Full Text of HB5566 101st General Assembly
HB5566 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5566 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that relevant information, reports and records, held by the Department of Juvenile Justice, including social investigation, psychological and medical records, of any juvenile offender, shall be made available to any county juvenile detention facility or any Illinois Probation Department, where the subject juvenile offender formerly was in the custody of the Department of Juvenile Justice, released to mandatory supervision, released to aftercare, or released to juvenile parole, and is subsequently ordered to be held in a county juvenile detention facility, or ordered to be supervised by a county or circuit Probation Department.
Effective immediately.
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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. Findings. | 5 | | The General Assembly finds that an adequate continuum of | 6 | | care is necessary to better address the needs of juveniles | 7 | | within the court system. | 8 | | The General Assembly finds that the unique partnership of | 9 | | State and local services is needed to provide the right | 10 | | placements, and the right services for justice-involved | 11 | | juveniles. | 12 | | The General Assembly finds that providing information to | 13 | | local probation departments in a timely manner will improve | 14 | | both services and outcomes for juveniles. | 15 | | Therefore, the General Assembly recommends that | 16 | | information to assist juveniles needs to be available while at | 17 | | the same time maintaining its confidentiality.
| 18 | | Section 10. The Juvenile Court Act of 1987 is amended by | 19 | | changing Section 5-901 as follows:
| 20 | | (705 ILCS 405/5-901)
| 21 | | Sec. 5-901. Court file.
| 22 | | (1) The Court file with respect to proceedings under this
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| 1 | | Article shall consist of the petitions, pleadings, victim | 2 | | impact statements,
process,
service of process, orders, writs | 3 | | and docket entries reflecting hearings held
and judgments and | 4 | | decrees entered by the court. The court file shall be
kept | 5 | | separate from other records of the court.
| 6 | | (a) The file, including information identifying the | 7 | | victim or alleged
victim of any sex
offense, shall be | 8 | | disclosed only to the following parties when necessary for
| 9 | | discharge of their official duties:
| 10 | | (i) A judge of the circuit court and members of the | 11 | | staff of the court
designated by the judge;
| 12 | | (ii) Parties to the proceedings and their | 13 | | attorneys;
| 14 | | (iii) Victims and their attorneys, except in cases | 15 | | of multiple victims
of
sex offenses in which case the | 16 | | information identifying the nonrequesting
victims | 17 | | shall be redacted;
| 18 | | (iv) Probation officers, law enforcement officers | 19 | | or prosecutors or
their
staff;
| 20 | | (v) Adult and juvenile Prisoner Review Boards.
| 21 | | (b) The Court file redacted to remove any information | 22 | | identifying the
victim or alleged victim of any sex offense | 23 | | shall be disclosed only to the
following parties when | 24 | | necessary for discharge of their official duties:
| 25 | | (i) Authorized military personnel;
| 26 | | (ii) Persons engaged in bona fide research, with |
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| 1 | | the permission of the
judge of the juvenile court and | 2 | | the chief executive of the agency that prepared
the
| 3 | | particular recording: provided that publication of | 4 | | such research results in no
disclosure of a minor's | 5 | | identity and protects the confidentiality of the
| 6 | | record;
| 7 | | (iii) The Secretary of State to whom the Clerk of | 8 | | the Court shall report
the disposition of all cases, as | 9 | | required in Section 6-204 or Section 6-205.1
of the | 10 | | Illinois
Vehicle Code. However, information reported | 11 | | relative to these offenses shall
be privileged and | 12 | | available only to the Secretary of State, courts, and | 13 | | police
officers;
| 14 | | (iv) The administrator of a bonafide substance | 15 | | abuse student
assistance program with the permission | 16 | | of the presiding judge of the
juvenile court;
| 17 | | (v) Any individual, or any public or private agency | 18 | | or institution,
having
custody of the juvenile under | 19 | | court order or providing educational, medical or
| 20 | | mental health services to the juvenile or a | 21 | | court-approved advocate for the
juvenile or any | 22 | | placement provider or potential placement provider as
| 23 | | determined by the court.
| 24 | | (3) A minor who is the victim or alleged victim in a | 25 | | juvenile proceeding
shall be
provided the same confidentiality | 26 | | regarding disclosure of identity as the
minor who is the |
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| 1 | | subject of record.
Information identifying victims and alleged | 2 | | victims of sex offenses,
shall not be disclosed or open to | 3 | | public inspection under any circumstances.
Nothing in this | 4 | | Section shall prohibit the victim or alleged victim of any sex
| 5 | | offense from voluntarily disclosing his or her identity.
| 6 | | (4) Relevant information, reports and records shall be made | 7 | | available to the
Department of
Juvenile Justice when a juvenile | 8 | | offender has been placed in the custody of the
Department of | 9 | | Juvenile Justice. | 10 | | (4.5) Relevant information, reports and records, held by | 11 | | the Department of Juvenile Justice, including social | 12 | | investigation, psychological and medical records, of any | 13 | | juvenile offender, shall be made available to any county | 14 | | juvenile detention facility or any Illinois Probation | 15 | | Department, where the subject juvenile offender formerly was in | 16 | | the custody of the Department of Juvenile Justice, released to | 17 | | mandatory supervision, released to aftercare, or released to | 18 | | juvenile parole, and is subsequently ordered to be held in a | 19 | | county juvenile detention facility, or ordered to be supervised | 20 | | by a county or circuit Probation Department.
| 21 | | (5) Except as otherwise provided in this subsection (5), | 22 | | juvenile court
records shall not be made available to the | 23 | | general public
but may be inspected by representatives of | 24 | | agencies, associations and news
media or other properly | 25 | | interested persons by general or special order of
the court. | 26 | | The State's Attorney, the minor, his or her parents, guardian |
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| 1 | | and
counsel
shall at all times have the right to examine court | 2 | | files and records.
| 3 | | (a) The
court shall allow the general public to have | 4 | | access to the name, address, and
offense of a minor
who is | 5 | | adjudicated a delinquent minor under this Act under either | 6 | | of the
following circumstances:
| 7 | | (i) The
adjudication of
delinquency was based upon | 8 | | the
minor's
commission of first degree murder, attempt | 9 | | to commit first degree
murder, aggravated criminal | 10 | | sexual assault, or criminal sexual assault; or
| 11 | | (ii) The court has made a finding that the minor | 12 | | was at least 13 years
of
age
at the time the act was | 13 | | committed and the adjudication of delinquency was | 14 | | based
upon the minor's commission of: (A)
an act in | 15 | | furtherance of the commission of a felony as a member | 16 | | of or on
behalf of a criminal street
gang, (B) an act | 17 | | involving the use of a firearm in the commission of a
| 18 | | felony, (C) an act that would be a Class X felony | 19 | | offense
under or
the minor's second or subsequent
Class | 20 | | 2 or greater felony offense under the Cannabis Control | 21 | | Act if committed
by an adult,
(D) an act that would be | 22 | | a second or subsequent offense under Section 402 of
the | 23 | | Illinois Controlled Substances Act if committed by an | 24 | | adult, (E) an act
that would be an offense under | 25 | | Section 401 of the Illinois Controlled
Substances Act | 26 | | if committed by an adult, or (F) an act that would be |
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| 1 | | an offense under the Methamphetamine Control and | 2 | | Community Protection Act if committed by an adult.
| 3 | | (b) The court
shall allow the general public to have | 4 | | access to the name, address, and offense
of a minor who is | 5 | | at least 13 years of age at
the time the offense
is | 6 | | committed and who is convicted, in criminal proceedings
| 7 | | permitted or required under Section 5-805, under either of
| 8 | | the following
circumstances:
| 9 | | (i) The minor has been convicted of first degree | 10 | | murder, attempt
to commit first degree
murder, | 11 | | aggravated criminal sexual
assault, or criminal sexual | 12 | | assault,
| 13 | | (ii) The court has made a finding that the minor | 14 | | was at least 13 years
of age
at the time the offense | 15 | | was committed and the conviction was based upon the
| 16 | | minor's commission of: (A)
an offense in
furtherance of | 17 | | the commission of a felony as a member of or on behalf | 18 | | of a
criminal street gang, (B) an offense
involving the | 19 | | use of a firearm in the commission of a felony, (C)
a | 20 | | Class X felony offense under the Cannabis Control Act | 21 | | or a second or
subsequent Class 2 or
greater felony | 22 | | offense under the Cannabis Control Act, (D) a
second or | 23 | | subsequent offense under Section 402 of the Illinois
| 24 | | Controlled Substances Act, (E) an offense under | 25 | | Section 401 of the Illinois
Controlled Substances Act, | 26 | | or (F) an offense under the Methamphetamine Control and |
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| 1 | | Community Protection Act.
| 2 | | (6) Nothing in this Section shall be construed to limit the | 3 | | use of a
adjudication of delinquency as
evidence in any | 4 | | juvenile or criminal proceeding, where it would otherwise be
| 5 | | admissible under the rules of evidence, including but not | 6 | | limited to, use as
impeachment evidence against any witness, | 7 | | including the minor if he or she
testifies.
| 8 | | (7) Nothing in this Section shall affect the right of a | 9 | | Civil Service
Commission or appointing authority examining the | 10 | | character and fitness of
an applicant for a position as a law | 11 | | enforcement officer to ascertain
whether that applicant was | 12 | | ever adjudicated to be a delinquent minor and,
if so, to | 13 | | examine the records or evidence which were made in
proceedings | 14 | | under this Act.
| 15 | | (8) Following any adjudication of delinquency for a crime | 16 | | which would be
a felony if committed by an adult, or following | 17 | | any adjudication of delinquency
for a violation of Section | 18 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 20 | | whether the minor respondent is enrolled in school and, if so, | 21 | | shall provide
a copy of the sentencing order to the principal | 22 | | or chief administrative
officer of the school. Access to such | 23 | | juvenile records shall be limited
to the principal or chief | 24 | | administrative officer of the school and any guidance
counselor | 25 | | designated by him or her.
| 26 | | (9) Nothing contained in this Act prevents the sharing or
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| 1 | | disclosure of information or records relating or pertaining to | 2 | | juveniles
subject to the provisions of the Serious Habitual | 3 | | Offender Comprehensive
Action Program when that information is | 4 | | used to assist in the early
identification and treatment of | 5 | | habitual juvenile offenders.
| 6 | | (11) The Clerk of the Circuit Court shall report to the | 7 | | Department of
State
Police, in the form and manner required by | 8 | | the Department of State Police, the
final disposition of each | 9 | | minor who has been arrested or taken into custody
before his or | 10 | | her 18th birthday for those offenses required to be reported
| 11 | | under Section 5 of the Criminal Identification Act. Information | 12 | | reported to
the Department under this Section may be maintained | 13 | | with records that the
Department files under Section 2.1 of the | 14 | | Criminal Identification Act.
| 15 | | (12) Information or records may be disclosed to the general | 16 | | public when the
court is conducting hearings under Section | 17 | | 5-805 or 5-810.
| 18 | | (13) The changes made to this Section by Public Act 98-61 | 19 | | apply to juvenile court records of a minor who has been | 20 | | arrested or taken into custody on or after January 1, 2014 (the | 21 | | effective date of Public Act 98-61). | 22 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | 23 | | 98-756, eff. 7-16-14.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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