96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5853


 
Introduced 2/10/2010, by Rep. Marlow H. Colvin
 
SYNOPSIS AS INTRODUCED:
 		





 


  



705 ILCS 405/5-750










     Amends the Juvenile Court Act of 1987.  Provides that the court may not commit to the Department of Juvenile Justice a delinquent who has been adjudged a ward of the court for an act that if committed by an adult would be a misdemeanor.  Provides that if a minor has been adjudged a ward of the court for an act that if committed by an adult would be a Class 4 or Class 3 felony, the court shall, in addition to the factors and review  in the Act, evaluate whether the best interests of the minor and the public will be served by placing the minor in a community based alternative program instead of commitment to the Department of Juvenile Justice.
  















LRB096 18818 RLC 36074 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5853

LRB096 18818 RLC 36074 b





  
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    AN ACT concerning courts.
  
 
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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 Juvenile Court Act of 1987 is amended  by 
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changing Section 5-750 as follows:
 


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    (705 ILCS 405/5-750)



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    Sec. 5-750. Commitment to the Department of Juvenile 
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Justice.

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    (1) Except as provided in subsections subsection (2) and 
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(2.5) of this Section, when any
delinquent has been adjudged a 
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ward of the court under this Act, the court may
commit him or 
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her to the Department of Juvenile Justice, if it
finds
that (a) 
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his or her parents, guardian or legal custodian are unfit or 
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are
unable, for
some reason other than financial circumstances 
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alone, to care for, protect,
train or discipline the minor, or 
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are unwilling to do so,
and the best interests of the minor and

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the public will not be served by placement under Section 5-740
 
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or; (b) it is
necessary to ensure the protection of the public 
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from the consequences of
criminal activity of the delinquent.

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    (2) When a minor of the age of at least 13 years is 
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adjudged delinquent
for the offense of first degree murder, the 
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court shall declare the minor a
ward of the court and order the 
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minor committed to the Department of
Juvenile Justice until the 
 


 






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minor's 21st birthday, without the
possibility of parole, 
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furlough, or non-emergency authorized absence for a
period of 5 
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years from the date the minor was committed to the Department 
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of
Juvenile Justice, except that the time that a minor spent in 
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custody for the instant
offense before being committed to the 
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Department of Juvenile Justice shall be considered as time

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credited towards that 5 year period.  Nothing in this subsection 
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(2) shall
preclude the State's Attorney from seeking to 
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prosecute a minor as an adult as
an alternative to proceeding 
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under this Act.

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    (2.5)  The court may not commit to the Department of 
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Juvenile Justice a delinquent who has been adjudged a ward of 
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the court under this Act for an act that if committed by an 
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adult would be a misdemeanor.  If a minor has been adjudged a 
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ward of the court under this Act for an act that if committed 
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by an adult would be a Class 4 or Class 3 felony, the court 
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shall, in addition to the factors and review  in Section 5-750 
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and elsewhere in this Act, evaluate whether the best interests 
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of the minor and the public will be served by placing the minor 
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in a community based alternative program instead of commitment 
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to the Department of Juvenile Justice. 
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    (3) Except as provided in subsection (2), the commitment of 
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a
delinquent to the Department of Juvenile Justice shall be for 
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an indeterminate term
which shall automatically terminate upon 
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the delinquent attaining the age of 21
years unless the 
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delinquent is sooner discharged from parole or custodianship
is 
 


 






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otherwise terminated in accordance with this Act or as 
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otherwise provided
for by law.

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    (4) When the court commits a minor to the Department of 
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Juvenile Justice, it
shall order him or her conveyed forthwith 
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to the appropriate reception station
or
other place designated 
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by the Department of Juvenile Justice, and shall appoint the
 
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Director of Juvenile Justice legal custodian of the
minor.  The 
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clerk of the court shall issue to the
Director of Juvenile 
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Justice a certified copy of the order,
which constitutes proof 
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of the Director's authority.  No other process need
issue to

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warrant the keeping of the minor.

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    (5) If a minor is committed to the Department of Juvenile 
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Justice, the clerk of the court shall forward to the 
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Department:


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        (a) the disposition ordered;


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        (b) all reports;


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        (c) the court's statement of the basis for ordering the 
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    disposition;  and


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        (d) all additional matters which the court directs the 
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    clerk to transmit.

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    (6) Whenever the Department of Juvenile Justice lawfully 
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discharges from its
custody and
control a minor committed to 
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it, the Director of Juvenile Justice shall petition the court 
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for an order terminating his or her
custodianship.  The 
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custodianship shall terminate automatically 30 days after

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receipt of the petition unless the court orders otherwise.

 


 






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(Source: P.A. 94-696, eff. 6-1-06.)