Full Text of HB5853 96th General Assembly
HB5853eng 96TH GENERAL ASSEMBLY
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HB5853 Engrossed |
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LRB096 18818 RLC 36074 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-750 as follows:
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| (705 ILCS 405/5-750)
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| Sec. 5-750. Commitment to the Department of Juvenile | 8 |
| Justice.
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| (1) Except as provided in subsections subsection (2) and | 10 |
| (2.5) of this Section, when any
delinquent has been adjudged a | 11 |
| ward of the court under this Act, the court may
commit him or | 12 |
| her to the Department of Juvenile Justice, if it
finds
that (a) | 13 |
| his or her parents, guardian or legal custodian are unfit or | 14 |
| are
unable, for
some reason other than financial circumstances | 15 |
| alone, to care for, protect,
train or discipline the minor, or | 16 |
| are unwilling to do so,
and the best interests of the minor and
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| the public will not be served by placement under Section 5-740
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| or; (b) it is
necessary to ensure the protection of the public | 19 |
| from the consequences of
criminal activity of the delinquent.
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| (2) When a minor of the age of at least 13 years is | 21 |
| adjudged delinquent
for the offense of first degree murder, the | 22 |
| court shall declare the minor a
ward of the court and order the | 23 |
| minor committed to the Department of
Juvenile Justice until the |
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| minor's 21st birthday, without the
possibility of parole, | 2 |
| furlough, or non-emergency authorized absence for a
period of 5 | 3 |
| years from the date the minor was committed to the Department | 4 |
| of
Juvenile Justice, except that the time that a minor spent in | 5 |
| custody for the instant
offense before being committed to the | 6 |
| Department of Juvenile Justice shall be considered as time
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| credited towards that 5 year period. Nothing in this subsection | 8 |
| (2) shall
preclude the State's Attorney from seeking to | 9 |
| prosecute a minor as an adult as
an alternative to proceeding | 10 |
| under this Act.
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| (2.5) The court may not commit to the Department of | 12 |
| Juvenile Justice a delinquent who has been adjudged a ward of | 13 |
| the court under this Act for an act that if committed by an | 14 |
| adult would be a misdemeanor. If a minor has been adjudged a | 15 |
| ward of the court under this Act for an act that if committed | 16 |
| by an adult would be a Class 4 or Class 3 felony, the court | 17 |
| shall, in addition to the factors and review in Section 5-750 | 18 |
| and elsewhere in this Act, evaluate whether the best interests | 19 |
| of the minor and the public will be served by placing the minor | 20 |
| in a community based alternative program instead of commitment | 21 |
| to the Department of Juvenile Justice. | 22 |
| (3) Except as provided in subsection (2), the commitment of | 23 |
| a
delinquent to the Department of Juvenile Justice shall be for | 24 |
| an indeterminate term
which shall automatically terminate upon | 25 |
| the delinquent attaining the age of 21
years unless the | 26 |
| delinquent is sooner discharged from parole or custodianship
is |
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| otherwise terminated in accordance with this Act or as | 2 |
| otherwise provided
for by law.
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| (4) When the court commits a minor to the Department of | 4 |
| Juvenile Justice, it
shall order him or her conveyed forthwith | 5 |
| to the appropriate reception station
or
other place designated | 6 |
| by the Department of Juvenile Justice, and shall appoint the
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| Director of Juvenile Justice legal custodian of the
minor. The | 8 |
| clerk of the court shall issue to the
Director of Juvenile | 9 |
| Justice a certified copy of the order,
which constitutes proof | 10 |
| of the Director's authority. No other process need
issue to
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| warrant the keeping of the minor.
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| (5) If a minor is committed to the Department of Juvenile | 13 |
| Justice, the clerk of the court shall forward to the | 14 |
| Department:
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| (a) the disposition ordered;
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| (b) all reports;
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| (c) the court's statement of the basis for ordering the | 18 |
| disposition; and
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| (d) all additional matters which the court directs the | 20 |
| clerk to transmit.
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| (6) Whenever the Department of Juvenile Justice lawfully | 22 |
| discharges from its
custody and
control a minor committed to | 23 |
| it, the Director of Juvenile Justice shall petition the court | 24 |
| for an order terminating his or her
custodianship. The | 25 |
| custodianship shall terminate automatically 30 days after
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| receipt of the petition unless the court orders otherwise.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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