Bill Text: IL HB4044 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that the clerk of the circuit court shall transmit to the Department of Human Services, agency or institution, if any, to which an unfit defendant is remanded for treatment the complete copy of any fitness report prepared or other report prepared by a forensic examiner for the court. Provides that if the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2015-08-21 - Public Act . . . . . . . . . 99-0435 [HB4044 Detail]

Download: Illinois-2015-HB4044-Chaptered.html



Public Act 099-0435
HB4044 EnrolledLRB099 09946 RLC 30164 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 6-12 as follows:
(705 ILCS 405/6-12)
Sec. 6-12. Juvenile County juvenile justice councils.
(1) Each county, or any group of contiguous counties under
pursuant to an intergovernmental agreement or, in counties
having a population of 3,000,000 or more, any township, or
group of those townships, in the State of Illinois may, at the
initiative of any State's Attorney, Public Defender, court
services director, probation officer, county board member,
regional superintendent of schools, sheriff, chief of police,
any judge serving in a juvenile court within the jurisdiction,
or governing body of any Redeploy Illinois site serving any
part of that area, establish a county juvenile justice council
("council").
(1.5) Each of the following county officers or entities
serving any part of the area included in a juvenile justice
council shall designate a representative to serve on the
council: the sheriff, the State's Attorney, Chief Probation
Officer, the Public Defender, and each and the county board
within the area of the council. Designation of members shall be
made to the person or agency initiating formation of the
council. In addition, the chief judge may designate a
representative to serve on the council.
(a) Following designation of members, the The council
shall organize itself and elect from its members a
chairperson and such officers as are deemed necessary.
Until a chairperson is elected, the State's Attorney shall
serve as interim chairperson.
(b) The chairperson shall, with the advice and consent
of the council, appoint additional members of the council
as is deemed necessary to accomplish the purposes of this
Article and whenever possible shall appoint a local Chief
of Police and a representative of a community youth service
provider. The additional members may include, but are not
limited to, a judge who hears juvenile cases in the
jurisdiction in which the council sits, representatives of
local law enforcement, juvenile justice agencies, schools,
businesses, and community organizations, community youth
service providers, faith based organizations, the State or
local board of education, any family violence coordinating
council, any domestic violence agency, any children's
advocacy center, any serious and habitual offender
comprehensive action program, the Department of Human
Services, the Chamber of Commerce, any director of court
services, and local justice involved youth. However, the
number of voting members of any juvenile justice council
shall not exceed 21.
(c) The county juvenile justice council shall meet
monthly from time to time, but no less than semi-annually,
for the purpose of encouraging the initiation of, or
supporting ongoing, interagency cooperation and programs
to address juvenile delinquency and juvenile crime.
(d) In counties having a population of 3,000,000 or
more, the juvenile justice council shall provide for local
area council participation in its by-laws.
(2) The purpose of a county juvenile justice council is:
(a) To to provide a forum for the development of a
community-based interagency assessment of the local
juvenile justice system, to develop a county juvenile
justice plan for the prevention of juvenile delinquency,
and to make recommendations to the county board, or county
boards, for more effectively utilizing existing community
resources in dealing with juveniles who are found to be
involved in crime, or who are truant or have been suspended
or expelled from school. The county juvenile justice plan
shall include relevant portions of local crime prevention
and public safety plans, school improvement and school
safety plans, Redeploy Illinois plans, and the plans or
initiatives of other public and private entities within the
covered area county that are concerned with dropout
prevention, school safety, the prevention of juvenile
crime and criminal activity by youth gangs.
(b) To inform the development of the local assessment
and plan described in paragraph (a) by utilizing aggregate
data to: analyze the risks, needs, and characteristics of
youth in contact with the juvenile justice system; to
assess responses and resources available; and to develop or
strengthen policy and practice in order to prevent or
mitigate juvenile delinquency, produce positive youth
outcomes, and enhance public safety. Sources of this data
may include State and local human services, child
protection, law enforcement, probation, corrections,
education, and other public agencies. State agencies,
their local and regional offices, and contractors are
strongly encouraged to collaborate with juvenile justice
councils to develop memoranda of understanding and
intergovernmental agreements, and to share data and
information in order to provide an adequate basis for the
local juvenile justice plan. The confidentiality of
individual juvenile records shall not be compromised at any
time or in any manner in service of these functions.
(3) The duties and responsibilities of the county juvenile
justice council include, but are not limited to:
(a) Developing a county juvenile justice plan based
upon utilization of the resources of law enforcement,
school systems, park programs, sports entities, Redeploy
Illinois programs, and others in a cooperative and
collaborative manner to prevent or discourage juvenile
crime.
(b) Entering into a written county interagency
agreement specifying the nature and extent of
contributions each signatory agency will make in achieving
the goals of the county juvenile justice plan and their
commitment to the sharing of information useful in carrying
out the goals of the interagency agreement to the extent
authorized by law.
(c) Applying for and receiving public or private
grants, to be administered by one of the community
partners, that support one or more components of the county
juvenile justice plan.
(d) (Blank). Providing a forum for the presentation of
interagency recommendations and the resolution of
disagreements relating to the contents of the county
interagency agreement or the performance by the parties of
their respective obligations under the agreement.
(e) Assisting and directing the efforts of local
community support organizations and volunteer groups in
providing enrichment programs and other support services
for clients of local juvenile detention centers.
(f) Developing and making available a county-wide or
multi-county resource guide for minors in need of
prevention, intervention, psycho-social, educational
support, and other services needed to prevent juvenile
delinquency.
(g) Facilitating community based collaboration and
perspective on oversight, research, and evaluation of
activities, programs, and policies directed towards and
impacting the lives of juveniles.
(h) Planning for and supporting applications for
Redeploy Illinois, and development of funding for
screening, assessment, and risk-appropriate,
evidence-informed services to reduce commitments to the
Department of Juvenile Justice.
(i) Planning for and supporting the development of
funding for screening, assessment, and risk-appropriate,
evidence-informed services to youth reentering the
community from detention in a county detention center or
commitment from the Department of Juvenile Justice.
(3.5) A council which is the sole council serving any part
of the area of an established Redeploy Illinois site may, in
its discretion, and at the request of the Redeploy Illinois
governing body of the site, undertake and maintain governance
of the site under Section 16.1 of the Probation and Probation
Officers Act.
(4) The council shall have no role in the charging or
prosecution of juvenile offenders.
(Source: P.A. 90-590, eff. 1-1-99.)
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