HB 2347

Abstract

Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 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 aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice. House Committee Amendment No. 1 Adds reference to: 20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9 705 ILCS 405/5-410 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Provides that any minor 14 (rather than 10) years of age or older may be kept or detained in an authorized detention facility if the minor is arrested pursuant to the Act and there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of specified factors. Provides that no minor under 14 (instead of 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, if the minor was found guilty of a felony offense or first degree murder. Provides that a minor under the age of 14 who is in violation of the law may be the subject of a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program. House Floor Amendment No. 2 Deletes reference to: 705 ILCS 405/5-710 705 ILCS 405/5-750 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1. Further amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the impact and advisability of raising the minimum age of detention to 14, and develop a process to assist in the implementation of the provisions of the amendatory Act. Further amends the Juvenile Court Act of 1987. Provides that probation and court services shall document and share on a monthly basis with the Illinois Juvenile Justice Commission each instance where alternatives to detention failed or were lacking, including the basis for detention, the providers who were contacted, and the reason alternatives were rejected, lacking, or denied. Provides that instead of detention, minors under the age of 13 who are in conflict with the law may be held accountable through a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program. Provides that on or after July 1, 2025, with the exception of minors age 12 years or older and charged with first degree murder, aggravated criminal sexual assault, aggravated battery in which a firearm was used in the offense, or aggravated vehicular hijacking, any minor 13 years of age or older arrested pursuant to the Act where there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community, or to secure the presence of the minor at the next hearing as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the past 12 months may be kept or detained in an authorized detention facility. Deletes the provisions raising the minimum age from 13 to 14 in which the minor may be committed to the Department of Juvenile Justice.