Illinois General Assembly - Full Text of HB2347
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2347  103rd General Assembly


Rep. Rita Mayfield

Filed: 3/7/2023





10300HB2347ham001LRB103 28294 RLC 58401 a


2    AMENDMENT NO. ______. Amend House Bill 2347 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is
5amended 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
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members



10300HB2347ham001- 2 -LRB103 28294 RLC 58401 a

1shall serve without compensation, except they shall be
2reimbursed for their actual expenses in the performance of
3their duties. The Commission shall carry out the rights,
4powers and duties established in subparagraph (3) of paragraph
5(a) of Section 223 of the Federal "Juvenile Justice and
6Delinquency Prevention Act of 1974", as now or hereafter
7amended. The Commission shall determine the priorities for
8expenditure of funds made available to the State by the
9Federal Government pursuant to that Act. The Commission shall
10have the following powers and duties:
11        (1) Development, review and final approval of the
12    State's juvenile justice plan for funds under the Federal
13    "Juvenile Justice and Delinquency Prevention Act of 1974";
14        (2) Review and approve or disapprove juvenile justice
15    and delinquency prevention grant applications to the
16    Department for federal funds under that Act;
17        (3) Annual submission of recommendations to the
18    Governor and the General Assembly concerning matters
19    relative to its function;
20        (4) Responsibility for the review of funds allocated
21    to Illinois under the "Juvenile Justice and Delinquency
22    Prevention Act of 1974" to ensure compliance with all
23    relevant federal laws and regulations;
24        (5) Function as the advisory committee for the State
25    Youth and Community Services Program as authorized under
26    Section 17 of this Act, and in that capacity be authorized



10300HB2347ham001- 3 -LRB103 28294 RLC 58401 a

1    and empowered to assist and advise the Secretary of Human
2    Services on matters related to juvenile justice and
3    delinquency prevention programs and services; and
4        (5.5) Study and make recommendations to the General
5    Assembly regarding the availability of youth services to
6    reduce the use of detention and prevent deeper criminal
7    involvement; and
8        (6) Study the impact of, develop timelines, and
9    propose a funding structure to accommodate the expansion
10    of the jurisdiction of the Illinois Juvenile Court to
11    include youth age 17 under the jurisdiction of the
12    Juvenile Court Act of 1987. The Commission shall submit a
13    report by December 31, 2011 to the General Assembly with
14    recommendations on extending juvenile court jurisdiction
15    to youth age 17 charged with felony offenses.
16    (b) On the effective date of this amendatory Act of the
1796th General Assembly, the Illinois Juvenile Jurisdiction Task
18Force created by Public Act 95-1031 is abolished and its
19duties are transferred to the Illinois Juvenile Justice
20Commission as provided in paragraph (6) of subsection (a) of
21this Section.
22(Source: P.A. 96-1199, eff. 1-1-11.)
23    Section 10. The Juvenile Court Act of 1987 is amended by
24changing Sections 5-410, 5-710, and 5-750 as follows:



10300HB2347ham001- 4 -LRB103 28294 RLC 58401 a

1    (705 ILCS 405/5-410)
2    Sec. 5-410. Non-secure custody or detention.
3    (1) Placement of a minor away from his or her home must be
4a last resort and the least restrictive alternative available.
5Any minor arrested or taken into custody pursuant to this Act
6who requires care away from his or her home but who does not
7require physical restriction shall be given temporary care in
8a foster family home or other shelter facility designated by
9the court.
10    (2) (a) Any minor 14 10 years of age or older arrested
11pursuant to this Act where there is probable cause to believe
12that the minor is a delinquent minor and that (i) secure
13custody is a matter of immediate and urgent necessity, in
14light of a serious threat to the physical safety of a person or
15persons in the community or in order to secure the presence of
16the minor at the next hearing, as evidenced by a demonstrable
17record of willful failure to appear at a scheduled court
18hearing within the past 12 months, may be kept or detained in
19an authorized detention facility. for the protection of the
20minor or of the person or property of another, (ii) the minor
21is likely to flee the jurisdiction of the court, or (iii) the
22minor was taken into custody under a warrant, may be kept or
23detained in an authorized detention facility. A minor under 13
24years of age shall not be admitted, kept, or detained in a
25detention facility unless a local youth service provider,
26including a provider through the Comprehensive Community Based



10300HB2347ham001- 5 -LRB103 28294 RLC 58401 a

1Youth Services network, has been contacted and has not been
2able to accept the minor. No minor under 14 12 years of age
3shall be detained in a county jail or a municipal lockup for
4more than 6 hours. A minor under the age of 14 who is in
5violation of the law may be the subject of a petition under
6Article III or may be held accountable through a community
7mediation program as set forth in Section 5-310.
8    (a-5) For a minor arrested or taken into custody for
9vehicular hijacking or aggravated vehicular hijacking, a
10previous finding of delinquency for vehicular hijacking or
11aggravated vehicular hijacking shall be given greater weight
12in determining whether secured custody of a minor is a matter
13of immediate and urgent necessity for the protection of the
14minor or of the person or property of another.
15    (b) The written authorization of the probation officer or
16detention officer (or other public officer designated by the
17court in a county having 3,000,000 or more inhabitants)
18constitutes authority for the superintendent of any juvenile
19detention home to detain and keep a minor for up to 40 hours,
20excluding Saturdays, Sundays, and court-designated holidays.
21These records shall be available to the same persons and
22pursuant to the same conditions as are law enforcement records
23as provided in Section 5-905.
24    (b-4) The consultation required by paragraph (b-5) shall
25not be applicable if the probation officer or detention
26officer (or other public officer designated by the court in a



10300HB2347ham001- 6 -LRB103 28294 RLC 58401 a

1county having 3,000,000 or more inhabitants) utilizes a
2scorable detention screening instrument, which has been
3developed with input by the State's Attorney, to determine
4whether a minor should be detained, however, paragraph (b-5)
5shall still be applicable where no such screening instrument
6is used or where the probation officer, detention officer (or
7other public officer designated by the court in a county
8having 3,000,000 or more inhabitants) deviates from the
9screening instrument.
10    (b-5) Subject to the provisions of paragraph (b-4), if a
11probation officer or detention officer (or other public
12officer designated by the court in a county having 3,000,000
13or more inhabitants) does not intend to detain a minor for an
14offense which constitutes one of the following offenses he or
15she shall consult with the State's Attorney's Office prior to
16the release of the minor: first degree murder, second degree
17murder, involuntary manslaughter, criminal sexual assault,
18aggravated criminal sexual assault, aggravated battery with a
19firearm as described in Section 12-4.2 or subdivision (e)(1),
20(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
21heinous battery involving permanent disability or
22disfigurement or great bodily harm, robbery, aggravated
23robbery, armed robbery, vehicular hijacking, aggravated
24vehicular hijacking, vehicular invasion, arson, aggravated
25arson, kidnapping, aggravated kidnapping, home invasion,
26burglary, or residential burglary.



10300HB2347ham001- 7 -LRB103 28294 RLC 58401 a

1    (c) Except as otherwise provided in paragraph (a), (d), or
2(e), no minor shall be detained in a county jail or municipal
3lockup for more than 12 hours, unless the offense is a crime of
4violence in which case the minor may be detained up to 24
5hours. For the purpose of this paragraph, "crime of violence"
6has the meaning ascribed to it in Section 1-10 of the
7Alcoholism and Other Drug Abuse and Dependency Act.
8        (i) The period of detention is deemed to have begun
9    once the minor has been placed in a locked room or cell or
10    handcuffed to a stationary object in a building housing a
11    county jail or municipal lockup. Time spent transporting a
12    minor is not considered to be time in detention or secure
13    custody.
14        (ii) Any minor so confined shall be under periodic
15    supervision and shall not be permitted to come into or
16    remain in contact with adults in custody in the building.
17        (iii) Upon placement in secure custody in a jail or
18    lockup, the minor shall be informed of the purpose of the
19    detention, the time it is expected to last and the fact
20    that it cannot exceed the time specified under this Act.
21        (iv) A log shall be kept which shows the offense which
22    is the basis for the detention, the reasons and
23    circumstances for the decision to detain, and the length
24    of time the minor was in detention.
25        (v) Violation of the time limit on detention in a
26    county jail or municipal lockup shall not, in and of



10300HB2347ham001- 8 -LRB103 28294 RLC 58401 a

1    itself, render inadmissible evidence obtained as a result
2    of the violation of this time limit. Minors under 18 years
3    of age shall be kept separate from confined adults and may
4    not at any time be kept in the same cell, room, or yard
5    with adults confined pursuant to criminal law. Persons 18
6    years of age and older who have a petition of delinquency
7    filed against them may be confined in an adult detention
8    facility. In making a determination whether to confine a
9    person 18 years of age or older who has a petition of
10    delinquency filed against the person, these factors, among
11    other matters, shall be considered:
12            (A) the age of the person;
13            (B) any previous delinquent or criminal history of
14        the person;
15            (C) any previous abuse or neglect history of the
16        person; and
17            (D) any mental health or educational history of
18        the person, or both.
19    (d) (i) If a minor 12 years of age or older is confined in
20a county jail in a county with a population below 3,000,000
21inhabitants, then the minor's confinement shall be implemented
22in such a manner that there will be no contact by sight, sound,
23or otherwise between the minor and adult prisoners. Minors 12
24years of age or older must be kept separate from confined
25adults and may not at any time be kept in the same cell, room,
26or yard with confined adults. This paragraph (d)(i) shall only



10300HB2347ham001- 9 -LRB103 28294 RLC 58401 a

1apply to confinement pending an adjudicatory hearing and shall
2not exceed 40 hours, excluding Saturdays, Sundays, and
3court-designated holidays. To accept or hold minors during
4this time period, county jails shall comply with all
5monitoring standards adopted by the Department of Corrections
6and training standards approved by the Illinois Law
7Enforcement Training Standards Board.
8    (ii) To accept or hold minors, 12 years of age or older,
9after the time period prescribed in paragraph (d)(i) of this
10subsection (2) of this Section but not exceeding 7 days
11including Saturdays, Sundays, and holidays pending an
12adjudicatory hearing, county jails shall comply with all
13temporary detention standards adopted by the Department of
14Corrections and training standards approved by the Illinois
15Law Enforcement Training Standards Board.
16    (iii) To accept or hold minors 12 years of age or older,
17after the time period prescribed in paragraphs (d)(i) and
18(d)(ii) of this subsection (2) of this Section, county jails
19shall comply with all county juvenile detention standards
20adopted by the Department of Juvenile Justice.
21    (e) When a minor who is at least 15 years of age is
22prosecuted under the criminal laws of this State, the court
23may enter an order directing that the juvenile be confined in
24the county jail. However, any juvenile confined in the county
25jail under this provision shall be separated from adults who
26are confined in the county jail in such a manner that there



10300HB2347ham001- 10 -LRB103 28294 RLC 58401 a

1will be no contact by sight, sound or otherwise between the
2juvenile and adult prisoners.
3    (f) For purposes of appearing in a physical lineup, the
4minor may be taken to a county jail or municipal lockup under
5the direct and constant supervision of a juvenile police
6officer. During such time as is necessary to conduct a lineup,
7and while supervised by a juvenile police officer, the sight
8and sound separation provisions shall not apply.
9    (g) For purposes of processing a minor, the minor may be
10taken to a county jail or municipal lockup under the direct and
11constant supervision of a law enforcement officer or
12correctional officer. During such time as is necessary to
13process the minor, and while supervised by a law enforcement
14officer or correctional officer, the sight and sound
15separation provisions shall not apply.
16    (3) If the probation officer or State's Attorney (or such
17other public officer designated by the court in a county
18having 3,000,000 or more inhabitants) determines that the
19minor may be a delinquent minor as described in subsection (3)
20of Section 5-105, and should be retained in custody but does
21not require physical restriction, the minor may be placed in
22non-secure custody for up to 40 hours pending a detention
24    (4) Any minor taken into temporary custody, not requiring
25secure detention, may, however, be detained in the home of his
26or her parent or guardian subject to such conditions as the



10300HB2347ham001- 11 -LRB103 28294 RLC 58401 a

1court may impose.
2    (5) The changes made to this Section by Public Act 98-61
3apply to a minor who has been arrested or taken into custody on
4or after January 1, 2014 (the effective date of Public Act
6(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
7    (705 ILCS 405/5-710)
8    Sec. 5-710. Kinds of sentencing orders.
9    (1) The following kinds of sentencing orders may be made
10in respect of wards of the court:
11        (a) Except as provided in Sections 5-805, 5-810, and
12    5-815, a minor who is found guilty under Section 5-620 may
13    be:
14            (i) put on probation or conditional discharge and
15        released to his or her parents, guardian or legal
16        custodian, provided, however, that any such minor who
17        is not committed to the Department of Juvenile Justice
18        under this subsection and who is found to be a
19        delinquent for an offense which is first degree
20        murder, a Class X felony, or a forcible felony shall be
21        placed on probation;
22            (ii) placed in accordance with Section 5-740, with
23        or without also being put on probation or conditional
24        discharge;
25            (iii) required to undergo a substance abuse



10300HB2347ham001- 12 -LRB103 28294 RLC 58401 a

1        assessment conducted by a licensed provider and
2        participate in the indicated clinical level of care;
3            (iv) on and after January 1, 2015 (the effective
4        date of Public Act 98-803) and before January 1, 2017,
5        placed in the guardianship of the Department of
6        Children and Family Services, but only if the
7        delinquent minor is under 16 years of age or, pursuant
8        to Article II of this Act, a minor under the age of 18
9        for whom an independent basis of abuse, neglect, or
10        dependency exists. On and after January 1, 2017,
11        placed in the guardianship of the Department of
12        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
26        juvenile detention home and the minor so detained



10300HB2347ham001- 13 -LRB103 28294 RLC 58401 a

1        shall be 10 years of age or older. However, the 30-day
2        limitation may be extended by further order of the
3        court for a minor under age 15 committed to the
4        Department of Children and Family Services if the
5        court finds that the minor is a danger to himself or
6        others. The minor shall be given credit on the
7        sentencing order of detention for time spent in
8        detention under Sections 5-501, 5-601, 5-710, or 5-720
9        of this Article as a result of the offense for which
10        the sentencing order was imposed. The court may grant
11        credit on a sentencing order of detention entered
12        under a violation of probation or violation of
13        conditional discharge under Section 5-720 of this
14        Article for time spent in detention before the filing
15        of the petition alleging the violation. A minor shall
16        not be deprived of credit for time spent in detention
17        before the filing of a violation of probation or
18        conditional discharge alleging the same or related act
19        or acts. The limitation that the minor shall only be
20        placed in a juvenile detention home does not apply as
21        follows:
22            Persons 18 years of age and older who have a
23        petition of delinquency filed against them may be
24        confined in an adult detention facility. In making a
25        determination whether to confine a person 18 years of
26        age or older who has a petition of delinquency filed



10300HB2347ham001- 14 -LRB103 28294 RLC 58401 a

1        against the person, these factors, among other
2        matters, shall be considered:
3                (A) the age of the person;
4                (B) any previous delinquent or criminal
5            history of the person;
6                (C) any previous abuse or neglect history of
7            the person;
8                (D) any mental health history of the person;
9            and
10                (E) any educational history of the person;
11            (vi) ordered partially or completely emancipated
12        in accordance with the provisions of the Emancipation
13        of Minors Act;
14            (vii) subject to having his or her driver's
15        license or driving privileges suspended for such time
16        as determined by the court but only until he or she
17        attains 18 years of age;
18            (viii) put on probation or conditional discharge
19        and placed in detention under Section 3-6039 of the
20        Counties Code for a period not to exceed the period of
21        incarceration permitted by law for adults found guilty
22        of the same offense or offenses for which the minor was
23        adjudicated delinquent, and in any event no longer
24        than upon attainment of age 21; this subdivision
25        (viii) notwithstanding any contrary provision of the
26        law;



10300HB2347ham001- 15 -LRB103 28294 RLC 58401 a

1            (ix) ordered to undergo a medical or other
2        procedure to have a tattoo symbolizing allegiance to a
3        street gang removed from his or her body; or
4            (x) placed in electronic monitoring or home
5        detention under Part 7A of this Article.
6        (b) A minor found to be guilty may be committed to the
7    Department of Juvenile Justice under Section 5-750 if the
8    minor is at least 14 13 years and under 20 years of age,
9    provided that the commitment to the Department of Juvenile
10    Justice shall be made only if the minor was found guilty of
11    a felony offense or first degree murder. The court shall
12    include in the sentencing order any pre-custody credits
13    the minor is entitled to under Section 5-4.5-100 of the
14    Unified Code of Corrections. The time during which a minor
15    is in custody before being released upon the request of a
16    parent, guardian or legal custodian shall also be
17    considered as time spent in custody.
18        (c) When a minor is found to be guilty for an offense
19    which is a violation of the Illinois Controlled Substances
20    Act, the Cannabis Control Act, or the Methamphetamine
21    Control and Community Protection Act and made a ward of
22    the court, the court may enter a disposition order
23    requiring the minor to undergo assessment, counseling or
24    treatment in a substance use disorder treatment program
25    approved by the Department of Human Services.
26    (2) Any sentencing order other than commitment to the



10300HB2347ham001- 16 -LRB103 28294 RLC 58401 a

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



10300HB2347ham001- 17 -LRB103 28294 RLC 58401 a

1payments may not exceed the maximum amounts provided for by
2Section 9.1 of the Children and Family Services Act.
3    (6) Whenever the sentencing order requires the minor to
4attend school or participate in a program of training, the
5truant officer or designated school official shall regularly
6report to the court if the minor is a chronic or habitual
7truant under Section 26-2a of the School Code. Notwithstanding
8any other provision of this Act, in instances in which
9educational services are to be provided to a minor in a
10residential facility where the minor has been placed by the
11court, costs incurred in the provision of those educational
12services must be allocated based on the requirements of the
13School Code.
14    (7) In no event shall a guilty minor be committed to the
15Department of Juvenile Justice for a period of time in excess
16of that period for which an adult could be committed for the
17same act. The court shall include in the sentencing order a
18limitation on the period of confinement not to exceed the
19maximum period of imprisonment the court could impose under
20Chapter V of the Unified Code of Corrections.
21    (7.5) In no event shall a guilty minor be committed to the
22Department of Juvenile Justice or placed in detention when the
23act for which the minor was adjudicated delinquent would not
24be illegal if committed by an adult.
25    (7.6) In no event shall a guilty minor be committed to the
26Department of Juvenile Justice for an offense which is a Class



10300HB2347ham001- 18 -LRB103 28294 RLC 58401 a

14 felony under Section 19-4 (criminal trespass to a
2residence), 21-1 (criminal damage to property), 21-1.01
3(criminal damage to government supported property), 21-1.3
4(criminal defacement of property), 26-1 (disorderly conduct),
5or 31-4 (obstructing justice) of the Criminal Code of 2012.
6    (7.75) In no event shall a guilty minor be committed to the
7Department of Juvenile Justice for an offense that is a Class 3
8or Class 4 felony violation of the Illinois Controlled
9Substances Act unless the commitment occurs upon a third or
10subsequent judicial finding of a violation of probation for
11substantial noncompliance with court-ordered treatment or
13    (8) A minor found to be guilty for reasons that include a
14violation of Section 21-1.3 of the Criminal Code of 1961 or the
15Criminal Code of 2012 shall be ordered to perform community
16service for not less than 30 and not more than 120 hours, if
17community service is available in the jurisdiction. The
18community service shall include, but need not be limited to,
19the cleanup and repair of the damage that was caused by the
20violation or similar damage to property located in the
21municipality or county in which the violation occurred. The
22order may be in addition to any other order authorized by this
24    (8.5) A minor found to be guilty for reasons that include a
25violation of Section 3.02 or Section 3.03 of the Humane Care
26for Animals Act or paragraph (d) of subsection (1) of Section



10300HB2347ham001- 19 -LRB103 28294 RLC 58401 a

121-1 of the Criminal Code of 1961 or paragraph (4) of
2subsection (a) of Section 21-1 of the Criminal Code of 2012
3shall be ordered to undergo medical or psychiatric treatment
4rendered by a psychiatrist or psychological treatment rendered
5by a clinical psychologist. The order may be in addition to any
6other order authorized by this Section.
7    (9) In addition to any other sentencing order, the court
8shall order any minor found to be guilty for an act which would
9constitute, predatory criminal sexual assault of a child,
10aggravated criminal sexual assault, criminal sexual assault,
11aggravated criminal sexual abuse, or criminal sexual abuse if
12committed by an adult to undergo medical testing to determine
13whether the defendant has any sexually transmissible disease
14including a test for infection with human immunodeficiency
15virus (HIV) or any other identified causative agency of
16acquired immunodeficiency syndrome (AIDS). Any medical test
17shall be performed only by appropriately licensed medical
18practitioners and may include an analysis of any bodily fluids
19as well as an examination of the minor's person. Except as
20otherwise provided by law, the results of the test shall be
21kept strictly confidential by all medical personnel involved
22in the testing and must be personally delivered in a sealed
23envelope to the judge of the court in which the sentencing
24order was entered for the judge's inspection in camera. Acting
25in accordance with the best interests of the victim and the
26public, the judge shall have the discretion to determine to



10300HB2347ham001- 20 -LRB103 28294 RLC 58401 a

1whom the results of the testing may be revealed. The court
2shall notify the minor of the results of the test for infection
3with the human immunodeficiency virus (HIV). The court shall
4also notify the victim if requested by the victim, and if the
5victim is under the age of 15 and if requested by the victim's
6parents or legal guardian, the court shall notify the victim's
7parents or the legal guardian, of the results of the test for
8infection with the human immunodeficiency virus (HIV). The
9court shall provide information on the availability of HIV
10testing and counseling at the Department of Public Health
11facilities to all parties to whom the results of the testing
12are revealed. The court shall order that the cost of any test
13shall be paid by the county and may be taxed as costs against
14the minor.
15    (10) When a court finds a minor to be guilty the court
16shall, before entering a sentencing order under this Section,
17make a finding whether the offense committed either: (a) was
18related to or in furtherance of the criminal activities of an
19organized gang or was motivated by the minor's membership in
20or allegiance to an organized gang, or (b) involved a
21violation of subsection (a) of Section 12-7.1 of the Criminal
22Code of 1961 or the Criminal Code of 2012, a violation of any
23Section of Article 24 of the Criminal Code of 1961 or the
24Criminal Code of 2012, or a violation of any statute that
25involved the wrongful use of a firearm. If the court
26determines the question in the affirmative, and the court does



10300HB2347ham001- 21 -LRB103 28294 RLC 58401 a

1not commit the minor to the Department of Juvenile Justice,
2the court shall order the minor to perform community service
3for not less than 30 hours nor more than 120 hours, provided
4that community service is available in the jurisdiction and is
5funded and approved by the county board of the county where the
6offense was committed. The community service shall include,
7but need not be limited to, the cleanup and repair of any
8damage caused by a violation of Section 21-1.3 of the Criminal
9Code of 1961 or the Criminal Code of 2012 and similar damage to
10property located in the municipality or county in which the
11violation occurred. When possible and reasonable, the
12community service shall be performed in the minor's
13neighborhood. This order shall be in addition to any other
14order authorized by this Section except for an order to place
15the minor in the custody of the Department of Juvenile
16Justice. For the purposes of this Section, "organized gang"
17has the meaning ascribed to it in Section 10 of the Illinois
18Streetgang Terrorism Omnibus Prevention Act.
19    (11) If the court determines that the offense was
20committed in furtherance of the criminal activities of an
21organized gang, as provided in subsection (10), and that the
22offense involved the operation or use of a motor vehicle or the
23use of a driver's license or permit, the court shall notify the
24Secretary of State of that determination and of the period for
25which the minor shall be denied driving privileges. If, at the
26time of the determination, the minor does not hold a driver's



10300HB2347ham001- 22 -LRB103 28294 RLC 58401 a

1license or permit, the court shall provide that the minor
2shall not be issued a driver's license or permit until his or
3her 18th birthday. If the minor holds a driver's license or
4permit at the time of the determination, the court shall
5provide that the minor's driver's license or permit shall be
6revoked until his or her 21st birthday, or until a later date
7or occurrence determined by the court. If the minor holds a
8driver's license at the time of the determination, the court
9may direct the Secretary of State to issue the minor a judicial
10driving permit, also known as a JDP. The JDP shall be subject
11to the same terms as a JDP issued under Section 6-206.1 of the
12Illinois Vehicle Code, except that the court may direct that
13the JDP be effective immediately.
14    (12) (Blank).
15(Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
16101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
17    (705 ILCS 405/5-750)
18    Sec. 5-750. Commitment to the Department of Juvenile
20    (1) Except as provided in subsection (2) of this Section,
21when any delinquent has been adjudged a ward of the court under
22this Act, the court may commit him or her to the Department of
23Juvenile Justice, if it finds that (a) his or her parents,
24guardian or legal custodian are unfit or are unable, for some
25reason other than financial circumstances alone, to care for,



10300HB2347ham001- 23 -LRB103 28294 RLC 58401 a

1protect, train or discipline the minor, or are unwilling to do
2so, and the best interests of the minor and the public will not
3be served by placement under Section 5-740, or it is necessary
4to ensure the protection of the public from the consequences
5of criminal activity of the delinquent; and (b) commitment to
6the Department of Juvenile Justice is the least restrictive
7alternative based on evidence that efforts were made to locate
8less restrictive alternatives to secure confinement and the
9reasons why efforts were unsuccessful in locating a less
10restrictive alternative to secure confinement. Before the
11court commits a minor to the Department of Juvenile Justice,
12it shall make a finding that secure confinement is necessary,
13following a review of the following individualized factors:
14        (A) Age of the minor.
15        (B) Criminal background of the minor.
16        (C) Review of results of any assessments of the minor,
17    including child centered assessments such as the CANS.
18        (D) Educational background of the minor, indicating
19    whether the minor has ever been assessed for a learning
20    disability, and if so what services were provided as well
21    as any disciplinary incidents at school.
22        (E) Physical, mental and emotional health of the
23    minor, indicating whether the minor has ever been
24    diagnosed with a health issue and if so what services were
25    provided and whether the minor was compliant with
26    services.



10300HB2347ham001- 24 -LRB103 28294 RLC 58401 a

1        (F) Community based services that have been provided
2    to the minor, and whether the minor was compliant with the
3    services, and the reason the services were unsuccessful.
4        (G) Services within the Department of Juvenile Justice
5    that will meet the individualized needs of the minor.
6    (1.5) Before the court commits a minor to the Department
7of Juvenile Justice, the court must find reasonable efforts
8have been made to prevent or eliminate the need for the minor
9to be removed from the home, or reasonable efforts cannot, at
10this time, for good cause, prevent or eliminate the need for
11removal, and removal from home is in the best interests of the
12minor, the minor's family, and the public.
13    (2) When a minor of the age of at least 14 13 years is
14adjudged delinquent for the offense of first degree murder,
15the court shall declare the minor a ward of the court and order
16the minor committed to the Department of Juvenile Justice
17until the minor's 21st birthday, without the possibility of
18aftercare release, furlough, or non-emergency authorized
19absence for a period of 5 years from the date the minor was
20committed to the Department of Juvenile Justice, except that
21the time that a minor spent in custody for the instant offense
22before being committed to the Department of Juvenile Justice
23shall be considered as time credited towards that 5 year
24period. Upon release from a Department facility, a minor
25adjudged delinquent for first degree murder shall be placed on
26aftercare release until the age of 21, unless sooner



10300HB2347ham001- 25 -LRB103 28294 RLC 58401 a

1discharged from aftercare release or custodianship is
2otherwise terminated in accordance with this Act or as
3otherwise provided for by law. Nothing in this subsection (2)
4shall preclude the State's Attorney from seeking to prosecute
5a minor as an adult as an alternative to proceeding under this
7    (3) Except as provided in subsection (2), the commitment
8of a delinquent to the Department of Juvenile Justice shall be
9for an indeterminate term which shall automatically terminate
10upon the delinquent attaining the age of 21 years or upon
11completion of that period for which an adult could be
12committed for the same act, whichever occurs sooner, unless
13the delinquent is sooner discharged from aftercare release or
14custodianship is otherwise terminated in accordance with this
15Act or as otherwise provided for by law.
16    (3.5) Every delinquent minor committed to the Department
17of Juvenile Justice under this Act shall be eligible for
18aftercare release without regard to the length of time the
19minor has been confined or whether the minor has served any
20minimum term imposed. Aftercare release shall be administered
21by the Department of Juvenile Justice, under the direction of
22the Director. Unless sooner discharged, the Department of
23Juvenile Justice shall discharge a minor from aftercare
24release upon completion of the following aftercare release
26        (a) One and a half years from the date a minor is



10300HB2347ham001- 26 -LRB103 28294 RLC 58401 a

1    released from a Department facility, if the minor was
2    committed for a Class X felony;
3        (b) One year from the date a minor is released from a
4    Department facility, if the minor was committed for a
5    Class 1 or 2 felony; and
6        (c) Six months from the date a minor is released from a
7    Department facility, if the minor was committed for a
8    Class 3 felony or lesser offense.
9    (4) When the court commits a minor to the Department of
10Juvenile Justice, it shall order him or her conveyed forthwith
11to the appropriate reception station or other place designated
12by the Department of Juvenile Justice, and shall appoint the
13Director of Juvenile Justice legal custodian of the minor. The
14clerk of the court shall issue to the Director of Juvenile
15Justice a certified copy of the order, which constitutes proof
16of the Director's authority. No other process need issue to
17warrant the keeping of the minor.
18    (5) If a minor is committed to the Department of Juvenile
19Justice, the clerk of the court shall forward to the
21        (a) the sentencing order and copies of committing
22    petition;
23        (b) all reports;
24        (c) the court's statement of the basis for ordering
25    the disposition;
26        (d) any sex offender evaluations;



10300HB2347ham001- 27 -LRB103 28294 RLC 58401 a

1        (e) any risk assessment or substance abuse treatment
2    eligibility screening and assessment of the minor by an
3    agent designated by the State to provide assessment
4    services for the courts;
5        (f) the number of days, if any, which the minor has
6    been in custody and for which he or she is entitled to
7    credit against the sentence, which information shall be
8    provided to the clerk by the sheriff;
9        (g) any medical or mental health records or summaries
10    of the minor;
11        (h) the municipality where the arrest of the minor
12    occurred, the commission of the offense occurred, and the
13    minor resided at the time of commission;
14        (h-5) a report detailing the minor's criminal history
15    in a manner and form prescribed by the Department of
16    Juvenile Justice;
17        (i) all additional matters which the court directs the
18    clerk to transmit; and
19        (j) all police reports for sex offenses as defined by
20    the Sex Offender Management Board Act.
21    (6) Whenever the Department of Juvenile Justice lawfully
22discharges from its custody and control a minor committed to
23it, the Director of Juvenile Justice shall petition the court
24for an order terminating his or her custodianship. The
25custodianship shall terminate automatically 30 days after
26receipt of the petition unless the court orders otherwise.



10300HB2347ham001- 28 -LRB103 28294 RLC 58401 a

1    (7) If, while on aftercare release, a minor committed to
2the Department of Juvenile Justice who resides in this State
3is charged under the criminal laws of this State, the criminal
4laws of any other state, or federal law with an offense that
5could result in a sentence of imprisonment within the
6Department of Corrections, the penal system of any state, or
7the federal Bureau of Prisons, the commitment to the
8Department of Juvenile Justice and all rights and duties
9created by that commitment are automatically suspended pending
10final disposition of the criminal charge. If the minor is
11found guilty of the criminal charge and sentenced to a term of
12imprisonment in the penitentiary system of the Department of
13Corrections, the penal system of any state, or the federal
14Bureau of Prisons, the commitment to the Department of
15Juvenile Justice shall be automatically terminated. If the
16criminal charge is dismissed, the minor is found not guilty,
17or the minor completes a criminal sentence other than
18imprisonment within the Department of Corrections, the penal
19system of any state, or the federal Bureau of Prisons, the
20previously imposed commitment to the Department of Juvenile
21Justice and the full aftercare release term shall be
22automatically reinstated unless custodianship is sooner
23terminated. Nothing in this subsection (7) shall preclude the
24court from ordering another sentence under Section 5-710 of
25this Act or from terminating the Department's custodianship
26while the commitment to the Department is suspended.



10300HB2347ham001- 29 -LRB103 28294 RLC 58401 a

1(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)".