Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2619  100th General Assembly

HB2619eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB2619 EngrossedLRB100 06170 SLF 16204 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
5changing Sections 5-410, 5-710 and 5-720 as follows:
 
6    (705 ILCS 405/5-410)
7    Sec. 5-410. Non-secure custody or detention.
8    (1) Any minor arrested or taken into custody under pursuant
9to this Act who requires care away from his or her home but who
10does not require physical restriction shall be given temporary
11care in a foster family home or other shelter facility
12designated by the court.
13    (2) (a) Any minor 13 10 years of age or older arrested
14under pursuant to this Act where there is probable cause to
15believe that the minor is a delinquent minor and that (i)
16secured custody is a matter of immediate and urgent necessity
17for the protection of the minor or of the person or property of
18another, (ii) the minor is likely to flee the jurisdiction of
19the court, or (iii) the minor was taken into custody under a
20warrant, may be kept or detained in an authorized detention
21facility. A minor under 13 years of age shall not be admitted,
22kept, or detained in a detention facility unless a local youth
23service provider, including a provider through the

 

 

HB2619 Engrossed- 2 -LRB100 06170 SLF 16204 b

1Comprehensive Community Based Youth Services network, has been
2contacted and has not been able to accept the minor. No minor
3under 12 years of age shall be detained in a county jail or a
4municipal lockup for more than 6 hours.
5    (b) The written authorization of the probation officer or
6detention officer (or other public officer designated by the
7court in a county having 3,000,000 or more inhabitants)
8constitutes authority for the superintendent of any juvenile
9detention home to detain and keep a minor for up to 40 hours,
10excluding Saturdays, Sundays and court-designated holidays.
11These records shall be available to the same persons and under
12pursuant to the same conditions as are law enforcement records
13as provided in Section 5-905.
14    (b-4) The consultation required by subsection (b-5) shall
15not be applicable if the probation officer or detention officer
16(or other public officer designated by the court in a county
17having 3,000,000 or more inhabitants) utilizes a scorable
18detention screening instrument, which has been developed with
19input by the State's Attorney, to determine whether a minor
20should be detained, however, subsection (b-5) shall still be
21applicable where no such screening instrument is used or where
22the probation officer, detention officer (or other public
23officer designated by the court in a county having 3,000,000 or
24more inhabitants) deviates from the screening instrument.
25    (b-5) Subject to the provisions of subsection (b-4), if a
26probation officer or detention officer (or other public officer

 

 

HB2619 Engrossed- 3 -LRB100 06170 SLF 16204 b

1designated by the court in a county having 3,000,000 or more
2inhabitants) does not intend to detain a minor for an offense
3which constitutes one of the following offenses he or she shall
4consult with the State's Attorney's Office prior to the release
5of the minor: first degree murder, second degree murder,
6involuntary manslaughter, criminal sexual assault, aggravated
7criminal sexual assault, aggravated battery with a firearm as
8described in Section 12-4.2 or subdivision (e)(1), (e)(2),
9(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
10battery involving permanent disability or disfigurement or
11great bodily harm, robbery, aggravated robbery, armed robbery,
12vehicular hijacking, aggravated vehicular hijacking, vehicular
13invasion, arson, aggravated arson, kidnapping, aggravated
14kidnapping, home invasion, burglary, or residential burglary.
15    (c) Except as otherwise provided in paragraph (a), (d), or
16(e), no minor shall be detained in a county jail or municipal
17lockup for more than 12 hours, unless the offense is a crime of
18violence in which case the minor may be detained up to 24
19hours. For the purpose of this paragraph, "crime of violence"
20has the meaning ascribed to it in Section 1-10 of the
21Alcoholism and Other Drug Abuse and Dependency Act.
22        (i) The period of detention is deemed to have begun
23    once the minor has been placed in a locked room or cell or
24    handcuffed to a stationary object in a building housing a
25    county jail or municipal lockup. Time spent transporting a
26    minor is not considered to be time in detention or secure

 

 

HB2619 Engrossed- 4 -LRB100 06170 SLF 16204 b

1    custody.
2        (ii) Any minor so confined shall be under periodic
3    supervision and shall not be permitted to come into or
4    remain in contact with adults in custody in the building.
5        (iii) Upon placement in secure custody in a jail or
6    lockup, the minor shall be informed of the purpose of the
7    detention, the time it is expected to last and the fact
8    that it cannot exceed the time specified under this Act.
9        (iv) A log shall be kept which shows the offense which
10    is the basis for the detention, the reasons and
11    circumstances for the decision to detain and the length of
12    time the minor was in detention.
13        (v) Violation of the time limit on detention in a
14    county jail or municipal lockup shall not, in and of
15    itself, render inadmissible evidence obtained as a result
16    of the violation of this time limit. Minors under 18 years
17    of age shall be kept separate from confined adults and may
18    not at any time be kept in the same cell, room or yard with
19    adults confined pursuant to criminal law. Persons 18 years
20    of age and older who have a petition of delinquency filed
21    against them may be confined in an adult detention
22    facility. In making a determination whether to confine a
23    person 18 years of age or older who has a petition of
24    delinquency filed against the person, these factors, among
25    other matters, shall be considered:
26            (A) The age of the person;

 

 

HB2619 Engrossed- 5 -LRB100 06170 SLF 16204 b

1            (B) Any previous delinquent or criminal history of
2        the person;
3            (C) Any previous abuse or neglect history of the
4        person; and
5            (D) Any mental health or educational history of the
6        person, or both.
7    (d) (i) If a minor 13 12 years of age or older is confined
8in a county jail in a county with a population below 3,000,000
9inhabitants, then the minor's confinement shall be implemented
10in such a manner that there will be no contact by sight, sound
11or otherwise between the minor and adult prisoners. Minors 13
1212 years of age or older must be kept separate from confined
13adults and may not at any time be kept in the same cell, room,
14or yard with confined adults. This paragraph (d)(i) shall only
15apply to confinement pending an adjudicatory hearing and shall
16not exceed 40 hours, excluding Saturdays, Sundays and court
17designated holidays. To accept or hold minors during this time
18period, county jails shall comply with all monitoring standards
19adopted by the Department of Corrections and training standards
20approved by the Illinois Law Enforcement Training Standards
21Board.
22    (ii) To accept or hold minors, 13 12 years of age or older,
23after the time period prescribed in paragraph (d)(i) of this
24subsection (2) of this Section but not exceeding 7 days
25including Saturdays, Sundays, and holidays pending an
26adjudicatory hearing, county jails shall comply with all

 

 

HB2619 Engrossed- 6 -LRB100 06170 SLF 16204 b

1temporary detention standards adopted by the Department of
2Corrections and training standards approved by the Illinois Law
3Enforcement Training Standards Board.
4    (iii) To accept or hold minors 13 12 years of age or older,
5after the time period prescribed in paragraphs (d)(i) and
6(d)(ii) of this subsection (2) of this Section, county jails
7shall comply with all county juvenile detention standards
8adopted by the Department of Juvenile Justice.
9    (e) When a minor who is at least 15 years of age is
10prosecuted under the criminal laws of this State, the court may
11enter an order directing that the juvenile be confined in the
12county jail. However, any juvenile confined in the county jail
13under this provision shall be separated from adults who are
14confined in the county jail in such a manner that there will be
15no contact by sight, sound or otherwise between the juvenile
16and adult prisoners.
17    (f) For purposes of appearing in a physical lineup, the
18minor may be taken to a county jail or municipal lockup under
19the direct and constant supervision of a juvenile police
20officer. During such time as is necessary to conduct a lineup,
21and while supervised by a juvenile police officer, the sight
22and sound separation provisions shall not apply.
23    (g) For purposes of processing a minor, the minor may be
24taken to a County Jail or municipal lockup under the direct and
25constant supervision of a law enforcement officer or
26correctional officer. During such time as is necessary to

 

 

HB2619 Engrossed- 7 -LRB100 06170 SLF 16204 b

1process the minor, and while supervised by a law enforcement
2officer or correctional officer, the sight and sound separation
3provisions shall not apply.
4    (3) If the probation officer or State's Attorney (or such
5other public officer designated by the court in a county having
63,000,000 or more inhabitants) determines that the minor may be
7a delinquent minor as described in subsection (3) of Section
85-105, and should be retained in custody but does not require
9physical restriction, the minor may be placed in non-secure
10custody for up to 40 hours pending a detention hearing.
11    (4) Any minor taken into temporary custody, not requiring
12secure detention, may, however, be detained in the home of his
13or her parent or guardian subject to such conditions as the
14court may impose.
15    (5) The changes made to this Section by Public Act 98-61
16apply to a minor who has been arrested or taken into custody on
17or after January 1, 2014 (the effective date of Public Act
1898-61).
19(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
20eff. 7-16-14; 99-254, eff. 1-1-16.)
 
21    (705 ILCS 405/5-710)
22    Sec. 5-710. Kinds of sentencing orders.
23    (1) The following kinds of sentencing orders may be made in
24respect of wards of the court:
25        (a) Except as provided in Sections 5-805, 5-810, 5-815,

 

 

HB2619 Engrossed- 8 -LRB100 06170 SLF 16204 b

1    a minor who is found guilty under Section 5-620 may be:
2            (i) put on probation or conditional discharge and
3        released to his or her parents, guardian or legal
4        custodian, provided, however, that any such minor who
5        is not committed to the Department of Juvenile Justice
6        under this subsection and who is found to be a
7        delinquent for an offense which is first degree murder,
8        a Class X felony, or a forcible felony shall be placed
9        on probation;
10            (ii) placed in accordance with Section 5-740, with
11        or without also being put on probation or conditional
12        discharge;
13            (iii) required to undergo a substance abuse
14        assessment conducted by a licensed provider and
15        participate in the indicated clinical level of care;
16            (iv) on and after the effective date of this
17        amendatory Act of the 98th General Assembly and before
18        January 1, 2017, placed in the guardianship of the
19        Department of Children and Family Services, but only if
20        the delinquent minor is under 16 years of age or, under
21        pursuant to Article II of this Act, a minor for whom an
22        independent basis of abuse, neglect, or dependency
23        exists. On and after January 1, 2017, placed in the
24        guardianship of the Department of Children and Family
25        Services, but only if the delinquent minor is under 15
26        years of age or, pursuant to Article II of this Act, a

 

 

HB2619 Engrossed- 9 -LRB100 06170 SLF 16204 b

1        minor for whom an independent basis of abuse, neglect,
2        or dependency exists. An independent basis exists when
3        the allegations or adjudication of abuse, neglect, or
4        dependency do not arise from the same facts, incident,
5        or circumstances which give rise to a charge or
6        adjudication of delinquency;
7            (v) placed in detention for a period not to exceed
8        30 days, either as the exclusive order of disposition
9        or, where appropriate, in conjunction with any other
10        order of disposition issued under this paragraph,
11        provided that any such detention shall be in a juvenile
12        detention home and the minor so detained shall be 13 10
13        years of age or older. However, the 30-day limitation
14        may be extended by further order of the court for a
15        minor under age 15 committed to the Department of
16        Children and Family Services if the court finds that
17        the minor is a danger to himself or others. The minor
18        shall be given credit on the sentencing order of
19        detention for time spent in detention under Sections
20        5-501, 5-601, 5-710, or 5-720 of this Article as a
21        result of the offense for which the sentencing order
22        was imposed. The court may grant credit on a sentencing
23        order of detention entered under a violation of
24        probation or violation of conditional discharge under
25        Section 5-720 of this Article for time spent in
26        detention before the filing of the petition alleging

 

 

HB2619 Engrossed- 10 -LRB100 06170 SLF 16204 b

1        the violation. A minor shall not be deprived of credit
2        for time spent in detention before the filing of a
3        violation of probation or conditional discharge
4        alleging the same or related act or acts. The
5        limitation that the minor shall only be placed in a
6        juvenile detention home does not apply as follows:
7            Persons 18 years of age and older who have a
8        petition of delinquency filed against them may be
9        confined in an adult detention facility. In making a
10        determination whether to confine a person 18 years of
11        age or older who has a petition of delinquency filed
12        against the person, these factors, among other
13        matters, shall be considered:
14                (A) the age of the person;
15                (B) any previous delinquent or criminal
16            history of the person;
17                (C) any previous abuse or neglect history of
18            the person;
19                (D) any mental health history of the person;
20            and
21                (E) any educational history of the person;
22            (vi) ordered partially or completely emancipated
23        in accordance with the provisions of the Emancipation
24        of Minors Act;
25            (vii) subject to having his or her driver's license
26        or driving privileges suspended for such time as

 

 

HB2619 Engrossed- 11 -LRB100 06170 SLF 16204 b

1        determined by the court but only until he or she
2        attains 18 years of age;
3            (viii) put on probation or conditional discharge
4        and placed in detention under Section 3-6039 of the
5        Counties Code for a period not to exceed the period of
6        incarceration permitted by law for adults found guilty
7        of the same offense or offenses for which the minor was
8        adjudicated delinquent, and in any event no longer than
9        upon attainment of age 21; this subdivision (viii)
10        notwithstanding any contrary provision of the law;
11            (ix) ordered to undergo a medical or other
12        procedure to have a tattoo symbolizing allegiance to a
13        street gang removed from his or her body; or
14            (x) placed in electronic home detention under Part
15        7A of this Article.
16        (b) A minor found to be guilty may be committed to the
17    Department of Juvenile Justice under Section 5-750 if the
18    minor is at least 13 years and under 20 years of age,
19    provided that the commitment to the Department of Juvenile
20    Justice shall be made only if the minor was found guilty of
21    a felony offense or first degree murder. The court shall
22    include in the sentencing order any pre-custody credits the
23    minor is entitled to under Section 5-4.5-100 of the Unified
24    Code of Corrections. The time during which a minor is in
25    custody before being released upon the request of a parent,
26    guardian or legal custodian shall also be considered as

 

 

HB2619 Engrossed- 12 -LRB100 06170 SLF 16204 b

1    time spent in custody.
2        (c) When a minor is found to be guilty for an offense
3    which is a violation of the Illinois Controlled Substances
4    Act, the Cannabis Control Act, or the Methamphetamine
5    Control and Community Protection Act and made a ward of the
6    court, the court may enter a disposition order requiring
7    the minor to undergo assessment, counseling or treatment in
8    a substance abuse program approved by the Department of
9    Human Services.
10    (2) Any sentencing order other than commitment to the
11Department of Juvenile Justice may provide for protective
12supervision under Section 5-725 and may include an order of
13protection under Section 5-730.
14    (3) Unless the sentencing order expressly so provides, it
15does not operate to close proceedings on the pending petition,
16but is subject to modification until final closing and
17discharge of the proceedings under Section 5-750.
18    (4) In addition to any other sentence, the court may order
19any minor found to be delinquent to make restitution, in
20monetary or non-monetary form, under the terms and conditions
21of Section 5-5-6 of the Unified Code of Corrections, except
22that the "presentencing hearing" referred to in that Section
23shall be the sentencing hearing for purposes of this Section.
24The parent, guardian or legal custodian of the minor may be
25ordered by the court to pay some or all of the restitution on
26the minor's behalf, pursuant to the Parental Responsibility

 

 

HB2619 Engrossed- 13 -LRB100 06170 SLF 16204 b

1Law. The State's Attorney is authorized to act on behalf of any
2victim in seeking restitution in proceedings under this
3Section, up to the maximum amount allowed in Section 5 of the
4Parental Responsibility Law.
5    (5) Any sentencing order where the minor is committed or
6placed in accordance with Section 5-740 shall provide for the
7parents or guardian of the estate of the minor to pay to the
8legal custodian or guardian of the person of the minor such
9sums as are determined by the custodian or guardian of the
10person of the minor as necessary for the minor's needs. The
11payments may not exceed the maximum amounts provided for by
12Section 9.1 of the Children and Family Services Act.
13    (6) Whenever the sentencing order requires the minor to
14attend school or participate in a program of training, the
15truant officer or designated school official shall regularly
16report to the court if the minor is a chronic or habitual
17truant under Section 26-2a of the School Code. Notwithstanding
18any other provision of this Act, in instances in which
19educational services are to be provided to a minor in a
20residential facility where the minor has been placed by the
21court, costs incurred in the provision of those educational
22services must be allocated based on the requirements of the
23School Code.
24    (7) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for a period of time in excess
26of that period for which an adult could be committed for the

 

 

HB2619 Engrossed- 14 -LRB100 06170 SLF 16204 b

1same act. The court shall include in the sentencing order a
2limitation on the period of confinement not to exceed the
3maximum period of imprisonment the court could impose under
4Article V of the Unified Code of Corrections.
5    (7.5) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice or placed in detention when the
7act for which the minor was adjudicated delinquent would not be
8illegal if committed by an adult.
9    (7.6) In no event shall a guilty minor be committed to the
10Department of Juvenile Justice for an offense which is a Class
114 felony under Section 19-4 (criminal trespass to a residence),
1221-1 (criminal damage to property), 21-1.01 (criminal damage to
13government supported property), 21-1.3 (criminal defacement of
14property), 26-1 (disorderly conduct), or 31-4 (obstructing
15justice), of the Criminal Code of 2012.
16    (7.75) In no event shall a guilty minor be committed to the
17Department of Juvenile Justice for an offense that is a Class 3
18or Class 4 felony violation of the Illinois Controlled
19Substances Act unless the commitment occurs upon a third or
20subsequent judicial finding of a violation of probation for
21substantial noncompliance with court-ordered court ordered
22treatment or programming.
23    (8) A minor found to be guilty for reasons that include a
24violation of Section 21-1.3 of the Criminal Code of 1961 or the
25Criminal Code of 2012 shall be ordered to perform community
26service for not less than 30 and not more than 120 hours, if

 

 

HB2619 Engrossed- 15 -LRB100 06170 SLF 16204 b

1community service is available in the jurisdiction. The
2community service shall include, but need not be limited to,
3the cleanup and repair of the damage that was caused by the
4violation or similar damage to property located in the
5municipality or county in which the violation occurred. The
6order may be in addition to any other order authorized by this
7Section.
8    (8.5) A minor found to be guilty for reasons that include a
9violation of Section 3.02 or Section 3.03 of the Humane Care
10for Animals Act or paragraph (d) of subsection (1) of Section
1121-1 of the Criminal Code of 1961 or paragraph (4) of
12subsection (a) of Section 21-1 of the Criminal Code of 2012
13shall be ordered to undergo medical or psychiatric treatment
14rendered by a psychiatrist or psychological treatment rendered
15by a clinical psychologist. The order may be in addition to any
16other order authorized by this Section.
17    (9) In addition to any other sentencing order, the court
18shall order any minor found to be guilty for an act which would
19constitute, predatory criminal sexual assault of a child,
20aggravated criminal sexual assault, criminal sexual assault,
21aggravated criminal sexual abuse, or criminal sexual abuse if
22committed by an adult to undergo medical testing to determine
23whether the defendant has any sexually transmissible disease
24including a test for infection with human immunodeficiency
25virus (HIV) or any other identified causative agency of
26acquired immunodeficiency syndrome (AIDS). Any medical test

 

 

HB2619 Engrossed- 16 -LRB100 06170 SLF 16204 b

1shall be performed only by appropriately licensed medical
2practitioners and may include an analysis of any bodily fluids
3as well as an examination of the minor's person. Except as
4otherwise provided by law, the results of the test shall be
5kept strictly confidential by all medical personnel involved in
6the testing and must be personally delivered in a sealed
7envelope to the judge of the court in which the sentencing
8order was entered for the judge's inspection in camera. Acting
9in accordance with the best interests of the victim and the
10public, the judge shall have the discretion to determine to
11whom the results of the testing may be revealed. The court
12shall notify the minor of the results of the test for infection
13with the human immunodeficiency virus (HIV). The court shall
14also notify the victim if requested by the victim, and if the
15victim is under the age of 15 and if requested by the victim's
16parents or legal guardian, the court shall notify the victim's
17parents or the legal guardian, of the results of the test for
18infection with the human immunodeficiency virus (HIV). The
19court shall provide information on the availability of HIV
20testing and counseling at the Department of Public Health
21facilities to all parties to whom the results of the testing
22are revealed. The court shall order that the cost of any test
23shall be paid by the county and may be taxed as costs against
24the minor.
25    (10) When a court finds a minor to be guilty the court
26shall, before entering a sentencing order under this Section,

 

 

HB2619 Engrossed- 17 -LRB100 06170 SLF 16204 b

1make a finding whether the offense committed either: (a) was
2related to or in furtherance of the criminal activities of an
3organized gang or was motivated by the minor's membership in or
4allegiance to an organized gang, or (b) involved a violation of
5subsection (a) of Section 12-7.1 of the Criminal Code of 1961
6or the Criminal Code of 2012, a violation of any Section of
7Article 24 of the Criminal Code of 1961 or the Criminal Code of
82012, or a violation of any statute that involved the wrongful
9use of a firearm. If the court determines the question in the
10affirmative, and the court does not commit the minor to the
11Department of Juvenile Justice, the court shall order the minor
12to perform community service for not less than 30 hours nor
13more than 120 hours, provided that community service is
14available in the jurisdiction and is funded and approved by the
15county board of the county where the offense was committed. The
16community service shall include, but need not be limited to,
17the cleanup and repair of any damage caused by a violation of
18Section 21-1.3 of the Criminal Code of 1961 or the Criminal
19Code of 2012 and similar damage to property located in the
20municipality or county in which the violation occurred. When
21possible and reasonable, the community service shall be
22performed in the minor's neighborhood. This order shall be in
23addition to any other order authorized by this Section except
24for an order to place the minor in the custody of the
25Department of Juvenile Justice. For the purposes of this
26Section, "organized gang" has the meaning ascribed to it in

 

 

HB2619 Engrossed- 18 -LRB100 06170 SLF 16204 b

1Section 10 of the Illinois Streetgang Terrorism Omnibus
2Prevention Act.
3    (11) If the court determines that the offense was committed
4in furtherance of the criminal activities of an organized gang,
5as provided in subsection (10), and that the offense involved
6the operation or use of a motor vehicle or the use of a
7driver's license or permit, the court shall notify the
8Secretary of State of that determination and of the period for
9which the minor shall be denied driving privileges. If, at the
10time of the determination, the minor does not hold a driver's
11license or permit, the court shall provide that the minor shall
12not be issued a driver's license or permit until his or her
1318th birthday. If the minor holds a driver's license or permit
14at the time of the determination, the court shall provide that
15the minor's driver's license or permit shall be revoked until
16his or her 21st birthday, or until a later date or occurrence
17determined by the court. If the minor holds a driver's license
18at the time of the determination, the court may direct the
19Secretary of State to issue the minor a judicial driving
20permit, also known as a JDP. The JDP shall be subject to the
21same terms as a JDP issued under Section 6-206.1 of the
22Illinois Vehicle Code, except that the court may direct that
23the JDP be effective immediately.
24    (12) If a minor is found to be guilty of a violation of
25subsection (a-7) of Section 1 of the Prevention of Tobacco Use
26by Minors Act, the court may, in its discretion, and upon

 

 

HB2619 Engrossed- 19 -LRB100 06170 SLF 16204 b

1recommendation by the State's Attorney, order that minor and
2his or her parents or legal guardian to attend a smoker's
3education or youth diversion program as defined in that Act if
4that program is available in the jurisdiction where the
5offender resides. Attendance at a smoker's education or youth
6diversion program shall be time-credited against any community
7service time imposed for any first violation of subsection
8(a-7) of Section 1 of that Act. In addition to any other
9penalty that the court may impose for a violation of subsection
10(a-7) of Section 1 of that Act, the court, upon request by the
11State's Attorney, may in its discretion require the offender to
12remit a fee for his or her attendance at a smoker's education
13or youth diversion program.
14    For purposes of this Section, "smoker's education program"
15or "youth diversion program" includes, but is not limited to, a
16seminar designed to educate a person on the physical and
17psychological effects of smoking tobacco products and the
18health consequences of smoking tobacco products that can be
19conducted with a locality's youth diversion program.
20    In addition to any other penalty that the court may impose
21under this subsection (12):
22        (a) If a minor violates subsection (a-7) of Section 1
23    of the Prevention of Tobacco Use by Minors Act, the court
24    may impose a sentence of 15 hours of community service or a
25    fine of $25 for a first violation.
26        (b) A second violation by a minor of subsection (a-7)

 

 

HB2619 Engrossed- 20 -LRB100 06170 SLF 16204 b

1    of Section 1 of that Act that occurs within 12 months after
2    the first violation is punishable by a fine of $50 and 25
3    hours of community service.
4        (c) A third or subsequent violation by a minor of
5    subsection (a-7) of Section 1 of that Act that occurs
6    within 12 months after the first violation is punishable by
7    a $100 fine and 30 hours of community service.
8        (d) Any second or subsequent violation not within the
9    12-month time period after the first violation is
10    punishable as provided for a first violation.
11(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
1299-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;
13revised 9-2-16.)
 
14    (705 ILCS 405/5-720)
15    Sec. 5-720. Probation revocation.
16    (1) If a petition is filed charging a violation of a
17condition of probation or of conditional discharge, the court
18shall:
19        (a) order the minor to appear; or
20        (b) order the minor's detention if the court finds that
21    the detention is a matter of immediate and urgent necessity
22    for the protection of the minor or of the person or
23    property of another or that the minor is likely to flee the
24    jurisdiction of the court, provided that any such detention
25    shall be in a juvenile detention home and the minor so

 

 

HB2619 Engrossed- 21 -LRB100 06170 SLF 16204 b

1    detained shall be 13 10 years of age or older; and
2        (c) notify the persons named in the petition under
3    Section 5-520, in accordance with the provisions of Section
4    5-530.
5    In making its detention determination under paragraph (b)
6of this subsection (1) of this Section, the court may use
7information in its findings offered at such a hearing by way of
8proffer based upon reliable information presented by the State,
9probation officer, or the minor. The filing of a petition for
10violation of a condition of probation or of conditional
11discharge shall toll the period of probation or of conditional
12discharge until the final determination of the charge, and the
13term of probation or conditional discharge shall not run until
14the hearing and disposition of the petition for violation.
15    (2) The court shall conduct a hearing of the alleged
16violation of probation or of conditional discharge. The minor
17shall not be held in detention longer than 15 days pending the
18determination of the alleged violation.
19    (3) At the hearing, the State shall have the burden of
20going forward with the evidence and proving the violation by a
21preponderance of the evidence. The evidence shall be presented
22in court with the right of confrontation, cross-examination,
23and representation by counsel.
24    (4) If the court finds that the minor has violated a
25condition at any time prior to the expiration or termination of
26the period of probation or conditional discharge, it may

 

 

HB2619 Engrossed- 22 -LRB100 06170 SLF 16204 b

1continue him or her on the existing sentence, with or without
2modifying or enlarging the conditions, or may revoke probation
3or conditional discharge and impose any other sentence that was
4available under Section 5-710 at the time of the initial
5sentence.
6    (5) The conditions of probation and of conditional
7discharge may be reduced or enlarged by the court on motion of
8the probation officer or on its own motion or at the request of
9the minor after notice and hearing under this Section.
10    (6) Sentencing after revocation of probation or of
11conditional discharge shall be under Section 5-705.
12    (7) Instead of filing a violation of probation or of
13conditional discharge, the probation officer, with the
14concurrence of his or her supervisor, may serve on the minor a
15notice of intermediate sanctions. The notice shall contain the
16technical violation or violations involved, the date or dates
17of the violation or violations, and the intermediate sanctions
18to be imposed. Upon receipt of the notice, the minor shall
19immediately accept or reject the intermediate sanctions. If the
20sanctions are accepted, they shall be imposed immediately. If
21the intermediate sanctions are rejected or the minor does not
22respond to the notice, a violation of probation or of
23conditional discharge shall be immediately filed with the
24court. The State's Attorney and the sentencing court shall be
25notified of the notice of sanctions. Upon successful completion
26of the intermediate sanctions, a court may not revoke probation

 

 

HB2619 Engrossed- 23 -LRB100 06170 SLF 16204 b

1or conditional discharge or impose additional sanctions for the
2same violation. A notice of intermediate sanctions may not be
3issued for any violation of probation or conditional discharge
4which could warrant an additional, separate felony charge.
5(Source: P.A. 90-590, eff. 1-1-99.)