SB 3526

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Full Text of SB3526
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	SB3526 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3526
Introduced 2/5/2026, by Sen. Lakesia Collins
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 19295 RLC 32741 b
A BILL FOR
		SB3526		LRB104 19295 RLC 32741 b
1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5adding Part 5A to Article V as follows:
6    (705 ILCS 405/Art. V Pt. 5A heading new)
7PART 5A.  FITNESS TO STAND TRIAL
8    (705 ILCS 405/5-5A-101 new)
9    Sec. 5-5A-101. Purpose. This Part recognizes that minors 
10are substantially different from adults and therefore creates 
11procedures to establish fitness to stand trial that 
12accommodate these differences. Currently in Illinois, minors 
13of any age can be arrested, charged, and prosecuted. This 
14approach is inconsistent with developmental science, which 
15overwhelmingly finds that minors are limited in their ability 
16to understand the consequences of their actions, manage 
17impulses and peer influence, and to plan for the future. 
18Modern neuroscience explains both limitations on culpability 
19for minors, defined as an individual's blameworthiness or 
20responsibility for a criminal action, as well as limitations 
21on the ability to assist with and make critical decisions 
22regarding one's own legal defense. Accordingly, prosecutors, 
		SB3526	- 2 -	LRB104 19295 RLC 32741 b
1defense counsel, and courts must carefully consider 
2chronological immaturity, relative immaturity, and the impact 
3of trauma, as well as other relevant factors, in considering 
4the fitness of a minor to be tried, adjudicated or convicted, 
5and sentenced. These factors should be given significant 
6weight when determining the fitness of a minor under the age of 
714.
8    This Part is intended to support minors through practices 
9that are trauma-informed and that protect a minor's rights and 
10dignity; questions of interpretation shall be resolved in line 
11with these practices. This Part recognizes that the ability to 
12understand charges and to participate meaningfully in one's 
13own defense evolve gradually throughout childhood and early 
14adulthood and that each minor shall receive developmentally 
15appropriate responses that reflect the best understanding of 
16the 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 
20traumatic events over the course of a minor's life that 
21results in that minor developing reactions that persist and 
22that interfere with the minor's functional, social, adaptive, 
23or intellectual ability.
24    "Chronological immaturity" means a lack of functional, 
25social, adaptive, or intellectual ability due to chronological 
		SB3526	- 3 -	LRB104 19295 RLC 32741 b
1age.
2    "Developmental disability" means a disability that is 
3attributable to an intellectual disability, cerebral palsy, 
4epilepsy, autism, a learning disability, or any other 
5condition that results in impaired functional, social, 
6adaptive, or intellectual ability.
7    "Mental illness" means a mental or emotional disorder that 
8substantially impairs a person's thought, perception of 
9reality, emotional process, judgment, behavior, or ability to 
10cope with the ordinary demands of life.
11    "Minor" means a person under the age of 21 who was under 18 
12years of age at the time of the alleged offense initiating the 
13petition or charge. "Relative immaturity" means a lack of 
14functional, social, adaptive, or intellectual ability when a 
15minor is compared to other minors of the same chronological 
16age. "Substance use disorder" has the meaning given to that 
17term 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; 
		SB3526	- 4 -	LRB104 19295 RLC 32741 b
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 
18conditions, including, but not limited to, physical condition, 
19mental illness, substance use disorder, developmental 
20disability, chronological immaturity, relative immaturity, or 
21child traumatic stress may be considered in determining 
22whether the minor meets the unfitness standard.
23    (c) A diagnosis is not required for a finding of 
24unfitness.
25    (705 ILCS 405/5-5A-115 new)
		SB3526	- 5 -	LRB104 19295 RLC 32741 b
1    Sec. 5-5A-115. Raising the issue of unfitness.
2    (a) The issue of the minor's fitness to stand trial, to 
3plead, or to be sentenced may be raised by the minor's 
4attorney, the State, or the court at any time before a plea is 
5entered or before, during, or after trial. If the issue of 
6fitness is raised by the State, the State has the burden of 
7proving a bona fide doubt of the minor's fitness has been 
8raised. If the issue of fitness is raised by the minor's 
9attorney, that attorney has the burden of proving a bona fide 
10doubt of the minor's fitness has been raised. When a bona fide 
11doubt of the minor's fitness is raised, the court shall order a 
12determination of the issue of fitness before proceeding 
13further.
14    (b) Upon request of the minor's attorney that a qualified 
15expert be appointed to examine the minor to determine prior to 
16trial or adjudicatory hearing if a bona fide doubt as to a 
17minor's fitness to stand trial or plead may be raised, the 
18court shall order an appropriate examination. However, no 
19order entered pursuant to this subsection shall prevent 
20further proceedings in the case. An expert so appointed shall 
21examine the minor and make a report as provided in Section 
225-5A-125. Such report shall only be tendered to the minor's 
23attorney. If the minor's attorney raises the issue of fitness 
24based on the report, that report shall be provided to the court 
25and the State. If the court finds a bona fide doubt of fitness 
26has been raised pursuant to this subsection, the matter shall 
		SB3526	- 6 -	LRB104 19295 RLC 32741 b
1proceed to a hearing pursuant to Section 5-5A-160 before 
2proceeding further. Upon the filing with the court of a 
3verified statement of services rendered, the court shall order 
4the county board to pay such expert a reasonable fee stated in 
5the order.
6    (c) Nothing in this Section operates to extinguish any 
7rights of a minor established by attorney-client privilege.
8    (d) In all proceedings under this Act, the juvenile court 
9shall apply the fitness standards as set forth in this Part. 
10When a minor is being prosecuted under the criminal laws of 
11this State, the criminal court shall apply the fitness 
12standards in this Part.
13    (705 ILCS 405/5-5A-120 new)
14    Sec. 5-5A-120. Burdens and presumptions. In making 
15determinations concerning a minor's fitness, the following 
16burdens 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;
		SB3526	- 7 -	LRB104 19295 RLC 32741 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 
10fitness evaluation under subsection (b) of Section 5-5A-115 or 
11a bona fide doubt of fitness is raised, the court must appoint 
12one or more qualified experts under Section 5-5A-135. Each 
13expert shall evaluate whether the minor is fit and submit a 
14report of the expert's findings to the court under Section 
155-5A-155. No expert employed or contracted by the Department 
16of Human Services shall be ordered to perform, in the expert's 
17official capacity, an initial fitness examination under this 
18Section. Upon request of the minor's attorney, the court may 
19permit 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 
22evaluation must be conducted in the least restrictive 
23environment for the minor. The evaluation must be conducted in 
24person whenever possible. Video technology for a remote 
		SB3526	- 8 -	LRB104 19295 RLC 32741 b
1evaluation may be used only as a last resort. If video 
2technology is used, it must be a secure platform. No facility 
3of the Department of Human Services shall be utilized for this 
4purpose.
5    (705 ILCS 405/5-5A-135 new)
6    Sec. 5-5A-135. Qualification of experts. An expert 
7evaluating the minor under Section 5-5A-125 or Section 
85-5A-220 must either be a licensed clinical psychologist or 
9psychiatrist with training and experience in forensics, child 
10development, and child trauma.
11    (705 ILCS 405/5-5A-140 new)
12    Sec. 5-5A-140. Timeline for evaluation. The fitness 
13evaluation and report written under Section 5-5A-155 must be 
14completed within 30 days of a court order entered pursuant to 
15subsection (b) of Section 5-5A-115 or a bona fide doubt is 
16raised under subsection (a) of 5-5A-115. The time for 
17completion of the fitness evaluation may be extended an 
18additional 30 days for good cause shown.
19    (705 ILCS 405/5-5A-145 new)
20    Sec. 5-5A-145. Statements made during evaluation. No 
21statement made by the minor during the evaluation conducted 
22under Section 5-5A-125 shall be used against the minor in the 
23current court proceedings or in any future proceedings unless 
		SB3526	- 9 -	LRB104 19295 RLC 32741 b
1the minor raises the defense of insanity or the defense of 
2intoxicated or drugged condition. No statement made by the 
3minor relating to the alleged offense or other offenses shall 
4be included in the report required under Section 5-5A-155. The 
5court must advise the minor before the evaluation takes place 
6that no statement made during the evaluation shall be used 
7against 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 
115-5A-125 shall be video recorded.
12    (b) Subject to subsection (b) of Section 5-5A-115, the 
13video recording of a fitness evaluation is confidential and 
14may be viewed only by the court, the expert conducting the 
15evaluation defined in Section 5-5A-125, the minor's attorney, 
16the State, and any other expert in the proceedings deemed 
17necessary 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 
21evaluation is conducted under Section 5-5A-125, the appointed 
22expert must submit a written report of the findings to the 
23court. The evaluation report must detail the methods and tools 
24used during the evaluation and be made in writing.
		SB3526	- 10 -	LRB104 19295 RLC 32741 b
1    (b) The evaluation report shall address the minor's 
2capacity 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 
		SB3526	- 11 -	LRB104 19295 RLC 32741 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 
4compare the minor being examined to juvenile norms that are 
5broadly defined as those skills typically possessed by a minor 
6of average intelligence and maturity.
7    (d) The expert shall determine and report if the minor 
8suffers from mental illness, substance use disorder, 
9developmental disability, chronological immaturity, or 
10relative immaturity.
11    (e) If the minor suffers from mental illness, 
12developmental disability, chronological immaturity, or 
13relative immaturity, the expert shall report the severity of 
14the impairment and its potential effect on the minor's fitness 
15to proceed.
16    (f) If the expert determines that the minor suffers from 
17chronological immaturity or relative immaturity, the expert 
18shall report a comparison of the minor to a minor of average 
19intelligence and maturity.
20    (g) If the expert determines that the minor suffers from a 
21mental illness, the expert shall provide the following 
22information:
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:
		SB3526	- 12 -	LRB104 19295 RLC 32741 b
1        (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 
		SB3526	- 13 -	LRB104 19295 RLC 32741 b
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 
11stand trial or plead because of a disability, the report shall 
12include an opinion as to the likelihood of the minor attaining 
13fitness within a period of time from the date of the finding of 
14unfitness 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 
18an evaluation conducted, the court shall conduct a hearing to 
19determine the issue of the minor's fitness within 30 days of 
20receipt of the evaluation report described in Section 
215-5A-155, unless the timeline is waived by the minor's 
22attorney or good cause is shown.
23    (b) The minor has the right to be present at every hearing 
24on the issue of the minor's fitness.
25    (c) On the basis of the evidence before it, the court must 
		SB3526	- 14 -	LRB104 19295 RLC 32741 b
1determine whether the minor is unfit to stand trial pursuant 
2to Section 5-5A-110. If the court finds that the minor is 
3unfit, 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 
11not a substantial probability the minor will attain fitness 
12within the statutory period as set forth in Section 5-5A-175, 
13the court shall proceed under subsection (d) of Section 
145-5A-175.
15    (e) If the court finds the minor is unfit but that there is 
16a substantial probability that the minor will become fit 
17within the period to attain fitness set forth in Section 
185-5A-175, or if the court is unable to determine whether a 
19substantial probability exists, the court shall order the 
20minor to receive services to attain fitness on either an 
21inpatient or outpatient basis. If the court is unable to 
22determine whether a substantial probability exists and orders 
23the minor to receive services to attain fitness, the court 
24shall conduct a hearing as soon as possible following the 
25receipt of the report filed under Section 5-5A-180 to 
26determine whether there is a substantial probability that the 
		SB3526	- 15 -	LRB104 19295 RLC 32741 b
1minor will attain fitness within the statutory period.
2    (f) If the court finds that the minor is unfit to stand 
3trial, it shall proceed under this Act. If the court finds that 
4the minor could be rendered fit with in-court assistance, the 
5court shall order in-court assistance pursuant to Section 
65-5A-190.
7    (g) An order finding the minor unfit to stand trial is a 
8final 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 
12Section 5-5A-160, the court shall determine if the minor will 
13receive services on an inpatient or outpatient basis. If 
14inpatient, the minor shall be placed at a facility approved by 
15the Department of Human Services to provide residential, 
16restoration care and treatment. If the court orders the minor 
17to receive services on an outpatient basis, such services 
18shall be rendered in the community at a program approved by the 
19Department of Human Services. Court-ordered services and 
20placements shall be consistent with the recommendations in the 
21evaluation report. All services shall be trauma-informed, 
22developmentally appropriate, and provided in the least 
23restrictive environment considering the needs and best 
24interests of the minor. A placement may be ordered on an 
25inpatient basis only when the minor exhibits clinical needs 
		SB3526	- 16 -	LRB104 19295 RLC 32741 b
1warranting a hospital level of care.
2    (b) Within 5 days of a court order for services to attain 
3fitness entered under Section 5-5A-160, the clerk of the 
4circuit court shall transmit to the Department of Human 
5Services, and any other agency or institution providing 
6services 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 
20unfitness, the court may hear and rule on any pretrial motion 
21or motions if the minor's presence is not essential to a fair 
22determination of the issues. A motion may be reheard upon a 
23showing that evidence is available which was not available, 
24due to the minor's unfitness, when the motion was first 
25decided.
		SB3526	- 17 -	LRB104 19295 RLC 32741 b
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 
4time a court may order a minor to receive services to attain 
5fitness shall be one year.
6    (b) For a minor charged with a misdemeanor, the maximum 
7total period a court may order a minor to receive services to 
8attain fitness shall be no longer than the length of the 
9sentence that could be imposed if the minor were adjudicated 
10delinquent or found guilty of the misdemeanor offense for 
11which the minor was charged, or one year whichever is shorter.
12    (c) The period to attain fitness shall begin with the 
13court's first finding of unfitness during a fitness hearing 
14under Section 5-5A-160.
15    (d) If the minor cannot attain fitness to stand trial and 
16the court determines that the minor cannot be rendered fit 
17with in-court assistance pursuant to Section 5-5A-190, then 
18the 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 
		SB3526	- 18 -	LRB104 19295 RLC 32741 b
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 
		SB3526	- 19 -	LRB104 19295 RLC 32741 b
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 
19to attain fitness under Sections 5-5A-165 and 5-5A-175, the 
20person in charge of supervising the minor's services shall 
21file with the court an initial report assessing the program's 
22capacity to provide appropriate services for the minor and 
23indicating the person's opinion as to the probability of the 
24minor attaining fitness within the period to attain fitness 
25provided in Section 5-5A-175. If the initial report indicates 
		SB3526	- 20 -	LRB104 19295 RLC 32741 b
1that there is a substantial probability that the minor will 
2attain fitness within the allowed statutory period, the 
3supervisor shall also file a services plan which shall 
4include: (1) a description of the goals of services with 
5respect to rendering the minor fit, a specification of the 
6proposed modalities of services, and an estimated timetable 
7for attainment of the goals; and (2) an identification of the 
8person in charge of supervising the minor's services.
9    (b) The supervisor shall submit a subsequent written 
10progress report to the court at least 7 days prior to the date 
11of any hearing on the issue of the minor's fitness.
12    (c) If the supervisor determines that any of the following 
13circumstances are met, the supervisor shall notify the court 
14in writing as soon as possible but no later than 7 days after 
15the 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 
25contain:
26        (1) the clinical findings of the supervisor and the 
		SB3526	- 21 -	LRB104 19295 RLC 32741 b
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, 
13under paragraph (3) of subsection (d) of this Section, that 
14the minor is not in the least restrictive environment 
15necessary to attain fitness, upon receipt of the progress 
16report, the court shall ensure that the minor is immediately 
17moved to the least restrictive environment necessary.
18    (705 ILCS 405/5-5A-185 new)
19    Sec. 5-5A-185. Periodic hearings. Upon entry or 
20continuation of any order to receive services to attain 
21fitness, the court shall set a date for hearing to reexamine 
22the issue of the minor's fitness not more than 90 days 
23thereafter. In addition, whenever the court receives a report 
24from the supervisor of the minor's services under subsection 
25(c) of Section 5-5A-180, the court shall set the matter for a 
		SB3526	- 22 -	LRB104 19295 RLC 32741 b
1hearing within 14 days unless good cause is demonstrated why 
2the hearing cannot be held. On the date set, the court shall 
3conduct a hearing to redetermine the minor's fitness under 
4Section 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 
8rendered fit with in-court assistance under Section 5-5A-160, 
9the court shall order in-court assistance under subsection 
10(b). A minor found unfit because of chronological immaturity 
11cannot be rendered fit with in-court assistance. A minor found 
12unfit because of relative immaturity or child traumatic stress 
13cannot be rendered fit solely with in-court assistance.
14    (b) In-court assistance may include, but is not limited 
15to:
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 
23proceed to trial only if the court determines that in-court 
24assistance renders the minor fit. In such cases, the court 
25shall state for the record the following:
		SB3526	- 23 -	LRB104 19295 RLC 32741 b
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 
15following a trial conducted with in-court assistance provided 
16under this Section shall not be sentenced before a written 
17report of social investigation is presented to and considered 
18by the court. The written report of social investigation shall 
19be prepared under Section 5-701 or the presentence report 
20prepared pursuant to Section 5-3-2 of the Unified Code of 
21Corrections and shall include a physical and mental 
22examination unless the court finds that the reports of prior 
23physical and mental examinations conducted under this Part are 
24adequate and recent enough to render additional examinations 
25unnecessary.
		SB3526	- 24 -	LRB104 19295 RLC 32741 b
1    (705 ILCS 405/5-5A-195 new)
2    Sec. 5-5A-195. Time credit. A sentence imposed on the 
3minor in the pending case or in any other case arising out of 
4the 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 
15filed with the court concerning diagnosis, evaluation, 
16progress, or services made under this Part shall not be placed 
17in the minor's court record but shall be maintained separately 
18by the clerk of the court and shall be available only to the 
19court or an appellate court, the State, the minor, the minor's 
20attorney, the minor's parent or guardian, or a facility or 
21program that provides services to the minor under an order of 
22the court. These records of the minor shall be privileged and 
23shall not be disclosed except under the conditions set forth 
24in Section 5-910. Nothing in this Section operates to 
25extinguish any rights of a minor established by law, 
		SB3526	- 25 -	LRB104 19295 RLC 32741 b
1including, but not limited to: attorney-client, 
2physician-patient, psychologist-client, or social 
3worker-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 
6attains fitness. The court shall not impose a commitment to 
7the Department of Juvenile Justice or the Department of 
8Corrections upon the minor if the court believes that, because 
9of the minor's condition, such a sentence would not be in the 
10interests of society and the minor or would subject the minor 
11to excessive hardship. In addition to any other conditions of 
12a sentence of conditional discharge or probation, the court 
13may require that the minor receive additional services for the 
14minor'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 
18Section 5-5A-175 and subparagraph (A) of paragraph (2) of 
19subsection (d) of Section 5-5A-175 a hearing to determine the 
20sufficiency of the evidence shall be held. Such hearing shall 
21be conducted by the court without a jury. The State and the 
22minor's attorney may introduce evidence relevant to the 
23question of the minor's guilt of the crime charged.
24    The court may admit hearsay or affidavit evidence on 
		SB3526	- 26 -	LRB104 19295 RLC 32741 b
1secondary matters such as testimony to establish the chain of 
2possession of physical evidence, laboratory reports, 
3authentication of transcripts taken by official reporters, 
4court and business records, and public documents.
5    (b) If the evidence does not prove the minor guilty beyond 
6a reasonable doubt, the court shall enter a judgment of 
7acquittal; however nothing herein shall prevent the State from 
8requesting the court to commit the minor to the Department of 
9Human Services under the provisions of the Mental Health and 
10Developmental Disabilities Code.
11    (c) If the minor is found not guilty by reason of insanity, 
12the court shall enter a judgment of acquittal and the 
13proceedings after acquittal by reason of insanity under 
14Section 5-2-4 of the Unified Code of Corrections shall apply.
15    (d) If the juvenile discharge hearing does not result in 
16an acquittal of the charge, the minor may be remanded for 
17further treatment and the one year time limit set forth in 
18Section 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 
		SB3526	- 27 -	LRB104 19295 RLC 32741 b
1    extended up to a maximum treatment period of 5 years.
2    (e) Transcripts of testimony taken at a juvenile discharge 
3hearing may be admitted in evidence at a subsequent trial of 
4the case, subject to the rules of evidence, if the witness who 
5gave such testimony is legally unavailable at the time of 
6subsequent trial.
7    (f) If the court fails to enter an order of acquittal the 
8minor's attorney may appeal from such judgment in the same 
9manner provided for an appeal from a conviction in a criminal 
10case or final judgments in delinquent minor proceedings 
11arising under this Act.
12    (g) At the expiration of an extended period of treatment 
13ordered 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 
		SB3526	- 28 -	LRB104 19295 RLC 32741 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 
		SB3526	- 29 -	LRB104 19295 RLC 32741 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 
		SB3526	- 30 -	LRB104 19295 RLC 32741 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 
		SB3526	- 31 -	LRB104 19295 RLC 32741 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 
		SB3526	- 32 -	LRB104 19295 RLC 32741 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 
6to examine the juvenile discharge hearing process, compare 
7Illinois' process with those of other states with juvenile 
8fitness standards, and recommend reforms to the process that 
9ensures minors receive meaningful treatment for existing 
10mental health needs. The recommendations shall include 
11statutory language to update Section 5-5A-210 and whether the 
12juvenile discharge hearing should take place on the same 
13timeframe as discharge hearings for adult offenders.
14    (b) The Task Force shall consist of the following members, 
15all 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 
		SB3526	- 33 -	LRB104 19295 RLC 32741 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.
		SB3526	- 34 -	LRB104 19295 RLC 32741 b
1    (c) Within 60 days of the effective date of this Act of the 
2104th General Assembly, the Chair shall establish the Task 
3Force. The Task Force will meet at the call of the Chair. The 
4Illinois Department of Human Services shall provide 
5administrative support to the Task Force.
6    (d) The Task Force may meet in person or virtually and 
7shall issue a written report of its findings and 
8recommendations to the General Assembly on or before July 1, 
92027.
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 
13Illinois Department of Human Services shall develop and 
14recommend mechanisms to collect and analyze data, 
15disaggregated by race, ethnicity, gender, geography, age, and 
16socioeconomic status, resulting from the implementation of 
17this Part. The report and recommendations shall be submitted 
18to the General Assembly by January 1, 2029.
19    Section 997. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
21    Section 999. Effective date. This Act takes effect July 1,
222026.
		SB3526	- 35 -	LRB104 19295 RLC 32741 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
		SB3526	- 36 -	LRB104 19295 RLC 32741 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