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91_HB2257enr
HB2257 Enrolled LRB9104020REPk
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-615.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-615 as follows:
7 (705 ILCS 405/5-615)
8 Sec. 5-615. Continuance under supervision.
9 (1) The court may enter an order of continuance under
10 supervision for an offense other than first degree murder, a
11 Class X felony or a forcible felony (a) upon an admission or
12 stipulation by the appropriate respondent or minor respondent
13 of the facts supporting the petition and before proceeding to
14 adjudication, or after hearing the evidence at the trial, and
15 (b) in the absence of objection made in open court by the
16 minor, his or her parent, guardian, or legal custodian, the
17 minor's attorney or the State's Attorney.
18 (2) If the minor, his or her parent, guardian, or legal
19 custodian, the minor's attorney or State's Attorney objects
20 in open court to any continuance and insists upon proceeding
21 to findings and adjudication, the court shall so proceed.
22 (3) Nothing in this Section limits the power of the
23 court to order a continuance of the hearing for the
24 production of additional evidence or for any other proper
25 reason.
26 (4) When a hearing where a minor is alleged to be a
27 delinquent is continued pursuant to this Section, the period
28 of continuance under supervision may not exceed 24 months.
29 The court may terminate a continuance under supervision at
30 any time if warranted by the conduct of the minor and the
31 ends of justice.
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1 (5) When a hearing where a minor is alleged to be
2 delinquent is continued pursuant to this Section, the court
3 may, as conditions of the continuance under supervision,
4 require the minor to do any of the following:
5 (a) not violate any criminal statute of any
6 jurisdiction;
7 (b) make a report to and appear in person before
8 any person or agency as directed by the court;
9 (c) work or pursue a course of study or vocational
10 training;
11 (d) undergo medical or psychotherapeutic treatment
12 rendered by a therapist licensed under the provisions of
13 the Medical Practice Act of 1987, the Clinical
14 Psychologist Licensing Act, or the Clinical Social Work
15 and Social Work Practice Act, or an entity licensed by
16 the Department of Human Services as a successor to the
17 Department of Alcoholism and Substance Abuse, for the
18 provision of drug addiction and alcoholism treatment;
19 (e) attend or reside in a facility established for
20 the instruction or residence of persons on probation;
21 (f) support his or her dependents, if any;
22 (g) pay costs;
23 (h) refrain from possessing a firearm or other
24 dangerous weapon, or an automobile;
25 (i) permit the probation officer to visit him or
26 her at his or her home or elsewhere;
27 (j) reside with his or her parents or in a foster
28 home;
29 (k) attend school;
30 (l) attend a non-residential program for youth;
31 (m) contribute to his or her own support at home or
32 in a foster home;
33 (n) perform some reasonable public or community
34 service;
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1 (o) make restitution to the victim, in the same
2 manner and under the same conditions as provided in
3 subsection (4) of Section 5-710, except that the
4 "sentencing hearing" referred to in that Section shall be
5 the adjudicatory hearing for purposes of this Section;
6 (p) comply with curfew requirements as designated
7 by the court;
8 (q) refrain from entering into a designated
9 geographic area except upon terms as the court finds
10 appropriate. The terms may include consideration of the
11 purpose of the entry, the time of day, other persons
12 accompanying the minor, and advance approval by a
13 probation officer;
14 (r) refrain from having any contact, directly or
15 indirectly, with certain specified persons or particular
16 types of persons, including but not limited to members of
17 street gangs and drug users or dealers;
18 (s) refrain from having in his or her body the
19 presence of any illicit drug prohibited by the Cannabis
20 Control Act or the Illinois Controlled Substances Act,
21 unless prescribed by a physician, and submit samples of
22 his or her blood or urine or both for tests to determine
23 the presence of any illicit drug; or
24 (t) comply with any other conditions as may be
25 ordered by the court.
26 (6) A minor whose case is continued under supervision
27 under subsection (5) shall be given a certificate setting
28 forth the conditions imposed by the court. Those conditions
29 may be reduced, enlarged, or modified by the court on motion
30 of the probation officer or on its own motion, or that of the
31 State's Attorney, or, at the request of the minor after
32 notice and hearing.
33 (7) If a petition is filed charging a violation of a
34 condition of the continuance under supervision, the court
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1 shall conduct a hearing. If the court finds that a condition
2 of supervision has not been fulfilled, the court may proceed
3 to findings and adjudication and disposition. The filing of
4 a petition for violation of a condition of the continuance
5 under supervision shall toll the period of continuance under
6 supervision until the final determination of the charge, and
7 the term of the continuance under supervision shall not run
8 until the hearing and disposition of the petition for
9 violation; provided where the petition alleges conduct that
10 does not constitute a criminal offense, the hearing must be
11 held within 30 days of the filing of the petition unless a
12 delay shall continue the tolling of the period of continuance
13 under supervision for the period of the delay.
14 (8) When a hearing in which a minor is alleged to be a
15 delinquent for reasons that include a violation of Section
16 21-1.3 of the Criminal Code of 1961 is continued under this
17 Section, the court shall, as a condition of the continuance
18 under supervision, require the minor to perform community
19 service for not less than 30 and not more than 120 hours, if
20 community service is available in the jurisdiction. The
21 community service shall include, but need not be limited to,
22 the cleanup and repair of the damage that was caused by the
23 alleged violation or similar damage to property located in
24 the municipality or county in which the alleged violation
25 occurred. The condition may be in addition to any other
26 condition.
27 (9) When a hearing in which a minor is alleged to be a
28 delinquent is continued under this Section, the court, before
29 continuing the case, shall make a finding whether the offense
30 alleged to have been committed either: (i) was related to or
31 in furtherance of the activities of an organized gang or was
32 motivated by the minor's membership in or allegiance to an
33 organized gang, or (ii) is a violation of paragraph (13) of
34 subsection (a) of Section 12-2 of the Criminal Code of 1961,
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1 a violation of any Section of Article 24 of the Criminal Code
2 of 1961, or a violation of any statute that involved the
3 unlawful use of a firearm. If the court determines the
4 question in the affirmative the court shall, as a condition
5 of the continuance under supervision and as part of or in
6 addition to any other condition of the supervision, require
7 the minor to perform community service for not less than 30
8 hours nor more than 120 hours, provided that community
9 service is available in the jurisdiction and is funded and
10 approved by the county board of the county where the offense
11 was committed. The community service shall include, but need
12 not be limited to, the cleanup and repair of any damage
13 caused by an alleged violation of Section 21-1.3 of the
14 Criminal Code of 1961 and similar damage to property located
15 in the municipality or county in which the alleged violation
16 occurred. When possible and reasonable, the community
17 service shall be performed in the minor's neighborhood. For
18 the purposes of this Section, "organized gang" has the
19 meaning ascribed to it in Section 10 of the Illinois
20 Streetgang Terrorism Omnibus Prevention Act.
21 (10) The court shall impose upon a minor placed on
22 supervision, as a condition of the supervision, a fee of $25
23 for each month of supervision ordered by the court, unless
24 after determining the inability of the minor placed on
25 supervision to pay the fee, the court assesses a lesser
26 amount. The court may not impose the fee on a minor who is
27 made a ward of the State under this Act while the minor is in
28 placement. The fee shall be imposed only upon a minor who is
29 actively supervised by the probation and court services
30 department. A court may order the parent, guardian, or legal
31 custodian of the minor to pay some or all of the fee on the
32 minor's behalf.
33 (Source: P.A. 90-590, eff. 1-1-99.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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