Bill Text: IL SB3854 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that relevant information, reports and records, held by the Department of Juvenile Justice, including social investigation, psychological and medical records, of any juvenile offender, shall be made available to any county juvenile detention facility or any Illinois Probation Department, where the subject juvenile offender formerly was in the custody of the Department of Juvenile Justice, released to mandatory supervision, released to aftercare, or released to juvenile parole, and is subsequently ordered to be held in a county juvenile detention facility, or ordered to be supervised by a county or circuit Probation Department. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3854 Detail]

Download: Illinois-2019-SB3854-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3854 Introduced 2/14/2020, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-901
Amends the Juvenile Court Act of 1987. Provides that relevant information, reports and records, held by the Department of Juvenile Justice, including social investigation, psychological and medical records, of any juvenile offender, shall be made available to any county juvenile detention facility or any Illinois Probation Department, where the subject juvenile offender formerly was in the custody of the Department of Juvenile Justice, released to mandatory supervision, released to aftercare, or released to juvenile parole, and is subsequently ordered to be held in a county juvenile detention facility, or ordered to be supervised by a county or circuit Probation Department. Effective immediately.
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A BILL FOR
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AN ACT concerning courts
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. Findings.
The General Assembly finds that an adequate continuum of
care is necessary to better address the needs of juveniles
within the court system.
The General Assembly finds that the unique partnership of
State and local services is needed to provide the right
placements, and the right services for justice-involved
juveniles.
The General Assembly finds that providing information to
local probation departments in a timely manner will improve
both services and outcomes for juveniles.
Therefore, the General Assembly recommends that
information to assist juveniles needs to be available while at
the same time maintaining its confidentiality.
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-901 as follows:
(705 ILCS 405/5-901)
Sec. 5-901. Court file.
(1) The Court file with respect to proceedings under this

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Article shall consist of the petitions, pleadings, victim
impact statements, process, service of process, orders, writs
and docket entries reflecting hearings held and judgments and
decrees entered by the court. The court file shall be kept
separate from other records of the court.
(a) The file, including information identifying the
victim or alleged victim of any sex offense, shall be
disclosed only to the following parties when necessary for
discharge of their official duties:
(i) A judge of the circuit court and members of the
staff of the court designated by the judge;
(ii) Parties to the proceedings and their
attorneys;
(iii) Victims and their attorneys, except in cases
of multiple victims of sex offenses in which case the
information identifying the nonrequesting victims
shall be redacted;
(iv) Probation officers, law enforcement officers
or prosecutors or their staff;
(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information
identifying the victim or alleged victim of any sex offense
shall be disclosed only to the following parties when
necessary for discharge of their official duties:
(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with

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the permission of the judge of the juvenile court and
the chief executive of the agency that prepared the
particular recording: provided that publication of
such research results in no disclosure of a minor's
identity and protects the confidentiality of the
record;
(iii) The Secretary of State to whom the Clerk of
the Court shall report the disposition of all cases, as
required in Section 6-204 or Section 6-205.1 of the
Illinois Vehicle Code. However, information reported
relative to these offenses shall be privileged and
available only to the Secretary of State, courts, and
police officers;
(iv) The administrator of a bonafide substance
abuse student assistance program with the permission
of the presiding judge of the juvenile court;
(v) Any individual, or any public or private agency
or institution, having custody of the juvenile under
court order or providing educational, medical or
mental health services to the juvenile or a
court-approved advocate for the juvenile or any
placement provider or potential placement provider as
determined by the court.
(3) A minor who is the victim or alleged victim in a
juvenile proceeding shall be provided the same confidentiality
regarding disclosure of identity as the minor who is the

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subject of record. Information identifying victims and alleged
victims of sex offenses, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this
Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(4) Relevant information, reports and records shall be made
available to the Department of Juvenile Justice when a juvenile
offender has been placed in the custody of the Department of
Juvenile Justice.
(4.5) Relevant information, reports and records, held by
the Department of Juvenile Justice, including social
investigation, psychological and medical records, of any
juvenile offender, shall be made available to any county
juvenile detention facility or any Illinois Probation
Department, where the subject juvenile offender formerly was in
the custody of the Department of Juvenile Justice, released to
mandatory supervision, released to aftercare, or released to
juvenile parole, and is subsequently ordered to be held in a
county juvenile detention facility, or ordered to be supervised
by a county or circuit Probation Department.
(5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian

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and counsel shall at all times have the right to examine court
files and records.
(a) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(i) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the act was
committed and the adjudication of delinquency was
based upon the minor's commission of: (A) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (B) an act
involving the use of a firearm in the commission of a
felony, (C) an act that would be a Class X felony
offense under or the minor's second or subsequent Class
2 or greater felony offense under the Cannabis Control
Act if committed by an adult, (D) an act that would be
a second or subsequent offense under Section 402 of the
Illinois Controlled Substances Act if committed by an
adult, (E) an act that would be an offense under
Section 401 of the Illinois Controlled Substances Act
if committed by an adult, or (F) an act that would be

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an offense under the Methamphetamine Control and
Community Protection Act if committed by an adult.
(b) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-805, under either of
the following circumstances:
(i) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual
assault,
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the offense
was committed and the conviction was based upon the
minor's commission of: (A) an offense in furtherance of
the commission of a felony as a member of or on behalf
of a criminal street gang, (B) an offense involving the
use of a firearm in the commission of a felony, (C) a
Class X felony offense under the Cannabis Control Act
or a second or subsequent Class 2 or greater felony
offense under the Cannabis Control Act, (D) a second or
subsequent offense under Section 402 of the Illinois
Controlled Substances Act, (E) an offense under
Section 401 of the Illinois Controlled Substances Act,
or (F) an offense under the Methamphetamine Control and

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Community Protection Act.
(6) Nothing in this Section shall be construed to limit the
use of a adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
(7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining the
character and fitness of an applicant for a position as a law
enforcement officer to ascertain whether that applicant was
ever adjudicated to be a delinquent minor and, if so, to
examine the records or evidence which were made in proceedings
under this Act.
(8) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the sentencing order to the principal
or chief administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance counselor
designated by him or her.
(9) Nothing contained in this Act prevents the sharing or

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disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(11) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(12) Information or records may be disclosed to the general
public when the court is conducting hearings under Section
5-805 or 5-810.
(13) The changes made to this Section by Public Act 98-61
apply to juvenile court records of 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.)
Section 99. Effective date. This Act takes effect upon
becoming law.