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Illinois General Assembly· SB 3942Governor Approved

JUV CT-YOUTH RELEASE, the official text

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SB3942 Enrolled                      LRB104 18091 RLC 31530 b

1  AN ACT concerning courts.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The Juvenile Court Act of 1987 is amended by

5 changing Sections 5-745 and 5-750 as follows:

6  (705 ILCS 405/5-745)

7  (Text of Section before amendment by P.A. 104-107)

8  Sec. 5-745. Court review.

9  (1) The court may require any legal custodian or guardian

10 of the person appointed under this Act, including the

11 Department of Juvenile Justice for youth committed under

12 Section 5-750 of this Act, to report periodically to the court

13 or may cite the legal custodian or guardian into court and

14 require the legal custodian or guardian, or the legal

15 custodian's or guardian's agency, to make a full and accurate

16 report of the doings of the legal custodian, guardian, or

17 agency on behalf of the minor, including efforts to secure

18 post-release placement of the youth after release from the

19 Department's facilities. The legal custodian or guardian,

20 within 10 days after the citation, shall make the report,

21 either in writing verified by affidavit or orally under oath

22 in open court, or otherwise as the court directs. Upon the

23 hearing of the report, the court may remove the legal
    SB3942 Enrolled  -2-                  LRB104 18091 RLC 31530 b

1 custodian or guardian and appoint another in the legal

2 custodian's or guardian's stead or restore the minor to the

3 custody of the minor's parents or former guardian or legal

4 custodian.

5   (2) If the Department of Children and Family Services is

6 appointed legal custodian or guardian of a minor under Section

7 5-740 of this Act, the Department of Children and Family

8 Services shall file updated case plans with the court every 6

9 months. Every agency which has guardianship of a child shall

10 file a supplemental petition for court review, or review by an

11 administrative body appointed or approved by the court and

12 further order within 18 months of the sentencing order and

13 each 18 months thereafter. The petition shall state facts

14 relative to the child's present condition of physical, mental,

15 and emotional health as well as facts relative to the minor's

16 present custodial or foster care. The petition shall be set

17 for hearing and the clerk shall mail 10 days' days notice of

18 the hearing by certified mail, return receipt requested, to

19 the person or agency having the physical custody of the child,

20 the minor and other interested parties unless a written waiver

21 of notice is filed with the petition.

22  If the minor is in the custody of the Illinois Department

23 of Children and Family Services, pursuant to an order entered

24 under this Article, the court shall conduct permanency

25 hearings as set out in subsections (1), (1.5), (1.6), (2),

26 (2.3), (2.4), (2.5), and (3) of Section 2-28 of Article II of
    SB3942 Enrolled          -3-          LRB104 18091 RLC 31530 b

1 this Act.

2   Rights of wards of the court under this Act are

3 enforceable against any public agency by complaints for relief

4 by mandamus filed in any proceedings brought under this Act.

5   (3) The minor or any person interested in the minor may

6 apply to the court for a change in custody of the minor and the

7 appointment of a new custodian or guardian of the person or for

8 the restoration of the minor to the custody of the minor's

9 parents or former guardian or custodian. In the event that the

10 minor has attained 18 years of age and the guardian or

11 custodian petitions the court for an order terminating the

12 minor's guardianship or custody, guardianship or legal custody

13 shall terminate automatically 30 days after the receipt of the

14 petition unless the court orders otherwise. No legal custodian

15 or guardian of the person may be removed without the legal

16 custodian's or guardian's consent until given notice and an

17 opportunity to be heard by the court.

18  (4) If the minor is committed to the Department of

19 Juvenile Justice under Section 5-750 of this Act, the

20 Department shall notify the court in writing of the occurrence

21 of any of the following:

22  (a) a critical incident involving a youth committed to

23  the Department; as used in this paragraph (a), "critical

24  incident" means any incident that involves a serious risk

25  to the life, health, or well-being of the youth and

26  includes, but is not limited to, an accident or suicide
    SB3942 Enrolled       -4-   LRB104 18091 RLC 31530 b

1   attempt resulting in serious bodily harm or

2   hospitalization, psychiatric hospitalization, alleged or

3   suspected abuse, or escape or attempted escape from

4   custody, filed within 10 days of the occurrence;

5   (b) a youth who has been released by the Prisoner

6   Review Board but remains in a Department facility solely

7   because the youth does not have an approved aftercare

8   release host site, filed within 10 days of the occurrence;

9   (c) a youth, except a youth who has been adjudicated a

10  habitual or violent juvenile offender under Section 5-815

11  or 5-820 of this Act or committed for first degree murder,

12  who has been held in a Department facility for over one

13  consecutive year; or

14  (d) if a report has been filed under paragraph (c) of

15  this subsection, a supplemental report shall be filed

16  every 6 months thereafter.

17 The notification required by this subsection (4) shall contain

18 a brief description of the incident or situation and a summary

19 of the youth's current physical, mental, and emotional health

20 and the actions the Department took in response to the

21 incident or to identify an aftercare release host site, as

22 applicable. Upon receipt of the notification, the court may

23 require the Department to make a full report under subsection

24 (1) of this Section.

25  (5) With respect to any report required to be filed with

26 the court under this Section, the Independent Juvenile
    SB3942 Enrolled  -5-       LRB104 18091 RLC 31530 b

 1 Ombudsperson shall provide a copy to the minor's court
 2 appointed guardian ad litem, if the Department has received
 3 written notice of the appointment, and to the minor's
 4 attorney, if the Department has received written notice of
 5 representation from the attorney. If the Department has a
 6 record that a guardian has been appointed for the minor and a
 7 record of the last known address of the minor's court
 8 appointed guardian, the Independent Juvenile Ombudsperson
 9 shall send a notice to the guardian that the report is
10 available and will be provided by the Independent Juvenile
11 Ombudsperson upon request. If the Department has no record
12 regarding the appointment of a guardian for the minor, and the
13 Department's records include the last known addresses of the
14 minor's parents, the Independent Juvenile Ombudsperson shall
15 send a notice to the parents that the report is available and
16 will be provided by the Independent Juvenile Ombudsperson upon
17 request.
18 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25;
19 104-66, eff. 1-1-26; revised 11-21-25.)

20  (Text of Section after amendment by P.A. 104-107)

21  Sec. 5-745. Court review.

22  (1) The court may require any legal custodian or guardian

23 of the person appointed under this Act, including the

24 Department of Juvenile Justice for youth committed under

25 Section 5-750 of this Act, to report periodically to the court
    SB3942 Enrolled  -6-  LRB104 18091 RLC 31530 b

1 or may cite the legal custodian or guardian into court and

2 require the legal custodian or guardian, or the legal

3 custodian's or guardian's agency, to make a full and accurate

4 report of the doings of the legal custodian, guardian, or

5 agency on behalf of the minor, including efforts to secure

6 post-release placement of the youth after release from the

7 Department's facilities. The legal custodian or guardian,

8 within 10 days after the citation, shall make the report,

9 either in writing verified by affidavit or orally under oath

10 in open court, or otherwise as the court directs. Upon the

11 hearing of the report, the court may remove the legal

12 custodian or guardian and appoint another in the legal

13 custodian's or guardian's stead or restore the minor to the

14 custody of the minor's parents or former guardian or legal

15 custodian.

16  (2) If the Department of Children and Family Services is

17 appointed legal custodian or guardian of a minor under Section

18 5-740 of this Act, the Department of Children and Family

19 Services shall file updated case plans with the court every 6

20 months. Every agency which has guardianship of a child shall

21 file a supplemental petition for court review, or review by an

22 administrative body appointed or approved by the court and

23 further order within 18 months of the sentencing order and

24 each 18 months thereafter. The petition shall state facts

25 relative to the child's present condition of physical, mental,

26 and emotional health as well as facts relative to the minor's
    SB3942 Enrolled  -7-                 LRB104 18091 RLC 31530 b

1 present custodial or foster care. The petition shall be set

2 for hearing and the clerk shall mail 10 days' days notice of

3 the hearing by certified mail, return receipt requested, to

4 the person or agency having the physical custody of the child,

5 the minor and other interested parties unless a written waiver

6 of notice is filed with the petition.

7   If the minor is in the custody of the Illinois Department

8 of Children and Family Services, pursuant to an order entered

9 under this Article, the court shall conduct permanency

10 hearings as set out in subsections (1), (1.5), (1.6), (2),

11 (2.3), (2.4), (2.5), and (3) of Section 2-28 of Article II of

12 this Act and Successful Transition to Adulthood Review

13 hearings as set out in Section 2-28.2 of Article II of this

14 Act.

15  Rights of wards of the court under this Act are

16 enforceable against any public agency by complaints for relief

17 by mandamus filed in any proceedings brought under this Act.

18  (3) The minor or any person interested in the minor may

19 apply to the court for a change in custody of the minor and the

20 appointment of a new custodian or guardian of the person or for

21 the restoration of the minor to the custody of the minor's

22 parents or former guardian or custodian. In the event that the

23 minor has attained 18 years of age and the guardian or

24 custodian petitions the court for an order terminating the

25 minor's guardianship or custody, guardianship or legal custody

26 shall terminate automatically 30 days after the receipt of the
    SB3942 Enrolled         -8-          LRB104 18091 RLC 31530 b

1 petition unless the court orders otherwise. No legal custodian

2 or guardian of the person may be removed without the legal

3 custodian's or guardian's consent until given notice and an

4 opportunity to be heard by the court.

5   (4) If the minor is committed to the Department of

6 Juvenile Justice under Section 5-750 of this Act, the

7 Department shall notify the court in writing of the occurrence

8 of any of the following:

9   (a) a critical incident involving a youth committed to

10  the Department; as used in this paragraph (a), "critical

11  incident" means any incident that involves a serious risk

12  to the life, health, or well-being of the youth and

13  includes, but is not limited to, an accident or suicide

14  attempt resulting in serious bodily harm or

15  hospitalization, psychiatric hospitalization, alleged or

16  suspected abuse, or escape or attempted escape from

17  custody, filed within 10 days of the occurrence;

18  (b) a youth who has been released by the Prisoner

19  Review Board but remains in a Department facility solely

20  because the youth does not have an approved aftercare

21  release host site, filed within 10 days of the occurrence;

22  (c) a youth, except a youth who has been adjudicated a

23  habitual or violent juvenile offender under Section 5-815

24  or 5-820 of this Act or committed for first degree murder,

25  who has been held in a Department facility for over one

26  consecutive year; or
    SB3942 Enrolled  -9-        LRB104 18091 RLC 31530 b

1   (d) if a report has been filed under paragraph (c) of

2   this subsection, a supplemental report shall be filed

3   every 6 months thereafter.

4 The notification required by this subsection (4) shall contain

5 a brief description of the incident or situation and a summary

6 of the youth's current physical, mental, and emotional health

7 and the actions the Department took in response to the

8 incident or to identify an aftercare release host site, as

9 applicable. Upon receipt of the notification, the court may

10 require the Department to make a full report under subsection

11 (1) of this Section. Required notification by the court under

12 this Act does not prevent the Department from exercising its

13 release authority under Section 3-2.5-20 of the Unified Code

14 of Corrections. If a youth is released to aftercare

15 supervision prior to the date set by the court for reporting,

16 the Department shall ensure that a report is given to the court

17 that complies with the requirements of this Act. The

18 Department shall also make reasonable efforts to facilitate

19 the youth's appearance in court, if required.

20  (5) With respect to any report required to be filed with

21 the court under this Section, the Independent Juvenile

22 Ombudsperson shall provide a copy to the minor's court

23 appointed guardian ad litem, if the Department has received

24 written notice of the appointment, and to the minor's

25 attorney, if the Department has received written notice of

26 representation from the attorney. If the Department has a
    SB3942 Enrolled       - 10 - LRB104 18091 RLC 31530 b

 1 record that a guardian has been appointed for the minor and a
 2 record of the last known address of the minor's court
 3 appointed guardian, the Independent Juvenile Ombudsperson
 4 shall send a notice to the guardian that the report is
 5 available and will be provided by the Independent Juvenile
 6 Ombudsperson upon request. If the Department has no record
 7 regarding the appointment of a guardian for the minor, and the
 8 Department's records include the last known addresses of the
 9 minor's parents, the Independent Juvenile Ombudsperson shall
10 send a notice to the parents that the report is available and
11 will be provided by the Independent Juvenile Ombudsperson upon
12 request.
13 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25;
14 104-66, eff. 1-1-26; 104-107, eff. 7-1-26; revised 11-21-25.)

15  (705 ILCS 405/5-750)

16  Sec. 5-750. Commitment to the Department of Juvenile

17 Justice.

18  (1) Except as provided in subsection (2) of this Section,

19 when any delinquent has been adjudged a ward of the court under

20 this Act, the court may commit the minor to the Department of

21 Juvenile Justice, if it finds that (a) the minor's parents,

22 guardian or legal custodian are unfit or are unable, for some

23 reason other than financial circumstances alone, to care for,

24 protect, train or discipline the minor, or are unwilling to do

25 so, and the best interests of the minor and the public will not
    SB3942 Enrolled  - 11 - LRB104 18091 RLC 31530 b

1 be served by placement under Section 5-740, or it is necessary

2 to ensure the protection of the public from the consequences

3 of criminal activity of the delinquent; and (b) commitment to

4 the Department of Juvenile Justice is the least restrictive

5 alternative based on evidence that efforts were made to locate

6 less restrictive alternatives to secure confinement and the

7 reasons why efforts were unsuccessful in locating a less

8 restrictive alternative to secure confinement. Before the

9 court commits a minor to the Department of Juvenile Justice,

10 it shall make a finding that secure confinement is necessary,

11 following a review of the following individualized factors:

12  (A) Age of the minor.

13  (B) Criminal background of the minor.

14  (C) Review of results of any assessments of the minor,

15  including child centered assessments such as the CANS.

16  (D) Educational background of the minor, indicating

17  whether the minor has ever been assessed for a learning

18  disability, and if so what services were provided as well

19  as any disciplinary incidents at school.

20  (E) Physical, mental and emotional health of the

21  minor, indicating whether the minor has ever been

22  diagnosed with a health issue and if so what services were

23  provided and whether the minor was compliant with

24  services.

25  (F) Community based services that have been provided

26  to the minor, and whether the minor was compliant with the
    SB3942 Enrolled  - 12 - LRB104 18091 RLC 31530 b

1   services, and the reason the services were unsuccessful.

2   (G) Services within the Department of Juvenile Justice

3   that will meet the individualized needs of the minor.

4   (1.5) Before the court commits a minor to the Department

5 of Juvenile Justice, the court must find reasonable efforts

6 have been made to prevent or eliminate the need for the minor

7 to be removed from the home, or reasonable efforts cannot, at

8 this time, for good cause, prevent or eliminate the need for

9 removal, and removal from home is in the best interests of the

10 minor, the minor's family, and the public.

11  (2) When a minor of the age of at least 13 years is

12 adjudged delinquent for the offense of first degree murder,

13 the court shall declare the minor a ward of the court and order

14 the minor committed to the Department of Juvenile Justice

15 until the minor's 21st birthday, without the possibility of

16 aftercare release, furlough, or non-emergency authorized

17 absence for a period of 5 years from the date the minor was

18 committed to the Department of Juvenile Justice, except that

19 the time that a minor spent in custody for the instant offense

20 before being committed to the Department of Juvenile Justice

21 shall be considered as time credited towards that 5 year

22 period. Upon release from a Department facility, a minor

23 adjudged delinquent for first degree murder shall be placed on

24 aftercare release until the age of 21, unless sooner

25 discharged from aftercare release or custodianship is

26 otherwise terminated in accordance with this Act or as
    SB3942 Enrolled  - 13 - LRB104 18091 RLC 31530 b

1 otherwise provided for by law. Nothing in this subsection (2)

2 shall preclude the State's Attorney from seeking to prosecute

3 a minor as an adult as an alternative to proceeding under this

4 Act.

5   (3) Except as provided in subsection (2), the commitment

6 of a delinquent to the Department of Juvenile Justice shall be

7 for an indeterminate term which shall automatically terminate

8 upon the delinquent attaining the age of 21 years or upon

9 completion of that period for which an adult could be

10 committed for the same act, whichever occurs sooner, unless

11 the delinquent is sooner discharged from aftercare release or

12 custodianship is otherwise terminated in accordance with this

13 Act or as otherwise provided for by law.

14  (3.5) Every delinquent minor committed to the Department

15 of Juvenile Justice under this Act shall be eligible for

16 aftercare release without regard to the length of time the

17 minor has been confined or whether the minor has served any

18 minimum term imposed. Aftercare release shall be administered

19 by the Department of Juvenile Justice, under the direction of

20 the Director. If the court sets a court date after a youth's

21 anticipated release from a Department facility, this does not

22 prevent the Department from exercising its release authority

23 under Section 3-2.5-20 of the Unified Code of Corrections. If

24 a youth is released to aftercare supervision prior to the date

25 set by the court for the youth's return, the Department shall

26 make reasonable efforts to facilitate the youth's appearance
    SB3942 Enrolled           - 14 - LRB104 18091 RLC 31530 b

1 in court. Unless sooner discharged, the Department of Juvenile

2 Justice shall discharge a minor from aftercare release upon

3 completion of the following aftercare release terms:

4   (a) One and a half years from the date a minor is

5   released from a Department facility, if the minor was

6   committed for a Class X felony;

7   (b) One year from the date a minor is released from a

8   Department facility, if the minor was committed for a

9   Class 1 or 2 felony; and

10  (c) Six months from the date a minor is released from a

11  Department facility, if the minor was committed for a

12  Class 3 felony or lesser offense.

13  (4) When the court commits a minor to the Department of

14 Juvenile Justice, it shall order the minor conveyed forthwith

15 to the appropriate reception station or other place designated

16 by the Department of Juvenile Justice, and shall appoint the

17 Director of Juvenile Justice legal custodian of the minor. The

18 clerk of the court shall issue to the Director of Juvenile

19 Justice a certified copy of the order, which constitutes proof

20 of the Director's authority. No other process need issue to

21 warrant the keeping of the minor.

22  (5) If a minor is committed to the Department of Juvenile

23 Justice, the clerk of the court shall forward to the

24 Department:

25  (a) the sentencing order and copies of committing

26  petition;
    SB3942 Enrolled           - 15 - LRB104 18091 RLC 31530 b

1   (b) all reports;

2   (c) the court's statement of the basis for ordering

3   the disposition;

4   (d) any sex offender evaluations;

5   (e) any risk assessment or substance abuse treatment

6   eligibility screening and assessment of the minor by an

7   agent designated by the State to provide assessment

8   services for the courts;

9   (f) the number of days, if any, which the minor has

10  been in custody and for which the minor is entitled to

11  credit against the sentence, which information shall be

12  provided to the clerk by the sheriff;

13  (g) any medical or mental health records or summaries

14  of the minor;

15  (h) the municipality where the arrest of the minor

16  occurred, the commission of the offense occurred, and the

17  minor resided at the time of commission;

18  (h-5) a report detailing the minor's criminal history

19  in a manner and form prescribed by the Department of

20  Juvenile Justice;

21  (i) all additional matters which the court directs the

22  clerk to transmit; and

23  (j) all police reports for sex offenses as defined by

24  the Sex Offender Management Board Act.

25  (6) Whenever the Department of Juvenile Justice lawfully

26 discharges from its custody and control a minor committed to
   SB3942 Enrolled  - 16 - LRB104 18091 RLC 31530 b

1 it, the Director of Juvenile Justice shall petition the court

2 for an order terminating the minor's custodianship. The

3 custodianship shall terminate automatically 30 days after

4 receipt of the petition unless the court orders otherwise.

5  (7) If, while on aftercare release, a minor committed to

6 the Department of Juvenile Justice who resides in this State

7 is charged under the criminal laws of this State, the criminal

8 laws of any other state, or federal law with an offense that

9 could result in a sentence of imprisonment within the

10 Department of Corrections, the penal system of any state, or

11 the federal Bureau of Prisons, the commitment to the

12 Department of Juvenile Justice and all rights and duties

13 created by that commitment are automatically suspended pending

14 final disposition of the criminal charge. If the minor is

15 found guilty of the criminal charge and sentenced to a term of

16 imprisonment in the penitentiary system of the Department of

17 Corrections, the penal system of any state, or the federal

18 Bureau of Prisons, the commitment to the Department of

19 Juvenile Justice shall be automatically terminated. If the

20 criminal charge is dismissed, the minor is found not guilty,

21 or the minor completes a criminal sentence other than

22 imprisonment within the Department of Corrections, the penal

23 system of any state, or the federal Bureau of Prisons, the

24 previously imposed commitment to the Department of Juvenile

25 Justice and the full aftercare release term shall be

26 automatically reinstated unless custodianship is sooner
   SB3942 Enrolled  - 17 - LRB104 18091 RLC 31530 b

1 terminated. Nothing in this subsection (7) shall preclude the
2 court from ordering another sentence under Section 5-710 of
3 this Act or from terminating the Department's custodianship
4 while the commitment to the Department is suspended.
5 (Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)

6  Section 95. No acceleration or delay. Where this Act makes

7 changes in a statute that is represented in this Act by text

8 that is not yet or no longer in effect (for example, a Section

9 represented by multiple versions), the use of that text does

10 not accelerate or delay the taking effect of (i) the changes

11 made by this Act or (ii) provisions derived from any other

12 Public Act.
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