense was at least 16 years of age and who is charged with certain aggravated vehicular hijacking violations or certain armed robbery violations is not subject to the Act and shall be prosecuted under the criminal laws of the State.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 5-130 and 5-410 as follows:
| 6 | | (705 ILCS 405/5-130)
| 7 | | Sec. 5-130. Excluded jurisdiction.
| 8 | | (1)(a) The definition of delinquent minor under Section | 9 | | 5-120 of this
Article shall not apply to any minor who at the | 10 | | time of an offense was at
least 16 years of age and who is | 11 | | charged with: (i) first degree murder, (ii) aggravated
| 12 | | criminal sexual assault, or (iii) aggravated battery with a | 13 | | firearm as described in Section 12-4.2 or subdivision (e)(1), | 14 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05
where the minor | 15 | | personally discharged a firearm as defined in Section 2-15.5 | 16 | | of the Criminal Code of 1961 or the Criminal Code of 2012 , (iv) | 17 | | aggravated vehicular hijacking under paragraph (4), (5), or | 18 | | (6) of subsection (a) of Section 18-4 of the Criminal Code of | 19 | | 2012, or (v) armed robbery under paragraph (2), (3), or (4) of | 20 | | subsection (a) of Section 18-2 of the Criminal Code of 2012 .
| 21 | | These charges and all other charges arising out of the | 22 | | same incident shall
be prosecuted under the criminal laws of | 23 | | this State.
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| 1 | | (b)(i) If before trial or plea an information or | 2 | | indictment is filed that
does not charge an offense specified | 3 | | in paragraph (a) of this subsection
(1) the State's Attorney | 4 | | may proceed on any lesser charge or charges, but
only in | 5 | | Juvenile Court under the provisions of this Article. The | 6 | | State's
Attorney may proceed on a lesser charge if
before | 7 | | trial the minor defendant knowingly and with advice of counsel | 8 | | waives,
in writing, his or her right to have the matter proceed | 9 | | in Juvenile Court.
| 10 | | (ii) If before trial or plea an information or indictment | 11 | | is filed that
includes one or more charges specified in | 12 | | paragraph (a) of this subsection
(1) and
additional charges | 13 | | that are not specified in that paragraph, all of the charges
| 14 | | arising out of the same incident shall be prosecuted under the | 15 | | Criminal Code of
1961 or the Criminal Code of 2012.
| 16 | | (c)(i) If after trial or plea the minor is convicted of any | 17 | | offense
covered by paragraph (a) of this subsection (1), then, | 18 | | in sentencing the minor,
the court shall sentence the minor | 19 | | under Section 5-4.5-105 of the Unified Code of Corrections.
| 20 | | (ii) If after trial or plea the court finds that the minor | 21 | | committed an
offense not covered by paragraph (a) of this | 22 | | subsection (1), that finding shall
not invalidate the verdict | 23 | | or the prosecution of the minor under the criminal
laws of the | 24 | | State; however, unless the State requests a hearing for the
| 25 | | purpose of sentencing the minor under Chapter V of the Unified | 26 | | Code of
Corrections, the Court must proceed under Sections |
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| 1 | | 5-705 and 5-710 of this
Article. To request a hearing, the | 2 | | State must file a written motion within 10
days following the | 3 | | entry of a finding or the return of a verdict. Reasonable
| 4 | | notice of the motion shall be given to the minor or his or her | 5 | | counsel.
If the motion is made by the State, the court shall | 6 | | conduct a hearing to
determine if the minor should be | 7 | | sentenced under Chapter V of the Unified Code
of Corrections. | 8 | | In making its determination, the court shall consider among
| 9 | | other matters: (a) whether there is
evidence that the offense | 10 | | was committed in an aggressive and premeditated
manner; (b) | 11 | | the age of the minor; (c) the previous history of the
minor; | 12 | | (d) whether there are facilities particularly available to the | 13 | | Juvenile
Court or the Department of Juvenile Justice for the | 14 | | treatment
and rehabilitation of the minor; (e) whether
the | 15 | | security of the public requires sentencing under Chapter V of | 16 | | the
Unified Code of Corrections; and (f) whether the minor | 17 | | possessed a deadly
weapon when committing the offense. The | 18 | | rules of evidence shall be the same as
if at trial. If after | 19 | | the hearing the court finds that the minor should be
sentenced | 20 | | under Chapter V of the Unified Code of Corrections, then the | 21 | | court
shall sentence the minor under Section 5-4.5-105 of the | 22 | | Unified Code of Corrections.
| 23 | | (2) (Blank).
| 24 | | (3) (Blank).
| 25 | | (4) (Blank).
| 26 | | (5) (Blank).
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| 1 | | (6) (Blank).
| 2 | | (7) The procedures set out in this Article for the | 3 | | investigation, arrest and
prosecution of juvenile offenders | 4 | | shall not apply to minors who are excluded
from jurisdiction | 5 | | of the Juvenile Court, except that minors under 18 years of
age | 6 | | shall be kept separate from confined adults.
| 7 | | (8) Nothing in this Act prohibits or limits the | 8 | | prosecution of any
minor for an offense committed on or after | 9 | | his or her 18th birthday even though
he or she is at the time | 10 | | of the offense a ward of the court.
| 11 | | (9) If an original petition for adjudication of wardship | 12 | | alleges the
commission by a minor 13 years of age or
over of an | 13 | | act that constitutes a crime under the laws of this State,
the | 14 | | minor, with the consent of his or her counsel, may, at any time | 15 | | before
commencement of the adjudicatory hearing, file with the | 16 | | court a motion
that criminal prosecution be ordered and that | 17 | | the petition be dismissed
insofar as the act or acts involved | 18 | | in the criminal proceedings are
concerned. If such a motion is | 19 | | filed as herein provided, the court shall
enter its order | 20 | | accordingly.
| 21 | | (10) If, prior to August 12, 2005 (the effective date of | 22 | | Public Act 94-574), a minor is charged with a violation of | 23 | | Section 401 of the Illinois Controlled Substances Act under | 24 | | the criminal laws of this State, other than a minor charged | 25 | | with a Class X felony violation of the
Illinois Controlled
| 26 | | Substances Act or the Methamphetamine Control and Community |
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| 1 | | Protection Act, any party including the minor or the court sua | 2 | | sponte
may, before trial,
move for a hearing for the purpose of | 3 | | trying and sentencing the minor as
a delinquent minor. To | 4 | | request a hearing, the party must file a motion
prior to trial. | 5 | | Reasonable notice of the motion shall be given to all
parties. | 6 | | On its own motion or upon the filing of a motion by one of the
| 7 | | parties including the minor, the court shall conduct a hearing | 8 | | to
determine whether the minor should be tried and sentenced | 9 | | as a
delinquent minor under this Article. In making its | 10 | | determination, the
court shall consider among other matters:
| 11 | | (a) The age of the minor;
| 12 | | (b) Any previous delinquent or criminal history of the | 13 | | minor;
| 14 | | (c) Any previous abuse or neglect history of the | 15 | | minor;
| 16 | | (d) Any mental health or educational history of the | 17 | | minor, or both; and
| 18 | | (e) Whether there is probable cause to support the | 19 | | charge, whether
the minor is charged through | 20 | | accountability, and whether there is
evidence the minor | 21 | | possessed a deadly weapon or caused serious
bodily harm | 22 | | during the offense.
| 23 | | Any material that is relevant and reliable shall be | 24 | | admissible at the
hearing. In
all cases, the judge shall enter | 25 | | an order permitting prosecution
under the criminal laws of | 26 | | Illinois unless the judge makes a finding
based on a |
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| 1 | | preponderance of the evidence that the minor would be
amenable | 2 | | to the care, treatment, and training programs available
| 3 | | through the facilities of the juvenile court based on an | 4 | | evaluation of
the factors listed in this subsection (10).
| 5 | | (11) The changes made to this Section by Public Act 98-61 | 6 | | apply to a minor who has been
arrested or taken into custody on | 7 | | or after January 1, 2014 (the effective date
of Public Act | 8 | | 98-61). | 9 | | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; | 10 | | 99-258, eff. 1-1-16 .)
| 11 | | (705 ILCS 405/5-410)
| 12 | | Sec. 5-410. Non-secure custody or detention.
| 13 | | (1) Any minor arrested or taken into custody pursuant to | 14 | | this Act who
requires care away from his or her home but who | 15 | | does not require physical
restriction shall be given temporary | 16 | | care in a foster family home or other
shelter facility | 17 | | designated by the court.
| 18 | | (2) (a) Any minor 10 years of age or older arrested
| 19 | | pursuant to this Act where there is probable cause to believe | 20 | | that the minor
is a delinquent minor and that
(i) secure | 21 | | custody is a matter of immediate and urgent necessity for the
| 22 | | protection of the minor or of the person or property of | 23 | | another, (ii) the minor
is likely to flee the jurisdiction of | 24 | | the court, or (iii) the minor was taken
into custody under a | 25 | | warrant, may be kept or detained in an authorized
detention |
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| 1 | | facility. A minor under 13 years of age shall not be admitted, | 2 | | kept, or detained in a detention facility unless a local youth | 3 | | service provider, including a provider through the | 4 | | Comprehensive Community Based Youth Services network, has been | 5 | | contacted and has not been able to accept the minor. No minor | 6 | | under 12 years of age shall be detained in a
county jail or a | 7 | | municipal lockup for more than 6 hours.
| 8 | | (a-5) For a minor arrested or taken into custody for | 9 | | vehicular hijacking or aggravated vehicular hijacking, a | 10 | | previous finding of delinquency for vehicular hijacking or | 11 | | aggravated vehicular hijacking shall be given greater weight | 12 | | in determining whether secured custody of a minor is a matter | 13 | | of immediate and urgent necessity for the protection of the | 14 | | minor or of the person or property of another. | 15 | | (b) The written authorization of the probation officer or | 16 | | detention officer
(or other public officer designated by the | 17 | | court in a county having
3,000,000 or more inhabitants) | 18 | | constitutes authority for the superintendent of
any juvenile | 19 | | detention home to detain and keep a minor for up to 40 hours,
| 20 | | excluding Saturdays, Sundays, and court-designated holidays. | 21 | | These
records shall be available to the same persons and | 22 | | pursuant to the same
conditions as are law enforcement records | 23 | | as provided in Section 5-905.
| 24 | | (b-4) The consultation required by paragraph (b-5) shall | 25 | | not be applicable
if the probation officer or detention | 26 | | officer (or other public officer
designated
by the court in a
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| 1 | | county having 3,000,000 or more inhabitants) utilizes a | 2 | | scorable detention
screening instrument, which has been | 3 | | developed with input by the State's
Attorney, to
determine | 4 | | whether a minor should be detained, however, paragraph (b-5) | 5 | | shall
still be applicable where no such screening instrument | 6 | | is used or where the
probation officer, detention officer (or | 7 | | other public officer designated by the
court in a county
| 8 | | having 3,000,000 or more inhabitants) deviates from the | 9 | | screening instrument.
| 10 | | (b-5) Subject to the provisions of paragraph (b-4), if a | 11 | | probation officer
or detention officer
(or other public | 12 | | officer designated by
the court in a county having 3,000,000 | 13 | | or more inhabitants) does not intend to
detain a minor for an | 14 | | offense which constitutes one of the following offenses
he or | 15 | | she shall consult with the State's Attorney's Office prior to | 16 | | the release
of the minor: first degree murder, second degree | 17 | | murder, involuntary
manslaughter, criminal sexual assault, | 18 | | aggravated criminal sexual assault,
aggravated battery with a | 19 | | firearm as described in Section 12-4.2 or subdivision (e)(1), | 20 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or | 21 | | heinous battery involving
permanent disability or | 22 | | disfigurement or great bodily harm, robbery, aggravated
| 23 | | robbery, armed robbery, vehicular hijacking, aggravated | 24 | | vehicular hijacking,
vehicular invasion, arson, aggravated | 25 | | arson, kidnapping, aggravated kidnapping,
home invasion, | 26 | | burglary, or residential burglary. Any minor 10 years of age |
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| 1 | | or older arrested or taken into custody under this Act for | 2 | | vehicular hijacking or aggravated vehicular hijacking shall be | 3 | | detained in an authorized detention facility until a detention | 4 | | or shelter care hearing is held to determine if there is | 5 | | probable cause to believe that the minor
is a delinquent minor | 6 | | and that:
(1) secure custody is a matter of immediate and | 7 | | urgent necessity for the
protection of the minor or of the | 8 | | person or property of another; (2) the minor
is likely to flee | 9 | | the jurisdiction of the court; or (3) the minor was taken
into | 10 | | custody under a warrant. If the court makes that | 11 | | determination, the minor shall continue to be held until the | 12 | | disposition of an adjudicatory hearing under this Article.
| 13 | | (c) Except as otherwise provided in paragraph (a), (d), or | 14 | | (e), no minor
shall
be detained in a county jail or municipal | 15 | | lockup for more than 12 hours, unless
the offense is a crime of | 16 | | violence in which case the minor may be detained up
to 24 | 17 | | hours. For the purpose of this paragraph, "crime of violence" | 18 | | has the
meaning
ascribed to it in Section 1-10 of the | 19 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 20 | | (i) The
period of detention is deemed to have begun | 21 | | once the minor has been placed in a
locked room or cell or | 22 | | handcuffed to a stationary object in a building housing
a | 23 | | county jail or municipal lockup. Time spent transporting a | 24 | | minor is not
considered to be time in detention or secure | 25 | | custody.
| 26 | | (ii) Any minor so
confined shall be under periodic |
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| 1 | | supervision and shall not be permitted to come
into or | 2 | | remain in contact with adults in custody in the building.
| 3 | | (iii) Upon
placement in secure custody in a jail or | 4 | | lockup, the
minor shall be informed of the purpose of the | 5 | | detention, the time it is
expected to last and the fact | 6 | | that it cannot exceed the time specified under
this Act.
| 7 | | (iv) A log shall
be kept which shows the offense which | 8 | | is the basis for the detention, the
reasons and | 9 | | circumstances for the decision to detain, and the length | 10 | | of time the
minor was in detention.
| 11 | | (v) Violation of the time limit on detention
in a | 12 | | county jail or municipal lockup shall not, in and of | 13 | | itself, render
inadmissible evidence obtained as a result | 14 | | of the violation of this
time limit. Minors under 18 years | 15 | | of age shall be kept separate from confined
adults and may | 16 | | not at any time be kept in the same cell, room, or yard | 17 | | with
adults confined pursuant to criminal law. Persons 18 | 18 | | years of age and older
who have a petition of delinquency | 19 | | filed against them may be
confined in an
adult detention | 20 | | facility.
In making a determination whether to confine a | 21 | | person 18 years of age or
older
who has a petition of | 22 | | delinquency filed against the person, these factors,
among | 23 | | other matters, shall be considered:
| 24 | | (A) the age of the person;
| 25 | | (B) any previous delinquent or criminal history of | 26 | | the person;
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| 1 | | (C) any previous abuse or neglect history of the | 2 | | person; and
| 3 | | (D) any mental health or educational history of | 4 | | the person, or both.
| 5 | | (d) (i) If a minor 12 years of age or older is confined in | 6 | | a county jail
in a
county with a population below 3,000,000 | 7 | | inhabitants, then the minor's
confinement shall be implemented | 8 | | in such a manner that there will be no contact
by sight, sound, | 9 | | or otherwise between the minor and adult prisoners. Minors
12 | 10 | | years of age or older must be kept separate from confined | 11 | | adults and may not
at any time
be kept in the same cell, room, | 12 | | or yard with confined adults. This paragraph
(d)(i) shall only | 13 | | apply to confinement pending an adjudicatory hearing and
shall | 14 | | not exceed 40 hours, excluding Saturdays, Sundays, and | 15 | | court-designated
holidays. To accept or hold minors during | 16 | | this time period, county jails shall
comply with all | 17 | | monitoring standards adopted by the Department of
Corrections | 18 | | and training standards approved by the Illinois Law | 19 | | Enforcement
Training Standards Board.
| 20 | | (ii) To accept or hold minors, 12 years of age or older, | 21 | | after the time
period
prescribed in paragraph (d)(i) of this | 22 | | subsection (2) of this Section but not
exceeding 7 days | 23 | | including Saturdays, Sundays, and holidays pending an
| 24 | | adjudicatory hearing, county jails shall comply with all | 25 | | temporary detention
standards adopted by the Department of | 26 | | Corrections and training standards
approved by the Illinois |
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| 1 | | Law Enforcement Training Standards Board.
| 2 | | (iii) To accept or hold minors 12 years of age or older, | 3 | | after the time
period prescribed in paragraphs (d)(i) and | 4 | | (d)(ii) of this subsection (2) of
this
Section, county jails | 5 | | shall comply with all county juvenile detention standards | 6 | | adopted by the Department of Juvenile Justice.
| 7 | | (e) When a minor who is at least 15 years of age is | 8 | | prosecuted under the
criminal laws of this State,
the court | 9 | | may enter an order directing that the juvenile be confined
in | 10 | | the county jail. However, any juvenile confined in the county | 11 | | jail under
this provision shall be separated from adults who | 12 | | are confined in the county
jail in such a manner that there | 13 | | will be no contact by sight, sound or
otherwise between the | 14 | | juvenile and adult prisoners.
| 15 | | (f) For purposes of appearing in a physical lineup, the | 16 | | minor may be taken
to a county jail or municipal lockup under | 17 | | the direct and constant supervision
of a juvenile police | 18 | | officer. During such time as is necessary to conduct a
lineup, | 19 | | and while supervised by a juvenile police officer, the sight | 20 | | and sound
separation provisions shall not apply.
| 21 | | (g) For purposes of processing a minor, the minor may be | 22 | | taken to a county jail or municipal lockup under the direct and | 23 | | constant supervision of a law
enforcement officer or | 24 | | correctional officer. During such time as is necessary
to | 25 | | process the minor, and while supervised by a law enforcement | 26 | | officer or
correctional officer, the sight and sound |
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| 1 | | separation provisions shall not
apply.
| 2 | | (3) If the probation officer or State's Attorney (or such | 3 | | other public
officer designated by the court in a county | 4 | | having 3,000,000 or more
inhabitants) determines that the | 5 | | minor may be a delinquent minor as described
in subsection (3) | 6 | | of Section 5-105, and should be retained in custody but does
| 7 | | not require
physical restriction, the minor may be placed in | 8 | | non-secure custody for up to
40 hours pending a detention | 9 | | hearing.
| 10 | | (4) Any minor taken into temporary custody, not requiring | 11 | | secure
detention, may, however, be detained in the home of his | 12 | | or her parent or
guardian subject to such conditions as the | 13 | | court may impose.
| 14 | | (5) The changes made to this Section by Public Act 98-61 | 15 | | apply to a minor who has been arrested or taken into custody on | 16 | | or after January 1, 2014 (the effective date of Public Act | 17 | | 98-61). | 18 | | (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
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