HB4988ham001 95TH GENERAL ASSEMBLY

Juvenile Justice Reform Committee

Adopted in House Comm. on Mar 12, 2008

 

 


 

 


 
09500HB4988ham001 LRB095 17571 LCT 47482 a

1
AMENDMENT TO HOUSE BILL 4988

2     AMENDMENT NO. ______. Amend House Bill 4988 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Sections 5-410 and 5-710 and by adding Part 10 to
6 Article V as follows:
 
7     (705 ILCS 405/5-410)
8     Sec. 5-410. Non-secure custody or detention.
9     (1) Any minor arrested or taken into custody pursuant to
10 this Act who requires care away from his or her home but who
11 does not require physical restriction shall be given temporary
12 care in a foster family home or other shelter facility
13 designated by the court.
14     (2) (a) Any minor 13 10 years of age or older arrested
15 pursuant to this Act where there is probable cause to believe
16 that the minor is a delinquent minor and that (i) secured

 

 

09500HB4988ham001 - 2 - LRB095 17571 LCT 47482 a

1 custody is a matter of immediate and urgent necessity for the
2 protection of the minor or of the person or property of
3 another, (ii) the minor is likely to flee the jurisdiction of
4 the court, or (iii) the minor was taken into custody under a
5 warrant, may be kept or detained in an authorized detention
6 facility. No minor under 12 years of age shall be detained in a
7 county jail or a municipal lockup for more than 6 hours.
8     (b) The written authorization of the probation officer or
9 detention officer (or other public officer designated by the
10 court in a county having 3,000,000 or more inhabitants)
11 constitutes authority for the superintendent of any juvenile
12 detention home to detain and keep a minor for up to 40 hours,
13 excluding Saturdays, Sundays and court-designated holidays.
14 These records shall be available to the same persons and
15 pursuant to the same conditions as are law enforcement records
16 as provided in Section 5-905.
17     (b-4) The consultation required by subsection (b-5) shall
18 not be applicable if the probation officer or detention officer
19 (or other public officer designated by the court in a county
20 having 3,000,000 or more inhabitants) utilizes a scorable
21 detention screening instrument, which has been developed with
22 input by the State's Attorney, to determine whether a minor
23 should be detained, however, subsection (b-5) shall still be
24 applicable where no such screening instrument is used or where
25 the probation officer, detention officer (or other public
26 officer designated by the court in a county having 3,000,000 or

 

 

09500HB4988ham001 - 3 - LRB095 17571 LCT 47482 a

1 more inhabitants) deviates from the screening instrument.
2     (b-5) Subject to the provisions of subsection (b-4), if a
3 probation officer or detention officer (or other public officer
4 designated by the court in a county having 3,000,000 or more
5 inhabitants) does not intend to detain a minor for an offense
6 which constitutes one of the following offenses he or she shall
7 consult with the State's Attorney's Office prior to the release
8 of the minor: first degree murder, second degree murder,
9 involuntary manslaughter, criminal sexual assault, aggravated
10 criminal sexual assault, aggravated battery with a firearm,
11 aggravated or heinous battery involving permanent disability
12 or disfigurement or great bodily harm, robbery, aggravated
13 robbery, armed robbery, vehicular hijacking, aggravated
14 vehicular hijacking, vehicular invasion, arson, aggravated
15 arson, kidnapping, aggravated kidnapping, home invasion,
16 burglary, or residential burglary.
17     (c) Except as otherwise provided in paragraph (a), (d), or
18 (e), no minor shall be detained in a county jail or municipal
19 lockup for more than 12 hours, unless the offense is a crime of
20 violence in which case the minor may be detained up to 24
21 hours. For the purpose of this paragraph, "crime of violence"
22 has the meaning ascribed to it in Section 1-10 of the
23 Alcoholism and Other Drug Abuse and Dependency Act.
24         (i) The period of detention is deemed to have begun
25     once the minor has been placed in a locked room or cell or
26     handcuffed to a stationary object in a building housing a

 

 

09500HB4988ham001 - 4 - LRB095 17571 LCT 47482 a

1     county jail or municipal lockup. Time spent transporting a
2     minor is not considered to be time in detention or secure
3     custody.
4         (ii) Any minor so confined shall be under periodic
5     supervision and shall not be permitted to come into or
6     remain in contact with adults in custody in the building.
7         (iii) Upon placement in secure custody in a jail or
8     lockup, the minor shall be informed of the purpose of the
9     detention, the time it is expected to last and the fact
10     that it cannot exceed the time specified under this Act.
11         (iv) A log shall be kept which shows the offense which
12     is the basis for the detention, the reasons and
13     circumstances for the decision to detain and the length of
14     time the minor was in detention.
15         (v) Violation of the time limit on detention in a
16     county jail or municipal lockup shall not, in and of
17     itself, render inadmissible evidence obtained as a result
18     of the violation of this time limit. Minors under 17 years
19     of age shall be kept separate from confined adults and may
20     not at any time be kept in the same cell, room or yard with
21     adults confined pursuant to criminal law. Persons 17 years
22     of age and older who have a petition of delinquency filed
23     against them may be confined in an adult detention
24     facility. In making a determination whether to confine a
25     person 17 years of age or older who has a petition of
26     delinquency filed against the person, these factors, among

 

 

09500HB4988ham001 - 5 - LRB095 17571 LCT 47482 a

1     other matters, shall be considered:
2             (A) The age of the person;
3             (B) Any previous delinquent or criminal history of
4         the person;
5             (C) Any previous abuse or neglect history of the
6         person; and
7             (D) Any mental health or educational history of the
8         person, or both.
9     (d) (i) If a minor 12 years of age or older is confined in a
10 county jail in a county with a population below 3,000,000
11 inhabitants, then the minor's confinement shall be implemented
12 in such a manner that there will be no contact by sight, sound
13 or otherwise between the minor and adult prisoners. Minors 12
14 years of age or older must be kept separate from confined
15 adults and may not at any time be kept in the same cell, room,
16 or yard with confined adults. This paragraph (d)(i) shall only
17 apply to confinement pending an adjudicatory hearing and shall
18 not exceed 40 hours, excluding Saturdays, Sundays and court
19 designated holidays. To accept or hold minors during this time
20 period, county jails shall comply with all monitoring standards
21 promulgated by the Department of Corrections and training
22 standards approved by the Illinois Law Enforcement Training
23 Standards Board.
24     (ii) To accept or hold minors, 12 years of age or older,
25 after the time period prescribed in paragraph (d)(i) of this
26 subsection (2) of this Section but not exceeding 7 days

 

 

09500HB4988ham001 - 6 - LRB095 17571 LCT 47482 a

1 including Saturdays, Sundays and holidays pending an
2 adjudicatory hearing, county jails shall comply with all
3 temporary detention standards promulgated by the Department of
4 Corrections and training standards approved by the Illinois Law
5 Enforcement Training Standards Board.
6     (iii) To accept or hold minors 12 years of age or older,
7 after the time period prescribed in paragraphs (d)(i) and
8 (d)(ii) of this subsection (2) of this Section, county jails
9 shall comply with all programmatic and training standards for
10 juvenile detention homes promulgated by the Department of
11 Corrections.
12     (e) When a minor who is at least 15 years of age is
13 prosecuted under the criminal laws of this State, the court may
14 enter an order directing that the juvenile be confined in the
15 county jail. However, any juvenile confined in the county jail
16 under this provision shall be separated from adults who are
17 confined in the county jail in such a manner that there will be
18 no contact by sight, sound or otherwise between the juvenile
19 and adult prisoners.
20     (f) For purposes of appearing in a physical lineup, the
21 minor may be taken to a county jail or municipal lockup under
22 the direct and constant supervision of a juvenile police
23 officer. During such time as is necessary to conduct a lineup,
24 and while supervised by a juvenile police officer, the sight
25 and sound separation provisions shall not apply.
26     (g) For purposes of processing a minor, the minor may be

 

 

09500HB4988ham001 - 7 - LRB095 17571 LCT 47482 a

1 taken to a County Jail or municipal lockup under the direct and
2 constant supervision of a law enforcement officer or
3 correctional officer. During such time as is necessary to
4 process the minor, and while supervised by a law enforcement
5 officer or correctional officer, the sight and sound separation
6 provisions shall not apply.
7     (3) If the probation officer or State's Attorney (or such
8 other public officer designated by the court in a county having
9 3,000,000 or more inhabitants) determines that the minor may be
10 a delinquent minor as described in subsection (3) of Section
11 5-105, and should be retained in custody but does not require
12 physical restriction, the minor may be placed in non-secure
13 custody for up to 40 hours pending a detention hearing.
14     (4) Any minor taken into temporary custody, not requiring
15 secure detention, may, however, be detained in the home of his
16 or her parent or guardian subject to such conditions as the
17 court may impose.
18 (Source: P.A. 93-255, eff. 1-1-04.)
 
19     (705 ILCS 405/5-710)
20     (Text of Section before amendment by P.A. 95-337 and
21 95-642)
22     Sec. 5-710. Kinds of sentencing orders.
23     (1) The following kinds of sentencing orders may be made in
24 respect of wards of the court:
25         (a) Except as provided in Sections 5-805, 5-810, 5-815,

 

 

09500HB4988ham001 - 8 - LRB095 17571 LCT 47482 a

1     a minor who is found guilty under Section 5-620 may be:
2             (i) put on probation or conditional discharge and
3         released to his or her parents, guardian or legal
4         custodian, provided, however, that any such minor who
5         is not committed to the Department of Juvenile Justice
6         under this subsection and who is found to be a
7         delinquent for an offense which is first degree murder,
8         a Class X felony, or a forcible felony shall be placed
9         on probation;
10             (ii) placed in accordance with Section 5-740, with
11         or without also being put on probation or conditional
12         discharge;
13             (iii) required to undergo a substance abuse
14         assessment conducted by a licensed provider and
15         participate in the indicated clinical level of care;
16             (iv) placed in the guardianship of the Department
17         of Children and Family Services, but only if the
18         delinquent minor is under 13 years of age;
19             (v) placed in detention for a period not to exceed
20         30 days, either as the exclusive order of disposition
21         or, where appropriate, in conjunction with any other
22         order of disposition issued under this paragraph,
23         provided that any such detention shall be in a juvenile
24         detention home and the minor so detained shall be 13 10
25         years of age or older. However, the 30-day limitation
26         may be extended by further order of the court for a

 

 

09500HB4988ham001 - 9 - LRB095 17571 LCT 47482 a

1         minor under age 13 committed to the Department of
2         Children and Family Services if the court finds that
3         the minor is a danger to himself or others. The minor
4         shall be given credit on the sentencing order of
5         detention for time spent in detention under Sections
6         5-501, 5-601, 5-710, or 5-720 of this Article as a
7         result of the offense for which the sentencing order
8         was imposed. The court may grant credit on a sentencing
9         order of detention entered under a violation of
10         probation or violation of conditional discharge under
11         Section 5-720 of this Article for time spent in
12         detention before the filing of the petition alleging
13         the violation. A minor shall not be deprived of credit
14         for time spent in detention before the filing of a
15         violation of probation or conditional discharge
16         alleging the same or related act or acts;
17             (vi) ordered partially or completely emancipated
18         in accordance with the provisions of the Emancipation
19         of Minors Act;
20             (vii) subject to having his or her driver's license
21         or driving privileges suspended for such time as
22         determined by the court but only until he or she
23         attains 18 years of age;
24             (viii) put on probation or conditional discharge
25         and placed in detention under Section 3-6039 of the
26         Counties Code for a period not to exceed the period of

 

 

09500HB4988ham001 - 10 - LRB095 17571 LCT 47482 a

1         incarceration permitted by law for adults found guilty
2         of the same offense or offenses for which the minor was
3         adjudicated delinquent, and in any event no longer than
4         upon attainment of age 21; this subdivision (viii)
5         notwithstanding any contrary provision of the law; or
6             (ix) ordered to undergo a medical or other
7         procedure to have a tattoo symbolizing allegiance to a
8         street gang removed from his or her body.
9         (b) A minor found to be guilty may be committed to the
10     Department of Juvenile Justice under Section 5-750 if the
11     minor is 13 years of age or older, provided that the
12     commitment to the Department of Juvenile Justice shall be
13     made only if a term of incarceration is permitted by law
14     for adults found guilty of the offense for which the minor
15     was adjudicated delinquent. The time during which a minor
16     is in custody before being released upon the request of a
17     parent, guardian or legal custodian shall be considered as
18     time spent in detention.
19         (c) When a minor is found to be guilty for an offense
20     which is a violation of the Illinois Controlled Substances
21     Act, the Cannabis Control Act, or the Methamphetamine
22     Control and Community Protection Act and made a ward of the
23     court, the court may enter a disposition order requiring
24     the minor to undergo assessment, counseling or treatment in
25     a substance abuse program approved by the Department of
26     Human Services.

 

 

09500HB4988ham001 - 11 - LRB095 17571 LCT 47482 a

1     (2) Any sentencing order other than commitment to the
2 Department of Juvenile Justice may provide for protective
3 supervision under Section 5-725 and may include an order of
4 protection under Section 5-730.
5     (3) Unless the sentencing order expressly so provides, it
6 does not operate to close proceedings on the pending petition,
7 but is subject to modification until final closing and
8 discharge of the proceedings under Section 5-750.
9     (4) In addition to any other sentence, the court may order
10 any minor found to be delinquent to make restitution, in
11 monetary or non-monetary form, under the terms and conditions
12 of Section 5-5-6 of the Unified Code of Corrections, except
13 that the "presentencing hearing" referred to in that Section
14 shall be the sentencing hearing for purposes of this Section.
15 The parent, guardian or legal custodian of the minor may be
16 ordered by the court to pay some or all of the restitution on
17 the minor's behalf, pursuant to the Parental Responsibility
18 Law. The State's Attorney is authorized to act on behalf of any
19 victim in seeking restitution in proceedings under this
20 Section, up to the maximum amount allowed in Section 5 of the
21 Parental Responsibility Law.
22     (5) Any sentencing order where the minor is committed or
23 placed in accordance with Section 5-740 shall provide for the
24 parents or guardian of the estate of the minor to pay to the
25 legal custodian or guardian of the person of the minor such
26 sums as are determined by the custodian or guardian of the

 

 

09500HB4988ham001 - 12 - LRB095 17571 LCT 47482 a

1 person of the minor as necessary for the minor's needs. The
2 payments may not exceed the maximum amounts provided for by
3 Section 9.1 of the Children and Family Services Act.
4     (6) Whenever the sentencing order requires the minor to
5 attend school or participate in a program of training, the
6 truant officer or designated school official shall regularly
7 report to the court if the minor is a chronic or habitual
8 truant under Section 26-2a of the School Code.
9     (7) In no event shall a guilty minor be committed to the
10 Department of Juvenile Justice for a period of time in excess
11 of that period for which an adult could be committed for the
12 same act.
13     (8) A minor found to be guilty for reasons that include a
14 violation of Section 21-1.3 of the Criminal Code of 1961 shall
15 be ordered to perform community service for not less than 30
16 and not more than 120 hours, if community service is available
17 in the jurisdiction. The community service shall include, but
18 need not be limited to, the cleanup and repair of the damage
19 that was caused by the violation or similar damage to property
20 located in the municipality or county in which the violation
21 occurred. The order may be in addition to any other order
22 authorized by this Section.
23     (8.5) A minor found to be guilty for reasons that include a
24 violation of Section 3.02 or Section 3.03 of the Humane Care
25 for Animals Act or paragraph (d) of subsection (1) of Section
26 21-1 of the Criminal Code of 1961 shall be ordered to undergo

 

 

09500HB4988ham001 - 13 - LRB095 17571 LCT 47482 a

1 medical or psychiatric treatment rendered by a psychiatrist or
2 psychological treatment rendered by a clinical psychologist.
3 The order may be in addition to any other order authorized by
4 this Section.
5     (9) In addition to any other sentencing order, the court
6 shall order any minor found to be guilty for an act which would
7 constitute, predatory criminal sexual assault of a child,
8 aggravated criminal sexual assault, criminal sexual assault,
9 aggravated criminal sexual abuse, or criminal sexual abuse if
10 committed by an adult to undergo medical testing to determine
11 whether the defendant has any sexually transmissible disease
12 including a test for infection with human immunodeficiency
13 virus (HIV) or any other identified causative agency of
14 acquired immunodeficiency syndrome (AIDS). Any medical test
15 shall be performed only by appropriately licensed medical
16 practitioners and may include an analysis of any bodily fluids
17 as well as an examination of the minor's person. Except as
18 otherwise provided by law, the results of the test shall be
19 kept strictly confidential by all medical personnel involved in
20 the testing and must be personally delivered in a sealed
21 envelope to the judge of the court in which the sentencing
22 order was entered for the judge's inspection in camera. Acting
23 in accordance with the best interests of the victim and the
24 public, the judge shall have the discretion to determine to
25 whom the results of the testing may be revealed. The court
26 shall notify the minor of the results of the test for infection

 

 

09500HB4988ham001 - 14 - LRB095 17571 LCT 47482 a

1 with the human immunodeficiency virus (HIV). The court shall
2 also notify the victim if requested by the victim, and if the
3 victim is under the age of 15 and if requested by the victim's
4 parents or legal guardian, the court shall notify the victim's
5 parents or the legal guardian, of the results of the test for
6 infection with the human immunodeficiency virus (HIV). The
7 court shall provide information on the availability of HIV
8 testing and counseling at the Department of Public Health
9 facilities to all parties to whom the results of the testing
10 are revealed. The court shall order that the cost of any test
11 shall be paid by the county and may be taxed as costs against
12 the minor.
13     (10) When a court finds a minor to be guilty the court
14 shall, before entering a sentencing order under this Section,
15 make a finding whether the offense committed either: (a) was
16 related to or in furtherance of the criminal activities of an
17 organized gang or was motivated by the minor's membership in or
18 allegiance to an organized gang, or (b) involved a violation of
19 subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
20 a violation of any Section of Article 24 of the Criminal Code
21 of 1961, or a violation of any statute that involved the
22 wrongful use of a firearm. If the court determines the question
23 in the affirmative, and the court does not commit the minor to
24 the Department of Juvenile Justice, the court shall order the
25 minor to perform community service for not less than 30 hours
26 nor more than 120 hours, provided that community service is

 

 

09500HB4988ham001 - 15 - LRB095 17571 LCT 47482 a

1 available in the jurisdiction and is funded and approved by the
2 county board of the county where the offense was committed. The
3 community service shall include, but need not be limited to,
4 the cleanup and repair of any damage caused by a violation of
5 Section 21-1.3 of the Criminal Code of 1961 and similar damage
6 to property located in the municipality or county in which the
7 violation occurred. When possible and reasonable, the
8 community service shall be performed in the minor's
9 neighborhood. This order shall be in addition to any other
10 order authorized by this Section except for an order to place
11 the minor in the custody of the Department of Juvenile Justice.
12 For the purposes of this Section, "organized gang" has the
13 meaning ascribed to it in Section 10 of the Illinois Streetgang
14 Terrorism Omnibus Prevention Act.
15 (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)
 
16     (Text of Section after amendment by P.A. 95-337 and 95-642)
17     Sec. 5-710. Kinds of sentencing orders.
18     (1) The following kinds of sentencing orders may be made in
19 respect of wards of the court:
20         (a) Except as provided in Sections 5-805, 5-810, 5-815,
21     a minor who is found guilty under Section 5-620 may be:
22             (i) put on probation or conditional discharge and
23         released to his or her parents, guardian or legal
24         custodian, provided, however, that any such minor who
25         is not committed to the Department of Juvenile Justice

 

 

09500HB4988ham001 - 16 - LRB095 17571 LCT 47482 a

1         under this subsection and who is found to be a
2         delinquent for an offense which is first degree murder,
3         a Class X felony, or a forcible felony shall be placed
4         on probation;
5             (ii) placed in accordance with Section 5-740, with
6         or without also being put on probation or conditional
7         discharge;
8             (iii) required to undergo a substance abuse
9         assessment conducted by a licensed provider and
10         participate in the indicated clinical level of care;
11             (iv) placed in the guardianship of the Department
12         of Children and Family Services, but only if the
13         delinquent minor is under 15 years of age or, pursuant
14         to Article II of this Act, a minor for whom an
15         independent basis of abuse, neglect, or dependency
16         exists. An independent basis exists when the
17         allegations or adjudication of abuse, neglect, or
18         dependency do not arise from the same facts, incident,
19         or circumstances which give rise to a charge or
20         adjudication of delinquency;
21             (v) placed in detention for a period not to exceed
22         30 days, either as the exclusive order of disposition
23         or, where appropriate, in conjunction with any other
24         order of disposition issued under this paragraph,
25         provided that any such detention shall be in a juvenile
26         detention home and the minor so detained shall be 13 10

 

 

09500HB4988ham001 - 17 - LRB095 17571 LCT 47482 a

1         years of age or older. However, the 30-day limitation
2         may be extended by further order of the court for a
3         minor under age 15 committed to the Department of
4         Children and Family Services if the court finds that
5         the minor is a danger to himself or others. The minor
6         shall be given credit on the sentencing order of
7         detention for time spent in detention under Sections
8         5-501, 5-601, 5-710, or 5-720 of this Article as a
9         result of the offense for which the sentencing order
10         was imposed. The court may grant credit on a sentencing
11         order of detention entered under a violation of
12         probation or violation of conditional discharge under
13         Section 5-720 of this Article for time spent in
14         detention before the filing of the petition alleging
15         the violation. A minor shall not be deprived of credit
16         for time spent in detention before the filing of a
17         violation of probation or conditional discharge
18         alleging the same or related act or acts;
19             (vi) ordered partially or completely emancipated
20         in accordance with the provisions of the Emancipation
21         of Minors Act;
22             (vii) subject to having his or her driver's license
23         or driving privileges suspended for such time as
24         determined by the court but only until he or she
25         attains 18 years of age;
26             (viii) put on probation or conditional discharge

 

 

09500HB4988ham001 - 18 - LRB095 17571 LCT 47482 a

1         and placed in detention under Section 3-6039 of the
2         Counties Code for a period not to exceed the period of
3         incarceration permitted by law for adults found guilty
4         of the same offense or offenses for which the minor was
5         adjudicated delinquent, and in any event no longer than
6         upon attainment of age 21; this subdivision (viii)
7         notwithstanding any contrary provision of the law; or
8             (ix) ordered to undergo a medical or other
9         procedure to have a tattoo symbolizing allegiance to a
10         street gang removed from his or her body.
11         (b) A minor found to be guilty may be committed to the
12     Department of Juvenile Justice under Section 5-750 if the
13     minor is 13 years of age or older, provided that the
14     commitment to the Department of Juvenile Justice shall be
15     made only if a term of incarceration is permitted by law
16     for adults found guilty of the offense for which the minor
17     was adjudicated delinquent. The time during which a minor
18     is in custody before being released upon the request of a
19     parent, guardian or legal custodian shall be considered as
20     time spent in detention.
21         (c) When a minor is found to be guilty for an offense
22     which is a violation of the Illinois Controlled Substances
23     Act, the Cannabis Control Act, or the Methamphetamine
24     Control and Community Protection Act and made a ward of the
25     court, the court may enter a disposition order requiring
26     the minor to undergo assessment, counseling or treatment in

 

 

09500HB4988ham001 - 19 - LRB095 17571 LCT 47482 a

1     a substance abuse program approved by the Department of
2     Human Services.
3     (2) Any sentencing order other than commitment to the
4 Department of Juvenile Justice may provide for protective
5 supervision under Section 5-725 and may include an order of
6 protection under Section 5-730.
7     (3) Unless the sentencing order expressly so provides, it
8 does not operate to close proceedings on the pending petition,
9 but is subject to modification until final closing and
10 discharge of the proceedings under Section 5-750.
11     (4) In addition to any other sentence, the court may order
12 any minor found to be delinquent to make restitution, in
13 monetary or non-monetary form, under the terms and conditions
14 of Section 5-5-6 of the Unified Code of Corrections, except
15 that the "presentencing hearing" referred to in that Section
16 shall be the sentencing hearing for purposes of this Section.
17 The parent, guardian or legal custodian of the minor may be
18 ordered by the court to pay some or all of the restitution on
19 the minor's behalf, pursuant to the Parental Responsibility
20 Law. The State's Attorney is authorized to act on behalf of any
21 victim in seeking restitution in proceedings under this
22 Section, up to the maximum amount allowed in Section 5 of the
23 Parental Responsibility Law.
24     (5) Any sentencing order where the minor is committed or
25 placed in accordance with Section 5-740 shall provide for the
26 parents or guardian of the estate of the minor to pay to the

 

 

09500HB4988ham001 - 20 - LRB095 17571 LCT 47482 a

1 legal custodian or guardian of the person of the minor such
2 sums as are determined by the custodian or guardian of the
3 person of the minor as necessary for the minor's needs. The
4 payments may not exceed the maximum amounts provided for by
5 Section 9.1 of the Children and Family Services Act.
6     (6) Whenever the sentencing order requires the minor to
7 attend school or participate in a program of training, the
8 truant officer or designated school official shall regularly
9 report to the court if the minor is a chronic or habitual
10 truant under Section 26-2a of the School Code.
11     (7) In no event shall a guilty minor be committed to the
12 Department of Juvenile Justice for a period of time in excess
13 of that period for which an adult could be committed for the
14 same act.
15     (8) A minor found to be guilty for reasons that include a
16 violation of Section 21-1.3 of the Criminal Code of 1961 shall
17 be ordered to perform community service for not less than 30
18 and not more than 120 hours, if community service is available
19 in the jurisdiction. The community service shall include, but
20 need not be limited to, the cleanup and repair of the damage
21 that was caused by the violation or similar damage to property
22 located in the municipality or county in which the violation
23 occurred. The order may be in addition to any other order
24 authorized by this Section.
25     (8.5) A minor found to be guilty for reasons that include a
26 violation of Section 3.02 or Section 3.03 of the Humane Care

 

 

09500HB4988ham001 - 21 - LRB095 17571 LCT 47482 a

1 for Animals Act or paragraph (d) of subsection (1) of Section
2 21-1 of the Criminal Code of 1961 shall be ordered to undergo
3 medical or psychiatric treatment rendered by a psychiatrist or
4 psychological treatment rendered by a clinical psychologist.
5 The order may be in addition to any other order authorized by
6 this Section.
7     (9) In addition to any other sentencing order, the court
8 shall order any minor found to be guilty for an act which would
9 constitute, predatory criminal sexual assault of a child,
10 aggravated criminal sexual assault, criminal sexual assault,
11 aggravated criminal sexual abuse, or criminal sexual abuse if
12 committed by an adult to undergo medical testing to determine
13 whether the defendant has any sexually transmissible disease
14 including a test for infection with human immunodeficiency
15 virus (HIV) or any other identified causative agency of
16 acquired immunodeficiency syndrome (AIDS). Any medical test
17 shall be performed only by appropriately licensed medical
18 practitioners and may include an analysis of any bodily fluids
19 as well as an examination of the minor's person. Except as
20 otherwise provided by law, the results of the test shall be
21 kept strictly confidential by all medical personnel involved in
22 the testing and must be personally delivered in a sealed
23 envelope to the judge of the court in which the sentencing
24 order was entered for the judge's inspection in camera. Acting
25 in accordance with the best interests of the victim and the
26 public, the judge shall have the discretion to determine to

 

 

09500HB4988ham001 - 22 - LRB095 17571 LCT 47482 a

1 whom the results of the testing may be revealed. The court
2 shall notify the minor of the results of the test for infection
3 with the human immunodeficiency virus (HIV). The court shall
4 also notify the victim if requested by the victim, and if the
5 victim is under the age of 15 and if requested by the victim's
6 parents or legal guardian, the court shall notify the victim's
7 parents or the legal guardian, of the results of the test for
8 infection with the human immunodeficiency virus (HIV). The
9 court shall provide information on the availability of HIV
10 testing and counseling at the Department of Public Health
11 facilities to all parties to whom the results of the testing
12 are revealed. The court shall order that the cost of any test
13 shall be paid by the county and may be taxed as costs against
14 the minor.
15     (10) When a court finds a minor to be guilty the court
16 shall, before entering a sentencing order under this Section,
17 make a finding whether the offense committed either: (a) was
18 related to or in furtherance of the criminal activities of an
19 organized gang or was motivated by the minor's membership in or
20 allegiance to an organized gang, or (b) involved a violation of
21 subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
22 a violation of any Section of Article 24 of the Criminal Code
23 of 1961, or a violation of any statute that involved the
24 wrongful use of a firearm. If the court determines the question
25 in the affirmative, and the court does not commit the minor to
26 the Department of Juvenile Justice, the court shall order the

 

 

09500HB4988ham001 - 23 - LRB095 17571 LCT 47482 a

1 minor to perform community service for not less than 30 hours
2 nor more than 120 hours, provided that community service is
3 available in the jurisdiction and is funded and approved by the
4 county board of the county where the offense was committed. The
5 community service shall include, but need not be limited to,
6 the cleanup and repair of any damage caused by a violation of
7 Section 21-1.3 of the Criminal Code of 1961 and similar damage
8 to property located in the municipality or county in which the
9 violation occurred. When possible and reasonable, the
10 community service shall be performed in the minor's
11 neighborhood. This order shall be in addition to any other
12 order authorized by this Section except for an order to place
13 the minor in the custody of the Department of Juvenile Justice.
14 For the purposes of this Section, "organized gang" has the
15 meaning ascribed to it in Section 10 of the Illinois Streetgang
16 Terrorism Omnibus Prevention Act.
17     (11) If the court determines that the offense was committed
18 in furtherance of the criminal activities of an organized gang,
19 as provided in subsection (10), and that the offense involved
20 the operation or use of a motor vehicle or the use of a
21 driver's license or permit, the court shall notify the
22 Secretary of State of that determination and of the period for
23 which the minor shall be denied driving privileges. If, at the
24 time of the determination, the minor does not hold a driver's
25 license or permit, the court shall provide that the minor shall
26 not be issued a driver's license or permit until his or her

 

 

09500HB4988ham001 - 24 - LRB095 17571 LCT 47482 a

1 18th birthday. If the minor holds a driver's license or permit
2 at the time of the determination, the court shall provide that
3 the minor's driver's license or permit shall be revoked until
4 his or her 21st birthday, or until a later date or occurrence
5 determined by the court. If the minor holds a driver's license
6 at the time of the determination, the court may direct the
7 Secretary of State to issue the minor a judicial driving
8 permit, also known as a JDP. The JDP shall be subject to the
9 same terms as a JDP issued under Section 6-206.1 of the
10 Illinois Vehicle Code, except that the court may direct that
11 the JDP be effective immediately.
12 (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06;
13 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; revised 11-19-07.)
 
14     (705 ILCS 405/ Art. V, Pt. 10 heading new)
15
PART 10. ILLINOIS YOUTH ALTERNATIVES TO CONFINEMENT TASK FORCE

 
16     (705 ILCS 405/5-1001 new)
17     Sec. 5-1001. Illinois Youth Alternatives to Confinement
18 Task Force.
19     (a) There is hereby created the Illinois Youth Alternatives
20 to Confinement Task Force.
21     (b) The Illinois Youth Alternatives to Confinement Task
22 Force shall conduct a study and make recommendations to the
23 General Assembly concerning:
24         (1) raising the lower age of confinement in Illinois by

 

 

09500HB4988ham001 - 25 - LRB095 17571 LCT 47482 a

1     one year from 13 to 14 and developing a range of community-
2     based alternatives as needed;
3         (2) prohibiting confinement of youths guilty of
4     misdemeanor offenses and developing a range of
5     community-based alternatives as needed;
6         (3) reducing the confinement of youths based on
7     technical probation or parole violations and developing a
8     range of community-based alternatives as needed;
9         (4) eliminating lengthy confinement of youths who have
10     served their time but have no alternative placement; and
11         (5) prohibiting confinement of youths charged as
12     delinquents in adult jails.
13     (c) The Illinois Youth Alternatives to Confinement Task
14 Force shall consist of the following members:
15         (1) one member appointed by the Director of Juvenile
16     Justice;
17         (2) one member appointed by the President of the
18     Senate;
19         (3) one member appointed by the Minority Leader of the
20     Senate;
21         (4) one member appointed by the Speaker of the House;
22         (5) one member appointed by the Minority Leader of the
23     House;
24         (6) one member appointed by the Governor;
25         (7) one member appointed by the Administrative Office
26     of the Illinois Courts;

 

 

09500HB4988ham001 - 26 - LRB095 17571 LCT 47482 a

1         (8) one member appointed by the Secretary of Human
2     Services;
3         (9) one member appointed by the Director of Children
4     and Family Services;
5         (10) one member appointed by the Chair of the Illinois
6     Juvenile Justice Commission; and
7         (11) one member appointed by the Chair of the Illinois
8     Redeploy Illinois Partnership.
9     The Task Force shall appoint a chairperson from among its
10 members.
11     (d) Members of the Illinois Youth Alternatives to
12 Confinement Task Force shall serve without compensation.
13     (e) The Illinois Youth Alternatives to Confinement Task
14 Force may begin to conduct business upon appointment of a
15 majority of its members. The Task Force shall submit a report
16 of its findings and recommendations to the General Assembly by
17 January 30, 2009.
 
18     Section 10. The Unified Code of Corrections is amended by
19 adding Sections 3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-85,
20 3-2.5-90, 3-2.5-95, 3-2.5-100, 3-2.5-105, 3-2.5-110, and
21 3-2.5-115 as follows:
 
22     (730 ILCS 5/3-2.5-70 new)
23     Sec. 3-2.5-70. Purpose. The Office of Juvenile Advocate is
24 established within the Department of Juvenile Justice to

 

 

09500HB4988ham001 - 27 - LRB095 17571 LCT 47482 a

1 protect and promote the legal rights for youth in programs and
2 facilities committed to the Department of Juvenile Justice,
3 including a child released under supervision before final
4 discharge.
 
5     (730 ILCS 5/3-2.5-75 new)
6     Sec. 3-2.5-75. Appointment of Juvenile Advocate. The
7 Director of Juvenile Justice shall appoint the Juvenile
8 Advocate. The Juvenile Advocate shall be an attorney licensed
9 to practice law in Illinois. The Juvenile Advocate shall report
10 to the Director. Persons employed by the Office of the Juvenile
11 Advocate to act as "advocates" shall be attorneys or shall have
12 expertise in the areas of juvenile justice and youth rights, as
13 evidenced by experience in the field, or by academic
14 background, the level and sufficiency of which shall be
15 determined by the Director, and under the direction of the
16 Juvenile Advocate, shall have the same duties and exercise the
17 same powers as the Juvenile Advocate.
 
18     (730 ILCS 5/3-2.5-80 new)
19     Sec. 3-2.5-80. Report.
20     (a) The Juvenile Advocate shall provide to the Director,
21 the General Assembly, and the Governor, no later than January 1
22 of each year, a summary of reports and investigations made
23 under this Section for the prior fiscal year. The summaries
24 shall contain data both aggregated and disaggregated by

 

 

09500HB4988ham001 - 28 - LRB095 17571 LCT 47482 a

1 individual facility and describe:
2         (1) the work of the Juvenile Advocate;
3         (2) the results of any review or investigation
4     undertaken by the Juvenile Advocate, including sanctions
5     and final disposition of those recommendations, as well as
6     reviews or investigation of services contracted by the
7     Department of Juvenile Justice, but not contain any
8     confidential or identifying information concerning the
9     subjects of the reports and investigations; and
10         (3) any recommendations that the Juvenile Advocate has
11     in relation to administrative actions and matters for
12     consideration by the General Assembly.
13     (b) The Juvenile Advocate shall make recommendations to the
14 Director of Juvenile Justice concerning sanctions or
15 disciplinary actions against Department employees or providers
16 of service under contract to the Department. The Director of
17 Juvenile Justice shall provide the Juvenile Advocate with an
18 implementation report on the status of any corrective actions
19 taken on recommendations under review and shall continue
20 sending updated reports until the corrective action is
21 completed. Any investigation conducted by the Juvenile
22 Advocate shall be independent and separate from the
23 investigation mandated by the Abused and Neglected Child
24 Reporting Act.
25     (c) If the Juvenile Advocate determines that a possible
26 criminal act has been committed, or that special expertise is

 

 

09500HB4988ham001 - 29 - LRB095 17571 LCT 47482 a

1 required in the investigation, he or she shall immediately
2 notify the Department of State Police. All investigations
3 conducted by the Juvenile Advocate shall be conducted in a
4 manner designed to ensure the preservation of evidence for
5 possible use in a criminal prosecution. The following cases
6 shall be reported immediately to the Director of Juvenile
7 Justice, the Governor, and, as necessary, law enforcement if
8 they are particularly serious or flagrant:
9         (1) case of abuse or injury of a child committed to the
10     Department of Juvenile Justice;
11         (2) misconduct, misfeasance, malfeasance, or serious
12     violations of rules concerning the administration of a
13     Department of Juvenile Justice program or operation;
14         (3) problem concerning the delivery of services in a
15     facility operated by or under contract with the Department
16     of Juvenile Justice; or
17         (4) interference by the Department of Juvenile Justice
18     with an investigation conducted by the Office.
 
19     (730 ILCS 5/3-2.5-85 new)
20     Sec. 3-2.5-85. Communication and confidentiality.
21     (a) The Department of Juvenile Justice shall allow any
22 child committed to the Department of Juvenile Justice to
23 communicate with the Juvenile Advocate or an assistant to the
24 Advocate. The communication:
25         (1) may be in person, by phone, by mail, or by any

 

 

09500HB4988ham001 - 30 - LRB095 17571 LCT 47482 a

1     other means; and
2         (2) is confidential and privileged.
3     (b) The records of the Juvenile Advocate are confidential,
4 except that the Advocate shall:
5         (1) share with the Director of Juvenile Justice a
6     communication with a child that may involve the abuse or
7     neglect of the child; and
8         (2) disclose its nonprivileged records if required by a
9     court order on a showing of good cause.
10     (c) The Juvenile Advocate may make reports relating to an
11 investigation public after the investigation is complete but
12 only if the names of all children, parents, and employees are
13 redacted from the report and remain confidential.
14     (d) The name, address, or other personally identifiable
15 information of a person who files a complaint with the Office
16 of Juvenile Advocate, information generated by the Office of
17 Juvenile Advocate in the course of an investigation, and
18 confidential records obtained by the Office of Juvenile
19 Advocate are confidential and not subject to disclosure under
20 the Freedom of Information Act, except that the information and
21 records, other than confidential information and records
22 concerning a pending law enforcement investigation or criminal
23 action, may be disclosed to the appropriate person if the
24 office determines that disclosure is:
25         (1) in the general public interest;
26         (2) necessary to enable the office to perform the

 

 

09500HB4988ham001 - 31 - LRB095 17571 LCT 47482 a

1     responsibilities provided under this section; or
2         (3) necessary to identify, prevent, or treat the abuse
3     or neglect of a child.
 
4     (730 ILCS 5/3-2.5-90 new)
5     Sec. 3-2.5-90. Promotion of awareness of Office. The
6 Juvenile Advocate shall promote awareness among the public and
7 the children committed to the Department of Juvenile Justice
8 of:
9         (1) how the Office may be contacted;
10         (2) the purpose of the Office;
11         (3) the confidential nature of communications; and
12         (4) the services the Office provides.
 
13     (730 ILCS 5/3-2.5-95 new)
14     Sec. 3-2.5-95. Duties and powers.
15     (a) The Juvenile Advocate shall:
16         (1) review and monitor the implementation of the
17     policies and regulations established by the Department of
18     Juvenile Justice and evaluate the delivery of services to
19     minors to ensure that the rights of minors are fully
20     observed;
21         (2) review complaints filed with the Juvenile Advocate
22     concerning the actions of the Department of Juvenile
23     Justice and investigate each complaint in which it appears
24     that a minor may be in need of assistance;

 

 

09500HB4988ham001 - 32 - LRB095 17571 LCT 47482 a

1         (3) conduct investigations of complaints, other than
2     complaints alleging criminal behavior, if the Office
3     determines that:
4             (A) a minor committed to the Department of Juvenile
5         Justice or the minor's family may be in need of
6         assistance from the Office; or
7             (B) a systemic issue in the Department of Juvenile
8         Justice's provision of services is raised by a
9         complaint;
10         (4) review or inspect periodically the facilities and
11     procedures of any institution or residence in which a minor
12     has been placed by the Department of Juvenile Justice to
13     ensure that the rights of minors are fully observed;
14         (5) serve as a resource to youth committed to the
15     department by informing them of pertinent laws,
16     regulations, and policies, and their rights thereunder;
17         (6) provide assistance to a minor or family who the
18     Juvenile Advocate determines is in need of assistance,
19     including advocating with an agency, provider, or other
20     person in the best interests of the minor;
21         (7) review court orders as necessary to fulfill its
22     duties;
23         (8) recommend policies, regulations, and legislation
24     designed to protect youth committed to the Department of
25     Juvenile Justice;
26         (9) make appropriate referrals under any of the duties

 

 

09500HB4988ham001 - 33 - LRB095 17571 LCT 47482 a

1     and powers listed in this subsection; and
2         (10) supervise those serving as advocates in their
3     representation of minors committed to the Department of
4     Juvenile Justice in internal administrative and
5     disciplinary hearings.
6     (b) The Juvenile Advocate may apprise persons who are
7 interested in a minor's welfare of the rights of the minor.
8     (c) To assess if a minor's rights have been violated, the
9 Juvenile Advocate may, in any matter that does not involve
10 alleged criminal behavior, contact or consult with an
11 administrator, employee, minor, parent, expert, or any other
12 individual in the course of its investigation or to secure
13 information.
14     (d) Notwithstanding any other provision of law, the
15 Juvenile Advocate may not investigate alleged criminal
16 behavior. If the Juvenile Advocate determines that a possible
17 criminal act has been committed, or that special expertise is
18 required in the investigation, he or she shall immediately
19 notify the Department of State Police.
 
20     (730 ILCS 5/3-2.5-100 new)
21     Sec. 3-2.5-100. Retaliation. The Department of Juvenile
22 Justice may not discharge, demote, or in any manner
23 discriminate or retaliate against an employee who in good faith
24 makes a complaint to the Office of Juvenile Advocate or
25 cooperates with the Office in an investigation.
 

 

 

09500HB4988ham001 - 34 - LRB095 17571 LCT 47482 a

1     (730 ILCS 5/3-2.5-105 new)
2     Sec. 3-2.5-105. Training. The Juvenile Advocate may attend
3 appropriate professional training.
 
4     (730 ILCS 5/3-2.5-110 new)
5     Sec. 3-2.5-110. Access to information of governmental
6 entities.
7     (a) The Department of Juvenile Justice shall allow the
8 Juvenile Advocate access to its records relating to minors
9 committed to the Department's care or custody.
10     (b) A local law enforcement agency shall allow the Juvenile
11 Advocate access to its records relating to any minor in the
12 care or custody of the Department of Juvenile Justice.
 
13     (730 ILCS 5/3-2.5-115 new)
14     Sec. 3-2.5-115. Notification to the Office of the Juvenile
15 Advocate of critical incidents. The Office of the Juvenile
16 Advocate shall receive copies of critical incident reports
17 involving a youth residing in a facility operated by the
18 department.
 
19     Section 15. The Freedom of Information Act is amended by
20 changing Section 7 as follows:
 
21     (5 ILCS 140/7)  (from Ch. 116, par. 207)

 

 

09500HB4988ham001 - 35 - LRB095 17571 LCT 47482 a

1     Sec. 7. Exemptions.
2     (1) The following shall be exempt from inspection and
3 copying:
4         (a) Information specifically prohibited from
5     disclosure by federal or State law or rules and regulations
6     adopted under federal or State law.
7         (b) Information that, if disclosed, would constitute a
8     clearly unwarranted invasion of personal privacy, unless
9     the disclosure is consented to in writing by the individual
10     subjects of the information. The disclosure of information
11     that bears on the public duties of public employees and
12     officials shall not be considered an invasion of personal
13     privacy. Information exempted under this subsection (b)
14     shall include but is not limited to:
15             (i) files and personal information maintained with
16         respect to clients, patients, residents, students or
17         other individuals receiving social, medical,
18         educational, vocational, financial, supervisory or
19         custodial care or services directly or indirectly from
20         federal agencies or public bodies;
21             (ii) personnel files and personal information
22         maintained with respect to employees, appointees or
23         elected officials of any public body or applicants for
24         those positions;
25             (iii) files and personal information maintained
26         with respect to any applicant, registrant or licensee

 

 

09500HB4988ham001 - 36 - LRB095 17571 LCT 47482 a

1         by any public body cooperating with or engaged in
2         professional or occupational registration, licensure
3         or discipline;
4             (iv) information required of any taxpayer in
5         connection with the assessment or collection of any tax
6         unless disclosure is otherwise required by State
7         statute;
8             (v) information revealing the identity of persons
9         who file complaints with or provide information to
10         administrative, investigative, law enforcement or
11         penal agencies; provided, however, that identification
12         of witnesses to traffic accidents, traffic accident
13         reports, and rescue reports may be provided by agencies
14         of local government, except in a case for which a
15         criminal investigation is ongoing, without
16         constituting a clearly unwarranted per se invasion of
17         personal privacy under this subsection; and
18             (vi) the names, addresses, or other personal
19         information of participants and registrants in park
20         district, forest preserve district, and conservation
21         district programs.
22         (c) Records compiled by any public body for
23     administrative enforcement proceedings and any law
24     enforcement or correctional agency for law enforcement
25     purposes or for internal matters of a public body, but only
26     to the extent that disclosure would:

 

 

09500HB4988ham001 - 37 - LRB095 17571 LCT 47482 a

1             (i) interfere with pending or actually and
2         reasonably contemplated law enforcement proceedings
3         conducted by any law enforcement or correctional
4         agency;
5             (ii) interfere with pending administrative
6         enforcement proceedings conducted by any public body;
7             (iii) deprive a person of a fair trial or an
8         impartial hearing;
9             (iv) unavoidably disclose the identity of a
10         confidential source or confidential information
11         furnished only by the confidential source;
12             (v) disclose unique or specialized investigative
13         techniques other than those generally used and known or
14         disclose internal documents of correctional agencies
15         related to detection, observation or investigation of
16         incidents of crime or misconduct;
17             (vi) constitute an invasion of personal privacy
18         under subsection (b) of this Section;
19             (vii) endanger the life or physical safety of law
20         enforcement personnel or any other person; or
21             (viii) obstruct an ongoing criminal investigation.
22         (d) Criminal history record information maintained by
23     State or local criminal justice agencies, except the
24     following which shall be open for public inspection and
25     copying:
26             (i) chronologically maintained arrest information,

 

 

09500HB4988ham001 - 38 - LRB095 17571 LCT 47482 a

1         such as traditional arrest logs or blotters;
2             (ii) the name of a person in the custody of a law
3         enforcement agency and the charges for which that
4         person is being held;
5             (iii) court records that are public;
6             (iv) records that are otherwise available under
7         State or local law; or
8             (v) records in which the requesting party is the
9         individual identified, except as provided under part
10         (vii) of paragraph (c) of subsection (1) of this
11         Section.
12         "Criminal history record information" means data
13     identifiable to an individual and consisting of
14     descriptions or notations of arrests, detentions,
15     indictments, informations, pre-trial proceedings, trials,
16     or other formal events in the criminal justice system or
17     descriptions or notations of criminal charges (including
18     criminal violations of local municipal ordinances) and the
19     nature of any disposition arising therefrom, including
20     sentencing, court or correctional supervision,
21     rehabilitation and release. The term does not apply to
22     statistical records and reports in which individuals are
23     not identified and from which their identities are not
24     ascertainable, or to information that is for criminal
25     investigative or intelligence purposes.
26         (e) Records that relate to or affect the security of

 

 

09500HB4988ham001 - 39 - LRB095 17571 LCT 47482 a

1     correctional institutions and detention facilities.
2         (f) Preliminary drafts, notes, recommendations,
3     memoranda and other records in which opinions are
4     expressed, or policies or actions are formulated, except
5     that a specific record or relevant portion of a record
6     shall not be exempt when the record is publicly cited and
7     identified by the head of the public body. The exemption
8     provided in this paragraph (f) extends to all those records
9     of officers and agencies of the General Assembly that
10     pertain to the preparation of legislative documents.
11         (g) Trade secrets and commercial or financial
12     information obtained from a person or business where the
13     trade secrets or information are proprietary, privileged
14     or confidential, or where disclosure of the trade secrets
15     or information may cause competitive harm, including:
16             (i) All information determined to be confidential
17         under Section 4002 of the Technology Advancement and
18         Development Act.
19             (ii) All trade secrets and commercial or financial
20         information obtained by a public body, including a
21         public pension fund, from a private equity fund or a
22         privately held company within the investment portfolio
23         of a private equity fund as a result of either
24         investing or evaluating a potential investment of
25         public funds in a private equity fund. The exemption
26         contained in this item does not apply to the aggregate

 

 

09500HB4988ham001 - 40 - LRB095 17571 LCT 47482 a

1         financial performance information of a private equity
2         fund, nor to the identity of the fund's managers or
3         general partners. The exemption contained in this item
4         does not apply to the identity of a privately held
5         company within the investment portfolio of a private
6         equity fund, unless the disclosure of the identity of a
7         privately held company may cause competitive harm.
8     Nothing contained in this paragraph (g) shall be construed
9 to prevent a person or business from consenting to disclosure.
10         (h) Proposals and bids for any contract, grant, or
11     agreement, including information which if it were
12     disclosed would frustrate procurement or give an advantage
13     to any person proposing to enter into a contractor
14     agreement with the body, until an award or final selection
15     is made. Information prepared by or for the body in
16     preparation of a bid solicitation shall be exempt until an
17     award or final selection is made.
18         (i) Valuable formulae, computer geographic systems,
19     designs, drawings and research data obtained or produced by
20     any public body when disclosure could reasonably be
21     expected to produce private gain or public loss. The
22     exemption for "computer geographic systems" provided in
23     this paragraph (i) does not extend to requests made by news
24     media as defined in Section 2 of this Act when the
25     requested information is not otherwise exempt and the only
26     purpose of the request is to access and disseminate

 

 

09500HB4988ham001 - 41 - LRB095 17571 LCT 47482 a

1     information regarding the health, safety, welfare, or
2     legal rights of the general public.
3         (j) Test questions, scoring keys and other examination
4     data used to administer an academic examination or
5     determined the qualifications of an applicant for a license
6     or employment.
7         (k) Architects' plans, engineers' technical
8     submissions, and other construction related technical
9     documents for projects not constructed or developed in
10     whole or in part with public funds and the same for
11     projects constructed or developed with public funds, but
12     only to the extent that disclosure would compromise
13     security, including but not limited to water treatment
14     facilities, airport facilities, sport stadiums, convention
15     centers, and all government owned, operated, or occupied
16     buildings.
17         (l) Library circulation and order records identifying
18     library users with specific materials.
19         (m) Minutes of meetings of public bodies closed to the
20     public as provided in the Open Meetings Act until the
21     public body makes the minutes available to the public under
22     Section 2.06 of the Open Meetings Act.
23         (n) Communications between a public body and an
24     attorney or auditor representing the public body that would
25     not be subject to discovery in litigation, and materials
26     prepared or compiled by or for a public body in

 

 

09500HB4988ham001 - 42 - LRB095 17571 LCT 47482 a

1     anticipation of a criminal, civil or administrative
2     proceeding upon the request of an attorney advising the
3     public body, and materials prepared or compiled with
4     respect to internal audits of public bodies.
5         (o) Information received by a primary or secondary
6     school, college or university under its procedures for the
7     evaluation of faculty members by their academic peers.
8         (p) Administrative or technical information associated
9     with automated data processing operations, including but
10     not limited to software, operating protocols, computer
11     program abstracts, file layouts, source listings, object
12     modules, load modules, user guides, documentation
13     pertaining to all logical and physical design of
14     computerized systems, employee manuals, and any other
15     information that, if disclosed, would jeopardize the
16     security of the system or its data or the security of
17     materials exempt under this Section.
18         (q) Documents or materials relating to collective
19     negotiating matters between public bodies and their
20     employees or representatives, except that any final
21     contract or agreement shall be subject to inspection and
22     copying.
23         (r) Drafts, notes, recommendations and memoranda
24     pertaining to the financing and marketing transactions of
25     the public body. The records of ownership, registration,
26     transfer, and exchange of municipal debt obligations, and

 

 

09500HB4988ham001 - 43 - LRB095 17571 LCT 47482 a

1     of persons to whom payment with respect to these
2     obligations is made.
3         (s) The records, documents and information relating to
4     real estate purchase negotiations until those negotiations
5     have been completed or otherwise terminated. With regard to
6     a parcel involved in a pending or actually and reasonably
7     contemplated eminent domain proceeding under the Eminent
8     Domain Act, records, documents and information relating to
9     that parcel shall be exempt except as may be allowed under
10     discovery rules adopted by the Illinois Supreme Court. The
11     records, documents and information relating to a real
12     estate sale shall be exempt until a sale is consummated.
13         (t) Any and all proprietary information and records
14     related to the operation of an intergovernmental risk
15     management association or self-insurance pool or jointly
16     self-administered health and accident cooperative or pool.
17         (u) Information concerning a university's adjudication
18     of student or employee grievance or disciplinary cases, to
19     the extent that disclosure would reveal the identity of the
20     student or employee and information concerning any public
21     body's adjudication of student or employee grievances or
22     disciplinary cases, except for the final outcome of the
23     cases.
24         (v) Course materials or research materials used by
25     faculty members.
26         (w) Information related solely to the internal

 

 

09500HB4988ham001 - 44 - LRB095 17571 LCT 47482 a

1     personnel rules and practices of a public body.
2         (x) Information contained in or related to
3     examination, operating, or condition reports prepared by,
4     on behalf of, or for the use of a public body responsible
5     for the regulation or supervision of financial
6     institutions or insurance companies, unless disclosure is
7     otherwise required by State law.
8         (y) Information the disclosure of which is restricted
9     under Section 5-108 of the Public Utilities Act.
10         (z) Manuals or instruction to staff that relate to
11     establishment or collection of liability for any State tax
12     or that relate to investigations by a public body to
13     determine violation of any criminal law.
14         (aa) Applications, related documents, and medical
15     records received by the Experimental Organ Transplantation
16     Procedures Board and any and all documents or other records
17     prepared by the Experimental Organ Transplantation
18     Procedures Board or its staff relating to applications it
19     has received.
20         (bb) Insurance or self insurance (including any
21     intergovernmental risk management association or self
22     insurance pool) claims, loss or risk management
23     information, records, data, advice or communications.
24         (cc) Information and records held by the Department of
25     Public Health and its authorized representatives relating
26     to known or suspected cases of sexually transmissible

 

 

09500HB4988ham001 - 45 - LRB095 17571 LCT 47482 a

1     disease or any information the disclosure of which is
2     restricted under the Illinois Sexually Transmissible
3     Disease Control Act.
4         (dd) Information the disclosure of which is exempted
5     under Section 30 of the Radon Industry Licensing Act.
6         (ee) Firm performance evaluations under Section 55 of
7     the Architectural, Engineering, and Land Surveying
8     Qualifications Based Selection Act.
9         (ff) Security portions of system safety program plans,
10     investigation reports, surveys, schedules, lists, data, or
11     information compiled, collected, or prepared by or for the
12     Regional Transportation Authority under Section 2.11 of
13     the Regional Transportation Authority Act or the St. Clair
14     County Transit District under the Bi-State Transit Safety
15     Act.
16         (gg) Information the disclosure of which is restricted
17     and exempted under Section 50 of the Illinois Prepaid
18     Tuition Act.
19         (hh) Information the disclosure of which is exempted
20     under the State Officials and Employees Ethics Act.
21         (ii) Beginning July 1, 1999, information that would
22     disclose or might lead to the disclosure of secret or
23     confidential information, codes, algorithms, programs, or
24     private keys intended to be used to create electronic or
25     digital signatures under the Electronic Commerce Security
26     Act.

 

 

09500HB4988ham001 - 46 - LRB095 17571 LCT 47482 a

1         (jj) Information contained in a local emergency energy
2     plan submitted to a municipality in accordance with a local
3     emergency energy plan ordinance that is adopted under
4     Section 11-21.5-5 of the Illinois Municipal Code.
5         (kk) Information and data concerning the distribution
6     of surcharge moneys collected and remitted by wireless
7     carriers under the Wireless Emergency Telephone Safety
8     Act.
9         (ll) Vulnerability assessments, security measures, and
10     response policies or plans that are designed to identify,
11     prevent, or respond to potential attacks upon a community's
12     population or systems, facilities, or installations, the
13     destruction or contamination of which would constitute a
14     clear and present danger to the health or safety of the
15     community, but only to the extent that disclosure could
16     reasonably be expected to jeopardize the effectiveness of
17     the measures or the safety of the personnel who implement
18     them or the public. Information exempt under this item may
19     include such things as details pertaining to the
20     mobilization or deployment of personnel or equipment, to
21     the operation of communication systems or protocols, or to
22     tactical operations.
23         (mm) Maps and other records regarding the location or
24     security of generation, transmission, distribution,
25     storage, gathering, treatment, or switching facilities
26     owned by a utility or by the Illinois Power Agency.

 

 

09500HB4988ham001 - 47 - LRB095 17571 LCT 47482 a

1         (nn) Law enforcement officer identification
2     information or driver identification information compiled
3     by a law enforcement agency or the Department of
4     Transportation under Section 11-212 of the Illinois
5     Vehicle Code.
6         (oo) Records and information provided to a residential
7     health care facility resident sexual assault and death
8     review team or the Executive Council under the Abuse
9     Prevention Review Team Act.
10         (pp) Information provided to the predatory lending
11     database created pursuant to Article 3 of the Residential
12     Real Property Disclosure Act, except to the extent
13     authorized under that Article.
14         (qq) Defense budgets and petitions for certification
15     of compensation and expenses for court appointed trial
16     counsel as provided under Sections 10 and 15 of the Capital
17     Crimes Litigation Act. This subsection (qq) shall apply
18     until the conclusion of the trial of the case, even if the
19     prosecution chooses not to pursue the death penalty prior
20     to trial or sentencing.
21         (rr) Information contained in or related to proposals,
22     bids, or negotiations related to electric power
23     procurement under Section 1-75 of the Illinois Power Agency
24     Act and Section 16-111.5 of the Public Utilities Act that
25     is determined to be confidential and proprietary by the
26     Illinois Power Agency or by the Illinois Commerce

 

 

09500HB4988ham001 - 48 - LRB095 17571 LCT 47482 a

1     Commission.
2         (ss) Information and records collected by the Juvenile
3     Advocate or his or her employees, except as provided by
4     Section 3-2.5-85.
5     (2) This Section does not authorize withholding of
6 information or limit the availability of records to the public,
7 except as stated in this Section or otherwise provided in this
8 Act.
9 (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
10 eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
11 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
12 8-28-07.)
 
13     Section 95. No acceleration or delay. Where this Act makes
14 changes in a statute that is represented in this Act by text
15 that is not yet or no longer in effect (for example, a Section
16 represented by multiple versions), the use of that text does
17 not accelerate or delay the taking effect of (i) the changes
18 made by this Act or (ii) provisions derived from any other
19 Public Act.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".