The effort to rewrite the Juvenile Court Act was still in play when the General Assembly met in mid-January.

House Bill 182 is a 310-page document that is primarily the work product of the Cook County State’s Attorneys Office that makes many changes to current law, some of which are as follows.

Juvenile Justice Records. Expands who gets access to juvenile justice records and what is in the accessed records. It also creates (but does not fund) a statewide database system to identify and track minors who have contact with the juvenile justice system. Police agencies must take and forward fingerprints, descriptions, and disposition of all minors who are 10 years old or older if arrested for any felony. Law enforcement may forward this information for minors who are arrested for Class A and B misdemeanors. These records may be expunged (1) at age 17 if there is no finding of delinquency, or (2) if there was a finding of delinquency, five years after the juvenile case is closed or when the minor turns 21, whichever is later as long as the minor was not convicted of any crime from the age 17 to 21.

Parental Responsibility. Gives courts authority to require parents to participate in any program that the court finds will help the minor as part of the juvenile sentence. It also allows the courts to assess the costs of incarcerating a minor against the parents.

Minors in Detention. It makes four changes to current law. (1) Allows a minor age 12 or older to be detained in a juvenile detention home or non-secure facility up to 40 hours (the limit now is 36). (2) Allows a minor to be detained in a county jail or municipal lockup for no more than 12 hours (now 6 hours). A minor who is charged with a crime of violence may be detained for up to 24 hours. Current law is retained that starts this time limit when the minor is in a locked room or cell or handcuffed to a stationary object in a building housing a county jail or municipal lockup. (3) Requires law enforcement officers to "consult" with the state’s attorney before releasing a minor who is charged with one of 20 different felonies. (4) Creates an exemption from the current law’s requirement that minors be separated from adult prisoners by sight and sound. Minors who are being processed or appearing in a line-up may be commingled with adult prisoners as long as the minors are under direct and constant supervision.

Blended Sentences. Allows a minor to be given a juvenile sentence and an adult sentence in certain cases, which will be called extended jurisdiction juvenile prosecutions (EJJ). The adult sentence is stayed as long as the minor complies with the juvenile sentence. The state’s attorney must file a motion seeking the dual sentence against a minor age 13 years or older who has been charged with a felony. If the court finds that there is probable cause to believe that the allegations in the petition are true, a rebuttable presumption is created that it should be an EJJ case. The court is then required to make it an EJJ case unless he or she makes a finding based on clear and convincing evidence that sentencing as an adult would not be appropriate for the minor based upon enumerated criteria. It also requires adult prosecution against any minor who has been previously been transferred to adult court. If the minor is found by a preponderance of the evidence to have violated any condition of the sentence, a court may revoke the stay of execution of the adult sentence.

Effective Date. If enacted into law, HB 182 would take effect Jan. 1, 1999, except for the Illinois State Police database, which would take effect Jan. 1, 2000.