Bill Text: IL HB0082 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that the court may not commit to the Department of Juvenile Justice a delinquent who has been adjudged a ward of the court for an act that if committed by an adult would be a misdemeanor. Provides that if a minor has been adjudged a ward of the court for an act that if committed by an adult would be a Class 4 or Class 3 felony, the court shall, in addition to the factors and review in the Act, evaluate whether the best interests of the minor and the public will be served by placing the minor in a community based alternative program instead of commitment to the Department of Juvenile Justice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0082 Detail]

Download: Illinois-2011-HB0082-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0082 Introduced , by Rep. Annazette Collins SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-750
Amends the Juvenile Court Act of 1987. Provides that the court may not commit to the Department of Juvenile Justice a delinquent who has been adjudged a ward of the court for an act that if committed by an adult would be a misdemeanor. Provides that if a minor has been adjudged a ward of the court for an act that if committed by an adult would be a Class 4 or Class 3 felony, the court shall, in addition to the factors and review in the Act, evaluate whether the best interests of the minor and the public will be served by placing the minor in a community based alternative program instead of commitment to the Department of Juvenile Justice.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-750 as follows:
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile
Justice.
(1) Except as provided in subsections subsection (2) and
(2.5) of this Section, when any delinquent has been adjudged a
ward of the court under this Act, the court may commit him or
her to the Department of Juvenile Justice, if it finds that (a)
his or her parents, guardian or legal custodian are unfit or
are unable, for some reason other than financial circumstances
alone, to care for, protect, train or discipline the minor, or
are unwilling to do so, and the best interests of the minor and
the public will not be served by placement under Section 5-740
or; (b) it is necessary to ensure the protection of the public
from the consequences of criminal activity of the delinquent.
(2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder, the
court shall declare the minor a ward of the court and order the
minor committed to the Department of Juvenile Justice until the

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minor's 21st birthday, without the possibility of parole,
furlough, or non-emergency authorized absence for a period of 5
years from the date the minor was committed to the Department
of Juvenile Justice, except that the time that a minor spent in
custody for the instant offense before being committed to the
Department of Juvenile Justice shall be considered as time
credited towards that 5 year period. Nothing in this subsection
(2) shall preclude the State's Attorney from seeking to
prosecute a minor as an adult as an alternative to proceeding
under this Act.
(2.5) The court may not commit to the Department of
Juvenile Justice a delinquent who has been adjudged a ward of
the court under this Act for an act that if committed by an
adult would be a misdemeanor. If a minor has been adjudged a
ward of the court under this Act for an act that if committed
by an adult would be a Class 4 or Class 3 felony, the court
shall, in addition to the factors and review in Section 5-750
and elsewhere in this Act, evaluate whether the best interests
of the minor and the public will be served by placing the minor
in a community based alternative program instead of commitment
to the Department of Juvenile Justice.
(3) Except as provided in subsection (2), the commitment of
a delinquent to the Department of Juvenile Justice shall be for
an indeterminate term which shall automatically terminate upon
the delinquent attaining the age of 21 years unless the
delinquent is sooner discharged from parole or custodianship is

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otherwise terminated in accordance with this Act or as
otherwise provided for by law.
(4) When the court commits a minor to the Department of
Juvenile Justice, it shall order him or her conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The
clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the
Department:
(a) the disposition ordered;
(b) all reports;
(c) the court's statement of the basis for ordering the
disposition; and
(d) all additional matters which the court directs the
clerk to transmit.
(6) Whenever the Department of Juvenile Justice lawfully
discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating his or her custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.

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(Source: P.A. 94-696, eff. 6-1-06.)