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Public Act 098-0062
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| HB3172 Enrolled | LRB098 08458 RLC 38565 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 5-615 as follows:
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(705 ILCS 405/5-615)
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Sec. 5-615. Continuance under supervision.
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(1) The court may enter an order of continuance under |
supervision for an
offense other than first degree murder, a |
Class X felony or a forcible felony: |
(a) upon an admission or stipulation by the appropriate |
respondent or minor
respondent of the facts supporting the
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petition and before the court makes a finding of |
delinquency proceeding to adjudication, or after hearing |
the evidence
at the trial, and (b) in the absence of |
objection made in open court by the
minor, his or her |
parent, guardian, or legal custodian, the minor's attorney |
or
the
State's Attorney; or .
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(b) upon a finding of delinquency and after considering |
the circumstances of the offense and the history, |
character, and condition of the minor, if the court is of |
the opinion that: |
(i) the minor is not likely to commit further |
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crimes; |
(ii) the minor and the public would be best served |
if the minor were not to receive a criminal record; and |
(iii) in the best interests of justice an order of |
continuance under supervision is more appropriate than |
a sentence otherwise permitted under this Act. |
(2) (Blank). If the minor, his or her parent, guardian, or |
legal custodian, the
minor's
attorney or State's Attorney |
objects in open court to any continuance and
insists upon |
proceeding to findings and adjudication, the court shall so
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proceed.
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(3) Nothing in this Section limits the power of the court |
to order a
continuance of the hearing for the production of |
additional evidence or for any
other proper reason.
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(4) When a hearing where a minor is alleged to be a |
delinquent is
continued
pursuant to this Section, the period of |
continuance under supervision may not
exceed 24 months. The |
court may terminate a continuance under supervision at
any time |
if warranted by the conduct of the minor and the ends of |
justice or vacate the finding of delinquency or both.
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(5) When a hearing where a minor is alleged to be |
delinquent is continued
pursuant to this Section, the court |
may, as conditions of the continuance under
supervision, |
require the minor to do any of the following:
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(a) not violate any criminal statute of any |
jurisdiction;
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(b) make a report to and appear in person before any |
person or agency as
directed by the court;
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(c) work or pursue a course of study or vocational |
training;
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(d) undergo medical or psychotherapeutic treatment |
rendered by a therapist
licensed under the provisions of |
the Medical Practice Act of 1987, the
Clinical Psychologist |
Licensing Act, or the Clinical Social Work and Social
Work |
Practice Act, or an entity licensed by the Department of |
Human Services as
a successor to the Department of |
Alcoholism and Substance Abuse, for the
provision of drug |
addiction and alcoholism treatment;
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(e) attend or reside in a facility established for the |
instruction or
residence of persons on probation;
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(f) support his or her dependents, if any;
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(g) pay costs;
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(h) refrain from possessing a firearm or other |
dangerous weapon, or an
automobile;
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(i) permit the probation officer to visit him or her at |
his or her home or
elsewhere;
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(j) reside with his or her parents or in a foster home;
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(k) attend school;
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(k-5) with the consent of the superintendent
of the
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facility, attend an educational 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 |
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of the Crime Victims Compensation Act in a school, on the
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real
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
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(l) attend a non-residential program for youth;
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(m) contribute to his or her own support at home or in |
a foster home;
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(n) perform some reasonable public or community |
service;
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(o) make restitution to the victim, in the same manner |
and under the same
conditions as provided in subsection (4) |
of Section 5-710, except that the
"sentencing hearing" |
referred
to in that Section shall be the adjudicatory |
hearing for purposes of this
Section;
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(p) comply with curfew requirements as designated by |
the court;
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(q) refrain from entering into a designated geographic |
area except upon
terms as the court finds appropriate. The |
terms may include consideration of
the purpose of the |
entry, the time of day, other persons accompanying the
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minor, and advance approval by a probation officer;
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(r) 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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(r-5) undergo a medical or other procedure to have a |
tattoo symbolizing
allegiance to a street gang removed from |
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his or her body;
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(s) 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 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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(t) comply with any other conditions as may be ordered |
by the court.
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(6) A minor whose case is continued under supervision under |
subsection (5)
shall be given a certificate setting forth the |
conditions imposed by the court.
Those conditions may be |
reduced, enlarged, or modified by the court on motion
of the |
probation officer or on its own motion, or that of the State's |
Attorney,
or, at the request of the minor after notice and |
hearing.
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(7) If a petition is filed charging a violation of a |
condition of the
continuance under supervision, the court shall |
conduct a hearing. If the court
finds that a condition of |
supervision has not been fulfilled, the court may
proceed to |
findings, and adjudication, and disposition or adjudication |
and disposition. The filing of a petition
for violation of a |
condition of the continuance under supervision shall toll
the |
period of continuance under supervision until the final |
determination of
the charge, and the term of the continuance |
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under supervision shall not run
until the hearing and |
disposition of the petition for violation; provided
where the |
petition alleges conduct that does not constitute a criminal |
offense,
the hearing must be held within 30 days of the filing |
of the petition unless a
delay shall continue the tolling of |
the period of continuance under supervision
for the period of
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the delay.
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(8) When a hearing in which a minor is alleged to be a |
delinquent for
reasons that include a violation of Section |
21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
2012
is continued under this Section, the court shall, as a |
condition of the
continuance under supervision, require the |
minor to perform community service
for not less than 30 and not |
more than 120 hours, if community service is
available in the |
jurisdiction. The community service shall include, but need
not |
be limited to, the cleanup and repair of the damage that was |
caused by the
alleged violation or similar damage to property |
located in the municipality or
county in which the alleged |
violation occurred. The condition may be in
addition to any |
other condition.
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(8.5) When a hearing in which a minor is alleged to be a |
delinquent for
reasons
that include a violation of Section 3.02 |
or Section 3.03 of the Humane Care for
Animals Act or paragraph |
(d) of subsection (1)
of Section
21-1 of the Criminal Code of |
1961 or paragraph (4) of subsection (a) of Section 21-1 or the |
Criminal Code of 2012 is continued under this Section, the |
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court
shall, as a
condition of the continuance under |
supervision, require the minor to undergo
medical or
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psychiatric treatment rendered by a psychiatrist or |
psychological treatment
rendered by a
clinical psychologist. |
The condition may be in addition to any other
condition.
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(9) When a hearing in which a minor is alleged to be a |
delinquent is
continued under this Section, the court, before |
continuing the case, shall make
a finding whether the offense |
alleged to have been committed either: (i) was
related to or in |
furtherance of the activities of an organized gang or was
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motivated by the minor's membership in or allegiance to an |
organized gang, or
(ii) is a violation of paragraph (13) of |
subsection (a) of Section 12-2 or paragraph (2) of subsection |
(c) of Section 12-2 of the
Criminal Code of 1961 or the |
Criminal Code of 2012, a violation of any Section of Article 24 |
of the
Criminal Code of 1961 or the Criminal Code of 2012, or a |
violation of any statute that involved the unlawful
use of a |
firearm. If the court determines the question in the |
affirmative the
court shall, as a condition of the continuance |
under supervision and as part of
or in addition to any other |
condition of the supervision,
require the minor to perform |
community service for not less than 30 hours,
provided that |
community service is available in the
jurisdiction and is |
funded and approved by the county board of the county where
the |
offense was committed. The community service shall include, but |
need not
be limited to, the cleanup and repair of any damage |
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caused by an alleged
violation of Section 21-1.3 of the |
Criminal Code of 1961 or the Criminal Code of 2012 and similar |
damage to
property located in the municipality or county in |
which the alleged violation
occurred. When possible and |
reasonable, the community service shall be
performed in the |
minor's neighborhood. For the purposes of this Section,
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"organized gang" has the meaning ascribed to it in Section 10 |
of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
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(10) The court shall impose upon a minor placed on |
supervision, as a
condition of the supervision, a fee of $50 |
for each month of supervision
ordered by the court, unless |
after determining the inability of the minor
placed on |
supervision to pay the fee, the court assesses a lesser amount. |
The
court may not impose the fee on a minor who is made a ward |
of the State 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. A |
court may order the parent, guardian, or legal custodian of the
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minor to pay some or all of the fee on the minor's behalf.
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(11) If a minor is placed on supervision for a violation of
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subsection (a-7) of Section 1 of the Prevention of Tobacco Use |
by Minors Act, the
court may, in its discretion, and upon
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recommendation by the State's Attorney, order that minor and |
his or her parents
or legal
guardian to attend a smoker's |
education or youth diversion program as defined
in that Act if |
that
program is available in the jurisdiction where the |
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offender resides.
Attendance at a smoker's education or youth |
diversion program
shall be time-credited against any community |
service time imposed for any
first violation of subsection |
(a-7) of Section 1 of that Act. In addition to any
other
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penalty
that the court may impose for a violation of subsection |
(a-7) of Section 1 of
that Act, the
court, upon request by the |
State's Attorney, may in its discretion
require
the offender to |
remit a fee for his or her attendance at a smoker's
education |
or
youth diversion program.
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For purposes of this Section, "smoker's education program" |
or "youth
diversion program" includes, but is not limited to, a |
seminar designed to
educate a person on the physical and |
psychological effects of smoking tobacco
products and the |
health consequences of smoking tobacco products that can be
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conducted with a locality's youth diversion program.
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In addition to any other penalty that the court may impose |
under this
subsection
(11):
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(a) If a minor violates subsection (a-7) of Section 1 |
of the Prevention of
Tobacco Use by Minors Act, the court |
may
impose a sentence of 15 hours of
community service or a |
fine of $25 for a first violation.
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(b) A second violation by a minor of subsection (a-7) |
of Section 1 of that Act
that occurs
within 12 months after |
the first violation is punishable by a fine of $50 and
25
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hours of community service.
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(c) A third or subsequent violation by a minor of |