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IL HB5270

IL HB5270
JUV CT-FITNESS TO STAND TRIAL


summary

Introduced
02/05/2026
In Committee
02/10/2026
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

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.

AI Summary

This bill amends the Juvenile Court Act of 1987 to establish new procedures for determining a minor's fitness to stand trial, recognizing that minors are developmentally different from adults and may have limited abilities to understand legal proceedings or assist in their defense due to factors like chronological immaturity (age-related limitations), relative immaturity (compared to peers), mental illness, substance use disorders, developmental disabilities, or child traumatic stress (exposure to trauma causing lasting reactions). The bill outlines the standard for unfitness, which includes lacking the ability to consult with an attorney or understand the proceedings, and details procedures for raising this issue, including fitness evaluations by qualified experts, with specific burdens of proof for the state depending on the minor's age. It also sets timelines for evaluations and hearings, requirements for services to help a minor attain fitness, and provisions for time credit and legal disposition if fitness cannot be achieved, including the creation of a Juvenile Discharge Hearing Task Force to study and recommend reforms to the juvenile discharge hearing process.

Sponsors (5)

Last Action

Added Co-Sponsor Rep. Will Guzzardi (on 02/23/2026)

bill text


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