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
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Public Act 099-0258
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HB3718 Enrolled | LRB099 11130 RLC 31593 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(705 ILCS 405/5-130)
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Sec. 5-130. Excluded jurisdiction.
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(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 .
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These charges and all other charges arising out of the same |
incident shall
be prosecuted under the criminal laws of this |
State.
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(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.
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(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 .
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(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
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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
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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 .
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(2) (Blank).
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(3) (Blank). (a) The definition of delinquent minor under |
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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
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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
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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
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State.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(ii) If before trial or plea an information or
indictment |
is filed that includes first degree murder committed during the
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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.
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(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.
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(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;
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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 |
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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.
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(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 |
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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
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this Section. These charges and all other charges arising out |
of the same
incident shall be prosecuted under the criminal |
laws of this State.
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(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.
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(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.
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(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.
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(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 |
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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.
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(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:
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(a) The age of the minor;
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(b) Any previous delinquent or criminal history of the |
minor;
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(c) Any previous abuse or neglect history of the minor;
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(d) Any mental health or educational history of the |
minor, or both; and
|
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(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.
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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).
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(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.)
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(705 ILCS 405/5-407)
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Sec. 5-407. Processing of juvenile in possession of a |
firearm.
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(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.
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(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;
|