Public Act 095-1031
 		





SB2275 Enrolled
LRB095 17559 RLC 45906 b






    AN ACT in relation to minors. 

 
    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 5-105 and 5-120 and  by adding Section 5-121 
as follows:
 



    (705 ILCS 405/5-105)



    Sec. 5-105. Definitions. As used in this Article:

    (1) "Court" means the circuit court in a session or 
division
assigned to hear proceedings under this Act, and 
includes the term Juvenile
Court.

    (2) "Community service" means uncompensated labor for a 
community service
agency as hereinafter defined.

    (2.5) "Community service agency" means a not-for-profit 
organization,
community
organization, church, charitable 
organization, individual, public office,
or other public body 
whose purpose is to enhance
the physical or mental health of a 
delinquent minor or to rehabilitate the
minor, or to improve 
the environmental quality or social welfare of the
community 
which agrees to accept community service from juvenile 
delinquents
and to report on the progress of the community 
service to the State's
Attorney pursuant to an agreement or to 
the court or to any agency designated
by the court or to the 
authorized diversion program that has referred the
delinquent 
minor for community service. 

    (3) "Delinquent minor" means any minor who prior to his or 
her 17th birthday
has
violated or attempted to violate, 
regardless of where the act occurred, any
federal or State law, 
county or municipal ordinance, and any minor who prior to his 
or her 18th birthday has violated or attempted to violate, 
regardless of where the act occurred, any federal, State, 
county or municipal law or ordinance classified as a 
misdemeanor offense.

    (4) "Department" means the Department of Human Services 
unless specifically
referenced as another department.

    (5) "Detention" means the temporary care of a minor who is 
alleged to be or
has been adjudicated
delinquent and who 
requires secure custody for the minor's own
protection or the 
community's protection in a facility designed to physically

restrict the minor's movements, pending disposition by the 
court or
execution of an order of the court for placement or 
commitment.  Design
features that physically restrict movement 
include, but are not limited to,
locked rooms and the secure 
handcuffing of a minor to a rail or other
stationary object.  In 
addition, "detention" includes the court ordered
care of an 
alleged or adjudicated delinquent minor who requires secure

custody pursuant to Section 5-125 of this Act.

    (6) "Diversion" means the referral of a juvenile, without 
court
intervention,
into a program that provides services 
designed to educate the juvenile and
develop a productive and 
responsible approach to living in the community.

    (7) "Juvenile detention home" means a public facility with 
specially trained
staff that conforms to the county juvenile 
detention standards promulgated by
the Department of 
Corrections.

    (8) "Juvenile justice continuum" means a set of delinquency 
prevention
programs and services designed for the purpose of 
preventing or reducing
delinquent acts, including criminal 
activity by youth gangs, as well as
intervention, 
rehabilitation, and prevention services targeted at minors who

have committed delinquent acts,
and minors who have previously 
been committed to residential treatment programs
for 
delinquents.  The term includes children-in-need-of-services 
and
families-in-need-of-services programs; aftercare and 
reentry services;
substance abuse and mental health programs;

community service programs; community service
work programs; 
and alternative-dispute resolution programs serving

youth-at-risk of delinquency and their families, whether 
offered or delivered
by State or
local governmental entities, 
public or private for-profit or not-for-profit
organizations, 
or religious or charitable organizations.  This term would also

encompass any program or service consistent with the purpose of 
those programs
and services enumerated in this subsection.

    (9) "Juvenile police officer" means a sworn police officer 
who has completed
a Basic Recruit Training Course, has been 
assigned to the position of juvenile
police officer by his or 
her chief law enforcement officer and has completed
the 
necessary juvenile officers training as prescribed by the 
Illinois Law
Enforcement Training Standards Board, or in the 
case of a State police officer,
juvenile officer training 
approved by the Director of State
Police.

    (10) "Minor" means a person under the age of 21 years 
subject to this Act.

    (11) "Non-secure custody" means confinement where the 
minor is not
physically
restricted by being placed in a locked 
cell or room, by being handcuffed to a
rail or other stationary 
object, or by other means.  Non-secure custody may
include, but 
is not limited to, electronic monitoring, foster home 
placement,
home confinement, group home placement, or physical 
restriction of movement or
activity solely through facility 
staff.

    (12) "Public or community service" means uncompensated 
labor for a
not-for-profit organization
or public body whose 
purpose is to enhance physical or mental stability of the

offender, environmental quality or the social welfare and which 
agrees to
accept public or community service from offenders and 
to report on the progress
of the offender and the public or 
community service to the court or to the
authorized diversion 
program that has referred the offender for public or
community

service.

    (13) "Sentencing hearing" means a hearing to determine 
whether a minor
should
be adjudged a ward of the court, and to 
determine what sentence should be
imposed on the minor.  It is 
the intent of the General Assembly that the term
"sentencing 
hearing" replace the term "dispositional hearing" and be 
synonymous
with that definition as it was used in the Juvenile 
Court Act of 1987.

    (14) "Shelter" means the temporary care of a minor in 
physically
unrestricting facilities pending court disposition 
or execution of court order
for placement.

    (15) "Site" means a not-for-profit organization, public

body, church, charitable organization, or individual agreeing 
to
accept
community service from offenders and to report on the 
progress of ordered or
required public or community service to 
the court or to the authorized
diversion program that has 
referred the offender for public or community
service.

    (16) "Station adjustment" means the informal or formal 
handling of an
alleged
offender by a juvenile police officer.

    (17) "Trial" means a hearing to determine whether the 
allegations of a
petition under Section 5-520 that a minor is 
delinquent are proved beyond a
reasonable doubt.  It is the 
intent of the General Assembly that the term
"trial" replace 
the term "adjudicatory hearing" and be synonymous with that

definition as it was used in the Juvenile Court Act of 1987.

(Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)

 



    (705 ILCS 405/5-120)



    Sec. 5-120. Exclusive jurisdiction. Proceedings may be 
instituted under the provisions of this Article concerning
any 
minor who prior to the minor's 17th birthday has violated or 
attempted
to violate, regardless of where the act occurred, any 
federal or State law or
municipal or county ordinance, and any 
minor who prior to his or her 18th birthday has violated or 
attempted to violate, regardless of where the act occurred, any 
federal, State, county or municipal law or ordinance classified 
as a misdemeanor offense.  If before trial or plea, an 
information or indictment is filed that includes one or more 
charges under the criminal laws of this State and additional 
charges that are classified as misdemeanors that are subject to 
proceedings under this Act, all of the charges arising out of 
the same incident shall be prosecuted under the criminal laws 
of this State.  If after trial or plea the court finds that the 
minor committed an offense that is solely classified as a 
misdemeanor, the court must proceed under Section 5-705 and 
5-710 of this Act. Except as provided in Sections 5-125, 5-130,

5-805, and 5-810 of this Article, no minor who was under 17 
years of age at the
time of the alleged offense may be 
prosecuted under the criminal laws of this
State.

(Source: P.A. 90-590, eff. 1-1-99.)

 
    (705 ILCS 405/5-121  new)
    Sec. 5-121. Illinois Juvenile Jurisdiction Task Force.
    (a)  The General Assembly finds that:
        (1) 37 other states and the District of Columbia, the 
    Federal Government, and nearly every other nation in the 
    world use 18 as the age of juvenile court jurisdiction; and
        (2) the Legislature of Connecticut voted last year to 
    raise the age to 18 for juvenile court; and
        (3) recent research on adolescent brain development 
    reveals that the center of the brain that controls 
    reasoning and impulsivity is not fully developed until the 
    early twenties; and
        (4) research consistently documents that trying youth 
    age 17 in the adult court disproportionately impacts 
    minority youth.
    (b)
The Illinois Juvenile Jurisdiction Task Force is hereby 
created within the Department of Juvenile Justice.   The mission 
of the Illinois Juvenile Jurisdiction Task Force is to study 
the impact of, develop timelines and propose a  funding 
structure to accommodate the expansion of the jurisdiction of 
the Illinois Juvenile Court to include youth age 17 under the 
jurisdiction of this Act.
    (c) The Illinois Juvenile Jurisdiction Task Force shall 
consist of the following members:
        (1)  one member appointed by the President of the 
    Senate;
        (2)  one member appointed by the Minority Leader of the 
    Senate;
        (3)  one member appointed by the Speaker of the House;
        (4) one member appointed by the Minority Leader of the 
    House;
        (5)  one member appointed by the Governor;
        (6)  the Director of Juvenile Justice or his or her 
    designee;
        (7) the Director of the Administrative Office of 
    Illinois Courts or his or her designee;
        (8) the Cook County State's Attorney or his or her 
    designee;
        (9)  the Cook County Public Defender or his or her 
    designee;
        (10) the Director of the Office of the State's 
    Attorneys Appellate Prosecutor or his or her designee;
        (11) the State Appellate Defender or his or her 
    designee;
        (12) the Chair of the Illinois Juvenile Justice 
    Commission;
        (13)  the Chair of the Redeploy Illinois Partnership;
        (14) one member appointed by the Governor who is a 
    chairman of a county board; and 
        (15) one member appointed by the President of the 
    Illinois Probation and Court Services Association. 
    (d) The Task Force shall appoint a chairperson from among 
its members.   If a vacancy occurs in the Task Force membership, 
the vacancy shall be filled in the same manner as the initial 
appointment.
    (e) Members of the Illinois Juvenile Jurisdiction Task 
Force shall serve without compensation.
    (f) The Illinois Juvenile Jurisdiction Task Force may begin 
to conduct business upon the appointment of a majority of its 
members.
    (g)  The Task Force shall submit a report by January 1, 2010 
to the General Assembly with recommendations on extending 
juvenile court jurisdiction to youth age 17 charged with felony 
offenses. 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law, except that the amendatory changes to Sections 
5-105 and 5-120 of the Juvenile Court Act of 1987 take effect 
January 1, 2010.