Illinois General Assembly - Full Text of HB5077
Illinois General Assembly

Previous General Assemblies

Full Text of HB5077  100th General Assembly




HB5077 EnrolledLRB100 18184 SLF 33382 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-750 as follows:
6    (705 ILCS 405/5-750)
7    Sec. 5-750. Commitment to the Department of Juvenile
9    (1) Except as provided in subsection (2) of this Section,
10when any delinquent has been adjudged a ward of the court under
11this Act, the court may commit him or her to the Department of
12Juvenile Justice, if it finds that (a) his or her parents,
13guardian or legal custodian are unfit or are unable, for some
14reason other than financial circumstances alone, to care for,
15protect, train or discipline the minor, or are unwilling to do
16so, and the best interests of the minor and the public will not
17be served by placement under Section 5-740, or it is necessary
18to ensure the protection of the public from the consequences of
19criminal activity of the delinquent; and (b) commitment to the
20Department of Juvenile Justice is the least restrictive
21alternative based on evidence that efforts were made to locate
22less restrictive alternatives to secure confinement and the
23reasons why efforts were unsuccessful in locating a less



HB5077 Enrolled- 2 -LRB100 18184 SLF 33382 b

1restrictive alternative to secure confinement. Before the
2court commits a minor to the Department of Juvenile Justice, it
3shall make a finding that secure confinement is necessary,
4following a review of the following individualized factors:
5        (A) Age of the minor.
6        (B) Criminal background of the minor.
7        (C) Review of results of any assessments of the minor,
8    including child centered assessments such as the CANS.
9        (D) Educational background of the minor, indicating
10    whether the minor has ever been assessed for a learning
11    disability, and if so what services were provided as well
12    as any disciplinary incidents at school.
13        (E) Physical, mental and emotional health of the minor,
14    indicating whether the minor has ever been diagnosed with a
15    health issue and if so what services were provided and
16    whether the minor was compliant with services.
17        (F) Community based services that have been provided to
18    the minor, and whether the minor was compliant with the
19    services, and the reason the services were unsuccessful.
20        (G) Services within the Department of Juvenile Justice
21    that will meet the individualized needs of the minor.
22    (1.5) Before the court commits a minor to the Department of
23Juvenile Justice, the court must find reasonable efforts have
24been made to prevent or eliminate the need for the minor to be
25removed from the home, or reasonable efforts cannot, at this
26time, for good cause, prevent or eliminate the need for



HB5077 Enrolled- 3 -LRB100 18184 SLF 33382 b

1removal, and removal from home is in the best interests of the
2minor, the minor's family, and the public.
3    (2) When a minor of the age of at least 13 years is
4adjudged delinquent for the offense of first degree murder, the
5court shall declare the minor a ward of the court and order the
6minor committed to the Department of Juvenile Justice until the
7minor's 21st birthday, without the possibility of aftercare
8release, furlough, or non-emergency authorized absence for a
9period of 5 years from the date the minor was committed to the
10Department of Juvenile Justice, except that the time that a
11minor spent in custody for the instant offense before being
12committed to the Department of Juvenile Justice shall be
13considered as time credited towards that 5 year period. Upon
14release from a Department facility, a minor adjudged delinquent
15for first degree murder shall be placed on aftercare release
16until the age of 21, unless sooner discharged from aftercare
17release or custodianship is otherwise terminated in accordance
18with this Act or as otherwise provided for by law. Nothing in
19this subsection (2) shall preclude the State's Attorney from
20seeking to prosecute a minor as an adult as an alternative to
21proceeding under this Act.
22    (3) Except as provided in subsection (2), the commitment of
23a delinquent to the Department of Juvenile Justice shall be for
24an indeterminate term which shall automatically terminate upon
25the delinquent attaining the age of 21 years or upon completion
26of that period for which an adult could be committed for the



HB5077 Enrolled- 4 -LRB100 18184 SLF 33382 b

1same act, whichever occurs sooner, unless the delinquent is
2sooner discharged from aftercare release or custodianship is
3otherwise terminated in accordance with this Act or as
4otherwise provided for by law.
5    (3.5) Every delinquent minor committed to the Department of
6Juvenile Justice under this Act shall be eligible for aftercare
7release without regard to the length of time the minor has been
8confined or whether the minor has served any minimum term
9imposed. Aftercare release shall be administered by the
10Department of Juvenile Justice, under the direction of the
11Director. Unless sooner discharged, the Department of Juvenile
12Justice shall discharge a minor from aftercare release upon
13completion of the following aftercare release terms:
14        (a) One and a half years from the date a minor is
15    released from a Department facility, if the minor was
16    committed for a Class X felony;
17        (b) One year from the date a minor is released from a
18    Department facility, if the minor was committed for a Class
19    1 or 2 felony; and
20        (c) Six months from the date a minor is released from a
21    Department facility, if the minor was committed for a Class
22    3 felony or lesser offense.
23    (4) When the court commits a minor to the Department of
24Juvenile Justice, it shall order him or her conveyed forthwith
25to the appropriate reception station or other place designated
26by the Department of Juvenile Justice, and shall appoint the



HB5077 Enrolled- 5 -LRB100 18184 SLF 33382 b

1Director of Juvenile Justice legal custodian of the minor. The
2clerk of the court shall issue to the Director of Juvenile
3Justice a certified copy of the order, which constitutes proof
4of the Director's authority. No other process need issue to
5warrant the keeping of the minor.
6    (5) If a minor is committed to the Department of Juvenile
7Justice, the clerk of the court shall forward to the
9        (a) the sentencing order and copies of committing
10    petition;
11        (b) all reports;
12        (c) the court's statement of the basis for ordering the
13    disposition;
14        (d) any sex offender evaluations;
15        (e) any risk assessment or substance abuse treatment
16    eligibility screening and assessment of the minor by an
17    agent designated by the State to provide assessment
18    services for the courts;
19        (f) the number of days, if any, which the minor has
20    been in custody and for which he or she is entitled to
21    credit against the sentence, which information shall be
22    provided to the clerk by the sheriff;
23        (g) any medical or mental health records or summaries
24    of the minor;
25        (h) the municipality where the arrest of the minor
26    occurred, the commission of the offense occurred, and the



HB5077 Enrolled- 6 -LRB100 18184 SLF 33382 b

1    minor resided at the time of commission; and
2        (h-5) a report detailing the minor's criminal history
3    in a manner and form prescribed by the Department of
4    Juvenile Justice; and
5        (i) all additional matters which the court directs the
6    clerk to transmit.
7    (6) Whenever the Department of Juvenile Justice lawfully
8discharges from its custody and control a minor committed to
9it, the Director of Juvenile Justice shall petition the court
10for an order terminating his or her custodianship. The
11custodianship shall terminate automatically 30 days after
12receipt of the petition unless the court orders otherwise.
13    (7) If, while on aftercare release, a minor committed to
14the Department of Juvenile Justice is charged under the
15criminal laws of this State with an offense that could result
16in a sentence of imprisonment within the Department of
17Corrections, the commitment to the Department of Juvenile
18Justice and all rights and duties created by that commitment
19are automatically suspended pending final disposition of the
20criminal charge. If the minor is found guilty of the criminal
21charge and sentenced to a term of imprisonment in the
22penitentiary system of the Department of Corrections, the
23commitment to the Department of Juvenile Justice shall be
24automatically terminated. If the criminal charge is dismissed,
25the minor is found not guilty, or the minor completes a
26criminal sentence other than imprisonment within the



HB5077 Enrolled- 7 -LRB100 18184 SLF 33382 b

1Department of Corrections, the previously imposed commitment
2to the Department of Juvenile Justice and the full aftercare
3release term shall be automatically reinstated unless
4custodianship is sooner terminated. Nothing in this subsection
5(7) shall preclude the court from ordering another sentence
6under Section 5-710 of this Act or from terminating the
7Department's custodianship while the commitment to the
8Department is suspended.
9(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.