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90_HB3365
705 ILCS 405/5-23 from Ch. 37, par. 805-23
705 ILCS 405/5-710
730 ILCS 5/3-10-3 from Ch. 38, par. 1003-10-3
Amends the Juvenile Court Act of 1987. Requires a
delinquent minor to perform community service if he or she is
a first time offender and has not been found delinquent for a
forcible felony. Amends the Unified Code of Corrections.
Requires a juvenile committed to the Juvenile Division of the
Department of Corrections to attend educational classes 5
days each week during his or her period of incarceration.
LRB9010832RCgc
LRB9010832RCgc
1 AN ACT in relation to juveniles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended, if
5 and only if Senate Bill 363 of the 90th General Assembly does
6 not become law, by changing Section 5-23 as follows:
7 (705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
8 Sec. 5-23. Kinds of dispositional orders.
9 (1) The following kinds of orders of disposition may be
10 made in respect of wards of the court:
11 (a) Except as provided in Section 5-33 and Section
12 5-35, a minor found to be a delinquent under Section 5-3
13 may be:
14 (1) put on probation or conditional discharge
15 and released to his or her parents, guardian or
16 legal custodian, provided, however, that any such
17 minor who is not committed to the Department of
18 Corrections, Juvenile Division under this subsection
19 and who is found to be a delinquent for an offense
20 which is first degree murder, a Class X felony, or a
21 forcible felony shall be placed on probation;
22 (2) placed in accordance with Section 5-29,
23 with or without also being put on probation or
24 conditional discharge;
25 (3) where authorized under the Alcoholism and
26 Other Drug Abuse and Dependency Act, ordered
27 admitted for treatment for drug addiction by the
28 Department of Human Services;
29 (4) committed to the Department of Children
30 and Family Services, but only if the delinquent
31 minor is under 13 years of age;
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1 (5) placed in detention for a period not to
2 exceed 30 days, either as the exclusive order of
3 disposition or, where appropriate, in conjunction
4 with any other order of disposition issued under
5 this paragraph, provided that any such detention
6 shall be in a juvenile detention home and the minor
7 so detained shall be 10 years of age or older.
8 However, the 30-day limitation may be extended by
9 further order of the court for a minor under age 13
10 committed to the Department of Children and Family
11 Services if the court finds that the minor is a
12 danger to himself or others. The minor shall be
13 given credit on the dispositional order of detention
14 for time spent in detention under Sections 5-10(2),
15 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
16 result of the offense for which the dispositional
17 order was imposed. The court may grant credit on a
18 dispositional order of detention entered under a
19 violation of probation or violation of conditional
20 discharge under Section 5-25 of this Act for time
21 spent in detention before the filing of the petition
22 alleging the violation. A minor shall not be
23 deprived of credit for time spent in detention
24 before the filing of a violation of probation or
25 conditional discharge alleging the same or related
26 act(s);
27 (6) ordered partially or completely
28 emancipated in accordance with the provisions of the
29 Emancipation of Mature Minors Act; or
30 (7) put on probation or conditional discharge
31 and placed in detention under Section 3-6039 of the
32 Counties Code for a period not to exceed the period
33 of incarceration permitted by law for adults found
34 guilty of the same offense or offenses for which the
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1 minor was adjudicated delinquent, and in any event
2 no longer than upon attainment of age 21; this
3 subdivision (7) notwithstanding any contrary
4 provision of the law.
5 (b) A minor found to be delinquent may be committed
6 to the Department of Corrections, Juvenile Division,
7 under Section 5-33 if the minor is 13 years of age or
8 older, provided that the commitment to the Department of
9 Corrections, Juvenile Division, shall be made only if a
10 term of incarceration is permitted by law for adults
11 found guilty of the offense for which the minor was
12 adjudicated delinquent. The time during which a minor is
13 in custody before being released upon the request of a
14 parent, guardian or custodian shall be considered as time
15 spent in detention.
16 (1.1) When a minor is found to be delinquent for an
17 offense which is a violation of the Illinois Controlled
18 Substances Act or the Cannabis Control Act and made a ward of
19 the court, the court may enter a disposition order requiring
20 the minor to undergo assessment, counseling or treatment in a
21 substance abuse program approved by the Department of Human
22 Services.
23 (2) Any order of disposition other than commitment to
24 the Department of Corrections, Juvenile Division, may provide
25 for protective supervision under Section 5-26 and may include
26 an order of protection under Section 5-27.
27 (3) Unless the order of disposition expressly so
28 provides, it does not operate to close proceedings on the
29 pending petition, but is subject to modification until final
30 closing and discharge of the proceedings under Section 5-34.
31 (4) In addition to any other order of disposition, the
32 court may order any minor found to be delinquent to make
33 restitution, in monetary or non-monetary form, under the
34 terms and conditions of Section 5-5-6 of the Unified Code of
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1 Corrections, except that the "presentence hearing" referred
2 to therein shall be the dispositional hearing for purposes of
3 this Section. The parent, guardian or legal custodian of the
4 minor may be ordered by the court to pay some or all of the
5 restitution on the minor's behalf, pursuant to the Parental
6 Responsibility Law, as now or hereafter amended. The State's
7 Attorney is authorized to act on behalf of any victim in
8 seeking restitution in proceedings under this Section, up to
9 the maximum amount allowed in Section 5 of the Parental
10 Responsibility Law.
11 (5) Any order for disposition where the minor is
12 committed or placed in accordance with Section 5-29 shall
13 provide for the parents or guardian of the estate of such
14 minor to pay to the legal custodian or guardian of the person
15 of the minor such sums as are determined by the custodian or
16 guardian of the person of the minor as necessary for the
17 minor's needs. Such payments may not exceed the maximum
18 amounts provided for by Section 9.1 of the Children and
19 Family Services Act.
20 (6) Whenever the order of disposition requires the minor
21 to attend school or participate in a program of training, the
22 truant officer or designated school official shall regularly
23 report to the court if the minor is a chronic or habitual
24 truant under Section 26-2a of the School Code.
25 (7) In no event shall a delinquent minor be committed
26 for a period of time in excess of that period for which an
27 adult could be committed for the same act.
28 (8)(A) A minor found to be delinquent for reasons that
29 include a violation of Section 21-1.3 of the Criminal Code of
30 1961 shall be ordered to perform community service for not
31 less than 30 and not more than 120 hours, if community
32 service is available in the jurisdiction. The community
33 service shall include, but need not be limited to, the
34 cleanup and repair of the damage that was caused by the
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1 violation or similar damage to property located in the
2 municipality or county in which the violation occurred. The
3 order may be in addition to any other order authorized by
4 this Section.
5 (B) A minor found to be delinquent for an act that if
6 committed by an adult would constitute a criminal offense,
7 other than a forcible felony, who has not been previously
8 adjudicated a delinquent minor, shall be ordered to perform
9 community service for not less than 30 and not more than 120
10 hours, if community service is available in the jurisdiction.
11 (9) In addition to any other order of disposition, the
12 court shall order any minor found to be delinquent for an act
13 which would constitute criminal sexual assault, aggravated
14 criminal sexual abuse, or criminal sexual abuse if committed
15 by an adult to undergo medical testing to determine whether
16 the defendant has any sexually transmissible disease
17 including a test for infection with human immunodeficiency
18 virus (HIV) or any other identified causative agency of
19 acquired immunodeficiency syndrome (AIDS). Any medical test
20 shall be performed only by appropriately licensed medical
21 practitioners and may include an analysis of any bodily
22 fluids as well as an examination of the minor's person.
23 Except as otherwise provided by law, the results of the test
24 shall be kept strictly confidential by all medical personnel
25 involved in the testing and must be personally delivered in a
26 sealed envelope to the judge of the court in which the
27 disposition order was entered for the judge's inspection in
28 camera. Acting in accordance with the best interests of the
29 victim and the public, the judge shall have the discretion to
30 determine to whom the results of the testing may be revealed.
31 The court shall notify the minor of the results of the test
32 for infection with the human immunodeficiency virus (HIV).
33 The court shall also notify the victim if requested by the
34 victim, and if the victim is under the age of 15 and if
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1 requested by the victim's parents or legal guardian, the
2 court shall notify the victim's parents or the legal guardian
3 of the results of the test for infection with the human
4 immunodeficiency virus (HIV). The court shall provide
5 information on the availability of HIV testing and counseling
6 at Department of Public Health facilities to all parties to
7 whom the results of the testing are revealed. The court
8 shall order that the cost of any test shall be paid by the
9 county and may be taxed as costs against the minor.
10 (10) When a court finds a minor to be delinquent the
11 court shall, before making a disposition under this Section,
12 make a finding whether the offense committed either: (i) was
13 related to or in furtherance of the criminal activities of an
14 organized gang or was motivated by the minor's membership in
15 or allegiance to an organized gang, or (ii) involved a
16 violation of paragraph (13) of subsection (a) of the Criminal
17 Code of 1961, a violation of any Section of Article 24 of the
18 Criminal Code of 1961, or a violation of any statute that
19 involved the wrongful use of a firearm. If the court
20 determines the question in the affirmative, and the court
21 does not commit the minor to the Department of Corrections,
22 Juvenile Division, the court shall order the minor to perform
23 community service for not less than 30 hours nor more than
24 120 hours, provided that community service is available in
25 the jurisdiction and is funded and approved by the county
26 board of the county where the offense was committed. The
27 community service shall include, but need not be limited to,
28 the cleanup and repair of any damage caused by a violation of
29 Section 21-1.3 of the Criminal Code of 1961 and similar
30 damage to property located in the municipality or county in
31 which the violation occurred. When possible and reasonable,
32 the community service shall be performed in the minor's
33 neighborhood. This order shall be in addition to any other
34 order authorized by this Section except for an order to place
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1 the minor in the custody of the Department of Corrections,
2 Juvenile Division. For the purposes of this Section,
3 "organized gang" has the meaning ascribed to it in Section 10
4 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
5 (Source: P.A. 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235,
6 eff. 8-4-95; 89-302, eff. 8-11-95; 89-507, eff. 7-1-97;
7 89-689, eff. 12-31-96; 90-14, eff. 7-1-97.)
8 Section 10. The Juvenile Court Act of 1987 is amended,
9 if and only if Senate Bill 363 of the 90th General Assembly
10 becomes law, by changing Section 5-710 as follows:
11 (705 ILCS 405/5-710)
12 Sec. 5-710. Kinds of sentencing orders.
13 (1) The following kinds of sentencing orders may be made
14 in respect of wards of the court:
15 (a) Except as provided in Sections 5-805, 5-810,
16 5-815, a minor who is found guilty under Section 5-620
17 may be:
18 (i) put on probation or conditional discharge
19 and released to his or her parents, guardian or
20 legal custodian, provided, however, that any such
21 minor who is not committed to the Department of
22 Corrections, Juvenile Division under this subsection
23 and who is found to be a delinquent for an offense
24 which is first degree murder, a Class X felony, or a
25 forcible felony shall be placed on probation;
26 (ii) placed in accordance with Section 5-740,
27 with or without also being put on probation or
28 conditional discharge;
29 (iii) required to undergo a substance abuse
30 assessment conducted by a licensed provider and
31 participate in the indicated clinical level of care;
32 (iv) placed in the guardianship of the
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1 Department of Children and Family Services, but only
2 if the delinquent minor is under 13 years of age;
3 (v) placed in detention for a period not to
4 exceed 30 days, either as the exclusive order of
5 disposition or, where appropriate, in conjunction
6 with any other order of disposition issued under
7 this paragraph, provided that any such detention
8 shall be in a juvenile detention home and the minor
9 so detained shall be 10 years of age or older.
10 However, the 30-day limitation may be extended by
11 further order of the court for a minor under age 13
12 committed to the Department of Children and Family
13 Services if the court finds that the minor is a
14 danger to himself or others. The minor shall be
15 given credit on the sentencing order of detention
16 for time spent in detention under Sections 5-501,
17 5-601, 5-710, or 5-720 of this Article as a result
18 of the offense for which the sentencing order was
19 imposed. The court may grant credit on a sentencing
20 order of detention entered under a violation of
21 probation or violation of conditional discharge
22 under Section 5-720 of this Article for time spent
23 in detention before the filing of the petition
24 alleging the violation. A minor shall not be
25 deprived of credit for time spent in detention
26 before the filing of a violation of probation or
27 conditional discharge alleging the same or related
28 act or acts;
29 (vi) ordered partially or completely
30 emancipated in accordance with the provisions of the
31 Emancipation of Mature Minors Act;
32 (vii) subject to having his or her driver's
33 license or driving privileges suspended for such
34 time as determined by the court but only until he or
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1 she attains 18 years of age; or
2 (viii) put on probation or conditional
3 discharge and placed in detention under Section
4 3-6039 of the Counties Code for a period not to
5 exceed the period of incarceration permitted by law
6 for adults found guilty of the same offense or
7 offenses for which the minor was adjudicated
8 delinquent, and in any event no longer than upon
9 attainment of age 21; this subdivision (viii)
10 notwithstanding any contrary provision of the law.
11 (b) A minor found to be guilty may be committed to
12 the Department of Corrections, Juvenile Division, under
13 Section 5-750 if the minor is 13 years of age or older,
14 provided that the commitment to the Department of
15 Corrections, Juvenile Division, shall be made only if a
16 term of incarceration is permitted by law for adults
17 found guilty of the offense for which the minor was
18 adjudicated delinquent. The time during which a minor is
19 in custody before being released upon the request of a
20 parent, guardian or legal custodian shall be considered
21 as time spent in detention.
22 (c) When a minor is found to be guilty for an
23 offense which is a violation of the Illinois Controlled
24 Substances Act or the Cannabis Control Act and made a
25 ward of the court, the court may enter a disposition
26 order requiring the minor to undergo assessment,
27 counseling or treatment in a substance abuse program
28 approved by the Department of Human Services.
29 (2) Any sentencing order other than commitment to the
30 Department of Corrections, Juvenile Division, may provide for
31 protective supervision under Section 5-725 and may include an
32 order of protection under Section 5-730.
33 (3) Unless the sentencing order expressly so provides,
34 it does not operate to close proceedings on the pending
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1 petition, but is subject to modification until final closing
2 and discharge of the proceedings under Section 5-750.
3 (4) In addition to any other sentence, the court may
4 order any minor found to be delinquent to make restitution,
5 in monetary or non-monetary form, under the terms and
6 conditions of Section 5-5-6 of the Unified Code of
7 Corrections, except that the "presentencing hearing" referred
8 to in that Section shall be the sentencing hearing for
9 purposes of this Section. The parent, guardian or legal
10 custodian of the minor may be ordered by the court to pay
11 some or all of the restitution on the minor's behalf,
12 pursuant to the Parental Responsibility Law. The State's
13 Attorney is authorized to act on behalf of any victim in
14 seeking restitution in proceedings under this Section, up to
15 the maximum amount allowed in Section 5 of the Parental
16 Responsibility Law.
17 (5) Any sentencing order where the minor is committed or
18 placed in accordance with Section 5-740 shall provide for the
19 parents or guardian of the estate of the minor to pay to the
20 legal custodian or guardian of the person of the minor such
21 sums as are determined by the custodian or guardian of the
22 person of the minor as necessary for the minor's needs. The
23 payments may not exceed the maximum amounts provided for by
24 Section 9.1 of the Children and Family Services Act.
25 (6) Whenever the sentencing order requires the minor to
26 attend school or participate in a program of training, the
27 truant officer or designated school official shall regularly
28 report to the court if the minor is a chronic or habitual
29 truant under Section 26-2a of the School Code.
30 (7) In no event shall a guilty minor be committed to the
31 Department of Corrections, Juvenile Division for a period of
32 time in excess of that period for which an adult could be
33 committed for the same act.
34 (8)(A) A minor found to be guilty for reasons that
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1 include a violation of Section 21-1.3 of the Criminal Code of
2 1961 shall be ordered to perform community service for not
3 less than 30 and not more than 120 hours, if community
4 service is available in the jurisdiction. The community
5 service shall include, but need not be limited to, the
6 cleanup and repair of the damage that was caused by the
7 violation or similar damage to property located in the
8 municipality or county in which the violation occurred. The
9 order may be in addition to any other order authorized by
10 this Section.
11 (B) A minor found to be guilty for an act that if
12 committed by an adult would constitute a criminal offense,
13 other than a forcible felony, who has not been previously
14 found guilty under this Article, shall be ordered to perform
15 community service for not less than 30 and not more than 120
16 hours, if community service is available in the jurisdiction.
17 (9) In addition to any other sentencing order, the court
18 shall order any minor found to be guilty for an act which
19 would constitute, predatory criminal sexual assault of a
20 child, aggravated criminal sexual assault, criminal sexual
21 assault, aggravated criminal sexual abuse, or criminal sexual
22 abuse if committed by an adult to undergo medical testing to
23 determine whether the defendant has any sexually
24 transmissible disease including a test for infection with
25 human immunodeficiency virus (HIV) or any other identified
26 causative agency of acquired immunodeficiency syndrome
27 (AIDS). Any medical test shall be performed only by
28 appropriately licensed medical practitioners and may include
29 an analysis of any bodily fluids as well as an examination of
30 the minor's person. Except as otherwise provided by law, the
31 results of the test shall be kept strictly confidential by
32 all medical personnel involved in the testing and must be
33 personally delivered in a sealed envelope to the judge of the
34 court in which the sentencing order was entered for the
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1 judge's inspection in camera. Acting in accordance with the
2 best interests of the victim and the public, the judge shall
3 have the discretion to determine to whom the results of the
4 testing may be revealed. The court shall notify the minor of
5 the results of the test for infection with the human
6 immunodeficiency virus (HIV). The court shall also notify
7 the victim if requested by the victim, and if the victim is
8 under the age of 15 and if requested by the victim's parents
9 or legal guardian, the court shall notify the victim's
10 parents or the legal guardian, of the results of the test for
11 infection with the human immunodeficiency virus (HIV). The
12 court shall provide information on the availability of HIV
13 testing and counseling at the Department of Public Health
14 facilities to all parties to whom the results of the testing
15 are revealed. The court shall order that the cost of any
16 test shall be paid by the county and may be taxed as costs
17 against the minor.
18 (10) When a court finds a minor to be guilty the court
19 shall, before entering a sentencing order under this Section,
20 make a finding whether the offense committed either: (a) was
21 related to or in furtherance of the criminal activities of an
22 organized gang or was motivated by the minor's membership in
23 or allegiance to an organized gang, or (b) involved a
24 violation of subsection (a) of Section 12-7.1 of the Criminal
25 Code of 1961, a violation of any Section of Article 24 of the
26 Criminal Code of 1961, or a violation of any statute that
27 involved the wrongful use of a firearm. If the court
28 determines the question in the affirmative, and the court
29 does not commit the minor to the Department of Corrections,
30 Juvenile Division, the court shall order the minor to perform
31 community service for not less than 30 hours nor more than
32 120 hours, provided that community service is available in
33 the jurisdiction and is funded and approved by the county
34 board of the county where the offense was committed. The
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1 community service shall include, but need not be limited to,
2 the cleanup and repair of any damage caused by a violation of
3 Section 21-1.3 of the Criminal Code of 1961 and similar
4 damage to property located in the municipality or county in
5 which the violation occurred. When possible and reasonable,
6 the community service shall be performed in the minor's
7 neighborhood. This order shall be in addition to any other
8 order authorized by this Section except for an order to place
9 the minor in the custody of the Department of Corrections,
10 Juvenile Division. For the purposes of this Section,
11 "organized gang" has the meaning ascribed to it in Section 10
12 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
13 (Source: 90SB0363enr.)
14 Section 15. The Unified Code of Corrections is amended
15 by changing Section 3-10-3 as follows:
16 (730 ILCS 5/3-10-3) (from Ch. 38, par. 1003-10-3)
17 Sec. 3-10-3. Program Assignment.
18 (a) The chief administrative officer of each institution
19 or facility of the Juvenile Division shall designate a person
20 or persons to classify and assign juveniles to programs in
21 the institution or facility.
22 (b) The program assignment of persons assigned to
23 institutions or facilities of the Juvenile Division shall be
24 made on the following basis:
25 (1) As soon as practicable after he or she is received,
26 and in any case no later than the expiration of the first 30
27 days, his or her file shall be studied and he or she shall be
28 interviewed and a determination made as to the program of
29 education, employment, training, treatment, care and custody
30 appropriate for him or her. Each juvenile assigned to a
31 facility of the Juvenile Division shall attend educational
32 classes 5 days each week during his or her period of
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1 incarceration in a facility of the Juvenile Division. A
2 record of such program assignment shall be made and shall be
3 a part of his or her master record file. A staff member shall
4 be designated for each person as his or her staff counselor.
5 (2) The program assignment shall be reviewed at least
6 once every 3 months and he or she shall be interviewed if it
7 is deemed desirable or if he or she so requests. After
8 review, such changes in his or her program of education,
9 employment, training, treatment, care and custody may be made
10 as is considered necessary or desirable and a record thereof
11 made a part of his or her file. If he or she requests a
12 change in his or her program and such request is denied, the
13 basis for denial shall be given to him or her and a written
14 statement thereof shall be made a part of his or her file.
15 (c) The Department may promulgate rules and regulations
16 governing the administration of treatment programs within
17 institutions and facilities of the Department.
18 (Source: P.A. 77-2097.)