(705 ILCS 405/5-715)
(Text of Section from P.A. 103-22) Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation. (2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any jurisdiction;
(b) make a report to and appear in person before any person or agency as directed by the |
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(c) work or pursue a course of study or vocational training;
(d) undergo medical or psychiatric treatment, rendered by a psychiatrist or
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| psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
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(e) attend or reside in a facility established for the instruction or residence of
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(f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other dangerous weapon, or an
automobile;
(h) permit the probation officer to visit the minor at the minor's home or
elsewhere;
(i) reside with the minor's parents or in a foster home;
(j) attend school;
(j-5) with the consent of the superintendent of the facility, attend an educational
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| program at a facility other than the school in which the offense was committed if the minor committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4) of Section 5-710;
(m) contribute to the minor's own support at home or in a foster home;
(n) perform some reasonable public or community service;
(o) participate with community corrections programs including unified delinquency
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| intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
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(p) pay costs;
(q) serve a term of home confinement. In addition to any other applicable condition of
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| probation or conditional discharge, the conditions of home confinement shall be that the minor:
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(i) remain within the interior premises of the place designated for the minor's
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| confinement during the hours designated by the court;
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(ii) admit any person or agent designated by the court into the minor's place of
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| confinement at any time for purposes of verifying the minor's compliance with the conditions of the minor's confinement; and
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(iii) use an approved electronic monitoring device if ordered by the court subject
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| to Article 8A of Chapter V of the Unified Code of Corrections;
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(r) refrain from entering into a designated geographic area except upon terms as the
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| court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
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(s) refrain from having any contact, directly or indirectly, with certain specified
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| persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
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(s-5) undergo a medical or other procedure to have a tattoo symbolizing allegiance to a
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| street gang removed from the minor's body;
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(t) refrain from having in the minor's body the presence of any illicit drug prohibited
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| by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of the minor's blood or urine or both for tests to determine the presence of any illicit drug; or
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(u) comply with other conditions as may be ordered by the court.
(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board. The treatment shall be at the expense of the person
evaluated based upon that person's ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which the minor is being
released.
(5) The court shall impose upon a minor placed on probation or conditional
discharge, as a condition of the probation or conditional discharge, a fee of
$50 for each month of probation or conditional discharge supervision ordered by
the court, unless after determining the inability of the minor placed on
probation or conditional discharge to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act while the minor is in placement. The fee shall be
imposed only upon a minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the minor's behalf.
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
The probation department within the circuit to which jurisdiction has
been transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender, as
provided in subsection (i) of Section 5-6-3 of the Unified Code of Corrections. For all transfer cases, as defined in
Section 9b of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the transfer, all
probation fees shall be paid to the probation department within the
circuit to which jurisdiction has been transferred.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation.
(2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any jurisdiction;
(b) make a report to and appear in person before any person or agency as directed by the
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|
(c) work or pursue a course of study or vocational training;
(d) undergo medical or psychiatric treatment, rendered by a psychiatrist or
|
| psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
|
|
(e) attend or reside in a facility established for the instruction or residence of
|
|
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other dangerous weapon, or an
automobile;
(h) permit the probation officer to visit him or her at his or her home or
elsewhere;
(i) reside with his or her parents or in a foster home;
(j) attend school;
(j-5) with the consent of the superintendent of the facility, attend an educational
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| program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4) of Section 5-710;
(m) provide nonfinancial contributions to his or her own support at home or in a foster
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(n) perform some reasonable public or community service that does not interfere with
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| school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
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(o) participate with community corrections programs including unified delinquency
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| intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
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(p) (blank);
(q) serve a term of home confinement. In addition to any other applicable condition of
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| probation or conditional discharge, the conditions of home confinement shall be that the minor:
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(i) remain within the interior premises of the place designated for his or her
|
| confinement during the hours designated by the court;
|
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(ii) admit any person or agent designated by the court into the minor's place of
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| confinement at any time for purposes of verifying the minor's compliance with the conditions of his or her confinement; and
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(iii) use an approved electronic monitoring device if ordered by the court subject
|
| to Article 8A of Chapter V of the Unified Code of Corrections;
|
|
(r) refrain from entering into a designated geographic area except upon terms as the
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| court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
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(s) refrain from having any contact, directly or indirectly, with certain specified
|
| persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
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|
(s-5) undergo a medical or other procedure to have a tattoo symbolizing allegiance to a
|
| street gang removed from his or her body;
|
|
(t) refrain from having in his or her body the presence of any illicit drug prohibited
|
| by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
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|
(u) comply with other conditions as may be ordered by the court.
(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which he or she is being
released.
(5) (Blank).
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(7) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of probation, conditional discharge, or supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on probation, conditional discharge, or supervision.
(Source: P.A. 103-379, eff. 7-28-23.)
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