HB3155 99TH GENERAL ASSEMBLY

LRB099 06172 RLC 31209 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3155

Introduced , by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-750
730 ILCS 5/3-3-8	from Ch. 38, par. 1003-3-8

Amends the Juvenile Court Act of 1987. Clarifies that a minor, found delinquent for first degree murder, upon release from a Department of Juvenile Justice facility shall be placed on aftercare release until 21 years of age, unless sooner discharged from aftercare release. Amends the Unified Code of Corrections. Provides that the aftercare release time of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 shall be: (1) for an act that if committed by an adult would be a Class 4 felony or lesser offense, 3 months or until the juvenile attains 21 years of age, whichever occurs sooner; (2) for an act that if committed by an adult would be a Class 3 felony, 6 months or until the juvenile attains 21 years of age, whichever occurs sooner; (3) for an act that if committed by an adult would be a Class 2 felony, 12 months or until the juvenile attains 21 years of age, whichever occurs sooner; (4) for an act that if committed by an adult would be a Class 1 felony, 18 months or until the juvenile attains 21 years of age, whichever occurs sooner; and (5) for an act that if committed by an adult would be a Class X felony, 24 months or until the juvenile attains 21 years of age, whichever occurs sooner, unless otherwise provided for by law. Effective immediately.

A BILL FOR

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 5-750 as follows:

(705 ILCS 405/5-750)

Sec. 5-750. Commitment to the Department of Juvenile Justice.

(1) Except as provided in subsection (2) of this Section, when any delinquent has been adjudged a ward of the court under this Act, the court may commit him or her to the Department of Juvenile Justice, if it finds that (a) his or her parents, guardian or legal custodian are unfit or are unable, for some reason other than financial circumstances alone, to care for, protect, train or discipline the minor, or are unwilling to do so, and the best interests of the minor and the public will not be served by placement under Section 5-740, or it is necessary to ensure the protection of the public from the consequences of criminal activity of the delinquent; and (b) commitment to the Department of Juvenile Justice is the least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to secure confinement. Before the court commits a minor to the Department of Juvenile Justice, it shall make a finding that secure confinement is necessary, following a review of the following individualized factors:

(A) Age of the minor.

(B) Criminal background of the minor.

(C) Review of results of any assessments of the minor, including child centered assessments such as the CANS.

(D) Educational background of the minor, indicating whether the minor has ever been assessed for a learning disability, and if so what services were provided as well as any disciplinary incidents at school.

(E) Physical, mental and emotional health of the minor, indicating whether the minor has ever been diagnosed with a health issue and if so what services were provided and whether the minor was compliant with services.

(F) Community based services that have been provided to the minor, and whether the minor was compliant with the services, and the reason the services were unsuccessful.

(G) Services within the Department of Juvenile Justice that will meet the individualized needs of the minor.

(1.5) Before the court commits a minor to the Department of Juvenile Justice, the court must find reasonable efforts have been made to prevent or eliminate the need for the minor to be removed from the home, or reasonable efforts cannot, at this time, for good cause, prevent or eliminate the need for removal, and removal from home is in the best interests of the minor, the minor's family, and the public.

(2) When a minor of the age of at least 13 years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or non-emergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice, except that the time that a minor spent in custody for the instant offense before being committed to the Department of Juvenile Justice shall be considered as time credited towards that 5 year period. The minor upon release from a Department facility shall be placed on aftercare release until 21 years of age, unless sooner discharged from aftercare release as otherwise provided for by law. Nothing in this subsection (2) shall preclude the State's Attorney from seeking to prosecute a minor as an adult as an alternative to proceeding under this Act.

(3) Except as provided in subsection (2), the commitment of a delinquent to the Department of Juvenile Justice shall be for an indeterminate term which shall automatically terminate upon the delinquent attaining the age of 21 years unless the delinquent is sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with this Act or as otherwise provided for by law.

(3.5) Every delinquent minor committed to the Department of Juvenile Justice under this Act shall be eligible for aftercare release without regard to the length of time the minor has been confined or whether the minor has served any minimum term imposed. Aftercare release shall be administered by the Department of Juvenile Justice, under the direction of the Director.

(4) When the court commits a minor to the Department of Juvenile Justice, it shall order him or her conveyed forthwith to the appropriate reception station or other place designated by the Department of Juvenile Justice, and shall appoint the Director of Juvenile Justice legal custodian of the minor. The clerk of the court shall issue to the Director of Juvenile Justice a certified copy of the order, which constitutes proof of the Director's authority. No other process need issue to warrant the keeping of the minor.

(5) If a minor is committed to the Department of Juvenile Justice, the clerk of the court shall forward to the Department:

(a) the disposition ordered;

(b) all reports;

(c) the court's statement of the basis for ordering the disposition; and

(d) all additional matters which the court directs the clerk to transmit.

(6) Whenever the Department of Juvenile Justice lawfully discharges from its custody and control a minor committed to it, the Director of Juvenile Justice shall petition the court for an order terminating his or her custodianship. The custodianship shall terminate automatically 30 days after receipt of the petition unless the court orders otherwise.

(Source: P.A. 97-362, eff. 1-1-12; 98-558, eff. 1-1-14.)

Section 10. The Unified Code of Corrections is amended by changing Section 3-3-8 as follows:

(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)

Sec. 3-3-8. Length of parole, aftercare release, and mandatory supervised release; discharge.)

(a) The length of parole for a person sentenced under the law in effect prior to the effective date of this amendatory Act of 1977 and the length of mandatory supervised release for those sentenced under the law in effect on and after such effective date shall be as set out in Section 5-8-1 unless sooner terminated under paragraph (b) of this Section. The aftercare release period of a juvenile committed to the Department under the Juvenile Court Act or the Juvenile Court Act of 1987 shall be as follows extend until he or she is 21 years of age unless sooner terminated under paragraph (b) of this Section:

(1) for an act that if committed by an adult would be a Class 4 felony or lesser offense, 3 months or until the juvenile attains 21 years of age, whichever occurs sooner;

(2) for an act that if committed by an adult would be a Class 3 felony, 6 months or until the juvenile attains 21 years of age, whichever occurs sooner;

(3) for an act that if committed by an adult would be a Class 2 felony, 12 months or until the juvenile attains 21 years of age, whichever occurs sooner;

(4) for an act that if committed by an adult would be a Class 1 felony, 18 months or until the juvenile attains 21 years of age, whichever occurs sooner; and .

(5) for an act that if committed by an adult would be a Class X felony, 24 months or until the juvenile attains 21 years of age, whichever occurs sooner.

(b) The Prisoner Review Board may enter an order releasing and discharging one from parole, aftercare release, or mandatory supervised release, and his or her commitment to the Department, when it determines that he or she is likely to remain at liberty without committing another offense.

(b-1) Provided that the subject is in compliance with the terms and conditions of his or her parole, aftercare release, or mandatory supervised release, the Prisoner Review Board may reduce the period of a parolee or releasee's parole, aftercare release, or mandatory supervised release by 90 days upon the parolee or releasee receiving a high school diploma or upon passage of high school equivalency testing during the period of his or her parole, aftercare release, or mandatory supervised release. This reduction in the period of a subject's term of parole, aftercare release, or mandatory supervised release shall be available only to subjects who have not previously earned a high school diploma or who have not previously passed high school equivalency testing.

(c) The order of discharge shall become effective upon entry of the order of the Board. The Board shall notify the clerk of the committing court of the order. Upon receipt of such copy, the clerk shall make an entry on the record judgment that the sentence or commitment has been satisfied pursuant to the order.

(d) Rights of the person discharged under this Section shall be restored under Section 5-5-5. This Section is subject to Section 5-750 of the Juvenile Court Act of 1987.

(Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14; 98-718, eff. 1-1-15.)

Section 99. Effective date. This Act takes effect upon becoming law.