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90_SB0520
705 ILCS 405/5-35 from Ch. 37, par. 805-35
Amends the Juvenile Court Act of 1987. Provides that a
minor adjudged an Habitual Juvenile Offender on or after the
effective date of the amendatory Act shall not be awarded day
for day good conduct credit but may be awarded up to 90 days
of good conduct credit for meritorious service.
LRB9002476RCks
LRB9002476RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-35.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-35 as follows:
7 (705 ILCS 405/5-35) (from Ch. 37, par. 805-35)
8 Sec. 5-35. Habitual Juvenile Offender.
9 (a) Definition. Any minor having been twice adjudicated
10 a delinquent minor for offenses which, had he been prosecuted
11 as an adult, would have been felonies under the laws of this
12 State, and who is thereafter adjudicated a delinquent minor
13 for a third time shall be adjudged an Habitual Juvenile
14 Offender where:
15 1. the third adjudication is for an offense
16 occurring after adjudication on the second; and
17 2. the second adjudication was for an offense
18 occurring after adjudication on the first; and
19 3. the third offense occurred after January 1,
20 1980; and
21 4. the third offense was based upon the commission
22 of or attempted commission of the following offenses:
23 first degree murder, second degree murder or involuntary
24 manslaughter; criminal sexual assault or aggravated
25 criminal sexual assault; aggravated or heinous battery
26 involving permanent disability or disfigurement or great
27 bodily harm to the victim; burglary of a home or other
28 residence intended for use as a temporary or permanent
29 dwelling place for human beings; home invasion; robbery
30 or armed robbery; or aggravated arson.
31 Nothing in this section shall preclude the State's
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1 Attorney from seeking to prosecute a minor as an adult as an
2 alternative to prosecution as an habitual juvenile offender.
3 A continuance under supervision authorized by Section
4 5-19 of this Act shall not be permitted under this section.
5 (b) Notice to minor. The State shall serve upon the
6 minor written notice of intention to prosecute under the
7 provisions of this Section within 5 judicial days of the
8 filing of any delinquency petition, adjudication upon which
9 would mandate the minor's disposition as an Habitual Juvenile
10 Offender.
11 (c) Petition; service. A notice to seek adjudication as
12 an Habitual Juvenile Offender shall be filed only by the
13 State's Attorney.
14 The petition upon which such Habitual Juvenile Offender
15 notice is based shall contain the information and averments
16 required for all other delinquency petitions filed under this
17 Act and its service shall be according to the provisions of
18 this Act.
19 No prior adjudication shall be alleged in the petition.
20 (d) Trial. Trial on such petition shall be by jury
21 unless the minor demands, in open court and with advice of
22 counsel, a trial by the court without jury.
23 Except as otherwise provided herein, the provisions of
24 this Act concerning delinquency proceedings generally shall
25 be applicable to Habitual Juvenile Offender proceedings.
26 (e) Proof of prior adjudications. No evidence or other
27 disclosure of prior adjudications shall be presented to the
28 court or jury during any adjudicatory hearing provided for
29 under this Section unless otherwise permitted by the issues
30 properly raised in such hearing. In the event the minor who
31 is the subject of these proceedings elects to testify on his
32 own behalf, it shall be competent to introduce evidence, for
33 purposes of impeachment, that he has previously been
34 adjudicated a delinquent minor upon facts which, had he been
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1 tried as an adult, would have resulted in his conviction of a
2 felony or of any offense that involved dishonesty or false
3 statement. Introduction of such evidence shall be according
4 to the rules and procedures applicable to the impeachment of
5 an adult defendant by prior conviction.
6 After an admission of the facts in the petition or
7 adjudication of delinquency, the State's Attorney may file
8 with the court a verified written statement signed by the
9 State's Attorney concerning any prior adjudication of an
10 offense set forth in subsection (a) of this Section which
11 offense would have been a felony or of any offense that
12 involved dishonesty or false statement had the minor been
13 tried as an adult.
14 The court shall then cause the minor to be brought before
15 it; shall inform him of the allegations of the statement so
16 filed, and of his right to a hearing before the court on the
17 issue of such prior adjudication and of his right to counsel
18 at such hearing; and unless the minor admits such
19 adjudication, the court shall hear and determine such issue,
20 and shall make a written finding thereon.
21 A duly authenticated copy of the record of any such
22 alleged prior adjudication shall be prima facie evidence of
23 such prior adjudication or of any offense that involved
24 dishonesty or false statement.
25 Any claim that a previous adjudication offered by the
26 State's Attorney is not a former adjudication of an offense
27 which, had the minor been prosecuted as an adult, would have
28 resulted in his conviction of a felony or of any offense
29 that involved dishonesty or false statement, is waived unless
30 duly raised at the hearing on such adjudication, or unless
31 the State's Attorney's proof shows that such prior
32 adjudication was not based upon proof of what would have been
33 a felony.
34 (f) Disposition. If the court finds that the
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1 prerequisites established in subsection (a) of this Section
2 have been proven, it shall adjudicate the minor an Habitual
3 Juvenile Offender and commit him to the Department of
4 Corrections, Juvenile Division, until his or her 21st
5 birthday, without possibility of parole, furlough, or
6 non-emergency authorized absence. A minor adjudicated an
7 Habitual Juvenile Offender on or after the effective date of
8 this amendatory Act of 1997 However, the minor shall not be
9 entitled to earn one day of good conduct credit for each day
10 served as reductions against the period of his or her
11 confinement. A minor adjudicated an Habitual Juvenile
12 Offender before the effective date of this amendatory Act of
13 1997 shall be entitled to earn one day of good conduct credit
14 for each day served as reductions against the period of his
15 or her confinement. The Assistant Director of Corrections,
16 Juvenile Division, may award a minor adjudicated an Habitual
17 Juvenile Offender on or after the effective date of this
18 amendatory Act of 1997 up to 90 days of good conduct credit
19 for meritorious service in specific instances as the
20 Assistant Director deems proper. The Such good conduct
21 credits shall be earned or revoked according to the
22 procedures applicable to the allowance and revocation of good
23 conduct credit for adult prisoners serving determinate
24 sentences for felonies.
25 For purposes of determining good conduct credit,
26 commitment as an Habitual Juvenile Offender shall be
27 considered a determinate commitment, and the difference
28 between the date of the commitment and the minor's 21st
29 birthday shall be considered the determinate period of his
30 confinement.
31 (Source: P.A. 88-678, eff. 7-1-95.)