Full Text of HB0111 102nd General Assembly
HB0111eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning juveniles.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 17a-9 as follows: | 6 | | (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9) | 7 | | Sec. 17a-9. Illinois Juvenile Justice Commission. | 8 | | (a) There is hereby created
the Illinois Juvenile Justice | 9 | | Commission which shall consist of 25 persons
appointed by the | 10 | | Governor.
The Chairperson of the Commission shall be appointed | 11 | | by the Governor. Of
the initial appointees, 8 shall serve a | 12 | | one-year term, 8 shall serve a two-year
term and 9 shall serve | 13 | | a three-year term. Thereafter, each successor
shall serve a | 14 | | three-year term. Vacancies shall be filled in the same manner
| 15 | | as original appointments. Once appointed, members shall serve | 16 | | until their
successors are appointed and qualified. Members | 17 | | shall serve without
compensation,
except they shall be | 18 | | reimbursed for their actual expenses in the performance
of | 19 | | their duties.
The Commission shall carry out the rights, | 20 | | powers and duties established
in subparagraph (3) of paragraph | 21 | | (a) of Section 223 of the Federal "Juvenile
Justice and | 22 | | Delinquency Prevention Act of 1974", as now or hereafter | 23 | | amended.
The Commission shall determine the priorities for |
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| 1 | | expenditure of funds made
available to the State by the | 2 | | Federal Government pursuant to that Act.
The Commission shall | 3 | | have the following powers and duties: | 4 | | (1) Development, review and final approval of the | 5 | | State's juvenile justice
plan for funds under the Federal | 6 | | "Juvenile Justice and Delinquency Prevention
Act of 1974"; | 7 | | (2) Review and approve or disapprove juvenile justice | 8 | | and delinquency
prevention grant applications to the | 9 | | Department for federal funds under that Act; | 10 | | (3) Annual submission of recommendations to the | 11 | | Governor and the General
Assembly concerning matters | 12 | | relative to its function , including recommendations | 13 | | regarding the inclusion of emerging adults into a | 14 | | developmentally appropriate justice system, reducing | 15 | | recidivism, and preventing deeper criminal involvement ; | 16 | | (4) Responsibility for the review of funds allocated | 17 | | to Illinois under
the "Juvenile Justice and Delinquency | 18 | | Prevention Act of 1974" to ensure
compliance with all | 19 | | relevant federal laws and regulations; | 20 | | (5) Function as the advisory committee for the State
| 21 | | Youth and Community Services Program as authorized under | 22 | | Section 17 of this
Act, and in that capacity be authorized | 23 | | and empowered to assist and advise the
Secretary of Human | 24 | | Services on matters related to juvenile
justice and | 25 | | delinquency prevention programs and services; and | 26 | | (6) Study the impact of, develop timelines, and |
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| 1 | | propose a funding structure to accommodate the expansion | 2 | | of the jurisdiction of the Illinois Juvenile Court to | 3 | | include youth age 17 under the jurisdiction of the | 4 | | Juvenile Court Act of 1987. The Commission shall submit a | 5 | | report by December 31, 2011 to the General Assembly with | 6 | | recommendations on extending juvenile court jurisdiction | 7 | | to youth age 17 charged with felony offenses. | 8 | | (b) On the effective date of this amendatory Act of the | 9 | | 96th General Assembly, the Illinois Juvenile Jurisdiction Task | 10 | | Force created by Public Act 95-1031 is abolished and its | 11 | | duties are transferred to the Illinois Juvenile Justice | 12 | | Commission as provided in paragraph (6) of subsection (a) of | 13 | | this Section. | 14 | | (Source: P.A. 96-1199, eff. 1-1-11.) | 15 | | Section 10. The Juvenile Court Act of 1987 is amended by | 16 | | changing Section 5-105 as follows:
| 17 | | (705 ILCS 405/5-105)
| 18 | | Sec. 5-105. Definitions. As used in this Article:
| 19 | | (1) "Aftercare release" means the conditional and | 20 | | revocable release of an adjudicated delinquent juvenile | 21 | | committed to the Department of Juvenile Justice under the | 22 | | supervision of the Department of Juvenile Justice. | 23 | | (1.5) "Court" means the circuit court in a session or | 24 | | division
assigned to hear proceedings under this Act, and |
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| 1 | | includes the term Juvenile
Court.
| 2 | | (2) "Community service" means uncompensated labor for | 3 | | a community service
agency as hereinafter defined.
| 4 | | (2.5) "Community service agency" means a | 5 | | not-for-profit organization,
community
organization, | 6 | | church, charitable organization, individual, public | 7 | | office,
or other public body whose purpose is to enhance
| 8 | | the physical or mental health of a delinquent minor or to | 9 | | rehabilitate the
minor, or to improve the environmental | 10 | | quality or social welfare of the
community which agrees to | 11 | | accept community service from juvenile delinquents
and to | 12 | | report on the progress of the community service to the | 13 | | State's
Attorney pursuant to an agreement or to the court | 14 | | or to any agency designated
by the court or to the | 15 | | authorized diversion program that has referred the
| 16 | | delinquent minor for community service.
| 17 | | (3) "Delinquent minor" means any minor who prior to | 18 | | his or her 18th birthday has violated or attempted to | 19 | | violate, regardless of where the act occurred, any | 20 | | federal, State, county or municipal law or ordinance. On | 21 | | and after January 1, 2023, "delinquent minor" includes a | 22 | | minor who prior to his or her 19th birthday has violated or | 23 | | attempted to violate, regardless of where the act | 24 | | occurred, a federal law or State law, or county or | 25 | | municipal ordinance, and the law or ordinance is | 26 | | classified as a misdemeanor offense. The changes made by |
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| 1 | | this amendatory Act of the 102nd General Assembly apply to | 2 | | violations or attempted violations committed on or after | 3 | | January 1, 2023.
| 4 | | (4) "Department" means the Department of Human | 5 | | Services unless specifically
referenced as another | 6 | | department.
| 7 | | (5) "Detention" means the temporary care of a minor | 8 | | who is alleged to be or
has been adjudicated
delinquent | 9 | | and who requires secure custody for the minor's own
| 10 | | protection or the community's protection in a facility | 11 | | designed to physically
restrict the minor's movements, | 12 | | pending disposition by the court or
execution of an order | 13 | | of the court for placement or commitment. Design
features | 14 | | that physically restrict movement include, but are not | 15 | | limited to,
locked rooms and the secure handcuffing of a | 16 | | minor to a rail or other
stationary object. In addition, | 17 | | "detention" includes the court ordered
care of an alleged | 18 | | or adjudicated delinquent minor who requires secure
| 19 | | custody pursuant to Section 5-125 of this Act.
| 20 | | (6) "Diversion" means the referral of a juvenile, | 21 | | without court
intervention,
into a program that provides | 22 | | services designed to educate the juvenile and
develop a | 23 | | productive and responsible approach to living in the | 24 | | community.
| 25 | | (7) "Juvenile detention home" means a public facility | 26 | | with specially trained
staff that conforms to the county |
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| 1 | | juvenile detention standards adopted by
the Department of | 2 | | Juvenile Justice.
| 3 | | (8) "Juvenile justice continuum" means a set of | 4 | | delinquency prevention
programs and services designed for | 5 | | the purpose of preventing or reducing
delinquent acts, | 6 | | including criminal activity by youth gangs, as well as
| 7 | | intervention, rehabilitation, and prevention services | 8 | | targeted at minors who
have committed delinquent acts,
and | 9 | | minors who have previously been committed to residential | 10 | | treatment programs
for delinquents. The term includes | 11 | | children-in-need-of-services and
| 12 | | families-in-need-of-services programs; aftercare and | 13 | | reentry services;
substance abuse and mental health | 14 | | programs;
community service programs; community service
| 15 | | work programs; and alternative-dispute resolution programs | 16 | | serving
youth-at-risk of delinquency and their families, | 17 | | whether offered or delivered
by State or
local | 18 | | governmental entities, public or private for-profit or | 19 | | not-for-profit
organizations, or religious or charitable | 20 | | organizations. This term would also
encompass any program | 21 | | or service consistent with the purpose of those programs
| 22 | | and services enumerated in this subsection.
| 23 | | (9) "Juvenile police officer" means a sworn police | 24 | | officer who has completed
a Basic Recruit Training Course, | 25 | | has been assigned to the position of juvenile
police | 26 | | officer by his or her chief law enforcement officer and |
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| 1 | | has completed
the necessary juvenile officers training as | 2 | | prescribed by the Illinois Law
Enforcement Training | 3 | | Standards Board, or in the case of a State police officer,
| 4 | | juvenile officer training approved by the Director of | 5 | | State
Police.
| 6 | | (10) "Minor" means a person under the age of 21 years | 7 | | subject to this Act.
| 8 | | (11) "Non-secure custody" means confinement where the | 9 | | minor is not
physically
restricted by being placed in a | 10 | | locked cell or room, by being handcuffed to a
rail or other | 11 | | stationary object, or by other means. Non-secure custody | 12 | | may
include, but is not limited to, electronic monitoring, | 13 | | foster home placement,
home confinement, group home | 14 | | placement, or physical restriction of movement or
activity | 15 | | solely through facility staff.
| 16 | | (12) "Public or community service" means uncompensated | 17 | | labor for a
not-for-profit organization
or public body | 18 | | whose purpose is to enhance physical or mental stability | 19 | | of the
offender, environmental quality or the social | 20 | | welfare and which agrees to
accept public or community | 21 | | service from offenders and to report on the progress
of | 22 | | the offender and the public or community service to the | 23 | | court or to the
authorized diversion program that has | 24 | | referred the offender for public or
community
service. | 25 | | "Public or community service" does not include blood | 26 | | donation or assignment to labor at a blood bank. For the |
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| 1 | | purposes of this Act, "blood bank" has the meaning | 2 | | ascribed to the term in Section 2-124 of the Illinois | 3 | | Clinical Laboratory and Blood Bank Act.
| 4 | | (13) "Sentencing hearing" means a hearing to determine | 5 | | whether a minor
should
be adjudged a ward of the court, and | 6 | | to determine what sentence should be
imposed on the minor. | 7 | | It is the intent of the General Assembly that the term
| 8 | | "sentencing hearing" replace the term "dispositional | 9 | | hearing" and be synonymous
with that definition as it was | 10 | | used in the Juvenile Court Act of 1987.
| 11 | | (14) "Shelter" means the temporary care of a minor in | 12 | | physically
unrestricting facilities pending court | 13 | | disposition or execution of court order
for placement.
| 14 | | (15) "Site" means a not-for-profit organization, | 15 | | public
body, church, charitable organization, or | 16 | | individual agreeing to
accept
community service from | 17 | | offenders and to report on the progress of ordered or
| 18 | | required public or community service to the court or to | 19 | | the authorized
diversion program that has referred the | 20 | | offender for public or community
service.
| 21 | | (16) "Station adjustment" means the informal or formal | 22 | | handling of an
alleged
offender by a juvenile police | 23 | | officer.
| 24 | | (17) "Trial" means a hearing to determine whether the | 25 | | allegations of a
petition under Section 5-520 that a minor | 26 | | is delinquent are proved beyond a
reasonable doubt. It is |
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| 1 | | the intent of the General Assembly that the term
"trial" | 2 | | replace the term "adjudicatory hearing" and be synonymous | 3 | | with that
definition as it was used in the Juvenile Court | 4 | | Act of 1987.
| 5 | | The changes made to this Section by Public Act 98-61 apply | 6 | | to violations or attempted violations committed on or after | 7 | | January 1, 2014 (the effective date of Public Act 98-61). | 8 | | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685, | 9 | | eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78, | 10 | | eff. 7-20-15.)
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