|
|||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning courts.
| ||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||||||||||||||||||||||||||||||||||
5 | changing Section 5-710 and by adding Part 7A to Article V as | ||||||||||||||||||||||||||||||||||||||
6 | follows:
| ||||||||||||||||||||||||||||||||||||||
7 | (705 ILCS 405/5-710)
| ||||||||||||||||||||||||||||||||||||||
8 | Sec. 5-710. Kinds of sentencing orders.
| ||||||||||||||||||||||||||||||||||||||
9 | (1) The following kinds of sentencing orders may be made in | ||||||||||||||||||||||||||||||||||||||
10 | respect of
wards of the court:
| ||||||||||||||||||||||||||||||||||||||
11 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||||||||||||||||||||||||||||||||||
12 | a minor who is
found
guilty under Section 5-620 may be:
| ||||||||||||||||||||||||||||||||||||||
13 | (i) put on probation or conditional discharge and | ||||||||||||||||||||||||||||||||||||||
14 | released to his or her
parents, guardian or legal | ||||||||||||||||||||||||||||||||||||||
15 | custodian, provided, however, that any such minor
who | ||||||||||||||||||||||||||||||||||||||
16 | is not committed to the Department of Juvenile Justice | ||||||||||||||||||||||||||||||||||||||
17 | under
this subsection and who is found to be a | ||||||||||||||||||||||||||||||||||||||
18 | delinquent for an offense which is
first degree murder, | ||||||||||||||||||||||||||||||||||||||
19 | a Class X felony, or a forcible felony shall be placed | ||||||||||||||||||||||||||||||||||||||
20 | on
probation;
| ||||||||||||||||||||||||||||||||||||||
21 | (ii) placed in accordance with Section 5-740, with | ||||||||||||||||||||||||||||||||||||||
22 | or without also being
put on probation or conditional | ||||||||||||||||||||||||||||||||||||||
23 | discharge;
|
| |||||||
| |||||||
1 | (iii) required to undergo a substance abuse | ||||||
2 | assessment conducted by a
licensed provider and | ||||||
3 | participate in the indicated clinical level of care;
| ||||||
4 | (iv) placed in the guardianship of the Department | ||||||
5 | of Children and Family
Services, but only if the | ||||||
6 | delinquent minor is under 15 years of age or, pursuant | ||||||
7 | to Article II of this Act, a minor for whom an | ||||||
8 | independent basis of abuse, neglect, or dependency | ||||||
9 | exists. An independent basis exists when the | ||||||
10 | allegations or adjudication of abuse, neglect, or | ||||||
11 | dependency do not arise from the same facts, incident, | ||||||
12 | or circumstances which give rise to a charge or | ||||||
13 | adjudication of delinquency;
| ||||||
14 | (v) placed in detention for a period not to exceed | ||||||
15 | 30 days, either as
the
exclusive order of disposition | ||||||
16 | or, where appropriate, in conjunction with any
other | ||||||
17 | order of disposition issued under this paragraph, | ||||||
18 | provided that any such
detention shall be in a juvenile | ||||||
19 | detention home and the minor so detained shall
be 10 | ||||||
20 | years of age or older. However, the 30-day limitation | ||||||
21 | may be extended by
further order of the court for a | ||||||
22 | minor under age 15 committed to the Department
of | ||||||
23 | Children and Family Services if the court finds that | ||||||
24 | the minor is a danger
to himself or others. The minor | ||||||
25 | shall be given credit on the sentencing order
of | ||||||
26 | detention for time spent in detention under Sections |
| |||||||
| |||||||
1 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
2 | result of the offense for which the sentencing order | ||||||
3 | was imposed.
The court may grant credit on a sentencing | ||||||
4 | order of detention entered under a
violation of | ||||||
5 | probation or violation of conditional discharge under | ||||||
6 | Section
5-720 of this Article for time spent in | ||||||
7 | detention before the filing of the
petition
alleging | ||||||
8 | the violation. A minor shall not be deprived of credit | ||||||
9 | for time spent
in detention before the filing of a | ||||||
10 | violation of probation or conditional
discharge | ||||||
11 | alleging the same or related act or acts;
| ||||||
12 | (vi) ordered partially or completely emancipated | ||||||
13 | in accordance with the
provisions of the Emancipation | ||||||
14 | of Minors Act;
| ||||||
15 | (vii) subject to having his or her driver's license | ||||||
16 | or driving
privileges
suspended for such time as | ||||||
17 | determined by the court but only until he or she
| ||||||
18 | attains 18 years of age;
| ||||||
19 | (viii) put on probation or conditional discharge | ||||||
20 | and placed in detention
under Section 3-6039 of the | ||||||
21 | Counties Code for a period not to exceed the period
of | ||||||
22 | incarceration permitted by law for adults found guilty | ||||||
23 | of the same offense
or offenses for which the minor was | ||||||
24 | adjudicated delinquent, and in any event no
longer than | ||||||
25 | upon attainment of age 21; this subdivision (viii) | ||||||
26 | notwithstanding
any contrary provision of the law; or
|
| |||||||
| |||||||
1 | (ix) ordered to undergo a medical or other | ||||||
2 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
3 | street gang removed from his or her body ; or .
| ||||||
4 | (x) placed in electronic home detention under Part | ||||||
5 | 7A of this Article.
| ||||||
6 | (b) A minor found to be guilty may be committed to the | ||||||
7 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
8 | minor is 13 years of age or
older,
provided that the | ||||||
9 | commitment to the Department of Juvenile Justice shall be | ||||||
10 | made only if a term of incarceration is permitted by law | ||||||
11 | for
adults found guilty of the offense for which the minor | ||||||
12 | was adjudicated
delinquent. The time during which a minor | ||||||
13 | is in custody before being released
upon the request of a | ||||||
14 | parent, guardian or legal custodian shall be considered
as | ||||||
15 | time spent in detention.
| ||||||
16 | (c) When a minor is found to be guilty for an offense | ||||||
17 | which is a violation
of the Illinois Controlled Substances | ||||||
18 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
19 | Control and Community Protection Act and made
a ward of the | ||||||
20 | court, the court may enter a disposition order requiring | ||||||
21 | the
minor to undergo assessment,
counseling or treatment in | ||||||
22 | a substance abuse program approved by the Department
of | ||||||
23 | Human Services.
| ||||||
24 | (2) Any sentencing order other than commitment to the | ||||||
25 | Department of
Juvenile Justice may provide for protective | ||||||
26 | supervision under
Section 5-725 and may include an order of |
| |||||||
| |||||||
1 | protection under Section 5-730.
| ||||||
2 | (3) Unless the sentencing order expressly so provides, it | ||||||
3 | does not operate
to close proceedings on the pending petition, | ||||||
4 | but is subject to modification
until final closing and | ||||||
5 | discharge of the proceedings under Section 5-750.
| ||||||
6 | (4) In addition to any other sentence, the court may order | ||||||
7 | any
minor
found to be delinquent to make restitution, in | ||||||
8 | monetary or non-monetary form,
under the terms and conditions | ||||||
9 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
10 | that the "presentencing hearing" referred to in that
Section
| ||||||
11 | shall be
the sentencing hearing for purposes of this Section. | ||||||
12 | The parent, guardian or
legal custodian of the minor may be | ||||||
13 | ordered by the court to pay some or all of
the restitution on | ||||||
14 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
15 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
16 | victim in seeking restitution in proceedings under this
| ||||||
17 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
18 | Parental
Responsibility Law.
| ||||||
19 | (5) Any sentencing order where the minor is committed or | ||||||
20 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
21 | parents or guardian of the estate of
the minor to pay to the | ||||||
22 | legal custodian or guardian of the person of the minor
such | ||||||
23 | sums as are determined by the custodian or guardian of the | ||||||
24 | person of the
minor as necessary for the minor's needs. The | ||||||
25 | payments may not exceed the
maximum amounts provided for by | ||||||
26 | Section 9.1 of the Children and Family Services
Act.
|
| |||||||
| |||||||
1 | (6) Whenever the sentencing order requires the minor to | ||||||
2 | attend school or
participate in a program of training, the | ||||||
3 | truant officer or designated school
official shall regularly | ||||||
4 | report to the court if the minor is a chronic or
habitual | ||||||
5 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
6 | any other provision of this Act, in instances in which | ||||||
7 | educational services are to be provided to a minor in a | ||||||
8 | residential facility where the minor has been placed by the | ||||||
9 | court, costs incurred in the provision of those educational | ||||||
10 | services must be allocated based on the requirements of the | ||||||
11 | School Code.
| ||||||
12 | (7) In no event shall a guilty minor be committed to the | ||||||
13 | Department of
Juvenile Justice for a period of time in
excess | ||||||
14 | of
that period for which an adult could be committed for the | ||||||
15 | same act.
| ||||||
16 | (8) A minor found to be guilty for reasons that include a | ||||||
17 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
18 | be ordered to perform
community service for not less than 30 | ||||||
19 | and not more than 120 hours, if
community service is available | ||||||
20 | in the jurisdiction. The community service
shall include, but | ||||||
21 | need not be limited to, the cleanup and repair of the damage
| ||||||
22 | that was caused by the violation or similar damage to property | ||||||
23 | located in the
municipality or county in which the violation | ||||||
24 | occurred. The order may be in
addition to any other order | ||||||
25 | authorized by this Section.
| ||||||
26 | (8.5) A minor found to be guilty for reasons that include a |
| |||||||
| |||||||
1 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
2 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
3 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
4 | medical or psychiatric treatment rendered by
a
psychiatrist or | ||||||
5 | psychological treatment rendered by a clinical psychologist.
| ||||||
6 | The order
may be in addition to any other order authorized by | ||||||
7 | this Section.
| ||||||
8 | (9) In addition to any other sentencing order, the court | ||||||
9 | shall order any
minor found
to be guilty for an act which would | ||||||
10 | constitute, predatory criminal sexual
assault of a child, | ||||||
11 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
12 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
13 | committed by an
adult to undergo medical testing to determine | ||||||
14 | whether the defendant has any
sexually transmissible disease | ||||||
15 | including a test for infection with human
immunodeficiency | ||||||
16 | virus (HIV) or any other identified causative agency of
| ||||||
17 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
18 | shall be performed
only by appropriately licensed medical | ||||||
19 | practitioners and may include an
analysis of any bodily fluids | ||||||
20 | as well as an examination of the minor's person.
Except as | ||||||
21 | otherwise provided by law, the results of the test shall be | ||||||
22 | kept
strictly confidential by all medical personnel involved in | ||||||
23 | the testing and must
be personally delivered in a sealed | ||||||
24 | envelope to the judge of the court in which
the sentencing | ||||||
25 | order was entered for the judge's inspection in camera. Acting
| ||||||
26 | in accordance with the best interests of the victim and the |
| |||||||
| |||||||
1 | public, the judge
shall have the discretion to determine to | ||||||
2 | whom the results of the testing may
be revealed. The court | ||||||
3 | shall notify the minor of the results of the test for
infection | ||||||
4 | with the human immunodeficiency virus (HIV). The court shall | ||||||
5 | also
notify the victim if requested by the victim, and if the | ||||||
6 | victim is under the
age of 15 and if requested by the victim's | ||||||
7 | parents or legal guardian, the court
shall notify the victim's | ||||||
8 | parents or the legal guardian, of the results of the
test for | ||||||
9 | infection with the human immunodeficiency virus (HIV). The | ||||||
10 | court
shall provide information on the availability of HIV | ||||||
11 | testing and counseling at
the Department of Public Health | ||||||
12 | facilities to all parties to whom the
results of the testing | ||||||
13 | are revealed. The court shall order that the cost of
any test | ||||||
14 | shall be paid by the county and may be taxed as costs against | ||||||
15 | the
minor.
| ||||||
16 | (10) When a court finds a minor to be guilty the court | ||||||
17 | shall, before
entering a sentencing order under this Section, | ||||||
18 | make a finding whether the
offense committed either: (a) was | ||||||
19 | related to or in furtherance of the criminal
activities of an | ||||||
20 | organized gang or was motivated by the minor's membership in
or | ||||||
21 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
22 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||||||
23 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
24 | of 1961, or a violation of any
statute that involved the | ||||||
25 | wrongful use of a firearm. If the court determines
the question | ||||||
26 | in the affirmative,
and the court does not commit the minor to |
| |||||||
| |||||||
1 | the Department of Juvenile Justice, the court shall order the | ||||||
2 | minor to perform community service
for not less than 30 hours | ||||||
3 | nor more than 120 hours, provided that community
service is | ||||||
4 | available in the jurisdiction and is funded and approved by the
| ||||||
5 | county board of the county where the offense was committed. The | ||||||
6 | community
service shall include, but need not be limited to, | ||||||
7 | the cleanup and repair of
any damage caused by a violation of | ||||||
8 | Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||||||
9 | to property located in the municipality or county in which
the | ||||||
10 | violation occurred. When possible and reasonable, the | ||||||
11 | community service
shall be performed in the minor's | ||||||
12 | neighborhood. This order shall be in
addition to any other | ||||||
13 | order authorized by this Section
except for an order to place | ||||||
14 | the minor in the custody of the Department of
Juvenile Justice. | ||||||
15 | For the purposes of this Section, "organized
gang" has the | ||||||
16 | meaning ascribed to it in Section 10 of the Illinois Streetgang
| ||||||
17 | Terrorism Omnibus Prevention Act.
| ||||||
18 | (11) If the court determines that the offense was committed | ||||||
19 | in furtherance of the criminal activities of an organized gang, | ||||||
20 | as provided in subsection (10), and that the offense involved | ||||||
21 | the operation or use of a motor vehicle or the use of a | ||||||
22 | driver's license or permit, the court shall notify the | ||||||
23 | Secretary of State of that determination and of the period for | ||||||
24 | which the minor shall be denied driving privileges. If, at the | ||||||
25 | time of the determination, the minor does not hold a driver's | ||||||
26 | license or permit, the court shall provide that the minor shall |
| |||||||
| |||||||
1 | not be issued a driver's license or permit until his or her | ||||||
2 | 18th birthday. If the minor holds a driver's license or permit | ||||||
3 | at the time of the determination, the court shall provide that | ||||||
4 | the minor's driver's license or permit shall be revoked until | ||||||
5 | his or her 21st birthday, or until a later date or occurrence | ||||||
6 | determined by the court. If the minor holds a driver's license | ||||||
7 | at the time of the determination, the court may direct the | ||||||
8 | Secretary of State to issue the minor a judicial driving | ||||||
9 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
10 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
11 | Illinois Vehicle Code, except that the court may direct that | ||||||
12 | the JDP be effective immediately.
| ||||||
13 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; | ||||||
14 | 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, eff. 8-15-08; | ||||||
15 | 95-876, eff. 8-21-08.) | ||||||
16 | (705 ILCS 405/Art. V, Part 7A heading new) | ||||||
17 | PART 7A. JUVENILE ELECTRONIC HOME DETENTION LAW | ||||||
18 | (705 ILCS 405/5-7A-101 new) | ||||||
19 | Sec. 5-7A-101. Short title. This Part may be cited as
the | ||||||
20 | Juvenile Electronic Home Detention Law. | ||||||
21 | (705 ILCS 405/5-7A-105 new) | ||||||
22 | Sec. 5-7A-105. Definitions. As used in this Article: | ||||||
23 | (a) "Approved electronic monitoring device" means a device |
| |||||||
| |||||||
1 | approved by the supervising authority that is primarily | ||||||
2 | intended to record or transmit information as to the minor's | ||||||
3 | presence or nonpresence in the home.
An approved electronic | ||||||
4 | monitoring device may record or transmit: oral or wire | ||||||
5 | communications or an auditory sound; visual images; or | ||||||
6 | information regarding the minor's activities while inside the | ||||||
7 | offender's home. These devices are subject to the required | ||||||
8 | consent as set forth in Section 5-7A-125 of this Article.
An | ||||||
9 | approved electronic monitoring device may be used to record a | ||||||
10 | conversation between the participant and the monitoring | ||||||
11 | device, or the participant and the person supervising the | ||||||
12 | participant solely for the purpose of identification and not | ||||||
13 | for the purpose of eavesdropping or conducting any other | ||||||
14 | illegally intrusive monitoring. | ||||||
15 | (b) "Excluded offenses" means any act if committed by an | ||||||
16 | adult would constitute first degree murder, escape, aggravated | ||||||
17 | criminal sexual assault, criminal sexual assault, aggravated | ||||||
18 | battery with a firearm, bringing or possessing a firearm, | ||||||
19 | ammunition, or explosive in a penal institution, any "Super-X" | ||||||
20 | drug offense or calculated criminal drug conspiracy or | ||||||
21 | streetgang criminal drug conspiracy, or any predecessor or | ||||||
22 | successor offenses with the same or substantially the same | ||||||
23 | elements, or any inchoate offenses relating to the foregoing | ||||||
24 | offenses. | ||||||
25 | (c) "Home detention" means the confinement of a minor | ||||||
26 | adjudicated delinquent or subject to an adjudicatory hearing |
| |||||||
| |||||||
1 | under Article V for an act that if committed by an adult would | ||||||
2 | be an offense to his or her place of residence under the terms | ||||||
3 | and conditions established by the supervising authority. | ||||||
4 | (d) "Participant" means a minor placed into an electronic | ||||||
5 | monitoring program. | ||||||
6 | (e) "Supervising authority" means the Department of | ||||||
7 | Juvenile Justice, probation supervisory authority, sheriff, | ||||||
8 | superintendent of a juvenile detention center, or any other | ||||||
9 | officer or agency charged with authorizing and supervising home | ||||||
10 | detention. | ||||||
11 | (f) "Super-X drug offense" means a violation of clause | ||||||
12 | (a)(1)(B), (C), or (D) of Section 401; clause (a)(2)(B), (C), | ||||||
13 | or (D) of Section 401; clause (a)(3)(B), (C), or (D) of Section | ||||||
14 | 401; or clause (a)(7)(B), (C), or (D) of Section 401 of the | ||||||
15 | Illinois Controlled Substances Act. | ||||||
16 | (705 ILCS 405/5-7A-110 new) | ||||||
17 | Sec. 5-7A-110. Application. | ||||||
18 | (a) Except as provided in subsection (d), a minor subject | ||||||
19 | to an adjudicatory hearing or adjudicated delinquent for an act | ||||||
20 | that if committed by an adult would be an excluded offense may | ||||||
21 | not be placed in an electronic home detention program, except | ||||||
22 | upon order of the court upon good cause shown. | ||||||
23 | (b) A minor adjudicated delinquent for an act that if | ||||||
24 | committed by an adult would be a Class 1 felony, other than an | ||||||
25 | excluded offense, may be placed in an electronic home detention |
| |||||||
| |||||||
1 | program for a period not to exceed the last 90 days of | ||||||
2 | incarceration. | ||||||
3 | (c) A minor adjudicated delinquent for an act that if | ||||||
4 | committed by an adult would be a Class X felony, other than an | ||||||
5 | excluded offense, may be placed in an electronic home detention | ||||||
6 | program for a period not to exceed the last 90 days of | ||||||
7 | incarceration, provided that the person was sentenced on or | ||||||
8 | after the effective date of this amendatory Act of the 96th | ||||||
9 | General Assembly and provided that the court has not prohibited | ||||||
10 | the program for the minor in the sentencing order. | ||||||
11 | (d) Applications for electronic home detention may include | ||||||
12 | the following: | ||||||
13 | (1) pre-adjudicatory detention; | ||||||
14 | (2) probation; | ||||||
15 | (3) furlough; | ||||||
16 | (4) post-trial incarceration; or | ||||||
17 | (5) any other disposition under this Article. | ||||||
18 | (705 ILCS 405/5-7A-115 new) | ||||||
19 | Sec. 5-7A-115. Program description. The supervising | ||||||
20 | authority may promulgate rules that prescribe reasonable | ||||||
21 | guidelines under which an electronic home detention program | ||||||
22 | shall operate. These rules shall include, but not be limited, | ||||||
23 | to the following: | ||||||
24 | (A) The participant shall remain within the interior | ||||||
25 | premises or within the property boundaries of his or her |
| |||||||
| |||||||
1 | residence at all times during the hours designated by the | ||||||
2 | supervising authority. Such instances of approved absences | ||||||
3 | from the home may include, but are not limited to, the | ||||||
4 | following: | ||||||
5 | (1) working or employment approved by the court or
| ||||||
6 | traveling to or from approved employment; | ||||||
7 | (2) unemployed and seeking employment approved for
| ||||||
8 | the participant by the court; | ||||||
9 | (3) undergoing medical, psychiatric, mental health
| ||||||
10 | treatment, counseling, or other treatment programs | ||||||
11 | approved for the participant by the court; | ||||||
12 | (4) attending an educational institution or a
| ||||||
13 | program approved for the participant by the court; | ||||||
14 | (5) attending a regularly scheduled religious
| ||||||
15 | service at a place of worship; | ||||||
16 | (6) participating in community work release or
| ||||||
17 | community service programs approved for the | ||||||
18 | participant by the supervising authority; or | ||||||
19 | (7) for another compelling reason consistent with
| ||||||
20 | the public interest, as approved by the supervising | ||||||
21 | authority. | ||||||
22 | (B) The participant shall admit any person or agent | ||||||
23 | designated by the supervising authority into his or her | ||||||
24 | residence at any time for purposes of verifying the | ||||||
25 | participant's compliance with the conditions of his or her | ||||||
26 | detention. |
| |||||||
| |||||||
1 | (C) The participant shall make the necessary | ||||||
2 | arrangements to allow for any person or agent designated by | ||||||
3 | the supervising authority to visit the participant's place | ||||||
4 | of education or employment at any time, based upon the | ||||||
5 | approval of the educational institution or employer or | ||||||
6 | both, for the purpose of verifying the participant's | ||||||
7 | compliance with the conditions of his or her detention. | ||||||
8 | (D) The participant shall acknowledge and participate | ||||||
9 | with the approved electronic monitoring device as | ||||||
10 | designated by the supervising authority at any time for the | ||||||
11 | purpose of verifying the participant's compliance with the | ||||||
12 | conditions of his or her detention. | ||||||
13 | (E) The participant shall maintain the following: | ||||||
14 | (1) a working telephone in the participant's home; | ||||||
15 | (2) a monitoring device in the participant's home,
| ||||||
16 | or on the participant's person, or both; and | ||||||
17 | (3) a monitoring device in the participant's home
| ||||||
18 | and on the participant's person in the absence of a | ||||||
19 | telephone. | ||||||
20 | (F) The participant shall obtain approval from the | ||||||
21 | supervising authority before the participant changes | ||||||
22 | residence or the schedule described in paragraph (A) of | ||||||
23 | this Section. | ||||||
24 | (G) The participant shall not commit another act that | ||||||
25 | if committed by an adult would constitute a crime during | ||||||
26 | the period of home detention ordered by the court. |
| |||||||
| |||||||
1 | (H) Notice to the participant that violation of the | ||||||
2 | order for home detention may subject the participant to an | ||||||
3 | adjudicatory hearing for escape as described in Section | ||||||
4 | 5-7A-120. | ||||||
5 | (I) The participant shall abide by other conditions as | ||||||
6 | set by the supervising authority. | ||||||
7 | (705 ILCS 405/7A-120 new)
| ||||||
8 | Sec. 7A-120. Escape; failure to comply with a condition of | ||||||
9 | the juvenile electronic home monitoring detention program. A | ||||||
10 | minor charged with or adjudicated delinquent for an act that, | ||||||
11 | if committed by an adult, would constitute a felony or | ||||||
12 | misdemeanor, conditionally released from the supervising | ||||||
13 | authority through a juvenile electronic home monitoring | ||||||
14 | detention program, who knowingly violates a condition of the | ||||||
15 | juvenile electronic home monitoring detention program shall be | ||||||
16 | adjudicated a delinquent minor for such act and shall be | ||||||
17 | subject to an additional sentencing order under Section 5-710. | ||||||
18 | (705 ILCS 405/7A-125 new)
| ||||||
19 | Sec. 7A-125. Consent of the participant. Before entering an | ||||||
20 | order for commitment for juvenile electronic home detention, | ||||||
21 | the supervising authority shall inform the participant and | ||||||
22 | other persons residing in the home of the nature and extent of | ||||||
23 | the approved electronic monitoring devices by doing the | ||||||
24 | following: |
| |||||||
| |||||||
1 | (A) Securing the written consent of the participant in | ||||||
2 | the program to comply with the rules and regulations of the | ||||||
3 | program as stipulated in paragraphs (A) through (I) of | ||||||
4 | Section 5-7A-115. | ||||||
5 | (B) Where possible, securing the written consent of | ||||||
6 | other persons residing in the home of the participant, | ||||||
7 | including the parent or legal guardian of the minor and of | ||||||
8 | the person in whose name the telephone is registered, at | ||||||
9 | the time of the order or commitment for electronic home | ||||||
10 | detention is entered and acknowledge the nature and extent | ||||||
11 | of approved electronic monitoring devices. | ||||||
12 | (C) Ensure that the approved electronic devices are | ||||||
13 | minimally intrusive upon the privacy of the participant and | ||||||
14 | other persons residing in the home while remaining in | ||||||
15 | compliance with paragraphs (B) through (D) of Section | ||||||
16 | 5-7A-115.
|