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 HB4543  100th General Assembly

HB4543 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4543

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17a-9  from Ch. 23, par. 5017a-9
705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720

    Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall include recommendations regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement in its annual submission of a report to the Governor and General Assembly. Amends the Juvenile Court Act of 1987. Provides that on and after July 1, 2019, a minor who is 13 years of age or older (rather than 10 years of age or older) may be detained in an authorized detention facility under certain circumstances. Provides that it is the goal of the Act to ensure that detention is the last resort and for as short of a time as possible. Makes other changes.


LRB100 16950 SLF 32095 b

 

 

A BILL FOR

 

HB4543LRB100 16950 SLF 32095 b

1    AN ACT concerning juveniles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 17a-9 as follows:
 
6    (20 ILCS 505/17a-9)  (from Ch. 23, par. 5017a-9)
7    Sec. 17a-9. Illinois Juvenile Justice Commission.
8    (a) There is hereby created the Illinois Juvenile Justice
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights, powers
20and duties established in subparagraph (3) of paragraph (a) of
21Section 223 of the Federal "Juvenile Justice and Delinquency
22Prevention Act of 1974", as now or hereafter amended. The
23Commission shall determine the priorities for expenditure of

 

 

HB4543- 2 -LRB100 16950 SLF 32095 b

1funds made available to the State by the Federal Government
2pursuant to that Act. The Commission shall have the following
3powers and duties:
4        (1) Development, review and final approval of the
5    State's juvenile justice plan for funds under the Federal
6    "Juvenile Justice and Delinquency Prevention Act of 1974";
7        (2) Review and approve or disapprove juvenile justice
8    and delinquency prevention grant applications to the
9    Department for federal funds under that Act;
10        (3) Annual submission of recommendations to the
11    Governor and the General Assembly concerning matters
12    relative to its function, including recommendations
13    regarding the availability of youth services to reduce the
14    use of detention and prevent deeper criminal involvement;
15        (4) Responsibility for the review of funds allocated to
16    Illinois under the "Juvenile Justice and Delinquency
17    Prevention Act of 1974" to ensure compliance with all
18    relevant federal laws and regulations;
19        (5) Function as the advisory committee for the State
20    Youth and Community Services Program as authorized under
21    Section 17 of this Act, and in that capacity be authorized
22    and empowered to assist and advise the Secretary of Human
23    Services on matters related to juvenile justice and
24    delinquency prevention programs and services; and
25        (6) Study the impact of, develop timelines, and propose
26    a funding structure to accommodate the expansion of the

 

 

HB4543- 3 -LRB100 16950 SLF 32095 b

1    jurisdiction of the Illinois Juvenile Court to include
2    youth age 17 under the jurisdiction of the Juvenile Court
3    Act of 1987. The Commission shall submit a report by
4    December 31, 2011 to the General Assembly with
5    recommendations on extending juvenile court jurisdiction
6    to youth age 17 charged with felony offenses.
7    (b) On the effective date of this amendatory Act of the
896th General Assembly, the Illinois Juvenile Jurisdiction Task
9Force created by Public Act 95-1031 is abolished and its duties
10are transferred to the Illinois Juvenile Justice Commission as
11provided in paragraph (6) of subsection (a) of this Section.
12(Source: P.A. 96-1199, eff. 1-1-11.)
 
13    Section 10. The Juvenile Court Act of 1987 is amended by
14changing Sections 5-410, 5-710, and 5-720 as follows:
 
15    (705 ILCS 405/5-410)
16    Sec. 5-410. Non-secure custody or detention.
17    (1) Placement of a minor away from his or her home must be
18the last resort and be the least restrictive alternative
19available. Any minor arrested or taken into custody pursuant to
20this Act who requires care away from his or her home but who
21does not require physical restriction shall be given temporary
22care in a foster family home or other shelter facility
23designated by the court.
24    (2) (a) On and after July 1, 2019, any Any minor 13 10

 

 

HB4543- 4 -LRB100 16950 SLF 32095 b

1years of age or older arrested pursuant to this Act where there
2is probable cause to believe that the minor is a delinquent
3minor and that (i) secured custody is a matter of immediate and
4urgent necessity for the protection of the minor or of the
5person or property of another, (ii) the minor is likely to flee
6the jurisdiction of the court, or (iii) the minor was taken
7into custody under a warrant, may be kept or detained in an
8authorized detention facility. Prior to July 1, 2019, a A minor
9under 13 years of age shall not be admitted, kept, or detained
10in a detention facility unless a local youth service provider,
11including a provider through the Comprehensive Community Based
12Youth Services network, has been contacted and has not been
13able to accept the minor. No minor under 12 years of age shall
14be detained in a county jail or a municipal lockup for more
15than 6 hours.
16    (b) The written authorization of the probation officer or
17detention officer (or other public officer designated by the
18court in a county having 3,000,000 or more inhabitants)
19constitutes authority for the superintendent of any juvenile
20detention home to detain and keep a minor for up to 40 hours,
21excluding Saturdays, Sundays and court-designated holidays.
22These records shall be available to the same persons and
23pursuant to the same conditions as are law enforcement records
24as provided in Section 5-905.
25    It is the goal of this Act to ensure that detention is the
26last resort and for as short of a time as possible. Studies

 

 

HB4543- 5 -LRB100 16950 SLF 32095 b

1reveal that detention can be traumatic, especially for young
2children, and can lead to deeper criminal involvement.
3    (b-4) The consultation required by subsection (b-5) shall
4not be applicable if the probation officer or detention officer
5(or other public officer designated by the court in a county
6having 3,000,000 or more inhabitants) utilizes a scorable
7detention screening instrument, which has been developed with
8input by the State's Attorney, to determine whether a minor
9should be detained, however, subsection (b-5) shall still be
10applicable where no such screening instrument is used or where
11the probation officer, detention officer (or other public
12officer designated by the court in a county having 3,000,000 or
13more inhabitants) deviates from the screening instrument.
14    (b-5) Subject to the provisions of subsection (b-4), if a
15probation officer or detention officer (or other public officer
16designated by the court in a county having 3,000,000 or more
17inhabitants) does not intend to detain a minor for an offense
18which constitutes one of the following offenses he or she shall
19consult with the State's Attorney's Office prior to the release
20of the minor: first degree murder, second degree murder,
21involuntary manslaughter, criminal sexual assault, aggravated
22criminal sexual assault, aggravated battery with a firearm as
23described in Section 12-4.2 or subdivision (e)(1), (e)(2),
24(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
25battery involving permanent disability or disfigurement or
26great bodily harm, robbery, aggravated robbery, armed robbery,

 

 

HB4543- 6 -LRB100 16950 SLF 32095 b

1vehicular hijacking, aggravated vehicular hijacking, vehicular
2invasion, arson, aggravated arson, kidnapping, aggravated
3kidnapping, home invasion, burglary, or residential burglary.
4    (c) Except as otherwise provided in paragraph (a), (d), or
5(e), no minor shall be detained in a county jail or municipal
6lockup for more than 12 hours, unless the offense is a crime of
7violence in which case the minor may be detained up to 24
8hours. For the purpose of this paragraph, "crime of violence"
9has the meaning ascribed to it in Section 1-10 of the
10Alcoholism and Other Drug Abuse and Dependency Act.
11        (i) The period of detention is deemed to have begun
12    once the minor has been placed in a locked room or cell or
13    handcuffed to a stationary object in a building housing a
14    county jail or municipal lockup. Time spent transporting a
15    minor is not considered to be time in detention or secure
16    custody.
17        (ii) Any minor so confined shall be under periodic
18    supervision and shall not be permitted to come into or
19    remain in contact with adults in custody in the building.
20        (iii) Upon placement in secure custody in a jail or
21    lockup, the minor shall be informed of the purpose of the
22    detention, the time it is expected to last and the fact
23    that it cannot exceed the time specified under this Act.
24        (iv) A log shall be kept which shows the offense which
25    is the basis for the detention, the reasons and
26    circumstances for the decision to detain and the length of

 

 

HB4543- 7 -LRB100 16950 SLF 32095 b

1    time the minor was in detention.
2        (v) Violation of the time limit on detention in a
3    county jail or municipal lockup shall not, in and of
4    itself, render inadmissible evidence obtained as a result
5    of the violation of this time limit. Minors under 18 years
6    of age shall be kept separate from confined adults and may
7    not at any time be kept in the same cell, room or yard with
8    adults confined pursuant to criminal law. Persons 18 years
9    of age and older who have a petition of delinquency filed
10    against them may be confined in an adult detention
11    facility. In making a determination whether to confine a
12    person 18 years of age or older who has a petition of
13    delinquency filed against the person, these factors, among
14    other matters, shall be considered:
15            (A) The age of the person;
16            (B) Any previous delinquent or criminal history of
17        the person;
18            (C) Any previous abuse or neglect history of the
19        person; and
20            (D) Any mental health or educational history of the
21        person, or both.
22    (d) (i) If a minor 12 years of age or older is confined in a
23county jail in a county with a population below 3,000,000
24inhabitants, then the minor's confinement shall be implemented
25in such a manner that there will be no contact by sight, sound
26or otherwise between the minor and adult prisoners. Minors 12

 

 

HB4543- 8 -LRB100 16950 SLF 32095 b

1years of age or older must be kept separate from confined
2adults and may not at any time be kept in the same cell, room,
3or yard with confined adults. This paragraph (d)(i) shall only
4apply to confinement pending an adjudicatory hearing and shall
5not exceed 40 hours, excluding Saturdays, Sundays and court
6designated holidays. To accept or hold minors during this time
7period, county jails shall comply with all monitoring standards
8adopted by the Department of Corrections and training standards
9approved by the Illinois Law Enforcement Training Standards
10Board.
11    (ii) To accept or hold minors, 12 years of age or older,
12after the time period prescribed in paragraph (d)(i) of this
13subsection (2) of this Section but not exceeding 7 days
14including Saturdays, Sundays and holidays pending an
15adjudicatory hearing, county jails shall comply with all
16temporary detention standards adopted by the Department of
17Corrections and training standards approved by the Illinois Law
18Enforcement Training Standards Board.
19    (iii) To accept or hold minors 12 years of age or older,
20after the time period prescribed in paragraphs (d)(i) and
21(d)(ii) of this subsection (2) of this Section, county jails
22shall comply with all county juvenile detention standards
23adopted by the Department of Juvenile Justice.
24    (e) When a minor who is at least 15 years of age is
25prosecuted under the criminal laws of this State, the court may
26enter an order directing that the juvenile be confined in the

 

 

HB4543- 9 -LRB100 16950 SLF 32095 b

1county jail. However, any juvenile confined in the county jail
2under this provision shall be separated from adults who are
3confined in the county jail in such a manner that there will be
4no contact by sight, sound or otherwise between the juvenile
5and adult prisoners.
6    (f) For purposes of appearing in a physical lineup, the
7minor may be taken to a county jail or municipal lockup under
8the direct and constant supervision of a juvenile police
9officer. During such time as is necessary to conduct a lineup,
10and while supervised by a juvenile police officer, the sight
11and sound separation provisions shall not apply.
12    (g) For purposes of processing a minor, the minor may be
13taken to a County Jail or municipal lockup under the direct and
14constant supervision of a law enforcement officer or
15correctional officer. During such time as is necessary to
16process the minor, and while supervised by a law enforcement
17officer or correctional officer, the sight and sound separation
18provisions shall not apply.
19    (3) If the probation officer or State's Attorney (or such
20other public officer designated by the court in a county having
213,000,000 or more inhabitants) determines that the minor may be
22a delinquent minor as described in subsection (3) of Section
235-105, and should be retained in custody but does not require
24physical restriction, the minor may be placed in non-secure
25custody for up to 40 hours pending a detention hearing.
26    (4) Any minor taken into temporary custody, not requiring

 

 

HB4543- 10 -LRB100 16950 SLF 32095 b

1secure detention, may, however, be detained in the home of his
2or her parent or guardian subject to such conditions as the
3court may impose.
4    (5) The changes made to this Section by Public Act 98-61
5apply to a minor who has been arrested or taken into custody on
6or after January 1, 2014 (the effective date of Public Act
798-61).
8(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
9eff. 7-16-14; 99-254, eff. 1-1-16.)
 
10    (705 ILCS 405/5-710)
11    Sec. 5-710. Kinds of sentencing orders.
12    (1) The following kinds of sentencing orders may be made in
13respect of wards of the court:
14        (a) Except as provided in Sections 5-805, 5-810, and
15    5-815, a minor who is found guilty under Section 5-620 may
16    be:
17            (i) put on probation or conditional discharge and
18        released to his or her parents, guardian or legal
19        custodian, provided, however, that any such minor who
20        is not committed to the Department of Juvenile Justice
21        under this subsection and who is found to be a
22        delinquent for an offense which is first degree murder,
23        a Class X felony, or a forcible felony shall be placed
24        on probation;
25            (ii) placed in accordance with Section 5-740, with

 

 

HB4543- 11 -LRB100 16950 SLF 32095 b

1        or without also being put on probation or conditional
2        discharge;
3            (iii) required to undergo a substance abuse
4        assessment conducted by a licensed provider and
5        participate in the indicated clinical level of care;
6            (iv) on and after the effective date of this
7        amendatory Act of the 98th General Assembly and before
8        January 1, 2017, placed in the guardianship of the
9        Department of Children and Family Services, but only if
10        the delinquent minor is under 16 years of age or,
11        pursuant to Article II of this Act, a minor for whom an
12        independent basis of abuse, neglect, or dependency
13        exists. On and after January 1, 2017, placed in the
14        guardianship of the Department of Children and Family
15        Services, but only if the delinquent minor is under 15
16        years of age or, pursuant to Article II of this Act, a
17        minor for whom an independent basis of abuse, neglect,
18        or dependency exists. An independent basis exists when
19        the allegations or adjudication of abuse, neglect, or
20        dependency do not arise from the same facts, incident,
21        or circumstances which give rise to a charge or
22        adjudication of delinquency;
23            (v) placed in detention for a period not to exceed
24        30 days, either as the exclusive order of disposition
25        or, where appropriate, in conjunction with any other
26        order of disposition issued under this paragraph,

 

 

HB4543- 12 -LRB100 16950 SLF 32095 b

1        provided that any such detention shall be in a juvenile
2        detention home and the minor so detained shall be 13 10
3        years of age or older. However, the 30-day limitation
4        may be extended by further order of the court for a
5        minor under age 15 committed to the Department of
6        Children and Family Services if the court finds that
7        the minor is a danger to himself or others. The minor
8        shall be given credit on the sentencing order of
9        detention for time spent in detention under Sections
10        5-501, 5-601, 5-710, or 5-720 of this Article as a
11        result of the offense for which the sentencing order
12        was imposed. The court may grant credit on a sentencing
13        order of detention entered under a violation of
14        probation or violation of conditional discharge under
15        Section 5-720 of this Article for time spent in
16        detention before the filing of the petition alleging
17        the violation. A minor shall not be deprived of credit
18        for time spent in detention before the filing of a
19        violation of probation or conditional discharge
20        alleging the same or related act or acts. The
21        limitation that the minor shall only be placed in a
22        juvenile detention home does not apply as follows:
23            Persons 18 years of age and older who have a
24        petition of delinquency filed against them may be
25        confined in an adult detention facility. In making a
26        determination whether to confine a person 18 years of

 

 

HB4543- 13 -LRB100 16950 SLF 32095 b

1        age or older who has a petition of delinquency filed
2        against the person, these factors, among other
3        matters, shall be considered:
4                (A) the age of the person;
5                (B) any previous delinquent or criminal
6            history of the person;
7                (C) any previous abuse or neglect history of
8            the person;
9                (D) any mental health history of the person;
10            and
11                (E) any educational history of the person;
12            (vi) ordered partially or completely emancipated
13        in accordance with the provisions of the Emancipation
14        of Minors Act;
15            (vii) subject to having his or her driver's license
16        or driving privileges suspended for such time as
17        determined by the court but only until he or she
18        attains 18 years of age;
19            (viii) put on probation or conditional discharge
20        and placed in detention under Section 3-6039 of the
21        Counties Code for a period not to exceed the period of
22        incarceration permitted by law for adults found guilty
23        of the same offense or offenses for which the minor was
24        adjudicated delinquent, and in any event no longer than
25        upon attainment of age 21; this subdivision (viii)
26        notwithstanding any contrary provision of the law;

 

 

HB4543- 14 -LRB100 16950 SLF 32095 b

1            (ix) ordered to undergo a medical or other
2        procedure to have a tattoo symbolizing allegiance to a
3        street gang removed from his or her body; or
4            (x) placed in electronic monitoring or home
5        detention under Part 7A of this Article.
6        (b) A minor found to be guilty may be committed to the
7    Department of Juvenile Justice under Section 5-750 if the
8    minor is at least 13 years and under 20 years of age,
9    provided that the commitment to the Department of Juvenile
10    Justice shall be made only if the minor was found guilty of
11    a felony offense or first degree murder. The court shall
12    include in the sentencing order any pre-custody credits the
13    minor is entitled to under Section 5-4.5-100 of the Unified
14    Code of Corrections. The time during which a minor is in
15    custody before being released upon the request of a parent,
16    guardian or legal custodian shall also be considered as
17    time spent in custody.
18        (c) When a minor is found to be guilty for an offense
19    which is a violation of the Illinois Controlled Substances
20    Act, the Cannabis Control Act, or the Methamphetamine
21    Control and Community Protection Act and made a ward of the
22    court, the court may enter a disposition order requiring
23    the minor to undergo assessment, counseling or treatment in
24    a substance abuse program approved by the Department of
25    Human Services.
26    (2) Any sentencing order other than commitment to the

 

 

HB4543- 15 -LRB100 16950 SLF 32095 b

1Department of Juvenile Justice may provide for protective
2supervision under Section 5-725 and may include an order of
3protection under Section 5-730.
4    (3) Unless the sentencing order expressly so provides, it
5does not operate to close proceedings on the pending petition,
6but is subject to modification until final closing and
7discharge of the proceedings under Section 5-750.
8    (4) In addition to any other sentence, the court may order
9any minor found to be delinquent to make restitution, in
10monetary or non-monetary form, under the terms and conditions
11of Section 5-5-6 of the Unified Code of Corrections, except
12that the "presentencing hearing" referred to in that Section
13shall be the sentencing hearing for purposes of this Section.
14The parent, guardian or legal custodian of the minor may be
15ordered by the court to pay some or all of the restitution on
16the minor's behalf, pursuant to the Parental Responsibility
17Law. The State's Attorney is authorized to act on behalf of any
18victim in seeking restitution in proceedings under this
19Section, up to the maximum amount allowed in Section 5 of the
20Parental Responsibility Law.
21    (5) Any sentencing order where the minor is committed or
22placed in accordance with Section 5-740 shall provide for the
23parents or guardian of the estate of the minor to pay to the
24legal custodian or guardian of the person of the minor such
25sums as are determined by the custodian or guardian of the
26person of the minor as necessary for the minor's needs. The

 

 

HB4543- 16 -LRB100 16950 SLF 32095 b

1payments may not exceed the maximum amounts provided for by
2Section 9.1 of the Children and Family Services Act.
3    (6) Whenever the sentencing order requires the minor to
4attend school or participate in a program of training, the
5truant officer or designated school official shall regularly
6report to the court if the minor is a chronic or habitual
7truant under Section 26-2a of the School Code. Notwithstanding
8any other provision of this Act, in instances in which
9educational services are to be provided to a minor in a
10residential facility where the minor has been placed by the
11court, costs incurred in the provision of those educational
12services must be allocated based on the requirements of the
13School Code.
14    (7) In no event shall a guilty minor be committed to the
15Department of Juvenile Justice for a period of time in excess
16of that period for which an adult could be committed for the
17same act. The court shall include in the sentencing order a
18limitation on the period of confinement not to exceed the
19maximum period of imprisonment the court could impose under
20Article V of the Unified Code of Corrections.
21    (7.5) In no event shall a guilty minor be committed to the
22Department of Juvenile Justice or placed in detention when the
23act for which the minor was adjudicated delinquent would not be
24illegal if committed by an adult.
25    (7.6) In no event shall a guilty minor be committed to the
26Department of Juvenile Justice for an offense which is a Class

 

 

HB4543- 17 -LRB100 16950 SLF 32095 b

14 felony under Section 19-4 (criminal trespass to a residence),
221-1 (criminal damage to property), 21-1.01 (criminal damage to
3government supported property), 21-1.3 (criminal defacement of
4property), 26-1 (disorderly conduct), or 31-4 (obstructing
5justice) of the Criminal Code of 2012.
6    (7.75) In no event shall a guilty minor be committed to the
7Department of Juvenile Justice for an offense that is a Class 3
8or Class 4 felony violation of the Illinois Controlled
9Substances Act unless the commitment occurs upon a third or
10subsequent judicial finding of a violation of probation for
11substantial noncompliance with court-ordered treatment or
12programming.
13    (8) A minor found to be guilty for reasons that include a
14violation of Section 21-1.3 of the Criminal Code of 1961 or the
15Criminal Code of 2012 shall be ordered to perform community
16service for not less than 30 and not more than 120 hours, if
17community service is available in the jurisdiction. The
18community service shall include, but need not be limited to,
19the cleanup and repair of the damage that was caused by the
20violation or similar damage to property located in the
21municipality or county in which the violation occurred. The
22order may be in addition to any other order authorized by this
23Section.
24    (8.5) A minor found to be guilty for reasons that include a
25violation of Section 3.02 or Section 3.03 of the Humane Care
26for Animals Act or paragraph (d) of subsection (1) of Section

 

 

HB4543- 18 -LRB100 16950 SLF 32095 b

121-1 of the Criminal Code of 1961 or paragraph (4) of
2subsection (a) of Section 21-1 of the Criminal Code of 2012
3shall be ordered to undergo medical or psychiatric treatment
4rendered by a psychiatrist or psychological treatment rendered
5by a clinical psychologist. The order may be in addition to any
6other order authorized by this Section.
7    (9) In addition to any other sentencing order, the court
8shall order any minor found to be guilty for an act which would
9constitute, predatory criminal sexual assault of a child,
10aggravated criminal sexual assault, criminal sexual assault,
11aggravated criminal sexual abuse, or criminal sexual abuse if
12committed by an adult to undergo medical testing to determine
13whether the defendant has any sexually transmissible disease
14including a test for infection with human immunodeficiency
15virus (HIV) or any other identified causative agency of
16acquired immunodeficiency syndrome (AIDS). Any medical test
17shall be performed only by appropriately licensed medical
18practitioners and may include an analysis of any bodily fluids
19as well as an examination of the minor's person. Except as
20otherwise provided by law, the results of the test shall be
21kept strictly confidential by all medical personnel involved in
22the testing and must be personally delivered in a sealed
23envelope to the judge of the court in which the sentencing
24order was entered for the judge's inspection in camera. Acting
25in accordance with the best interests of the victim and the
26public, the judge shall have the discretion to determine to

 

 

HB4543- 19 -LRB100 16950 SLF 32095 b

1whom the results of the testing may be revealed. The court
2shall notify the minor of the results of the test for infection
3with the human immunodeficiency virus (HIV). The court shall
4also notify the victim if requested by the victim, and if the
5victim is under the age of 15 and if requested by the victim's
6parents or legal guardian, the court shall notify the victim's
7parents or the legal guardian, of the results of the test for
8infection with the human immunodeficiency virus (HIV). The
9court shall provide information on the availability of HIV
10testing and counseling at the Department of Public Health
11facilities to all parties to whom the results of the testing
12are revealed. The court shall order that the cost of any test
13shall be paid by the county and may be taxed as costs against
14the minor.
15    (10) When a court finds a minor to be guilty the court
16shall, before entering a sentencing order under this Section,
17make a finding whether the offense committed either: (a) was
18related to or in furtherance of the criminal activities of an
19organized gang or was motivated by the minor's membership in or
20allegiance to an organized gang, or (b) involved a violation of
21subsection (a) of Section 12-7.1 of the Criminal Code of 1961
22or the Criminal Code of 2012, a violation of any Section of
23Article 24 of the Criminal Code of 1961 or the Criminal Code of
242012, or a violation of any statute that involved the wrongful
25use of a firearm. If the court determines the question in the
26affirmative, and the court does not commit the minor to the

 

 

HB4543- 20 -LRB100 16950 SLF 32095 b

1Department of Juvenile Justice, the court shall order the minor
2to perform community service for not less than 30 hours nor
3more than 120 hours, provided that community service is
4available in the jurisdiction and is funded and approved by the
5county board of the county where the offense was committed. The
6community service shall include, but need not be limited to,
7the cleanup and repair of any damage caused by a violation of
8Section 21-1.3 of the Criminal Code of 1961 or the Criminal
9Code of 2012 and similar damage to property located in the
10municipality or county in which the violation occurred. When
11possible and reasonable, the community service shall be
12performed in the minor's neighborhood. This order shall be in
13addition to any other order authorized by this Section except
14for an order to place the minor in the custody of the
15Department of Juvenile Justice. For the purposes of this
16Section, "organized gang" has the meaning ascribed to it in
17Section 10 of the Illinois Streetgang Terrorism Omnibus
18Prevention Act.
19    (11) If the court determines that the offense was committed
20in furtherance of the criminal activities of an organized gang,
21as provided in subsection (10), and that the offense involved
22the operation or use of a motor vehicle or the use of a
23driver's license or permit, the court shall notify the
24Secretary of State of that determination and of the period for
25which the minor shall be denied driving privileges. If, at the
26time of the determination, the minor does not hold a driver's

 

 

HB4543- 21 -LRB100 16950 SLF 32095 b

1license or permit, the court shall provide that the minor shall
2not be issued a driver's license or permit until his or her
318th birthday. If the minor holds a driver's license or permit
4at the time of the determination, the court shall provide that
5the minor's driver's license or permit shall be revoked until
6his or her 21st birthday, or until a later date or occurrence
7determined by the court. If the minor holds a driver's license
8at the time of the determination, the court may direct the
9Secretary of State to issue the minor a judicial driving
10permit, also known as a JDP. The JDP shall be subject to the
11same terms as a JDP issued under Section 6-206.1 of the
12Illinois Vehicle Code, except that the court may direct that
13the JDP be effective immediately.
14    (12) If a minor is found to be guilty of a violation of
15subsection (a-7) of Section 1 of the Prevention of Tobacco Use
16by Minors Act, the court may, in its discretion, and upon
17recommendation by the State's Attorney, order that minor and
18his or her parents or legal guardian to attend a smoker's
19education or youth diversion program as defined in that Act if
20that program is available in the jurisdiction where the
21offender resides. Attendance at a smoker's education or youth
22diversion program shall be time-credited against any community
23service time imposed for any first violation of subsection
24(a-7) of Section 1 of that Act. In addition to any other
25penalty that the court may impose for a violation of subsection
26(a-7) of Section 1 of that Act, the court, upon request by the

 

 

HB4543- 22 -LRB100 16950 SLF 32095 b

1State's Attorney, may in its discretion require the offender to
2remit a fee for his or her attendance at a smoker's education
3or youth diversion program.
4    For purposes of this Section, "smoker's education program"
5or "youth diversion program" includes, but is not limited to, a
6seminar designed to educate a person on the physical and
7psychological effects of smoking tobacco products and the
8health consequences of smoking tobacco products that can be
9conducted with a locality's youth diversion program.
10    In addition to any other penalty that the court may impose
11under this subsection (12):
12        (a) If a minor violates subsection (a-7) of Section 1
13    of the Prevention of Tobacco Use by Minors Act, the court
14    may impose a sentence of 15 hours of community service or a
15    fine of $25 for a first violation.
16        (b) A second violation by a minor of subsection (a-7)
17    of Section 1 of that Act that occurs within 12 months after
18    the first violation is punishable by a fine of $50 and 25
19    hours of community service.
20        (c) A third or subsequent violation by a minor of
21    subsection (a-7) of Section 1 of that Act that occurs
22    within 12 months after the first violation is punishable by
23    a $100 fine and 30 hours of community service.
24        (d) Any second or subsequent violation not within the
25    12-month time period after the first violation is
26    punishable as provided for a first violation.

 

 

HB4543- 23 -LRB100 16950 SLF 32095 b

1(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
2eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
 
3    (705 ILCS 405/5-720)
4    Sec. 5-720. Probation revocation.
5    (1) If a petition is filed charging a violation of a
6condition of probation or of conditional discharge, the court
7shall:
8        (a) order the minor to appear; or
9        (b) order the minor's detention if the court finds that
10    the detention is a matter of immediate and urgent necessity
11    for the protection of the minor or of the person or
12    property of another or that the minor is likely to flee the
13    jurisdiction of the court, provided that any such detention
14    shall be in a juvenile detention home and the minor so
15    detained shall be 13 10 years of age or older; and
16        (c) notify the persons named in the petition under
17    Section 5-520, in accordance with the provisions of Section
18    5-530.
19    In making its detention determination under paragraph (b)
20of this subsection (1) of this Section, the court may use
21information in its findings offered at such a hearing by way of
22proffer based upon reliable information presented by the State,
23probation officer, or the minor. The filing of a petition for
24violation of a condition of probation or of conditional
25discharge shall toll the period of probation or of conditional

 

 

HB4543- 24 -LRB100 16950 SLF 32095 b

1discharge until the final determination of the charge, and the
2term of probation or conditional discharge shall not run until
3the hearing and disposition of the petition for violation.
4    (2) The court shall conduct a hearing of the alleged
5violation of probation or of conditional discharge. The minor
6shall not be held in detention longer than 15 days pending the
7determination of the alleged violation.
8    (3) At the hearing, the State shall have the burden of
9going forward with the evidence and proving the violation by a
10preponderance of the evidence. The evidence shall be presented
11in court with the right of confrontation, cross-examination,
12and representation by counsel.
13    (4) If the court finds that the minor has violated a
14condition at any time prior to the expiration or termination of
15the period of probation or conditional discharge, it may
16continue him or her on the existing sentence, with or without
17modifying or enlarging the conditions, or may revoke probation
18or conditional discharge and impose any other sentence that was
19available under Section 5-710 at the time of the initial
20sentence.
21    (5) The conditions of probation and of conditional
22discharge may be reduced or enlarged by the court on motion of
23the probation officer or on its own motion or at the request of
24the minor after notice and hearing under this Section.
25    (6) Sentencing after revocation of probation or of
26conditional discharge shall be under Section 5-705.

 

 

HB4543- 25 -LRB100 16950 SLF 32095 b

1    (7) Instead of filing a violation of probation or of
2conditional discharge, the probation officer, with the
3concurrence of his or her supervisor, may serve on the minor a
4notice of intermediate sanctions. The notice shall contain the
5technical violation or violations involved, the date or dates
6of the violation or violations, and the intermediate sanctions
7to be imposed. Upon receipt of the notice, the minor shall
8immediately accept or reject the intermediate sanctions. If the
9sanctions are accepted, they shall be imposed immediately. If
10the intermediate sanctions are rejected or the minor does not
11respond to the notice, a violation of probation or of
12conditional discharge shall be immediately filed with the
13court. The State's Attorney and the sentencing court shall be
14notified of the notice of sanctions. Upon successful completion
15of the intermediate sanctions, a court may not revoke probation
16or conditional discharge or impose additional sanctions for the
17same violation. A notice of intermediate sanctions may not be
18issued for any violation of probation or conditional discharge
19which could warrant an additional, separate felony charge.
20(Source: P.A. 90-590, eff. 1-1-99.)