IL SB3368

Amends the Juvenile Court Act of 1987 by adding Part 5A establishing fitness to stand trial procedures for children under age 21, recognizing developmental differences between children and adults through trauma-informed and developmentally appropriate practices.

Defines unfitness to include mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress; a child is unfit if lacking ability to consult with counsel or understand proceedings and their consequences.

Requires court-ordered fitness evaluations by qualified licensed clinical psychologists or psychiatrists with forensics, child development, and trauma training; evaluations must be completed within 30 days and video recorded with counsel allowed to attend.

Mandates the State prove fitness by clear and convincing evidence; establishes a one-year maximum period for felony charges and a maximum period equal to potential sentence or one year (whichever is shorter) for misdemeanor charges to attain fitness through inpatient or outpatient services.

Requires dismissal of charges with prejudice if a child cannot attain fitness within the statutory period; allows in-court assistance (translators, communication experts) as alternative; provides time credit for custody and placements toward any eventual sentence; takes effect July 1, 2024.