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IL SB1443

Bill

Status

Failed

1/13/2015

Primary Sponsor

James Clayborne

Click for details

Origin

Senate

98th General Assembly

AI Summary

  • 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.

  • Presumes minors fit unless proven unfit by preponderance of evidence; permits judges to consider developmental immaturity as a factor in fitness determinations.

  • 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.

  • 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.

  • 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

Committee Referrals

Assignments5/10/2013
Judiciary3/6/2013
Assignments2/6/2013

Full Bill Text

No bill text available