Public Act 097-0362
 
HB0083 EnrolledLRB097 05047 RLC 45087 b



    AN ACT concerning courts.

 
    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; (b) 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 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

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.

    (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.

    (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. 94-696, eff. 6-1-06.)