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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4702
Introduced 1/30/2008, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-20.12a |
from Ch. 122, par. 10-20.12a |
705 ILCS 405/5-710 |
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Amends the Section of the School Code concerning tuition for non-resident pupils. With respect to the financing of educational services
for an Illinois student under the age of 21 in a residential program
designed to correct alcohol or other drug dependencies that are provided by
the school district in which the facility is located, provides that the cost of educational services shall be paid by the district of the student's residence (instead of providing that the
cost of educational services shall be paid by the district in which the
student resides in an amount equal to the cost of providing educational
services in a treatment facility). Provides that this funding provision applies to all Illinois students receiving educational services, whether placed pursuant to the School Code or the Juvenile Court Act of 1987, by court order, or by a State agency or whether the student voluntarily enrolls or is enrolled by a parent or guardian. Amends the Juvenile Court Act of 1987 to provide that in instances in which educational services are to be provided to a minor in a residential program designed to correct alcohol or other drug dependencies, costs incurred in the provision of those services must be allocated based on the requirements of the School Code. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| AN ACT concerning education.
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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 School Code is amended by changing Section |
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| 10-20.12a as follows:
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| (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
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| Sec. 10-20.12a. Tuition for non-resident pupils. To charge |
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| non-resident pupils who attend the schools of the district
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| tuition in an amount not exceeding 110% of the per capita
cost |
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| of maintaining the schools of the district for the preceding |
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| school year.
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| Such per capita cost shall be computed by dividing the |
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| total cost of
conducting and maintaining the schools of the |
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| district by the average daily
attendance, including tuition |
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| pupils. Depreciation on the buildings and
equipment of the |
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| schools of the district, and the amount of annual
depreciation |
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| on such buildings and equipment shall be dependent upon the
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| useful life of such property.
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| The tuition charged shall in no case exceed 110% of the per |
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| capita
cost of conducting and maintaining the schools of the |
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| district attended, as
determined
with reference to the most |
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| recent audit prepared under Section 3-7 which is
available at |
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| the commencement of the current school year.
Non-resident |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| pupils attending the schools of the district
for less than the
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| school term shall have their tuition apportioned, however |
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| pupils who become
non-resident during a school term shall not |
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| be charged tuition for the
remainder of the school term in |
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| which they became non-resident pupils.
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| Unless otherwise agreed to by the parties involved and |
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| where the
educational services are not otherwise provided for, |
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| educational services
for an Illinois student under the age of |
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| 21 in a residential program
designed to correct alcohol or |
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| other drug dependencies shall be provided by
the district in |
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| which the facility is located and financed as follows. The cost |
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| of educational services shall be paid by the district of the |
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| student's residence to the district wherein the facility is |
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| located no less than once per month, unless otherwise agreed to |
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| by the parties. The funding provision in this paragraph applies |
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| to all Illinois students receiving educational services, |
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| whether placed pursuant to this Code or the Juvenile Court Act |
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| of 1987, by court order, or by a State agency or whether the |
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| student voluntarily enrolls or is enrolled by a parent or |
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| guardian. Nothing in this Section shall be construed to relieve |
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| the district of the student's residence of financial |
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| responsibility based on the manner in which the student was |
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| placed at the facility. Subsections (b), (c), (c-5), (d), (e), |
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| (f), and (g) of Section 10-20.12b of this Code do not apply to |
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| Illinois students placed, through whatever means, at a |
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| residential program designed to correct alcohol or other drug |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| dependencies. The
cost of educational services shall be paid by |
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| the district in which the
student resides in an amount equal to |
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| the cost of providing educational
services in a treatment |
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| facility. Payments shall be made by the district
of the |
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| student's residence and shall be made to the district wherein |
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| the
facility is located no less than once per month unless |
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| otherwise agreed to
by the parties.
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| (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98.)
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| Section 10. The Juvenile Court Act of 1987 is amended by |
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| changing Section 5-710 as follows:
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| (705 ILCS 405/5-710)
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| (Text of Section before amendment by P.A. 95-337 and |
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| 95-642 ) |
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| Sec. 5-710. Kinds of sentencing orders.
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| (1) The following kinds of sentencing orders may be made in |
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| respect of
wards of the court:
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| (a) Except as provided in Sections 5-805, 5-810, 5-815, |
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| a minor who is
found
guilty under Section 5-620 may be:
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| (i) put on probation or conditional discharge and |
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| released to his or her
parents, guardian or legal |
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| custodian, provided, however, that any such minor
who |
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| is not committed to the Department of Juvenile Justice |
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| under
this subsection and who is found to be a |
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| delinquent for an offense which is
first degree murder, |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| a Class X felony, or a forcible felony shall be placed |
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| on
probation;
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| (ii) placed in accordance with Section 5-740, with |
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| or without also being
put on probation or conditional |
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| discharge;
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| (iii) required to undergo a substance abuse |
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| assessment conducted by a
licensed provider and |
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| participate in the indicated clinical level of care;
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| (iv) placed in the guardianship of the Department |
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| of Children and Family
Services, but only if the |
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| delinquent minor is under 13 years of age;
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| (v) placed in detention for a period not to exceed |
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| 30 days, either as
the
exclusive order of disposition |
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| or, where appropriate, in conjunction with any
other |
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| order of disposition issued under this paragraph, |
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| provided that any such
detention shall be in a juvenile |
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| detention home and the minor so detained shall
be 10 |
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| years of age or older. However, the 30-day limitation |
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| may be extended by
further order of the court for a |
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| minor under age 13 committed to the Department
of |
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| Children and Family Services if the court finds that |
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| the minor is a danger
to himself or others. The minor |
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| shall be given credit on the sentencing order
of |
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| detention for time spent in detention under Sections |
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| 5-501, 5-601, 5-710, or
5-720 of this
Article as a |
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| result of the offense for which the sentencing order |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| was imposed.
The court may grant credit on a sentencing |
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| order of detention entered under a
violation of |
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| probation or violation of conditional discharge under |
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| Section
5-720 of this Article for time spent in |
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| detention before the filing of the
petition
alleging |
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| the violation. A minor shall not be deprived of credit |
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| for time spent
in detention before the filing of a |
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| violation of probation or conditional
discharge |
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| alleging the same or related act or acts;
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| (vi) ordered partially or completely emancipated |
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| in accordance with the
provisions of the Emancipation |
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| of Minors Act;
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| (vii) subject to having his or her driver's license |
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| or driving
privileges
suspended for such time as |
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| determined by the court but only until he or she
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| attains 18 years of age;
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| (viii) put on probation or conditional discharge |
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| and placed in detention
under Section 3-6039 of the |
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| Counties Code for a period not to exceed the period
of |
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| incarceration permitted by law for adults found guilty |
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| of the same offense
or offenses for which the minor was |
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| adjudicated delinquent, and in any event no
longer than |
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| upon attainment of age 21; this subdivision (viii) |
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| notwithstanding
any contrary provision of the law; or
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| (ix) ordered to undergo a medical or other |
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| procedure to have a tattoo
symbolizing allegiance to a |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| street gang removed from his or her body.
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| (b) A minor found to be guilty may be committed to the |
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| Department of
Juvenile Justice under Section 5-750 if the |
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| minor is 13 years of age or
older,
provided that the |
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| commitment to the Department of Juvenile Justice shall be |
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| made only if a term of incarceration is permitted by law |
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| for
adults found guilty of the offense for which the minor |
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| was adjudicated
delinquent. The time during which a minor |
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| is in custody before being released
upon the request of a |
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| parent, guardian or legal custodian shall be considered
as |
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| time spent in detention.
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| (c) When a minor is found to be guilty for an offense |
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| which is a violation
of the Illinois Controlled Substances |
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| Act, the Cannabis Control Act, or the Methamphetamine |
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| Control and Community Protection Act and made
a ward of the |
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| court, the court may enter a disposition order requiring |
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| the
minor to undergo assessment,
counseling or treatment in |
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| a substance abuse program approved by the Department
of |
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| Human Services.
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| (2) Any sentencing order other than commitment to the |
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| Department of
Juvenile Justice may provide for protective |
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| supervision under
Section 5-725 and may include an order of |
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| protection under Section 5-730.
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| (3) Unless the sentencing order expressly so provides, it |
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| does not operate
to close proceedings on the pending petition, |
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| but is subject to modification
until final closing and |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| discharge of the proceedings under Section 5-750.
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| (4) In addition to any other sentence, the court may order |
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| any
minor
found to be delinquent to make restitution, in |
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| monetary or non-monetary form,
under the terms and conditions |
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| of Section 5-5-6 of the Unified Code of
Corrections, except |
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| that the "presentencing hearing" referred to in that
Section
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| shall be
the sentencing hearing for purposes of this Section. |
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| The parent, guardian or
legal custodian of the minor may be |
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| ordered by the court to pay some or all of
the restitution on |
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| the minor's behalf, pursuant to the Parental Responsibility
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| Law. The State's Attorney is authorized to act
on behalf of any |
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| victim in seeking restitution in proceedings under this
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| Section, up to the maximum amount allowed in Section 5 of the |
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| Parental
Responsibility Law.
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| (5) Any sentencing order where the minor is committed or |
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| placed in
accordance
with Section 5-740 shall provide for the |
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| parents or guardian of the estate of
the minor to pay to the |
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| legal custodian or guardian of the person of the minor
such |
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| sums as are determined by the custodian or guardian of the |
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| person of the
minor as necessary for the minor's needs. The |
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| payments may not exceed the
maximum amounts provided for by |
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| Section 9.1 of the Children and Family Services
Act.
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| (6) Whenever the sentencing order requires the minor to |
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| attend school or
participate in a program of training, the |
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| truant officer or designated school
official shall regularly |
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| report to the court if the minor is a chronic or
habitual |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| truant under Section 26-2a of the School Code. Notwithstanding |
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| any other provision of this Act, in instances in which |
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| educational services are to be provided to a minor in a |
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| residential program designed to correct alcohol or other drug |
5 |
| dependencies, costs incurred in the provision of those services |
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| must be allocated based on the requirements of Section |
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| 10-20.12a of the School Code.
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| (7) In no event shall a guilty minor be committed to the |
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| Department of
Juvenile Justice for a period of time in
excess |
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| of
that period for which an adult could be committed for the |
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| same act.
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| (8) A minor found to be guilty for reasons that include a |
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| violation of
Section 21-1.3 of the Criminal Code of 1961 shall |
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| be ordered to perform
community service for not less than 30 |
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| and not more than 120 hours, if
community service is available |
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| in the jurisdiction. The community service
shall include, but |
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| need not be limited to, the cleanup and repair of the damage
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| that was caused by the violation or similar damage to property |
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| located in the
municipality or county in which the violation |
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| occurred. The order may be in
addition to any other order |
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| authorized by this Section.
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| (8.5) A minor found to be guilty for reasons that include a |
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| violation of
Section
3.02 or Section 3.03 of the Humane Care |
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| for Animals Act or paragraph (d) of
subsection (1) of
Section |
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| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo |
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| medical or psychiatric treatment rendered by
a
psychiatrist or |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| psychological treatment rendered by a clinical psychologist.
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| The order
may be in addition to any other order authorized by |
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| this Section.
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| (9) In addition to any other sentencing order, the court |
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| shall order any
minor found
to be guilty for an act which would |
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| constitute, predatory criminal sexual
assault of a child, |
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| aggravated criminal sexual assault, criminal sexual
assault, |
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| aggravated criminal sexual abuse, or criminal sexual abuse if
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| committed by an
adult to undergo medical testing to determine |
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| whether the defendant has any
sexually transmissible disease |
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| including a test for infection with human
immunodeficiency |
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| virus (HIV) or any other identified causative agency of
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| acquired immunodeficiency syndrome (AIDS). Any medical test |
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| shall be performed
only by appropriately licensed medical |
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| practitioners and may include an
analysis of any bodily fluids |
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| as well as an examination of the minor's person.
Except as |
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| otherwise provided by law, the results of the test shall be |
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| kept
strictly confidential by all medical personnel involved in |
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| the testing and must
be personally delivered in a sealed |
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| envelope to the judge of the court in which
the sentencing |
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| order was entered for the judge's inspection in camera. Acting
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| in accordance with the best interests of the victim and the |
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| public, the judge
shall have the discretion to determine to |
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| whom the results of the testing may
be revealed. The court |
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| shall notify the minor of the results of the test for
infection |
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| with the human immunodeficiency virus (HIV). The court shall |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| also
notify the victim if requested by the victim, and if the |
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| victim is under the
age of 15 and if requested by the victim's |
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| parents or legal guardian, the court
shall notify the victim's |
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| parents or the legal guardian, of the results of the
test for |
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| infection with the human immunodeficiency virus (HIV). The |
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| court
shall provide information on the availability of HIV |
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| testing and counseling at
the Department of Public Health |
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| facilities to all parties to whom the
results of the testing |
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| are revealed. The court shall order that the cost of
any test |
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| shall be paid by the county and may be taxed as costs against |
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| the
minor.
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| (10) When a court finds a minor to be guilty the court |
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| shall, before
entering a sentencing order under this Section, |
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| make a finding whether the
offense committed either: (a) was |
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| related to or in furtherance of the criminal
activities of an |
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| organized gang or was motivated by the minor's membership in
or |
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| allegiance to an organized gang, or (b) involved a violation of
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| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, |
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| a violation of
any
Section of Article 24 of the Criminal Code |
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| of 1961, or a violation of any
statute that involved the |
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| wrongful use of a firearm. If the court determines
the question |
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| in the affirmative,
and the court does not commit the minor to |
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| the Department of Juvenile Justice, the court shall order the |
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| minor to perform community service
for not less than 30 hours |
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| nor more than 120 hours, provided that community
service is |
26 |
| available in the jurisdiction and is funded and approved by the
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HB4702 |
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LRB095 18610 NHT 44696 b |
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| county board of the county where the offense was committed. The |
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| community
service shall include, but need not be limited to, |
3 |
| the cleanup and repair of
any damage caused by a violation of |
4 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage |
5 |
| to property located in the municipality or county in which
the |
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| violation occurred. When possible and reasonable, the |
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| community service
shall be performed in the minor's |
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| neighborhood. This order shall be in
addition to any other |
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| order authorized by this Section
except for an order to place |
10 |
| the minor in the custody of the Department of
Juvenile Justice. |
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| For the purposes of this Section, "organized
gang" has the |
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| meaning ascribed to it in Section 10 of the Illinois Streetgang
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| Terrorism Omnibus Prevention Act.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)
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| (Text of Section after amendment by P.A. 95-337 and 95-642 ) |
16 |
| Sec. 5-710. Kinds of sentencing orders.
|
17 |
| (1) The following kinds of sentencing orders may be made in |
18 |
| respect of
wards of the court:
|
19 |
| (a) Except as provided in Sections 5-805, 5-810, 5-815, |
20 |
| a minor who is
found
guilty under Section 5-620 may be:
|
21 |
| (i) put on probation or conditional discharge and |
22 |
| released to his or her
parents, guardian or legal |
23 |
| custodian, provided, however, that any such minor
who |
24 |
| is not committed to the Department of Juvenile Justice |
25 |
| under
this subsection and who is found to be a |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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1 |
| delinquent for an offense which is
first degree murder, |
2 |
| a Class X felony, or a forcible felony shall be placed |
3 |
| on
probation;
|
4 |
| (ii) placed in accordance with Section 5-740, with |
5 |
| or without also being
put on probation or conditional |
6 |
| discharge;
|
7 |
| (iii) required to undergo a substance abuse |
8 |
| assessment conducted by a
licensed provider and |
9 |
| participate in the indicated clinical level of care;
|
10 |
| (iv) placed in the guardianship of the Department |
11 |
| of Children and Family
Services, but only if the |
12 |
| delinquent minor is under 15 years of age or, pursuant |
13 |
| to Article II of this Act, a minor for whom an |
14 |
| independent basis of abuse, neglect, or dependency |
15 |
| exists. An independent basis exists when the |
16 |
| allegations or adjudication of abuse, neglect, or |
17 |
| dependency do not arise from the same facts, incident, |
18 |
| or circumstances which give rise to a charge or |
19 |
| adjudication of delinquency;
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20 |
| (v) placed in detention for a period not to exceed |
21 |
| 30 days, either as
the
exclusive order of disposition |
22 |
| or, where appropriate, in conjunction with any
other |
23 |
| order of disposition issued under this paragraph, |
24 |
| provided that any such
detention shall be in a juvenile |
25 |
| detention home and the minor so detained shall
be 10 |
26 |
| years of age or older. However, the 30-day limitation |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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1 |
| may be extended by
further order of the court for a |
2 |
| minor under age 15 committed to the Department
of |
3 |
| Children and Family Services if the court finds that |
4 |
| the minor is a danger
to himself or others. The minor |
5 |
| shall be given credit on the sentencing order
of |
6 |
| detention for time spent in detention under Sections |
7 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a |
8 |
| result of the offense for which the sentencing order |
9 |
| was imposed.
The court may grant credit on a sentencing |
10 |
| order of detention entered under a
violation of |
11 |
| probation or violation of conditional discharge under |
12 |
| Section
5-720 of this Article for time spent in |
13 |
| detention before the filing of the
petition
alleging |
14 |
| the violation. A minor shall not be deprived of credit |
15 |
| for time spent
in detention before the filing of a |
16 |
| violation of probation or conditional
discharge |
17 |
| alleging the same or related act or acts;
|
18 |
| (vi) ordered partially or completely emancipated |
19 |
| in accordance with the
provisions of the Emancipation |
20 |
| of Minors Act;
|
21 |
| (vii) subject to having his or her driver's license |
22 |
| or driving
privileges
suspended for such time as |
23 |
| determined by the court but only until he or she
|
24 |
| attains 18 years of age;
|
25 |
| (viii) put on probation or conditional discharge |
26 |
| and placed in detention
under Section 3-6039 of the |
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HB4702 |
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LRB095 18610 NHT 44696 b |
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1 |
| Counties Code for a period not to exceed the period
of |
2 |
| incarceration permitted by law for adults found guilty |
3 |
| of the same offense
or offenses for which the minor was |
4 |
| adjudicated delinquent, and in any event no
longer than |
5 |
| upon attainment of age 21; this subdivision (viii) |
6 |
| notwithstanding
any contrary provision of the law; or
|
7 |
| (ix) ordered to undergo a medical or other |
8 |
| procedure to have a tattoo
symbolizing allegiance to a |
9 |
| street gang removed from his or her body.
|
10 |
| (b) A minor found to be guilty may be committed to the |
11 |
| Department of
Juvenile Justice under Section 5-750 if the |
12 |
| minor is 13 years of age or
older,
provided that the |
13 |
| commitment to the Department of Juvenile Justice shall be |
14 |
| made only if a term of incarceration is permitted by law |
15 |
| for
adults found guilty of the offense for which the minor |
16 |
| was adjudicated
delinquent. The time during which a minor |
17 |
| is in custody before being released
upon the request of a |
18 |
| parent, guardian or legal custodian shall be considered
as |
19 |
| time spent in detention.
|
20 |
| (c) When a minor is found to be guilty for an offense |
21 |
| which is a violation
of the Illinois Controlled Substances |
22 |
| Act, the Cannabis Control Act, or the Methamphetamine |
23 |
| Control and Community Protection Act and made
a ward of the |
24 |
| court, the court may enter a disposition order requiring |
25 |
| the
minor to undergo assessment,
counseling or treatment in |
26 |
| a substance abuse program approved by the Department
of |
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| Human Services.
|
2 |
| (2) Any sentencing order other than commitment to the |
3 |
| Department of
Juvenile Justice may provide for protective |
4 |
| supervision under
Section 5-725 and may include an order of |
5 |
| protection under Section 5-730.
|
6 |
| (3) Unless the sentencing order expressly so provides, it |
7 |
| does not operate
to close proceedings on the pending petition, |
8 |
| but is subject to modification
until final closing and |
9 |
| discharge of the proceedings under Section 5-750.
|
10 |
| (4) In addition to any other sentence, the court may order |
11 |
| any
minor
found to be delinquent to make restitution, in |
12 |
| monetary or non-monetary form,
under the terms and conditions |
13 |
| of Section 5-5-6 of the Unified Code of
Corrections, except |
14 |
| that the "presentencing hearing" referred to in that
Section
|
15 |
| shall be
the sentencing hearing for purposes of this Section. |
16 |
| The parent, guardian or
legal custodian of the minor may be |
17 |
| ordered by the court to pay some or all of
the restitution on |
18 |
| the minor's behalf, pursuant to the Parental Responsibility
|
19 |
| Law. The State's Attorney is authorized to act
on behalf of any |
20 |
| victim in seeking restitution in proceedings under this
|
21 |
| Section, up to the maximum amount allowed in Section 5 of the |
22 |
| Parental
Responsibility Law.
|
23 |
| (5) Any sentencing order where the minor is committed or |
24 |
| placed in
accordance
with Section 5-740 shall provide for the |
25 |
| parents or guardian of the estate of
the minor to pay to the |
26 |
| legal custodian or guardian of the person of the minor
such |
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| sums as are determined by the custodian or guardian of the |
2 |
| person of the
minor as necessary for the minor's needs. The |
3 |
| payments may not exceed the
maximum amounts provided for by |
4 |
| Section 9.1 of the Children and Family Services
Act.
|
5 |
| (6) Whenever the sentencing order requires the minor to |
6 |
| attend school or
participate in a program of training, the |
7 |
| truant officer or designated school
official shall regularly |
8 |
| report to the court if the minor is a chronic or
habitual |
9 |
| truant under Section 26-2a of the School Code. Notwithstanding |
10 |
| any other provision of this Act, in instances in which |
11 |
| educational services are to be provided to a minor in a |
12 |
| residential program designed to correct alcohol or other drug |
13 |
| dependencies, costs incurred in the provision of those services |
14 |
| must be allocated based on the requirements of Section |
15 |
| 10-20.12a of the School Code.
|
16 |
| (7) In no event shall a guilty minor be committed to the |
17 |
| Department of
Juvenile Justice for a period of time in
excess |
18 |
| of
that period for which an adult could be committed for the |
19 |
| same act.
|
20 |
| (8) A minor found to be guilty for reasons that include a |
21 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall |
22 |
| be ordered to perform
community service for not less than 30 |
23 |
| and not more than 120 hours, if
community service is available |
24 |
| in the jurisdiction. The community service
shall include, but |
25 |
| need not be limited to, the cleanup and repair of the damage
|
26 |
| that was caused by the violation or similar damage to property |
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| located in the
municipality or county in which the violation |
2 |
| occurred. The order may be in
addition to any other order |
3 |
| authorized by this Section.
|
4 |
| (8.5) A minor found to be guilty for reasons that include a |
5 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care |
6 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section |
7 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo |
8 |
| medical or psychiatric treatment rendered by
a
psychiatrist or |
9 |
| psychological treatment rendered by a clinical psychologist.
|
10 |
| The order
may be in addition to any other order authorized by |
11 |
| this Section.
|
12 |
| (9) In addition to any other sentencing order, the court |
13 |
| shall order any
minor found
to be guilty for an act which would |
14 |
| constitute, predatory criminal sexual
assault of a child, |
15 |
| aggravated criminal sexual assault, criminal sexual
assault, |
16 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
|
17 |
| committed by an
adult to undergo medical testing to determine |
18 |
| whether the defendant has any
sexually transmissible disease |
19 |
| including a test for infection with human
immunodeficiency |
20 |
| virus (HIV) or any other identified causative agency of
|
21 |
| acquired immunodeficiency syndrome (AIDS). Any medical test |
22 |
| shall be performed
only by appropriately licensed medical |
23 |
| practitioners and may include an
analysis of any bodily fluids |
24 |
| as well as an examination of the minor's person.
Except as |
25 |
| otherwise provided by law, the results of the test shall be |
26 |
| kept
strictly confidential by all medical personnel involved in |
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| the testing and must
be personally delivered in a sealed |
2 |
| envelope to the judge of the court in which
the sentencing |
3 |
| order was entered for the judge's inspection in camera. Acting
|
4 |
| in accordance with the best interests of the victim and the |
5 |
| public, the judge
shall have the discretion to determine to |
6 |
| whom the results of the testing may
be revealed. The court |
7 |
| shall notify the minor of the results of the test for
infection |
8 |
| with the human immunodeficiency virus (HIV). The court shall |
9 |
| also
notify the victim if requested by the victim, and if the |
10 |
| victim is under the
age of 15 and if requested by the victim's |
11 |
| parents or legal guardian, the court
shall notify the victim's |
12 |
| parents or the legal guardian, of the results of the
test for |
13 |
| infection with the human immunodeficiency virus (HIV). The |
14 |
| court
shall provide information on the availability of HIV |
15 |
| testing and counseling at
the Department of Public Health |
16 |
| facilities to all parties to whom the
results of the testing |
17 |
| are revealed. The court shall order that the cost of
any test |
18 |
| shall be paid by the county and may be taxed as costs against |
19 |
| the
minor.
|
20 |
| (10) When a court finds a minor to be guilty the court |
21 |
| shall, before
entering a sentencing order under this Section, |
22 |
| make a finding whether the
offense committed either: (a) was |
23 |
| related to or in furtherance of the criminal
activities of an |
24 |
| organized gang or was motivated by the minor's membership in
or |
25 |
| allegiance to an organized gang, or (b) involved a violation of
|
26 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, |
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| 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 |
| wrongful use of a firearm. If the court determines
the question |
4 |
| in the affirmative,
and the court does not commit the minor to |
5 |
| the Department of Juvenile Justice, the court shall order the |
6 |
| minor to perform community service
for not less than 30 hours |
7 |
| nor more than 120 hours, provided that community
service is |
8 |
| available in the jurisdiction and is funded and approved by the
|
9 |
| county board of the county where the offense was committed. The |
10 |
| community
service shall include, but need not be limited to, |
11 |
| the cleanup and repair of
any damage caused by a violation of |
12 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage |
13 |
| to property located in the municipality or county in which
the |
14 |
| violation occurred. When possible and reasonable, the |
15 |
| community service
shall be performed in the minor's |
16 |
| neighborhood. This order shall be in
addition to any other |
17 |
| order authorized by this Section
except for an order to place |
18 |
| the minor in the custody of the Department of
Juvenile Justice. |
19 |
| For the purposes of this Section, "organized
gang" has the |
20 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
|
21 |
| Terrorism Omnibus Prevention Act.
|
22 |
| (11) If the court determines that the offense was committed |
23 |
| in furtherance of the criminal activities of an organized gang, |
24 |
| as provided in subsection (10), and that the offense involved |
25 |
| the operation or use of a motor vehicle or the use of a |
26 |
| driver's license or permit, the court shall notify the |
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| Secretary of State of that determination and of the period for |
2 |
| which the minor shall be denied driving privileges. If, at the |
3 |
| time of the determination, the minor does not hold a driver's |
4 |
| license or permit, the court shall provide that the minor shall |
5 |
| not be issued a driver's license or permit until his or her |
6 |
| 18th birthday. If the minor holds a driver's license or permit |
7 |
| at the time of the determination, the court shall provide that |
8 |
| the minor's driver's license or permit shall be revoked until |
9 |
| his or her 21st birthday, or until a later date or occurrence |
10 |
| determined by the court. If the minor holds a driver's license |
11 |
| at the time of the determination, the court may direct the |
12 |
| Secretary of State to issue the minor a judicial driving |
13 |
| permit, also known as a JDP. The JDP shall be subject to the |
14 |
| same terms as a JDP issued under Section 6-206.1 of the |
15 |
| Illinois Vehicle Code, except that the court may direct that |
16 |
| the JDP be effective immediately.
|
17 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; |
18 |
| 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; revised 11-19-07.)
|
19 |
| Section 95. No acceleration or delay. Where this Act makes |
20 |
| changes in a statute that is represented in this Act by text |
21 |
| that is not yet or no longer in effect (for example, a Section |
22 |
| represented by multiple versions), the use of that text does |
23 |
| not accelerate or delay the taking effect of (i) the changes |
24 |
| made by this Act or (ii) provisions derived from any other |
25 |
| Public Act.
|