Full Text of HB0111 102nd General Assembly
HB0111 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0111 Introduced 1/14/2021, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 20 ILCS 505/17a-9 | from Ch. 23, par. 5017a-9 |
705 ILCS 405/5-105 |
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Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission in its annual submission of recommendations to the Governor and General Assembly shall include recommendations regarding the inclusion of emerging adults into a developmentally appropriate justice system, reducing recidivism, and preventing deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides in the Article concerning delinquent minors that on and after January 1, 2022, "delinquent minor" includes a minor who prior to his or her 19th birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law, or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that on and after January 1, 2024, "delinquent minor" includes a minor who prior to his or her 21st birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that the changes made by the amendatory Act apply to violations or attempted violations committed on or after the effective date of the amendatory Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning juveniles.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 17a-9 as follows: | 6 | | (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9) | 7 | | Sec. 17a-9. Illinois Juvenile Justice Commission. | 8 | | (a) There is hereby created
the Illinois Juvenile Justice | 9 | | Commission which shall consist of 25 persons
appointed by the | 10 | | Governor.
The Chairperson of the Commission shall be appointed | 11 | | by the Governor. Of
the initial appointees, 8 shall serve a | 12 | | one-year term, 8 shall serve a two-year
term and 9 shall serve | 13 | | a three-year term. Thereafter, each successor
shall serve a | 14 | | three-year term. Vacancies shall be filled in the same manner
| 15 | | as original appointments. Once appointed, members shall serve | 16 | | until their
successors are appointed and qualified. Members | 17 | | shall serve without
compensation,
except they shall be | 18 | | reimbursed for their actual expenses in the performance
of | 19 | | their duties.
The Commission shall carry out the rights, | 20 | | powers and duties established
in subparagraph (3) of paragraph | 21 | | (a) of Section 223 of the Federal "Juvenile
Justice and | 22 | | Delinquency Prevention Act of 1974", as now or hereafter | 23 | | amended.
The Commission shall determine the priorities for |
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| 1 | | expenditure of funds made
available to the State by the | 2 | | Federal Government pursuant to that Act.
The Commission shall | 3 | | have the following powers and duties: | 4 | | (1) Development, review and final approval of the | 5 | | State's juvenile justice
plan for funds under the Federal | 6 | | "Juvenile Justice and Delinquency Prevention
Act of 1974"; | 7 | | (2) Review and approve or disapprove juvenile justice | 8 | | and delinquency
prevention grant applications to the | 9 | | Department for federal funds under that Act; | 10 | | (3) Annual submission of recommendations to the | 11 | | Governor and the General
Assembly concerning matters | 12 | | relative to its function , including recommendations | 13 | | regarding the inclusion of emerging adults into a | 14 | | developmentally appropriate justice system, reducing | 15 | | recidivism, and preventing deeper criminal involvement ; | 16 | | (4) Responsibility for the review of funds allocated | 17 | | to Illinois under
the "Juvenile Justice and Delinquency | 18 | | Prevention Act of 1974" to ensure
compliance with all | 19 | | relevant federal laws and regulations; | 20 | | (5) Function as the advisory committee for the State
| 21 | | Youth and Community Services Program as authorized under | 22 | | Section 17 of this
Act, and in that capacity be authorized | 23 | | and empowered to assist and advise the
Secretary of Human | 24 | | Services on matters related to juvenile
justice and | 25 | | delinquency prevention programs and services; and | 26 | | (6) Study the impact of, develop timelines, and |
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| 1 | | propose a funding structure to accommodate the expansion | 2 | | of the jurisdiction of the Illinois Juvenile Court to | 3 | | include youth age 17 under the jurisdiction of the | 4 | | Juvenile Court Act of 1987. The Commission shall submit a | 5 | | report by December 31, 2011 to the General Assembly with | 6 | | recommendations on extending juvenile court jurisdiction | 7 | | to youth age 17 charged with felony offenses. | 8 | | (b) On the effective date of this amendatory Act of the | 9 | | 96th General Assembly, the Illinois Juvenile Jurisdiction Task | 10 | | Force created by Public Act 95-1031 is abolished and its | 11 | | duties are transferred to the Illinois Juvenile Justice | 12 | | Commission as provided in paragraph (6) of subsection (a) of | 13 | | this Section. | 14 | | (Source: P.A. 96-1199, eff. 1-1-11.) | 15 | | Section 10. The Juvenile Court Act of 1987 is amended by | 16 | | changing Section 5-105 as follows:
| 17 | | (705 ILCS 405/5-105)
| 18 | | Sec. 5-105. Definitions. As used in this Article:
| 19 | | (1) "Aftercare release" means the conditional and | 20 | | revocable release of an adjudicated delinquent juvenile | 21 | | committed to the Department of Juvenile Justice under the | 22 | | supervision of the Department of Juvenile Justice. | 23 | | (1.5) "Court" means the circuit court in a session or | 24 | | division
assigned to hear proceedings under this Act, and |
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| 1 | | includes the term Juvenile
Court.
| 2 | | (2) "Community service" means uncompensated labor for | 3 | | a community service
agency as hereinafter defined.
| 4 | | (2.5) "Community service agency" means a | 5 | | not-for-profit organization,
community
organization, | 6 | | church, charitable organization, individual, public | 7 | | office,
or other public body whose purpose is to enhance
| 8 | | the physical or mental health of a delinquent minor or to | 9 | | rehabilitate the
minor, or to improve the environmental | 10 | | quality or social welfare of the
community which agrees to | 11 | | accept community service from juvenile delinquents
and to | 12 | | report on the progress of the community service to the | 13 | | State's
Attorney pursuant to an agreement or to the court | 14 | | or to any agency designated
by the court or to the | 15 | | authorized diversion program that has referred the
| 16 | | delinquent minor for community service.
| 17 | | (3) "Delinquent minor" means any minor who prior to | 18 | | his or her 18th birthday has violated or attempted to | 19 | | violate, regardless of where the act occurred, any | 20 | | federal, State, county or municipal law or ordinance. On | 21 | | and after January 1, 2022, "delinquent minor" includes a | 22 | | minor who prior to his or her 19th birthday has violated or | 23 | | attempted to violate, regardless of where the act | 24 | | occurred, a federal law or State law, or county or | 25 | | municipal ordinance, and the law or ordinance is | 26 | | classified as a misdemeanor offense. On and after January |
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| 1 | | 1, 2024, "delinquent minor" includes a minor who prior to | 2 | | his or her 21st birthday has violated or attempted to | 3 | | violate, regardless of where the act occurred, a federal | 4 | | law or State law, or county or municipal ordinance, and | 5 | | the law or ordinance is classified as a misdemeanor | 6 | | offense. The changes made by this amendatory Act of the | 7 | | 102nd General Assembly apply to violations or attempted | 8 | | violations committed on or after the effective date of | 9 | | this amendatory Act of the 102nd General Assembly.
| 10 | | (4) "Department" means the Department of Human | 11 | | Services unless specifically
referenced as another | 12 | | department.
| 13 | | (5) "Detention" means the temporary care of a minor | 14 | | who is alleged to be or
has been adjudicated
delinquent | 15 | | and who requires secure custody for the minor's own
| 16 | | protection or the community's protection in a facility | 17 | | designed to physically
restrict the minor's movements, | 18 | | pending disposition by the court or
execution of an order | 19 | | of the court for placement or commitment. Design
features | 20 | | that physically restrict movement include, but are not | 21 | | limited to,
locked rooms and the secure handcuffing of a | 22 | | minor to a rail or other
stationary object. In addition, | 23 | | "detention" includes the court ordered
care of an alleged | 24 | | or adjudicated delinquent minor who requires secure
| 25 | | custody pursuant to Section 5-125 of this Act.
| 26 | | (6) "Diversion" means the referral of a juvenile, |
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| 1 | | without court
intervention,
into a program that provides | 2 | | services designed to educate the juvenile and
develop a | 3 | | productive and responsible approach to living in the | 4 | | community.
| 5 | | (7) "Juvenile detention home" means a public facility | 6 | | with specially trained
staff that conforms to the county | 7 | | juvenile detention standards adopted by
the Department of | 8 | | Juvenile Justice.
| 9 | | (8) "Juvenile justice continuum" means a set of | 10 | | delinquency prevention
programs and services designed for | 11 | | the purpose of preventing or reducing
delinquent acts, | 12 | | including criminal activity by youth gangs, as well as
| 13 | | intervention, rehabilitation, and prevention services | 14 | | targeted at minors who
have committed delinquent acts,
and | 15 | | minors who have previously been committed to residential | 16 | | treatment programs
for delinquents. The term includes | 17 | | children-in-need-of-services and
| 18 | | families-in-need-of-services programs; aftercare and | 19 | | reentry services;
substance abuse and mental health | 20 | | programs;
community service programs; community service
| 21 | | work programs; and alternative-dispute resolution programs | 22 | | serving
youth-at-risk of delinquency and their families, | 23 | | whether offered or delivered
by State or
local | 24 | | governmental entities, public or private for-profit or | 25 | | not-for-profit
organizations, or religious or charitable | 26 | | organizations. This term would also
encompass any program |
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| 1 | | or service consistent with the purpose of those programs
| 2 | | and services enumerated in this subsection.
| 3 | | (9) "Juvenile police officer" means a sworn police | 4 | | officer who has completed
a Basic Recruit Training Course, | 5 | | has been assigned to the position of juvenile
police | 6 | | officer by his or her chief law enforcement officer and | 7 | | has completed
the necessary juvenile officers training as | 8 | | prescribed by the Illinois Law
Enforcement Training | 9 | | Standards Board, or in the case of a State police officer,
| 10 | | juvenile officer training approved by the Director of | 11 | | State
Police.
| 12 | | (10) "Minor" means a person under the age of 21 years | 13 | | subject to this Act.
| 14 | | (11) "Non-secure custody" means confinement where the | 15 | | minor is not
physically
restricted by being placed in a | 16 | | locked cell or room, by being handcuffed to a
rail or other | 17 | | stationary object, or by other means. Non-secure custody | 18 | | may
include, but is not limited to, electronic monitoring, | 19 | | foster home placement,
home confinement, group home | 20 | | placement, or physical restriction of movement or
activity | 21 | | solely through facility staff.
| 22 | | (12) "Public or community service" means uncompensated | 23 | | labor for a
not-for-profit organization
or public body | 24 | | whose purpose is to enhance physical or mental stability | 25 | | of the
offender, environmental quality or the social | 26 | | welfare and which agrees to
accept public or community |
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| 1 | | service from offenders and to report on the progress
of | 2 | | the offender and the public or community service to the | 3 | | court or to the
authorized diversion program that has | 4 | | referred the offender for public or
community
service. | 5 | | "Public or community service" does not include blood | 6 | | donation or assignment to labor at a blood bank. For the | 7 | | purposes of this Act, "blood bank" has the meaning | 8 | | ascribed to the term in Section 2-124 of the Illinois | 9 | | Clinical Laboratory and Blood Bank Act.
| 10 | | (13) "Sentencing hearing" means a hearing to determine | 11 | | whether a minor
should
be adjudged a ward of the court, and | 12 | | to determine what sentence should be
imposed on the minor. | 13 | | It is the intent of the General Assembly that the term
| 14 | | "sentencing hearing" replace the term "dispositional | 15 | | hearing" and be synonymous
with that definition as it was | 16 | | used in the Juvenile Court Act of 1987.
| 17 | | (14) "Shelter" means the temporary care of a minor in | 18 | | physically
unrestricting facilities pending court | 19 | | disposition or execution of court order
for placement.
| 20 | | (15) "Site" means a not-for-profit organization, | 21 | | public
body, church, charitable organization, or | 22 | | individual agreeing to
accept
community service from | 23 | | offenders and to report on the progress of ordered or
| 24 | | required public or community service to the court or to | 25 | | the authorized
diversion program that has referred the | 26 | | offender for public or community
service.
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| 1 | | (16) "Station adjustment" means the informal or formal | 2 | | handling of an
alleged
offender by a juvenile police | 3 | | officer.
| 4 | | (17) "Trial" means a hearing to determine whether the | 5 | | allegations of a
petition under Section 5-520 that a minor | 6 | | is delinquent are proved beyond a
reasonable doubt. It is | 7 | | the intent of the General Assembly that the term
"trial" | 8 | | replace the term "adjudicatory hearing" and be synonymous | 9 | | with that
definition as it was used in the Juvenile Court | 10 | | Act of 1987.
| 11 | | The changes made to this Section by Public Act 98-61 apply | 12 | | to violations or attempted violations committed on or after | 13 | | January 1, 2014 (the effective date of Public Act 98-61). | 14 | | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685, | 15 | | eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78, | 16 | | eff. 7-20-15.)
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