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Full Text of HB4581  100th General Assembly

HB4581eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB4581 EngrossedLRB100 17549 SLF 32719 b

1    AN ACT concerning juveniles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by 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
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights, powers
20and duties established in subparagraph (3) of paragraph (a) of
21Section 223 of the Federal "Juvenile Justice and Delinquency
22Prevention Act of 1974", as now or hereafter amended. The
23Commission shall determine the priorities for expenditure of

 

 

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1funds made available to the State by the Federal Government
2pursuant to that Act. The Commission shall have the following
3powers and duties:
4        (1) Development, review and final approval of the
5    State's juvenile justice plan for funds under the Federal
6    "Juvenile Justice and Delinquency Prevention Act of 1974";
7        (2) Review and approve or disapprove juvenile justice
8    and delinquency prevention grant applications to the
9    Department for federal funds under that Act;
10        (3) Annual submission of recommendations to the
11    Governor and the General Assembly concerning matters
12    relative to its function, including recommendations
13    regarding the inclusion of emerging adults into a
14    developmentally appropriate justice system, reducing
15    recidivism, and preventing deeper criminal involvement;
16        (4) Responsibility for the review of funds allocated to
17    Illinois under the "Juvenile Justice and Delinquency
18    Prevention Act of 1974" to ensure compliance with all
19    relevant federal laws and regulations;
20        (5) Function as the advisory committee for the State
21    Youth and Community Services Program as authorized under
22    Section 17 of this Act, and in that capacity be authorized
23    and empowered to assist and advise the Secretary of Human
24    Services on matters related to juvenile justice and
25    delinquency prevention programs and services; and
26        (6) Study the impact of, develop timelines, and propose

 

 

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1    a funding structure to accommodate the expansion of the
2    jurisdiction of the Illinois Juvenile Court to include
3    youth age 17 under the jurisdiction of the Juvenile Court
4    Act of 1987. The Commission shall submit a report by
5    December 31, 2011 to the General Assembly with
6    recommendations on extending juvenile court jurisdiction
7    to youth age 17 charged with felony offenses.
8    (b) On the effective date of this amendatory Act of the
996th General Assembly, the Illinois Juvenile Jurisdiction Task
10Force created by Public Act 95-1031 is abolished and its duties
11are transferred to the Illinois Juvenile Justice Commission as
12provided in paragraph (6) of subsection (a) of this Section.
13(Source: P.A. 96-1199, eff. 1-1-11.)
 
14    Section 10. The Juvenile Court Act of 1987 is amended by
15changing Section 5-105 as follows:
 
16    (705 ILCS 405/5-105)
17    Sec. 5-105. Definitions. As used in this Article:
18        (1) "Aftercare release" means the conditional and
19    revocable release of an adjudicated delinquent juvenile
20    committed to the Department of Juvenile Justice under the
21    supervision of the Department of Juvenile Justice.
22        (1.5) "Court" means the circuit court in a session or
23    division assigned to hear proceedings under this Act, and
24    includes the term Juvenile Court.

 

 

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1        (2) "Community service" means uncompensated labor for
2    a community service agency as hereinafter defined.
3        (2.5) "Community service agency" means a
4    not-for-profit organization, community organization,
5    church, charitable organization, individual, public
6    office, or other public body whose purpose is to enhance
7    the physical or mental health of a delinquent minor or to
8    rehabilitate the minor, or to improve the environmental
9    quality or social welfare of the community which agrees to
10    accept community service from juvenile delinquents and to
11    report on the progress of the community service to the
12    State's Attorney pursuant to an agreement or to the court
13    or to any agency designated by the court or to the
14    authorized diversion program that has referred the
15    delinquent minor for community service.
16        (3) "Delinquent minor" means any minor who prior to his
17    or her 18th birthday has violated or attempted to violate,
18    regardless of where the act occurred, any federal, State,
19    county or municipal law or ordinance. On and after January
20    1, 2019, "delinquent minor" includes a minor who prior to
21    his or her 19th birthday has committed a misdemeanor
22    offense and has violated or attempted to violate,
23    regardless of where the act occurred, a federal law or
24    State law, or county or municipal ordinance. On and after
25    January 1, 2021, "delinquent minor" includes a minor who
26    prior to his or her 21st birthday has committed a

 

 

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1    misdemeanor offense and has violated or attempted to
2    violate, regardless of where the act occurred, a federal
3    law or State law or county or municipal ordinance. The
4    changes made by this amendatory Act of the 100th General
5    Assembly apply to violations or attempted violations
6    committed on or after the effective of this amendatory Act
7    of the 100th General Assembly. A minor 13 years of age or
8    older charged with an act that constitutes a crime under
9    the laws of this State may be subject to a petition to
10    permit prosecution under the criminal laws under
11    subsection (3) of Section 5-805 of this Act.
12        (4) "Department" means the Department of Human
13    Services unless specifically referenced as another
14    department.
15        (5) "Detention" means the temporary care of a minor who
16    is alleged to be or has been adjudicated delinquent and who
17    requires secure custody for the minor's own protection or
18    the community's protection in a facility designed to
19    physically restrict the minor's movements, pending
20    disposition by the court or execution of an order of the
21    court for placement or commitment. Design features that
22    physically restrict movement include, but are not limited
23    to, locked rooms and the secure handcuffing of a minor to a
24    rail or other stationary object. In addition, "detention"
25    includes the court ordered care of an alleged or
26    adjudicated delinquent minor who requires secure custody

 

 

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1    pursuant to Section 5-125 of this Act.
2        (6) "Diversion" means the referral of a juvenile,
3    without court intervention, into a program that provides
4    services designed to educate the juvenile and develop a
5    productive and responsible approach to living in the
6    community.
7        (7) "Juvenile detention home" means a public facility
8    with specially trained staff that conforms to the county
9    juvenile detention standards adopted by the Department of
10    Juvenile Justice.
11        (8) "Juvenile justice continuum" means a set of
12    delinquency prevention programs and services designed for
13    the purpose of preventing or reducing delinquent acts,
14    including criminal activity by youth gangs, as well as
15    intervention, rehabilitation, and prevention services
16    targeted at minors who have committed delinquent acts, and
17    minors who have previously been committed to residential
18    treatment programs for delinquents. The term includes
19    children-in-need-of-services and
20    families-in-need-of-services programs; aftercare and
21    reentry services; substance abuse and mental health
22    programs; community service programs; community service
23    work programs; and alternative-dispute resolution programs
24    serving youth-at-risk of delinquency and their families,
25    whether offered or delivered by State or local governmental
26    entities, public or private for-profit or not-for-profit

 

 

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1    organizations, or religious or charitable organizations.
2    This term would also encompass any program or service
3    consistent with the purpose of those programs and services
4    enumerated in this subsection.
5        (9) "Juvenile police officer" means a sworn police
6    officer who has completed a Basic Recruit Training Course,
7    has been assigned to the position of juvenile police
8    officer by his or her chief law enforcement officer and has
9    completed the necessary juvenile officers training as
10    prescribed by the Illinois Law Enforcement Training
11    Standards Board, or in the case of a State police officer,
12    juvenile officer training approved by the Director of State
13    Police.
14        (10) "Minor" means a person under the age of 21 years
15    subject to this Act.
16        (11) "Non-secure custody" means confinement where the
17    minor is not physically restricted by being placed in a
18    locked cell or room, by being handcuffed to a rail or other
19    stationary object, or by other means. Non-secure custody
20    may include, but is not limited to, electronic monitoring,
21    foster home placement, home confinement, group home
22    placement, or physical restriction of movement or activity
23    solely through facility staff.
24        (12) "Public or community service" means uncompensated
25    labor for a not-for-profit organization or public body
26    whose purpose is to enhance physical or mental stability of

 

 

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1    the offender, environmental quality or the social welfare
2    and which agrees to accept public or community service from
3    offenders and to report on the progress of the offender and
4    the public or community service to the court or to the
5    authorized diversion program that has referred the
6    offender for public or community service. "Public or
7    community service" does not include blood donation or
8    assignment to labor at a blood bank. For the purposes of
9    this Act, "blood bank" has the meaning ascribed to the term
10    in Section 2-124 of the Illinois Clinical Laboratory and
11    Blood Bank Act.
12        (13) "Sentencing hearing" means a hearing to determine
13    whether a minor should be adjudged a ward of the court, and
14    to determine what sentence should be imposed on the minor.
15    It is the intent of the General Assembly that the term
16    "sentencing hearing" replace the term "dispositional
17    hearing" and be synonymous with that definition as it was
18    used in the Juvenile Court Act of 1987.
19        (14) "Shelter" means the temporary care of a minor in
20    physically unrestricting facilities pending court
21    disposition or execution of court order for placement.
22        (15) "Site" means a not-for-profit organization,
23    public body, church, charitable organization, or
24    individual agreeing to accept community service from
25    offenders and to report on the progress of ordered or
26    required public or community service to the court or to the

 

 

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1    authorized diversion program that has referred the
2    offender for public or community service.
3        (16) "Station adjustment" means the informal or formal
4    handling of an alleged offender by a juvenile police
5    officer.
6        (17) "Trial" means a hearing to determine whether the
7    allegations of a petition under Section 5-520 that a minor
8    is delinquent are proved beyond a reasonable doubt. It is
9    the intent of the General Assembly that the term "trial"
10    replace the term "adjudicatory hearing" and be synonymous
11    with that definition as it was used in the Juvenile Court
12    Act of 1987.
13    The changes made to this Section by Public Act 98-61 apply
14to violations or attempted violations committed on or after
15January 1, 2014 (the effective date of Public Act 98-61).
16(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
17eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
18eff. 7-20-15.)