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IL SB1443
Bill
Status
1/13/2015
Primary Sponsor
James Clayborne
Click for details
AI Summary
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Adds Part 5.5 to Article V of the Juvenile Court Act of 1987, establishing comprehensive procedures for determining juvenile fitness to stand trial based on ability to understand proceedings and assist in defense.
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Presumes minors fit unless proven unfit by preponderance of evidence; permits judges to consider developmental immaturity as a factor in fitness determinations.
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Requires court-ordered examinations by licensed physicians, clinical psychologists, or psychiatrists with training in child development and forensic practice; restricts use of statements from examinations unless minor raises insanity or intoxication defenses.
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Establishes mandatory fitness hearings within 14-45 days of evaluation reports, with detailed assessment requirements including diagnosis, cognitive abilities, functional fitness-related abilities, and prognosis for restoration within one year.
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Provides procedures for treatment orders, progress monitoring, extended commitment hearings every 90 days, discharge hearings with burden on State to prove guilt beyond reasonable doubt, and time credit for custody periods toward any eventual sentence.
Legislative Description
COURTS-TECH
Last Action
Session Sine Die
1/13/2015