Illinois General Assembly - Full Text of HB0133
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Full Text of HB0133  102nd General Assembly

HB0133 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0133

 

Introduced 1/14/2021, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17a-9  from Ch. 23, par. 5017a-9
705 ILCS 405/5-105

    Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission in its annual submission of recommendation to the Governor and General Assembly shall include recommendations regarding the inclusion of emerging adults into a developmentally appropriate justice system, reducing recidivism, and preventing deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides in the Article concerning delinquent minors that on and after January 1, 2022, "delinquent minor" includes a minor who prior to his or her 19th birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law, or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that on and after January 1, 2024, "delinquent minor" includes a minor who prior to his or her 21st birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that the changes made by the amendatory Act apply to violations or attempted violations committed on or after the effective of the amendatory Act.


LRB102 02627 RLC 12630 b

 

 

A BILL FOR

 

HB0133LRB102 02627 RLC 12630 b

1    AN ACT concerning juveniles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by 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
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights,
20powers and duties established in subparagraph (3) of paragraph
21(a) of Section 223 of the Federal "Juvenile Justice and
22Delinquency Prevention Act of 1974", as now or hereafter
23amended. The Commission shall determine the priorities for

 

 

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1expenditure of funds made available to the State by the
2Federal Government pursuant to that Act. The Commission shall
3have 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
996th General Assembly, the Illinois Juvenile Jurisdiction Task
10Force created by Public Act 95-1031 is abolished and its
11duties are transferred to the Illinois Juvenile Justice
12Commission as provided in paragraph (6) of subsection (a) of
13this Section.
14(Source: P.A. 96-1199, eff. 1-1-11.)
 
15    Section 10. The Juvenile Court Act of 1987 is amended by
16changing 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, 2022, "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 classified
26    as a misdemeanor offense. On and after January 1, 2024,

 

 

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1    "delinquent minor" includes a minor who prior to his or
2    her 21st birthday has violated or attempted to violate,
3    regardless of where the act occurred, a federal law or
4    State law or county or municipal ordinance and the law or
5    ordinance is classified as a misdemeanor offense. The
6    changes made by this amendatory Act of the 102nd General
7    Assembly apply to violations or attempted violations
8    committed on or after the effective of this amendatory Act
9    of the 102nd General Assembly.
10        (4) "Department" means the Department of Human
11    Services unless specifically referenced as another
12    department.
13        (5) "Detention" means the temporary care of a minor
14    who is alleged to be or has been adjudicated delinquent
15    and who requires secure custody for the minor's own
16    protection or the community's protection in a facility
17    designed to physically restrict the minor's movements,
18    pending disposition by the court or execution of an order
19    of the court for placement or commitment. Design features
20    that physically restrict movement include, but are not
21    limited to, locked rooms and the secure handcuffing of a
22    minor to a rail or other stationary object. In addition,
23    "detention" includes the court ordered care of an alleged
24    or adjudicated delinquent minor who requires secure
25    custody pursuant to Section 5-125 of this Act.
26        (6) "Diversion" means the referral of a juvenile,

 

 

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1    without court intervention, into a program that provides
2    services designed to educate the juvenile and develop a
3    productive and responsible approach to living in the
4    community.
5        (7) "Juvenile detention home" means a public facility
6    with specially trained staff that conforms to the county
7    juvenile detention standards adopted by the Department of
8    Juvenile Justice.
9        (8) "Juvenile justice continuum" means a set of
10    delinquency prevention programs and services designed for
11    the purpose of preventing or reducing delinquent acts,
12    including criminal activity by youth gangs, as well as
13    intervention, rehabilitation, and prevention services
14    targeted at minors who have committed delinquent acts, and
15    minors who have previously been committed to residential
16    treatment programs for delinquents. The term includes
17    children-in-need-of-services and
18    families-in-need-of-services programs; aftercare and
19    reentry services; substance abuse and mental health
20    programs; community service programs; community service
21    work programs; and alternative-dispute resolution programs
22    serving youth-at-risk of delinquency and their families,
23    whether offered or delivered by State or local
24    governmental entities, public or private for-profit or
25    not-for-profit organizations, or religious or charitable
26    organizations. This term would also encompass any program

 

 

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1    or service consistent with the purpose of those programs
2    and services enumerated in this subsection.
3        (9) "Juvenile police officer" means a sworn police
4    officer who has completed a Basic Recruit Training Course,
5    has been assigned to the position of juvenile police
6    officer by his or her chief law enforcement officer and
7    has completed the necessary juvenile officers training as
8    prescribed by the Illinois Law Enforcement Training
9    Standards Board, or in the case of a State police officer,
10    juvenile officer training approved by the Director of
11    State Police.
12        (10) "Minor" means a person under the age of 21 years
13    subject to this Act.
14        (11) "Non-secure custody" means confinement where the
15    minor is not physically restricted by being placed in a
16    locked cell or room, by being handcuffed to a rail or other
17    stationary object, or by other means. Non-secure custody
18    may include, but is not limited to, electronic monitoring,
19    foster home placement, home confinement, group home
20    placement, or physical restriction of movement or activity
21    solely through facility staff.
22        (12) "Public or community service" means uncompensated
23    labor for a not-for-profit organization or public body
24    whose purpose is to enhance physical or mental stability
25    of the offender, environmental quality or the social
26    welfare and which agrees to accept public or community

 

 

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1    service from offenders and to report on the progress of
2    the offender and the public or community service to the
3    court or to the authorized diversion program that has
4    referred the offender for public or community service.
5    "Public or community service" does not include blood
6    donation or assignment to labor at a blood bank. For the
7    purposes of this Act, "blood bank" has the meaning
8    ascribed to the term in Section 2-124 of the Illinois
9    Clinical Laboratory and Blood Bank Act.
10        (13) "Sentencing hearing" means a hearing to determine
11    whether a minor should be adjudged a ward of the court, and
12    to determine what sentence should be imposed on the minor.
13    It is the intent of the General Assembly that the term
14    "sentencing hearing" replace the term "dispositional
15    hearing" and be synonymous with that definition as it was
16    used in the Juvenile Court Act of 1987.
17        (14) "Shelter" means the temporary care of a minor in
18    physically unrestricting facilities pending court
19    disposition or execution of court order for placement.
20        (15) "Site" means a not-for-profit organization,
21    public body, church, charitable organization, or
22    individual agreeing to accept community service from
23    offenders and to report on the progress of ordered or
24    required public or community service to the court or to
25    the authorized diversion program that has referred the
26    offender for public or community service.

 

 

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1        (16) "Station adjustment" means the informal or formal
2    handling of an alleged offender by a juvenile police
3    officer.
4        (17) "Trial" means a hearing to determine whether the
5    allegations of a petition under Section 5-520 that a minor
6    is delinquent are proved beyond a reasonable doubt. It is
7    the intent of the General Assembly that the term "trial"
8    replace the term "adjudicatory hearing" and be synonymous
9    with that definition as it was used in the Juvenile Court
10    Act of 1987.
11    The changes made to this Section by Public Act 98-61 apply
12to violations or attempted violations committed on or after
13January 1, 2014 (the effective date of Public Act 98-61).
14(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
15eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
16eff. 7-20-15.)