SB1655 104TH GENERAL ASSEMBLY

LRB104 09387 RLC 19446 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1655

Introduced 2/5/2025, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

See Index

Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a minor. Sets forth procedures to raise the issue of the unfitness of a minor. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a minor. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a minor fit. Specifies time credit and sentencing guidelines for a minor who attains fitness. Provides for the legal disposition of a minor if fitness cannot be attained. Contains other provisions. Contains a severability provision. Effective July 1, 2025.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by adding Part 5A to Article V as follows:

(705 ILCS 405/Art. V Pt. 5A heading new)

PART 5A. FITNESS TO STAND TRIAL

(705 ILCS 405/5-5A-101 new)

Sec. 5-5A-101. Purpose.

(a) This Part recognizes that minors are substantially different from adults and therefore creates procedures to establish fitness to stand trial that accommodate these differences. Currently in Illinois, children of any age can be arrested, charged, and prosecuted. This approach is inconsistent with developmental science, which overwhelmingly finds that children are limited in their ability to understand the consequences of their actions, manage impulses and peer influence to plan for the future. Modern neuroscience explains both limitations on culpability for minors, defined as an individual's blameworthiness or responsibility for a criminal action, as well as limitations on the ability to assist with and make critical decisions regarding one's own legal defense. Accordingly, prosecutors, defense counsel, and courts must carefully consider chronological immaturity, relative immaturity, and the impact of trauma, as well as other relevant factors, in considering the fitness of a minor to be tried, adjudicated or convicted, and sentenced. These factors should be given significant weight when determining the fitness of a child under the age of 14.

(b) This Part is intended to support minors through practices that are trauma-informed and that protect minor's rights and dignity; questions of interpretation shall be resolved in line with these practices. This Part recognizes that the ability to understand charges and to participate meaningfully in one's own defense evolve gradually throughout childhood and early adulthood and that each minor deserves developmentally appropriate responses that reflect the best understanding of the minor's current abilities.

(705 ILCS 405/5-5A-105 new)

Sec. 5-5A-105. Definitions. In this Part:

"Child traumatic stress" means exposure to one or more traumatic events over the course of a minor's life that results in that minor developing reactions that persist and that interfere with the minor's functional, social, adaptive, or intellectual ability.

"Chronological immaturity" means a lack of functional, social, adaptive, or intellectual ability due to chronological age.

"Developmental disability" means a disability that is attributable to an intellectual disability, cerebral palsy, epilepsy, autism, a learning disability, or any other condition that results in impaired functional, social, adaptive, or intellectual ability.

"Mental illness" means a mental or emotional disorder that substantially impairs a person's thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life.

"Minor" has the meaning given to that term in Section 1-3 of the Juvenile Court Act of 1987.

"Relative immaturity" means a lack of functional, social, adaptive, or intellectual ability when a minor is compared to other minors of the same chronological age.

"Substance use disorder" has the meaning given to that term in Section 1-10 of the Substance Use Disorder Act.

(705 ILCS 405/5-5A-110 new)

Sec. 5-5A-110. Unfitness standard. Unfitness may result from the presence of any condition or confluence of conditions, including, but not limited to, physical condition, mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress. A diagnosis is not required for a finding of unfitness. A minor is unfit when the minor either:

(1) lacks sufficient present ability to consult with the minor's attorney with a reasonable degree of rational understanding, as evidenced by lacking the ability to disclose to the attorney facts pertinent to the proceedings at issue and to assist in the minor's defense; or

(2) is unable to understand the proceedings against the minor, as demonstrated by, but not limited to, one or more of the following:

(A) a lack of ability to identify who the participants are and understand their roles, including the judge, minor's attorney, State's Attorney, or qualified expert;

(B) a lack of understanding of the range of possible dispositions that may be imposed in the proceedings; or

(C) a lack of ability to use the factual understandings and factors in (A) and (B) of this paragraph to make rational decisions.

(705 ILCS 405/5-5A-115 new)

Sec. 5-5A-115. Raising the issue of unfitness.

(a) The issue of the minor's fitness to stand trial, to plead, or to be sentenced may be raised by the minor's attorney, the State, or the court at any time before a plea is entered or before, during, or after trial. If the issue of fitness is raised by the State, the State has the burden of proving a bona fide doubt of the minor's fitness has been raised. If the issue of fitness is raised by the minor's attorney, that attorney has the burden of proving a bona fide doubt of the minor's fitness has been raised. When a bona fide doubt of the minor's fitness is raised, the court shall order a determination of the issue of fitness before proceeding further.

(b) Upon request of the minor's attorney that a qualified expert be appointed to examine the minor to determine prior to trial or adjudicatory hearing if a bona fide doubt as to a minor's fitness to stand trial or plead may be raised, the court shall order an appropriate examination. However, no order entered pursuant to this subsection shall prevent further proceedings in the case. An expert so appointed shall examine the defendant and make a report as provided in Section 5-5A-125. Such report shall only be tendered to the minor's attorney. If the minor's attorney raises the issue of fitness based on the report, that report shall be provided to the court and the State. If the court finds a bona fide doubt of fitness has been raised pursuant to this subsection, the matter shall proceed to a hearing pursuant to Section 5-5A-165 before proceeding further. Upon the filing with the court of a verified statement of services rendered, the court shall order the county board to pay such expert a reasonable fee stated in the order.

(c) Nothing in this Section operates to extinguish any rights of a minor established by attorney-client privilege.

(d) In all proceedings under this Act, the juvenile court shall apply the fitness standards as set forth in this Part. When a minor is being prosecuted under the criminal laws of this State, the criminal court shall apply the fitness standards in this Part.

(705 ILCS 405/5-5A-120 new)

Sec. 5-5A-120. Burdens and presumptions. In making determinations concerning a minor's fitness, the following burdens of proof and presumptions shall apply:

(1) for the purposes of this Section, a minor is presumed to be fit to stand trial or to plead and be sentenced. A minor is unfit based on the unfitness standard set forth in Section 5-5A-110;

(2) except as set forth in subparagraph (3), when the court finds a bona fide doubt as to the fitness of a minor under Section 5-5A-115, the State bears the burden of proving that the minor is fit by a preponderance of the evidence;

(3) when the court finds a bona fide doubt as to the fitness of a minor under the age of 14 under Section 5-5A-115, the state bears the burden of proving that the minor is fit by clear and convincing evidence; and

(4) a minor who is receiving medication shall not be presumed to be fit or unfit to stand trial solely by virtue of the receipt of that medication.

(705 ILCS 405/5-5A-125 new)

Sec. 5-5A-125. Fitness evaluation. When the court orders a fitness evaluation under subsection (b) of Section 5-5A-115 or a bona fide doubt of fitness is raised, the court must appoint one or more qualified experts under Section 5-5A-135. Each expert must evaluate whether the minor is fit and must submit a report of the expert's findings to the court under Section 5-5A-160. No expert employed or contracted by the Department of Human Services shall be ordered to perform, in the expert's official capacity, an initial fitness examination under this Section.

(705 ILCS 405/5-5A-130 new)

Sec. 5-5A-130. Location of evaluation. A fitness evaluation must be conducted in the least restrictive environment for the minor. The evaluation must be conducted in person whenever possible. Video technology for a remote evaluation may be used only as a last resort. If video technology is used, it must be a secure platform. No facility of the Department of Human Services shall be utilized for this purpose.

(705 ILCS 405/5-5A-135 new)

Sec. 5-5A-135. Qualification of experts. An expert evaluating the minor under Section 5-5A-125 must either be a licensed clinical psychologist or psychiatrist with training and experience in forensics, child development, and child trauma.

(705 ILCS 405/5-5A-140 new)

Sec. 5-5A-140. Timeline for evaluation. The fitness evaluation and report written under Section 5-5A-160 must be completed within 30 days of a court order entered pursuant to subsection (b) of Section 5-5A-115 or a bona fide doubt is raised under subsection (a) of 5-5A-115. The time for completion of the fitness evaluation may be extended an additional 30 days for good cause shown.

(705 ILCS 405/5-5A-145 new)

Sec. 5-5A-145. Attorney at evaluation. The minor's attorney may be allowed to be present at the evaluation conducted, when requested by the minor's attorney, under Section 5-5A-125.

(705 ILCS 405/5-5A-150 new)

Sec. 5-5A-150. Statements made during evaluation. No statement made by the minor during the evaluation conducted under Section 5-5A-125 shall be used against the minor in the current court proceedings or in any future proceedings unless the minor raises the defense of insanity or the defense of intoxicated or drugged condition. No statement made by the minor relating to the alleged offense or other offenses shall be included in the report required under Section 5-5A-160. The court must advise the minor before the evaluation takes place that no statement made during the evaluation shall be used against the minor.

(705 ILCS 405/5-5A-155 new)

Sec. 5-5A-155. Recordings of evaluations and privacy.

(a) An evaluation of the minor conducted under Section 5-5A-125 shall be video recorded.

(b) Subject to subsection (b) of Section 5-5A-115, the video recording of a fitness evaluation is confidential and may be viewed only by the court, the expert conducting the evaluation defined in Section 5-5A-125, the minor's attorney, the State, and any other expert in the proceedings deemed necessary by the court and under Section 5-910.

(705 ILCS 405/5-5A-160 new)

Sec. 5-5A-160. Contents of evaluation report.

(a) Subject to subsection (b) of Section 5-5A-115, when an evaluation is conducted under Section 5-5A-125, the appointed expert must submit a written report of the findings to the court. The evaluation report must detail the methods and tools used during the evaluation and be made in writing.

(b) The evaluation report must contain:

(1) An assessment of any mental illness, substance use disorder, or developmental disability of the minor, including:

(A) the results of a mental status exam;

(B) a description of the history and current status of any symptoms of any mental illness or developmental disability, or both (a diagnosis is not required);

(2) an assessment of the minor's chronological and relative immaturity;

(3) an assessment of any child traumatic stress, including a description of the minor's history of exposure to traumatic events;

(4) an assessment of any other condition of the minor that could impact the minor's functional abilities related to fitness to stand trial;

(5) an assessment of the minor's rational and factual understandings related to fitness to stand trial, the unfitness standard in Section 5-5A-110, and the relationship of these abilities to any conditions of the minor as assessed in paragraphs (1) through (4);

(6) whether the expert, based on the evaluation and in the expert's professional judgment, believes the minor is fit;

(7) if the expert believes that the minor is unfit, whether the expert believes there is a substantial probability that the minor will attain fitness within the statutory period to attain fitness;

(8) recommendations, if the expert believes the minor is unfit, including:

(A) services that would help the minor attain fitness;

(B) placement for services to attain fitness; and

(C) risk assessments needed prior to placement; and

(9) opinions on:

(A) the likelihood of the success of the services recommended; and

(B) the length of time anticipated to attain fitness.

(705 ILCS 405/5-5A-165 new)

Sec. 5-5A-165. Hearing to determine fitness.

(a) After a bona fide doubt of fitness has been raised and an evaluation conducted, the court shall conduct a hearing to determine the issue of the minor's fitness within 30 days of receipt of the evaluation report described in Section 5-5A-160, unless the timeline is waived by the minor's attorney or good cause is shown.

(b) The minor has the right to be present at every hearing on the issue of the minor's fitness.

(c) On the basis of the evidence before it, the court must determine whether the minor is unfit to stand trial pursuant to Section 5-5A-110. If the court finds that the minor is unfit, the court shall determine:

(1) whether in-court assistance under Section 5-5A-195 would render the minor fit; and

(2) whether there is a substantial probability that the minor, if provided with services to attain fitness under Section 5-5A-170, will attain fitness within the period to attain fitness set forth in Section 5-5A-180.

(d) If the court finds that the minor is unfit and there is not a substantial probability the minor will attain fitness within the statutory period as set forth in Section 5-5A-180, the court shall proceed under Section 5-5A-215.

(e) If the court finds the minor is unfit but that there is a substantial probability that the minor will become fit within the period to attain fitness set forth in Section 5-5A-180, or if the court is unable to determine whether a substantial probability exists, the court shall order the minor to receive services to attain fitness on either an inpatient or outpatient basis. If the court is unable to determine whether a substantial probability exists and orders the minor to receive services to attain fitness, the court shall conduct a hearing as soon as possible following the receipt of the report filed under Section 5-5A-185 to determine whether there is a substantial probability that the minor will attain fitness within the statutory period.

(f) If the court finds that the minor is unfit to stand trial, it shall proceed under this Act. If the court finds that the minor could be rendered fit with in-court assistance, the court shall order in-court assistance pursuant to Section 5-5A-195.

(g) An order finding the minor unfit to stand trial is a final order for purposes of appeal by the State or the minor.

(705 ILCS 405/5-5A-170 new)

Sec. 5-5A-170. Services to attain fitness.

(a) When the court orders services to attain fitness under Section 5-5A-165, the court shall determine if the minor will receive services on an inpatient or outpatient basis. If inpatient, the minor shall be placed at a facility approved by the Department of Human Services to provide residential, restoration care and treatment. If the court orders the minor to receive services on an outpatient basis, such services shall be rendered in the community at a program approved by the Department of Human Services. Court-ordered services and placements shall be consistent with the recommendations in the evaluation report. All services shall be trauma-informed, developmentally appropriate, and provided in the least restrictive environment considering the needs and best interests of the minor. A placement may be ordered on an inpatient basis only when the minor exhibits clinical needs warranting a hospital level of care.

(b) Within 5 days of a court order for services to attain fitness entered under Section 5-5A-165, the clerk of the circuit court shall transmit to the Department of Human Services, and any other agency or institution providing services to attain fitness to the minor, the following:

(1) a certified copy of the order to receive services and the complete copy of any report on the minor's fitness prepared under this Part;

(2) the county and municipality in which the alleged offense occurred;

(3) the county and municipality in which the arrest took place;

(4) a copy of the arrest report, charges, and arrest record; and

(5) all additional matters that the court directs the clerk to transmit.

(705 ILCS 405/5-5A-175 new)

Sec. 5-5A-175. Pretrial motions. Following a finding of unfitness, the court may hear and rule on any pretrial motion or motions if the minor's presence is not essential to a fair determination of the issues. A motion may be reheard upon a showing that evidence is available which was not available, due to the minor's unfitness, when the motion was first decided.

(705 ILCS 405/5-5A-180 new)

Sec. 5-5A-180. Period to attain fitness.

(a) For a minor charged with a felony, the maximum total time a court may order a minor to receive services to attain fitness shall be one year.

(b) For a minor charged with a misdemeanor, the maximum total period a court may order a minor to receive services to attain fitness shall be no longer than the length of the sentence that could be imposed if the minor were adjudicated delinquent or found guilty of the misdemeanor offense for which the minor was charged, or one year whichever is shorter.

(c) The period to attain fitness shall begin with the court's first finding of unfitness during a fitness hearing under Section 5-5A-165.

(d) The period of time to attempt to attain fitness may be extended, for Class X and first degree murder cases, at 90-day intervals by way of a safety hearing. At this safety hearing, the court shall make a preliminary determination as to both the current status of the minor and the circumstances of the alleged crime.

(e) A safety hearing shall be conducted by the court without a jury. The State and defense may introduce evidence relevant to the question of the minor's current status and the circumstances of the alleged crime.

(1) Factors regarding the minor's current status shall be as follows:

(A) there has been a clinical finding that the minor is a real and present threat to the physical safety of any identifiable person or persons, including the minor; and

(B) no civil remedies exist that can protect the minor or identifiable person or persons.

(2) Factors to consider regarding the circumstances of the alleged crime shall be the following:

(A) the alleged victim sustained great bodily harm, or severe permanent disability or disfigurement;

(B) the alleged victim is in a particularly vulnerable class of persons such as very young, very old, intellectually disabled, or physically disabled and there is evidence that the victim was targeted because of this real or perceived vulnerability;

(C) the level of alleged involvement of the minor;

(D) the minor is alleged to have personally used a weapon and the use of that weapon directly caused great bodily harm or severe permanent disability or disfigurement; and

(E) multiple victims were harmed.

(f) If the safety hearing results in the court finding, by a preponderance of the evidence, that the State has proven both part (1) and (2) of subsection (d), then the minor may have the period to attain fitness extended until the minor is restored to fitness, as follows:

(1) If the most serious charge was a charge of first degree murder, the treatment period may be extended up to a maximum treatment period of 5 years or the minimum sentence possible for the most serious offense charged, taking into account any sentence credits, whichever is sooner.

(2) If the most serious charge was a Class X felony, the treatment period may be extended up to a maximum treatment period of an additional 2 years, or until the minimum sentence possible for the most serious offense charged, taking into account any sentence credits, whichever is sooner.

(g) If at any time, it is determined that the minor will never be restored to fitness or is unlikely to be restored to fitness under Section 5-5A-165, the court, at the request of any party or on the court's own motion, may deny further continuances and the case shall be dismissed per Section 5-5A-215. Nothing in this Section precludes the State from pursuing any other civil remedies.

(705 ILCS 405/5-5A-185 new)

Sec. 5-5A-185. Initial and subsequent progress reports.

(a) Within 30 days of entry of an order to receive services to attain fitness under Sections 5-5A-170 and 5-5A-180, the person in charge of supervising the minor's services shall file with the court an initial report assessing the program's capacity to provide appropriate services for the minor and indicating the person's opinion as to the probability of the minor attaining fitness within the period to attain fitness provided in Section 5-5A-180. If the initial report indicates that there is a substantial probability that the minor will attain fitness within the allowed statutory period, the supervisor shall also file a services plan which shall include:

(1) a description of the goals of services with respect to rendering the minor fit, a specification of the proposed modalities of services, and an estimated timetable for attainment of the goals; and

(2) an identification of the person in charge of supervising the minor's services.

(b) The supervisor shall submit a subsequent written progress report to the court at least 7 days prior to the date of any hearing on the issue of the minor's fitness.

(c) If the supervisor determines that any of the following circumstances are met, the supervisor shall notify the court in writing as soon as possible but no later than 7 days after the determination is made:

(1) if the supervisor believes that the minor has attained fitness;

(2) if the supervisor believes that there is not a substantial probability that the minor will attain fitness, with services, within the period to attain fitness under Section 5-5A-180; or

(3) if the supervisor believes a change in services or placement is necessary.

(d) The initial and subsequent progress reports shall contain:

(1) the clinical findings of the supervisor and the facts upon which the findings are based;

(2) the opinion of the supervisor as to whether the minor has attained fitness and as to whether the minor is making progress, with services, toward attaining fitness within the period set in Section 5-5A-180;

(3) whether the current services to attain fitness and placement continue to be in the least restrictive environment necessary, whether a different level of care is needed, and the basis for that recommendation; and

(4) any other changes in recommendations of services to attain fitness.

(e) If the supervisor of the minor's services determines, under paragraph (3) of subsection (d) of this Section, that the minor is not in the least restrictive environment necessary to attain fitness, upon receipt of the progress report, the court shall ensure that the minor is immediately moved to the least restrictive environment necessary.

(705 ILCS 405/5-5A-190 new)

Sec. 5-5A-190. Periodic hearings. Upon entry or continuation of any order to receive services to attain fitness, the court shall set a date for hearing to reexamine the issue of the minor's fitness not more than 90 days thereafter. In addition, whenever the court receives a report from the supervisor of the minor's services under subsection (c) of Section 5-5A-185, the court shall set the matter for a hearing within 14 days unless good cause is demonstrated why the hearing cannot be held. On the date set, the court shall conduct a hearing to redetermine the minor's fitness under Section 5-5A-165.

(705 ILCS 405/5-5A-195 new)

Sec. 5-5A-195. In-court assistance to render a minor fit.

(a) If the court determines that the minor could be rendered fit with in-court assistance under Section 5-5A-165, the court shall order in-court assistance under subsection (b). A minor found unfit because of chronological immaturity cannot be rendered fit with in-court assistance. A minor found unfit because of relative immaturity or child traumatic stress cannot be rendered fit solely with in-court assistance.

(b) In-court assistance may include, but is not limited to:

(1) appointment of a qualified translator who shall simultaneously translate all court proceedings into a language understood by the minor; and

(2) appointment of an expert qualified to assist a minor who, because of a disability, is unable to communicate with the minor's attorney.

(c) If in-court assistance is provided, the case may proceed to trial only if the court determines that in-court assistance renders the minor fit. In such cases, the court shall state for the record the following:

(1) the qualifications and experience of the experts or other persons appointed to provide in-court assistance to the minor;

(2) the court's reasons for selecting or appointing the particular experts or other persons to provide the in-court assistance to the minor;

(3) how the appointment of the particular expert or other persons will serve the goal of rendering the minor fit, based on the appointee's qualifications and experience, and the lack of functional, social, adaptive, or intellectual abilities of the minor; and

(4) any other factors considered by the court in appointing the experts or other persons.

(d) A minor adjudicated delinquent or found guilty following a trial conducted with in-court assistance provided under this Section shall not be sentenced before a written report of social investigation is presented to and considered by the court. The written report of social investigation shall be prepared under Section 5-701 or the presentence report prepared pursuant to Section 5-3-2 of the Unified Code of Corrections and shall include a physical and mental examination unless the court finds that the reports of prior physical and mental examinations conducted under this Part are adequate and recent enough to render additional examinations unnecessary.

(705 ILCS 405/5-5A-200 new)

Sec. 5-5A-200. Time credit. A sentence imposed on the minor in the pending case or in any other case arising out of the same conduct shall be reduced by time spent:

(1) in custody under orders issued under Section 5-5A-170 or under a commitment to the Department of Human Services following a finding of unfitness under this Part;

(2) in any court-ordered out-of-home placement; including, but not limited to, a detention facility, rehabilitation center, or inpatient hospital; or

(3) home detention or electronic monitoring pursuant to Section 5-7A-110.

(705 ILCS 405/5-5A-205 new)

Sec. 5-5A-205. Court organization of records. Any report filed with the court concerning diagnosis, evaluation, progress, or services made under this Part shall not be placed in the minor's court record but shall be maintained separately by the clerk of the court and shall be available only to the court or an appellate court, the State, the minor, the minor's attorney, the minor's parent or guardian, or a facility or program that provides services to the minor under an order of the court. These records of the minor shall be privileged and shall not be disclosed except under the conditions set forth in Section 5-910. Nothing in this Section operates to extinguish any rights of a minor established by law, including, but not limited to: attorney-client, physician-patient, psychologist-client, or social worker-client privileges, except as otherwise provided by law.

(705 ILCS 405/5-5A-210 new)

Sec. 5-5A-210. Sentencing guidelines for a minor who attains fitness. The court shall not impose a commitment to the Department of Juvenile Justice or the Department of Corrections upon the minor if the court believes that, because of the minor's condition, such a sentence would not be in the interests of society and the minor or would subject the minor to excessive hardship. In addition to any other conditions of a sentence of conditional discharge or probation, the court may require that the minor receive additional services for the minor's condition.

(705 ILCS 405/5-5A-215 new)

Sec. 5-5A-215. Legal disposition if fitness cannot be attained. The court shall dismiss the charges against the minor with prejudice if the court finds the minor is unfit under Section 5-5A-165 and that the minor:

(1) cannot attain fitness within the period to attain fitness defined in Section 5-5A-180 or that there is not a substantial probability that the minor will attain fitness within the period to attain fitness defined under Section 5-5A-180; and

(2) cannot attain fitness with in-court assistance under Section 5-5A-195.

(705 ILCS 405/5-5A-220 new)

Sec. 5-5A-220. Follow-up study and recommendations. The Illinois Juvenile Justice Commission shall develop and recommend mechanisms to collect and analyze data, disaggregated by race, ethnicity, gender, geography, age, and socioeconomic status, resulting from the implementation of this Part. The report and recommendations shall be submitted to the General Assembly by January 1, 2026.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect July 1, 2025.