103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4776
 
Introduced , by Rep. Will Guzzardi
 
SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-710
705 ILCS 405/5-750
 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.


LRB103 36942 JRC 67056 b


 
 
A BILL FOR
 
HB4776LRB103 36942 JRC 67056 b


1 AN ACT concerning minors.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Sections 5-710 and 5-750 as follows:

6 (705 ILCS 405/5-710)
7 Sec. 5-710. Kinds of sentencing orders. 
8 (1) The following kinds of sentencing orders may be made 
9in respect of wards of the court:
10  (a) Except as provided in Sections 5-805, 5-810, and 
11 5-815, a minor who is found guilty under Section 5-620 may 
12 be:
13   (i) put on probation or conditional discharge and 
14 released to the minor's parents, guardian or legal 
15 custodian, provided, however, that any such minor who 
16 is not committed to the Department of Juvenile Justice 
17 under this subsection and who is found to be a 
18 delinquent for an offense which is first degree 
19 murder, a Class X felony, or a forcible felony shall be 
20 placed on probation;
21   (ii) placed in accordance with Section 5-740, with 
22 or without also being put on probation or conditional 
23 discharge;
 
 
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1   (iii) required to undergo a substance abuse 
2 assessment conducted by a licensed provider and 
3 participate in the indicated clinical level of care; 
4   (iv) on and after January 1, 2015 (the effective 
5 date of Public Act 98-803) and before January 1, 2017, 
6 placed in the guardianship of the Department of 
7 Children and Family Services, but only if the 
8 delinquent minor is under 16 years of age or, pursuant 
9 to Article II of this Act, a minor under the age of 18 
10 for whom an independent basis of abuse, neglect, or 
11 dependency exists. On and after January 1, 2017, 
12 placed in the guardianship of the Department of 
13 Children and Family Services, but only if the 
14 delinquent minor is under 15 years of age or, pursuant 
15 to Article II of this Act, a minor for whom an 
16 independent basis of abuse, neglect, or dependency 
17 exists. An independent basis exists when the 
18 allegations or adjudication of abuse, neglect, or 
19 dependency do not arise from the same facts, incident, 
20 or circumstances which give rise to a charge or 
21 adjudication of delinquency;
22   (v) placed in detention for a period not to exceed 
23 30 days, either as the exclusive order of disposition 
24 or, where appropriate, in conjunction with any other 
25 order of disposition issued under this paragraph, 
26 provided that any such detention shall be in a 
 
 
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1 juvenile detention home and the minor so detained 
2 shall be 10 years of age or older. However, the 30-day 
3 limitation may be extended by further order of the 
4 court for a minor under age 15 committed to the 
5 Department of Children and Family Services if the 
6 court finds that the minor is a danger to the minor or 
7 others. The minor shall be given credit on the 
8 sentencing order of detention for time spent in 
9 detention under Sections 5-501, 5-601, 5-710, or 5-720 
10 of this Article as a result of the offense for which 
11 the sentencing order was imposed. The court may grant 
12 credit on a sentencing order of detention entered 
13 under a violation of probation or violation of 
14 conditional discharge under Section 5-720 of this 
15 Article for time spent in detention before the filing 
16 of the petition alleging the violation. A minor shall 
17 not be deprived of credit for time spent in detention 
18 before the filing of a violation of probation or 
19 conditional discharge alleging the same or related act 
20 or acts. The limitation that the minor shall only be 
21 placed in a juvenile detention home does not apply as 
22 follows:
23   Persons 18 years of age and older who have a 
24 petition of delinquency filed against them may be 
25 confined in an adult detention facility. In making a 
26 determination whether to confine a person 18 years of 
 
 
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1 age or older who has a petition of delinquency filed 
2 against the person, these factors, among other 
3 matters, shall be considered:
4    (A) the age of the person;
5    (B) any previous delinquent or criminal 
6 history of the person;
7    (C) any previous abuse or neglect history of 
8 the person;
9    (D) any mental health history of the person; 
10 and
11    (E) any educational history of the person;
12   (vi) ordered partially or completely emancipated 
13 in accordance with the provisions of the Emancipation 
14 of Minors Act;
15   (vii) subject to having the minor's driver's 
16 license or driving privileges suspended for such time 
17 as determined by the court but only until the minor 
18 attains 18 years of age;
19   (viii) put on probation or conditional discharge 
20 and placed in detention under Section 3-6039 of the 
21 Counties Code for a period not to exceed the period of 
22 incarceration permitted by law for adults found guilty 
23 of the same offense or offenses for which the minor was 
24 adjudicated delinquent, and in any event no longer 
25 than upon attainment of age 21; this subdivision 
26 (viii) notwithstanding any contrary provision of the 
 
 
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1 law; 
2   (ix) ordered to undergo a medical or other 
3 procedure to have a tattoo symbolizing allegiance to a 
4 street gang removed from the minor's body; or
5   (x) placed in electronic monitoring or home 
6 detention under Part 7A of this Article.
7  (b) A minor found to be guilty may be committed to the 
8 Department of Juvenile Justice under Section 5-750 if the 
9 minor is at least 14 13 years and under 20 years of age, 
10 provided that the commitment to the Department of Juvenile 
11 Justice shall be made only if the minor was found guilty of 
12 a felony offense or first degree murder. The court shall 
13 include in the sentencing order any pre-custody credits 
14 the minor is entitled to under Section 5-4.5-100 of the 
15 Unified Code of Corrections. The time during which a minor 
16 is in custody before being released upon the request of a 
17 parent, guardian or legal custodian shall also be 
18 considered as time spent in custody.
19  (c) When a minor is found to be guilty for an offense 
20 which is a violation of the Illinois Controlled Substances 
21 Act, the Cannabis Control Act, or the Methamphetamine 
22 Control and Community Protection Act and made a ward of 
23 the court, the court may enter a disposition order 
24 requiring the minor to undergo assessment, counseling or 
25 treatment in a substance use disorder treatment program 
26 approved by the Department of Human Services.
 
 
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1 (2) Any sentencing order other than commitment to the 
2Department of Juvenile Justice may provide for protective 
3supervision under Section 5-725 and may include an order of 
4protection under Section 5-730.
5 (3) Unless the sentencing order expressly so provides, it 
6does not operate to close proceedings on the pending petition, 
7but is subject to modification until final closing and 
8discharge of the proceedings under Section 5-750.
9 (4) In addition to any other sentence, the court may order 
10any minor found to be delinquent to make restitution, in 
11monetary or non-monetary form, under the terms and conditions 
12of Section 5-5-6 of the Unified Code of Corrections, except 
13that the "presentencing hearing" referred to in that Section 
14shall be the sentencing hearing for purposes of this Section. 
15The parent, guardian or legal custodian of the minor may be 
16ordered by the court to pay some or all of the restitution on 
17the minor's behalf, pursuant to the Parental Responsibility 
18Law. The State's Attorney is authorized to act on behalf of any 
19victim in seeking restitution in proceedings under this 
20Section, up to the maximum amount allowed in Section 5 of the 
21Parental Responsibility Law.
22 (5) Any sentencing order where the minor is committed or 
23placed in accordance with Section 5-740 shall provide for the 
24parents or guardian of the estate of the minor to pay to the 
25legal custodian or guardian of the person of the minor such 
26sums as are determined by the custodian or guardian of the 
 
 
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1person of the minor as necessary for the minor's needs. The 
2payments may not exceed the maximum amounts provided for by 
3Section 9.1 of the Children and Family Services Act. 
4 (6) Whenever the sentencing order requires the minor to 
5attend school or participate in a program of training, the 
6truant officer or designated school official shall regularly 
7report to the court if the minor is a chronic or habitual 
8truant under Section 26-2a of the School Code. Notwithstanding 
9any other provision of this Act, in instances in which 
10educational services are to be provided to a minor in a 
11residential facility where the minor has been placed by the 
12court, costs incurred in the provision of those educational 
13services must be allocated based on the requirements of the 
14School Code. 
15 (7) In no event shall a guilty minor be committed to the 
16Department of Juvenile Justice for a period of time in excess 
17of that period for which an adult could be committed for the 
18same act. The court shall include in the sentencing order a 
19limitation on the period of confinement not to exceed the 
20maximum period of imprisonment the court could impose under 
21Chapter V of the Unified Code of Corrections. 
22 (7.5) In no event shall a guilty minor be committed to the 
23Department of Juvenile Justice or placed in detention when the 
24act for which the minor was adjudicated delinquent would not 
25be illegal if committed by an adult. 
26 (7.6) In no event shall a guilty minor be committed to the 
 
 
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1Department of Juvenile Justice for an offense which is a Class 
24 felony under Section 19-4 (criminal trespass to a 
3residence), 21-1 (criminal damage to property), 21-1.01 
4(criminal damage to government supported property), 21-1.3 
5(criminal defacement of property), 26-1 (disorderly conduct), 
6or 31-4 (obstructing justice) of the Criminal Code of 2012. 
7 (7.75) In no event shall a guilty minor be committed to the 
8Department of Juvenile Justice for an offense that is a Class 3 
9or Class 4 felony violation of the Illinois Controlled 
10Substances Act unless the commitment occurs upon a third or 
11subsequent judicial finding of a violation of probation for 
12substantial noncompliance with court-ordered treatment or 
13programming.
14 (8) A minor found to be guilty for reasons that include a 
15violation of Section 21-1.3 of the Criminal Code of 1961 or the 
16Criminal Code of 2012 shall be ordered to perform community 
17service for not less than 30 and not more than 120 hours, if 
18community service is available in the jurisdiction. The 
19community service shall include, but need not be limited to, 
20the cleanup and repair of the damage that was caused by the 
21violation or similar damage to property located in the 
22municipality or county in which the violation occurred. The 
23order may be in addition to any other order authorized by this 
24Section. Community service shall not interfere with the school 
25hours, school-related activities, or work commitments of the 
26minor or the minor's parent, guardian, or legal custodian. 
 
 
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1 (8.5) A minor found to be guilty for reasons that include a 
2violation of Section 3.02 or Section 3.03 of the Humane Care 
3for Animals Act or paragraph (d) of subsection (1) of Section 
421-1 of the Criminal Code of 1961 or paragraph (4) of 
5subsection (a) of Section 21-1 of the Criminal Code of 2012 
6shall be ordered to undergo medical or psychiatric treatment 
7rendered by a psychiatrist or psychological treatment rendered 
8by a clinical psychologist. The order may be in addition to any 
9other order authorized by this Section.
10 (9) In addition to any other sentencing order, the court 
11shall order any minor found to be guilty for an act which would 
12constitute, predatory criminal sexual assault of a child, 
13aggravated criminal sexual assault, criminal sexual assault, 
14aggravated criminal sexual abuse, or criminal sexual abuse if 
15committed by an adult to undergo medical testing to determine 
16whether the defendant has any sexually transmissible disease 
17including a test for infection with human immunodeficiency 
18virus (HIV) or any other identified causative agency of 
19acquired immunodeficiency syndrome (AIDS). Any medical test 
20shall be performed only by appropriately licensed medical 
21practitioners and may include an analysis of any bodily fluids 
22as well as an examination of the minor's person. Except as 
23otherwise provided by law, the results of the test shall be 
24kept strictly confidential by all medical personnel involved 
25in the testing and must be personally delivered in a sealed 
26envelope to the judge of the court in which the sentencing 
 
 
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1order was entered for the judge's inspection in camera. Acting 
2in accordance with the best interests of the victim and the 
3public, the judge shall have the discretion to determine to 
4whom the results of the testing may be revealed. The court 
5shall notify the minor of the results of the test for infection 
6with the human immunodeficiency virus (HIV). The court shall 
7also notify the victim if requested by the victim, and if the 
8victim is under the age of 15 and if requested by the victim's 
9parents or legal guardian, the court shall notify the victim's 
10parents or the legal guardian, of the results of the test for 
11infection with the human immunodeficiency virus (HIV). The 
12court shall provide information on the availability of HIV 
13testing and counseling at the Department of Public Health 
14facilities to all parties to whom the results of the testing 
15are revealed. The court shall order that the cost of any test 
16shall be paid by the county.
17 (10) When a court finds a minor to be guilty the court 
18shall, before entering a sentencing order under this Section, 
19make a finding whether the offense committed either: (a) was 
20related to or in furtherance of the criminal activities of an 
21organized gang or was motivated by the minor's membership in 
22or allegiance to an organized gang, or (b) involved a 
23violation of subsection (a) of Section 12-7.1 of the Criminal 
24Code of 1961 or the Criminal Code of 2012, a violation of any 
25Section of Article 24 of the Criminal Code of 1961 or the 
26Criminal Code of 2012, or a violation of any statute that 
 
 
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1involved the wrongful use of a firearm. If the court 
2determines the question in the affirmative, and the court does 
3not commit the minor to the Department of Juvenile Justice, 
4the court shall order the minor to perform community service 
5for not less than 30 hours nor more than 120 hours, provided 
6that community service is available in the jurisdiction and is 
7funded and approved by the county board of the county where the 
8offense was committed. The community service shall include, 
9but need not be limited to, the cleanup and repair of any 
10damage caused by a violation of Section 21-1.3 of the Criminal 
11Code of 1961 or the Criminal Code of 2012 and similar damage to 
12property located in the municipality or county in which the 
13violation occurred. When possible and reasonable, the 
14community service shall be performed in the minor's 
15neighborhood. This order shall be in addition to any other 
16order authorized by this Section except for an order to place 
17the minor in the custody of the Department of Juvenile 
18Justice. Community service shall not interfere with the school 
19hours, school-related activities, or work commitments of the 
20minor or the minor's parent, guardian, or legal custodian. For 
21the purposes of this Section, "organized gang" has the meaning 
22ascribed to it in Section 10 of the Illinois Streetgang 
23Terrorism Omnibus Prevention Act.
24 (11) If the court determines that the offense was 
25committed in furtherance of the criminal activities of an 
26organized gang, as provided in subsection (10), and that the 
 
 
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1offense involved the operation or use of a motor vehicle or the 
2use of a driver's license or permit, the court shall notify the 
3Secretary of State of that determination and of the period for 
4which the minor shall be denied driving privileges. If, at the 
5time of the determination, the minor does not hold a driver's 
6license or permit, the court shall provide that the minor 
7shall not be issued a driver's license or permit until the 
8minor's 18th birthday. If the minor holds a driver's license 
9or permit at the time of the determination, the court shall 
10provide that the minor's driver's license or permit shall be 
11revoked until the minor's 21st birthday, or until a later date 
12or occurrence determined by the court. If the minor holds a 
13driver's license at the time of the determination, the court 
14may direct the Secretary of State to issue the minor a judicial 
15driving permit, also known as a JDP. The JDP shall be subject 
16to the same terms as a JDP issued under Section 6-206.1 of the 
17Illinois Vehicle Code, except that the court may direct that 
18the JDP be effective immediately. 
19 (12) (Blank).
20 (13) Fines and assessments, including any fee or 
21administrative cost authorized under Section 5-4.5-105, 
225-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the 
23Unified Code of Corrections, relating to any sentencing order 
24shall not be ordered or imposed on a minor or the minor's 
25parent, guardian, or legal custodian. The inability of a 
26minor, or minor's parent, guardian, or legal custodian, to 
 
 
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1cover the costs associated with an appropriate sentencing 
2order shall not be the basis for the court to enter a 
3sentencing order incongruent with the court's findings 
4regarding the offense on which the minor was adjudicated or 
5the mitigating factors. 
6(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23; 
7103-379, eff. 7-28-23; revised 8-25-23.)

8 (705 ILCS 405/5-750)
9 Sec. 5-750. Commitment to the Department of Juvenile 
10Justice.
11 (1) Except as provided in subsection (2) of this Section, 
12when any delinquent has been adjudged a ward of the court under 
13this Act, the court may commit the minor to the Department of 
14Juvenile Justice, if it finds that (a) the minor's parents, 
15guardian or legal custodian are unfit or are unable, for some 
16reason other than financial circumstances alone, to care for, 
17protect, train or discipline the minor, or are unwilling to do 
18so, and the best interests of the minor and the public will not 
19be served by placement under Section 5-740, or it is necessary 
20to ensure the protection of the public from the consequences 
21of criminal activity of the delinquent; and (b) commitment to 
22the Department of Juvenile Justice is the least restrictive 
23alternative based on evidence that efforts were made to locate 
24less restrictive alternatives to secure confinement and the 
25reasons why efforts were unsuccessful in locating a less 
 
 
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1restrictive alternative to secure confinement. Before the 
2court commits a minor to the Department of Juvenile Justice, 
3it shall make a finding that secure confinement is necessary, 
4following a review of the following individualized factors: 
5  (A) Age of the minor.
6  (B) Criminal background of the minor.
7  (C) Review of results of any assessments of the minor, 
8 including child centered assessments such as the CANS.
9  (D) Educational background of the minor, indicating 
10 whether the minor has ever been assessed for a learning 
11 disability, and if so what services were provided as well 
12 as any disciplinary incidents at school.
13  (E) Physical, mental and emotional health of the 
14 minor, indicating whether the minor has ever been 
15 diagnosed with a health issue and if so what services were 
16 provided and whether the minor was compliant with 
17 services.
18  (F) Community based services that have been provided 
19 to the minor, and whether the minor was compliant with the 
20 services, and the reason the services were unsuccessful.
21  (G) Services within the Department of Juvenile Justice 
22 that will meet the individualized needs of the minor.
23 (1.5) Before the court commits a minor to the Department 
24of Juvenile Justice, the court must find reasonable efforts 
25have been made to prevent or eliminate the need for the minor 
26to be removed from the home, or reasonable efforts cannot, at 
 
 
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1this time, for good cause, prevent or eliminate the need for 
2removal, and removal from home is in the best interests of the 
3minor, the minor's family, and the public. 
4 (2) When a minor of the age of at least 14 13 years is 
5adjudged delinquent for the offense of first degree murder, 
6the court shall declare the minor a ward of the court and order 
7the minor committed to the Department of Juvenile Justice 
8until the minor's 21st birthday, without the possibility of 
9aftercare release, furlough, or non-emergency authorized 
10absence for a period of 5 years from the date the minor was 
11committed to the Department of Juvenile Justice, except that 
12the time that a minor spent in custody for the instant offense 
13before being committed to the Department of Juvenile Justice 
14shall be considered as time credited towards that 5 year 
15period. Upon release from a Department facility, a minor 
16adjudged delinquent for first degree murder shall be placed on 
17aftercare release until the age of 21, unless sooner 
18discharged from aftercare release or custodianship is 
19otherwise terminated in accordance with this Act or as 
20otherwise provided for by law. Nothing in this subsection (2) 
21shall preclude the State's Attorney from seeking to prosecute 
22a minor as an adult as an alternative to proceeding under this 
23Act.
24 (3) Except as provided in subsection (2), the commitment 
25of a delinquent to the Department of Juvenile Justice shall be 
26for an indeterminate term which shall automatically terminate 
 
 
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1upon the delinquent attaining the age of 21 years or upon 
2completion of that period for which an adult could be 
3committed for the same act, whichever occurs sooner, unless 
4the delinquent is sooner discharged from aftercare release or 
5custodianship is otherwise terminated in accordance with this 
6Act or as otherwise provided for by law.
7 (3.5) Every delinquent minor committed to the Department 
8of Juvenile Justice under this Act shall be eligible for 
9aftercare release without regard to the length of time the 
10minor has been confined or whether the minor has served any 
11minimum term imposed. Aftercare release shall be administered 
12by the Department of Juvenile Justice, under the direction of 
13the Director. Unless sooner discharged, the Department of 
14Juvenile Justice shall discharge a minor from aftercare 
15release upon completion of the following aftercare release 
16terms: 
17  (a) One and a half years from the date a minor is 
18 released from a Department facility, if the minor was 
19 committed for a Class X felony;
20  (b) One year from the date a minor is released from a 
21 Department facility, if the minor was committed for a 
22 Class 1 or 2 felony; and
23  (c) Six months from the date a minor is released from a 
24 Department facility, if the minor was committed for a 
25 Class 3 felony or lesser offense. 
26 (4) When the court commits a minor to the Department of 
 
 
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1Juvenile Justice, it shall order the minor conveyed forthwith 
2to the appropriate reception station or other place designated 
3by the Department of Juvenile Justice, and shall appoint the 
4Director of Juvenile Justice legal custodian of the minor. The 
5clerk of the court shall issue to the Director of Juvenile 
6Justice a certified copy of the order, which constitutes proof 
7of the Director's authority. No other process need issue to 
8warrant the keeping of the minor.
9 (5) If a minor is committed to the Department of Juvenile 
10Justice, the clerk of the court shall forward to the 
11Department:
12  (a) the sentencing order and copies of committing 
13 petition;
14  (b) all reports;
15  (c) the court's statement of the basis for ordering 
16 the disposition;
17  (d) any sex offender evaluations;
18  (e) any risk assessment or substance abuse treatment 
19 eligibility screening and assessment of the minor by an 
20 agent designated by the State to provide assessment 
21 services for the courts;
22  (f) the number of days, if any, which the minor has 
23 been in custody and for which the minor is entitled to 
24 credit against the sentence, which information shall be 
25 provided to the clerk by the sheriff;
26  (g) any medical or mental health records or summaries 
 
 
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1 of the minor;
2  (h) the municipality where the arrest of the minor 
3 occurred, the commission of the offense occurred, and the 
4 minor resided at the time of commission; 
5  (h-5) a report detailing the minor's criminal history 
6 in a manner and form prescribed by the Department of 
7 Juvenile Justice; 
8  (i) all additional matters which the court directs the 
9 clerk to transmit; and
10  (j) all police reports for sex offenses as defined by 
11 the Sex Offender Management Board Act. 
12 (6) Whenever the Department of Juvenile Justice lawfully 
13discharges from its custody and control a minor committed to 
14it, the Director of Juvenile Justice shall petition the court 
15for an order terminating the minor's custodianship. The 
16custodianship shall terminate automatically 30 days after 
17receipt of the petition unless the court orders otherwise.
18 (7) If, while on aftercare release, a minor committed to 
19the Department of Juvenile Justice who resides in this State 
20is charged under the criminal laws of this State, the criminal 
21laws of any other state, or federal law with an offense that 
22could result in a sentence of imprisonment within the 
23Department of Corrections, the penal system of any state, or 
24the federal Bureau of Prisons, the commitment to the 
25Department of Juvenile Justice and all rights and duties 
26created by that commitment are automatically suspended pending 
 
 
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