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| Public Act 097-0362 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-750 as follows:
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(705 ILCS 405/5-750)
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Sec. 5-750. Commitment to the Department of Juvenile | ||||
Justice.
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(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; (b) it is
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necessary to ensure the protection of the public from the | ||||
consequences of
criminal activity of the delinquent; and (b)
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commitment to the Department of Juvenile Justice is the least
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restrictive alternative based on evidence that efforts were
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made to locate less restrictive alternatives to secure
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confinement and the reasons why efforts were unsuccessful in
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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,
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including child centered assessments such as the CANS. | ||
(D) Educational background of the minor, indicating
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whether the minor has ever been assessed for a learning
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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,
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indicating whether the minor has ever been diagnosed with a
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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
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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
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that will meet the individualized needs of the minor.
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(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 parole, | ||
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
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credited towards that 5 year period. 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.
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(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 parole or custodianship
is | ||
otherwise terminated in accordance with this Act or as | ||
otherwise provided
for by law.
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(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
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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
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warrant the keeping of the minor.
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(5) If a minor is committed to the Department of Juvenile | ||
Justice, the clerk of the court shall forward to the | ||
Department:
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(a) the disposition ordered;
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(b) all reports;
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(c) the court's statement of the basis for ordering the | ||
disposition; and
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(d) all additional matters which the court directs the | ||
clerk to transmit.
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(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
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receipt of the petition unless the court orders otherwise.
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(Source: P.A. 94-696, eff. 6-1-06.)
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