Sen. Robert Peters

Filed: 10/28/2025

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1 AMENDMENT TO HOUSE BILL 3492

2 AMENDMENT NO. ______. Amend House Bill 3492 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Children and Family Services Act is

5 amended by changing Section 17a-9 as follows:

6 (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)

7 Sec. 17a-9. Illinois Juvenile Justice Commission.

8 (a) There is hereby created the Illinois Juvenile Justice

9 Commission which shall consist of 25 persons appointed by the

10 Governor. The Chairperson of the Commission shall be appointed

11 by the Governor. Of the initial appointees, 8 shall serve a

12 one-year term, 8 shall serve a two-year term and 9 shall serve

13 a three-year term. Thereafter, each successor shall serve a

14 three-year term. Vacancies shall be filled in the same manner

15 as original appointments. Once appointed, members shall serve

16 until their successors are appointed and qualified. Members

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1 shall serve without compensation, except they shall be

2 reimbursed for their actual expenses in the performance of

3 their duties. The Commission shall carry out the rights,

4 powers and duties established in subparagraph (3) of paragraph

5 (a) of Section 223 of the Federal "Juvenile Justice and

6 Delinquency Prevention Act of 1974", as now or hereafter

7 amended. The Commission shall determine the priorities for

8 expenditure of funds made available to the State by the

9 Federal Government pursuant to that Act. The Commission shall

10 have the following powers and duties:

11 (1) Development, review and final approval of the

12 State's juvenile justice plan for funds under the Federal

13 "Juvenile Justice and Delinquency Prevention Act of 1974";

14 (2) Review and approve or disapprove juvenile justice

15 and delinquency prevention grant applications to the

16 Department for federal funds under that Act;

17 (3) Annual submission of recommendations to the

18 Governor and the General Assembly concerning matters

19 relative to its function;

20 (4) Responsibility for the review of funds allocated

21 to Illinois under the "Juvenile Justice and Delinquency

22 Prevention Act of 1974" to ensure compliance with all

23 relevant federal laws and regulations;

24 (5) Function as the advisory committee for the State

25 Youth and Community Services Program as authorized under

26 Section 17 of this Act, and in that capacity be authorized

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1 and empowered to assist and advise the Secretary of Human

2 Services on matters related to juvenile justice and

3 delinquency prevention programs and services; ~~and~~

4 (5.5) Study and make recommendations to the General

5 Assembly regarding the availability of youth services to

6 reduce the use of detention and prevent deeper criminal

7 involvement and regarding the impact and advisability of

8 raising the minimum age of detention to 14, and develop a

9 process to assist in the implementation of the provisions

10 of this amendatory Act of the 104th General Assembly; and

11 (6) Study the impact of, develop timelines, and

12 propose a funding structure to accommodate the expansion

13 of the jurisdiction of the Illinois Juvenile Court to

14 include youth age 17 under the jurisdiction of the

15 Juvenile Court Act of 1987. The Commission shall submit a

16 report by December 31, 2011 to the General Assembly with

17 recommendations on extending juvenile court jurisdiction

18 to youth age 17 charged with felony offenses.

19 (b) On the effective date of this amendatory Act of the

20 96th General Assembly, the Illinois Juvenile Jurisdiction Task

21 Force created by Public Act 95-1031 is abolished and its

22 duties are transferred to the Illinois Juvenile Justice

23 Commission as provided in paragraph (6) of subsection (a) of

24 this Section.

25 (Source: P.A. 96-1199, eff. 1-1-11.)

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1 Section 10. The Juvenile Court Act of 1987 is amended by

2 changing Section 5-410 as follows:

3 (705 ILCS 405/5-410)

4 Sec. 5-410. Non-secure custody or detention.

5 (1) Placement of a minor away from his or her home must be

6 a last resort and the least restrictive alternative available.

7 Any minor arrested or taken into custody pursuant to this Act

8 who requires care away from the minor's home but who does not

9 require physical restriction shall be given temporary care in

10 a foster family home or other shelter facility designated by

11 the court.

12 (2)(a-1) On or after July 1, 2026 and before July 1, 2027,

13 any minor 12 years of age or older arrested pursuant to this

14 Act where there is probable cause to believe that the minor is

15 a delinquent minor and that secure custody is a matter of

16 immediate and urgent necessity, in light of a serious threat

17 to the physical safety of a person or persons in the community

18 or in order to secure the presence of the minor at the next

19 hearing, as evidenced by a demonstrable record of willful

20 failure to appear at a scheduled court hearing within the past

21 12 months, may be kept or detained in an authorized detention

22 facility. On or after July 1, 2027, minors age 12 years of age

23 and under 13 years of age and charged with first degree murder,

24 aggravated criminal sexual assault, aggravated battery in

25 which a firearm was used in the offense, or aggravated

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1 vehicular hijacking, may be kept or detained in an authorized

2 detention facility and any minor 13 years of age or older

3 arrested pursuant to this Act where there is probable cause to

4 believe that the minor is a delinquent minor and that secure

5 custody is a matter of immediate and urgent necessity in light

6 of a serious threat to the physical safety of a person or

7 persons in the community, or to secure the presence of the

8 minor at the next hearing as evidenced by a demonstrable

9 record of willful failure to appear at a scheduled court

10 hearing within the past 12 months may be kept or detained in an

11 authorized detention facility. ~~(a) Any minor 10 years of age~~

12 ~~or older arrested pursuant to this Act where there is probable~~

13 ~~cause to believe that the minor is a delinquent minor and that~~

14 ~~(i) secure custody is a matter of immediate and urgent~~

15 ~~necessity for the protection of the minor or of the person or~~

16 ~~property of another, (ii) the minor is likely to flee the~~

17 ~~jurisdiction of the court, or (iii) the minor was taken into~~

18 ~~custody under a warrant, may be kept or detained in an~~

19 ~~authorized detention facility. A minor under 13 years of age~~

20 ~~shall not be admitted, kept, or detained in a detention~~

21 ~~facility unless a local youth service provider, including a~~

22 ~~provider through the Comprehensive Community Based Youth~~

23 ~~Services network, has been contacted and has not been able to~~

24 ~~accept the minor.~~ No minor under 13 ~~12~~ years of age shall be

25 detained in a county jail or a municipal lockup for more than 6

26 hours.

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1 (a-2) Probation and court services shall document and

2 share on a monthly basis with the Illinois Juvenile Justice

3 Commission each instance where alternatives to detention

4 failed or were lacking, including the basis for detention, the

5 providers who were contacted, and the reason alternatives were

6 rejected, lacking or denied.

7 (a-3) Instead of detention, minors under the age of 13 who

8 are in conflict with the law may be held accountable through a

9 community mediation program as set forth in Section 5-310 or

10 through other court-ordered intervention services.

11 (a-5) For a minor arrested or taken into custody for

12 vehicular hijacking or aggravated vehicular hijacking, a

13 previous finding of delinquency for vehicular hijacking or

14 aggravated vehicular hijacking shall be given greater weight

15 in determining whether secured custody of a minor is a matter

16 of immediate and urgent necessity for the protection of the

17 minor or of the person or property of another.

18 (b) The written authorization of the probation officer or

19 detention officer (or other public officer designated by the

20 court in a county having 3,000,000 or more inhabitants)

21 constitutes authority for the superintendent of any juvenile

22 detention home to detain and keep a minor for up to 40 hours,

23 excluding Saturdays, Sundays, and court-designated holidays.

24 These records shall be available to the same persons and

25 pursuant to the same conditions as are law enforcement records

26 as provided in Section 5-905.

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1 (b-4) The consultation required by paragraph (b-5) shall

2 not be applicable if the probation officer or detention

3 officer (or other public officer designated by the court in a

4 county having 3,000,000 or more inhabitants) utilizes a

5 scorable detention screening instrument, which has been

6 developed with input by the State's Attorney, to determine

7 whether a minor should be detained; however, paragraph (b-5)

8 shall still be applicable where no such screening instrument

9 is used or where the probation officer, detention officer (or

10 other public officer designated by the court in a county

11 having 3,000,000 or more inhabitants) deviates from the

12 screening instrument.

13 (b-5) Subject to the provisions of paragraph (b-4), if a

14 probation officer or detention officer (or other public

15 officer designated by the court in a county having 3,000,000

16 or more inhabitants) does not intend to detain a minor for an

17 offense which constitutes one of the following offenses, the

18 probation officer or detention officer (or other public

19 officer designated by the court in a county having 3,000,000

20 or more inhabitants) shall consult with the State's Attorney's

21 Office prior to the release of the minor: first degree murder,

22 second degree murder, involuntary manslaughter, criminal

23 sexual assault, aggravated criminal sexual assault, aggravated

24 battery with a firearm as described in Section 12-4.2 or

25 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

26 12-3.05, aggravated or heinous battery involving permanent

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1 disability or disfigurement or great bodily harm, robbery,

2 aggravated robbery, armed robbery, vehicular hijacking,

3 aggravated vehicular hijacking, vehicular invasion, arson,

4 aggravated arson, kidnapping, aggravated kidnapping, home

5 invasion, burglary, or residential burglary.

6 (c) Except as otherwise provided in paragraph (a), (d), or

7 (e), no minor shall be detained in a county jail or municipal

8 lockup for more than 12 hours, unless the offense is a crime of

9 violence in which case the minor may be detained up to 24

10 hours. For the purpose of this paragraph, "crime of violence"

11 has the meaning ascribed to it in Section 1-10 of the Substance

12 Use Disorder Act.

13 (i) The period of detention is deemed to have begun

14 once the minor has been placed in a locked room or cell or

15 handcuffed to a stationary object in a building housing a

16 county jail or municipal lockup. Time spent transporting a

17 minor is not considered to be time in detention or secure

18 custody.

19 (ii) Any minor so confined shall be under periodic

20 supervision and shall not be permitted to come into or

21 remain in contact with adults in custody in the building.

22 (iii) Upon placement in secure custody in a jail or

23 lockup, the minor shall be informed of the purpose of the

24 detention, the time it is expected to last and the fact

25 that it cannot exceed the time specified under this Act.

26 (iv) A log shall be kept which shows the offense which

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1 is the basis for the detention, the reasons and

2 circumstances for the decision to detain, and the length

3 of time the minor was in detention.

4 (v) Violation of the time limit on detention in a

5 county jail or municipal lockup shall not, in and of

6 itself, render inadmissible evidence obtained as a result

7 of the violation of this time limit. Minors under 18 years

8 of age shall be kept separate from confined adults and may

9 not at any time be kept in the same cell, room, or yard

10 with adults confined pursuant to criminal law. Persons 18

11 years of age and older who have a petition of delinquency

12 filed against them may be confined in an adult detention

13 facility. In making a determination whether to confine a

14 person 18 years of age or older who has a petition of

15 delinquency filed against the person, these factors, among

16 other matters, shall be considered:

17 (A) the age of the person;

18 (B) any previous delinquent or criminal history of

19 the person;

20 (C) any previous abuse or neglect history of the

21 person; and

22 (D) any mental health or educational history of

23 the person, or both.

24 (d)(i) If a minor 12 years of age or older is confined in a

25 county jail in a county with a population below 3,000,000

26 inhabitants, then the minor's confinement shall be implemented

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1 in such a manner that there will be no contact by sight, sound,

2 or otherwise between the minor and adult prisoners. Minors 12

3 years of age or older must be kept separate from confined

4 adults and may not at any time be kept in the same cell, room,

5 or yard with confined adults. This paragraph (d)(i) shall only

6 apply to confinement pending an adjudicatory hearing and shall

7 not exceed 40 hours, excluding Saturdays, Sundays, and

8 court-designated holidays. To accept or hold minors during

9 this time period, county jails shall comply with all

10 monitoring standards adopted by the Department of Corrections

11 and training standards approved by the Illinois Law

12 Enforcement Training Standards Board.

13 (ii) To accept or hold minors, 12 years of age or older,

14 after the time period prescribed in paragraph (d)(i) of this

15 subsection (2) of this Section but not exceeding 7 days

16 including Saturdays, Sundays, and holidays pending an

17 adjudicatory hearing, county jails shall comply with all

18 temporary detention standards adopted by the Department of

19 Corrections and training standards approved by the Illinois

20 Law Enforcement Training Standards Board.

21 (iii) To accept or hold minors 12 years of age or older,

22 after the time period prescribed in paragraphs (d)(i) and

23 (d)(ii) of this subsection (2) of this Section, county jails

24 shall comply with all county juvenile detention standards

25 adopted by the Department of Juvenile Justice.

26 (e) When a minor who is at least 15 years of age is

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1 prosecuted under the criminal laws of this State, the court

2 may enter an order directing that the juvenile be confined in

3 the county jail. However, any juvenile confined in the county

4 jail under this provision shall be separated from adults who

5 are confined in the county jail in such a manner that there

6 will be no contact by sight, sound, or otherwise between the

7 juvenile and adult prisoners.

8 (f) For purposes of appearing in a physical lineup, the

9 minor may be taken to a county jail or municipal lockup under

10 the direct and constant supervision of a juvenile police

11 officer. During such time as is necessary to conduct a lineup,

12 and while supervised by a juvenile police officer, the sight

13 and sound separation provisions shall not apply.

14 (g) For purposes of processing a minor, the minor may be

15 taken to a county jail or municipal lockup under the direct and

16 constant supervision of a law enforcement officer or

17 correctional officer. During such time as is necessary to

18 process the minor, and while supervised by a law enforcement

19 officer or correctional officer, the sight and sound

20 separation provisions shall not apply.

21 (3) If the probation officer or State's Attorney (or such

22 other public officer designated by the court in a county

23 having 3,000,000 or more inhabitants) determines that the

24 minor may be a delinquent minor as described in subsection (3)

25 of Section 5-105, and should be retained in custody but does

26 not require physical restriction, the minor may be placed in

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1 non-secure custody for up to 40 hours pending a detention

2 hearing.

3 (4) Any minor taken into temporary custody, not requiring

4 secure detention, may, however, be detained in the home of the

5 minor's parent or guardian subject to such conditions as the

6 court may impose.

7 (5) The changes made to this Section by Public Act 98-61

8 apply to a minor who has been arrested or taken into custody on

9 or after January 1, 2014 (the effective date of Public Act

10 98-61).

11 (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)

12 Section 15. The Unified Code of Corrections is amended by

13 adding Sections 3-2.5-25 and 3-2.5-105 as follows:

14 (730 ILCS 5/3-2.5-25 new)

15 Sec. 3-2.5-25. Youth nonviolent crime resource program.

16 (a) The Department shall provide resources to persons

17 under 18 years of age who have been adjudicated delinquent for

18 a nonviolent crime. For the purpose of this Section, a

19 nonviolent crime does not include the use or threat of force

20 toward a person. The resources shall include:

21 (1) mentoring;

22 (2) access to educational resources in collaboration

23 with the State Board of Education;

24 (3) employment training opportunities;

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1 (4) behavioral health services, including trauma

2 informed services;

3 (5) parent supports, including assistance applying for

4 public health programs available through the Department of

5 Human Services and other State agencies; and

6 (6) any other resources that the Department deems

7 helpful to youth convicted of nonviolent crimes.

8 (b) The Department may provide services through existing

9 or new service contracts with community agencies.

10 (c) The circuit courts and probation departments may refer

11 youth to this program. The Department shall not provide any

12 supervision of court-ordered conditions under this program.

13 (d) On or before July 1, 2028, the Department shall

14 publicize on its website the program created under this

15 Section and the process for referring eligible youth.

16 (e) The Department shall include the number of youth and

17 families served and a summary of the types of services

18 provided through this program in its annual report.

19 (730 ILCS 5/3-2.5-105 new)

20 Sec. 3-2.5-105. Child First Reform Task Force.

21 (a) The Child First Reform Task Force is created. The

22 purpose of the Task Force is to review and study the current

23 state of juvenile detention centers across the State. The Task

24 Force shall consider the conditions and administration of

25 individual juvenile detention centers, identify the resources

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1 needed to consistently meet the minimum standards set by the

2 Department of Juvenile Justice and the Administrative Office

3 of the Illinois Courts, evaluate complaints arising out of

4 juvenile detention centers, identify best practices to provide

5 detention center care, propose community-based alternatives to

6 juvenile detention, and advise on the creation of the Youth

7 Advisory Agency with youth justice advisors and district youth

8 advisory offices in each circuit court district. The Task

9 Force shall also make recommendations for policy changes at

10 the Department of Juvenile Justice to support child-first

11 directives aligned with the policies and practices established

12 in the Convention on the Rights of the Child that was adopted

13 by the United Nations General Assembly on November 20, 1989,

14 and became effective as an international treaty on September

15 2, 1990.

16 (b) The Task Force shall consist of the following members:

17 (1) A member of the Senate appointed by the President

18 of the Senate.

19 (2) A member of the Senate appointed by the Minority

20 Leader of the Senate.

21 (3) A member of the House appointed by the Speaker of

22 the House.

23 (4) A member of the House appointed by the Minority

24 Leader of the House.

25 (5) A member appointed by the Director of Juvenile

26 Justice.

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1 (6) A member appointed by the Director of Human

2 Rights.

3 (7) A member appointed by the Independent Juvenile

4 Ombudsperson.

5 (8) A member appointed by the Independent Juvenile

6 Ombudsperson who represents an organization that advocates

7 for a community-based rehabilitation or systems impacted

8 individuals.

9 (9) A member appointed by the Independent Juvenile

10 Ombudsperson who represents an organization that advocates

11 for juvenile justice reform.

12 (10) Two members appointed by the Illinois Juvenile

13 Justice Commission.

14 (11) A member appointed by the Director of the

15 Governor's Office of Management and Budget.

16 (12) One member appointed by the Lieutenant Governor

17 who is a member of a county board of a county operating a

18 county detention facility.

19 (13) One member appointed by the Lieutenant Governor

20 who is a juvenile detention officer, probation officer, or

21 other facility employee at a county detention facility who

22 makes the determination on whether to detain a juvenile at

23 the county detention facility.

24 (14) A member appointed by the Lieutenant Governor

25 from the Justice, Equity, and Opportunity Initiative.

26 (15) Two members appointed by the Director of Juvenile

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1 Justice who are over the age of 18 and who have served any

2 amount of time in a county juvenile detention facility.

3 (16) A member appointed by the Director of the

4 Illinois State Police.

5 (17) A member appointed by the Secretary of Human

6 Services.

7 The Task Force may include 2 additional members appointed

8 by the Illinois Supreme Court.

9 (c) Appointments to the Task Force shall be made within 90

10 days after the effective date of this amendatory Act of the

11 104th General Assembly. Members shall serve without

12 compensation.

13 (d) The Task Force shall meet at the call of a co-chair at

14 least quarterly to fulfill its duties. The members of the Task

15 Force shall select 2 co-chairs from among themselves at their

16 first meeting.

17 (e) The Task Force shall:

18 (1) engage community organizations, interested groups,

19 and members of the public for the purpose of assessing:

20 (A) community-based alternatives to detention and

21 the adoption and implementation of such alternatives;

22 (B) the needs of juveniles detained in county

23 detention facilities;

24 (C) strategic planning for a transition away from

25 juvenile detention facilities;

26 (D) the establishment of more accountability

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1 between county facilities and the Department of

2 Juvenile Justice, or if there would be a benefit for

3 the State in operating detention centers for persons

4 awaiting sentencing or court determination, in lieu of

5 counties providing this service, when in extreme cases

6 the county detention center is unable to pass minimum

7 standards;

8 (E) evidence-based best practices regarding the

9 delivery of services within detention centers,

10 including healthcare and education;

11 (F) the integration of restorative practices into

12 the juvenile detention system, focusing on healing,

13 accountability, and community restoration;

14 (G) the implementation of child-first directives

15 within the Department of Juvenile Justice and

16 throughout the State;

17 (H) strategic planning for creating a Youth

18 Advisory Agency with district youth advisory offices

19 in each circuit court district;

20 (I) the implementation of youth justice advisors

21 within the Youth Advisory Agency to guide juveniles

22 through the juvenile justice process, including

23 through interactions with law enforcement, the courts,

24 and community-based alternatives to detention;

25 (J) how county juvenile detention facilities are

26 currently funded;

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1 (K) how to encourage the Illinois Supreme Court

2 and relevant authorities to require, as a consistent

3 part of continuing education, training on child-first

4 directives, child rights, and the unique needs of

5 minors in the justice system; and

6 (L) the establishment of training requirements by

7 the Illinois Law Enforcement Training Standards Board

8 for law enforcement on child-first directives, child

9 rights, and the unique needs of minors in the justice

10 system;

11 (2) review available research and data on the benefits

12 of community-based alternatives to detention versus the

13 benefits of juvenile detention;

14 (3) review Administrative Office of the Illinois

15 Courts, Department of Juvenile Justice, and Independent

16 Ombudsperson monitoring reports to identify specific

17 instances of non-compliance arising out of county juvenile

18 detention facilities and patterns of noncompliance

19 Statewide; and

20 (4) make recommendations or suggestions for changes to

21 the County Shelter Care and Detention Home Act and the

22 Unified Code of Corrections, including changes and

23 improvements to the juvenile detention system.

24 (f) On or before January 1, 2029, the Task Force shall

25 publish a final report of its findings and non-binding

26 recommendations. The report shall, at a minimum, detail

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1 findings and recommendations related to the duties of the Task

2 Force and the following:

3 (1) the process and standards used to determine

4 whether a juvenile will be detained in a county facility;

5 (2) information and recommendations on detention

6 facility standards, including how to ensure compliance

7 with minimum standards, which facilities are chronically

8 noncompliant and the reasons for noncompliance, including

9 specific instances of noncompliance, and penalties for

10 noncompliance;

11 (3) strategic planning suggestions to transition away

12 from juvenile detention;

13 (4) how county juvenile detention facilities are

14 currently funded;

15 (5) recommendations on whether to establish more

16 accountability between county facilities and the

17 Department of Juvenile Justice, or whether the operation

18 of all detention centers should be transferred to the

19 Department of Juvenile Justice;

20 (6) how to incorporate restorative practices into the

21 juvenile justice system;

22 (7) implementing child-first directives throughout the

23 State;

24 (8) strategic planning suggestions on creating a Youth

25 Advisory Agency with youth justice advisors and district

26 youth advisory offices in each circuit court district;

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1 (9) recommendations on the duties of youth justice

2 advisors and the role they will serve in assisting

3 juveniles through the juvenile justice process, including

4 through interactions with law enforcement, the courts, and

5 community-based alternatives to detention, and

6 recommendations on how many youth justice advisors to

7 staff for each circuit court district;

8 (10) strategic planning suggestions to encourage the

9 Illinois Supreme Court and relevant authorities to

10 require, as a consistent part of continuing education,

11 training on child-first directives, child rights, and the

12 unique needs of minors in the justice system; and

13 (11) strategic planning to require the Illinois Law

14 Enforcement Training Standards Board to establish training

15 for law enforcement on child-first directives, child

16 rights, and the unique needs of minors in the justice

17 system.

18 The final report shall be submitted to the General

19 Assembly, the Offices of the Governor and Lieutenant Governor,

20 the Chief Judge of each circuit court operating a county

21 detention facility, the county board of each county operating

22 a county detention facility, and the Office of the Attorney

23 General.

24 (g) The Department of Juvenile Justice shall provide

25 administrative support for the Task Force.

26 (h) This Section is repealed on June 1, 2029.

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1 Section 99. Effective date. This Section and Section

2 3-2.5-105 of the Unified Code of Corrections take effect June

3 1, 2026. Section 3-2.5-25 of the Unified Code of Corrections

4 takes effect January 1, 2028.".