Illinois General Assembly - Full Text of Public Act 100-0765
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Public Act 100-0765


 

Public Act 0765 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0765
 
HB5077 EnrolledLRB100 18184 SLF 33382 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-750 as follows:
 
    (705 ILCS 405/5-750)
    Sec. 5-750. Commitment to the Department of Juvenile
Justice.
    (1) Except as provided in subsection (2) of this Section,
when any delinquent has been adjudged a ward of the court under
this Act, the court may commit him or her to the Department of
Juvenile Justice, if it finds that (a) his or her parents,
guardian or legal custodian are unfit or are unable, for some
reason other than financial circumstances alone, to care for,
protect, train or discipline the minor, or are unwilling to do
so, and the best interests of the minor and the public will not
be served by placement under Section 5-740, or it is necessary
to ensure the protection of the public from the consequences of
criminal activity of the delinquent; and (b) commitment to the
Department of Juvenile Justice is the least restrictive
alternative based on evidence that efforts were made to locate
less restrictive alternatives to secure confinement and the
reasons why efforts were unsuccessful in locating a less
restrictive alternative to secure confinement. Before the
court commits a minor to the Department of Juvenile Justice, it
shall make a finding that secure confinement is necessary,
following a review of the following individualized factors:
        (A) Age of the minor.
        (B) Criminal background of the minor.
        (C) Review of results of any assessments of the minor,
    including child centered assessments such as the CANS.
        (D) Educational background of the minor, indicating
    whether the minor has ever been assessed for a learning
    disability, and if so what services were provided as well
    as any disciplinary incidents at school.
        (E) Physical, mental and emotional health of the minor,
    indicating whether the minor has ever been diagnosed with a
    health issue and if so what services were provided and
    whether the minor was compliant with services.
        (F) Community based services that have been provided to
    the minor, and whether the minor was compliant with the
    services, and the reason the services were unsuccessful.
        (G) Services within the Department of Juvenile Justice
    that will meet the individualized needs of the minor.
    (1.5) Before the court commits a minor to the Department of
Juvenile Justice, the court must find reasonable efforts have
been made to prevent or eliminate the need for the minor to be
removed from the home, or reasonable efforts cannot, at this
time, for good cause, prevent or eliminate the need for
removal, and removal from home is in the best interests of the
minor, the minor's family, and the public.
    (2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder, the
court shall declare the minor a ward of the court and order the
minor committed to the Department of Juvenile Justice until the
minor's 21st birthday, without the possibility of aftercare
release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the
Department of Juvenile Justice, except that the time that a
minor spent in custody for the instant offense before being
committed to the Department of Juvenile Justice shall be
considered as time credited towards that 5 year period. Upon
release from a Department facility, a minor adjudged delinquent
for first degree murder shall be placed on aftercare release
until the age of 21, unless sooner discharged from aftercare
release or custodianship is otherwise terminated in accordance
with this Act or as otherwise provided for by law. Nothing in
this subsection (2) shall preclude the State's Attorney from
seeking to prosecute a minor as an adult as an alternative to
proceeding under this Act.
    (3) Except as provided in subsection (2), the commitment of
a delinquent to the Department of Juvenile Justice shall be for
an indeterminate term which shall automatically terminate upon
the delinquent attaining the age of 21 years or upon completion
of that period for which an adult could be committed for the
same act, whichever occurs sooner, unless the delinquent is
sooner discharged from aftercare release or custodianship is
otherwise terminated in accordance with this Act or as
otherwise provided for by law.
    (3.5) Every delinquent minor committed to the Department of
Juvenile Justice under this Act shall be eligible for aftercare
release without regard to the length of time the minor has been
confined or whether the minor has served any minimum term
imposed. Aftercare release shall be administered by the
Department of Juvenile Justice, under the direction of the
Director. Unless sooner discharged, the Department of Juvenile
Justice shall discharge a minor from aftercare release upon
completion of the following aftercare release terms:
        (a) One and a half years from the date a minor is
    released from a Department facility, if the minor was
    committed for a Class X felony;
        (b) One year from the date a minor is released from a
    Department facility, if the minor was committed for a Class
    1 or 2 felony; and
        (c) Six months from the date a minor is released from a
    Department facility, if the minor was committed for a Class
    3 felony or lesser offense.
    (4) When the court commits a minor to the Department of
Juvenile Justice, it shall order him or her conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The
clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
    (5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the
Department:
        (a) the sentencing order and copies of committing
    petition;
        (b) all reports;
        (c) the court's statement of the basis for ordering the
    disposition;
        (d) any sex offender evaluations;
        (e) any risk assessment or substance abuse treatment
    eligibility screening and assessment of the minor by an
    agent designated by the State to provide assessment
    services for the courts;
        (f) the number of days, if any, which the minor has
    been in custody and for which he or she is entitled to
    credit against the sentence, which information shall be
    provided to the clerk by the sheriff;
        (g) any medical or mental health records or summaries
    of the minor;
        (h) the municipality where the arrest of the minor
    occurred, the commission of the offense occurred, and the
    minor resided at the time of commission; and
        (h-5) a report detailing the minor's criminal history
    in a manner and form prescribed by the Department of
    Juvenile Justice; and
        (i) all additional matters which the court directs the
    clerk to transmit.
    (6) Whenever the Department of Juvenile Justice lawfully
discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating his or her custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
    (7) If, while on aftercare release, a minor committed to
the Department of Juvenile Justice is charged under the
criminal laws of this State with an offense that could result
in a sentence of imprisonment within the Department of
Corrections, the commitment to the Department of Juvenile
Justice and all rights and duties created by that commitment
are automatically suspended pending final disposition of the
criminal charge. If the minor is found guilty of the criminal
charge and sentenced to a term of imprisonment in the
penitentiary system of the Department of Corrections, the
commitment to the Department of Juvenile Justice shall be
automatically terminated. If the criminal charge is dismissed,
the minor is found not guilty, or the minor completes a
criminal sentence other than imprisonment within the
Department of Corrections, the previously imposed commitment
to the Department of Juvenile Justice and the full aftercare
release term shall be automatically reinstated unless
custodianship is sooner terminated. Nothing in this subsection
(7) shall preclude the court from ordering another sentence
under Section 5-710 of this Act or from terminating the
Department's custodianship while the commitment to the
Department is suspended.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2018