Full Text of SB0066 102nd General Assembly
SB0066 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0066 Introduced 1/29/2021, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/5-710 | | 705 ILCS 405/5-750 | |
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Amends the Juvenile Court Act of 1987. Provides that an adjudged delinquent
for the offense of first degree murder may be committed to the Department of Juvenile Justice when he or she is 14 years old (rather than 13 years old).
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 5-710 and 5-750 as follows:
| 6 | | (705 ILCS 405/5-710)
| 7 | | Sec. 5-710. Kinds of sentencing orders.
| 8 | | (1) The following kinds of sentencing orders may be made | 9 | | in respect of
wards of the court:
| 10 | | (a) Except as provided in Sections 5-805, 5-810, and | 11 | | 5-815, a minor who is
found
guilty under Section 5-620 may | 12 | | be:
| 13 | | (i) put on probation or conditional discharge and | 14 | | released to his or her
parents, guardian or legal | 15 | | custodian, provided, however, that any such minor
who | 16 | | is not committed to the Department of Juvenile Justice | 17 | | under
this subsection and who is found to be a | 18 | | delinquent for an offense which is
first degree | 19 | | murder, a Class X felony, or a forcible felony shall be | 20 | | placed on
probation;
| 21 | | (ii) placed in accordance with Section 5-740, with | 22 | | or without also being
put on probation or conditional | 23 | | discharge;
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| 1 | | (iii) required to undergo a substance abuse | 2 | | assessment conducted by a
licensed provider and | 3 | | participate in the indicated clinical level of care;
| 4 | | (iv) on and after January 1, 2015 ( the effective | 5 | | date of Public Act 98-803) this amendatory Act of the | 6 | | 98th General Assembly and before January 1, 2017, | 7 | | placed in the guardianship of the Department of | 8 | | Children and Family
Services, but only if the | 9 | | delinquent minor is under 16 years of age or, pursuant | 10 | | to Article II of this Act, a minor under the age of 18 | 11 | | for whom an independent basis of abuse, neglect, or | 12 | | dependency exists. On and after January 1, 2017, | 13 | | placed in the guardianship of the Department of | 14 | | Children and Family
Services, but only if the | 15 | | delinquent minor is under 15 years of age or, pursuant | 16 | | to Article II of this Act, a minor for whom an | 17 | | independent basis of abuse, neglect, or dependency | 18 | | exists. An independent basis exists when the | 19 | | allegations or adjudication of abuse, neglect, or | 20 | | dependency do not arise from the same facts, incident, | 21 | | or circumstances which give rise to a charge or | 22 | | adjudication of delinquency;
| 23 | | (v) placed in detention for a period not to exceed | 24 | | 30 days, either as
the
exclusive order of disposition | 25 | | or, where appropriate, in conjunction with any
other | 26 | | order of disposition issued under this paragraph, |
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| 1 | | provided that any such
detention shall be in a | 2 | | juvenile detention home and the minor so detained | 3 | | shall
be 10 years of age or older. However, the 30-day | 4 | | limitation may be extended by
further order of the | 5 | | court for a minor under age 15 committed to the | 6 | | Department
of Children and Family Services if the | 7 | | court finds that the minor is a danger
to himself or | 8 | | others. The minor shall be given credit on the | 9 | | sentencing order
of detention for time spent in | 10 | | detention under Sections 5-501, 5-601, 5-710, or
5-720 | 11 | | of this
Article as a result of the offense for which | 12 | | the sentencing order was imposed.
The court may grant | 13 | | credit on a sentencing order of detention entered | 14 | | under a
violation of probation or violation of | 15 | | conditional discharge under Section
5-720 of this | 16 | | Article for time spent in detention before the filing | 17 | | of the
petition
alleging the violation. A minor shall | 18 | | not be deprived of credit for time spent
in detention | 19 | | before the filing of a violation of probation or | 20 | | conditional
discharge alleging the same or related act | 21 | | or acts. The limitation that the minor shall only be | 22 | | placed in a juvenile detention home does not apply as | 23 | | follows: | 24 | | Persons 18 years of age and older who have a | 25 | | petition of delinquency filed against them may be | 26 | | confined in an adult detention facility. In making a |
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| 1 | | determination whether to confine a person 18 years of | 2 | | age or older who has a petition of delinquency filed | 3 | | against the person, these factors, among other | 4 | | matters, shall be considered: | 5 | | (A) the age of the person; | 6 | | (B) any previous delinquent or criminal | 7 | | history of the person; | 8 | | (C) any previous abuse or neglect history of | 9 | | the person; | 10 | | (D) any mental health history of the person; | 11 | | and | 12 | | (E) any educational history of the person;
| 13 | | (vi) ordered partially or completely emancipated | 14 | | in accordance with the
provisions of the Emancipation | 15 | | of Minors Act;
| 16 | | (vii) subject to having his or her driver's | 17 | | license or driving
privileges
suspended for such time | 18 | | as determined by the court but only until he or she
| 19 | | attains 18 years of age;
| 20 | | (viii) put on probation or conditional discharge | 21 | | and placed in detention
under Section 3-6039 of the | 22 | | Counties Code for a period not to exceed the period
of | 23 | | incarceration permitted by law for adults found guilty | 24 | | of the same offense
or offenses for which the minor was | 25 | | adjudicated delinquent, and in any event no
longer | 26 | | than upon attainment of age 21; this subdivision |
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| 1 | | (viii) notwithstanding
any contrary provision of the | 2 | | law;
| 3 | | (ix) ordered to undergo a medical or other | 4 | | procedure to have a tattoo
symbolizing allegiance to a | 5 | | street gang removed from his or her body; or | 6 | | (x) placed in electronic monitoring or home | 7 | | detention under Part 7A of this Article.
| 8 | | (b) A minor found to be guilty may be committed to the | 9 | | Department of
Juvenile Justice under Section 5-750 if the | 10 | | minor is at least 14 13 years and under 20 years of age,
| 11 | | provided that the commitment to the Department of Juvenile | 12 | | Justice shall be made only if the minor was found guilty of | 13 | | a felony offense or first degree murder. The court shall | 14 | | include in the sentencing order any pre-custody credits | 15 | | the minor is entitled to under Section 5-4.5-100 of the | 16 | | Unified Code of Corrections. The time during which a minor | 17 | | is in custody before being released
upon the request of a | 18 | | parent, guardian or legal custodian shall also be | 19 | | considered
as time spent in custody.
| 20 | | (c) When a minor is found to be guilty for an offense | 21 | | which is a violation
of the Illinois Controlled Substances | 22 | | Act, the Cannabis Control Act, or the Methamphetamine | 23 | | Control and Community Protection Act and made
a ward of | 24 | | the court, the court may enter a disposition order | 25 | | requiring the
minor to undergo assessment,
counseling or | 26 | | treatment in a substance use disorder treatment program |
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| 1 | | approved by the Department
of Human Services.
| 2 | | (2) Any sentencing order other than commitment to the | 3 | | Department of
Juvenile Justice may provide for protective | 4 | | supervision under
Section 5-725 and may include an order of | 5 | | protection under Section 5-730.
| 6 | | (3) Unless the sentencing order expressly so provides, it | 7 | | does not operate
to close proceedings on the pending petition, | 8 | | but is subject to modification
until final closing and | 9 | | discharge of the proceedings under Section 5-750.
| 10 | | (4) In addition to any other sentence, the court may order | 11 | | any
minor
found to be delinquent to make restitution, in | 12 | | monetary or non-monetary form,
under the terms and conditions | 13 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 14 | | that the "presentencing hearing" referred to in that
Section
| 15 | | shall be
the sentencing hearing for purposes of this Section. | 16 | | The parent, guardian or
legal custodian of the minor may be | 17 | | ordered by the court to pay some or all of
the restitution on | 18 | | the minor's behalf, pursuant to the Parental Responsibility
| 19 | | Law. The State's Attorney is authorized to act
on behalf of any | 20 | | victim in seeking restitution in proceedings under this
| 21 | | Section, up to the maximum amount allowed in Section 5 of the | 22 | | Parental
Responsibility Law.
| 23 | | (5) Any sentencing order where the minor is committed or | 24 | | placed in
accordance
with Section 5-740 shall provide for the | 25 | | parents or guardian of the estate of
the minor to pay to the | 26 | | legal custodian or guardian of the person of the minor
such |
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| 1 | | sums as are determined by the custodian or guardian of the | 2 | | person of the
minor as necessary for the minor's needs. The | 3 | | payments may not exceed the
maximum amounts provided for by | 4 | | Section 9.1 of the Children and Family Services
Act.
| 5 | | (6) Whenever the sentencing order requires the minor to | 6 | | attend school or
participate in a program of training, the | 7 | | truant officer or designated school
official shall regularly | 8 | | report to the court if the minor is a chronic or
habitual | 9 | | truant under Section 26-2a of the School Code. Notwithstanding | 10 | | any other provision of this Act, in instances in which | 11 | | educational services are to be provided to a minor in a | 12 | | residential facility where the minor has been placed by the | 13 | | court, costs incurred in the provision of those educational | 14 | | services must be allocated based on the requirements of the | 15 | | School Code.
| 16 | | (7) In no event shall a guilty minor be committed to the | 17 | | Department of
Juvenile Justice for a period of time in
excess | 18 | | of
that period for which an adult could be committed for the | 19 | | same act. The court shall include in the sentencing order a | 20 | | limitation on the period of confinement not to exceed the | 21 | | maximum period of imprisonment the court could impose under | 22 | | Chapter V 5 of the Unified Code of Corrections.
| 23 | | (7.5) In no event shall a guilty minor be committed to the | 24 | | Department of Juvenile Justice or placed in detention when the | 25 | | act for which the minor was adjudicated delinquent would not | 26 | | be illegal if committed by an adult. |
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| 1 | | (7.6) In no event shall a guilty minor be committed to the | 2 | | Department of Juvenile Justice for an offense which is a Class | 3 | | 4 felony under Section 19-4 (criminal trespass to a | 4 | | residence), 21-1 (criminal damage to property), 21-1.01 | 5 | | (criminal damage to government supported property), 21-1.3 | 6 | | (criminal defacement of property), 26-1 (disorderly conduct), | 7 | | or 31-4 (obstructing justice) of the Criminal Code of 2012. | 8 | | (7.75) In no event shall a guilty minor be committed to the | 9 | | Department of Juvenile Justice for an offense that is a Class 3 | 10 | | or Class 4 felony violation of the Illinois Controlled | 11 | | Substances Act unless the commitment occurs upon a third or | 12 | | subsequent judicial finding of a violation of probation for | 13 | | substantial noncompliance with court-ordered treatment or | 14 | | programming. | 15 | | (8) A minor found to be guilty for reasons that include a | 16 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012 shall be ordered to perform
community | 18 | | service for not less than 30 and not more than 120 hours, if
| 19 | | community service is available in the jurisdiction. The | 20 | | community service
shall include, but need not be limited to, | 21 | | the cleanup and repair of the damage
that was caused by the | 22 | | violation or similar damage to property located in the
| 23 | | municipality or county in which the violation occurred. The | 24 | | order may be in
addition to any other order authorized by this | 25 | | Section.
| 26 | | (8.5) A minor found to be guilty for reasons that include a |
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| 1 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 2 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 3 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 4 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 5 | | shall be ordered to undergo medical or psychiatric treatment | 6 | | rendered by
a
psychiatrist or psychological treatment rendered | 7 | | by a clinical psychologist.
The order
may be in addition to any | 8 | | other order authorized by this Section.
| 9 | | (9) In addition to any other sentencing order, the court | 10 | | shall order any
minor found
to be guilty for an act which would | 11 | | constitute, predatory criminal sexual
assault of a child, | 12 | | aggravated criminal sexual assault, criminal sexual
assault, | 13 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 14 | | committed by an
adult to undergo medical testing to determine | 15 | | whether the defendant has any
sexually transmissible disease | 16 | | including a test for infection with human
immunodeficiency | 17 | | virus (HIV) or any other identified causative agency of
| 18 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 19 | | shall be performed
only by appropriately licensed medical | 20 | | practitioners and may include an
analysis of any bodily fluids | 21 | | as well as an examination of the minor's person.
Except as | 22 | | otherwise provided by law, the results of the test shall be | 23 | | kept
strictly confidential by all medical personnel involved | 24 | | in the testing and must
be personally delivered in a sealed | 25 | | envelope to the judge of the court in which
the sentencing | 26 | | order was entered for the judge's inspection in camera. Acting
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| 1 | | in accordance with the best interests of the victim and the | 2 | | public, the judge
shall have the discretion to determine to | 3 | | whom the results of the testing may
be revealed. The court | 4 | | shall notify the minor of the results of the test for
infection | 5 | | with the human immunodeficiency virus (HIV). The court shall | 6 | | also
notify the victim if requested by the victim, and if the | 7 | | victim is under the
age of 15 and if requested by the victim's | 8 | | parents or legal guardian, the court
shall notify the victim's | 9 | | parents or the legal guardian, of the results of the
test for | 10 | | infection with the human immunodeficiency virus (HIV). The | 11 | | court
shall provide information on the availability of HIV | 12 | | testing and counseling at
the Department of Public Health | 13 | | facilities to all parties to whom the
results of the testing | 14 | | are revealed. The court shall order that the cost of
any test | 15 | | shall be paid by the county and may be taxed as costs against | 16 | | the
minor.
| 17 | | (10) When a court finds a minor to be guilty the court | 18 | | shall, before
entering a sentencing order under this Section, | 19 | | make a finding whether the
offense committed either: (a) was | 20 | | related to or in furtherance of the criminal
activities of an | 21 | | organized gang or was motivated by the minor's membership in
| 22 | | or allegiance to an organized gang, or (b) involved a | 23 | | violation of
subsection (a) of Section 12-7.1 of the Criminal | 24 | | Code of 1961 or the Criminal Code of 2012, a violation of
any
| 25 | | Section of Article 24 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, or a violation of any
statute that |
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| 1 | | involved the wrongful use of a firearm. If the court | 2 | | determines
the question in the affirmative,
and the court does | 3 | | not commit the minor to the Department of Juvenile Justice, | 4 | | the court shall order the minor to perform community service
| 5 | | for not less than 30 hours nor more than 120 hours, provided | 6 | | that community
service is available in the jurisdiction and is | 7 | | funded and approved by the
county board of the county where the | 8 | | offense was committed. The community
service shall include, | 9 | | but need not be limited to, the cleanup and repair of
any | 10 | | damage caused by a violation of Section 21-1.3 of the Criminal | 11 | | Code of 1961 or the Criminal Code of 2012
and similar damage to | 12 | | property located in the municipality or county in which
the | 13 | | violation occurred. When possible and reasonable, the | 14 | | community service
shall be performed in the minor's | 15 | | neighborhood. This order shall be in
addition to any other | 16 | | order authorized by this Section
except for an order to place | 17 | | the minor in the custody of the Department of
Juvenile | 18 | | Justice. For the purposes of this Section, "organized
gang" | 19 | | has the meaning ascribed to it in Section 10 of the Illinois | 20 | | Streetgang
Terrorism Omnibus Prevention Act.
| 21 | | (11) If the court determines that the offense was | 22 | | committed in furtherance of the criminal activities of an | 23 | | organized gang, as provided in subsection (10), and that the | 24 | | offense involved the operation or use of a motor vehicle or the | 25 | | use of a driver's license or permit, the court shall notify the | 26 | | Secretary of State of that determination and of the period for |
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| 1 | | which the minor shall be denied driving privileges. If, at the | 2 | | time of the determination, the minor does not hold a driver's | 3 | | license or permit, the court shall provide that the minor | 4 | | shall not be issued a driver's license or permit until his or | 5 | | her 18th birthday. If the minor holds a driver's license or | 6 | | permit at the time of the determination, the court shall | 7 | | provide that the minor's driver's license or permit shall be | 8 | | revoked until his or her 21st birthday, or until a later date | 9 | | or occurrence determined by the court. If the minor holds a | 10 | | driver's license at the time of the determination, the court | 11 | | may direct the Secretary of State to issue the minor a judicial | 12 | | driving permit, also known as a JDP. The JDP shall be subject | 13 | | to the same terms as a JDP issued under Section 6-206.1 of the | 14 | | Illinois Vehicle Code, except that the court may direct that | 15 | | the JDP be effective immediately.
| 16 | | (12) (Blank).
| 17 | | (Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | 18 | | 100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff. | 19 | | 7-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
| 20 | | (705 ILCS 405/5-750)
| 21 | | Sec. 5-750. Commitment to the Department of Juvenile | 22 | | Justice. | 23 | | (1) Except as provided in subsection (2) of this Section, | 24 | | when any
delinquent has been adjudged a ward of the court under | 25 | | this Act, the court may
commit him or her to the Department of |
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| 1 | | Juvenile Justice, if it
finds
that (a) his or her parents, | 2 | | guardian or legal custodian are unfit or are
unable, for
some | 3 | | reason other than financial circumstances alone, to care for, | 4 | | protect,
train or discipline the minor, or are unwilling to do | 5 | | so,
and the best interests of the minor and
the public will not | 6 | | be served by placement under Section 5-740,
or it is
necessary | 7 | | to ensure the protection of the public from the consequences | 8 | | of
criminal activity of the delinquent; and (b)
commitment to | 9 | | the Department of Juvenile Justice is the least
restrictive | 10 | | alternative based on evidence that efforts were
made to locate | 11 | | less restrictive alternatives to secure
confinement and the | 12 | | reasons why efforts were unsuccessful in
locating a less | 13 | | restrictive alternative to secure confinement. Before the | 14 | | court commits a minor to the Department of Juvenile Justice, | 15 | | it shall make a finding that secure confinement is necessary,
| 16 | | following a review of the following individualized factors: | 17 | | (A) Age of the minor. | 18 | | (B) Criminal background of the minor. | 19 | | (C) Review of results of any assessments of the minor,
| 20 | | including child centered assessments such as the CANS. | 21 | | (D) Educational background of the minor, indicating
| 22 | | whether the minor has ever been assessed for a learning
| 23 | | disability, and if so what services were provided as well | 24 | | as any disciplinary incidents at school. | 25 | | (E) Physical, mental and emotional health of the | 26 | | minor,
indicating whether the minor has ever been |
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| 1 | | diagnosed with a
health issue and if so what services were | 2 | | provided and whether the minor was compliant with | 3 | | services. | 4 | | (F) Community based services that have been provided | 5 | | to
the minor, and whether the minor was compliant with the | 6 | | services, and the reason the services were unsuccessful. | 7 | | (G) Services within the Department of Juvenile Justice
| 8 | | that will meet the individualized needs of the minor.
| 9 | | (1.5) Before the court commits a minor to the Department | 10 | | of Juvenile Justice, the court must find reasonable efforts | 11 | | have been made to prevent or eliminate the need for the minor | 12 | | to be removed from the home, or reasonable efforts cannot, at | 13 | | this time, for good cause, prevent or eliminate the need for | 14 | | removal, and removal from home is in the best interests of the | 15 | | minor, the minor's family, and the public. | 16 | | (2) When a minor of the age of at least 14 13 years is | 17 | | adjudged delinquent
for the offense of first degree murder, | 18 | | the court shall declare the minor a
ward of the court and order | 19 | | the minor committed to the Department of
Juvenile Justice | 20 | | until the minor's 21st birthday, without the
possibility of | 21 | | aftercare release, furlough, or non-emergency authorized | 22 | | absence for a
period of 5 years from the date the minor was | 23 | | committed to the Department of
Juvenile Justice, except that | 24 | | the time that a minor spent in custody for the instant
offense | 25 | | before being committed to the Department of Juvenile Justice | 26 | | shall be considered as time
credited towards that 5 year |
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| 1 | | period. Upon release from a Department facility, a minor | 2 | | adjudged delinquent for first degree murder shall be placed on | 3 | | aftercare release until the age of 21, unless sooner | 4 | | discharged from aftercare release or custodianship is | 5 | | otherwise terminated in accordance with this Act or as | 6 | | otherwise provided for by law. Nothing in this subsection (2) | 7 | | shall
preclude the State's Attorney from seeking to prosecute | 8 | | a minor as an adult as
an alternative to proceeding under this | 9 | | Act.
| 10 | | (3) Except as provided in subsection (2), the commitment | 11 | | of a
delinquent to the Department of Juvenile Justice shall be | 12 | | for an indeterminate term
which shall automatically terminate | 13 | | upon the delinquent attaining the age of 21
years or upon | 14 | | completion of that period for which an adult could be | 15 | | committed for the same act, whichever occurs sooner, unless | 16 | | the delinquent is sooner discharged from aftercare release or | 17 | | custodianship
is otherwise terminated in accordance with this | 18 | | Act or as otherwise provided
for by law.
| 19 | | (3.5) Every delinquent minor committed to the Department | 20 | | of Juvenile Justice under this Act shall be eligible for | 21 | | aftercare release without regard to the length of time the | 22 | | minor has been confined or whether the minor has served any | 23 | | minimum term imposed. Aftercare release shall be administered | 24 | | by the Department of Juvenile Justice, under the direction of | 25 | | the Director. Unless sooner discharged, the Department of | 26 | | Juvenile Justice shall discharge a minor from aftercare |
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| 1 | | release upon completion of the following aftercare release | 2 | | terms: | 3 | | (a) One and a half years from the date a minor is | 4 | | released from a Department facility, if the minor was | 5 | | committed for a Class X felony; | 6 | | (b) One year from the date a minor is released from a | 7 | | Department facility, if the minor was committed for a | 8 | | Class 1 or 2 felony; and | 9 | | (c) Six months from the date a minor is released from a | 10 | | Department facility, if the minor was committed for a | 11 | | Class 3 felony or lesser offense. | 12 | | (4) When the court commits a minor to the Department of | 13 | | Juvenile Justice, it
shall order him or her conveyed forthwith | 14 | | to the appropriate reception station
or
other place designated | 15 | | by the Department of Juvenile Justice, and shall appoint the
| 16 | | Director of Juvenile Justice legal custodian of the
minor. The | 17 | | clerk of the court shall issue to the
Director of Juvenile | 18 | | Justice a certified copy of the order,
which constitutes proof | 19 | | of the Director's authority. No other process need
issue to
| 20 | | warrant the keeping of the minor.
| 21 | | (5) If a minor is committed to the Department of Juvenile | 22 | | Justice, the clerk of the court shall forward to the | 23 | | Department:
| 24 | | (a) the sentencing order and copies of committing | 25 | | petition;
| 26 | | (b) all reports;
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| 1 | | (c) the court's statement of the basis for ordering | 2 | | the disposition;
| 3 | | (d) any sex offender evaluations; | 4 | | (e) any risk assessment or substance abuse treatment | 5 | | eligibility screening and assessment of the minor by an | 6 | | agent designated by the State to provide assessment | 7 | | services for the courts; | 8 | | (f) the number of days, if any, which the minor has | 9 | | been in custody and for which he or she is entitled to | 10 | | credit against the sentence, which information shall be | 11 | | provided to the clerk by the sheriff; | 12 | | (g) any medical or mental health records or summaries | 13 | | of the minor; | 14 | | (h) the municipality where the arrest of the minor | 15 | | occurred, the commission of the offense occurred, and the | 16 | | minor resided at the time of commission; | 17 | | (h-5) a report detailing the minor's criminal history | 18 | | in a manner and form prescribed by the Department of | 19 | | Juvenile Justice; and | 20 | | (i) all additional matters which the court directs the | 21 | | clerk to transmit.
| 22 | | (6) Whenever the Department of Juvenile Justice lawfully | 23 | | discharges from its
custody and
control a minor committed to | 24 | | it, the Director of Juvenile Justice shall petition the court | 25 | | for an order terminating his or her
custodianship. The | 26 | | custodianship shall terminate automatically 30 days after
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| 1 | | receipt of the petition unless the court orders otherwise.
| 2 | | (7) If, while on aftercare release, a minor committed to | 3 | | the Department of Juvenile Justice who resides in this State | 4 | | is charged under the criminal laws of this State, the criminal | 5 | | laws of any other state, or federal law with an offense that | 6 | | could result in a sentence of imprisonment within the | 7 | | Department of Corrections, the penal system of any state, or | 8 | | the federal Bureau of Prisons, the commitment to the | 9 | | Department of Juvenile Justice and all rights and duties | 10 | | created by that commitment are automatically suspended pending | 11 | | final disposition of the criminal charge. If the minor is | 12 | | found guilty of the criminal charge and sentenced to a term of | 13 | | imprisonment in the penitentiary system of the Department of | 14 | | Corrections, the penal system of any state, or the federal | 15 | | Bureau of Prisons, the commitment to the Department of | 16 | | Juvenile Justice shall be automatically terminated. If the | 17 | | criminal charge is dismissed, the minor is found not guilty, | 18 | | or the minor completes a criminal sentence other than | 19 | | imprisonment within the Department of Corrections, the penal | 20 | | system of any state, or the federal Bureau of Prisons, the | 21 | | previously imposed commitment to the Department of Juvenile | 22 | | Justice and the full aftercare release term shall be | 23 | | automatically reinstated unless custodianship is sooner | 24 | | terminated. Nothing in this subsection (7) shall preclude the | 25 | | court from ordering another sentence under Section 5-710 of | 26 | | this Act or from terminating the Department's custodianship |
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| 1 | | while the commitment to the Department is suspended. | 2 | | (Source: P.A. 100-765, eff. 8-10-18; 101-159, eff. 1-1-20 .)
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