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Public Act 101-0159 | ||||
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AN ACT concerning juveniles.
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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 Personnel Code is amended by changing | ||||
Section 12g as follows: | ||||
(20 ILCS 415/12g) | ||||
Sec. 12g. Department of Juvenile Justice; positions | ||||
teachers . | ||||
(a) Notwithstanding any other provision of law to the | ||||
contrary, the Department of Central Management Services is not | ||||
required to verify the license, endorsement, or both, of | ||||
individuals seeking positions within the Department of | ||||
Juvenile Justice requiring licensure by the State Board of | ||||
Education under Article 21B of the School Code the State | ||||
educator license of a teacher employed by the Department of | ||||
Juvenile Justice if the license is verified by the State Board | ||||
of Education . | ||||
(b) This Section shall become inoperative when the consent | ||||
decree entered into on December 6, 2012 (as has been or may be | ||||
corrected, amended, or modified in the action entitled R.J., et | ||||
al. v. Mueller, case no. 12-cv-07289, in the United States | ||||
District Court for the Northern District of Illinois, Eastern | ||||
Division) is no longer in force.
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(Source: P.A. 100-953, eff. 8-19-18.) | ||
Section 10. The Criminal Identification Act is amended by | ||
changing Section 5.2 as follows:
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(20 ILCS 2630/5.2)
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Sec. 5.2. Expungement, sealing, and immediate sealing. | ||
(a) General Provisions. | ||
(1) Definitions. In this Act, words and phrases have
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the meanings set forth in this subsection, except when a
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particular context clearly requires a different meaning. | ||
(A) The following terms shall have the meanings | ||
ascribed to them in the Unified Code of Corrections, | ||
730 ILCS 5/5-1-2 through 5/5-1-22: | ||
(i) Business Offense (730 ILCS 5/5-1-2), | ||
(ii) Charge (730 ILCS 5/5-1-3), | ||
(iii) Court (730 ILCS 5/5-1-6), | ||
(iv) Defendant (730 ILCS 5/5-1-7), | ||
(v) Felony (730 ILCS 5/5-1-9), | ||
(vi) Imprisonment (730 ILCS 5/5-1-10), | ||
(vii) Judgment (730 ILCS 5/5-1-12), | ||
(viii) Misdemeanor (730 ILCS 5/5-1-14), | ||
(ix) Offense (730 ILCS 5/5-1-15), | ||
(x) Parole (730 ILCS 5/5-1-16), | ||
(xi) Petty Offense (730 ILCS 5/5-1-17), | ||
(xii) Probation (730 ILCS 5/5-1-18), |
(xiii) Sentence (730 ILCS 5/5-1-19), | ||
(xiv) Supervision (730 ILCS 5/5-1-21), and | ||
(xv) Victim (730 ILCS 5/5-1-22). | ||
(B) As used in this Section, "charge not initiated | ||
by arrest" means a charge (as defined by 730 ILCS | ||
5/5-1-3) brought against a defendant where the | ||
defendant is not arrested prior to or as a direct | ||
result of the charge. | ||
(C) "Conviction" means a judgment of conviction or | ||
sentence entered upon a plea of guilty or upon a | ||
verdict or finding of guilty of an offense, rendered by | ||
a legally constituted jury or by a court of competent | ||
jurisdiction authorized to try the case without a jury. | ||
An order of supervision successfully completed by the | ||
petitioner is not a conviction. An order of qualified | ||
probation (as defined in subsection (a)(1)(J)) | ||
successfully completed by the petitioner is not a | ||
conviction. An order of supervision or an order of | ||
qualified probation that is terminated | ||
unsatisfactorily is a conviction, unless the | ||
unsatisfactory termination is reversed, vacated, or | ||
modified and the judgment of conviction, if any, is | ||
reversed or vacated. | ||
(D) "Criminal offense" means a petty offense, | ||
business offense, misdemeanor, felony, or municipal | ||
ordinance violation (as defined in subsection |
(a)(1)(H)). As used in this Section, a minor traffic | ||
offense (as defined in subsection (a)(1)(G)) shall not | ||
be considered a criminal offense. | ||
(E) "Expunge" means to physically destroy the | ||
records or return them to the petitioner and to | ||
obliterate the petitioner's name from any official | ||
index or public record, or both. Nothing in this Act | ||
shall require the physical destruction of the circuit | ||
court file, but such records relating to arrests or | ||
charges, or both, ordered expunged shall be impounded | ||
as required by subsections (d)(9)(A)(ii) and | ||
(d)(9)(B)(ii). | ||
(F) As used in this Section, "last sentence" means | ||
the sentence, order of supervision, or order of | ||
qualified probation (as defined by subsection | ||
(a)(1)(J)), for a criminal offense (as defined by | ||
subsection (a)(1)(D)) that terminates last in time in | ||
any jurisdiction, regardless of whether the petitioner | ||
has included the criminal offense for which the | ||
sentence or order of supervision or qualified | ||
probation was imposed in his or her petition. If | ||
multiple sentences, orders of supervision, or orders | ||
of qualified probation terminate on the same day and | ||
are last in time, they shall be collectively considered | ||
the "last sentence" regardless of whether they were | ||
ordered to run concurrently. |
(G) "Minor traffic offense" means a petty offense, | ||
business offense, or Class C misdemeanor under the | ||
Illinois Vehicle Code or a similar provision of a | ||
municipal or local ordinance. | ||
(H) "Municipal ordinance violation" means an | ||
offense defined by a municipal or local ordinance that | ||
is criminal in nature and with which the petitioner was | ||
charged or for which the petitioner was arrested and | ||
released without charging. | ||
(I) "Petitioner" means an adult or a minor | ||
prosecuted as an
adult who has applied for relief under | ||
this Section. | ||
(J) "Qualified probation" means an order of | ||
probation under Section 10 of the Cannabis Control Act, | ||
Section 410 of the Illinois Controlled Substances Act, | ||
Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||
of the Unified Code of Corrections, Section | ||
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||
those provisions existed before their deletion by | ||
Public Act 89-313), Section 10-102 of the Illinois | ||
Alcoholism and Other Drug Dependency Act, Section | ||
40-10 of the Substance Use Disorder Act, or Section 10 | ||
of the Steroid Control Act. For the purpose of this | ||
Section, "successful completion" of an order of | ||
qualified probation under Section 10-102 of the |
Illinois Alcoholism and Other Drug Dependency Act and | ||
Section 40-10 of the Substance Use Disorder Act means | ||
that the probation was terminated satisfactorily and | ||
the judgment of conviction was vacated. | ||
(K) "Seal" means to physically and electronically | ||
maintain the records, unless the records would | ||
otherwise be destroyed due to age, but to make the | ||
records unavailable without a court order, subject to | ||
the exceptions in Sections 12 and 13 of this Act. The | ||
petitioner's name shall also be obliterated from the | ||
official index required to be kept by the circuit court | ||
clerk under Section 16 of the Clerks of Courts Act, but | ||
any index issued by the circuit court clerk before the | ||
entry of the order to seal shall not be affected. | ||
(L) "Sexual offense committed against a minor" | ||
includes but is
not limited to the offenses of indecent | ||
solicitation of a child
or criminal sexual abuse when | ||
the victim of such offense is
under 18 years of age. | ||
(M) "Terminate" as it relates to a sentence or | ||
order of supervision or qualified probation includes | ||
either satisfactory or unsatisfactory termination of | ||
the sentence, unless otherwise specified in this | ||
Section. A sentence is terminated notwithstanding any | ||
outstanding financial legal obligation. | ||
(2) Minor Traffic Offenses.
Orders of supervision or | ||
convictions for minor traffic offenses shall not affect a |
petitioner's eligibility to expunge or seal records | ||
pursuant to this Section. | ||
(2.5) Commencing 180 days after July 29, 2016 (the | ||
effective date of Public Act 99-697), the law enforcement | ||
agency issuing the citation shall automatically expunge, | ||
on or before January 1 and July 1 of each year, the law | ||
enforcement records of a person found to have committed a | ||
civil law violation of subsection (a) of Section 4 of the | ||
Cannabis Control Act or subsection (c) of Section 3.5 of | ||
the Drug Paraphernalia Control Act in the law enforcement | ||
agency's possession or control and which contains the final | ||
satisfactory disposition which pertain to the person | ||
issued a citation for that offense.
The law enforcement | ||
agency shall provide by rule the process for access, | ||
review, and to confirm the automatic expungement by the law | ||
enforcement agency issuing the citation.
Commencing 180 | ||
days after July 29, 2016 (the effective date of Public Act | ||
99-697), the clerk of the circuit court shall expunge, upon | ||
order of the court, or in the absence of a court order on | ||
or before January 1 and July 1 of each year, the court | ||
records of a person found in the circuit court to have | ||
committed a civil law violation of subsection (a) of | ||
Section 4 of the Cannabis Control Act or subsection (c) of | ||
Section 3.5 of the Drug Paraphernalia Control Act in the | ||
clerk's possession or control and which contains the final | ||
satisfactory disposition which pertain to the person |
issued a citation for any of those offenses. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||
of this Section, the court shall not order: | ||
(A) the sealing or expungement of the records of | ||
arrests or charges not initiated by arrest that result | ||
in an order of supervision for or conviction of:
(i) | ||
any sexual offense committed against a
minor; (ii) | ||
Section 11-501 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance; or (iii) | ||
Section 11-503 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, unless the | ||
arrest or charge is for a misdemeanor violation of | ||
subsection (a) of Section 11-503 or a similar provision | ||
of a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the offender | ||
has no other conviction for violating Section 11-501 or | ||
11-503 of the Illinois Vehicle Code or a similar | ||
provision of a local ordinance. | ||
(B) the sealing or expungement of records of minor | ||
traffic offenses (as defined in subsection (a)(1)(G)), | ||
unless the petitioner was arrested and released | ||
without charging. | ||
(C) the sealing of the records of arrests or | ||
charges not initiated by arrest which result in an | ||
order of supervision or a conviction for the following |
offenses: | ||
(i) offenses included in Article 11 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
or a similar provision of a local ordinance, except | ||
Section 11-14 and a misdemeanor violation of | ||
Section 11-30 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||
26-5, or 48-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(iii) Sections 12-3.1 or 12-3.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, | ||
or Section 125 of the Stalking No Contact Order | ||
Act, or Section 219 of the Civil No Contact Order | ||
Act, or a similar provision of a local ordinance; | ||
(iv) Class A misdemeanors or felony offenses | ||
under the Humane Care for Animals Act; or | ||
(v) any offense or attempted offense that | ||
would subject a person to registration under the | ||
Sex Offender Registration Act. | ||
(D) (blank). | ||
(b) Expungement. | ||
(1) A petitioner may petition the circuit court to | ||
expunge the
records of his or her arrests and charges not |
initiated by arrest when each arrest or charge not | ||
initiated by arrest
sought to be expunged resulted in:
(i) | ||
acquittal, dismissal, or the petitioner's release without | ||
charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||
conviction which was vacated or reversed, unless excluded | ||
by subsection (a)(3)(B);
(iii) an order of supervision and | ||
such supervision was successfully completed by the | ||
petitioner, unless excluded by subsection (a)(3)(A) or | ||
(a)(3)(B); or
(iv) an order of qualified probation (as | ||
defined in subsection (a)(1)(J)) and such probation was | ||
successfully completed by the petitioner. | ||
(1.5) When a petitioner seeks to have a record of | ||
arrest expunged under this Section, and the offender has | ||
been convicted of a criminal offense, the State's Attorney | ||
may object to the expungement on the grounds that the | ||
records contain specific relevant information aside from | ||
the mere fact of the arrest. | ||
(2) Time frame for filing a petition to expunge. | ||
(A) When the arrest or charge not initiated by | ||
arrest sought to be expunged resulted in an acquittal, | ||
dismissal, the petitioner's release without charging, | ||
or the reversal or vacation of a conviction, there is | ||
no waiting period to petition for the expungement of | ||
such records. | ||
(B) When the arrest or charge not initiated by | ||
arrest
sought to be expunged resulted in an order of |
supervision, successfully
completed by the petitioner, | ||
the following time frames will apply: | ||
(i) Those arrests or charges that resulted in | ||
orders of
supervision under Section 3-707, 3-708, | ||
3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, or under | ||
Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, or a | ||
similar provision of a local ordinance, shall not | ||
be eligible for expungement until 5 years have | ||
passed following the satisfactory termination of | ||
the supervision. | ||
(i-5) Those arrests or charges that resulted | ||
in orders of supervision for a misdemeanor | ||
violation of subsection (a) of Section 11-503 of | ||
the Illinois Vehicle Code or a similar provision of | ||
a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the | ||
offender has no other conviction for violating | ||
Section 11-501 or 11-503 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance | ||
shall not be eligible for expungement until the | ||
petitioner has reached the age of 25 years. | ||
(ii) Those arrests or charges that resulted in | ||
orders
of supervision for any other offenses shall | ||
not be
eligible for expungement until 2 years have |
passed
following the satisfactory termination of | ||
the supervision. | ||
(C) When the arrest or charge not initiated by | ||
arrest sought to
be expunged resulted in an order of | ||
qualified probation, successfully
completed by the | ||
petitioner, such records shall not be eligible for
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expungement until 5 years have passed following the | ||
satisfactory
termination of the probation. | ||
(3) Those records maintained by the Department for
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persons arrested prior to their 17th birthday shall be
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expunged as provided in Section 5-915 of the Juvenile Court
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Act of 1987. | ||
(4) Whenever a person has been arrested for or | ||
convicted of any
offense, in the name of a person whose | ||
identity he or she has stolen or otherwise
come into | ||
possession of, the aggrieved person from whom the identity
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was stolen or otherwise obtained without authorization,
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upon learning of the person having been arrested using his
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or her identity, may, upon verified petition to the chief | ||
judge of
the circuit wherein the arrest was made, have a | ||
court order
entered nunc pro tunc by the Chief Judge to | ||
correct the
arrest record, conviction record, if any, and | ||
all official
records of the arresting authority, the | ||
Department, other
criminal justice agencies, the | ||
prosecutor, and the trial
court concerning such arrest, if | ||
any, by removing his or her name
from all such records in |
connection with the arrest and
conviction, if any, and by | ||
inserting in the records the
name of the offender, if known | ||
or ascertainable, in lieu of
the aggrieved's name. The | ||
records of the circuit court clerk shall be sealed until | ||
further order of
the court upon good cause shown and the | ||
name of the
aggrieved person obliterated on the official | ||
index
required to be kept by the circuit court clerk under
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Section 16 of the Clerks of Courts Act, but the order shall
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not affect any index issued by the circuit court clerk
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before the entry of the order. Nothing in this Section
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shall limit the Department of State Police or other
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criminal justice agencies or prosecutors from listing
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under an offender's name the false names he or she has
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used. | ||
(5) Whenever a person has been convicted of criminal
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sexual assault, aggravated criminal sexual assault,
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predatory criminal sexual assault of a child, criminal
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sexual abuse, or aggravated criminal sexual abuse, the
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victim of that offense may request that the State's
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Attorney of the county in which the conviction occurred
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file a verified petition with the presiding trial judge at
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the petitioner's trial to have a court order entered to | ||
seal
the records of the circuit court clerk in connection
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with the proceedings of the trial court concerning that
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offense. However, the records of the arresting authority
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and the Department of State Police concerning the offense
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shall not be sealed. The court, upon good cause shown,
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shall make the records of the circuit court clerk in
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connection with the proceedings of the trial court
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concerning the offense available for public inspection. | ||
(6) If a conviction has been set aside on direct review
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or on collateral attack and the court determines by clear
| ||
and convincing evidence that the petitioner was factually
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innocent of the charge, the court that finds the petitioner | ||
factually innocent of the charge shall enter an
expungement | ||
order for the conviction for which the petitioner has been | ||
determined to be innocent as provided in subsection (b) of | ||
Section
5-5-4 of the Unified Code of Corrections. | ||
(7) Nothing in this Section shall prevent the | ||
Department of
State Police from maintaining all records of | ||
any person who
is admitted to probation upon terms and | ||
conditions and who
fulfills those terms and conditions | ||
pursuant to Section 10
of the Cannabis Control Act, Section | ||
410 of the Illinois
Controlled Substances Act, Section 70 | ||
of the
Methamphetamine Control and Community Protection | ||
Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||
Corrections, Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, Section 10-102
of the Illinois | ||
Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||
the Substance Use Disorder Act, or Section 10 of the | ||
Steroid Control Act. |
(8) If the petitioner has been granted a certificate of | ||
innocence under Section 2-702 of the Code of Civil | ||
Procedure, the court that grants the certificate of | ||
innocence shall also enter an order expunging the | ||
conviction for which the petitioner has been determined to | ||
be innocent as provided in subsection (h) of Section 2-702 | ||
of the Code of Civil Procedure. | ||
(c) Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any rights | ||
to expungement of criminal records, this subsection | ||
authorizes the sealing of criminal records of adults and of | ||
minors prosecuted as adults. Subsection (g) of this Section | ||
provides for immediate sealing of certain records. | ||
(2) Eligible Records. The following records may be | ||
sealed: | ||
(A) All arrests resulting in release without | ||
charging; | ||
(B) Arrests or charges not initiated by arrest | ||
resulting in acquittal, dismissal, or conviction when | ||
the conviction was reversed or vacated, except as | ||
excluded by subsection (a)(3)(B); | ||
(C) Arrests or charges not initiated by arrest | ||
resulting in orders of supervision, including orders | ||
of supervision for municipal ordinance violations, | ||
successfully completed by the petitioner, unless |
excluded by subsection (a)(3); | ||
(D) Arrests or charges not initiated by arrest | ||
resulting in convictions, including convictions on | ||
municipal ordinance violations, unless excluded by | ||
subsection (a)(3); | ||
(E) Arrests or charges not initiated by arrest | ||
resulting in orders of first offender probation under | ||
Section 10 of the Cannabis Control Act, Section 410 of | ||
the Illinois Controlled Substances Act, Section 70 of | ||
the Methamphetamine Control and Community Protection | ||
Act, or Section 5-6-3.3 of the Unified Code of | ||
Corrections; and | ||
(F) Arrests or charges not initiated by arrest | ||
resulting in felony convictions unless otherwise | ||
excluded by subsection (a) paragraph (3) of this | ||
Section. | ||
(3) When Records Are Eligible to Be Sealed. Records | ||
identified as eligible under subsection (c)(2) may be | ||
sealed as follows: | ||
(A) Records identified as eligible under | ||
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||
time. | ||
(B) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsection (c)(2)(C) may be sealed
2 | ||
years after the termination of petitioner's last |
sentence (as defined in subsection (a)(1)(F)). | ||
(C) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsections (c)(2)(D), (c)(2)(E), and | ||
(c)(2)(F) may be sealed 3 years after the termination | ||
of the petitioner's last sentence (as defined in | ||
subsection (a)(1)(F)). Convictions requiring public | ||
registration under the Arsonist Registration Act, the | ||
Sex Offender Registration Act, or the Murderer and | ||
Violent Offender Against Youth Registration Act may | ||
not be sealed until the petitioner is no longer | ||
required to register under that relevant Act. | ||
(D) Records identified in subsection | ||
(a)(3)(A)(iii) may be sealed after the petitioner has | ||
reached the age of 25 years. | ||
(E) Records identified as eligible under | ||
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||
(c)(2)(F) may be sealed upon termination of the | ||
petitioner's last sentence if the petitioner earned a | ||
high school diploma, associate's degree, career | ||
certificate, vocational technical certification, or | ||
bachelor's degree, or passed the high school level Test | ||
of General Educational Development, during the period | ||
of his or her sentence , aftercare release, or mandatory | ||
supervised release. This subparagraph shall apply only | ||
to a petitioner who has not completed the same |
educational goal prior to the period of his or her | ||
sentence, aftercare release, or mandatory supervised | ||
release. If a petition for sealing eligible records | ||
filed under this subparagraph is denied by the court, | ||
the time periods under subparagraph (B) or (C) shall | ||
apply to any subsequent petition for sealing filed by | ||
the petitioner. | ||
(4) Subsequent felony convictions. A person may not | ||
have
subsequent felony conviction records sealed as | ||
provided in this subsection
(c) if he or she is convicted | ||
of any felony offense after the date of the
sealing of | ||
prior felony convictions as provided in this subsection | ||
(c). The court may, upon conviction for a subsequent felony | ||
offense, order the unsealing of prior felony conviction | ||
records previously ordered sealed by the court. | ||
(5) Notice of eligibility for sealing. Upon entry of a | ||
disposition for an eligible record under this subsection | ||
(c), the petitioner shall be informed by the court of the | ||
right to have the records sealed and the procedures for the | ||
sealing of the records. | ||
(d) Procedure. The following procedures apply to | ||
expungement under subsections (b), (e), and (e-6) and sealing | ||
under subsections (c) and (e-5): | ||
(1) Filing the petition. Upon becoming eligible to | ||
petition for
the expungement or sealing of records under | ||
this Section, the petitioner shall file a petition |
requesting the expungement
or sealing of records with the | ||
clerk of the court where the arrests occurred or the | ||
charges were brought, or both. If arrests occurred or | ||
charges were brought in multiple jurisdictions, a petition | ||
must be filed in each such jurisdiction. The petitioner | ||
shall pay the applicable fee, except no fee shall be | ||
required if the petitioner has obtained a court order | ||
waiving fees under Supreme Court Rule 298 or it is | ||
otherwise waived. | ||
(1.5) County fee waiver pilot program.
In a county of | ||
3,000,000 or more inhabitants, no fee shall be required to | ||
be paid by a petitioner if the records sought to be | ||
expunged or sealed were arrests resulting in release | ||
without charging or arrests or charges not initiated by | ||
arrest resulting in acquittal, dismissal, or conviction | ||
when the conviction was reversed or vacated, unless | ||
excluded by subsection (a)(3)(B). The provisions of this | ||
paragraph (1.5), other than this sentence, are inoperative | ||
on and after January 1, 2019. | ||
(2) Contents of petition. The petition shall be
| ||
verified and shall contain the petitioner's name, date of
| ||
birth, current address and, for each arrest or charge not | ||
initiated by
arrest sought to be sealed or expunged, the | ||
case number, the date of
arrest (if any), the identity of | ||
the arresting authority, and such
other information as the | ||
court may require. During the pendency
of the proceeding, |
the petitioner shall promptly notify the
circuit court | ||
clerk of any change of his or her address. If the | ||
petitioner has received a certificate of eligibility for | ||
sealing from the Prisoner Review Board under paragraph (10) | ||
of subsection (a) of Section 3-3-2 of the Unified Code of | ||
Corrections, the certificate shall be attached to the | ||
petition. | ||
(3) Drug test. The petitioner must attach to the | ||
petition proof that the petitioner has passed a test taken | ||
within 30 days before the filing of the petition showing | ||
the absence within his or her body of all illegal | ||
substances as defined by the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, and the Cannabis Control Act if he or she | ||
is petitioning to: | ||
(A) seal felony records under clause (c)(2)(E); | ||
(B) seal felony records for a violation of the | ||
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
or the Cannabis Control Act under clause (c)(2)(F); | ||
(C) seal felony records under subsection (e-5); or | ||
(D) expunge felony records of a qualified | ||
probation under clause (b)(1)(iv). | ||
(4) Service of petition. The circuit court clerk shall | ||
promptly
serve a copy of the petition and documentation to | ||
support the petition under subsection (e-5) or (e-6) on the |
State's Attorney or
prosecutor charged with the duty of | ||
prosecuting the
offense, the Department of State Police, | ||
the arresting
agency and the chief legal officer of the | ||
unit of local
government effecting the arrest. | ||
(5) Objections. | ||
(A) Any party entitled to notice of the petition | ||
may file an objection to the petition. All objections | ||
shall be in writing, shall be filed with the circuit | ||
court clerk, and shall state with specificity the basis | ||
of the objection. Whenever a person who has been | ||
convicted of an offense is granted
a pardon by the | ||
Governor which specifically authorizes expungement, an | ||
objection to the petition may not be filed. | ||
(B) Objections to a petition to expunge or seal | ||
must be filed within 60 days of the date of service of | ||
the petition. | ||
(6) Entry of order. | ||
(A) The Chief Judge of the circuit wherein the | ||
charge was brought, any judge of that circuit | ||
designated by the Chief Judge, or in counties of less | ||
than 3,000,000 inhabitants, the presiding trial judge | ||
at the petitioner's trial, if any, shall rule on the | ||
petition to expunge or seal as set forth in this | ||
subsection (d)(6). | ||
(B) Unless the State's Attorney or prosecutor, the | ||
Department of
State Police, the arresting agency, or |
the chief legal officer
files an objection to the | ||
petition to expunge or seal within 60 days from the | ||
date of service of the petition, the court shall enter | ||
an order granting or denying the petition. | ||
(C) Notwithstanding any other provision of law, | ||
the court shall not deny a petition for sealing under | ||
this Section because the petitioner has not satisfied | ||
an outstanding legal financial obligation established, | ||
imposed, or originated by a court, law enforcement | ||
agency, or a municipal, State, county, or other unit of | ||
local government, including, but not limited to, any | ||
cost, assessment, fine, or fee. An outstanding legal | ||
financial obligation does not include any court | ||
ordered restitution to a victim under Section 5-5-6 of | ||
the Unified Code of Corrections, unless the | ||
restitution has been converted to a civil judgment. | ||
Nothing in this subparagraph (C) waives, rescinds, or | ||
abrogates a legal financial obligation or otherwise | ||
eliminates or affects the right of the holder of any | ||
financial obligation to pursue collection under | ||
applicable federal, State, or local law. | ||
(7) Hearings. If an objection is filed, the court shall | ||
set a date for a hearing and notify the petitioner and all | ||
parties entitled to notice of the petition of the hearing | ||
date at least 30 days prior to the hearing. Prior to the | ||
hearing, the State's Attorney shall consult with the |
Department as to the appropriateness of the relief sought | ||
in the petition to expunge or seal. At the hearing, the | ||
court shall hear evidence on whether the petition should or | ||
should not be granted, and shall grant or deny the petition | ||
to expunge or seal the records based on the evidence | ||
presented at the hearing. The court may consider the | ||
following: | ||
(A) the strength of the evidence supporting the | ||
defendant's conviction; | ||
(B) the reasons for retention of the conviction | ||
records by the State; | ||
(C) the petitioner's age, criminal record history, | ||
and employment history; | ||
(D) the period of time between the petitioner's | ||
arrest on the charge resulting in the conviction and | ||
the filing of the petition under this Section; and | ||
(E) the specific adverse consequences the | ||
petitioner may be subject to if the petition is denied. | ||
(8) Service of order. After entering an order to | ||
expunge or
seal records, the court must provide copies of | ||
the order to the
Department, in a form and manner | ||
prescribed by the Department,
to the petitioner, to the | ||
State's Attorney or prosecutor
charged with the duty of | ||
prosecuting the offense, to the
arresting agency, to the | ||
chief legal officer of the unit of
local government | ||
effecting the arrest, and to such other
criminal justice |
agencies as may be ordered by the court. | ||
(9) Implementation of order. | ||
(A) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency, | ||
the Department, and any other agency as ordered by | ||
the court, within 60 days of the date of service of | ||
the order, unless a motion to vacate, modify, or | ||
reconsider the order is filed pursuant to | ||
paragraph (12) of subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
and | ||
(iii) in response to an inquiry for expunged | ||
records, the court, the Department, or the agency | ||
receiving such inquiry, shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B) Upon entry of an order to expunge records |
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed pursuant to paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
pursuant to paragraph (12) of subsection (d) of | ||
this Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the |
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for such records | ||
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B-5) Upon entry of an order to expunge records | ||
under subsection (e-6): | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed under paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
under paragraph (12) of subsection (d) of this | ||
Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the | ||
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for these records | ||
from anyone not authorized by law to access the | ||
records, the court, the Department, or the agency | ||
receiving the inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(C) Upon entry of an order to seal records under | ||
subsection
(c), the arresting agency, any other agency | ||
as ordered by the court, the Department, and the court | ||
shall seal the records (as defined in subsection | ||
(a)(1)(K)). In response to an inquiry for such records, |
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever existed. | ||
(D) The Department shall send written notice to the | ||
petitioner of its compliance with each order to expunge | ||
or seal records within 60 days of the date of service | ||
of that order or, if a motion to vacate, modify, or | ||
reconsider is filed, within 60 days of service of the | ||
order resolving the motion, if that order requires the | ||
Department to expunge or seal records. In the event of | ||
an appeal from the circuit court order, the Department | ||
shall send written notice to the petitioner of its | ||
compliance with an Appellate Court or Supreme Court | ||
judgment to expunge or seal records within 60 days of | ||
the issuance of the court's mandate. The notice is not | ||
required while any motion to vacate, modify, or | ||
reconsider, or any appeal or petition for | ||
discretionary appellate review, is pending. | ||
(E) Upon motion, the court may order that a sealed | ||
judgment or other court record necessary to | ||
demonstrate the amount of any legal financial | ||
obligation due and owing be made available for the | ||
limited purpose of collecting any legal financial | ||
obligations owed by the petitioner that were | ||
established, imposed, or originated in the criminal |
proceeding for which those records have been sealed. | ||
The records made available under this subparagraph (E) | ||
shall not be entered into the official index required | ||
to be kept by the circuit court clerk under Section 16 | ||
of the Clerks of Courts Act and shall be immediately | ||
re-impounded upon the collection of the outstanding | ||
financial obligations. | ||
(F) Notwithstanding any other provision of this | ||
Section, a circuit court clerk may access a sealed | ||
record for the limited purpose of collecting payment | ||
for any legal financial obligations that were | ||
established, imposed, or originated in the criminal | ||
proceedings for which those records have been sealed. | ||
(10) Fees. The Department may charge the petitioner a | ||
fee equivalent to the cost of processing any order to | ||
expunge or seal records. Notwithstanding any provision of | ||
the Clerks of Courts Act to the contrary, the circuit court | ||
clerk may charge a fee equivalent to the cost associated | ||
with the sealing or expungement of records by the circuit | ||
court clerk. From the total filing fee collected for the | ||
petition to seal or expunge, the circuit court clerk shall | ||
deposit $10 into the Circuit Court Clerk Operation and | ||
Administrative Fund, to be used to offset the costs | ||
incurred by the circuit court clerk in performing the | ||
additional duties required to serve the petition to seal or | ||
expunge on all parties. The circuit court clerk shall |
collect and forward the Department of State Police portion | ||
of the fee to the Department and it shall be deposited in | ||
the State Police Services Fund. If the record brought under | ||
an expungement petition was previously sealed under this | ||
Section, the fee for the expungement petition for that same | ||
record shall be waived. | ||
(11) Final Order. No court order issued under the | ||
expungement or sealing provisions of this Section shall | ||
become final for purposes of appeal until 30 days after | ||
service of the order on the petitioner and all parties | ||
entitled to notice of the petition. | ||
(12) Motion to Vacate, Modify, or Reconsider. Under | ||
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner or any party entitled to notice may file a | ||
motion to vacate, modify, or reconsider the order granting | ||
or denying the petition to expunge or seal within 60 days | ||
of service of the order. If filed more than 60 days after | ||
service of the order, a petition to vacate, modify, or | ||
reconsider shall comply with subsection (c) of Section | ||
2-1401 of the Code of Civil Procedure. Upon filing of a | ||
motion to vacate, modify, or reconsider, notice of the | ||
motion shall be served upon the petitioner and all parties | ||
entitled to notice of the petition. | ||
(13) Effect of Order. An order granting a petition | ||
under the expungement or sealing provisions of this Section | ||
shall not be considered void because it fails to comply |
with the provisions of this Section or because of any error | ||
asserted in a motion to vacate, modify, or reconsider. The | ||
circuit court retains jurisdiction to determine whether | ||
the order is voidable and to vacate, modify, or reconsider | ||
its terms based on a motion filed under paragraph (12) of | ||
this subsection (d). | ||
(14) Compliance with Order Granting Petition to Seal | ||
Records. Unless a court has entered a stay of an order | ||
granting a petition to seal, all parties entitled to notice | ||
of the petition must fully comply with the terms of the | ||
order within 60 days of service of the order even if a | ||
party is seeking relief from the order through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order. | ||
(15) Compliance with Order Granting Petition to | ||
Expunge Records. While a party is seeking relief from the | ||
order granting the petition to expunge through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order, and unless a court has entered a stay | ||
of that order, the parties entitled to notice of the | ||
petition must seal, but need not expunge, the records until | ||
there is a final order on the motion for relief or, in the | ||
case of an appeal, the issuance of that court's mandate. | ||
(16) The changes to this subsection (d) made by Public | ||
Act 98-163 apply to all petitions pending on August 5, 2013 | ||
(the effective date of Public Act 98-163) and to all orders |
ruling on a petition to expunge or seal on or after August | ||
5, 2013 (the effective date of Public Act 98-163). | ||
(e) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he or she may,
upon verified petition | ||
to the Chief Judge of the circuit where the person had
been | ||
convicted, any judge of the circuit designated by the Chief | ||
Judge, or in
counties of less than 3,000,000 inhabitants, the | ||
presiding trial judge at the
defendant's trial, have a court | ||
order entered expunging the record of
arrest from the official | ||
records of the arresting authority and order that the
records | ||
of the circuit court clerk and the Department be sealed until
| ||
further order of the court upon good cause shown or as | ||
otherwise provided
herein, and the name of the defendant | ||
obliterated from the official index
requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks
of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for
which he or she had been pardoned but the order | ||
shall not affect any index issued by
the circuit court clerk | ||
before the entry of the order. All records sealed by
the | ||
Department may be disseminated by the Department only to the | ||
arresting authority, the State's Attorney, and the court upon a | ||
later
arrest for the same or similar offense or for the purpose | ||
of sentencing for any
subsequent felony. Upon conviction for | ||
any subsequent offense, the Department
of Corrections shall | ||
have access to all sealed records of the Department
pertaining |
to that individual. Upon entry of the order of expungement, the
| ||
circuit court clerk shall promptly mail a copy of the order to | ||
the
person who was pardoned. | ||
(e-5) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for sealing by | ||
the Prisoner Review Board which specifically authorizes | ||
sealing, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered sealing the record of arrest from the official records | ||
of the arresting authority and order that the records of the | ||
circuit court clerk and the Department be sealed until further | ||
order of the court upon good cause shown or as otherwise | ||
provided herein, and the name of the petitioner obliterated | ||
from the official index requested to be kept by the circuit | ||
court clerk under Section 16 of the Clerks of Courts Act in | ||
connection with the arrest and conviction for the offense for | ||
which he or she had been granted the certificate but the order | ||
shall not affect any index issued by the circuit court clerk | ||
before the entry of the order. All records sealed by the | ||
Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose |
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all sealed records of the Department pertaining | ||
to that individual. Upon entry of the order of sealing, the | ||
circuit court clerk shall promptly mail a copy of the order to | ||
the person who was granted the certificate of eligibility for | ||
sealing. | ||
(e-6) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for expungement | ||
by the Prisoner Review Board which specifically authorizes | ||
expungement, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered expunging the record of arrest from the official | ||
records of the arresting authority and order that the records | ||
of the circuit court clerk and the Department be sealed until | ||
further order of the court upon good cause shown or as | ||
otherwise provided herein, and the name of the petitioner | ||
obliterated from the official index requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for which he or she had been granted the certificate | ||
but the order shall not affect any index issued by the circuit | ||
court clerk before the entry of the order. All records sealed |
by the Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all expunged records of the Department | ||
pertaining to that individual. Upon entry of the order of | ||
expungement, the circuit court clerk shall promptly mail a copy | ||
of the order to the person who was granted the certificate of | ||
eligibility for expungement. | ||
(f) Subject to available funding, the Illinois Department
| ||
of Corrections shall conduct a study of the impact of sealing,
| ||
especially on employment and recidivism rates, utilizing a
| ||
random sample of those who apply for the sealing of their
| ||
criminal records under Public Act 93-211. At the request of the
| ||
Illinois Department of Corrections, records of the Illinois
| ||
Department of Employment Security shall be utilized as
| ||
appropriate to assist in the study. The study shall not
| ||
disclose any data in a manner that would allow the
| ||
identification of any particular individual or employing unit.
| ||
The study shall be made available to the General Assembly no
| ||
later than September 1, 2010.
| ||
(g) Immediate Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any rights |
to expungement or sealing of criminal records, this | ||
subsection authorizes the immediate sealing of criminal | ||
records of adults and of minors prosecuted as adults. | ||
(2) Eligible Records. Arrests or charges not initiated | ||
by arrest resulting in acquittal or dismissal with | ||
prejudice, except as excluded by subsection (a)(3)(B), | ||
that occur on or after January 1, 2018 (the effective date | ||
of Public Act 100-282), may be sealed immediately if the | ||
petition is filed with the circuit court clerk on the same | ||
day and during the same hearing in which the case is | ||
disposed. | ||
(3) When Records are Eligible to be Immediately Sealed. | ||
Eligible records under paragraph (2) of this subsection (g) | ||
may be sealed immediately after entry of the final | ||
disposition of a case, notwithstanding the disposition of | ||
other charges in the same case. | ||
(4) Notice of Eligibility for Immediate Sealing. Upon | ||
entry of a disposition for an eligible record under this | ||
subsection (g), the defendant shall be informed by the | ||
court of his or her right to have eligible records | ||
immediately sealed and the procedure for the immediate | ||
sealing of these records. | ||
(5) Procedure. The following procedures apply to | ||
immediate sealing under this subsection (g). | ||
(A) Filing the Petition. Upon entry of the final | ||
disposition of the case, the defendant's attorney may |
immediately petition the court, on behalf of the | ||
defendant, for immediate sealing of eligible records | ||
under paragraph (2) of this subsection (g) that are | ||
entered on or after January 1, 2018 (the effective date | ||
of Public Act 100-282). The immediate sealing petition | ||
may be filed with the circuit court clerk during the | ||
hearing in which the final disposition of the case is | ||
entered. If the defendant's attorney does not file the | ||
petition for immediate sealing during the hearing, the | ||
defendant may file a petition for sealing at any time | ||
as authorized under subsection (c)(3)(A). | ||
(B) Contents of Petition. The immediate sealing | ||
petition shall be verified and shall contain the | ||
petitioner's name, date of birth, current address, and | ||
for each eligible record, the case number, the date of | ||
arrest if applicable, the identity of the arresting | ||
authority if applicable, and other information as the | ||
court may require. | ||
(C) Drug Test. The petitioner shall not be required | ||
to attach proof that he or she has passed a drug test. | ||
(D) Service of Petition. A copy of the petition | ||
shall be served on the State's Attorney in open court. | ||
The petitioner shall not be required to serve a copy of | ||
the petition on any other agency. | ||
(E) Entry of Order. The presiding trial judge shall | ||
enter an order granting or denying the petition for |
immediate sealing during the hearing in which it is | ||
filed. Petitions for immediate sealing shall be ruled | ||
on in the same hearing in which the final disposition | ||
of the case is entered. | ||
(F) Hearings. The court shall hear the petition for | ||
immediate sealing on the same day and during the same | ||
hearing in which the disposition is rendered. | ||
(G) Service of Order. An order to immediately seal | ||
eligible records shall be served in conformance with | ||
subsection (d)(8). | ||
(H) Implementation of Order. An order to | ||
immediately seal records shall be implemented in | ||
conformance with subsections (d)(9)(C) and (d)(9)(D). | ||
(I) Fees. The fee imposed by the circuit court | ||
clerk and the Department of State Police shall comply | ||
with paragraph (1) of subsection (d) of this Section. | ||
(J) Final Order. No court order issued under this | ||
subsection (g) shall become final for purposes of | ||
appeal until 30 days after service of the order on the | ||
petitioner and all parties entitled to service of the | ||
order in conformance with subsection (d)(8). | ||
(K) Motion to Vacate, Modify, or Reconsider. Under | ||
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner, State's Attorney, or the Department of | ||
State Police may file a motion to vacate, modify, or | ||
reconsider the order denying the petition to |
immediately seal within 60 days of service of the | ||
order. If filed more than 60 days after service of the | ||
order, a petition to vacate, modify, or reconsider | ||
shall comply with subsection (c) of Section 2-1401 of | ||
the Code of Civil Procedure. | ||
(L) Effect of Order. An order granting an immediate | ||
sealing petition shall not be considered void because | ||
it fails to comply with the provisions of this Section | ||
or because of an error asserted in a motion to vacate, | ||
modify, or reconsider. The circuit court retains | ||
jurisdiction to determine whether the order is | ||
voidable, and to vacate, modify, or reconsider its | ||
terms based on a motion filed under subparagraph (L) of | ||
this subsection (g). | ||
(M) Compliance with Order Granting Petition to | ||
Seal Records. Unless a court has entered a stay of an | ||
order granting a petition to immediately seal, all | ||
parties entitled to service of the order must fully | ||
comply with the terms of the order within 60 days of | ||
service of the order. | ||
(h) Sealing; trafficking victims. | ||
(1) A trafficking victim as defined by paragraph (10) | ||
of subsection (a) of Section 10-9 of the Criminal Code of | ||
2012 shall be eligible to petition for immediate sealing of | ||
his or her criminal record upon the completion of his or | ||
her last sentence if his or her participation in the |
underlying offense was a direct result of human trafficking | ||
under Section 10-9 of the Criminal Code of 2012 or a severe | ||
form of trafficking under the federal Trafficking Victims | ||
Protection Act. | ||
(2) A petitioner under this subsection (h), in addition | ||
to the requirements provided under paragraph (4) of | ||
subsection (d) of this Section, shall include in his or her | ||
petition a clear and concise statement that: (A) he or she | ||
was a victim of human trafficking at the time of the | ||
offense; and (B) that his or her participation in the | ||
offense was a direct result of human trafficking under | ||
Section 10-9 of the Criminal Code of 2012 or a severe form | ||
of trafficking under the federal Trafficking Victims | ||
Protection Act. | ||
(3) If an objection is filed alleging that the | ||
petitioner is not entitled to immediate sealing under this | ||
subsection (h), the court shall conduct a hearing under | ||
paragraph (7) of subsection (d) of this Section and the | ||
court shall determine whether the petitioner is entitled to | ||
immediate sealing under this subsection (h). A petitioner | ||
is eligible for immediate relief under this subsection (h) | ||
if he or she shows, by a preponderance of the evidence, | ||
that: (A) he or she was a victim of human trafficking at | ||
the time of the offense; and (B) that his or her | ||
participation in the offense was a direct result of human | ||
trafficking under Section 10-9 of the Criminal Code of 2012 |
or a severe form of trafficking under the federal | ||
Trafficking Victims Protection Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16; | ||
99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff. | ||
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, | ||
eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; | ||
100-863, eff. 8-14-18; revised 8-30-18.)
| ||
Section 15. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 5-710 and 5-750 as follows:
| ||
(705 ILCS 405/5-710)
| ||
Sec. 5-710. Kinds of sentencing orders.
| ||
(1) The following kinds of sentencing orders may be made in | ||
respect of
wards of the court:
| ||
(a) Except as provided in Sections 5-805, 5-810, and | ||
5-815, a minor who is
found
guilty under Section 5-620 may | ||
be:
| ||
(i) put on probation or conditional discharge and | ||
released to his or her
parents, guardian or legal | ||
custodian, provided, however, that any such minor
who | ||
is not committed to the Department of Juvenile Justice | ||
under
this subsection and who is found to be a | ||
delinquent for an offense which is
first degree murder, | ||
a Class X felony, or a forcible felony shall be placed |
on
probation;
| ||
(ii) placed in accordance with Section 5-740, with | ||
or without also being
put on probation or conditional | ||
discharge;
| ||
(iii) required to undergo a substance abuse | ||
assessment conducted by a
licensed provider and | ||
participate in the indicated clinical level of care;
| ||
(iv) on and after the effective date of this | ||
amendatory Act of the 98th General Assembly and before | ||
January 1, 2017, placed in the guardianship of the | ||
Department of Children and Family
Services, but only if | ||
the delinquent minor is under 16 years of age or, | ||
pursuant to Article II of this Act, a minor for whom an | ||
independent basis of abuse, neglect, or dependency | ||
exists. On and after January 1, 2017, placed in the | ||
guardianship of the Department of Children and Family
| ||
Services, but only if the delinquent minor is under 15 | ||
years of age or, pursuant to Article II of this Act, a | ||
minor for whom an independent basis of abuse, neglect, | ||
or dependency exists. An independent basis exists when | ||
the allegations or adjudication of abuse, neglect, or | ||
dependency do not arise from the same facts, incident, | ||
or circumstances which give rise to a charge or | ||
adjudication of delinquency;
| ||
(v) placed in detention for a period not to exceed | ||
30 days, either as
the
exclusive order of disposition |
or, where appropriate, in conjunction with any
other | ||
order of disposition issued under this paragraph, | ||
provided that any such
detention shall be in a juvenile | ||
detention home and the minor so detained shall
be 10 | ||
years of age or older. However, the 30-day limitation | ||
may be extended by
further order of the court for a | ||
minor under age 15 committed to the Department
of | ||
Children and Family Services if the court finds that | ||
the minor is a danger
to himself or others. The minor | ||
shall be given credit on the sentencing order
of | ||
detention for time spent in detention under Sections | ||
5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||
result of the offense for which the sentencing order | ||
was imposed.
The court may grant credit on a sentencing | ||
order of detention entered under a
violation of | ||
probation or violation of conditional discharge under | ||
Section
5-720 of this Article for time spent in | ||
detention before the filing of the
petition
alleging | ||
the violation. A minor shall not be deprived of credit | ||
for time spent
in detention before the filing of a | ||
violation of probation or conditional
discharge | ||
alleging the same or related act or acts. The | ||
limitation that the minor shall only be placed in a | ||
juvenile detention home does not apply as follows: | ||
Persons 18 years of age and older who have a | ||
petition of delinquency filed against them may be |
confined in an adult detention facility. In making a | ||
determination whether to confine a person 18 years of | ||
age or older who has a petition of delinquency filed | ||
against the person, these factors, among other | ||
matters, shall be considered: | ||
(A) the age of the person; | ||
(B) any previous delinquent or criminal | ||
history of the person; | ||
(C) any previous abuse or neglect history of | ||
the person; | ||
(D) any mental health history of the person; | ||
and | ||
(E) any educational history of the person;
| ||
(vi) ordered partially or completely emancipated | ||
in accordance with the
provisions of the Emancipation | ||
of Minors Act;
| ||
(vii) subject to having his or her driver's license | ||
or driving
privileges
suspended for such time as | ||
determined by the court but only until he or she
| ||
attains 18 years of age;
| ||
(viii) put on probation or conditional discharge | ||
and placed in detention
under Section 3-6039 of the | ||
Counties Code for a period not to exceed the period
of | ||
incarceration permitted by law for adults found guilty | ||
of the same offense
or offenses for which the minor was | ||
adjudicated delinquent, and in any event no
longer than |
upon attainment of age 21; this subdivision (viii) | ||
notwithstanding
any contrary provision of the law;
| ||
(ix) ordered to undergo a medical or other | ||
procedure to have a tattoo
symbolizing allegiance to a | ||
street gang removed from his or her body; or | ||
(x) placed in electronic monitoring or home | ||
detention under Part 7A of this Article.
| ||
(b) A minor found to be guilty may be committed to the | ||
Department of
Juvenile Justice under Section 5-750 if the | ||
minor is at least 13 years and under 20 years of age,
| ||
provided that the commitment to the Department of Juvenile | ||
Justice shall be made only if the minor was found guilty of | ||
a felony offense or first degree murder. The court shall | ||
include in the sentencing order any pre-custody credits the | ||
minor is entitled to under Section 5-4.5-100 of the Unified | ||
Code of Corrections. The time during which a minor is in | ||
custody before being released
upon the request of a parent, | ||
guardian or legal custodian shall also be considered
as | ||
time spent in custody.
| ||
(c) When a minor is found to be guilty for an offense | ||
which is a violation
of the Illinois Controlled Substances | ||
Act, the Cannabis Control Act, or the Methamphetamine | ||
Control and Community Protection Act and made
a ward of the | ||
court, the court may enter a disposition order requiring | ||
the
minor to undergo assessment,
counseling or treatment in | ||
a substance use disorder treatment program approved by the |
Department
of Human Services.
| ||
(2) Any sentencing order other than commitment to the | ||
Department of
Juvenile Justice may provide for protective | ||
supervision under
Section 5-725 and may include an order of | ||
protection under Section 5-730.
| ||
(3) Unless the sentencing order expressly so provides, it | ||
does not operate
to close proceedings on the pending petition, | ||
but is subject to modification
until final closing and | ||
discharge of the proceedings under Section 5-750.
| ||
(4) In addition to any other sentence, the court may order | ||
any
minor
found to be delinquent to make restitution, in | ||
monetary or non-monetary form,
under the terms and conditions | ||
of Section 5-5-6 of the Unified Code of
Corrections, except | ||
that the "presentencing hearing" referred to in that
Section
| ||
shall be
the sentencing hearing for purposes of this Section. | ||
The parent, guardian or
legal custodian of the minor may be | ||
ordered by the court to pay some or all of
the restitution on | ||
the minor's behalf, pursuant to the Parental Responsibility
| ||
Law. The State's Attorney is authorized to act
on behalf of any | ||
victim in seeking restitution in proceedings under this
| ||
Section, up to the maximum amount allowed in Section 5 of the | ||
Parental
Responsibility Law.
| ||
(5) Any sentencing order where the minor is committed or | ||
placed in
accordance
with Section 5-740 shall provide for the | ||
parents or guardian of the estate of
the minor to pay to the | ||
legal custodian or guardian of the person of the minor
such |
sums as are determined by the custodian or guardian of the | ||
person of the
minor as necessary for the minor's needs. The | ||
payments may not exceed the
maximum amounts provided for by | ||
Section 9.1 of the Children and Family Services
Act.
| ||
(6) Whenever the sentencing order requires the minor to | ||
attend school or
participate in a program of training, the | ||
truant officer or designated school
official shall regularly | ||
report to the court if the minor is a chronic or
habitual | ||
truant under Section 26-2a of the School Code. Notwithstanding | ||
any other provision of this Act, in instances in which | ||
educational services are to be provided to a minor in a | ||
residential facility where the minor has been placed by the | ||
court, costs incurred in the provision of those educational | ||
services must be allocated based on the requirements of the | ||
School Code.
| ||
(7) In no event shall a guilty minor be committed to the | ||
Department of
Juvenile Justice for a period of time in
excess | ||
of
that period for which an adult could be committed for the | ||
same act. The court shall include in the sentencing order a | ||
limitation on the period of confinement not to exceed the | ||
maximum period of imprisonment the court could impose under | ||
Chapter 5 Article V of the Unified Code of Corrections.
| ||
(7.5) In no event shall a guilty minor be committed to the | ||
Department of Juvenile Justice or placed in detention when the | ||
act for which the minor was adjudicated delinquent would not be | ||
illegal if committed by an adult. |
(7.6) In no event shall a guilty minor be committed to the | ||
Department of Juvenile Justice for an offense which is a Class | ||
4 felony under Section 19-4 (criminal trespass to a residence), | ||
21-1 (criminal damage to property), 21-1.01 (criminal damage to | ||
government supported property), 21-1.3 (criminal defacement of | ||
property), 26-1 (disorderly conduct), or 31-4 (obstructing | ||
justice) of the Criminal Code of 2012. | ||
(7.75) In no event shall a guilty minor be committed to the | ||
Department of Juvenile Justice for an offense that is a Class 3 | ||
or Class 4 felony violation of the Illinois Controlled | ||
Substances Act unless the commitment occurs upon a third or | ||
subsequent judicial finding of a violation of probation for | ||
substantial noncompliance with court-ordered treatment or | ||
programming. | ||
(8) A minor found to be guilty for reasons that include a | ||
violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 shall be ordered to perform
community | ||
service for not less than 30 and not more than 120 hours, if
| ||
community service is available in the jurisdiction. The | ||
community service
shall include, but need not be limited to, | ||
the cleanup and repair of the damage
that was caused by the | ||
violation or similar damage to property located in the
| ||
municipality or county in which the violation occurred. The | ||
order may be in
addition to any other order authorized by this | ||
Section.
| ||
(8.5) A minor found to be guilty for reasons that include a |
violation of
Section
3.02 or Section 3.03 of the Humane Care | ||
for Animals Act or paragraph (d) of
subsection (1) of
Section | ||
21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||
subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||
shall be ordered to undergo medical or psychiatric treatment | ||
rendered by
a
psychiatrist or psychological treatment rendered | ||
by a clinical psychologist.
The order
may be in addition to any | ||
other order authorized by this Section.
| ||
(9) In addition to any other sentencing order, the court | ||
shall order any
minor found
to be guilty for an act which would | ||
constitute, predatory criminal sexual
assault of a child, | ||
aggravated criminal sexual assault, criminal sexual
assault, | ||
aggravated criminal sexual abuse, or criminal sexual abuse if
| ||
committed by an
adult to undergo medical testing to determine | ||
whether the defendant has any
sexually transmissible disease | ||
including a test for infection with human
immunodeficiency | ||
virus (HIV) or any other identified causative agency of
| ||
acquired immunodeficiency syndrome (AIDS). Any medical test | ||
shall be performed
only by appropriately licensed medical | ||
practitioners and may include an
analysis of any bodily fluids | ||
as well as an examination of the minor's person.
Except as | ||
otherwise provided by law, the results of the test shall be | ||
kept
strictly confidential by all medical personnel involved in | ||
the testing and must
be personally delivered in a sealed | ||
envelope to the judge of the court in which
the sentencing | ||
order was entered for the judge's inspection in camera. Acting
|
in accordance with the best interests of the victim and the | ||
public, the judge
shall have the discretion to determine to | ||
whom the results of the testing may
be revealed. The court | ||
shall notify the minor of the results of the test for
infection | ||
with the human immunodeficiency virus (HIV). The court shall | ||
also
notify the victim if requested by the victim, and if the | ||
victim is under the
age of 15 and if requested by the victim's | ||
parents or legal guardian, the court
shall notify the victim's | ||
parents or the legal guardian, of the results of the
test for | ||
infection with the human immunodeficiency virus (HIV). The | ||
court
shall provide information on the availability of HIV | ||
testing and counseling at
the Department of Public Health | ||
facilities to all parties to whom the
results of the testing | ||
are revealed. The court shall order that the cost of
any test | ||
shall be paid by the county and may be taxed as costs against | ||
the
minor.
| ||
(10) When a court finds a minor to be guilty the court | ||
shall, before
entering a sentencing order under this Section, | ||
make a finding whether the
offense committed either: (a) was | ||
related to or in furtherance of the criminal
activities of an | ||
organized gang or was motivated by the minor's membership in
or | ||
allegiance to an organized gang, or (b) involved a violation of
| ||
subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, a violation of
any
Section of | ||
Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, or a violation of any
statute that involved the wrongful |
use of a firearm. If the court determines
the question in the | ||
affirmative,
and the court does not commit the minor to the | ||
Department of Juvenile Justice, the court shall order the minor | ||
to perform community service
for not less than 30 hours nor | ||
more than 120 hours, provided that community
service is | ||
available in the jurisdiction and is funded and approved by the
| ||
county board of the county where the offense was committed. The | ||
community
service shall include, but need not be limited to, | ||
the cleanup and repair of
any damage caused by a violation of | ||
Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012
and similar damage to property located in the | ||
municipality or county in which
the violation occurred. When | ||
possible and reasonable, the community service
shall be | ||
performed in the minor's neighborhood. This order shall be in
| ||
addition to any other order authorized by this Section
except | ||
for an order to place the minor in the custody of the | ||
Department of
Juvenile Justice. For the purposes of this | ||
Section, "organized
gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act.
| ||
(11) If the court determines that the offense was committed | ||
in furtherance of the criminal activities of an organized gang, | ||
as provided in subsection (10), and that the offense involved | ||
the operation or use of a motor vehicle or the use of a | ||
driver's license or permit, the court shall notify the | ||
Secretary of State of that determination and of the period for |
which the minor shall be denied driving privileges. If, at the | ||
time of the determination, the minor does not hold a driver's | ||
license or permit, the court shall provide that the minor shall | ||
not be issued a driver's license or permit until his or her | ||
18th birthday. If the minor holds a driver's license or permit | ||
at the time of the determination, the court shall provide that | ||
the minor's driver's license or permit shall be revoked until | ||
his or her 21st birthday, or until a later date or occurrence | ||
determined by the court. If the minor holds a driver's license | ||
at the time of the determination, the court may direct the | ||
Secretary of State to issue the minor a judicial driving | ||
permit, also known as a JDP. The JDP shall be subject to the | ||
same terms as a JDP issued under Section 6-206.1 of the | ||
Illinois Vehicle Code, except that the court may direct that | ||
the JDP be effective immediately.
| ||
(12) If a minor is found to be guilty of a violation of
| ||
subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||
by Minors Act, the
court may, in its discretion, and upon
| ||
recommendation by the State's Attorney, order that minor and | ||
his or her parents
or legal
guardian to attend a smoker's | ||
education or youth diversion program as defined
in that Act if | ||
that
program is available in the jurisdiction where the | ||
offender resides.
Attendance at a smoker's education or youth | ||
diversion program
shall be time-credited against any community | ||
service time imposed for any
first violation of subsection | ||
(a-7) of Section 1 of that Act. In addition to any
other
|
penalty
that the court may impose for a violation of subsection | ||
(a-7) of Section 1 of
that Act, the
court, upon request by the | ||
State's Attorney, may in its discretion
require
the offender to | ||
remit a fee for his or her attendance at a smoker's
education | ||
or
youth diversion program.
| ||
For purposes of this Section, "smoker's education program" | ||
or "youth
diversion program" includes, but is not limited to, a | ||
seminar designed to
educate a person on the physical and | ||
psychological effects of smoking tobacco
products and the | ||
health consequences of smoking tobacco products that can be
| ||
conducted with a locality's youth diversion program.
| ||
In addition to any other penalty that the court may impose | ||
under this
subsection
(12):
| ||
(a) If a minor violates subsection (a-7) of Section 1 | ||
of the Prevention of
Tobacco Use by Minors Act, the court | ||
may
impose a sentence of 15 hours of
community service or a | ||
fine of $25 for a first violation.
| ||
(b) A second violation by a minor of subsection (a-7) | ||
of Section 1 of that Act
that occurs
within 12 months after | ||
the first violation is punishable by a fine of $50 and
25
| ||
hours of community service.
| ||
(c) A third or subsequent violation by a minor of | ||
subsection (a-7) of Section
1 of that Act
that
occurs | ||
within 12 months after the first violation is punishable by | ||
a $100
fine
and 30 hours of community service.
| ||
(d) Any second or subsequent violation not within the |
12-month time period
after the first violation is | ||
punishable as provided for a first violation.
| ||
(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, | ||
eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | ||
100-759, eff. 1-1-19 .)
| ||
(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; | ||
(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 who resides in this State is | ||
charged under the criminal laws of this State , the criminal | ||
laws of any other state, or federal law with an offense that | ||
could result in a sentence of imprisonment within the | ||
Department of Corrections, the penal system of any state, or | ||
the federal Bureau of Prisons, 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 penal system of any state, or the federal | ||
Bureau of Prisons, 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 penal system of any | ||
state, or the federal Bureau of Prisons, 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. 99-268, eff. 1-1-16; 100-765, eff. 8-10-18.)
| ||
Section 20. The Unified Code of Corrections is amended by | ||
changing Section 3-2.5-61 as follows: | ||
(730 ILCS 5/3-2.5-61) | ||
Sec. 3-2.5-61. Annual and other reports. | ||
(a) The Director shall make an annual electronic report to | ||
the Governor and General Assembly concerning persons committed | ||
to the Department, its institutions, facilities, and programs, | ||
of all moneys expended and received, and on what accounts | ||
expended and received no later than January 1 of each year. The | ||
report shall include the ethnic and racial background data, not | ||
identifiable to an individual, of all persons committed to the | ||
Department, its institutions, facilities, programs, and | ||
outcome measures established with the Juvenile Advisory Board. |
(b) The Department of Juvenile Justice shall, by January 1, | ||
April 1, July 1, and October 1 of each year, electronically | ||
transmit to the Governor and General Assembly, a report which | ||
shall include the following information: | ||
(1) the number of youth in each of the Department's | ||
facilities and the number of youth on aftercare; | ||
(2) the demographics of sex, age, race and ethnicity, | ||
classification of offense, and geographic location where | ||
the offense occurred; | ||
(3) the educational and vocational programs provided | ||
at each facility and the number of residents participating | ||
in each program; | ||
(4) the present capacity levels in each facility; | ||
(5) staff-to-youth ratios in accordance with the the | ||
ratio of the security staff to residents in each facility | ||
by federal Prison Rape Elimination Act (PREA) definitions; | ||
(6) the number of reported assaults on staff at each | ||
facility; | ||
(7) the number of reported incidents of youth sexual | ||
aggression towards staff at each facility including sexual | ||
assault, residents exposing themselves, sexual touching, | ||
and sexually offensive harassing language such as repeated | ||
and unwelcome sexual advances, requests for sexual favors, | ||
or verbal comments, gestures, or actions of a derogatory or | ||
offensive sexual nature; and | ||
(8) the number of staff injuries resulting from youth |
violence at each facility including descriptions of the | ||
nature and location of the injuries, the number of staff | ||
injuries requiring medical treatment at the facility, the | ||
number of staff injuries requiring outside medical | ||
treatment and the number of days off work per injury. For | ||
purposes of this Section, the definition of assault on | ||
staff includes, but is not limited to, kicking, punching, | ||
knocking down, harming or threatening to harm with | ||
improvised weapons, or throwing urine or feces at staff. | ||
(c) The requirements in subsection (b) do not relieve the | ||
Department from the recordkeeping requirements of the | ||
Occupational Safety and Health Act. | ||
(d) The Department shall: | ||
(1) establish a reasonable procedure for employees to | ||
report work-related assaults and injuries. A procedure is | ||
not reasonable if it would deter or discourage a reasonable | ||
employee from accurately reporting a workplace assault or | ||
injury; | ||
(2) inform each employee: | ||
(A) of the procedure for reporting work-related | ||
assaults and injuries; | ||
(B) of the right to report work-related assaults | ||
and injuries; and | ||
(C) that the Department is prohibited from | ||
discharging or in any manner discriminating against | ||
employees for reporting work-related assaults and |
injuries; and | ||
(3) not discharge, discipline or in any manner | ||
discriminate against any employee for reporting a | ||
work-related assault or injury.
| ||
(e) For the purposes of paragraphs (7) and (8) of | ||
subsection (b) only, reports shall be filed beginning July 1, | ||
2019 or the implementation of the Department's Offender 360 | ||
Program, whichever occurs first. | ||
(Source: P.A. 99-255, eff. 1-1-16; 100-1075, eff. 1-1-19 .)
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