Release Date 05-03-2011
SPRINGFIELD, IL –
State
Rep. Karen Yarbrough (D-Maywood) has passed legislation
out of the Illinois House to require a court of law,
before committing a minor to detention in the Department
of Juvenile Justice, to examine less restrictive options
and demonstrate that removing a minor from their home is
in the best interest of the minor, their family, and the
public at large.
“Removing a child from their home and committing them to
the custody of the Department of Juvenile Justice is a
serious decision with far-reaching ramifications, which
is why it is critical that our justice system better
examine other alternatives,” Yarbrough said.
Under
current law, a court may commit any delinquent minor who
has been deemed a ward of the court to the Department of
Juvenile Justice if it finds that his or her parents or
guardian are unfit or unable to care for the minor, or
are unwilling to do so. Further, it must be established
that commitment is the best interest of the minor and
the public will not be served by other types of
placement, and that it is necessary to ensure the
protection of the public from the delinquent’s criminal
activity.
Yarbrough’s House Bill 83 would add additional
requirements that must be satisfied before a minor is
committed to the Department. Under her legislation, a
court must determine that commitment is the least
restrictive option based on evidence that efforts were
made to find alternatives to secure confinement, and
evidence must be shown as to why the efforts were
unsuccessful. Additionally, it must be demonstrated that
the court made reasonable efforts to avoid removing a
minor from their home, and that such removal is in the
best interest of the minor, their family, and the public
at large.
“When
we talk about juvenile justice, it is important to
remember that we aren’t just dealing with behaviors that
exist at a specific moment in time,” Yarbrough said.
“The way we address and punish delinquent minors has a
lasting effect on the life of the child, and extends
into adulthood. If we can make it easier for them to
better their lives and avoid creating a lifelong
criminal, we should exhaust every other alternative
before confinement.”
House Bill 83 has
passed the Illinois House and is before the state Senate
for further consideration. For more
information, please contact Yarbrough’s constituent
service office at (708) 615-1747.
