Update on HB3492 - Custody of Juveniles
HB3492 - 104th General Assembly
Replaces everything after the enacting clause. 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 and 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. 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.
Provides that on or after July 1, 2026 and before July 1, 2027, any minor 12 years of age or older arrested pursuant to the Act if 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 in order 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.
Provides that on or after July 1, 2027, minors age 12 years of age and under 13 years of age 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, may be kept or detained in an authorized detention facility.
Provides that no minor under 13 (rather than under 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that instead of detention, minors under the age of 13 who are in conflict with the law may be held accountable through a community mediation program or through other court-ordered intervention services.
Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall provide resources to persons under 18 years of age who have been adjudicated delinquent for a nonviolent crime. Provides that "nonviolent crime" does not include the use or threat of force toward a person.
Creates the Child First Reform Task Force to consider the conditions and administration of individual juvenile detention centers, identify the resources needed to consistently meet the minimum standards set by the Department of Juvenile Justice and the Administrative Office of the Illinois Courts, evaluate complaints arising out of juvenile detention centers, identify best practices to provide detention center care, propose community-based alternatives to juvenile detention, and advise on the creation of the Youth Advisory Agency with youth justice advisors and district youth advisory offices in each circuit court district. Establishes its composition.
Provides that the Department of Juvenile Justice shall provide administrative support for the Task Force.
Provides that the provisions concerning the Task Force are repealed on June 1, 2029. Provides that the Task Force provisions take effect June 1, 2026. Provides that the youth nonviolent crime resource program provisions take effect January 1, 2028.
