(Bellock, R-Westmont; Althoff, R-McHenry) allows a parent or guardian who is serving in the armed forces and on active duty to appoint a short-term guardian for more than 365 days. This appointment may not exceed the period of active duty service plus 30 days. Effective January 1, 2017.
(Raoul, D-Chicago; Nekritz, D-Buffalo Grove) makes numerous changes to juvenile justice law and post-conviction procedures (“aftercare release”). Among those changes, it prohibits minors from being admitted to the Department of juvenile Justice unless they are found guilty of a felony or first-degree murder. Exempts from felony incarceration the following crimes: criminal trespass to a residence, criminal damage or defacement to property, disorderly conduct, or obstructing justice. Creates 28 mandatory conditions of aftercare release and numerous discretionary conditions that may be imposed. Effective January 1, 2017.
(Stadelman, D-Rockford; Wallace, D-Rockford) increases the threshold amount for damage to property that is used to enhance a misdemeanor to a felony or to enhance it to a higher class of felony. Currently, it must exceed $300; this bill requires that it must exceed $500. Effective January 1, 2017.
Public Act 99-574 (Hunter, D-Chicago; Harper, D-Chicago) If a person has successfully completed alcohol or drug addiction treatment as a condition of probation and qualifies for a vacation of the judgment of conviction, he or she must file a motion to vacate the judgment at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation (rather than within 30 days of the entry of the judgment). Effective January 1, 2017.
Respondent minor was adjudicated delinquent based on offense of criminal sexual assault. Four witnesses testified that Respondent would not have understood his Miranda rights, how they applied to him, or what their waiver meant to him. State's expert declined to give opinion on the matter, but testified that Respondent's score on WISC-V test was indicative of extremely low intellectual function. Totality of circumstances indicate that Respondent did not understand his Miranda rights, nor did he comprehend what their waiver would entail. (HOLDRIDGE and McDADE, concurring.)
Minor appeals from order that lifted stay on sentence imposed on 4th petition for indirect criminal contempt, and imposed 179-day sentence; at that time, court stayed 153 days of sentence pending minor's compliance with underlying probation sentence, but then minor failed to comply with requirements of stay, then court lifted stay, at which point order became final and appealable. Minor is entitled to 2 additional days of custody credit. Custody credit incurred for serving time on another contempt proceeding, even if derived from same sentence of probation, cannot be applied as custody credit to subsequent sentence.(CARTER and WRIGHT, concurring.)
Public Act 99-535 (Syverson, R-Rockford; Fortner, R-West Chicago) provides that in a hearing concerning the administration of psychotropic medication or electroconvulsive therapy, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting that testimony. Effective January 1, 2017.
Incarcerated parents. House Bill 5551 (Williams, D-Chicago; Raoul, D-Chicago) requires the Department of Children and Family Services to look closer at the best interest of a child in foster care whose parents are incarcerated. Expands the definition of “fictive kin” to include a person unrelated by birth or marriage who is the current foster parent of a child in the custody or guardianship of DCFS. The child must have been placed in the home for at least one year and has established a significant a family-like relationship with the foster parent whom DCFS has identified as the child’s permanent connection. Makes other changes. Passed both chambers.
(Bellock, R-Westmont; Althoff, R-McHenry) allows a parent or guardian who is serving in the armed forces and on active duty to appoint a short-term guardian for more than 365 days. This appointment may not exceed the period of active duty service plus 30 days. Passed both chambers.
(Williams, D-Chicago; Hutchinson, D-Chicago Heights) adds to the required disclosure to adoptive parents the reason or reasons the birth parent or parents stated for placing the child for adoption, how and why the adoptive parent or parents were selected and who selected the adoptive parent or parents, and whether the birth parent or parents requested or agreed to post-adoption contact with the child at the time of placement, and, if so, the frequency and type of contact. Passed both chambers.