Bill
HB 3413
Mandates DJJ custody until age 21 for 13+ youths adjudicated for firearm-discharge offenses (incl. first-degree murder), with a 5-year no-release period and post-release aftercare
Status & Sponsor
- Introduced by Rep. Amy Elik; first read Feb 18, 2025; filed Feb 26, 2025.
- Committee activity: referred to Rules (2/18), read and referred to Transportation (3/21), public hearing (5/01), reported favorably without amendment and committee report sent to Calendars (5/14).
- Amends: Juvenile Court Act of 1987 (705 ILCS 405/5-750).
Purpose
- Establish mandatory commitment and restricted release conditions for certain juvenile firearm offenses: specifically, when a minor aged 13 or older is adjudicated delinquent for an offense involving illegal use or possession of a firearm where the firearm was discharged (including when charged with first‑degree murder), the bill requires commitment to the Department of Juvenile Justice (DJJ) with prescribed limits on release and supervised aftercare.
Key provisions
- Mandatory commitment: A minor at least 13 years old adjudicated delinquent for first‑degree murder or an offense involving illegal use/possession of a firearm in which the firearm was discharged must be declared a ward of the court and committed to the DJJ until the minor turns 21.
- Five‑year restriction period: For a period of 5 years from commitment, the minor is not eligible for aftercare release, furlough, or non‑emergency authorized absence. Time spent in custody for the instant offense before DJJ commitment is credited toward that 5‑year period.
- Aftercare after release: Upon release from a DJJ facility (after any required confinement period), the minor must be placed on aftercare release until age 21, unless discharged sooner or custodianship is otherwise terminated under the Act or other law.
- Preservation of prosecutorial options: The bill specifies that its provisions do not preclude the State’s Attorney from seeking adult prosecution where applicable (i.e., it does not eliminate the option to charge a minor as an adult).
- Retained/clarified standards for commitment generally: The bill keeps (and clarifies) existing commitment criteria requiring the court to find commitment is the least restrictive alternative and to consider individualized factors (age, criminal history, assessments such as CANS, educational/health needs, prior community services, and available DJJ services). The court must also find reasonable efforts to avoid removal from home were made or could not be made for good cause.
Who is affected
- Juveniles aged 13 and older adjudicated for offenses involving the discharge of a firearm (including first‑degree murder).
- Families and guardians of affected juveniles.
- The Department of Juvenile Justice (capacity, programming, and release supervision).
- Prosecutors, defense attorneys, juvenile courts, and victims.
Potential impacts
- Increases mandatory confinement time and restricts early release options for specified firearm offenses, likely increasing DJJ population and aftercare supervision caseloads.
- Limits availability of furloughs and non‑emergency absences for a 5‑year period, potentially reducing intermediate rehabilitative steps prior to long‑term custody.
- Leaves intact the State’s option to pursue adult prosecution in appropriate cases.
Effective change: modifies Section 5‑750 of the Juvenile Court Act (705 ILCS 405/5‑750) to add the above mandatory commitment and release restrictions for specified firearm‑discharge juvenile offenses.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
