Bill Amendment: IL SB3942 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: JUV CT-YOUTH RELEASE

Status: 2026-08-07 - Public Act . . . . . . . . . 104-0830 [SB3942 Detail]

Download: Illinois-2025-SB3942-House_Amendment_001.html

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Rep. Justin Slaughter

Filed: 5/27/2026

 

 

 

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AMENDMENT TO SENATE BILL 3942
AMENDMENT NO. ______. Amend Senate Bill 3942 on page 1, by
replacing lines 4 and 5 with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-745 and 5-750 and by adding Part 5A to
Article V as follows:"; and
on page 17, immediately below line 5, by inserting the
following:
"(705 ILCS 405/Art. V Pt. 5A heading new)
PART 5A. FITNESS TO STAND TRIAL
(705 ILCS 405/5-551 new)
Sec. 5-551. Purpose. This Part recognizes that minors are
substantially different from adults and, therefore, creates
procedures to establish fitness to stand trial that

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accommodate these differences. Currently, in Illinois, minors
of any age can be arrested, charged, and prosecuted. This
approach is inconsistent with developmental science, which
overwhelmingly finds that minors are limited in their ability
to understand the consequences of their actions, to manage
impulses and peer influence, and to plan for the future.
Modern neuroscience explains both limitations on culpability
for minors, defined as an individual's blameworthiness or
responsibility for a criminal action, and limitations on the
ability to assist with and make critical decisions regarding
one's own legal defense. Accordingly, prosecutors, defense
counsel, and courts must carefully consider chronological
immaturity, relative immaturity, and the impact of trauma, as
well as other relevant factors, in considering the fitness of
a minor to be tried, adjudicated or convicted, and sentenced.
These factors should be given significant weight when
determining the fitness of a minor under the age of 14.
This Part is intended to support minors through practices
that are trauma-informed and that protect a minor's rights and
dignity; questions of interpretation shall be resolved in line
with these practices. This Part recognizes that the ability to
understand charges and to participate meaningfully in one's
own defense evolves gradually throughout childhood and early
adulthood and that each minor shall receive developmentally
appropriate responses that reflect the best understanding of
the minor's current abilities.

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(705 ILCS 405/5-552 new)
Sec. 5-552. Definitions. As used in this Part:
"Child traumatic stress" means exposure to one or more
traumatic events over the course of a minor's life that
results in the minor developing reactions that persist and
interfere with the minor's functional, social, adaptive, or
intellectual ability.
"Chronological immaturity" means a lack of functional,
social, adaptive, or intellectual ability due to chronological
age.
"Developmental disability" means a disability that is
attributable to an intellectual disability, cerebral palsy,
epilepsy, autism, a learning disability, or any other
condition that results in impaired functional, social,
adaptive, or intellectual ability.
"Mental illness" means a mental or emotional disorder that
substantially impairs a person's thought, perception of
reality, emotional process, judgment, behavior, or ability to
cope with the ordinary demands of life.
"Minor" means a person under the age of 21 who was under
the age of 18 at the time of the alleged offense initiating the
petition or charge.
"Relative immaturity" means a lack of functional, social,
adaptive, or intellectual ability when a minor is compared to
other minors of the same chronological age.

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"Substance use disorder" has the meaning given to that
term in Section 1-10 of the Substance Use Disorder Act.
(705 ILCS 405/5-553 new)
Sec. 5-553. Unfitness standard.
(a) A minor is unfit when the minor:
(1) lacks sufficient present ability to consult with
the minor's attorney with a reasonable degree of rational
understanding, as evidenced by deficits in the ability to
disclose to the attorney facts pertinent to the
proceedings at issue and to assist in the minor's defense;
or
(2) has deficits in the ability to understand the
proceedings against the minor, as demonstrated by, but not
limited to, one or more of the following:
(A) deficits in the ability to identify who the
participants are and understand their roles, including
the judge, the minor's attorney, the State's Attorney,
or a qualified expert;
(B) deficits in the ability to appreciate the
range of possible dispositions that may be imposed in
the proceedings and how those dispositions will affect
the minor; or
(C) deficits in the ability to use the factual
understandings and factors in subparagraphs (A) and
(B) of this paragraph to make rational decisions and

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display appropriate courtroom behavior.
(b) The presence of any condition or confluence of
conditions, including, but not limited to, physical
conditions, mental illness, developmental disability,
chronological immaturity, relative immaturity, or child
traumatic stress may be considered in determining whether the
minor meets the unfitness standard. Substance use disorder may
also be considered as a co-occurring issue.
(c) A diagnosis is not required for a finding of
unfitness.
(705 ILCS 405/5-554 new)
Sec. 5-554. Raising the issue of unfitness.
(a) The issue of the minor's fitness to stand trial, to
plead, or to be sentenced may be raised by the minor's
attorney, the State, or the court at any time before a plea is
entered or before, during, or after trial. If the issue of
fitness is raised by the State, the State has the burden of
proving a bona fide doubt of the minor's fitness has been
raised. If the issue of fitness is raised by the minor's
attorney, that attorney has the burden of proving a bona fide
doubt of the minor's fitness has been raised. When a bona fide
doubt of the minor's fitness is raised, the court shall order a
determination of the issue of fitness before proceeding
further.
(b) Upon request of the minor's attorney that a qualified

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expert be appointed to examine the minor to determine prior to
trial or adjudicatory hearing if a bona fide doubt as to a
minor's fitness to stand trial or plead may be raised, the
court shall order an appropriate examination. However, no
order entered pursuant to this subsection shall prevent
further proceedings in the case. An expert so appointed shall
examine the minor and make a report as provided in Section
5-556. The report shall be tendered only to the minor's
attorney. If the minor's attorney raises the issue of fitness
based on the report, the report shall be provided to the court
and the State. If the court finds a bona fide doubt of fitness
has been raised under this subsection, the matter shall
proceed to a hearing under Section 5-563 before proceeding
further. Upon the filing with the court of a verified
statement of services rendered, the court shall order the
county board to pay the expert a reasonable fee stated in the
order.
(c) Nothing in this Section operates to extinguish any
rights of a minor established by the attorney-client
privilege.
(d) In all proceedings under this Act, the juvenile court
shall apply the fitness standards as set forth in this Part.
When a minor is being prosecuted under the criminal laws of
this State, the criminal court shall apply the fitness
standards in this Part.

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(705 ILCS 405/5-555 new)
Sec. 5-555. Burdens and presumptions. In making
determinations concerning a minor's fitness, all the following
burdens of proof and presumptions shall apply:
(1) A minor is presumed to be fit to stand trial or to
plead and be sentenced. A minor may be found unfit based on
the unfitness standard set forth in Section 5-553.
(2) Except as set forth in paragraph (3), when the
court finds a bona fide doubt as to the fitness of a minor
under Section 5-554, the State bears the burden of proving
that the minor is fit by a preponderance of the evidence.
(3) When the court finds a bona fide doubt as to the
fitness of a minor under the age of 14 under Section 5-554,
the State bears the burden of proving that the minor is fit
by clear and convincing evidence.
(4) A minor who is receiving medication shall not be
presumed to be fit or unfit to stand trial solely by virtue
of the receipt of that medication.
(705 ILCS 405/5-556 new)
Sec. 5-556. Fitness evaluation. When the court orders a
fitness evaluation under subsection (b) of Section 5-554 or
the raising of a bona fide doubt of fitness, the court must
appoint one or more qualified experts under Section 5-558.
Each expert shall evaluate whether the minor is fit and submit
a report of the expert's findings to the court under Section

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5-562. No expert employed or contracted by the Department of
Human Services shall be ordered to perform, in the expert's
official capacity, an initial fitness examination under this
Section. Upon request of the minor's attorney, the court may
permit the minor's attorney to be present at the evaluation.
(705 ILCS 405/5-557 new)
Sec. 5-557. Location of evaluation. A fitness evaluation
must be conducted in the least restrictive environment for the
minor. The evaluation must be conducted in person whenever
possible. Video technology for a remote evaluation may be used
only as a last resort. If video technology is used, it must be
a secure platform. No facility of the Department of Human
Services shall be used for this purpose.
(705 ILCS 405/5-558 new)
Sec. 5-558. Qualification of experts. An expert evaluating
the minor under Section 5-556 or Section 5-573 must either be a
licensed clinical psychologist or psychiatrist with training
and experience in forensics, child development, and child
trauma.
(705 ILCS 405/5-559 new)
Sec. 5-559. Timeline for evaluation. The fitness
evaluation and report written under Section 5-562 must be
completed within 30 days of a court order entered pursuant to

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subsection (b) of Section 5-554 or a bona fide doubt is raised
under subsection (a) of Section 5-554. The time for completion
of the fitness evaluation may be extended an additional 30
days for good cause shown.
(705 ILCS 405/5-560 new)
Sec. 5-560. Statements made during evaluation. No
statement made by the minor during the evaluation conducted
under Section 5-556 shall be used against the minor in the
current court proceedings or in any future proceedings unless
the minor raises the defense of insanity or the defense of
intoxicated or drugged condition. No statement made by the
minor relating to the alleged offense or other offenses shall
be included in the report required under Section 5-562. The
court must advise the minor before the evaluation takes place
that no statement made during the evaluation shall be used
against the minor.
(705 ILCS 405/5-561 new)
Sec. 5-561. Recordings of evaluations and privacy.
(a) An evaluation of the minor conducted under Section
5-556 shall be video recorded.
(b) Subject to subsection (b) of Section 5-554, the video
recording of a fitness evaluation is confidential and may be
viewed only by the court, the expert conducting the evaluation
defined in Section 5-556, the minor's attorney, the State, and

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any other expert in the proceedings deemed necessary by the
court and under Section 5-910.
(705 ILCS 405/5-562 new)
Sec. 5-562. Contents of evaluation report.
(a) Subject to subsection (b) of Section 5-554, when an
evaluation is conducted under Section 5-556, the appointed
expert must submit a written report of the findings to the
court. The evaluation report must detail the methods and tools
used during the evaluation and be made in writing.
(b) The evaluation report shall address the minor's
capacity and ability to:
(1) appreciate the allegations of the petition;
(2) appreciate the nature of the adversarial process,
including:
(A) having a factual understanding of the
participants in the minor's proceeding, including the
judge, defense counsel, prosecutor, witnesses, and
mental health expert; and
(B) having a rational understanding of the role of
each participant in the proceeding;
(3) appreciate the range of possible dispositions that
may be imposed in the proceedings and how these will
affect the minor;
(4) disclose to counsel facts pertinent to the
proceedings at issue, including:

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(A) the ability to articulate thoughts;
(B) the ability to articulate emotions;
(C) the ability to accurately and reliably relate
a sequence of events;
(5) display logical and autonomous decision-making;
(6) display appropriate courtroom behavior;
(7) testify relevantly at the proceedings; and
(8) demonstrate any other capacity or ability either
separately identified by the court or determined by the
examiner to be relevant to the court's determination.
(c) In assessing the minor's fitness, the expert shall
compare the minor being examined to juvenile norms that are
broadly defined as those skills typically possessed by a minor
of average intelligence and maturity.
(d) The expert shall determine and report if the minor
suffers from mental illness, substance use disorder,
developmental disability, chronological immaturity, or
relative immaturity.
(e) If the minor suffers from mental illness,
developmental disability, chronological immaturity, or
relative immaturity, the expert shall report the severity of
the impairment and its potential effect on the minor's fitness
to proceed.
(f) If the expert determines that the minor suffers from
chronological immaturity or relative immaturity, the expert
shall report a comparison of the minor to a minor of average

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intelligence and maturity.
(g) If the expert determines that the minor suffers from a
mental illness, the expert shall provide the following
information:
(1) the prognosis of the mental illness; and
(2) whether the minor is taking any medication and, if
so, what medication.
(h) The report shall include:
(1) whether the expert, based on the evaluation and in
the expert's professional judgment, believes the minor is
fit;
(2) if the expert believes the minor is unfit, whether
there is a substantial probability that the minor will
attain fitness within the statutory period to attain
fitness;
(3) if the expert believes the minor is unfit, an
assessment of the minor's risk and mediating supportive
factors to guide placement and recommendations for
treatment, which shall include:
(A) services that would help the minor attain
fitness;
(B) the most appropriate placement for treatment
considering the results of the risk assessment,
mediating supportive factors, and the least
restrictive alternative for placement, either on an
inpatient or outpatient basis; and

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(C) if the evaluator recommends treatment on an
inpatient basis, a clearly articulated basis for such,
including but not limited to: severity of psychiatric
symptoms, risk of harm to self or others related to the
severity of psychiatric symptoms, need for structured,
trauma-informed care to stabilize symptoms, prior lack
of compliance with treatment on an outpatient basis,
lack of a stable supportive parent or guardian in the
community, or other relevant data that would support
why fitness restoration could not be conducted safely;
(4) opinions on:
(A) the likelihood of the success of services
recommended; and
(B) the length of time anticipated to attain
fitness.
(i) If the report indicates that the minor is not fit to
stand trial or plead because of a disability, the report shall
include an opinion as to the likelihood of the minor attaining
fitness within a period of time from the date of the finding of
unfitness if provided with a course of treatment.
(705 ILCS 405/5-563 new)
Sec. 5-563. Hearing to determine fitness.
(a) After a bona fide doubt of fitness has been raised and
an evaluation conducted, the court shall conduct a hearing to
determine the issue of the minor's fitness within 30 days of

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receipt of the evaluation report described in Section 5-562,
unless the timeline is waived by the minor's attorney or good
cause is shown.
(b) The minor has the right to be present at every hearing
on the issue of the minor's fitness.
(c) On the basis of the evidence before it, the court must
determine whether the minor is unfit to stand trial pursuant
to Section 5-553. If the court finds that the minor is unfit,
the court shall determine:
(1) whether in-court assistance under Section 5-569
would render the minor fit; and
(2) whether there is a substantial probability that
the minor, if provided with services to attain fitness
under Section 5-564, will attain fitness within the period
to attain fitness set forth in Section 5-566.
(d) If the court finds that the minor is unfit and there is
not a substantial probability the minor will attain fitness
within the statutory period as set forth in Section 5-566, the
court shall proceed under subsection (d) of Section 5-566.
(e) If the court finds the minor is unfit but that there is
a substantial probability that the minor will become fit
within the period to attain fitness set forth in Section
5-566, or if the court is unable to determine whether a
substantial probability exists, the court shall order the
minor to receive services to attain fitness on either an
inpatient or outpatient basis. If the court is unable to

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determine whether a substantial probability exists and orders
the minor to receive services to attain fitness, the court
shall conduct a hearing as soon as possible following the
receipt of the report filed under Section 5-567 to determine
whether there is a substantial probability that the minor will
attain fitness within the statutory period.
(f) If the court finds that the minor is unfit to stand
trial, it shall proceed under this Act. If the court finds that
the minor could be rendered fit with in-court assistance, the
court shall order in-court assistance pursuant to Section
5-569.
(g) An order finding the minor unfit to stand trial is a
final order for purposes of appeal by the State or the minor.
(705 ILCS 405/5-564 new)
Sec. 5-564. Services to attain fitness.
(a) When the court orders services to attain fitness under
Section 5-563, the court shall determine if the minor will
receive services on an inpatient or outpatient basis. If
inpatient, the minor shall be placed at a facility designated
by the Department of Human Services to provide restoration
care and treatment. Inpatient placement may be ordered only if
the minor is found unfit due to a mental illness or
developmental disability and exhibits clinical needs
warranting a hospital level of care. If the court orders the
minor to receive services on an outpatient basis, the services

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shall be rendered in the community. If the minor is found unfit
due to mental illness or developmental disability, the
outpatient placement may be at a program designated by the
Department of Human Services to provide restoration care and
treatment. Court-ordered services and placements shall
consider the recommendations in the evaluation report. All
services shall, to the extent practical, be trauma-informed,
developmentally appropriate, and provided in the least
restrictive environment considering the needs and best
interests of the minor.
(b) Minors 18 years of age or older at the time services
are ordered may be treated as adults for the purposes of
placement and service delivery.
(c) Within 5 days of a court order for services to attain
fitness entered under Section 5-563, the clerk of the circuit
court shall transmit to the Department of Human Services, as
well as any other agency or institution providing services to
attain fitness to the minor, the following:
(1) a certified copy of the order to receive services
and the complete copy of any report on the minor's fitness
prepared under this Part;
(2) the county and municipality in which the alleged
offense occurred;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, charges, and arrest

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record; and
(5) all additional matters that the court directs the
clerk to transmit.
(705 ILCS 405/5-565 new)
Sec. 5-565. Pretrial motions. Following a finding of
unfitness, the court may hear and rule on any pretrial motion
or motions if the minor's presence is not essential to a fair
determination of the issues. A motion may be reheard upon a
showing that evidence is available which was not available,
due to the minor's unfitness, when the motion was first
decided.
(705 ILCS 405/5-566 new)
Sec. 5-566. Period to attain fitness.
(a) For a minor charged with a felony, the maximum total
time a court may order a minor to receive services to attain
fitness shall be one year.
(b) For a minor charged with a misdemeanor, the maximum
total period a court may order a minor to receive services to
attain fitness shall be no longer than the length of the
sentence that could be imposed if the minor were adjudicated
delinquent or found guilty of the misdemeanor offense for
which the minor was charged, or one year, whichever is
shorter.
(c) The period to attain fitness shall begin with the

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court's first finding of unfitness during a fitness hearing
under Section 5-563.
(d) If the minor cannot attain fitness to stand trial and
the court determines that the minor cannot be rendered fit
with in-court assistance pursuant to Section 5-569, then the
case shall proceed in the following manner:
(1) Upon the determination that there is not a
substantial probability that the minor will attain fitness
within the time period set forth in this Section, the
court shall hold a juvenile discharge hearing within 60
days, unless good cause is shown for the delay.
(2) If at any time the court determines that there is
not a substantial probability that the minor will become
fit to stand trial or to plead within the time period set
forth in this Section, or if at the end of the time period
set forth in this Section the court finds the minor still
unfit and cannot be rendered fit with in-court assistance
pursuant to Section 5-569, the State shall request the
court:
(A) to set the matter for hearing pursuant to
Section 5-573 unless a hearing has already been held
pursuant to paragraph (1) of this subsection; or
(B) to release the minor from custody and to
dismiss with prejudice the charges against the minor;
or
(C) to order a hearing to be conducted pursuant to

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the provisions of the Mental Health and Developmental
Disabilities Code. Placement, if appropriate, shall be
based on the minor's eligibility under the Code and
the availability of services consistent with the
minor's age and clinical needs. Any petitions or
certificates required under that Code shall be
prepared and filed in accordance with its provisions.
If the minor is committed pursuant to such hearing,
the court having jurisdiction over the criminal matter
shall dismiss the charges against the minor, with
leave to reinstate. In such cases, the facility or
entity responsible for the minor's treatment shall
notify the court, the State's Attorney, and the
minor's attorney upon the discharge of the minor. A
former minor so committed shall be treated in the same
manner as any other civilly committed patient for all
purposes, including admission, selection of the place
of treatment and the treatment modalities, entitlement
to rights and privileges, transfer, and discharge. A
minor who is not committed shall be remanded to the
court having jurisdiction of the criminal matter for
disposition pursuant to subparagraph (A) or (B) of
paragraph (2) of this subsection.
(3) If the minor is restored to fitness and the
original charges against the minor are reinstated, the
speedy trial provisions of Section 5-601 shall commence to

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run.
(705 ILCS 405/5-567 new)
Sec. 5-567. Initial and subsequent progress reports.
(a) Within 30 days of entry of an order to receive services
to attain fitness under Sections 5-564 and 5-566, the person
in charge of supervising the minor's services shall file with
the court an initial report assessing the program's capacity
to provide appropriate services for the minor and indicating
the person's opinion as to the probability of the minor
attaining fitness within the period to attain fitness provided
in Section 5-566. If the initial report indicates that there
is a substantial probability that the minor will attain
fitness within the allowed statutory period, the supervisor
shall also file a services plan, which shall include:
(1) a description of the goals of services with
respect to rendering the minor fit, a specification of the
proposed modalities of services, and an estimated
timetable for attainment of the goals; and
(2) an identification of the person in charge of
supervising the minor's services.
(b) The supervisor shall submit a subsequent written
progress report to the court at least 7 days before the date of
any hearing on the issue of the minor's fitness.
(c) The supervisor shall notify the court in writing as
soon as possible but no later than 7 days after a determination

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is made if the supervisor determines that:
(1) the minor has attained fitness;
(2) there is not a substantial probability the minor
will attain fitness, with services, within the period to
attain fitness under Section 5-566; or
(3) a change in services or placement is necessary.
(d) The initial and subsequent progress reports shall
contain:
(1) the clinical findings of the supervisor and the
facts upon which the findings are based;
(2) the opinion of the supervisor as to whether the
minor has attained fitness and as to whether the minor is
making progress, with services, toward attaining fitness
within the period set in Section 5-566;
(3) a description of whether the current services to
attain fitness and placement continue to be in the least
restrictive environment necessary, whether a different
level of care is needed, and the basis for that
recommendation; and
(4) any other changes in recommendations of services
to attain fitness.
(e) If the supervisor of the minor's services determines,
under paragraph (3) of subsection (d) of this Section, that
the minor is not in the least restrictive environment
necessary to attain fitness, upon receipt of the progress
report, the court shall ensure that the minor is immediately

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moved to the least restrictive environment necessary.
(705 ILCS 405/5-568 new)
Sec. 5-568. Periodic hearings. Upon entry or continuation
of any order to receive services to attain fitness, the court
shall set a date for hearing to reexamine the issue of the
minor's fitness not more than 90 days thereafter. In addition,
whenever the court receives a report from the supervisor of
the minor's services under subsection (c) of Section 5-567,
the court shall set the matter for a hearing within 14 days
unless good cause is demonstrated why the hearing cannot be
held. On the date set, the court shall conduct a hearing to
redetermine the minor's fitness under Section 5-563.
(705 ILCS 405/5-569 new)
Sec. 5-569. In-court assistance to render a minor fit.
(a) If the court determines that the minor could be
rendered fit with in-court assistance under Section 5-563, the
court shall order in-court assistance under subsection (b). A
minor found unfit because of chronological immaturity cannot
be rendered fit with in-court assistance. A minor found unfit
because of relative immaturity or child traumatic stress
cannot be rendered fit solely with in-court assistance.
(b) In-court assistance may include, but is not limited
to:
(1) appointment of a qualified translator who shall

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simultaneously translate all court proceedings into a
language understood by the minor; and
(2) appointment of an expert qualified to assist a
minor who, because of a disability, is unable to
communicate with the minor's attorney.
(c) If in-court assistance is provided, the case may
proceed to trial only if the court determines that in-court
assistance renders the minor fit. In such cases, the court
shall state for the record the following:
(1) the qualifications and experience of the experts
or other persons appointed to provide in-court assistance
to the minor;
(2) the court's reasons for selecting or appointing
the particular experts or other persons to provide the
in-court assistance to the minor;
(3) how the appointment of the particular expert or
other persons will serve the goal of rendering the minor
fit, based on the appointee's qualifications and
experience, and the lack of functional, social, adaptive,
or intellectual abilities of the minor; and
(4) any other factors considered by the court in
appointing the experts or other persons.
(d) A minor adjudicated delinquent or found guilty
following a trial conducted with in-court assistance provided
under this Section shall not be sentenced before a written
report of social investigation is presented to and considered

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by the court. The written report of social investigation shall
be prepared under Section 5-701 or the presentence report
prepared pursuant to Section 5-3-2 of the Unified Code of
Corrections and shall include a physical and mental
examination unless the court finds that the reports of prior
physical and mental examinations conducted under this Part are
adequate and recent enough to render additional examinations
unnecessary.
(705 ILCS 405/5-570 new)
Sec. 5-570. Time credit. A sentence imposed on the minor
in the pending case or in any other case arising out of the
same conduct shall be reduced by time spent in:
(1) custody under orders issued under Section 5-564 or
under a commitment to the Department of Human Services
following a finding of unfitness under this Part;
(2) any court-ordered out-of-home placement,
including, but not limited to, a detention facility,
rehabilitation center, or inpatient hospital; or
(3) home detention or electronic monitoring pursuant
to Section 5-7A-110.
(705 ILCS 405/5-571 new)
Sec. 5-571. Court organization of records. Any report
filed with the court concerning diagnosis, evaluation,
progress, or services made under this Part shall not be placed

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in the minor's court record but shall be maintained separately
by the clerk of the court and shall be available only to the
court or an appellate court, the State, the minor, the minor's
attorney, the minor's parent or guardian, or a facility or
program that provides services to the minor under an order of
the court. These records of the minor shall be privileged and
shall not be disclosed except under the conditions set forth
in Section 5-910. Nothing in this Section operates to
extinguish any rights of a minor established by law,
including, but not limited to: attorney-client,
physician-patient, psychologist-client, or social
worker-client privilege, except as otherwise provided by law.
(705 ILCS 405/5-572 new)
Sec. 5-572. Sentencing guidelines for a minor who attains
fitness. The court shall not impose a commitment to the
Department of Juvenile Justice or the Department of
Corrections upon the minor if the court believes that, because
of the minor's condition, such a sentence would not be in the
interests of society and the minor or would subject the minor
to excessive hardship. In addition to any other conditions of
a sentence of conditional discharge or probation, the court
may require that the minor receive additional services for the
minor's condition.
(705 ILCS 405/5-573 new)

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Sec. 5-573. Juvenile discharge hearing.
(a) As provided for in paragraph (1) of subsection (d) of
Section 5-566 and subparagraph (A) of paragraph (2) of
subsection (d) of Section 5-566, a hearing to determine the
sufficiency of the evidence shall be held. Such hearing shall
be conducted by the court without a jury. The State and the
minor's attorney may introduce evidence relevant to the
question of the minor's guilt of the crime charged.
The court may admit hearsay or affidavit evidence on
secondary matters, such as testimony to establish the chain of
possession of physical evidence, laboratory reports,
authentication of transcripts taken by official reporters,
court and business records, and public documents.
(b) If the evidence does not prove the minor guilty beyond
a reasonable doubt, the court shall enter a judgment of
acquittal; however, nothing shall prevent the State from
requesting the court to commit the minor under the provisions
of the Mental Health and Developmental Disabilities Code.
(c) If the minor is found not guilty by reason of insanity,
the court shall enter a judgment of acquittal and the
proceedings after acquittal by reason of insanity under
Section 5-2-4 of the Unified Code of Corrections shall apply.
(d) If the juvenile discharge hearing does not result in
an acquittal of the charge, the minor may be remanded for
further treatment, and the one-year time limit set forth in
Section 5-566 shall be extended as follows:

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(1) If the most serious charge upon which the State
sustained its burden of proof was a Class 1 or Class X
felony, the treatment period may be extended up to a
maximum treatment period of 2 years; if a Class 2, 3, or 4
felony, the treatment period may be extended up to a
maximum of 15 months;
(2) If the State sustained its burden of proof on a
charge of first degree murder, the treatment period may be
extended up to a maximum treatment period of 5 years.
(e) Transcripts of testimony taken at a juvenile discharge
hearing may be admitted in evidence at a subsequent trial of
the case, subject to the rules of evidence, if the witness who
gave such testimony is legally unavailable at the time of
subsequent trial.
(f) If the court fails to enter an order of acquittal, the
minor's attorney may appeal from the judgment in the same
manner provided for an appeal from a conviction in a criminal
case or final judgments in delinquent minor proceedings
arising under this Act.
(g) At the expiration of an extended period of treatment
ordered pursuant to this Section:
(1) Upon a finding that the minor is fit or can be
rendered fit consistent with Section 5-569, the court may
proceed with trial.
(2) If the minor continues to be unfit to stand trial,
the court shall determine whether the minor is subject to

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involuntary admission under the Mental Health and
Developmental Disabilities Code or constitutes a serious
threat to the public safety. If so found, the court may
order the minor to receive treatment in an appropriate
setting consistent with the minor's eligibility under the
Code and the minor's age, clinical needs, and the
availability of services. The minor shall be treated in
the same manner as a civilly committed patient for all
purposes, except that the original court having
jurisdiction over the minor shall be required to approve
any conditional release or discharge of the minor, for the
period of commitment equal to the maximum sentence to
which the minor would have been subject had the minor been
convicted in a criminal proceeding or the maximum sentence
available for those subject to the exclusive jurisdiction
of this Act. During this period of commitment, the
original court having jurisdiction over the minor shall
hold hearings under clause (i) of this paragraph (2).
However, if the minor is remanded to the Department of
Human Services, the minor shall be placed in a secure
setting unless the court determines that there are
compelling reasons why such a placement is not necessary.
If the minor does not have a current treatment plan,
then within 3 days of admission under this paragraph
(g)(2), a treatment plan shall be prepared for each minor
and entered into the minor's record. The plan shall

10400SB3942ham001 - 29 - LRB104 18091 RLC 38301 a
include (i) an assessment of the minor's treatment needs,
(ii) a description of the services recommended for
treatment, (iii) the goals of each element of service,
(iv) an anticipated timetable for the accomplishment of
the goals, and (v) a designation of the qualified
professional responsible for the implementation of the
plan. The plan shall be reviewed and updated as the
clinical condition warrants, but not less than every 30
days.
Every 90 days after the initial admission under this
paragraph (g)(2), the facility director shall file a typed
treatment plan report with the original court having
jurisdiction over the minor. The report shall include an
opinion as to whether the minor is fit to stand trial and
whether the minor is currently subject to involuntary
admission, in need of mental health services on an
inpatient basis, or in need of mental health services on
an outpatient basis. The report shall also summarize the
basis for those findings and provide a current summary of
the 5 items required in a treatment plan. A copy of the
report shall be forwarded to the clerk of the court, the
State's Attorney, and the minor's attorney.
The court, on its own motion, may order a hearing to
review the treatment plan. The minor, the minor's
attorney, or the State's Attorney may request a treatment
plan review every 90 days, and the court shall review the

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current treatment plan to determine whether the plan
complies with the requirements of this Section. The court
may order an independent examination on its own initiative
and shall order such an evaluation if either the recipient
or the State's Attorney so requests and has demonstrated
to the court that the plan cannot be effectively reviewed
by the court without such an examination. Under no
circumstances shall the court be required to order an
independent examination pursuant to this Section more than
once each year. The examination shall be conducted by an
expert as defined in Section 5-558 who is not in the employ
of the Department of Human Services.
If, during the period within which the minor is
confined in a secure setting, the court enters an order
that requires the minor to appear, the court shall timely
transmit a copy of the order or writ to the director of the
particular Department of Human Services facility where the
minor resides authorizing the transportation of the minor
to the court for the purpose of the hearing.
(A) Within 180 days after a minor is remanded to
the Department of Human Services under this paragraph
(2) and every 180 days thereafter for so long as the
minor is confined under the order, the court shall set
a hearing and shall direct that notice of the time and
place of the hearing be served upon the minor, the
facility director, the State's Attorney, and the

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minor's attorney. If requested by either the State,
the minor, or the minor's attorney or if the court
determines that it is appropriate, an impartial
examination of the minor by an expert as defined in
Section 5-558 who is not in the employ of the
Department of Human Services shall be ordered, and the
report considered at the time of the hearing. If the
minor is not currently represented by an attorney, the
court shall appoint the public defender to represent
the minor at the hearing. The court shall make a
finding as to whether the minor is:
(i) a person subject to involuntary admission
on an inpatient basis; or
(ii) in need of mental health services in the
form of inpatient care; or
(iii) in need of mental health services but
not subject to involuntary admission nor inpatient
care.
The findings of the court shall be established by
clear and convincing evidence and the burden of proof
and the burden of going forward with the evidence
shall rest with the State's Attorney. Upon a finding
by the court, the court shall enter its findings and an
appropriate order.
(B) "Person subject to involuntary admission on an
inpatient basis" has the meaning ascribed to it in

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Section 1-119 of the Mental Health and Developmental
Disabilities Code.
(C) "In need of mental health services in the form
of inpatient care" and "in need of mental health
services but not subject to involuntary admission nor
inpatient care" have the meanings ascribed to them in
clause (d) of Section 5-2-4 of the Unified Code of
Corrections.
(3) If the minor is not committed pursuant to this
Section, the minor shall be released.
(4) In no event may the treatment period be extended
to exceed the maximum sentence to which a minor would have
been subject had the minor been convicted in a criminal
proceeding or the maximum sentence available for those
subject to the exclusive jurisdiction of this Act.
(705 ILCS 405/5-574 new)
Sec. 5-574. Juvenile Discharge Hearing Task Force.
(a) The Juvenile Discharge Hearing Task Force is created
to examine the juvenile discharge hearing process, compare
Illinois' process with those of other states with juvenile
fitness standards, and recommend reforms to the process that
ensure minors receive meaningful treatment for existing mental
health needs. The recommendations shall include updates to
Section 5-573 and whether the juvenile discharge hearing
should take place on the same timeframe as discharge hearings

10400SB3942ham001 - 33 - LRB104 18091 RLC 38301 a
for adult offenders.
(b) The Task Force shall consist of the following members,
all of whom shall serve without compensation:
(1) the Commission Chair of the Illinois Juvenile
Justice Commission or the Commission Chair's designee, who
shall serve as a co-chair of the Task Force;
(2) the Secretary of Human Services or the Secretary's
designee, who shall serve as a co-chair of the Task Force;
(3) one member of the General Assembly, appointed by
the President of the Senate;
(4) one member of the General Assembly, appointed by
the Minority Leader of the Senate;
(5) one member of the General Assembly, appointed by
the Speaker of the House of Representatives;
(6) one member of the General Assembly, appointed by
the House Minority Leader;
(7) the Director of the Administrative Office of the
Illinois Courts or the Director's designee;
(8) the Cook County State's Attorney or the State's
Attorney's designee;
(9) a member nominated by the State Appellate
Prosecutor and appointed by the Governor;
(10) the Cook County Public Defender or the Public
Defender's designee;
(11) a member nominated by the State Appellate
Defender and appointed by the Governor;

10400SB3942ham001 - 34 - LRB104 18091 RLC 38301 a
(12) one expert fitness evaluator, appointed by the
Governor;
(13) one representative of an Illinois organization
that advocates for currently and formerly incarcerated
youth, appointed by the Governor;
(14) one representative from a statewide organization
that advocates on behalf of the community-based services
for children and families, appointed by the Governor; and
(15) one representative of a statewide organization
that advocates for youth living with mental health
conditions, appointed by the Governor.
(c) Within 60 days of the effective date of this
amendatory Act of the 104th General Assembly, the co-chairs
shall establish the Task Force. The Task Force will meet at the
call of the co-chairs and shall hold its first meeting no later
than December 1, 2026. The Department of Human Services shall
provide administrative support to the Task Force.
(d) The Task Force may meet in person or virtually and
shall issue a written report of its findings and
recommendations to the General Assembly on or before January
1, 2028.
(e) The Task Force shall be dissolved following the
submission of its report.
(705 ILCS 405/5-575 new)
Sec. 5-575. Follow-up data collection recommendations. The

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Illinois Juvenile Justice Commission shall identify relevant
data and recommend mechanisms to collect and analyze data,
disaggregated by race, ethnicity, gender, geography, age, and
socioeconomic status, resulting from the implementation of
this Part. The report and recommendations shall be submitted
to the General Assembly by January 1, 2029.
(705 ILCS 405/5-576 new)
Sec. 5-576. Annual reports on minors receiving fitness
restoration services. By December 31, 2027, and by December 31
of each year thereafter, the Department of Human Services
shall prepare and post on the Department of Human Services'
website an annual report, covering the previous fiscal year,
on youth receiving fitness restoration services. This report
shall include deidentified data on numbers, characteristics,
and outcomes of minors receiving fitness restoration services
through the Department of Human Services and through programs
contracted by the Department of Human Services. The data in
the report should be disaggregated by age and geography."; and
on page 17, line 6, by replacing "Section 95" with "Section
995"; and
on page 17, immediately below line 12, by inserting the
following:

10400SB3942ham001 - 36 - LRB104 18091 RLC 38301 a
"Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect July 1,
2026.".