HB0083ham003 97TH GENERAL ASSEMBLY

Rep. Annazette Collins

Filed: 3/10/2011

09700HB0083ham003 LRB097 05047 RLC 52585 a

AMENDMENT TO HOUSE BILL 83

AMENDMENT NO. ______. Amend House Bill 83 by replacing everything after the enacting clause with the following:

"Section 5. The Juvenile Court Act of 1987 is amended by changing Section 5-750 as follows:

(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; (b) 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.

(1.5) It is the policy of the State of Illinois that secure confinement be the sentencing option of last resort, be utilized for as short a time as possible, and be reserved primarily as a last resort for minors adjudged delinquent for felony offenses involving great bodily harm. When a minor of the age of at least 13 years is adjudged delinquent for an offense classified as a misdemeanor or a non-violent felony, there is a presumption in favor of community based treatment rather than secure confinement. The court shall document the individualized reasons why secure confinement is necessary, following a review of the following factors:

(a) Age of the minor.

(b) Criminal background of the minor.

(c) Review of results of 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.

(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.

(f) Community based services that have been provided to the minor.

(g) A review of community based services available to the minor.

(h) Services within the Department of Juvenile Justice that will meet the individualized needs of the minor.

(1.6) In addition, the order of the court shall require the preparation and filing with the court of an individualized case plan. The case plan shall include documentation of less restrictive alternatives to secure confinement and shall include an individualized reentry plan to return the minor to his or her home as soon as possible with supportive services to ensure his or her successful reentry. This plan shall be completed and presented to the sentencing court for review prior to the Department of Juvenile Justice conveying the minor to a the Department of Juvenile Justice facility.

(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 parole, 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. 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 unless the delinquent is sooner discharged from parole or custodianship is otherwise terminated in accordance with this Act or as otherwise provided for by law.

(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 disposition ordered;

(b) all reports;

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

(d) 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.

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