Full Text of SJR0053 93rd General Assembly
SJ0053eng 93RD GENERAL ASSEMBLY
|
|
|
93SJ0053 Engrossed |
|
LRB093 20991 RLC 46990 r |
|
| 1 |
| | 2 |
| SENATE JOINT RESOLUTION 53 | 3 |
| (As amended by Senate Amendment No. 1)
| 4 |
| WHEREAS, The adoption of balanced and restorative justice | 5 |
| in the Juvenile Court Act of 1987 also imposes on the juvenile | 6 |
| court system an obligation to provide competency-building | 7 |
| services to youths while under the jurisdiction of the court; | 8 |
| and
| 9 |
| WHEREAS, The adoption of Redeploy Illinois has the | 10 |
| potential to provide funding for competency-building services | 11 |
| in counties throughout the State, thereby reducing the State's | 12 |
| costly practice of relying on incarceration; and | 13 |
| WHEREAS, Recent national studies question whether | 14 |
| juveniles are developmentally competent to make the legal | 15 |
| decisions necessary in adult criminal court proceedings; and | 16 |
| WHEREAS, One recent study of nearly 1,000 juveniles | 17 |
| concluded that approximately one-third of 11 through 13 year | 18 |
| olds and approximately one-fifth of 14 through 15 year olds | 19 |
| were as impaired in capacities that affect their competence to | 20 |
| stand trial as are seriously mentally ill adults who would | 21 |
| likely be considered incompetent; and
| 22 |
| WHEREAS, In addition, studies indicate that immaturity may | 23 |
| affect the performance of youths as defendants in ways that | 24 |
| extend beyond the elements of understanding and reasoning that | 25 |
| are explicitly relevant under the law, since, compared to young | 26 |
| adults, adolescents are more likely to comply with authority | 27 |
| figures, less likely to recognize the risks inherent in the | 28 |
| various choices they face, and less likely to consider the | 29 |
| long-term consequences of their legal decisions; and | 30 |
| WHEREAS, Numerous national, legal, and medical |
|
|
|
93SJ0053 Engrossed |
- 2 - |
LRB093 20991 RLC 46990 r |
|
| 1 |
| organizations (including the American Bar Association, the | 2 |
| National Council of Juvenile and Family Court Judges, the | 3 |
| American Academy of Pediatricians, and the Association of | 4 |
| Adolescent Psychiatrists) oppose the trial of youths in adult | 5 |
| criminal court unless the decision has been made on an | 6 |
| individual basis following a court hearing with adequate | 7 |
| consideration of all relevant issues and with full due process | 8 |
| protections; and | 9 |
| WHEREAS, Courts have consistently warned that fundamental | 10 |
| due process protections are necessary to ensure that the | 11 |
| critical decision to try a minor as an adult is made on an | 12 |
| individual basis, taking into account all relevant factors | 13 |
| including the circumstances of the offense, the age of the | 14 |
| minor, the competency of the minor, the educational and | 15 |
| emotional capacity of the minor, the background of the minor | 16 |
| including physical, developmental, and mental capacity, and | 17 |
| the resources of the juvenile court; therefore, be it
| 18 |
| RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL | 19 |
| ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | 20 |
| CONCURRING HEREIN, that there is created a Task Force on Trial | 21 |
| of Juveniles in Adult Court, comprised of Members of the | 22 |
| General Assembly, representatives of the Governor, the | 23 |
| Director of Corrections or his or her designee, and concerned | 24 |
| members of the public, to study and make recommendations for | 25 |
| improvements in transfer laws stating when juveniles shall be | 26 |
| tried as adults; and be it further | 27 |
| RESOLVED, That two members who are elected Members of the | 28 |
| House of Representatives and two members who are elected | 29 |
| Members of the Senate be appointed, one each by the Speaker of | 30 |
| the House of Representatives, the Minority Leader of the House | 31 |
| of Representatives, the President of the Senate, and the | 32 |
| Minority Leader of the Senate; and be it further
|
|
|
|
93SJ0053 Engrossed |
- 3 - |
LRB093 20991 RLC 46990 r |
|
| 1 |
| RESOLVED, That the Speaker of the House of Representatives | 2 |
| and the President of the Senate or their designees shall serve | 3 |
| as co-chairs; and be it further | 4 |
| RESOLVED, That at least one member be appointed by the | 5 |
| Governor; and be it further | 6 |
| RESOLVED, That the Task Force shall meet at least 4 times | 7 |
| while the General Assembly is in recess and report any findings | 8 |
| and recommendations to the General Assembly by December 31, | 9 |
| 2004.
|
|