Bill Text: IL HB3718 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the Juvenile Court Act of 1987. Provides that local law enforcement, the State Board of Education, the Department of Human Services, and the Public Defender may designate representatives to serve on county juvenile justice councils. Provides that the Justice Advisory Council Director or his or her designee, or if the county has no Justice Advisory Council Director, the State's Attorney, shall serve as interim chairperson. Provides that the chairperson shall appoint additional members of the council which are representatives of local law enforcement, juvenile justice agencies, faith organizations, schools, businesses, and community organizations. Provides for the creation of Local Advisory Committees, and that 20% of the membership of these Committees must be local-justice involved youths aged 16-21. Provides that the duties and responsibilities of the Juvenile Justice Council includes facilitating community based collaboration and perspective on oversight, research, and evaluation of activities, programs, and policies directed towards and impacting the lives of juveniles.

Spectrum: Moderate Partisan Bill (Democrat 27-5)

Status: (Passed) 2015-08-04 - Public Act . . . . . . . . . 99-0258 [HB3718 Detail]

Download: Illinois-2015-HB3718-Chaptered.html



Public Act 099-0258
HB3718 EnrolledLRB099 11130 RLC 31593 b
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 Sections 5-130, 5-407, 5-805, and 5-810 and by adding
Section 5-822 as follows:
(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 16 15 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, or (iii) aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
discharged a firearm as defined in Section 2-15.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
robbery when the armed robbery was committed with a firearm, or
(v) aggravated vehicular hijacking when the hijacking was
committed with a firearm.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b)(i) If before trial or plea an information or indictment
is filed that does not charge an offense specified in paragraph
(a) of this subsection (1) the State's Attorney may proceed on
any lesser charge or charges, but only in Juvenile Court under
the provisions of this Article. The State's Attorney may
proceed on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
Criminal Code of 1961 or the Criminal Code of 2012.
(c)(i) If after trial or plea the minor is convicted of any
offense covered by paragraph (a) of this subsection (1), then,
in sentencing the minor, the court shall sentence the minor
under Section 5-4.5-105 of the Unified Code of Corrections have
available any or all dispositions prescribed for that offense
under Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor under Section 5-4.5-105 of the
Unified Code of Corrections accordingly having available to it
any or all dispositions so prescribed.
(2) (Blank).
(3) (Blank). (a) The definition of delinquent minor under
Section 5-120 of this Article shall not apply to any minor who
at the time of the offense was at least 15 years of age and who
is charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 while in
school, regardless of the time of day or the time of year, or
on the real property comprising any school, regardless of the
time of day or the time of year. School is defined, for
purposes of this Section as any public or private elementary or
secondary school, community college, college, or university.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b)(i) If before trial or plea an information or indictment
is filed that does not charge an offense specified in paragraph
(a) of this subsection (3) the State's Attorney may proceed on
any lesser charge or charges, but only in Juvenile Court under
the provisions of this Article. The State's Attorney may
proceed under the criminal laws of this State on a lesser
charge if before trial the minor defendant knowingly and with
advice of counsel waives, in writing, his or her right to have
the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (3) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
(c)(i) If after trial or plea the minor is convicted of any
offense covered by paragraph (a) of this subsection (3), then,
in sentencing the minor, the court shall have available any or
all dispositions prescribed for that offense under Chapter V of
the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (3), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(4) (Blank). (a) The definition of delinquent minor under
Section 5-120 of this Article shall not apply to any minor who
at the time of an offense was at least 13 years of age and who
is charged with first degree murder committed during the course
of either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961 or the Criminal Code of 2012.
(b)(i) If before trial or plea an information or indictment
is filed that does not charge first degree murder committed
during the course of aggravated criminal sexual assault,
criminal sexual assault, or aggravated kidnaping, the State's
Attorney may proceed on any lesser charge or charges, but only
in Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c)(i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
(ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the finding shall not invalidate the verdict or the
prosecution of the minor under the criminal laws of the State;
however, unless the State requests a hearing for the purpose of
sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and
5-710 of this Article. To request a hearing, the State must
file a written motion within 10 days following the entry of a
finding or the return of a verdict. Reasonable notice of the
motion shall be given to the minor or his or her counsel. If
the motion is made by the State, the court shall conduct a
hearing to determine whether the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the best
interest of the minor and the security of the public require
sentencing under Chapter V of the Unified Code of Corrections;
and (f) whether the minor possessed a deadly weapon when
committing the offense. The rules of evidence shall be the same
as if at trial. If after the hearing the court finds that the
minor should be sentenced under Chapter V of the Unified Code
of Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
(5) (Blank). (a) The definition of delinquent minor under
Section 5-120 of this Article shall not apply to any minor who
is charged with a violation of subsection (a) of Section 31-6
or Section 32-10 of the Criminal Code of 1961 or the Criminal
Code of 2012 when the minor is subject to prosecution under the
criminal laws of this State as a result of the application of
the provisions of Section 5-125, or subsection (1) or (2) of
this Section. These charges and all other charges arising out
of the same incident shall be prosecuted under the criminal
laws of this State.
(b)(i) If before trial or plea an information or indictment
is filed that does not charge an offense specified in paragraph
(a) of this subsection (5), the State's Attorney may proceed on
any lesser charge or charges, but only in Juvenile Court under
the provisions of this Article. The State's Attorney may
proceed under the criminal laws of this State on a lesser
charge if before trial the minor defendant knowingly and with
advice of counsel waives, in writing, his or her right to have
the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (5) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
(c)(i) If after trial or plea the minor is convicted of any
offense covered by paragraph (a) of this subsection (5), then,
in sentencing the minor, the court shall have available any or
all dispositions prescribed for that offense under Chapter V of
the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if whether the minor should be
sentenced under Chapter V of the Unified Code of Corrections.
In making its determination, the court shall consider among
other matters: (a) whether there is evidence that the offense
was committed in an aggressive and premeditated manner; (b) the
age of the minor; (c) the previous delinquent history of the
minor; (d) whether there are facilities particularly available
to the Juvenile Court or the Department of Juvenile Justice for
the treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(6) (Blank). The definition of delinquent minor under
Section 5-120 of this Article shall not apply to any minor who,
pursuant to subsection (1) or (3) or Section 5-805 or 5-810,
has previously been placed under the jurisdiction of the
criminal court and has been convicted of a crime under an adult
criminal or penal statute. Such a minor shall be subject to
prosecution under the criminal laws of this State.
(7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction of
the Juvenile Court, except that minors under 18 years of age
shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution
of any minor for an offense committed on or after his or her
18th birthday even though he or she is at the time of the
offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of an
act that constitutes a crime under the laws of this State, the
minor, with the consent of his or her counsel, may, at any time
before commencement of the adjudicatory hearing, file with the
court a motion that criminal prosecution be ordered and that
the petition be dismissed insofar as the act or acts involved
in the criminal proceedings are concerned. If such a motion is
filed as herein provided, the court shall enter its order
accordingly.
(10) If, prior to August 12, 2005 (the effective date of
Public Act 94-574), a minor is charged with a violation of
Section 401 of the Illinois Controlled Substances Act under the
criminal laws of this State, other than a minor charged with a
Class X felony violation of the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, any party including the minor or the court sua sponte may,
before trial, move for a hearing for the purpose of trying and
sentencing the minor as a delinquent minor. To request a
hearing, the party must file a motion prior to trial.
Reasonable notice of the motion shall be given to all parties.
On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing
to determine whether the minor should be tried and sentenced as
a delinquent minor under this Article. In making its
determination, the court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of the
minor;
(c) Any previous abuse or neglect history of the minor;
(d) Any mental health or educational history of the
minor, or both; and
(e) Whether there is probable cause to support the
charge, whether the minor is charged through
accountability, and whether there is evidence the minor
possessed a deadly weapon or caused serious bodily harm
during the offense.
Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall enter
an order permitting prosecution under the criminal laws of
Illinois unless the judge makes a finding based on a
preponderance of the evidence that the minor would be amenable
to the care, treatment, and training programs available through
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
98-756, eff. 7-16-14.)
(705 ILCS 405/5-407)
Sec. 5-407. Processing of juvenile in possession of a
firearm.
(a) If a law enforcement officer detains a minor pursuant
to Section 10-27.1A of the School Code, the officer shall
deliver the minor to the nearest juvenile officer, in the
manner prescribed by subsection (2) of Section 5-405 of this
Act. The juvenile officer shall deliver the minor without
unnecessary delay to the court or to the place designated by
rule or order of court for the reception of minors. In no event
shall the minor be eligible for any other disposition by the
juvenile police officer, notwithstanding the provisions of
subsection (3) of Section 5-405 of this Act.
(b) Minors not excluded from this Act's jurisdiction under
subsection (3)(a) of Section 5-130 of this Act shall be brought
before a judicial officer within 40 hours, exclusive of
Saturdays, Sundays, and court-designated holidays, for a
detention hearing to determine whether he or she shall be
further held in custody. If the court finds that there is
probable cause to believe that the minor is a delinquent minor
by virtue of his or her violation of item (4) of subsection (a)
of Section 24-1 of the Criminal Code of 1961 or the Criminal
Code of 2012 while on school grounds, that finding shall create
a presumption that immediate and urgent necessity exists under
subdivision (2) of Section 5-501 of this Act. Once the
presumption of immediate and urgent necessity has been raised,
the burden of demonstrating the lack of immediate and urgent
necessity shall be on any party that is opposing detention for
the minor. Should the court order detention pursuant to this
Section, the minor shall be detained, pending the results of a
court-ordered psychological evaluation to determine if the
minor is a risk to himself, herself, or others. Upon receipt of
the psychological evaluation, the court shall review the
determination regarding the existence of urgent and immediate
necessity. The court shall consider the psychological
evaluation in conjunction with the other factors identified in
subdivision (2) of Section 5-501 of this Act in order to make a
de novo determination regarding whether it is a matter of
immediate and urgent necessity for the protection of the minor
or of the person or property of another that the minor be
detained or placed in a shelter care facility. In addition to
the pre-trial conditions found in Section 5-505 of this Act,
the court may order the minor to receive counseling and any
other services recommended by the psychological evaluation as a
condition for release of the minor.
(c) Upon making a determination that the student presents a
risk to himself, herself, or others, the court shall issue an
order restraining the student from entering the property of the
school if he or she has been suspended or expelled from the
school as a result of possessing a firearm. The order shall
restrain the student from entering the school and school owned
or leased property, including any conveyance owned, leased, or
contracted by the school to transport students to or from
school or a school-related activity. The order shall remain in
effect until such time as the court determines that the student
no longer presents a risk to himself, herself, or others.
(d) Psychological evaluations ordered pursuant to
subsection (b) of this Section and statements made by the minor
during the course of these evaluations, shall not be admissible
on the issue of delinquency during the course of any
adjudicatory hearing held under this Act.
(e) In this Section:
"School" means any public or private elementary or
secondary school.
"School grounds" includes the real property comprising any
school, any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-805)
Sec. 5-805. Transfer of jurisdiction.
(1) (Blank). Mandatory transfers.
(a) If a petition alleges commission by a minor 15
years of age or older of an act that constitutes a forcible
felony under the laws of this State, and if a motion by the
State's Attorney to prosecute the minor under the criminal
laws of Illinois for the alleged forcible felony alleges
that (i) the minor has previously been adjudicated
delinquent or found guilty for commission of an act that
constitutes a felony under the laws of this State or any
other state and (ii) the act that constitutes the offense
was committed in furtherance of criminal activity by an
organized gang, the Juvenile Judge assigned to hear and
determine those motions shall, upon determining that there
is probable cause that both allegations are true, enter an
order permitting prosecution under the criminal laws of
Illinois.
(b) If a petition alleges commission by a minor 15
years of age or older of an act that constitutes a felony
under the laws of this State, and if a motion by a State's
Attorney to prosecute the minor under the criminal laws of
Illinois for the alleged felony alleges that (i) the minor
has previously been adjudicated delinquent or found guilty
for commission of an act that constitutes a forcible felony
under the laws of this State or any other state and (ii)
the act that constitutes the offense was committed in
furtherance of criminal activities by an organized gang,
the Juvenile Judge assigned to hear and determine those
motions shall, upon determining that there is probable
cause that both allegations are true, enter an order
permitting prosecution under the criminal laws of
Illinois.
(c) If a petition alleges commission by a minor 15
years of age or older of: (i) an act that constitutes an
offense enumerated in the presumptive transfer provisions
of subsection (2); and (ii) the minor has previously been
adjudicated delinquent or found guilty of a forcible
felony, the Juvenile Judge designated to hear and determine
those motions shall, upon determining that there is
probable cause that both allegations are true, enter an
order permitting prosecution under the criminal laws of
Illinois.
(d) If a petition alleges commission by a minor 15
years of age or older of an act that constitutes the
offense of aggravated discharge of a firearm committed in a
school, on the real property comprising a school, within
1,000 feet of the real property comprising a school, at a
school related activity, or on, boarding, or departing from
any conveyance owned, leased, or contracted by a school or
school district to transport students to or from school or
a school related activity, regardless of the time of day or
the time of year, the juvenile judge designated to hear and
determine those motions shall, upon determining that there
is probable cause that the allegations are true, enter an
order permitting prosecution under the criminal laws of
Illinois.
For purposes of this paragraph (d) of subsection (1):
"School" means a public or private elementary or
secondary school, community college, college, or
university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance
or participation is sponsored, organized, or funded in
whole or in part by a school or school district.
(2) Presumptive transfer.
(a) If the State's Attorney files a petition, at any
time prior to commencement of the minor's trial, to permit
prosecution under the criminal laws and the petition
alleges a minor 15 years of age or older of an act that
constitutes a forcible felony under the laws of this State,
and if a motion by the State's Attorney to prosecute the
minor under the criminal laws of Illinois for the alleged
forcible felony alleges that (i) the minor has previously
been adjudicated delinquent or found guilty for commission
of an act that constitutes a forcible felony under the laws
of this State or any other state and (ii) the act that
constitutes the offense was committed in furtherance of
criminal activity by an organized gang, the commission by a
minor 15 years of age or older of: (i) a Class X felony
other than armed violence; (ii) aggravated discharge of a
firearm; (iii) armed violence with a firearm when the
predicate offense is a Class 1 or Class 2 felony and the
State's Attorney's motion to transfer the case alleges that
the offense committed is in furtherance of the criminal
activities of an organized gang; (iv) armed violence with a
firearm when the predicate offense is a violation of the
Illinois Controlled Substances Act, a violation of the
Cannabis Control Act, or a violation of the Methamphetamine
Control and Community Protection Act; (v) armed violence
when the weapon involved was a machine gun or other weapon
described in subsection (a)(7) of Section 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012; (vi) an
act in violation of Section 401 of the Illinois Controlled
Substances Act which is a Class X felony, while in a
school, regardless of the time of day or the time of year,
or on any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity, or on residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development; or (vii) an act in violation of
Section 401 of the Illinois Controlled Substances Act and
the offense is alleged to have occurred while in a school
or on a public way within 1,000 feet of the real property
comprising any school, regardless of the time of day or the
time of year when the delivery or intended delivery of any
amount of the controlled substance is to a person under 17
years of age, (to qualify for a presumptive transfer under
paragraph (vi) or (vii) of this clause (2)(a), the
violation cannot be based upon subsection (b) of Section
407 of the Illinois Controlled Substances Act) and, if the
juvenile judge assigned to hear and determine motions to
transfer a case for prosecution in the criminal court
determines that there is probable cause to believe that the
allegations in the petition and motion are true, there is a
rebuttable presumption that the minor is not a fit and
proper subject to be dealt with under the Juvenile Justice
Reform Provisions of 1998 (Public Act 90-590), and that,
except as provided in paragraph (b), the case should be
transferred to the criminal court.
(b) The judge shall enter an order permitting
prosecution under the criminal laws of Illinois unless the
judge makes a finding based on clear and convincing
evidence that the minor would be amenable to the care,
treatment, and training programs available through the
facilities of the juvenile court based on an evaluation of
the following:
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal
history of the minor,
(B) any previous abuse or neglect history of
the minor, and
(C) any mental health, physical or educational
history of the minor or combination of these
factors;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,
(C) whether there is evidence the offense was
committed in an aggressive and premeditated
manner,
(D) whether there is evidence the offense
caused serious bodily harm,
(E) whether there is evidence the minor
possessed a deadly weapon;
(iv) the advantages of treatment within the
juvenile justice system including whether there are
facilities or programs, or both, particularly
available in the juvenile system;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of
Corrections:
(A) the minor's history of services, including
the minor's willingness to participate
meaningfully in available services;
(B) whether there is a reasonable likelihood
that the minor can be rehabilitated before the
expiration of the juvenile court's jurisdiction;
(C) the adequacy of the punishment or
services.
In considering these factors, the court shall give
greater weight to the seriousness of the alleged offense
and the minor's prior record of delinquency than to the
other factors listed in this subsection.
For purposes of clauses (2)(a)(vi) and (vii):
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
(3) Discretionary transfer.
(a) If a petition alleges commission by a minor 13
years of age or over of an act that constitutes a crime
under the laws of this State and, on motion of the State's
Attorney to permit prosecution of the minor under the
criminal laws, a Juvenile Judge assigned by the Chief Judge
of the Circuit to hear and determine those motions, after
hearing but before commencement of the trial, finds that
there is probable cause to believe that the allegations in
the motion are true and that it is not in the best
interests of the public to proceed under this Act, the
court may enter an order permitting prosecution under the
criminal laws.
(b) In making its determination on the motion to permit
prosecution under the criminal laws, the court shall
consider among other matters:
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal
history of the minor,
(B) any previous abuse or neglect history of
the minor, and
(C) any mental health, physical, or
educational history of the minor or combination of
these factors;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,
(C) whether there is evidence the offense was
committed in an aggressive and premeditated
manner,
(D) whether there is evidence the offense
caused serious bodily harm,
(E) whether there is evidence the minor
possessed a deadly weapon;
(iv) the advantages of treatment within the
juvenile justice system including whether there are
facilities or programs, or both, particularly
available in the juvenile system;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of
Corrections:
(A) the minor's history of services, including
the minor's willingness to participate
meaningfully in available services;
(B) whether there is a reasonable likelihood
that the minor can be rehabilitated before the
expiration of the juvenile court's jurisdiction;
(C) the adequacy of the punishment or
services.
In considering these factors, the court shall give
greater weight to the seriousness of the alleged offense,
and the minor's prior record of delinquency than to the
other factors listed in this subsection.
(4) The rules of evidence for this hearing shall be the
same as under Section 5-705 of this Act. A minor must be
represented in court by counsel before the hearing may be
commenced.
(5) If criminal proceedings are instituted, the petition
for adjudication of wardship shall be dismissed insofar as the
act or acts involved in the criminal proceedings. Taking of
evidence in a trial on petition for adjudication of wardship is
a bar to criminal proceedings based upon the conduct alleged in
the petition.
(6) When criminal prosecution is permitted under this
Section and a finding of guilt is entered, the criminal court
shall sentence the minor under Section 5-4.5-105 of the Unified
Code of Corrections.
(7) The changes made to this Section by this amendatory Act
of the 99th General Assembly apply to a minor who has been
taken into custody on or after the effective date of this
amendatory Act of the 99th General Assembly.
(Source: P.A. 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-810)
Sec. 5-810. Extended jurisdiction juvenile prosecutions.
(1) (a) If the State's Attorney files a petition, at any
time prior to commencement of the minor's trial, to designate
the proceeding as an extended jurisdiction juvenile
prosecution and the petition alleges the commission by a minor
13 years of age or older of any offense which would be a felony
if committed by an adult, and, if the juvenile judge assigned
to hear and determine petitions to designate the proceeding as
an extended jurisdiction juvenile prosecution determines that
there is probable cause to believe that the allegations in the
petition and motion are true, there is a rebuttable presumption
that the proceeding shall be designated as an extended
jurisdiction juvenile proceeding.
(b) The judge shall enter an order designating the
proceeding as an extended jurisdiction juvenile proceeding
unless the judge makes a finding based on clear and convincing
evidence that sentencing under the Chapter V of the Unified
Code of Corrections would not be appropriate for the minor
based on an evaluation of the following factors:
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal history of
the minor,
(B) any previous abuse or neglect history of the
minor, and
(C) any mental health, physical and/or educational
history of the minor;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,
(C) whether there is evidence the offense was
committed in an aggressive and premeditated manner,
(D) whether there is evidence the offense caused
serious bodily harm,
(E) whether there is evidence the minor possessed a
deadly weapon;
(iv) the advantages of treatment within the juvenile
justice system including whether there are facilities or
programs, or both, particularly available in the juvenile
system;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of
Corrections:
(A) the minor's history of services, including the
minor's willingness to participate meaningfully in
available services;
(B) whether there is a reasonable likelihood that
the minor can be rehabilitated before the expiration of
the juvenile court's jurisdiction;
(C) the adequacy of the punishment or services.
In considering these factors, the court shall give greater
weight to the seriousness of the alleged offense, and the
minor's prior record of delinquency than to other factors
listed in this subsection.
(2) Procedures for extended jurisdiction juvenile
prosecutions. The State's Attorney may file a written motion
for a proceeding to be designated as an extended juvenile
jurisdiction prior to commencement of trial. Notice of the
motion shall be in compliance with Section 5-530. When the
State's Attorney files a written motion that a proceeding be
designated an extended jurisdiction juvenile prosecution, the
court shall commence a hearing within 30 days of the filing of
the motion for designation, unless good cause is shown by the
prosecution or the minor as to why the hearing could not be
held within this time period. If the court finds good cause has
been demonstrated, then the hearing shall be held within 60
days of the filing of the motion. The hearings shall be open to
the public unless the judge finds that the hearing should be
closed for the protection of any party, victim or witness. If
the Juvenile Judge assigned to hear and determine a motion to
designate an extended jurisdiction juvenile prosecution
determines that there is probable cause to believe that the
allegations in the petition and motion are true the court shall
grant the motion for designation. Information used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information
offered by the State or the minor. All evidence shall be
admissible if it is relevant and reliable regardless of whether
it would be admissible under the rules of evidence.
(3) Trial. A minor who is subject of an extended
jurisdiction juvenile prosecution has the right to trial by
jury. Any trial under this Section shall be open to the public.
(4) Sentencing. If an extended jurisdiction juvenile
prosecution under subsection (1) results in a guilty plea, a
verdict of guilty, or a finding of guilt, the court shall
impose the following:
(i) one or more juvenile sentences under Section 5-710;
and
(ii) an adult criminal sentence in accordance with the
provisions of Section 5-4.5-105 of the Unified Code of
Corrections Chapter V of the Unified Code of Corrections,
the execution of which shall be stayed on the condition
that the offender not violate the provisions of the
juvenile sentence.
Any sentencing hearing under this Section shall be open to the
public.
(5) If, after an extended jurisdiction juvenile
prosecution trial, a minor is convicted of a lesser-included
offense or of an offense that the State's Attorney did not
designate as an extended jurisdiction juvenile prosecution,
the State's Attorney may file a written motion, within 10 days
of the finding of guilt, that the minor be sentenced as an
extended jurisdiction juvenile prosecution offender. The court
shall rule on this motion using the factors found in paragraph
(1)(b) of Section 5-805. If the court denies the State's
Attorney's motion for sentencing under the extended
jurisdiction juvenile prosecution provision, the court shall
proceed to sentence the minor under Section 5-710.
(6) When it appears that a minor convicted in an extended
jurisdiction juvenile prosecution under subsection (1) has
violated the conditions of his or her sentence, or is alleged
to have committed a new offense upon the filing of a petition
to revoke the stay, the court may, without notice, issue a
warrant for the arrest of the minor. After a hearing, if the
court finds by a preponderance of the evidence that the minor
committed a new offense, the court shall order execution of the
previously imposed adult criminal sentence. After a hearing, if
the court finds by a preponderance of the evidence that the
minor committed a violation of his or her sentence other than
by a new offense, the court may order execution of the
previously imposed adult criminal sentence or may continue him
or her on the existing juvenile sentence with or without
modifying or enlarging the conditions. Upon revocation of the
stay of the adult criminal sentence and imposition of that
sentence, the minor's extended jurisdiction juvenile status
shall be terminated. The on-going jurisdiction over the minor's
case shall be assumed by the adult criminal court and juvenile
court jurisdiction shall be terminated and a report of the
imposition of the adult sentence shall be sent to the
Department of State Police.
(7) Upon successful completion of the juvenile sentence the
court shall vacate the adult criminal sentence.
(8) Nothing in this Section precludes the State from filing
a motion for transfer under Section 5-805.
(Source: P.A. 94-574, eff. 8-12-05; 95-331, eff. 8-21-07.)
(705 ILCS 405/5-822 new)
Sec. 5-822. Data collection. On the effective date of this
amendatory Act of the 99th General Assembly:
(1) The Clerk of the Circuit Court of every county in
this State, shall track the filing, processing, and
disposition of all cases:
(a) initiated in criminal court under Section
5-130 of this Act;
(b) in which a motion to transfer was filed by the
State under Section 5-805 of this Act;
(c) in which a motion for extended jurisdiction was
filed by the State under Section 5-810 of this Act;
(d) in which a designation is sought of a Habitual
Juvenile Offender under Section 5-815 of this Act; and
(e) in which a designation is sought of a Violent
Juvenile Offender under Section 5-820 of this Act.
(2) For each category of case listed in subsection (1),
the clerk shall collect the following:
(a) age of the defendant and of the victim or
victims at the time of offense;
(b) race and ethnicity of the defendant and the
victim or victims;
(c) gender of the defendant and the victim or
victims;
(d) the offense or offenses charged;
(e) date filed and the date of final disposition;
(f) the final disposition;
(g) for those cases resulting in a finding or plea
of guilty:
(i) charge or charges for which they are
convicted;
(ii) sentence for each charge;
(h) for cases under paragraph (c) of subsection
(1), the clerk shall report if the adult sentence is
applied due to non-compliance with the juvenile
sentence.
(3) On January 15 and June 15 of each year beginning 6
months after the effective date of this amendatory Act of
the 99th General Assembly, the Clerk of each county shall
submit a report outlining all of the information from
subsection (2) to the General Assembly and the county board
of the clerk's respective county.
(4) No later than 2 months after the effective date of
this amendatory Act of the 99th General Assembly, the
standards, confidentiality protocols, format, and data
depository for the semi-annual reports described in this
Section shall be identified by the State Advisory Group on
Juvenile Justice and Delinquency Prevention and
distributed to the General Assembly, county boards, and
county clerks' offices.
(705 ILCS 405/5-821 rep.)
Section 10. The Juvenile Court Act of 1987 is amended by
repealing Section 5-821.
Section 15. The Unified Code of Corrections is amended by
adding Section 5-4.5-105 as follows:
(730 ILCS 5/5-4.5-105 new)
Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
(a) On or after the effective date of this amendatory Act
of the 99th General Assembly, when a person commits an offense
and the person is under 18 years of age at the time of the
commission of the offense, the court, at the sentencing hearing
conducted under Section 5-4-1, shall consider the following
additional factors in mitigation in determining the
appropriate sentence:
(1) the person's age, impetuosity, and level of
maturity at the time of the offense, including the ability
to consider risks and consequences of behavior, and the
presence of cognitive or developmental disability, or
both, if any;
(2) whether the person was subjected to outside
pressure, including peer pressure, familial pressure, or
negative influences;
(3) the person's family, home environment, educational
and social background, including any history of parental
neglect, physical abuse, or other childhood trauma;
(4) the person's potential for rehabilitation or
evidence of rehabilitation, or both;
(5) the circumstances of the offense;
(6) the person's degree of participation and specific
role in the offense, including the level of planning by the
defendant before the offense;
(7) whether the person was able to meaningfully
participate in his or her defense;
(8) the person's prior juvenile or criminal history;
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