Legislation

SB2974/HB4639:

Would expand the ability to establish community mediation programs designed to provide citizen participation in addressing juvenile delinquency from only the State’s Attorney or entity designated by the State’s Attorney, to also allow the courts or both the State’s Attorney and the courts to establish these programs.

 

The bill also provides that prior to entering a sentence that, as an alternative to sentencing, the court requires the parties involved consider participation in a restorative practice, such as a conference or a circle as defined in the Code of Civil Procedure, to, among other things, identify and repair harm to the extent possible, address trauma, reduce likelihood of future harm, etc. Participation in these processes would remain voluntary by all parties.

 

HB1406:

Would preclude the court from ordering the automatic expungement of the juvenile court and law enforcement records of a delinquent minor based on an attempt to commit a disqualified offense. (Current law requires juvenile courts and law enforcement records be automatically ordered expunged after 2 years of the case if no delinquency or criminal proceeding is pending, and the person has no subsequent delinquency adjudication or criminal conviction except upon adjudication of a disqualified offense as defined in law.)

 

HB1815:

Would require juvenile law enforcement records of a person who is under 21 years of age who commits an act which, if committed by an adult, would constitute a criminal violation under the Cannabis Control Act or Drug Paraphernalia Control Act with request to cannabis be automatically expunged each year.

 

HB4645:

Would require the Illinois Law Enforcement Training Standards Board set eligibility requirements for juvenile officers employed by local law enforcement agencies, to include completion of an approved training program, and continuing education requirements.

 

HB5020/SB 3210:

Provides that the State’s Attorney may file a written petition, at any time prior to the commencement of the minor’s trial, to designate the proceeding as an extended jurisdiction juvenile prosecution when the petition alleges the commission by a minor 15 (rather than 13) years of age or older of any offense that would be a felony if committed by an adult.

Provides that, upon filing of a petition, the judge shall conduct a hearing to determine whether there is probable cause to believe that the allegations in the petition and motion are true. Provides that a judge may enter an order designing the proceeding as an extended jurisdiction juvenile proceeding if clear and convincing evidence is found to support adult sentencing after evaluation of certain factors, to include: the minor’s age, impetuosity and level of maturity at the time of the offense, any presence of cognitive or developmental disability, or both, and the history of the minor, including the minor’s family, home environment, educational and social background.

 

HB3413:

Provides that when a minor of the age of at least 13 years is adjudged delinquent for an offense involving the illegal use of a firearm in which the firearm was discharged in the commission of the offense, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice (DJJ) until the minor’s 21^st 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 DJJ. The time that a minor spent in custody prior to DJJ commitment for the instant offense shall be considered as time credited towards the 5-year period. Discharged juveniles shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with the law.

 

HB2405:

Provides that the court shall require a minor participate in social service programs offered through juvenile probation and comply with referral recommendations for no less that 3 months if the minor has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and is convicted of a similar subsequent offense. Provides that minors that do not complete the referral recommendations shall be committed to the DJJ. Minors convicted of subsequent offenses involving use of a firearm causing serious injury, great bodily harm, or death shall be committed to the DJJ, with the DJJ providing services, to include, but not limited to, education, mental health services, drug treatment, and mentoring.

 

SB3351/SB2308:

Provides that any person serving as a guard of youth at a DJJ Youth Center be over the age of 21 and have a high school diploma or equivalent (provides that no social work experience of college education is required to serve in this capacity.)

 

HB3010:

Provides that the Administrative Office of Illinois Courts and the DJJ shall adopt necessary administrative rules governing the employment and qualifications of personnel serving in county-operated juvenile detention centers to permit the employment of personnel that possess less than a bachelor’s degree and are otherwise determined to be qualified for the position. Adopted rules will facilitate appropriate training and qualification of county correctional officers to serve within county-operated juvenile detention centers as determined by the county sheriff.

 

HB3415:

Provides that the law enforcement agency of the committing county shall received from the DJJ reasonable written notice not less than 30 days prior to the target release date of a youth from the DJJ.

 

SB1315:

Provides that the Department of Children and Family Services shall reimburse any county probation department for the costs of placement of any youth in care, whether the youth in care is in the custody of a county juvenile detention center or appropriate placement that meets the needs of the youth in care. Costs shall include expenditures for transportation and medical or mental health services at the usual and customary rate.

 

SB1787:

Provides that a proceeding under the Delinquent Minors Article of the Juvenile Court Act, a minor who was 18 (rather than 15) years of age at the time of the commission of an act, that if committed by an adult would be a violation of any offense under Criminal Code of 1961 or 2012 (rather than a homicide offense or criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse) must be represented by counsel throughout the entire custodial interrogation of the minor.

• Provides that in custodial interrogations, a minor may not waive the right to the assistance of counsel.
• Provides that an oral, written, or sign language statement of a minor in custody is presumed inadmissible and, if made without counsel present throughout the entire custodial interrogation of the minor, shall be inadmissible as evidence against the minor in any juvenile court proceeding or criminal proceeding.
• Deletes provision that the presumption of inadmissibility of a statement made by a suspect at a custodial interrogation at a police station or other place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances.

 

HB1762:

Defines a guardian ad litem as either an attorney licensed in Illinois to practice law; or a person who holds at a minimum a bachelor’s degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child’s best interests. Provides that a guardian ad litem must receive training to ensure the guardian ad litem has a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every 6 months.

 

SB3526/HB5270:

Specifies the unfitness standard for a minor. Sets forth procedures to raise the issue of the unfitness of a minor. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a minor. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a minor fit. Specifies time credit and sentencing guidelines for a minor who attains fitness. Provides for the legal disposition of a minor if fitness cannot be attained.

 

Creates the Juvenile Discharge Hearing Task Force to examine the juvenile discharge hearing process, compare Illinois’ process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs.

 

SB275:
Provides that any minor 15 years of age or older arrested or taken into custody under the Act for aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.

 

SB2191:

Provides that if the minor has multiple delinquency petitions filed against him or her, remaining petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors.

 

SB1536:

Provides that if the minor has multiple delinquency petitions filed against him or her, remaining petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors. AND Provides that if the court determines that the State, without success, has exercised due diligence to timely obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may extend the period of detention of the minor to not more than 70 days, only for any matter for which the minor may be committed to the DJJ. Provides that nothing in the trial and pretrial detention provisions of the Act prevents the minor from exercising the minor’s rights to waive the time limits set forth in these provisions. Deletes provision that time needed to prepare a defense to a State motion such as an extended juvenile jurisdiction petition or a transfer petition shall not be considered a delay occasioned by the minor. Makes technical changes in the trial and pretrial detention provisions of the Act.

 

SB3416:

Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders.

 

HB4091:

Provides that when the court places a minor on probation for an offense that involves the possession or discharge of a firearm not causing any injury, and the minor has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury, the probation agency shall: (1) conduct an individualized assessment of the minor’s needs; (2) identify the array of services available in the community where the minor resides that may be appropriate to address the minor’s needs, which may include, but are not limited to, restorative justice programs, social service programs for high-risk youth, cognitive behavioral therapy, family engagement, and mentoring; and (3) share with the minor and the minor’s parent, guardian, or legal custodian information about their options to access services identified under the provision. Provides that the probation agency may recommend to the court that it require the minor to access the services identified in the provision as a condition of probation.

 

HB3521:

Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide. Provides that in any proceeding under this provision, the prosecution shall timely disclose prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a place of detention. Provides that at that time, the prosecution must tender any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and any other evidence the State intends to rely upon to determine the statement’s reliability. Provides that before trial, a defendant may move to exclude a statement alleged to be unreliable. Provides that the defendant shall specifically identify the statement or statements alleged to be unreliable. Provides that at the hearing, it shall be the burden of the prosecutor to prove by a preponderance of the evidence that the statement is reliable. Provides that when deciding a statement’s reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant; (4) whether the defendant recanted the defendant’s statement at any time and the circumstances of that recantation; (5) whether the statement was electronically recorded; and (6) any other information relevant to the reliability of the statement.