JUV CT-FITNESS TO STAND TRIAL

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5270

Introduced 2/10/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Delinquent Minors Article of the Juvenile Court Act of
1987. Adds a Part concerning Fitness to Stand Trial. Specifies the
unfitness standard for a minor. Sets forth procedures to raise the issue of
the unfitness of a minor. Specifies the burden of proof and a presumption.
Provides requirements for a fitness evaluation and hearing to determine
the fitness of a minor. Provides the requirements for the services to
attain fitness, the period to obtain fitness, initial and subsequent
progress reports, periodic hearings, and in-court assistance to render a
minor fit. Specifies time credit and sentencing guidelines for a minor who
attains fitness. Provides for the legal disposition of a minor if fitness
cannot be attained. Creates the Juvenile Discharge Hearing Task Force to
examine the juvenile discharge hearing process, compare Illinois' process
with those of other states with juvenile fitness standards, and recommend
reforms to the process that ensures minors receive meaningful treatment
for existing mental health needs. Provides that the recommendations shall
include statutory language to update the juvenile hearing discharge
process and whether the juvenile discharge hearing should take place on
the same timeframe as discharge hearings for adult offenders. Provides
that the Task Force may meet in person or virtually and shall issue a
written report of its findings and recommendations to the General Assembly
on or before July 1, 2027. Repeals task force provisions on January 1,
2028. Contains other provisions. Contains a severability provision.
Effective July 1, 2026.
LRB104 19740 RLC 33190 b

A BILL FOR

HB5270
LRB104 19740 RLC 33190 b
1

AN ACT concerning courts.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Juvenile Court Act of 1987 is amended by
5
adding Part 5A to Article V as follows:

6

(705 ILCS 405/Art. V Pt. 5A heading new)
7
PART 5A.

FITNESS TO STAND TRIAL

8

(705 ILCS 405/5-5A-101 new)
9

Sec. 5-5A-101.
Purpose.
This Part recognizes that minors
10
are substantially different from adults and therefore creates
11
procedures to establish fitness to stand trial that
12
accommodate these differences. Currently in Illinois, minors
13
of any age can be arrested, charged, and prosecuted. This
14
approach is inconsistent with developmental science, which
15
overwhelmingly finds that minors are limited in their ability
16
to understand the consequences of their actions, manage
17
impulses and peer influence, and to plan for the future.
18
Modern neuroscience explains both limitations on culpability
19
for minors, defined as an individual's blameworthiness or
20
responsibility for a criminal action, as well as limitations
21
on the ability to assist with and make critical decisions
22
regarding one's own legal defense. Accordingly, prosecutors,

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1
defense counsel, and courts must carefully consider
2
chronological immaturity, relative immaturity, and the impact
3
of trauma, as well as other relevant factors, in considering
4
the fitness of a minor to be tried, adjudicated or convicted,
5
and sentenced. These factors should be given significant
6
weight when determining the fitness of a minor under the age of
7
14.
8

This Part is intended to support minors through practices
9
that are trauma-informed and that protect a minor's rights and
10
dignity; questions of interpretation shall be resolved in line
11
with these practices. This Part recognizes that the ability to
12
understand charges and to participate meaningfully in one's
13
own defense evolve gradually throughout childhood and early
14
adulthood and that each minor shall receive developmentally
15
appropriate responses that reflect the best understanding of
16
the minor's current abilities.

17

(705 ILCS 405/5-5A-105 new)
18

Sec. 5-5A-105.
Definitions.
As used in this Part:
19

"Child traumatic stress" means exposure to one or more
20
traumatic events over the course of a minor's life that
21
results in that minor developing reactions that persist and
22
that interfere with the minor's functional, social, adaptive,
23
or intellectual ability.
24

"Chronological immaturity" means a lack of functional,
25
social, adaptive, or intellectual ability due to chronological

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age.
2

"Developmental disability" means a disability that is
3
attributable to an intellectual disability, cerebral palsy,
4
epilepsy, autism, a learning disability, or any other
5
condition that results in impaired functional, social,
6
adaptive, or intellectual ability.
7

"Mental illness" means a mental or emotional disorder that
8
substantially impairs a person's thought, perception of
9
reality, emotional process, judgment, behavior, or ability to
10
cope with the ordinary demands of life.
11

"Minor" means a person under the age of 21 who was under 18
12
years of age at the time of the alleged offense initiating the
13
petition or charge. "Relative immaturity" means a lack of
14
functional, social, adaptive, or intellectual ability when a
15
minor is compared to other minors of the same chronological
16
age. "Substance use disorder" has the meaning given to that
17
term in Section 1-10 of the Substance Use Disorder Act.

18

(705 ILCS 405/5-5A-110 new)
19

Sec. 5-5A-110.
Unfitness standard.
20

(a) A minor is unfit when the minor:
21

(1) lacks sufficient present ability to consult with
22

the minor's attorney with a reasonable degree of rational
23

understanding, as evidenced by deficits in the ability to
24

disclose to the attorney facts pertinent to the
25

proceedings at issue and to assist in the minor's defense;

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1

or
2

(2) has deficits in the ability to understand the
3

proceedings against the minor, as demonstrated by, but not
4

limited to, one or more of the following:
5

(A) deficits in the ability to identify who the
6

participants are and understand their roles, including
7

the judge, minor's attorney, State's Attorney, or
8

qualified expert;
9

(B) deficits in the ability to appreciate the
10

range of possible dispositions that may be imposed in
11

the proceedings and how those dispositions will affect
12

the minor; or
13

(C) deficits in the ability to use the factual
14

understandings and factors in (A) and (B) of this
15

paragraph to make rational decisions and display
16

appropriate courtroom behavior.
17

(b) The presence of any condition or confluence of
18
conditions, including, but not limited to, physical condition,
19
mental illness, substance use disorder, developmental
20
disability, chronological immaturity, relative immaturity, or
21
child traumatic stress may be considered in determining
22
whether the minor meets the unfitness standard.
23

(c) A diagnosis is not required for a finding of
24
unfitness.

25

(705 ILCS 405/5-5A-115 new)

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Sec. 5-5A-115.
Raising the issue of unfitness.
2

(a) The issue of the minor's fitness to stand trial, to
3
plead, or to be sentenced may be raised by the minor's
4
attorney, the State, or the court at any time before a plea is
5
entered or before, during, or after trial. If the issue of
6
fitness is raised by the State, the State has the burden of
7
proving a bona fide doubt of the minor's fitness has been
8
raised. If the issue of fitness is raised by the minor's
9
attorney, that attorney has the burden of proving a bona fide
10
doubt of the minor's fitness has been raised. When a bona fide
11
doubt of the minor's fitness is raised, the court shall order a
12
determination of the issue of fitness before proceeding
13
further.
14

(b) Upon request of the minor's attorney that a qualified
15
expert be appointed to examine the minor to determine prior to
16
trial or adjudicatory hearing if a bona fide doubt as to a
17
minor's fitness to stand trial or plead may be raised, the
18
court shall order an appropriate examination. However, no
19
order entered pursuant to this subsection shall prevent
20
further proceedings in the case. An expert so appointed shall
21
examine the minor and make a report as provided in Section
22
5-5A-125. Such report shall only be tendered to the minor's
23
attorney. If the minor's attorney raises the issue of fitness
24
based on the report, that report shall be provided to the court
25
and the State. If the court finds a bona fide doubt of fitness
26
has been raised pursuant to this subsection, the matter shall

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1
proceed to a hearing pursuant to Section 5-5A-160 before
2
proceeding further. Upon the filing with the court of a
3
verified statement of services rendered, the court shall order
4
the county board to pay such expert a reasonable fee stated in
5
the order.
6

(c) Nothing in this Section operates to extinguish any
7
rights of a minor established by attorney-client privilege.
8

(d) In all proceedings under this Act, the juvenile court
9
shall apply the fitness standards as set forth in this Part.
10
When a minor is being prosecuted under the criminal laws of
11
this State, the criminal court shall apply the fitness
12
standards in this Part.

13

(705 ILCS 405/5-5A-120 new)
14

Sec. 5-5A-120.
Burdens and presumptions.
In making
15
determinations concerning a minor's fitness, the following
16
burdens of proof and presumptions shall apply:
17

(1) for the purposes of this Section, a minor is
18

presumed to be fit to stand trial or to plead and be
19

sentenced. A minor is unfit based on the unfitness
20

standard set forth in Section 5-5A-110;
21

(2) except as set forth in subparagraph (3), when the
22

court finds a bona fide doubt as to the fitness of a minor
23

under Section 5-5A-115, the State bears the burden of
24

proving that the minor is fit by a preponderance of the
25

evidence;

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LRB104 19740 RLC 33190 b
1

(3) when the court finds a bona fide doubt as to the
2

fitness of a minor under the age of 14 under Section
3

5-5A-115, the State bears the burden of proving that the
4

minor is fit by clear and convincing evidence; and
5

(4) a minor who is receiving medication shall not be
6

presumed to be fit or unfit to stand trial solely by virtue
7

of the receipt of that medication.

8

(705 ILCS 405/5-5A-125 new)
9

Sec. 5-5A-125.
Fitness evaluation.
When the court orders a
10
fitness evaluation under subsection (b) of Section 5-5A-115 or
11
a bona fide doubt of fitness is raised, the court must appoint
12
one or more qualified experts under Section 5-5A-135. Each
13
expert shall evaluate whether the minor is fit and submit a
14
report of the expert's findings to the court under Section
15
5-5A-155. No expert employed or contracted by the Department
16
of Human Services shall be ordered to perform, in the expert's
17
official capacity, an initial fitness examination under this
18
Section. Upon request of the minor's attorney, the court may
19
permit the minor's attorney to be present at the evaluation.

20

(705 ILCS 405/5-5A-130 new)
21

Sec. 5-5A-130.
Location of evaluation.
A fitness
22
evaluation must be conducted in the least restrictive
23
environment for the minor. The evaluation must be conducted in
24
person whenever possible. Video technology for a remote

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LRB104 19740 RLC 33190 b
1
evaluation may be used only as a last resort. If video
2
technology is used, it must be a secure platform. No facility
3
of the Department of Human Services shall be utilized for this
4
purpose.

5

(705 ILCS 405/5-5A-135 new)
6

Sec. 5-5A-135.
Qualification of experts.
An expert
7
evaluating the minor under Section 5-5A-125 or Section
8
5-5A-220 must either be a licensed clinical psychologist or
9
psychiatrist with training and experience in forensics, child
10
development, and child trauma.

11

(705 ILCS 405/5-5A-140 new)
12

Sec. 5-5A-140.
Timeline for evaluation.
The fitness
13
evaluation and report written under Section 5-5A-155 must be
14
completed within 30 days of a court order entered pursuant to
15
subsection (b) of Section 5-5A-115 or a bona fide doubt is
16
raised under subsection (a) of 5-5A-115. The time for
17
completion of the fitness evaluation may be extended an
18
additional 30 days for good cause shown.

19

(705 ILCS 405/5-5A-145 new)
20

Sec. 5-5A-145.
Statements made during evaluation.
No
21
statement made by the minor during the evaluation conducted
22
under Section 5-5A-125 shall be used against the minor in the
23
current court proceedings or in any future proceedings unless

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the minor raises the defense of insanity or the defense of
2
intoxicated or drugged condition. No statement made by the
3
minor relating to the alleged offense or other offenses shall
4
be included in the report required under Section 5-5A-155. The
5
court must advise the minor before the evaluation takes place
6
that no statement made during the evaluation shall be used
7
against the minor.

8

(705 ILCS 405/5-5A-150 new)
9

Sec. 5-5A-150.
Recordings of evaluations and privacy.
10

(a) An evaluation of the minor conducted under Section
11
5-5A-125 shall be video recorded.
12

(b) Subject to subsection (b) of Section 5-5A-115, the
13
video recording of a fitness evaluation is confidential and
14
may be viewed only by the court, the expert conducting the
15
evaluation defined in Section 5-5A-125, the minor's attorney,
16
the State, and any other expert in the proceedings deemed
17
necessary by the court and under Section 5-910.

18

(705 ILCS 405/5-5A-155 new)
19

Sec. 5-5A-155.
Contents of evaluation report.
20

(a) Subject to subsection (b) of Section 5-5A-115, when an
21
evaluation is conducted under Section 5-5A-125, the appointed
22
expert must submit a written report of the findings to the
23
court. The evaluation report must detail the methods and tools
24
used during the evaluation and be made in writing.

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LRB104 19740 RLC 33190 b
1

(b) The evaluation report shall address the minor's
2
capacity and ability to:
3

(1) Appreciate the allegations of the petition;
4

(2) Appreciate the nature of the adversarial process,
5

including:
6

(A) Having a factual understanding of the
7

participants in the minor's proceeding including the
8

judge, defense counsel, prosecutor, witnesses, and
9

mental health expert; and
10

(B) Having a rational understanding of the role of
11

each participant in the proceeding.
12

(3) Appreciate the range of possible dispositions that
13

may be imposed in the proceedings and how these will
14

affect the minor;
15

(4) Disclose to counsel facts pertinent to the
16

proceedings at issue including:
17

(A) Ability to articulate thoughts;
18

(B) Ability to articulate emotions;
19

(C) Ability to accurately and reliably relate to a
20

sequence of events;
21

(D) Display logical and autonomous decision
22

making;
23

(E) Display appropriate courtroom behavior;
24

(F) Testify relevantly at proceedings; and
25

(G) Demonstrate any other capacity or ability
26

either separately identified by the court or

HB5270
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LRB104 19740 RLC 33190 b
1

determined by the examiner to be relevant to the
2

court's determination.
3

(c) In assessing the minor's fitness, the expert shall
4
compare the minor being examined to juvenile norms that are
5
broadly defined as those skills typically possessed by a minor
6
of average intelligence and maturity.
7

(d) The expert shall determine and report if the minor
8
suffers from mental illness, substance use disorder,
9
developmental disability, chronological immaturity, or
10
relative immaturity.
11

(e) If the minor suffers from mental illness,
12
developmental disability, chronological immaturity, or
13
relative immaturity, the expert shall report the severity of
14
the impairment and its potential effect on the minor's fitness
15
to proceed.
16

(f) If the expert determines that the minor suffers from
17
chronological immaturity or relative immaturity, the expert
18
shall report a comparison of the minor to a minor of average
19
intelligence and maturity.
20

(g) If the expert determines that the minor suffers from a
21
mental illness, the expert shall provide the following
22
information:
23

(1) the prognosis of the mental illness; and
24

(2) whether the minor is taking any medication and, if
25

so, what medication.
26

(h) The report shall include:

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(1) whether the expert, based on the evaluation and in
2

the expert's professional judgment believes the minor is
3

fit;
4

(2) if the expert believes the minor is unfit, whether
5

there is a substantial probability that the minor will
6

attain fitness within the statutory period to attain
7

fitness;
8

(3) if the expert believes the minor is unfit, the
9

report shall include an assessment of the minor's risk and
10

mediating supportive factors to guide placement and
11

recommendations for treatment. Recommendations for
12

treatment shall include:
13

(A) services that would help the minor attain
14

fitness;
15

(B) the most appropriate placement for treatment
16

considering the results of the risk assessment,
17

mediating supportive factors, and the least
18

restrictive alternative for placement, either on an
19

inpatient or outpatient basis; and
20

(C) if the evaluator recommends treatment on an
21

inpatient basis, the qualified expert must provide a
22

clearly articulated basis for such, including but not
23

limited to: severity of psychiatric symptoms, risk of
24

harm to self or others related to the severity of
25

psychiatric symptoms, need for structured,
26

trauma-informed care to stabilize symptoms, prior lack

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1

of compliance with treatment on an outpatient basis,
2

lack of stable supportive parent or guardian in the
3

community, or other relevant data that would support
4

why fitness restoration could not be conducted safely.
5

(4) opinions on:
6

(A) the likelihood of the success of services
7

recommended; and
8

(B) the length of time anticipated to attain
9

fitness.
10

(i) If the report indicates that the minor is not fit to
11
stand trial or plead because of a disability, the report shall
12
include an opinion as to the likelihood of the minor attaining
13
fitness within a period of time from the date of the finding of
14
unfitness if provided with a course of treatment.

15

(705 ILCS 405/5-5A-160 new)
16

Sec. 5-5A-160.
Hearing to determine fitness.
17

(a) After a bona fide doubt of fitness has been raised and
18
an evaluation conducted, the court shall conduct a hearing to
19
determine the issue of the minor's fitness within 30 days of
20
receipt of the evaluation report described in Section
21
5-5A-155, unless the timeline is waived by the minor's
22
attorney or good cause is shown.
23

(b) The minor has the right to be present at every hearing
24
on the issue of the minor's fitness.
25

(c) On the basis of the evidence before it, the court must

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LRB104 19740 RLC 33190 b
1
determine whether the minor is unfit to stand trial pursuant
2
to Section 5-5A-110. If the court finds that the minor is
3
unfit, the court shall determine:
4

(1) whether in-court assistance under Section 5-5A-190
5

would render the minor fit; and
6

(2) whether there is a substantial probability that
7

the minor, if provided with services to attain fitness
8

under Section 5-5A-165, will attain fitness within the
9

period to attain fitness set forth in Section 5-5A-175.
10

(d) If the court finds that the minor is unfit and there is
11
not a substantial probability the minor will attain fitness
12
within the statutory period as set forth in Section 5-5A-175,
13
the court shall proceed under subsection (d) of Section
14
5-5A-175.
15

(e) If the court finds the minor is unfit but that there is
16
a substantial probability that the minor will become fit
17
within the period to attain fitness set forth in Section
18
5-5A-175, or if the court is unable to determine whether a
19
substantial probability exists, the court shall order the
20
minor to receive services to attain fitness on either an
21
inpatient or outpatient basis. If the court is unable to
22
determine whether a substantial probability exists and orders
23
the minor to receive services to attain fitness, the court
24
shall conduct a hearing as soon as possible following the
25
receipt of the report filed under Section 5-5A-180 to
26
determine whether there is a substantial probability that the

HB5270
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LRB104 19740 RLC 33190 b
1
minor will attain fitness within the statutory period.
2

(f) If the court finds that the minor is unfit to stand
3
trial, it shall proceed under this Act. If the court finds that
4
the minor could be rendered fit with in-court assistance, the
5
court shall order in-court assistance pursuant to Section
6
5-5A-190.
7

(g) An order finding the minor unfit to stand trial is a
8
final order for purposes of appeal by the State or the minor.

9

(705 ILCS 405/5-5A-165 new)
10

Sec. 5-5A-165.
Services to attain fitness.
11

(a) When the court orders services to attain fitness under
12
Section 5-5A-160, the court shall determine if the minor will
13
receive services on an inpatient or outpatient basis. If
14
inpatient, the minor shall be placed at a facility approved by
15
the Department of Human Services to provide residential,
16
restoration care and treatment. If the court orders the minor
17
to receive services on an outpatient basis, such services
18
shall be rendered in the community at a program approved by the
19
Department of Human Services. Court-ordered services and
20
placements shall be consistent with the recommendations in the
21
evaluation report. All services shall be trauma-informed,
22
developmentally appropriate, and provided in the least
23
restrictive environment considering the needs and best
24
interests of the minor. A placement may be ordered on an
25
inpatient basis only when the minor exhibits clinical needs

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1
warranting a hospital level of care.
2

(b) Within 5 days of a court order for services to attain
3
fitness entered under Section 5-5A-160, the clerk of the
4
circuit court shall transmit to the Department of Human
5
Services, and any other agency or institution providing
6
services to attain fitness to the minor, the following:
7

(1) a certified copy of the order to receive services
8

and the complete copy of any report on the minor's fitness
9

prepared under this Part;
10

(2) the county and municipality in which the alleged
11

offense occurred;
12

(3) the county and municipality in which the arrest
13

took place;
14

(4) a copy of the arrest report, charges, and arrest
15

record; and
16

(5) all additional matters that the court directs the
17

clerk to transmit.

18

(705 ILCS 405/5-5A-170 new)
19

Sec. 5-5A-170.
Pretrial motions.
Following a finding of
20
unfitness, the court may hear and rule on any pretrial motion
21
or motions if the minor's presence is not essential to a fair
22
determination of the issues. A motion may be reheard upon a
23
showing that evidence is available which was not available,
24
due to the minor's unfitness, when the motion was first
25
decided.

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1

(705 ILCS 405/5-5A-175 new)
2

Sec. 5-5A-175.
Period to attain fitness.
3

(a) For a minor charged with a felony, the maximum total
4
time a court may order a minor to receive services to attain
5
fitness shall be one year.
6

(b) For a minor charged with a misdemeanor, the maximum
7
total period a court may order a minor to receive services to
8
attain fitness shall be no longer than the length of the
9
sentence that could be imposed if the minor were adjudicated
10
delinquent or found guilty of the misdemeanor offense for
11
which the minor was charged, or one year whichever is shorter.
12

(c) The period to attain fitness shall begin with the
13
court's first finding of unfitness during a fitness hearing
14
under Section 5-5A-160.
15

(d) If the minor cannot attain fitness to stand trial and
16
the court determines that the minor cannot be rendered fit
17
with in-court assistance pursuant to Section 5-5A-190, then
18
the case shall proceed in the following manner:
19

(1) Upon the determination that there is not a
20

substantial probability that the minor will attain fitness
21

within the time period set forth in this Section, the
22

court shall hold a juvenile discharge hearing within 60
23

days, unless good cause is shown for the delay.
24

(2) If at any time the court determines that there is
25

not a substantial probability that the minor will become

HB5270
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1

fit to stand trial or to plead within the time period set
2

forth in this Section, or if at the end of the time period
3

set forth in this Section the court finds the minor still
4

unfit and cannot be rendered fit with in-court assistance
5

pursuant to Section 5-5A-190, the State shall request the
6

court:
7

(A) To set the matter for hearing pursuant to
8

Section 5-5A-210 unless a hearing has already been
9

held pursuant to subparagraph (1) of this Section; or
10

(B) To release the minor from custody and to
11

dismiss with prejudice the charges against the minor;
12

or
13

(C) To remand the minor to the custody of the
14

Department of Human Services and order a hearing to be
15

conducted pursuant to the provisions of the Mental
16

Health and Developmental Disabilities Code. The
17

Department of Human Services shall have 7 days from
18

the date it receives the minor to prepare and file the
19

necessary petition and certificates that are required
20

for commitment under the Mental Health and
21

Developmental Disabilities Code. If the minor is
22

committed to the Department of Human Services pursuant
23

to such hearing, the court having jurisdiction over
24

the criminal matter shall dismiss the charges against
25

the minor, with the leave to reinstate. In such cases
26

the Department of Human Services shall notify the

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1

court, the State's Attorney and the minor's attorney
2

upon the discharge of the minor. A former minor so
3

committed shall be treated in the same manner as any
4

other civilly committed patient for all purposes
5

including admission, selection of the place of
6

treatment and the treatment modalities, entitlement to
7

rights and privileges, transfer, and discharge. A
8

minor who is not committed shall be remanded to the
9

court having jurisdiction of the criminal matter for
10

disposition pursuant to subparagraph (A) or (B) of
11

paragraph (2) of this Section.
12

(3) If the minor is restored to fitness and the
13

original charges against the minor are reinstated, the
14

speedy trial provisions of Section 5-601 shall commence to
15

run.

16

(705 ILCS 405/5-5A-180 new)
17

Sec. 5-5A-180.
Initial and subsequent progress reports.
18

(a) Within 30 days of entry of an order to receive services
19
to attain fitness under Sections 5-5A-165 and 5-5A-175, the
20
person in charge of supervising the minor's services shall
21
file with the court an initial report assessing the program's
22
capacity to provide appropriate services for the minor and
23
indicating the person's opinion as to the probability of the
24
minor attaining fitness within the period to attain fitness
25
provided in Section 5-5A-175. If the initial report indicates

HB5270
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1
that there is a substantial probability that the minor will
2
attain fitness within the allowed statutory period, the
3
supervisor shall also file a services plan which shall
4
include: (1) a description of the goals of services with
5
respect to rendering the minor fit, a specification of the
6
proposed modalities of services, and an estimated timetable
7
for attainment of the goals; and (2) an identification of the
8
person in charge of supervising the minor's services.
9

(b) The supervisor shall submit a subsequent written
10
progress report to the court at least 7 days prior to the date
11
of any hearing on the issue of the minor's fitness.
12

(c) If the supervisor determines that any of the following
13
circumstances are met, the supervisor shall notify the court
14
in writing as soon as possible but no later than 7 days after
15
the determination is made:
16

(1) if the supervisor believes that the minor has
17

attained fitness;
18

(2) if the supervisor believes that there is not a
19

substantial probability that the minor will attain
20

fitness, with services, within the period to attain
21

fitness under Section 5-5A-175; or
22

(3) if the supervisor believes a change in services or
23

placement is necessary.
24

(d) The initial and subsequent progress reports shall
25
contain:
26

(1) the clinical findings of the supervisor and the

HB5270
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1

facts upon which the findings are based;
2

(2) the opinion of the supervisor as to whether the
3

minor has attained fitness and as to whether the minor is
4

making progress, with services, toward attaining fitness
5

within the period set in Section 5-5A-175;
6

(3) whether the current services to attain fitness and
7

placement continue to be in the least restrictive
8

environment necessary, whether a different level of care
9

is needed, and the basis for that recommendation; and
10

(4) any other changes in recommendations of services
11

to attain fitness.
12

(e) If the supervisor of the minor's services determines,
13
under paragraph (3) of subsection (d) of this Section, that
14
the minor is not in the least restrictive environment
15
necessary to attain fitness, upon receipt of the progress
16
report, the court shall ensure that the minor is immediately
17
moved to the least restrictive environment necessary.

18

(705 ILCS 405/5-5A-185 new)
19

Sec. 5-5A-185.
Periodic hearings.
Upon entry or
20
continuation of any order to receive services to attain
21
fitness, the court shall set a date for hearing to reexamine
22
the issue of the minor's fitness not more than 90 days
23
thereafter. In addition, whenever the court receives a report
24
from the supervisor of the minor's services under subsection
25
(c) of Section 5-5A-180, the court shall set the matter for a

HB5270
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1
hearing within 14 days unless good cause is demonstrated why
2
the hearing cannot be held. On the date set, the court shall
3
conduct a hearing to redetermine the minor's fitness under
4
Section 5-5A-160.

5

(705 ILCS 405/5-5A-190 new)
6

Sec. 5-5A-190.
In-court assistance to render a minor fit.
7

(a) If the court determines that the minor could be
8
rendered fit with in-court assistance under Section 5-5A-160,
9
the court shall order in-court assistance under subsection
10
(b). A minor found unfit because of chronological immaturity
11
cannot be rendered fit with in-court assistance. A minor found
12
unfit because of relative immaturity or child traumatic stress
13
cannot be rendered fit solely with in-court assistance.
14

(b) In-court assistance may include, but is not limited
15
to:
16

(1) appointment of a qualified translator who shall
17

simultaneously translate all court proceedings into a
18

language understood by the minor; and
19

(2) appointment of an expert qualified to assist a
20

minor who, because of a disability, is unable to
21

communicate with the minor's attorney.
22

(c) If in-court assistance is provided, the case may
23
proceed to trial only if the court determines that in-court
24
assistance renders the minor fit. In such cases, the court
25
shall state for the record the following:

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1

(1) the qualifications and experience of the experts
2

or other persons appointed to provide in-court assistance
3

to the minor;
4

(2) the court's reasons for selecting or appointing
5

the particular experts or other persons to provide the
6

in-court assistance to the minor;
7

(3) how the appointment of the particular expert or
8

other persons will serve the goal of rendering the minor
9

fit, based on the appointee's qualifications and
10

experience, and the lack of functional, social, adaptive,
11

or intellectual abilities of the minor; and
12

(4) any other factors considered by the court in
13

appointing the experts or other persons.
14

(d) A minor adjudicated delinquent or found guilty
15
following a trial conducted with in-court assistance provided
16
under this Section shall not be sentenced before a written
17
report of social investigation is presented to and considered
18
by the court. The written report of social investigation shall
19
be prepared under Section 5-701 or the presentence report
20
prepared pursuant to Section 5-3-2 of the Unified Code of
21
Corrections and shall include a physical and mental
22
examination unless the court finds that the reports of prior
23
physical and mental examinations conducted under this Part are
24
adequate and recent enough to render additional examinations
25
unnecessary.

HB5270
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LRB104 19740 RLC 33190 b
1

(705 ILCS 405/5-5A-195 new)
2

Sec. 5-5A-195.
Time credit.
A sentence imposed on the
3
minor in the pending case or in any other case arising out of
4
the same conduct shall be reduced by time spent:

5

(1) in custody under orders issued under Section
6

5-5A-165 or under a commitment to the Department of Human
7

Services following a finding of unfitness under this Part;
8

(2) in any court-ordered out-of-home placement;
9

including, but not limited to, a detention facility,
10

rehabilitation center, or inpatient hospital; or
11

(3) home detention or electronic monitoring pursuant
12

to Section 5-7A-110.

13

(705 ILCS 405/5-5A-200 new)
14

Sec. 5-5A-200.
Court organization of records.
Any report
15
filed with the court concerning diagnosis, evaluation,
16
progress, or services made under this Part shall not be placed
17
in the minor's court record but shall be maintained separately
18
by the clerk of the court and shall be available only to the
19
court or an appellate court, the State, the minor, the minor's
20
attorney, the minor's parent or guardian, or a facility or
21
program that provides services to the minor under an order of
22
the court. These records of the minor shall be privileged and
23
shall not be disclosed except under the conditions set forth
24
in Section 5-910. Nothing in this Section operates to
25
extinguish any rights of a minor established by law,

HB5270
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LRB104 19740 RLC 33190 b
1
including, but not limited to: attorney-client,
2
physician-patient, psychologist-client, or social
3
worker-client privileges, except as otherwise provided by law.

4

(705 ILCS 405/5-5A-205 new)
5

Sec. 5-5A-205.
Sentencing guidelines for a minor who
6
attains fitness.
The court shall not impose a commitment to
7
the Department of Juvenile Justice or the Department of
8
Corrections upon the minor if the court believes that, because
9
of the minor's condition, such a sentence would not be in the
10
interests of society and the minor or would subject the minor
11
to excessive hardship. In addition to any other conditions of
12
a sentence of conditional discharge or probation, the court
13
may require that the minor receive additional services for the
14
minor's condition.

15

(705 ILCS 405/5-5A-210 new)
16

Sec. 5-5A-210.
Juvenile discharge hearing.
17

(a) As provided for in paragraph (1) of subsection (d) of
18
Section 5-5A-175 and subparagraph (A) of paragraph (2) of
19
subsection (d) of Section 5-5A-175 a hearing to determine the
20
sufficiency of the evidence shall be held. Such hearing shall
21
be conducted by the court without a jury. The State and the
22
minor's attorney may introduce evidence relevant to the
23
question of the minor's guilt of the crime charged.
24

The court may admit hearsay or affidavit evidence on

HB5270
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LRB104 19740 RLC 33190 b
1
secondary matters such as testimony to establish the chain of
2
possession of physical evidence, laboratory reports,
3
authentication of transcripts taken by official reporters,
4
court and business records, and public documents.
5

(b) If the evidence does not prove the minor guilty beyond
6
a reasonable doubt, the court shall enter a judgment of
7
acquittal; however nothing herein shall prevent the State from
8
requesting the court to commit the minor to the Department of
9
Human Services under the provisions of the Mental Health and
10
Developmental Disabilities Code.
11

(c) If the minor is found not guilty by reason of insanity,
12
the court shall enter a judgment of acquittal and the
13
proceedings after acquittal by reason of insanity under
14
Section 5-2-4 of the Unified Code of Corrections shall apply.
15

(d) If the juvenile discharge hearing does not result in
16
an acquittal of the charge, the minor may be remanded for
17
further treatment and the one year time limit set forth in
18
Section 5-5A-175 shall be extended as follows:
19

(1) If the most serious charge upon which the State
20

sustained its burden of proof was a Class 1 or Class X
21

felony, the treatment period may be extended up to a
22

maximum treatment period of 2 years; if a Class 2, 3, or 4
23

felony, the treatment period may be extended up to a
24

maximum of 15 months;
25

(2) If the State sustained its burden of proof on a
26

charge of first degree murder, the treatment period may be

HB5270
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LRB104 19740 RLC 33190 b
1

extended up to a maximum treatment period of 5 years.
2

(e) Transcripts of testimony taken at a juvenile discharge
3
hearing may be admitted in evidence at a subsequent trial of
4
the case, subject to the rules of evidence, if the witness who
5
gave such testimony is legally unavailable at the time of
6
subsequent trial.
7

(f) If the court fails to enter an order of acquittal the
8
minor's attorney may appeal from such judgment in the same
9
manner provided for an appeal from a conviction in a criminal
10
case or final judgments in delinquent minor proceedings
11
arising under this Act.
12

(g) At the expiration of an extended period of treatment
13
ordered pursuant to this Section:
14

(1) Upon a finding that the minor is fit or can be
15

rendered fit consistent with Section 5-5A-190, the court
16

may proceed with trial.
17

(2) If the minor continues to be unfit to stand trial,
18

the court shall determine whether the minor is subject to
19

involuntary admission under the Mental Health and
20

Developmental Disabilities Code or constitutes a serious
21

threat to the public safety. If so found, the minor shall
22

be remanded to the Department of Human Services for
23

further treatment and shall be treated in the same manner
24

as a civilly committed patient for all purposes, except
25

that the original court having jurisdiction over the minor
26

shall be required to approve any conditional release or

HB5270
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LRB104 19740 RLC 33190 b
1

discharge of the minor, for the period of commitment equal
2

to the maximum sentence to which the minor would have been
3

subject had the minor been convicted in a criminal
4

proceeding or the maximum sentence available for those
5

subject to the exclusive jurisdiction of the Juvenile
6

Court Act of 1987. During this period of commitment, the
7

original court having jurisdiction over the minor shall
8

hold hearings under clause (i) of this subsection (2).
9

However, if the minor is remanded to the Department of
10

Human Services, the minor shall be placed in a secure
11

setting unless the court determines that there are
12

compelling reasons why such a placement is not necessary.
13

If the minor does not have a current treatment plan,
14

then within 3 days of admission under this subdivision
15

(g)(2), a treatment plan shall be prepared for each minor
16

and entered into the minor's record. The plan shall
17

include (i) an assessment of the minor's treatment needs,
18

(ii) a description of the services recommended for
19

treatment, (iii) the goals of each type of element of
20

service, (iv) an anticipated timetable for the
21

accomplishment of the goals, and (v) a designation of the
22

qualified professional responsible for the implementation
23

of the plan. The plan shall be reviewed and updated as the
24

clinical condition warrants, but not less than every 30
25

days.
26

Every 90 days after the initial admission under this

HB5270
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LRB104 19740 RLC 33190 b
1

subdivision (g)(2), the facility director shall file a
2

typed treatment plan report with the original court having
3

jurisdiction over the minor. The report shall include an
4

opinion as to whether the minor is fit to stand trial and
5

whether the minor is currently subject to involuntary
6

admission, in need of mental health services on an
7

inpatient basis, or in need of mental health services on
8

an outpatient basis. The report shall also summarize the
9

basis for those findings and provide a current summary of
10

the 5 items required in a treatment plan. A copy of the
11

report shall be forwarded to the clerk of the court, the
12

State's Attorney, and the minor's attorney.
13

The court on its own motion may order a hearing to
14

review the treatment plan. The minor, the minor's
15

attorney, or the State's Attorney may request a treatment
16

plan review every 90 days and the court shall review the
17

current treatment plan to determine whether the plan
18

complies with the requirements of this Section. The court
19

may order an independent examination on its own initiative
20

and shall order such an evaluation if either the recipient
21

or the State's Attorney so requests and has demonstrated
22

to the court that the plan cannot be effectively reviewed
23

by the court without such an examination. Under no
24

circumstances shall the court be required to order an
25

independent examination pursuant to this Section more than
26

once each year. The examination shall be conducted by an

HB5270
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LRB104 19740 RLC 33190 b
1

expert as defined in Section 5-5A-135 who is not in the
2

employ of the Department of Human Services.
3

If, during the period within which the minor is
4

confined in a secure setting, the court enters an order
5

that requires the minor to appear, the court shall timely
6

transmit a copy of the order or writ to the director of the
7

particular Department of Human Services facility where the
8

minor resides authorizing the transportation of the minor
9

to the court for the purpose of the hearing.
10

(A) 180 days after a minor is remanded to the
11

Department of Human Services, under paragraph (2), and
12

every 180 days thereafter for so long as the minor is
13

confined under the order entered thereunder, the court
14

shall set a hearing and shall direct that notice of the
15

time and place of the hearing be served upon the minor,
16

the facility director, the State's Attorney, and the
17

minor's attorney. If requested by either the State,
18

the minor, or the minor's attorney or if the court
19

determines that it is appropriate, an impartial
20

examination of the minor by an expert as defined in
21

Section 5-5A-135 who is not in the employ of the
22

Department of Human Services shall be ordered, and the
23

report considered at the time of the hearing. If the
24

minor is not currently represented by an attorney, the
25

court shall appoint the public defender to represent
26

the minor at the hearing. The court shall make a

HB5270
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LRB104 19740 RLC 33190 b
1

finding as to whether the minor is:
2

(i) subject to involuntary admission; or
3

(ii) in need of mental health services in the
4

form of inpatient care; or
5

(iii) in need of mental health services but
6

not subject to involuntary admission nor inpatient
7

care. The findings of the court shall be
8

established by clear and convincing evidence and
9

the burden of proof and the burden of going
10

forward with the evidence shall rest with the
11

State's Attorney. Upon finding by the court, the
12

court shall enter its findings and an appropriate
13

order.
14

(B) The terms "subject to involuntary admission",
15

"in need of mental health services in the form of
16

inpatient care" and "in need of mental health services
17

but not subject to involuntary admission nor inpatient
18

care" shall have the meanings ascribed to them in
19

clause (d) of Section 5-2-4 of the Unified Code of
20

Corrections.
21

(3) If the minor is not committed pursuant to this
22

Section, the minor shall be released.
23

(4) In no event may the treatment period be extended
24

to exceed the maximum sentence to which a minor would have
25

been subject had the minor been convicted in a criminal
26

proceeding or the maximum sentence available for those

HB5270
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LRB104 19740 RLC 33190 b
1

subject to the exclusive jurisdiction of the Juvenile
2

Court Act.

3

(705 ILCS 405/5-5A-215 new)
4

Sec. 5-5A-215.
Juvenile Discharge Hearing Task Force.
5

(a) The Juvenile Discharge Hearing Task Force is created
6
to examine the juvenile discharge hearing process, compare
7
Illinois' process with those of other states with juvenile
8
fitness standards, and recommend reforms to the process that
9
ensures minors receive meaningful treatment for existing
10
mental health needs. The recommendations shall include
11
statutory language to update Section 5-5A-210 and whether the
12
juvenile discharge hearing should take place on the same
13
timeframe as discharge hearings for adult offenders.
14

(b) The Task Force shall consist of the following members,
15
all of whom shall serve without compensation:
16

(1) the Executive Director of the Illinois Juvenile
17

Justice Commission, or the Executive Director's designee,
18

who shall serve as Chair;
19

(2) one member of the General Assembly, appointed by
20

the President of the Senate;
21

(3) one member of the General Assembly, appointed by
22

the Minority Leader of the Senate;
23

(4) one member of the General Assembly, appointed by
24

the Speaker of the House of Representatives;
25

(5) one member of the General Assembly, appointed by

HB5270
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LRB104 19740 RLC 33190 b
1

the House Minority Leader;
2

(6) the Secretary of the Department of Human Services,
3

or the Secretary's designee;
4

(7) the Director of the Administrative Office of the
5

Illinois Courts, or the Director's designee;
6

(8) the Cook County State's Attorney, or the State's
7

Attorney's designee;
8

(9) a member nominated by a statewide organization
9

that represents State's Attorneys and appointed by the
10

Governor;
11

(10) the Cook County Public Defender, or the Public
12

Defender's designee;
13

(11) a member nominated by a statewide organization
14

that represents public defenders and appointed by the
15

Governor;
16

(12) one expert fitness evaluator, appointed by the
17

Governor;
18

(13) one representative of an Illinois organization
19

that advocates for currently and formerly incarcerated
20

youth, appointed by the Governor;
21

(14) one representative from a statewide organization
22

that advocates on behalf of the community-based services
23

for children and families, appointed by the Governor; and
24

(15) one representative of a statewide organization
25

that advocates for youth living with mental health
26

conditions, appointed by the Governor.

HB5270
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LRB104 19740 RLC 33190 b
1

(c) Within 60 days of the effective date of this Act of the
2
104th General Assembly, the Chair shall establish the Task
3
Force. The Task Force will meet at the call of the Chair. The
4
Illinois Department of Human Services shall provide
5
administrative support to the Task Force.
6

(d) The Task Force may meet in person or virtually and
7
shall issue a written report of its findings and
8
recommendations to the General Assembly on or before July 1,
9
2027.
10

(e) This Section is repealed on January 1, 2028.

11

(705 ILCS 405/5-5A-220 new)
12

Sec. 5-5A-220.
Follow-up study and recommendations.
The
13
Illinois Department of Human Services shall develop and
14
recommend mechanisms to collect and analyze data,
15
disaggregated by race, ethnicity, gender, geography, age, and
16
socioeconomic status, resulting from the implementation of
17
this Part. The report and recommendations shall be submitted
18
to the General Assembly by January 1, 2029.

19

Section 997.
Severability.
The provisions of this Act are
20
severable under Section 1.31 of the Statute on Statutes.

21

Section 999.
Effective date.
This Act takes effect July 1,
22
2026.

HB5270
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LRB104 19740 RLC 33190 b
1

INDEX

2

Statutes amended in order of appearance

3

705 ILCS 405/Art. V Pt. 5A
4

heading new
5

705 ILCS 405/5-5A-101 new
6

705 ILCS 405/5-5A-105 new
7

705 ILCS 405/5-5A-110 new
8

705 ILCS 405/5-5A-115 new
9

705 ILCS 405/5-5A-120 new
10

705 ILCS 405/5-5A-125 new
11

705 ILCS 405/5-5A-130 new
12

705 ILCS 405/5-5A-135 new
13

705 ILCS 405/5-5A-140 new
14

705 ILCS 405/5-5A-145 new
15

705 ILCS 405/5-5A-150 new
16

705 ILCS 405/5-5A-155 new
17

705 ILCS 405/5-5A-160 new
18

705 ILCS 405/5-5A-165 new
19

705 ILCS 405/5-5A-170 new
20

705 ILCS 405/5-5A-175 new
21

705 ILCS 405/5-5A-180 new
22

705 ILCS 405/5-5A-185 new
23

705 ILCS 405/5-5A-190 new
24

705 ILCS 405/5-5A-195 new
25

705 ILCS 405/5-5A-200 new

HB5270
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LRB104 19740 RLC 33190 b
1

705 ILCS 405/5-5A-205 new
2

705 ILCS 405/5-5A-210 new
3

705 ILCS 405/5-5A-215 new
4

705 ILCS 405/5-5A-220 new

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