Full Text of SB4243 102nd General Assembly
SB4243 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB4243 Introduced 11/14/2022, by Sen. Cristina H. Pacione-Zayas SYNOPSIS AS INTRODUCED: |
| |
Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a child. Sets forth procedures to raise the issue of the unfitness of a child. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a child. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a child fit. Specifies time credit and sentencing guidelines for a child who attains fitness. Provides for the legal disposition of a child if fitness cannot be attained. Contains other provisions. Effective July 1, 2023.
|
| |
| | A BILL FOR |
|
| | | SB4243 | | LRB102 29019 NLB 40921 b |
|
| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | adding Part 5A to Article V as follows: | 6 | | (705 ILCS 405/Art. V Pt. 5A heading new) | 7 | | PART 5A. FITNESS TO STAND TRIAL | 8 | | (705 ILCS 405/5-5A-101 new) | 9 | | Sec. 5-5A-101. Purpose. This Part recognizes that children | 10 | | are substantially different from adults and therefore creates | 11 | | procedures to establish fitness to stand trial that | 12 | | accommodate these differences. This Part is intended to | 13 | | support children through practices that are trauma-informed | 14 | | and that protect children's rights and dignity; questions of | 15 | | interpretation shall be resolved in line with these practices. | 16 | | This Part recognizes that the ability to understand charges | 17 | | and to participate meaningfully in one's own defense evolve | 18 | | gradually throughout childhood and early adulthood and that | 19 | | each child deserves developmentally appropriate responses that | 20 | | reflect the best understanding of the child's current | 21 | | abilities. |
| | | SB4243 | - 2 - | LRB102 29019 NLB 40921 b |
|
| 1 | | (705 ILCS 405/5-5A-105 new) | 2 | | Sec. 5-5A-105. Definitions. As used in this Part: | 3 | | (a) "Child" means a person under the age of 21, regardless | 4 | | of whether the person is subject to this Act or prosecuted | 5 | | under the criminal laws of this State. | 6 | | (b) "Child traumatic stress" means exposure to one or more | 7 | | traumatic events over the course of a child's life that result | 8 | | in that child developing reactions that persist and that | 9 | | interfere with the child's functional, social, adaptive, or | 10 | | intellectual ability. | 11 | | (c) "Chronological immaturity" means a lack of functional, | 12 | | social, adaptive, or intellectual ability due to chronological | 13 | | age. | 14 | | (d) "Developmental disability" means a disability that is | 15 | | attributable to an intellectual disability, cerebral palsy, | 16 | | epilepsy, autism, a learning disability, or any other | 17 | | condition that results in impaired functional, social, | 18 | | adaptive, or intellectual ability. | 19 | | (e) "Mental illness" means a mental or emotional disorder | 20 | | that substantially impairs a person's thought, perception of | 21 | | reality, emotional process, judgment, behavior, or ability to | 22 | | cope with the ordinary demands of life. | 23 | | (f) "Relative immaturity" means a lack of functional, | 24 | | social, adaptive, or intellectual ability when a child is | 25 | | compared to other children of the same chronological age. | 26 | | (g) "Substance use disorder" has the same meaning as |
| | | SB4243 | - 3 - | LRB102 29019 NLB 40921 b |
|
| 1 | | provided in Section 1-10 of the Substance Use Disorder Act. | 2 | | (705 ILCS 405/5-5A-110 new) | 3 | | Sec. 5-5A-110. Unfitness standard. Unfitness may result | 4 | | from the presence of any condition or conditions, including, | 5 | | but not limited to, mental illness, substance use disorder, | 6 | | developmental disability, chronological immaturity, relative | 7 | | immaturity, or child traumatic stress. Other than | 8 | | chronological immaturity, any of these conditions could look | 9 | | differently in similarly aged children. A diagnosis is not | 10 | | required for a finding of unfitness. A child is unfit when the | 11 | | child either: | 12 | | (a) lacks sufficient present ability to consult with the | 13 | | child's attorney with a reasonable degree of rational | 14 | | understanding, as evidenced by lacking the ability to disclose | 15 | | to the attorney facts pertinent to the proceedings at issue | 16 | | and to assist in the child's defense; or | 17 | | (b) lacks a rational or a factual understanding of the | 18 | | proceedings against the child, as evidenced by any one of the | 19 | | following: | 20 | | (1) a lack of ability to identify who the participants | 21 | | are, including the judge, child's attorney, State's | 22 | | Attorney, or qualified expert; | 23 | | (2) a lack of ability to differentiate the multiple | 24 | | roles a single participant could serve in different | 25 | | proceedings the child is involved in; |
| | | SB4243 | - 4 - | LRB102 29019 NLB 40921 b |
|
| 1 | | (3) a lack of understanding of the allegations in the | 2 | | petition; | 3 | | (4) a lack of understanding of the range of possible | 4 | | dispositions that may be imposed in the proceedings; | 5 | | (5) a lack of ability to use the factual | 6 | | understandings and factors in (1) through (4) of this | 7 | | subsection to make rational decisions; or | 8 | | (6) a lack of any other factors that a qualified | 9 | | expert deems relevant. | 10 | | (705 ILCS 405/5-5A-115 new) | 11 | | Sec. 5-5A-115. Raising the issue of unfitness. | 12 | | (a) The issue of the child's fitness to stand trial, to | 13 | | plead, or to be sentenced may be raised by the child's | 14 | | attorney, the State, or the court at any time before a plea is | 15 | | entered or before, during, or after trial. | 16 | | (b) When the issue of the child's fitness is raised, the | 17 | | court must determine whether there is a bona fide doubt that | 18 | | the child is fit. The court shall find a bona fide doubt if any | 19 | | evidence presented or proffered suggests that the child could | 20 | | be unfit. If the court finds that there is a bona fide doubt, | 21 | | the court shall order a fitness evaluation pursuant to Section | 22 | | 5-5A-125 before proceeding further. Nothing in this Section | 23 | | shall operate to extinguish any rights of a child established | 24 | | by attorney-client privilege. | 25 | | (c) When a child is being prosecuted under the criminal |
| | | SB4243 | - 5 - | LRB102 29019 NLB 40921 b |
|
| 1 | | laws of this State pursuant to Section 5-130 or 5-805, the | 2 | | criminal court shall apply the fitness standards in this Part. | 3 | | If the issue of the child's fitness is raised prior to the | 4 | | resolution of a transfer proceeding pursuant to Section 5-805, | 5 | | the juvenile court shall apply the fitness standards in this | 6 | | Part. | 7 | | (705 ILCS 405/5-5A-120 new) | 8 | | Sec. 5-5A-120. Burdens and presumptions. In making | 9 | | determinations on the issue of a child's fitness, the | 10 | | following burdens of proof and presumptions shall apply: | 11 | | (1) when the court finds a bona fide doubt as to the | 12 | | fitness of a child pursuant to Section 5-5A-115, the State | 13 | | bears the burden of proving that the child is fit by clear | 14 | | and convincing evidence; and | 15 | | (2) a child who is receiving medication shall not be | 16 | | presumed to be fit or unfit to stand trial solely by virtue | 17 | | of the receipt of that medication. | 18 | | (705 ILCS 405/5-5A-125 new) | 19 | | Sec. 5-5A-125. Fitness evaluation. When the court orders a | 20 | | fitness evaluation pursuant to paragraph (b) of Section | 21 | | 5-5A-115, the court must appoint one or more qualified experts | 22 | | pursuant to Section 5-5A-135. Each expert must evaluate | 23 | | whether the child is fit and must submit a report of the | 24 | | expert's findings to the court pursuant to Section 5-5A-160. |
| | | SB4243 | - 6 - | LRB102 29019 NLB 40921 b |
|
| 1 | | (705 ILCS 405/5-5A-130 new) | 2 | | Sec. 5-5A-130. Location of evaluation. A fitness | 3 | | evaluation ordered pursuant to paragraph (b) of Section | 4 | | 5-5A-115 must be conducted in the least restrictive | 5 | | environment for the child. The evaluation must be conducted in | 6 | | person whenever possible. Video technology for a remote | 7 | | evaluation may be used only as a last resort. If video | 8 | | technology is used, it must be a secure platform. | 9 | | (705 ILCS 405/5-5A-135 new) | 10 | | Sec. 5-5A-135. Qualification of experts. An expert | 11 | | evaluating the child pursuant to Section 5-5A-125 must either | 12 | | be a licensed clinical psychologist or psychiatrist with | 13 | | training and experience in forensics, child development, and | 14 | | child trauma. | 15 | | (705 ILCS 405/5-5A-140 new) | 16 | | Sec. 5-5A-140. Timeline for evaluation. The fitness | 17 | | evaluation ordered pursuant to paragraph (b) of Section | 18 | | 5-5A-115 and report written pursuant to Section 5-5A-160 must | 19 | | be completed within 30 days of a court order entered pursuant | 20 | | to paragraph (b) of Section 5-5A-115. The time for completion | 21 | | of the fitness evaluation may be extended an additional 30 | 22 | | days for good cause if the child is not in custody. |
| | | SB4243 | - 7 - | LRB102 29019 NLB 40921 b |
|
| 1 | | (705 ILCS 405/5-5A-145 new) | 2 | | Sec. 5-5A-145. Counsel at evaluation. The child's counsel | 3 | | must be allowed to be present at the evaluation conducted | 4 | | pursuant to Section 5-5A-125. | 5 | | (705 ILCS 405/5-5A-150 new) | 6 | | Sec. 5-5A-150. Statements made during evaluation. No | 7 | | statement made by the child during the evaluation conducted | 8 | | pursuant to Section 5-5A-125 shall be used against the child | 9 | | in the current court proceedings or in any future proceedings. | 10 | | No statement made by the child relating to the alleged offense | 11 | | or other offenses shall be included in the report required | 12 | | under Section 5-5A-160. The court must advise the child before | 13 | | the evaluation takes place that no statement made during the | 14 | | evaluation shall be used against the child. | 15 | | (705 ILCS 405/5-5A-155 new) | 16 | | Sec. 5-5A-155. Recordings of evaluations and privacy. | 17 | | (a) An evaluation of the child conducted pursuant to | 18 | | Section 5-5A-125 shall be video recorded. | 19 | | (b) The video recording of a fitness evaluation is | 20 | | confidential and may be viewed only by the court, the expert | 21 | | conducting the evaluation defined in Section 5-5A-125, the | 22 | | child's attorney, the State, and any other expert in the | 23 | | proceedings deemed necessary by the court and pursuant to | 24 | | Section 5-910. |
| | | SB4243 | - 8 - | LRB102 29019 NLB 40921 b |
|
| 1 | | (705 ILCS 405/5-5A-160 new) | 2 | | Sec. 5-5A-160. Contents of evaluation report. | 3 | | (a) When an evaluation is conducted pursuant to Section | 4 | | 5-5A-125, the appointed expert must submit a written report of | 5 | | the findings to the court. The evaluation report must detail | 6 | | the methods and tools used during the evaluation and be made in | 7 | | writing. | 8 | | (b) The evaluation report must contain: | 9 | | (1) An assessment of any mental illness, substance use | 10 | | disorder, or developmental disability of the child, | 11 | | including: | 12 | | (A) the results of a mental status exam; | 13 | | (B) a description of the history and current | 14 | | status of any symptoms of any mental illness and | 15 | | developmental disability (a diagnosis is not | 16 | | required); | 17 | | (2) an assessment of the child's chronological and | 18 | | relative immaturity; | 19 | | (3) an assessment of any child traumatic stress, | 20 | | including a description of the child's history of exposure | 21 | | to traumatic events; | 22 | | (4) an assessment of any other condition of the child | 23 | | that could impact the child's functional abilities related | 24 | | to fitness to stand trial; | 25 | | (5) an assessment of the child's rational and factual |
| | | SB4243 | - 9 - | LRB102 29019 NLB 40921 b |
|
| 1 | | understandings related to fitness to stand trial, the | 2 | | unfitness standard in Section 5-5A-110, and the | 3 | | relationship of these abilities to any conditions of the | 4 | | child as assessed in paragraphs (1) through (4); | 5 | | (6) whether the expert, based on the evaluation and in | 6 | | the expert's professional judgment, believes the child is | 7 | | fit; | 8 | | (7) if the expert believes that the child is unfit, | 9 | | whether the expert believes there is a substantial | 10 | | probability that the child will attain fitness within the | 11 | | period to attain fitness; | 12 | | (8) recommendations, if the expert believes the child | 13 | | is unfit, including: | 14 | | (A) services that would help the child attain | 15 | | fitness; | 16 | | (B) placement for services to attain fitness; and | 17 | | (C) risk assessments needed prior to placement; | 18 | | and | 19 | | (9) opinions on: | 20 | | (A) the likelihood of the success of the services | 21 | | recommended; and | 22 | | (B) the length of time anticipated to attain | 23 | | fitness. | 24 | | (705 ILCS 405/5-5A-165 new) | 25 | | Sec. 5-5A-165. Hearing to determine fitness. |
| | | SB4243 | - 10 - | LRB102 29019 NLB 40921 b |
|
| 1 | | (a) When a bona fide doubt of fitness has been raised, the | 2 | | court shall conduct a hearing to determine the issue of the | 3 | | child's fitness within 30 days of receipt of the evaluation | 4 | | report described in Section 5-5A-160. | 5 | | (b) Subject to the rules of evidence, matters admissible | 6 | | on the issue of the child's fitness include, but are not | 7 | | limited to, the unfitness standard under Section 5-5A-110. | 8 | | (c) The child has the right to be present at every hearing | 9 | | on the issue of the child's fitness. | 10 | | (d) On the basis of the evidence before it, the court must | 11 | | determine whether the child is unfit to stand trial pursuant | 12 | | to Section 5-5A-110. If the court finds that the child is | 13 | | unfit, the court shall determine: | 14 | | (1) whether in-court assistance pursuant to Section | 15 | | 5-5A-190 would render the child fit; and | 16 | | (2) whether there is a substantial probability that | 17 | | the child, if provided with services to attain fitness | 18 | | pursuant to Section 5-5A-170, will attain fitness within | 19 | | the period to attain fitness set forth in Section | 20 | | 5-5A-175. | 21 | | (e) If the court finds that the child is unfit and there is | 22 | | not a substantial probability the child will attain fitness | 23 | | within the period to attain fitness set forth in Section | 24 | | 5-5A-175, the court shall proceed under Section 5-5A-210. | 25 | | (f) If the court finds the child is unfit but that there is | 26 | | a substantial probability that the child will become fit |
| | | SB4243 | - 11 - | LRB102 29019 NLB 40921 b |
|
| 1 | | within the period to attain fitness set forth in Section | 2 | | 5-5A-175, or if the court is unable to determine whether a | 3 | | substantial probability exists, the court shall order the | 4 | | child to receive services to attain fitness at a placement | 5 | | pursuant to Section 5-5A-170. If the court is unable to | 6 | | determine whether a substantial probability exists and orders | 7 | | the child to receive services to attain fitness, the court | 8 | | shall conduct a hearing as soon as possible following the | 9 | | receipt of the report filed pursuant to Section 5-5A-180 to | 10 | | determine whether there is a substantial probability that the | 11 | | child will attain fitness within the period to attain fitness. | 12 | | (g) If the court finds that the child is unfit to stand | 13 | | trial, it shall proceed pursuant to this Act. If the court | 14 | | finds that the child could be rendered fit with in-court | 15 | | assistance, the court shall order in-court assistance pursuant | 16 | | to Section 5-5A-190. | 17 | | (h) An order finding the child unfit to stand trial is a | 18 | | final order for purposes of appeal by the State or the child. | 19 | | (705 ILCS 405/5-5A-170 new) | 20 | | Sec. 5-5A-170. Services to attain fitness. | 21 | | (a) When the court orders services to attain fitness | 22 | | pursuant to Section 5-5A-165, the court shall place the child | 23 | | under the supervision of the Department of Human Services. | 24 | | Court-ordered services and placement shall be consistent with | 25 | | the recommendations in the evaluation report. All services |
| | | SB4243 | - 12 - | LRB102 29019 NLB 40921 b |
|
| 1 | | shall be trauma-informed, developmentally appropriate, and | 2 | | provided in the least restrictive environment considering the | 3 | | best interest of the child. A placement may be made on an | 4 | | inpatient basis only when the child has a condition warranting | 5 | | hospital-level care. | 6 | | (b) Within 5 days of a court order for services to attain | 7 | | fitness entered pursuant to Section 5-5A-165, the clerk of the | 8 | | circuit court shall transmit, to the Department of Human | 9 | | Services, and any other agency or institution providing | 10 | | services to attain fitness to the child, the following: | 11 | | (1) a certified copy of the order to receive services | 12 | | and the complete copy of any report on the child's fitness | 13 | | prepared pursuant to this Part; | 14 | | (2) the county and municipality in which the alleged | 15 | | offense occurred; | 16 | | (3) the county and municipality in which the arrest | 17 | | took place; | 18 | | (4) a copy of the arrest report, charges, and arrest | 19 | | record; and | 20 | | (5) all additional matters that the court directs the | 21 | | clerk to transmit. | 22 | | (705 ILCS 405/5-5A-175 new) | 23 | | Sec. 5-5A-175. Period to attain fitness. For a child | 24 | | charged with a felony, the maximum total time a court may order | 25 | | a child to receive services to attain fitness shall be one |
| | | SB4243 | - 13 - | LRB102 29019 NLB 40921 b |
|
| 1 | | year. For a child charged with a misdemeanor, the maximum | 2 | | total period shall be no longer than the sentence that could be | 3 | | imposed if the child were adjudicated delinquent of the most | 4 | | serious misdemeanor offense. The period to attain fitness | 5 | | shall begin with the court's first finding of unfitness during | 6 | | a fitness hearing pursuant to Section 5-5A-165. | 7 | | (705 ILCS 405/5-5A-180 new) | 8 | | Sec. 5-5A-180. Initial and subsequent progress reports. | 9 | | (a) Within 30 days of entry of an order to receive services | 10 | | to attain fitness pursuant to Sections 5-5A-170 and 5-5A-175, | 11 | | the person in charge of supervising the child's services shall | 12 | | file with the court an initial report assessing the program's | 13 | | capacity to provide appropriate services for the child and | 14 | | indicating the person's opinion as to the probability of the | 15 | | child attaining fitness within the period to attain fitness | 16 | | provided in Section 5-5A-175. If the initial report indicates | 17 | | that there is a substantial probability that the child will | 18 | | attain fitness within the allowed period, the supervisor shall | 19 | | also file a services plan which shall include: | 20 | | (1) a description of the goals of services to attain | 21 | | fitness with respect to rendering the child fit, a | 22 | | specification of the proposed modalities of services, and | 23 | | an estimated timetable for attainment of the goals; and | 24 | | (2) an identification of the person in charge of | 25 | | supervising the child's services. |
| | | SB4243 | - 14 - | LRB102 29019 NLB 40921 b |
|
| 1 | | (b) The supervisor shall submit a subsequent written | 2 | | progress report to the court at least 7 days prior to the date | 3 | | of any hearing on the issue of the child's fitness. | 4 | | (c) If the supervisor determines that any of the following | 5 | | circumstances are met, the supervisor shall notify the court | 6 | | in writing as soon as possible but no later than 7 days after | 7 | | the determination is made: | 8 | | (1) if the supervisor believes that the child has | 9 | | attained fitness; | 10 | | (2) if the supervisor believes that there is not a | 11 | | substantial probability that the child will attain | 12 | | fitness, with services, within the period to attain | 13 | | fitness under Section 5-5A-175; or | 14 | | (3) if the supervisor believes a change in services or | 15 | | placement is necessary. | 16 | | (d) The initial and subsequent progress reports shall | 17 | | contain: | 18 | | (1) the clinical findings of the supervisor and the | 19 | | facts upon which the findings are based; | 20 | | (2) the opinion of the supervisor as to whether the | 21 | | child has attained fitness and as to whether the child is | 22 | | making progress, with services, toward attaining fitness | 23 | | within the period set in Section 5-5A-175; | 24 | | (3) whether the current services to attain fitness and | 25 | | placement continue to be in the least restrictive | 26 | | environment necessary, whether a different level of care |
| | | SB4243 | - 15 - | LRB102 29019 NLB 40921 b |
|
| 1 | | is needed, and the basis for that recommendation; and | 2 | | (4) any other changes in recommendations of services | 3 | | to attain fitness. | 4 | | (e) If the supervisor of the child's services determines, | 5 | | pursuant to paragraph (3) of subsection (d) of this Section, | 6 | | that the child is not in the least restrictive environment | 7 | | necessary to attain fitness, upon receipt of the progress | 8 | | report, the court shall ensure that the child is immediately | 9 | | moved to the least restrictive environment necessary. | 10 | | (705 ILCS 405/5-5A-185 new) | 11 | | Sec. 5-5A-185. Periodic hearings. Upon entry or | 12 | | continuation of any order to receive services to attain | 13 | | fitness, the court shall set a date for hearing to reexamine | 14 | | the issue of the child's fitness not more than 90 days | 15 | | thereafter. In addition, whenever the court receives a report | 16 | | from the supervisor of the child's services pursuant to | 17 | | paragraph (c) of Section 5-5A-180, the court shall set the | 18 | | matter for a hearing within 14 days unless good cause is | 19 | | demonstrated why the hearing cannot be held. On the date set, | 20 | | the court shall conduct a hearing to redetermine the child's | 21 | | fitness pursuant to Section 5-5A-165. | 22 | | (705 ILCS 405/5-5A-190 new) | 23 | | Sec. 5-5A-190. In-court assistance to render a child fit. | 24 | | (a) If the court determines that the child could be |
| | | SB4243 | - 16 - | LRB102 29019 NLB 40921 b |
|
| 1 | | rendered fit with in-court assistance under Section 5-5A-165, | 2 | | the court shall order in-court assistance under subsection | 3 | | (b). A child found unfit because of chronological immaturity | 4 | | cannot be rendered fit with in-court assistance. A child found | 5 | | unfit because of relative immaturity or child traumatic stress | 6 | | cannot be rendered fit solely with in-court assistance. | 7 | | (b) In-court assistance may include, but is not limited | 8 | | to: | 9 | | (1) appointment of a qualified translator who shall | 10 | | simultaneously translate all court proceedings into a | 11 | | language understood by the child; and | 12 | | (2) appointment of an expert qualified to assist a | 13 | | child who, because of a disability, is unable to | 14 | | communicate with the child's attorney. | 15 | | (c) If in-court assistance is provided, the case may | 16 | | proceed to trial only if the court determines that in-court | 17 | | assistance renders the child fit. In such cases, the court | 18 | | shall state for the record the following: | 19 | | (1) the qualifications and experience of the experts | 20 | | or other persons appointed to provide in-court assistance | 21 | | to the child; | 22 | | (2) the court's reasons for selecting or appointing | 23 | | the particular experts or other persons to provide the | 24 | | in-court assistance to the child; | 25 | | (3) how the appointment of the particular expert or | 26 | | other persons will serve the goal of rendering the child |
| | | SB4243 | - 17 - | LRB102 29019 NLB 40921 b |
|
| 1 | | fit, based on the appointee's qualifications and | 2 | | experience, and the lack of functional, social, adaptive, | 3 | | or intellectual abilities of the child; and | 4 | | (4) any other factors considered by the court in | 5 | | appointing the experts or other persons. | 6 | | (d) A child adjudicated delinquent following a trial | 7 | | conducted with in-court assistance provided under this Section | 8 | | shall not be sentenced before a written report of social | 9 | | investigation is presented to and considered by the court. The | 10 | | written report of social investigation shall be prepared | 11 | | pursuant to Section 5-701 and shall include a physical and | 12 | | mental examination unless the court finds that the reports of | 13 | | prior physical and mental examinations conducted pursuant to | 14 | | this Part are adequate and recent enough to render additional | 15 | | examinations unnecessary. | 16 | | (705 ILCS 405/5-5A-195 new) | 17 | | Sec. 5-5A-195. Time Credit. A sentence imposed on the | 18 | | child in the pending case or in any other case arising out of | 19 | | the same conduct shall be reduced by time spent: | 20 | | (1) in custody pursuant to orders issued under Section | 21 | | 5-5A-170 or pursuant to a commitment to the Department of | 22 | | Human Services following a finding of unfitness under this | 23 | | Part; | 24 | | (2) in any court-ordered out-of-home placement; | 25 | | including, but not limited to, a detention facility, |
| | | SB4243 | - 18 - | LRB102 29019 NLB 40921 b |
|
| 1 | | rehabilitation center, or inpatient hospital; or | 2 | | (3) home detention or electronic monitoring pursuant | 3 | | to Section 5-7A-110. | 4 | | (705 ILCS 405/5-5A-200 new) | 5 | | Sec. 5-5A-200. Court organization of records. Any report | 6 | | filed with the court concerning diagnosis, evaluation, | 7 | | progress, or services made pursuant to this Part shall not be | 8 | | placed in the child's court record but shall be maintained | 9 | | separately by the clerk of the court and shall be available | 10 | | only to the court or an appellate court, the State, the child, | 11 | | the child's attorney, the child's parent, or a facility or | 12 | | program that provides services to the child pursuant to an | 13 | | order of the court. These records of the child shall be | 14 | | privileged and shall not be disclosed except under the | 15 | | conditions set forth in Section 5-910. Nothing in this Section | 16 | | shall operate to extinguish any rights of a child established | 17 | | by law, including, but not limited to: attorney-client, | 18 | | physician-patient, psychologist-client, or social | 19 | | worker-client privileges, except as otherwise provided by law. | 20 | | (705 ILCS 405/5-5A-205 new) | 21 | | Sec. 5-5A-205. Sentencing guidelines for a child who | 22 | | attains fitness. The court shall not impose a commitment to | 23 | | the Department of Juvenile Justice upon the child if the court | 24 | | believes that because of the child's condition, such a |
| | | SB4243 | - 19 - | LRB102 29019 NLB 40921 b |
|
| 1 | | sentence would not be in the interests of society and the | 2 | | child, or would subject the child to excessive hardship. In | 3 | | addition to any other conditions of a sentence of conditional | 4 | | discharge or probation, the court may require that the child | 5 | | receive additional services for the child's condition. | 6 | | (705 ILCS 405/5-5A-210 new) | 7 | | Sec. 5-5A-210. Legal disposition if fitness cannot be | 8 | | attained. The court shall dismiss the charges against the | 9 | | child with prejudice if the court finds the child is unfit | 10 | | under Section 5-5A-165 and that the child: | 11 | | (1) cannot attain fitness within the period to attain | 12 | | fitness defined in Section 5-5A-175 or that there is not a | 13 | | substantial probability that the child will attain fitness | 14 | | within the period to attain fitness defined under Section | 15 | | 5-5A-175; and | 16 | | (2) cannot attain fitness with in-court assistance | 17 | | pursuant to Section 5-5A-190. | 18 | | (705 ILCS 405/5-5A-215 new) | 19 | | Sec. 5-5A-215. Follow-up study and recommendations. The | 20 | | Illinois Juvenile Justice Commission shall develop and | 21 | | recommend mechanisms to collect and analyze data, | 22 | | disaggregated by race, ethnicity, gender, geography, age, and | 23 | | socioeconomic status, resulting from the implementation of | 24 | | this Part. The report and recommendations shall be submitted |
| | | SB4243 | - 20 - | LRB102 29019 NLB 40921 b |
|
| 1 | | to the General Assembly by January 1, 2024. | 2 | | Section 97. Severability. The provisions of this Act are | 3 | | severable under Section 1.31 of the Statute on Statutes.
| 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2023.
| | | | SB4243 | - 21 - | LRB102 29019 NLB 40921 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 705 ILCS 405/Art. V Pt. 5A | 4 | | heading new | | | 5 | | 705 ILCS 405/5-5A-101 new | | | 6 | | 705 ILCS 405/5-5A-105 new | | | 7 | | 705 ILCS 405/5-5A-110 new | | | 8 | | 705 ILCS 405/5-5A-115 new | | | 9 | | 705 ILCS 405/5-5A-120 new | | | 10 | | 705 ILCS 405/5-5A-125 new | | | 11 | | 705 ILCS 405/5-5A-130 new | | | 12 | | 705 ILCS 405/5-5A-135 new | | | 13 | | 705 ILCS 405/5-5A-140 new | | | 14 | | 705 ILCS 405/5-5A-145 new | | | 15 | | 705 ILCS 405/5-5A-150 new | | | 16 | | 705 ILCS 405/5-5A-155 new | | | 17 | | 705 ILCS 405/5-5A-160 new | | | 18 | | 705 ILCS 405/5-5A-165 new | | | 19 | | 705 ILCS 405/5-5A-170 new | | | 20 | | 705 ILCS 405/5-5A-175 new | | | 21 | | 705 ILCS 405/5-5A-180 new | | | 22 | | 705 ILCS 405/5-5A-185 new | | | 23 | | 705 ILCS 405/5-5A-190 new | | | 24 | | 705 ILCS 405/5-5A-195 new | | | 25 | | 705 ILCS 405/5-5A-200 new | | |
| | | SB4243 | - 22 - | LRB102 29019 NLB 40921 b |
|
| 1 | | 705 ILCS 405/5-5A-205 new | | | 2 | | 705 ILCS 405/5-5A-210 new | | | 3 | | 705 ILCS 405/5-5A-215 new | |
| |
|