SB3526 104TH GENERAL ASSEMBLY

LRB104 19295 RLC 32741 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3526

Introduced 2/5/2026, 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. Creates the Juvenile Discharge Hearing Task Force to examine the juvenile discharge hearing process, compare Illinois' process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs. Provides that the recommendations shall include statutory language to update the juvenile hearing discharge process and whether the juvenile discharge hearing should take place on the same timeframe as discharge hearings for adult offenders. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2027. Repeals task force provisions on January 1, 2028. Contains other provisions. Contains a severability provision. Effective July 1, 2026.

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. 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, minors of any age can be arrested, charged, and prosecuted. This approach is inconsistent with developmental science, which overwhelmingly finds that minors are limited in their ability to understand the consequences of their actions, manage impulses and peer influence, and 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 minor under the age of 14.

This Part is intended to support minors through practices that are trauma-informed and that protect a 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 shall receive 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. As used 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" means a person under the age of 21 who was under 18 years of age at the time of the alleged offense initiating the petition or charge. "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.

(a) A minor is unfit when the minor:

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

(2) has deficits in the ability to understand the proceedings against the minor, as demonstrated by, but not limited to, one or more of the following:

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

(B) deficits in the ability to appreciate the range of possible dispositions that may be imposed in the proceedings and how those dispositions will affect the minor; or

(C) deficits in the ability to use the factual understandings and factors in (A) and (B) of this paragraph to make rational decisions and display appropriate courtroom behavior.

(b) 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 may be considered in determining whether the minor meets the unfitness standard.

(c) A diagnosis is not required for a finding of unfitness.

(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 minor 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-160 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 shall evaluate whether the minor is fit and submit a report of the expert's findings to the court under Section 5-5A-155. 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. Upon request of the minor's attorney, the court may permit the minor's attorney to be present at the evaluation.

(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 or Section 5-5A-220 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-155 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. 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-155. 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-150 new)

Sec. 5-5A-150. 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-155 new)

Sec. 5-5A-155. 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 shall address the minor's capacity and ability to:

(1) Appreciate the allegations of the petition;

(2) Appreciate the nature of the adversarial process, including:

(A) Having a factual understanding of the participants in the minor's proceeding including the judge, defense counsel, prosecutor, witnesses, and mental health expert; and

(B) Having a rational understanding of the role of each participant in the proceeding.

(3) Appreciate the range of possible dispositions that may be imposed in the proceedings and how these will affect the minor;

(4) Disclose to counsel facts pertinent to the proceedings at issue including:

(A) Ability to articulate thoughts;

(B) Ability to articulate emotions;

(C) Ability to accurately and reliably relate to a sequence of events;

(D) Display logical and autonomous decision making;

(E) Display appropriate courtroom behavior;

(F) Testify relevantly at proceedings; and

(G) Demonstrate any other capacity or ability either separately identified by the court or determined by the examiner to be relevant to the court's determination.

(c) In assessing the minor's fitness, the expert shall compare the minor being examined to juvenile norms that are broadly defined as those skills typically possessed by a minor of average intelligence and maturity.

(d) The expert shall determine and report if the minor suffers from mental illness, substance use disorder, developmental disability, chronological immaturity, or relative immaturity.

(e) If the minor suffers from mental illness, developmental disability, chronological immaturity, or relative immaturity, the expert shall report the severity of the impairment and its potential effect on the minor's fitness to proceed.

(f) If the expert determines that the minor suffers from chronological immaturity or relative immaturity, the expert shall report a comparison of the minor to a minor of average intelligence and maturity.

(g) If the expert determines that the minor suffers from a mental illness, the expert shall provide the following information:

(1) the prognosis of the mental illness; and

(2) whether the minor is taking any medication and, if so, what medication.

(h) The report shall include:

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

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

(3) if the expert believes the minor is unfit, the report shall include an assessment of the minor's risk and mediating supportive factors to guide placement and recommendations for treatment. Recommendations for treatment shall include:

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

(B) the most appropriate placement for treatment considering the results of the risk assessment, mediating supportive factors, and the least restrictive alternative for placement, either on an inpatient or outpatient basis; and

(C) if the evaluator recommends treatment on an inpatient basis, the qualified expert must provide a clearly articulated basis for such, including but not limited to: severity of psychiatric symptoms, risk of harm to self or others related to the severity of psychiatric symptoms, need for structured, trauma-informed care to stabilize symptoms, prior lack of compliance with treatment on an outpatient basis, lack of stable supportive parent or guardian in the community, or other relevant data that would support why fitness restoration could not be conducted safely.

(4) opinions on:

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

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

(i) If the report indicates that the minor is not fit to stand trial or plead because of a disability, the report shall include an opinion as to the likelihood of the minor attaining fitness within a period of time from the date of the finding of unfitness if provided with a course of treatment.

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

Sec. 5-5A-160. 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-155, 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-190 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-165, will attain fitness within the period to attain fitness set forth in Section 5-5A-175.

(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-175, the court shall proceed under subsection (d) of Section 5-5A-175.

(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-175, 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-180 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-190.

(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-165 new)

Sec. 5-5A-165. Services to attain fitness.

(a) When the court orders services to attain fitness under Section 5-5A-160, 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-160, 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-170 new)

Sec. 5-5A-170. 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-175 new)

Sec. 5-5A-175. 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-160.

(d) If the minor cannot attain fitness to stand trial and the court determines that the minor cannot be rendered fit with in-court assistance pursuant to Section 5-5A-190, then the case shall proceed in the following manner:

(1) Upon the determination that there is not a substantial probability that the minor will attain fitness within the time period set forth in this Section, the court shall hold a juvenile discharge hearing within 60 days, unless good cause is shown for the delay.

(2) If at any time the court determines that there is not a substantial probability that the minor will become fit to stand trial or to plead within the time period set forth in this Section, or if at the end of the time period set forth in this Section the court finds the minor still unfit and cannot be rendered fit with in-court assistance pursuant to Section 5-5A-190, the State shall request the court:

(A) To set the matter for hearing pursuant to Section 5-5A-210 unless a hearing has already been held pursuant to subparagraph (1) of this Section; or

(B) To release the minor from custody and to dismiss with prejudice the charges against the minor; or

(C) To remand the minor to the custody of the Department of Human Services and order a hearing to be conducted pursuant to the provisions of the Mental Health and Developmental Disabilities Code. The Department of Human Services shall have 7 days from the date it receives the minor to prepare and file the necessary petition and certificates that are required for commitment under the Mental Health and Developmental Disabilities Code. If the minor is committed to the Department of Human Services pursuant to such hearing, the court having jurisdiction over the criminal matter shall dismiss the charges against the minor, with the leave to reinstate. In such cases the Department of Human Services shall notify the court, the State's Attorney and the minor's attorney upon the discharge of the minor. A former minor so committed shall be treated in the same manner as any other civilly committed patient for all purposes including admission, selection of the place of treatment and the treatment modalities, entitlement to rights and privileges, transfer, and discharge. A minor who is not committed shall be remanded to the court having jurisdiction of the criminal matter for disposition pursuant to subparagraph (A) or (B) of paragraph (2) of this Section.

(3) If the minor is restored to fitness and the original charges against the minor are reinstated, the speedy trial provisions of Section 5-601 shall commence to run.

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

Sec. 5-5A-180. Initial and subsequent progress reports.

(a) Within 30 days of entry of an order to receive services to attain fitness under Sections 5-5A-165 and 5-5A-175, 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-175. 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-175; 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-175;

(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-185 new)

Sec. 5-5A-185. 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-180, 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-160.

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

Sec. 5-5A-190. 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-160, 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-195 new)

Sec. 5-5A-195. 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-165 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-200 new)

Sec. 5-5A-200. 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-205 new)

Sec. 5-5A-205. 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-210 new)

Sec. 5-5A-210. Juvenile discharge hearing.

(a) As provided for in paragraph (1) of subsection (d) of Section 5-5A-175 and subparagraph (A) of paragraph (2) of subsection (d) of Section 5-5A-175 a hearing to determine the sufficiency of the evidence shall be held. Such hearing shall be conducted by the court without a jury. The State and the minor's attorney may introduce evidence relevant to the question of the minor's guilt of the crime charged.

The court may admit hearsay or affidavit evidence on secondary matters such as testimony to establish the chain of possession of physical evidence, laboratory reports, authentication of transcripts taken by official reporters, court and business records, and public documents.

(b) If the evidence does not prove the minor guilty beyond a reasonable doubt, the court shall enter a judgment of acquittal; however nothing herein shall prevent the State from requesting the court to commit the minor to the Department of Human Services under the provisions of the Mental Health and Developmental Disabilities Code.

(c) If the minor is found not guilty by reason of insanity, the court shall enter a judgment of acquittal and the proceedings after acquittal by reason of insanity under Section 5-2-4 of the Unified Code of Corrections shall apply.

(d) If the juvenile discharge hearing does not result in an acquittal of the charge, the minor may be remanded for further treatment and the one year time limit set forth in Section 5-5A-175 shall be extended as follows:

(1) If the most serious charge upon which the State sustained its burden of proof was a Class 1 or Class X felony, the treatment period may be extended up to a maximum treatment period of 2 years; if a Class 2, 3, or 4 felony, the treatment period may be extended up to a maximum of 15 months;

(2) If the State sustained its burden of proof on a charge of first degree murder, the treatment period may be extended up to a maximum treatment period of 5 years.

(e) Transcripts of testimony taken at a juvenile discharge hearing may be admitted in evidence at a subsequent trial of the case, subject to the rules of evidence, if the witness who gave such testimony is legally unavailable at the time of subsequent trial.

(f) If the court fails to enter an order of acquittal the minor's attorney may appeal from such judgment in the same manner provided for an appeal from a conviction in a criminal case or final judgments in delinquent minor proceedings arising under this Act.

(g) At the expiration of an extended period of treatment ordered pursuant to this Section:

(1) Upon a finding that the minor is fit or can be rendered fit consistent with Section 5-5A-190, the court may proceed with trial.

(2) If the minor continues to be unfit to stand trial, the court shall determine whether the minor is subject to involuntary admission under the Mental Health and Developmental Disabilities Code or constitutes a serious threat to the public safety. If so found, the minor shall be remanded to the Department of Human Services for further treatment and shall be treated in the same manner as a civilly committed patient for all purposes, except that the original court having jurisdiction over the minor shall be required to approve any conditional release or discharge of the minor, for the period of commitment equal to the maximum sentence to which the minor would have been subject had the minor been convicted in a criminal proceeding or the maximum sentence available for those subject to the exclusive jurisdiction of the Juvenile Court Act of 1987. During this period of commitment, the original court having jurisdiction over the minor shall hold hearings under clause (i) of this subsection (2). However, if the minor is remanded to the Department of Human Services, the minor shall be placed in a secure setting unless the court determines that there are compelling reasons why such a placement is not necessary.

If the minor does not have a current treatment plan, then within 3 days of admission under this subdivision (g)(2), a treatment plan shall be prepared for each minor and entered into the minor's record. The plan shall include (i) an assessment of the minor's treatment needs, (ii) a description of the services recommended for treatment, (iii) the goals of each type of element of service, (iv) an anticipated timetable for the accomplishment of the goals, and (v) a designation of the qualified professional responsible for the implementation of the plan. The plan shall be reviewed and updated as the clinical condition warrants, but not less than every 30 days.

Every 90 days after the initial admission under this subdivision (g)(2), the facility director shall file a typed treatment plan report with the original court having jurisdiction over the minor. The report shall include an opinion as to whether the minor is fit to stand trial and whether the minor is currently subject to involuntary admission, in need of mental health services on an inpatient basis, or in need of mental health services on an outpatient basis. The report shall also summarize the basis for those findings and provide a current summary of the 5 items required in a treatment plan. A copy of the report shall be forwarded to the clerk of the court, the State's Attorney, and the minor's attorney.

The court on its own motion may order a hearing to review the treatment plan. The minor, the minor's attorney, or the State's Attorney may request a treatment plan review every 90 days and the court shall review the current treatment plan to determine whether the plan complies with the requirements of this Section. The court may order an independent examination on its own initiative and shall order such an evaluation if either the recipient or the State's Attorney so requests and has demonstrated to the court that the plan cannot be effectively reviewed by the court without such an examination. Under no circumstances shall the court be required to order an independent examination pursuant to this Section more than once each year. The examination shall be conducted by an expert as defined in Section 5-5A-135 who is not in the employ of the Department of Human Services.

If, during the period within which the minor is confined in a secure setting, the court enters an order that requires the minor to appear, the court shall timely transmit a copy of the order or writ to the director of the particular Department of Human Services facility where the minor resides authorizing the transportation of the minor to the court for the purpose of the hearing.

(A) 180 days after a minor is remanded to the Department of Human Services, under paragraph (2), and every 180 days thereafter for so long as the minor is confined under the order entered thereunder, the court shall set a hearing and shall direct that notice of the time and place of the hearing be served upon the minor, the facility director, the State's Attorney, and the minor's attorney. If requested by either the State, the minor, or the minor's attorney or if the court determines that it is appropriate, an impartial examination of the minor by an expert as defined in Section 5-5A-135 who is not in the employ of the Department of Human Services shall be ordered, and the report considered at the time of the hearing. If the minor is not currently represented by an attorney, the court shall appoint the public defender to represent the minor at the hearing. The court shall make a finding as to whether the minor is:

(i) subject to involuntary admission; or

(ii) in need of mental health services in the form of inpatient care; or

(iii) in need of mental health services but not subject to involuntary admission nor inpatient care. The findings of the court shall be established by clear and convincing evidence and the burden of proof and the burden of going forward with the evidence shall rest with the State's Attorney. Upon finding by the court, the court shall enter its findings and an appropriate order.

(B) The terms "subject to involuntary admission", "in need of mental health services in the form of inpatient care" and "in need of mental health services but not subject to involuntary admission nor inpatient care" shall have the meanings ascribed to them in clause (d) of Section 5-2-4 of the Unified Code of Corrections.

(3) If the minor is not committed pursuant to this Section, the minor shall be released.

(4) In no event may the treatment period be extended to exceed the maximum sentence to which a minor would have been subject had the minor been convicted in a criminal proceeding or the maximum sentence available for those subject to the exclusive jurisdiction of the Juvenile Court Act.

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

Sec. 5-5A-215. Juvenile Discharge Hearing Task Force.

(a) The Juvenile Discharge Hearing Task Force is created to examine the juvenile discharge hearing process, compare Illinois' process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs. The recommendations shall include statutory language to update Section 5-5A-210 and whether the juvenile discharge hearing should take place on the same timeframe as discharge hearings for adult offenders.

(b) The Task Force shall consist of the following members, all of whom shall serve without compensation:

(1) the Executive Director of the Illinois Juvenile Justice Commission, or the Executive Director's designee, who shall serve as Chair;

(2) one member of the General Assembly, appointed by the President of the Senate;

(3) one member of the General Assembly, appointed by the Minority Leader of the Senate;

(4) one member of the General Assembly, appointed by the Speaker of the House of Representatives;

(5) one member of the General Assembly, appointed by the House Minority Leader;

(6) the Secretary of the Department of Human Services, or the Secretary's designee;

(7) the Director of the Administrative Office of the Illinois Courts, or the Director's designee;

(8) the Cook County State's Attorney, or the State's Attorney's designee;

(9) a member nominated by a statewide organization that represents State's Attorneys and appointed by the Governor;

(10) the Cook County Public Defender, or the Public Defender's designee;

(11) a member nominated by a statewide organization that represents public defenders and appointed by the Governor;

(12) one expert fitness evaluator, appointed by the Governor;

(13) one representative of an Illinois organization that advocates for currently and formerly incarcerated youth, appointed by the Governor;

(14) one representative from a statewide organization that advocates on behalf of the community-based services for children and families, appointed by the Governor; and

(15) one representative of a statewide organization that advocates for youth living with mental health conditions, appointed by the Governor.

(c) Within 60 days of the effective date of this Act of the 104th General Assembly, the Chair shall establish the Task Force. The Task Force will meet at the call of the Chair. The Illinois Department of Human Services shall provide administrative support to the Task Force.

(d) The Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2027.

(e) This Section is repealed on January 1, 2028.

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

Sec. 5-5A-220. Follow-up study and recommendations. The Illinois Department of Human Services 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, 2029.

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect July 1, 2026.