SJ0074 98TH GENERAL ASSEMBLY

SJ0074 LRB098 21186 RLC 59112 r

SENATE JOINT RESOLUTION

WHEREAS, In many parts of the State, juveniles are held in detention facilities that are located hours away from the courthouse in which their appearance is required; and

WHEREAS, Many juveniles committed to the Department of Juvenile Justice must return to juvenile courts across the State for subsequent proceedings, often hours away from the courthouse in which their appearance is required; and

WHEREAS, In many counties throughout this State and in State facilities the staff and resources needed to transport juveniles for appearances in court are the same staff and resources needed to operate State facilities or county juvenile detention facilities and to continually monitor and provide for juvenile detainees; and

WHEREAS, Despite recent reductions in the rate of juvenile detention and commitment to the Department of Juvenile Justice, understaffing in juvenile institutions remains a critical issue for State and local law enforcement; and

WHEREAS, Decreased funding across all levels of law enforcement continues to strain their ability to maintain adequate facility staffing while also being responsible for the transportation of the juveniles to the courthouse; and

WHEREAS, In addition to the financial burden on the State and law enforcement to transport juveniles for court appearances, inclement weather and the great distances traveled, sometimes more than once in a day, place a strain on the juvenile and may even pose a safety concern for everyone involved; and

WHEREAS, There are constitutional mandates and practical benefits to having the physical presence of a juvenile in court; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the Illinois Juvenile Justice Commission is directed to study and make recommendations to the Governor and General Assembly on cost-effective alternatives to requiring the physical appearance of juveniles at every court appearance, which may include the use of audio-visual communication, waiver of appearance, or alternate hearing schedules; and be it further

RESOLVED, That the Illinois Juvenile Justice Commission, in consultation with the Department of Juvenile Justice, shall utilize available information and research on best practices within the State and across the nation, shall analyze current funding for juvenile detention facilities, and shall work with local judges, prosecutors, defense attorneys, and law enforcement in finding alternatives to the current practices of transporting juveniles among courthouses, county jails, regional juvenile detention centers and State facilities while ensuring that juveniles continue to have access to counsel and upholding the constitutional and legal rights of all juveniles involved in the justice system; and be it further

RESOLVED, That local judges, prosecutors, defense attorneys, public defenders, and law enforcement are encouraged to participate in this study and to also begin a conversation of their own on ways of lessening the need for juveniles to appear in person at every court appearance; and be it further

RESOLVED, That the Illinois Juvenile Justice Commission shall submit a report by March 1, 2015 to the Governor and General Assembly with its recommendations and suggested statutory changes; and be it further

RESOLVED, That a copy of this resolution shall be presented to the Director of the Administrative Office of the Illinois Courts, the Executive Director of the Office of the State's Attorneys Appellate Prosecutor, the President of the Illinois Public Defender Association, the President of the Illinois Sheriff's Association, and the Executive Director of the Illinois Juvenile Justice Commission who are each encouraged to share this Resolution with their membership.