HB 1294

Abstract

Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a child. Sets forth procedures to raise the issue of the unfitness of a child. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a child. 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 child fit. Specifies time credit and sentencing guidelines for a child who attains fitness. Provides for the legal disposition of a child if fitness cannot be attained. Contains other provisions. Effective July 1, 2023. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Reinserts the provisions of the introduced bill. Makes technical and grammatical changes in the bill. Provides that no expert employed or contracted by the Department of Human Services shall be ordered to perform, in the expert's official capacity, an initial fitness examination for fitness. Provides that no facility of the Department of Human Services shall be utilized for performing a fitness evaluation. Provides that the child's counsel must be allowed to be present at the evaluation conducted, if requested by the child's counsel. Deletes provision that at the fitness hearing subject to the rules of evidence, matters of admissibility on issue of the child's fitness include, but are not limited to, the unfitness standard provided in these provisions. Provides that when the court orders services to attain fitness, the court shall determine if the child will receive services on an inpatient or outpatient basis. If inpatient, the child shall be placed at a facility approved by the Department of Human Services to provide residential, restoration care and treatment. Provides that if the court orders the child to receive services on an outpatient basis, such services shall be rendered in the community at a program approved by the Department of Human Services. Provides that for a child charged with a misdemeanor, the maximum total period shall be no longer than the length of the sentence that could be imposed if the child were adjudicated delinquent of the misdemeanor offense for which the child was charged, or one year whichever is shorter. Effective July 1, 2023.