Bill Text: IL HB0111 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission in its annual submission of recommendations 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 date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed - Dead) 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments [HB0111 Detail]

Download: Illinois-2021-HB0111-Engrossed.html

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AN ACT concerning juveniles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Section 17a-9 as follows:
(20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)
Sec. 17a-9. Illinois Juvenile Justice Commission.
(a) There is hereby created the Illinois Juvenile Justice
Commission which shall consist of 25 persons appointed by the
Governor. The Chairperson of the Commission shall be appointed
by the Governor. Of the initial appointees, 8 shall serve a
one-year term, 8 shall serve a two-year term and 9 shall serve
a three-year term. Thereafter, each successor shall serve a
three-year term. Vacancies shall be filled in the same manner
as original appointments. Once appointed, members shall serve
until their successors are appointed and qualified. Members
shall serve without compensation, except they shall be
reimbursed for their actual expenses in the performance of
their duties. The Commission shall carry out the rights,
powers and duties established in subparagraph (3) of paragraph
(a) of Section 223 of the Federal "Juvenile Justice and
Delinquency Prevention Act of 1974", as now or hereafter
amended. The Commission shall determine the priorities for

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expenditure of funds made available to the State by the
Federal Government pursuant to that Act. The Commission shall
have the following powers and duties:
(1) Development, review and final approval of the
State's juvenile justice plan for funds under the Federal
"Juvenile Justice and Delinquency Prevention Act of 1974";
(2) Review and approve or disapprove juvenile justice
and delinquency prevention grant applications to the
Department for federal funds under that Act;
(3) Annual submission of recommendations to the
Governor and the General Assembly concerning matters
relative to its function, including recommendations
regarding the inclusion of emerging adults into a
developmentally appropriate justice system, reducing
recidivism, and preventing deeper criminal involvement;
(4) Responsibility for the review of funds allocated
to Illinois under the "Juvenile Justice and Delinquency
Prevention Act of 1974" to ensure compliance with all
relevant federal laws and regulations;
(5) Function as the advisory committee for the State
Youth and Community Services Program as authorized under
Section 17 of this Act, and in that capacity be authorized
and empowered to assist and advise the Secretary of Human
Services on matters related to juvenile justice and
delinquency prevention programs and services; and
(6) Study the impact of, develop timelines, and

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propose a funding structure to accommodate the expansion
of the jurisdiction of the Illinois Juvenile Court to
include youth age 17 under the jurisdiction of the
Juvenile Court Act of 1987. The Commission shall submit a
report by December 31, 2011 to the General Assembly with
recommendations on extending juvenile court jurisdiction
to youth age 17 charged with felony offenses.
(b) On the effective date of this amendatory Act of the
96th General Assembly, the Illinois Juvenile Jurisdiction Task
Force created by Public Act 95-1031 is abolished and its
duties are transferred to the Illinois Juvenile Justice
Commission as provided in paragraph (6) of subsection (a) of
this Section.
(Source: P.A. 96-1199, eff. 1-1-11.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-105 as follows:
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and
revocable release of an adjudicated delinquent juvenile
committed to the Department of Juvenile Justice under the
supervision of the Department of Juvenile Justice.
(1.5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and

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includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for
a community service agency as hereinafter defined.
(2.5) "Community service agency" means a
not-for-profit organization, community organization,
church, charitable organization, individual, public
office, or other public body whose purpose is to enhance
the physical or mental health of a delinquent minor or to
rehabilitate the minor, or to improve the environmental
quality or social welfare of the community which agrees to
accept community service from juvenile delinquents and to
report on the progress of the community service to the
State's Attorney pursuant to an agreement or to the court
or to any agency designated by the court or to the
authorized diversion program that has referred the
delinquent minor for community service.
(3) "Delinquent minor" means any minor who prior to
his or her 18th birthday has violated or attempted to
violate, regardless of where the act occurred, any
federal, State, county or municipal law or ordinance. On
and after January 1, 2023, "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. The changes made by

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this amendatory Act of the 102nd General Assembly apply to
violations or attempted violations committed on or after
January 1, 2023.
(4) "Department" means the Department of Human
Services unless specifically referenced as another
department.
(5) "Detention" means the temporary care of a minor
who is alleged to be or has been adjudicated delinquent
and who requires secure custody for the minor's own
protection or the community's protection in a facility
designed to physically restrict the minor's movements,
pending disposition by the court or execution of an order
of the court for placement or commitment. Design features
that physically restrict movement include, but are not
limited to, locked rooms and the secure handcuffing of a
minor to a rail or other stationary object. In addition,
"detention" includes the court ordered care of an alleged
or adjudicated delinquent minor who requires secure
custody pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a
productive and responsible approach to living in the
community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county

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juvenile detention standards adopted by the Department of
Juvenile Justice.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for
the purpose of preventing or reducing delinquent acts,
including criminal activity by youth gangs, as well as
intervention, rehabilitation, and prevention services
targeted at minors who have committed delinquent acts, and
minors who have previously been committed to residential
treatment programs for delinquents. The term includes
children-in-need-of-services and
families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health
programs; community service programs; community service
work programs; and alternative-dispute resolution programs
serving youth-at-risk of delinquency and their families,
whether offered or delivered by State or local
governmental entities, public or private for-profit or
not-for-profit organizations, or religious or charitable
organizations. This term would also encompass any program
or service consistent with the purpose of those programs
and services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,
has been assigned to the position of juvenile police
officer by his or her chief law enforcement officer and

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has completed the necessary juvenile officers training as
prescribed by the Illinois Law Enforcement Training
Standards Board, or in the case of a State police officer,
juvenile officer training approved by the Director of
State Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody
may include, but is not limited to, electronic monitoring,
foster home placement, home confinement, group home
placement, or physical restriction of movement or activity
solely through facility staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit organization or public body
whose purpose is to enhance physical or mental stability
of the offender, environmental quality or the social
welfare and which agrees to accept public or community
service from offenders and to report on the progress of
the offender and the public or community service to the
court or to the authorized diversion program that has
referred the offender for public or community service.
"Public or community service" does not include blood
donation or assignment to labor at a blood bank. For the

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purposes of this Act, "blood bank" has the meaning
ascribed to the term in Section 2-124 of the Illinois
Clinical Laboratory and Blood Bank Act.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional
hearing" and be synonymous with that definition as it was
used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) "Site" means a not-for-profit organization,
public body, church, charitable organization, or
individual agreeing to accept community service from
offenders and to report on the progress of ordered or
required public or community service to the court or to
the authorized diversion program that has referred the
offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police
officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor
is delinquent are proved beyond a reasonable doubt. It is

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the intent of the General Assembly that the term "trial"
replace the term "adjudicatory hearing" and be synonymous
with that definition as it was used in the Juvenile Court
Act of 1987.
The changes made to this Section by Public Act 98-61 apply
to violations or attempted violations committed on or after
January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
eff. 7-20-15.)