Full Text of SJR0074 98th General Assembly
SJ0074 98TH GENERAL ASSEMBLY |
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| 1 | | SENATE JOINT RESOLUTION
| 2 | | WHEREAS, In many parts of the State, juveniles are held in | 3 | | detention facilities that are located hours away from the | 4 | | courthouse in which their appearance is required; and
| 5 | | WHEREAS, Many juveniles committed to the Department of | 6 | | Juvenile Justice must return to juvenile courts across the | 7 | | State for subsequent proceedings, often hours away from the | 8 | | courthouse in which their appearance is required; and
| 9 | | WHEREAS, In many counties throughout this State and in | 10 | | State facilities the staff and resources needed to transport | 11 | | juveniles for appearances in court are the same staff and | 12 | | resources needed to operate State facilities or county juvenile | 13 | | detention facilities and to continually monitor and provide for | 14 | | juvenile detainees; and
| 15 | | WHEREAS, Despite recent reductions in the rate of juvenile | 16 | | detention and commitment to the Department of Juvenile Justice, | 17 | | understaffing in juvenile institutions remains a critical | 18 | | issue for State and local law enforcement; and
| 19 | | WHEREAS, Decreased funding across all levels of law | 20 | | enforcement continues to strain their ability to maintain | 21 | | adequate facility staffing while also being responsible for the |
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| 1 | | transportation of the juveniles to the courthouse; and
| 2 | | WHEREAS, In addition to the financial burden on the State | 3 | | and law enforcement to transport juveniles for court | 4 | | appearances, inclement weather and the great distances | 5 | | traveled, sometimes more than once in a day, place a strain on | 6 | | the juvenile and may even pose a safety concern for everyone | 7 | | involved; and
| 8 | | WHEREAS, There are constitutional mandates and practical | 9 | | benefits to having the physical presence of a juvenile in | 10 | | court; therefore, be it
| 11 | | RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL | 12 | | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | 13 | | CONCURRING HEREIN, that the Illinois Juvenile Justice | 14 | | Commission is directed to study and make recommendations to the | 15 | | Governor and General Assembly on cost-effective alternatives | 16 | | to requiring the physical appearance of juveniles at every | 17 | | court appearance, which may include the use of audio-visual | 18 | | communication, waiver of appearance, or alternate hearing | 19 | | schedules; and be it further
| 20 | | RESOLVED, That the Illinois Juvenile Justice Commission, | 21 | | in consultation with the Department of Juvenile Justice, shall | 22 | | utilize available information and research on best practices |
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| 1 | | within the State and across the nation, shall analyze current | 2 | | funding for juvenile detention facilities, and shall work with | 3 | | local judges, prosecutors, defense attorneys, and law | 4 | | enforcement in finding alternatives to the current practices of | 5 | | transporting juveniles among courthouses, county jails, | 6 | | regional juvenile detention centers and State facilities while | 7 | | ensuring that juveniles continue to have access to counsel and | 8 | | upholding the constitutional and legal rights of all juveniles | 9 | | involved in the justice system; and be it further
| 10 | | RESOLVED, That local judges, prosecutors, defense | 11 | | attorneys, public defenders, and law enforcement are | 12 | | encouraged to participate in this study and to also begin a | 13 | | conversation of their own on ways of lessening the need for | 14 | | juveniles to appear in person at every court appearance; and be | 15 | | it further | 16 | | RESOLVED, That the Illinois Juvenile Justice Commission | 17 | | shall submit a report by March 1, 2015 to the Governor and | 18 | | General Assembly with its recommendations and suggested | 19 | | statutory changes; and be it further | 20 | | RESOLVED, That a copy of this resolution shall be presented | 21 | | to the Director of the Administrative Office of the Illinois | 22 | | Courts, the Executive Director of the Office of the State's | 23 | | Attorneys Appellate Prosecutor, the President of the Illinois |
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| 1 | | Public Defender Association, the President of the Illinois | 2 | | Sheriff's Association, and the Executive Director of the | 3 | | Illinois Juvenile Justice Commission who are each encouraged to | 4 | | share this Resolution with their membership.
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